Statutory Rules
1973 No. 159
REGULATION UNDER THE APPLE AND PEAR STABILIZATION
ACT 1971.
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Apple and Pear Stabilization Act 1971.
Dated this twenty-third day of August, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
K. S. WRIEDT
Minister of State for Primary Industry.
__________
Amendment of the Apple and Pear Stabilization Regulations†
After regulation 3 of the Apple and Pear Stabilization Regulations the following regulation is added:—
Support price—season 1972-73.
“ 4. For the purpose of sub-section (2) of section 7 of the Act, the amount per reputed bushel prescribed as the support price for the season that commenced on 1st October, 1972, in respect of a variety of fruit specified in column 1 of the following table is the amount specified in column 2 of that table opposite to the name of that variety in column 1.
Column 1 | Column 2 |
Name of variety | Amount per reputed bushel |
Apples— | $ |
Granny Smith.......................................... | 3.58 |
Red Delicious.......................................... | 3.55 |
Golden Delicious........................................ | 3.15 |
Crofton.............................................. | 3.15 |
Cox's Orange Pippin..................................... | 3.09 |
Geeveston Fanny........................................ | 2.98 |
Scarlet Pearmain........................................ | 2.85 |
Tasmans Pride......................................... | 2.85 |
Democrat............................................. | 2.95 |
Legana.............................................. | 3.00 |
Cleopatra............................................. | 3.00 |
* Notified in the Australian Government Gazette on 27 August 1973.
† Statutory Rules 1972, No, 109.
Column 1 | Column 2 |
Name of variety | Amount per reputed bushel |
| $ |
Delicious............................................. | 2.93 |
Yates............................................... | 2.93 |
Rome Beauty.......................................... | 2.90 |
Sturmer.............................................. | 2.80 |
Red Jonathan.......................................... | 2.83 |
Other Jonathan varieties................................... | 2.75 |
Other apple varieties..................................... | 2.80 |
Pears— | |
Packham’s Triumph...................................... | 3.65 |
Beurre Bose........................................... | 3.25 |
Josephine............................................. | 2.88 |
Winter Nelis........................................... | 2.85 |
Other pear varieties...................................... | 2.80 ”. |
Overview
The Apple and Pear Stabilization Act 1971 was enacted by the Parliament of Australia to address market instability in the apple and pear industries, aiming to provide financial security for growers through a system of support prices and stabilisation schemes. The Act provides a legislative framework for the regulation of the apple and pear industries, ensuring a fair income for producers and stability in the supply chain. The Apple and Pear Stabilization Regulations 1973, made under the authority of this Act, further detail the operational aspects of the stabilisation schemes by setting specific support prices for various apple and pear varieties for the 1972-73 season. This regulation was issued by the Governor-General of Australia, acting on the advice of the Executive Council, and signed by the Minister of State for Primary Industry, reflecting the policy objective of maintaining a balanced and viable apple and pear industry.
Scope and Application
The Apple and Pear Stabilization Regulations 1973, made under the Apple and Pear Stabilization Act 1971, apply to the apple and pear industry in Australia, specifically targeting the pricing and stabilization of these fruits. These regulations establish a support price for various apple and pear varieties for the season commencing on 1st October 1972. The support prices are set out in a detailed table, which specifies the amount per reputed bushel for different varieties, providing a structured framework for pricing and ensuring stability within the market. The geographic scope of these regulations is national, as they are made under an Act of the Commonwealth of Australia, thus applying across the entire country. The regulations do not explicitly state any exclusions or exemptions, but they are likely to apply to all entities involved in the production, sale, and distribution of apples and pears within Australia, including farmers, processors, and retailers. Any further application or modifications to these regulations can be made through subordinate instruments, such as amendments or additional regulations under the Act.
Key Provisions
The key provisions of the Apple and Pear Stabilization Regulations 1973 establish the support prices for various apple and pear varieties for the 1972-73 season, as per section 4 of the regulation. This section details the support price per reputed bushel for each named variety, ensuring that growers receive a minimum price for their produce. For instance, Granny Smith apples are listed with a support price of $3.58 per reputed bushel, while Packham’s Triumph pears are priced at $3.65 per reputed bushel. These prices are set to provide financial stability to apple and pear growers during the specified season.
The regulation imposes obligations on parties involved in the apple and pear industry, primarily on growers and processors. Growers are entitled to receive the support price for their produce if they comply with the conditions set out under the Apple and Pear Stabilization Act 1971. Processors, on the other hand, are required to purchase the produce from growers at the prescribed support prices. This ensures that the intended financial support reaches the growers, and it maintains the stability of the market for apple and pear products.
Breaches of the regulations can lead to various civil and criminal consequences. While the specific penalties are not detailed in the statutory rules, the Act under which these regulations are made, the Apple and Pear Stabilization Act 1971, may provide for penalties such as fines or other sanctions for non-compliance. These penalties are designed to enforce adherence to the stipulated support prices and the overall objectives of the Act, ensuring the smooth functioning of the apple and pear market. The exact penalties would depend on the nature and severity of the breach, as outlined in the Act itself.