Australian Apple and Pear Corporation Amendment Act 1978

Overview

The Australian Apple and Pear Corporation Amendment Act 1978 was enacted to amend the Australian Apple and Pear Corporation Act 1973. This Act was introduced by the Queen, in pursuance of the authority granted to the Commonwealth Parliament, to address specific operational and administrative aspects of the Australian Apple and Pear Corporation. One of the primary objectives of this Act is to align the remuneration and allowances of prescribed personnel within the Corporation with the provisions of the Remuneration Tribunals Act 1973. Furthermore, it seeks to refine the borrowing powers of the Corporation to ensure that funds are utilized effectively for the Corporation’s core functions, including trade, export promotion, and domestic consumption encouragement of apples and pears. The Act also includes formal amendments to terminology and references to ensure consistency with other Commonwealth legislation.

Scope and Application

The Australian Apple and Pear Corporation Amendment Act 1978 applies to the Australian Apple and Pear Corporation, as defined in the Australian Apple and Pear Corporation Act 1973, which it amends. Specifically, the Act governs the remuneration and allowances of prescribed persons, which include members and deputies of the Corporation, as well as members of Committees appointed under section 10 of the Principal Act. Additionally, it outlines the borrowing powers of the Corporation, specifying that it can borrow moneys for purposes such as exercising its power to engage in trade, promoting the export, trade, and consumption of apples and pears within Australia, and among the States and Territories. The Act also includes formal amendments, replacing references to the "Australian Government" and "Australia" with "Commonwealth" and "the Commonwealth," respectively, and substituting "Minister for Finance" for "Treasurer" in certain provisions. The Act applies nationally, as it pertains to the Commonwealth and the functions of the Corporation across all states and territories of Australia. There are no stated exclusions or exemptions in the provided text, and while the Act itself does not extend or restrict its application through subordinate instruments, regulations made under the Principal Act continue in force as if made under the amended provisions.

Key Provisions

The Australian Apple and Pear Corporation Amendment Act 1978 amends the Australian Apple and Pear Corporation Act 1973 (the Principal Act) in several key areas. Firstly, section 18 of the Principal Act is repealed and replaced to revise the remuneration and allowances for prescribed persons (section 1). A prescribed person is defined as either a member or a deputy of the Corporation, or a member of a Committee appointed under section 10. Under the new section 18, these prescribed persons are to be paid remuneration determined by the Remuneration Tribunal and prescribed allowances, with effect subject to the Remuneration Tribunals Act 1973. The Act also amends the borrowing provisions of the Corporation. Section 30 of the Principal Act is altered to specify that the Corporation can borrow moneys for exercising its power to engage in trade, promoting the export of apples and pears from Australia, promoting trade and commerce in apples and pears among the states, between states and territories, and within the territories, and encouraging the consumption of apples and pears in the territories (section 3). This amendment aims to provide clarity and flexibility in the Corporation’s financial activities. In addition to these changes, the Act introduces formal amendments to various sections of the Principal Act, as detailed in the Schedule. These formal amendments include substituting terms such as “Australian Government” with “Commonwealth” and “Australia” with “the Commonwealth,” and replacing “Treasurer” with “Minister for Finance” in certain provisions (Schedule, sections 1 to 3). These changes are intended to update the terminology and ensure consistency within the legislative framework. The Australian Apple and Pear Corporation Amendment Act 1978 imposes specific obligations on the Corporation and its members. Primarily, it mandates that prescribed persons, including members and certain committee members, receive remuneration and allowances as determined and prescribed by relevant authorities. The Remuneration Tribunal’s role in determining remuneration is pivotal, ensuring that payments are fair and in accordance with established guidelines. Furthermore, the borrowing provisions require that any funds borrowed by the Corporation be used exclusively for specified purposes related to the trade and promotion of apples and pears. Breaches of the provisions in the Australian Apple and Pear Corporation Amendment Act 1978 may lead to various consequences. While the Act does not explicitly detail specific offences or penalties, violations of the Corporation’s borrowing limits or failure to comply with remuneration determinations by the Remuneration Tribunal could result in civil or administrative penalties. For instance, unauthorised borrowing could lead to financial penalties or legal action to recover improperly borrowed funds. Similarly, non-compliance with remuneration provisions might result in disputes or legal challenges regarding the rightful remuneration of Corporation members. The exact penalties would depend on the nature of the breach and applicable laws governing the Corporation’s operations.