Australian Apple and Pear Corporation Amendment Act (No. 2) 1981

Overview

The Australian Apple and Pear Corporation Amendment Act (No. 2) 1981 was enacted to update and refine the provisions of the Australian Apple and Pear Corporation Act 1973. This amendment was introduced to address operational and administrative needs of the Corporation, including the need to adjust membership numbers and procedures for member dismissal and interest disclosure. The Act was assented to on 21 October 1981 and commenced on 18 November 1981, establishing specific changes to the structure and functioning of the Corporation as outlined in the Principal Act. The policy objective of this amendment was to ensure the Corporation operates efficiently and with appropriate oversight, reflecting changes in its operational context and governance requirements.

Scope and Application

The Australian Apple and Pear Corporation Amendment Act (No. 2) 1981 is an amendment to the Australian Apple and Pear Corporation Act 1973, aimed at updating and refining the structure and operational framework of the Corporation. This Act applies to the Australian Apple and Pear Corporation and its members, governing their conduct, transactions, and membership arrangements. Geographically, the Act applies to the Commonwealth, ensuring uniform application across Australia. The Act does not explicitly state exclusions or thresholds, but it does amend the composition and procedural aspects of the Corporation’s operations. For instance, it increases the number of members from nine to eleven and modifies the appointment terms for certain members. Additionally, the Act introduces provisions for the disclosure of pecuniary interests by members to maintain transparency. Some sections of the Principal Act are repealed, and others are formally amended to update references and definitions. The amendments do not affect existing members appointed before the commencement of the Act.

Key Provisions

The Australian Apple and Pear Corporation Amendment Act (No. 2) 1981 makes several amendments to the Australian Apple and Pear Corporation Act 1973. The main operative sections of this amendment concern changes to the membership of the Corporation, the dismissal of members, the disclosure of interests by members, and the number of meetings required per year. Section 2 of the Act increases the number of members on the Corporation from nine to eleven, and the number of members from the apple industry who must be on the Corporation from four to six. This change does not affect the term of members already in office, but those appointed before 1 September 1983 will have their term limited to 31 August 1983. The Act also introduces stricter conditions for the dismissal of members. Section 3 amends section 21 of the Principal Act by adding that a member may be dismissed for failing to comply with the Act "without reasonable excuse". This adds a layer of accountability for members, ensuring they have a justifiable reason for any failure to comply with the Act. Furthermore, section 4 replaces section 22 of the Principal Act with a new provision that requires any member, or their deputy, with a direct or indirect pecuniary interest in a matter being considered by the Corporation to disclose this interest as soon as possible after becoming aware of the relevant facts. This disclosure must be recorded in the minutes of the meeting. Additionally, section 5 of the Act changes the number of meetings required per year from seven to eight. This amendment ensures that the Corporation meets more frequently, allowing for more regular oversight and decision-making. The Act also includes several formal amendments detailed in the Schedule, such as updating references to historical periods and repealing certain sections of the Principal Act that are no longer relevant. The obligations and requirements imposed by the Australian Apple and Pear Corporation Amendment Act (No. 2) 1981 are primarily directed towards the Corporation and its members. Members must disclose any pecuniary interest they or their deputies may have in matters being considered by the Corporation. This transparency requirement is intended to prevent conflicts of interest and ensure that decisions are made in the best interest of the Corporation. Furthermore, the Corporation must hold at least eight meetings per year, ensuring that there is regular engagement and oversight. There are also specific consequences for breaching the provisions of the Act. Section 21, as amended by section 3, allows for the dismissal of members who fail to comply with the Act without reasonable excuse. This serves as a deterrent against non-compliance and ensures that members are held accountable for their actions. Additionally, failure to disclose a pecuniary interest as required by section 22 can result in the minutes of the meeting being challenged, potentially leading to further consequences for the member involved. The Act does not explicitly state maximum penalties for breaches, but the consequences of non-compliance, such as dismissal or challenges to meeting minutes, are significant. These provisions underscore the importance of adherence to the Act and the potential repercussions for members who fail to meet their obligations.