Dried Vine Fruits Stabilization Amendment Act 1978

Overview

The Dried Vine Fruits Stabilization Amendment Act 1978, enacted by the Queen, the Senate and the House of Representatives of the Commonwealth of Australia, amends the Dried Vine Fruits Stabilization Act 1971 to address specific issues arising in the dried vine fruits industry, particularly concerning currants and raisins. This amendment was necessary to refine the application of the original Act to better align with contemporary industry needs and economic conditions. The policy objective is to provide a more precise regulatory framework for the stabilization of dried vine fruit prices, ensuring that the provisions of the Act are effectively targeted and responsive to changes in the market. The Act ensures that certain provisions do not apply to currants or raisins received for packing after a specified date, and it modifies the base price and stabilization payment rates to reflect updated economic considerations. Additionally, the Act introduces formal amendments to correct minor textual inconsistencies within the Principal Act.

Scope and Application

The Dried Vine Fruits Stabilization Amendment Act 1978 amends the Dried Vine Fruits Stabilization Act 1971, impacting the regulation of the dried vine fruit industry, particularly focusing on currants, raisins, and sultanas. This Act applies to these specific types of dried vine fruits and their stabilization within the context of seasons starting on or after 1 January 1978, but excludes currants and raisins for that season. The amendments set specific base prices and stabilization payment rates for sultanas for the 1978 season and the next two succeeding seasons, while adjusting the thresholds and limits for the Commonwealth. This legislation is applicable nationally, as it is a Commonwealth Act, thereby ensuring uniform regulation across Australia. The Act also allows for the extension or restriction of its application through subordinate instruments, which can provide further clarification or specify additional details regarding the implementation of the stabilization measures.

Key Provisions

The Dried Vine Fruits Stabilization Amendment Act 1978 (C2004A01934) amends the Dried Vine Fruits Stabilization Act 1971. The primary changes introduced by this Act include the specification of the dried fruits to which the Act applies, the seasons it covers, the base price for sultanas, the rate of stabilization payment, and the conditions for refunds from stabilization funds. Firstly, section 3 amends section 5 of the Principal Act by excluding currants and raisins received for packing from 1 January 1978 onwards from the Act's application (subsection (2)). Secondly, section 4 modifies section 6 of the Principal Act, adjusting the seasons to which the Act applies by omitting "five succeeding seasons" and replacing it with "5 succeeding seasons and in relation to the season that commenced on 1 January 1978 and to each of the next 2 succeeding seasons" (subsection (1)). Thirdly, section 5 amends section 10 of the Principal Act by inserting a new subsection (1a) that sets the base price for sultanas at $515 per tonne for the season starting 1 January 1978 and modifies subsection (2) to account for the new season (subsections (1) and (1a)). The Act imposes specific obligations and requirements on the parties it governs. For instance, it mandates that the base price for sultanas during the specified seasons be set at $515 per tonne (section 5(1a)). Furthermore, it requires the Minister to make a repayment to the Consolidated Revenue Fund if doing so would prevent the rate of a stabilization payment from exceeding the specified limits ($23 per tonne for seasons before 1 January 1978 and $25 per tonne for the specified seasons) (section 7(3)). Additionally, section 7(4a) extends the application of certain provisions to the Currants Stabilization Fund and the Raisins Stabilization Fund as if the last season to which this Act applies were the season that commenced on 1 January 1976. Failure to comply with the provisions of the Dried Vine Fruits Stabilization Amendment Act 1978 can result in civil or criminal consequences. Although the Act does not explicitly detail specific offences or penalties, breaches of the Act's provisions could potentially lead to legal action under the general principles of statutory interpretation and administrative law. The penalties for non-compliance could range from fines to more severe penalties depending on the nature and severity of the breach, as interpreted under the broader legal framework of Australian law. The maximum penalties, however, are not specified within the Act itself but would be determined by the courts in the context of any legal proceedings arising from a breach.