States Grants (Fruit-growing Reconstruction) Act 1973

States Grants (Fruit-growing Reconstruction) Act 1973

No. 212 of 1973

AN ACT

Relating to an Agreement between Australia and the States with respect to the Provision of further Assistance to Persons engaged in Fruit-growing.

[Assented to 19 December 1973]

Whereas the execution, on behalf of Australia, of an agreement between Australia and all or any of the States in respect of a Scheme to provide assistance to persons engaged in fruit-growing, being an agreement substantially in accordance with the form set out in the Schedule to the States Grants (Fruit-growing Reconstruction) Act 1972 was approved by that Act:

And Whereas on 2 November 1972 Australia and all of the States executed an agreement in accordance with the form set out in the Schedule to that Act:

And Whereas on 24 November 1973 Australia and all of the States executed an agreement varying the agreement executed on 2 November 1972:

And Whereas it is provided in the agreement executed on 24 November 1973, that the agreement shall have no force and effect until it has been approved by the Parliament of Australia:

BE IT THEREFORE ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title.

1. This Act may be cited as the States Grants (Fruit-growing Reconstruction) Act 1973.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Definitions.

3. In this Act—

“the revised agreement” means the Principal Agreement as varied by the Supplemental Agreement;

“the Principal Agreement” means the agreement executed by Australia in pursuance of the States Grants (Fruit-growing Reconstruction) Act 1972;

“the Supplemental Agreement” means the agreement a copy of which is set out in the Schedule.

Approval of Supplemental Agreement.

4. The Supplemental Agreement is approved.

Appropriation for financial assistance.

5. (1) The payments by Australia to a State provided for in the revised Agreement, including advances made by the Treasurer under the revised Agreement, may be made to the State, by way of financial assistance on the terms and conditions contained in—

(a) the revised Agreement; or

(b) if the Schedule to the revised Agreement is amended in accordance with the revised Agreement, the revised Agreement as so amended.

(2) The payments referred to in sub-section (1) may be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

Modification of Rural Reconstruction Agreement.

6. Payments may be made under section 5 of the States Grants (Rural Reconstruction) Act 1973 as if the reference in that section to agreements relating to rural reconstruction was a reference to those agreements as modified by the revised agreement referred to in section 3 of this Act.

SCHEDULE  Section 3

This Agreement made the twenty-fourth day of November One thousand nine hundred and seventy-three between—

The Commonwealth of Australia of the first part,

The State of New South Wales of the second part,

The State of Victoria of the third part,

The State of Queensland of the fourth part,

The State of South Australia of the fifth part,

The State of Western Australia of the sixth part, and

The State of Tasmania of the seventh part

is supplemental to the agreement in relation to the provision of financial assistance for persons engaged in fruit-growing industries throughout Australia (in this Agreement called ‘the Principal Agreement’) that was approved by the States Grants (Fruit-growing Reconstruction) Act 1972 and was made between the Commonwealth and all the States the second day of November 1972.

Whereas—

(a) the Principal Agreement is deemed to have commenced as between the Commonwealth and each State on the fourteenth day of July 1972;

(b) the Commonwealth and the States are desirous of extending the financial assistance to be provided under the Principal Agreement and of varying certain of the provisions of the Principal Agreement:

(c) the Parliament of the Commonwealth will be requested to approve this Agreement and to authorise the grant of financial assistance to the States in accordance with the provisions of the Principal Agreement as varied by this Agreement,

Now it is hereby agreed as follows—

Approval of Agreement

1. This Agreement shall have no force or effect and shall not be binding upon any party until it has been approved by the Parliament of the Commonwealth.

Commencement of Agreement.

2. Upon being approved by the Parliament of the Commonwealth, this Agreement shall be deemed to have come into force and to have commenced on the first day of July 1973 so that the Principal Agreement shall be regarded as having been varied on that date and as providing for and giving effect to acts done on and from that date as if it had been so varied.

Construction and Operation of Agreements.

3.—(1.) In this Agreement, each State that is a party is referred to as a ‘ State and the expression ‘ the States ’ means, except where the context otherwise requires, all of the States that are for the time being parties.

(2.) The Principal Agreement as varied by this Agreement shall be construed as if this Agreement were incorporated in and formed part of the Principal Agreement and so that, except where the context otherwise requires, references in the Principal Agreement to that Agreement were references to that Agreement as varied by and incorporating the provisions of this Agreement.

(3.) Except where the contrary intention appears, expressions used in this Agreement that are expressions to which meanings are attributed in the Principal Agreement have in this Agreement the respective meanings so attributed to them.

Extension of Financial Assistance.

4. Clause 7 of the Principal Agreement is amended by deleting the date ‘the thirtieth day of June, 1973’ and inserting in its place the date ‘the thirtieth day of June, 1974’.

Amendments of the Schedule.

5.—(1.) The Schedule to the Principal Agreement is amended as follows—

(a) by adding to paragraph 1.2 the following sentence—

The canning apricot industry shall be regarded as having qualified for financial assistance as from 16 March 1973.

(b) by rewording paragraph 2.2 to read as follows—

2.2 The maximum rate of assistance will be $500 per acre for canning peaches, canning

Schedule—continued

pears and canning apricots and $350 per acre for fresh apples and fresh pears.

(c) by rewording paragraph 2.3 to read as follows—

2.3 The Authority will administer the Scheme so that the average rate of assistance does not exceed $350 per acre for canning peaches, canning pears and canning apricots and $250 per acre for fresh apples and fresh pears, respectively.

(d) by deleting from paragraph 2.5 the words ‘ canning peach and canning pear ’ and inserting in their place the words ‘canning peach, canning pear and canning apricot’;

(e) by deleting from paragraph 3.1 the date ‘31 October 1973’ and inserting in its place ‘31 October 1974’;

(f) by adding to paragraph 3.1 the following further sentence—

Where the application was made prior to 1 July 1973 but assistance has not been paid due to failure by the applicant to proceed and in the opinion of the Authority the applicant is responsible for such failure, the application shall be deemed to have lapsed and no financial assistance will be provided under the Scheme in respect of the removal at any time of the trees that are the subject of the application.

(2.) The amendments made by sub-clause (1.) of this clause shall be deemed to have taken effect as follows—

(a) the amendment made by paragraph (a)—on 16 March 1973;

(b) the amendment made by paragraph (b)—as from 16 March 1973;

(c) the amendment made by paragraph (c) in respect of fresh apples and fresh pears—as from the commencement of the Scheme;

(d) the amendment made by paragraph (c) in respect of canning apricots—as from 16 March 1973;

(e) the amendment made by paragraph (d)—as from the commencement of the Principal Agreement;

(f) the amendments made by paragraphs (e) and (f)—on the coming into force of this Agreement.

Confirmation and Title of Agreement.

6. The Principal Agreement except in so far as its provisions are varied by this Agreement, is confirmed and, as so varied, shall be known as “the 1972-1973 Fruit-Growing Reconstruction Agreement”.

In witness whereof this Agreement has been executed as at the day and year first above written.

Schedule–continued

_______________