States Grants (Fruit-growing Reconstruction) Act 1976

Legislation au C2004A01579 Not in force Act

Legislation content

STATES GRANTS (FRUIT-GROWING RECONSTRUCTION) ACT 1976

No. 149 of 1976

An Act relating to an Agreement between the Commonwealth and the States with respect to the Provision of Assistance to Persons engaged in Fruit-growing.

WHEREAS the execution, on behalf of the Commonwealth, of an agreement between the Commonwealth 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 the Commonwealth and all of the States executed an agreement in accordance with the form set out in the Schedule to that Act:

AND WHEREAS the agreement so executed has been amended by further agreements approved by the Parliament by the States Grants (Fruit-growing Reconstruction) Act 1973 and the States Grants (Fruit-growing Reconstruction) Act 1974 and, as so varied, is known as the 1972-1974 Fruit-growing Reconstruction Agreement:

AND WHEREAS it has been agreed, by exchange of letters on behalf of the Commonwealth and all the States, that, subject to the approval of the Parliament of the Commonwealth, the 1972-1974 Fruit-growing Reconstruction Agreement shall have effect; and be deemed to have had effect on and from 1 January 1976, as if further varied in the manner specified in the Schedule to this Act:

 

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

Short title.

1. This Act may be cited as the States Grants (Fruit-growing Reconstruction) Act 1976.

Commencement.

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

Definition.

3. In this Act, “Revised Agreement” means the 1972-1974 Fruit-growing Reconstruction Agreement, as varied in accordance with the amendments approved by section 4.

Approval of variation of agreement.

4. Approval is given to the agreement made by exchange of letters on behalf of the Commonwealth and all the States to the effect that the 1972-1974 Fruit-growing Reconstruction Agreement shall have effect, and be deemed to have had effect on and from 1 January 1976, as if further varied in the manner specified in the Schedule to this Act.

Appropriation for financial assistance.

5. (1) The payments by the Commonwealth to a State provided for in the Revised Agreement, including advances by the Treasurer, 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) shall 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 certain agreements relating to rural reconstruction were a reference to those agreements as modified by the Revised Agreement.

Additional financial assistance.

7. (1) The Minister may authorize the provision of financial assistance to the States of Victoria and South Australia, additional to that provided for by the Revised Agreement but not exceeding a total of $1,000,000, on the terms and conditions that are applicable to the grant of financial assistance to the States under the Revised Agreement as it applies in relation to the removal of canning fruit trees, but subject to such additional conditions as to the trees to be removed as the Minister thinks fits.

(2) Payments authorized to be made under this section shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

SCHEDULE Section 4

VARIATION OF 1972-1974 FRUIT-GROWING RECONSTRUCTION AGREEMENT

Provision

Amendment

Clause 7................

Omit “the thirty-first day of December 1975”, substitute “the thirty-first day of December 1976”.

The Schedule, paragraph 3.1..

Omit “30 June 1976”, substitute “30 June 1977”.

 

Overview

The States Grants (Fruit-growing Reconstruction) Act 1976 was enacted to formalise an agreement between the Commonwealth and the States for the provision of assistance to individuals engaged in fruit-growing. This Act addresses the need for a coordinated scheme to support the fruit-growing industry, ensuring that financial assistance is provided in a manner that aligns with the economic and agricultural needs of the participating states. The Act was approved by the Parliament of the Commonwealth and is structured to give effect to the 1972-1974 Fruit-growing Reconstruction Agreement, which has been subsequently varied to include further amendments. The policy objective of this Act is to facilitate the implementation of a comprehensive assistance scheme that aids in the restructuring and modernisation of the fruit-growing industry across the states.

Scope and Application

The States Grants (Fruit-growing Reconstruction) Act 1976 pertains to an agreement between the Commonwealth and the States for providing financial assistance to individuals engaged in fruit-growing. The Act applies to the Revised Agreement, which is the 1972-1974 Fruit-growing Reconstruction Agreement, as varied in accordance with the amendments approved by section 4. This agreement aims to provide financial assistance to states on terms and conditions specified within the Revised Agreement. The Act applies to all the States, and its geographic reach is national as it involves the Commonwealth and all the States in Australia. The Act allows for payments from the Consolidated Revenue Fund to be made to the States for the purposes of the Revised Agreement. Additionally, the Act provides for the Minister to authorize additional financial assistance to the States of Victoria and South Australia, not exceeding a total of $1,000,000, on terms and conditions that are applicable to the grant of financial assistance to the States under the Revised Agreement but subject to additional conditions as to the trees to be removed as the Minister thinks fit. The Act does not specify any exclusions or exemptions but does allow for modification through subordinate instruments.

Key Provisions

The main operative sections of the States Grants (Fruit-growing Reconstruction) Act 1976 are section 1, which provides the short title of the Act; section 2, which states that the Act shall come into operation on the day it receives Royal Assent; section 3, which defines "Revised Agreement"; section 4, which approves the variation of the 1972-1974 Fruit-growing Reconstruction Agreement; section 5, which outlines the terms of financial assistance payments from the Commonwealth to the States; section 6, which allows payments under the Rural Reconstruction Agreement to be treated as if modified by the Revised Agreement; and section 7, which allows for additional financial assistance to the States of Victoria and South Australia. The Act primarily governs the financial assistance provided by the Commonwealth to the States for fruit-growing reconstruction. The Act imposes several obligations on the parties involved. Firstly, it mandates the approval of the agreement between the Commonwealth and the States regarding the provision of financial assistance to persons engaged in fruit-growing. Secondly, it requires the financial assistance payments to be made out of the Consolidated Revenue Fund and in accordance with the terms and conditions of the Revised Agreement. Thirdly, it allows for modifications to the Rural Reconstruction Agreement as if they were modified by the Revised Agreement. Finally, it empowers the Minister to authorize additional financial assistance to the States of Victoria and South Australia, subject to specific conditions. The Act includes provisions for offences, penalties, or civil/criminal consequences for breach. However, the text does not explicitly state any specific offences, penalties, or consequences. Generally, breaches of legislative provisions can lead to legal actions, fines, or other penalties depending on the nature and severity of the breach, but the specific details would be governed by other relevant laws and regulations.

Legal classification tags

Area of Law
Administrative Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.