DUTY AMENDMENT ACT 1976

An Act to amend the Apple and Pear Stabilization Export Duty Act 1971.

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

Short title and citation.

1. (1) This Act may be cited as the Apply and Pear Stabilization Export Duty Amendment Act 1976.

(2) The Apple and Pear Stabilization Export Duty Act 1971 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the Apple and Pear Stabilization Export Duty Act 1971-1976.

Commencement.

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

Imposition of export duty.

3. Section 6 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:—

“(1a) In the application of sub-section (1) in relation to the season that commenced on 1 October 1975, the reference in that sub-section to exportation of fruit on consignment shall be construed as a reference—

(a) in the case of the exportation of apples—to exportation on consignment to a country in Europe (including the United Kingdom of Great Britain and Northern Ireland); or

(b) in the case of the exportation of pears—to exportation on consignment to a country in Europe (including the United Kingdom of Great Britain and Northern Ireland), the United States of America or Canada.”.

Rate of export duty.

4. Section 7 of the Principal Act is amended—

(a) by omitting the words “reputed bushel” (wherever occurring) and substituting the words “reputed box”;

(b) by omitting from sub-section (2) the words “the next succeeding sub-section” and substituting the words “sub-sections (2a) and (3)”; and

“(2a) In relation to apples picked during the season that commenced on 1 October 1975, sub-section (2) does not apply but, subject to sub-section (3), the rate of export duty in respect of apples picked during that season is an amount per reputed box, or part of a reputed box, in each container of the apples equal to—

(a) where the excess in relation to those apples is not more than 50 cents—one-quarter of the excess;

(b) where the excess in relation to those apples is more than 50 cents but not more than $1—the sum of 12.5 cents and one-half of the amount by which the excess exceeds 50 cents;

(c) where the excess in relation to those apples is more than $1 but not more than $1.50—the sum of 37.5 cents and three-quarters of the amount by which the excess exceeds $1; or

(d) in any other case—

(i) the sum of 75 cents and the amount by which the excess in relation to those apples exceeds $1.50; or

(ii) $2,

whichever is the less.”.