Federal Register of Legislation - Australian Government

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Act No. 61 of 1938 as made
An Act to make provision for Assisting in the Production and Marketing in Australia of Apples and Pears.
Date of Assent 10 Dec 1938
Date of repeal 01 Jul 1949
Repealed by Apple and Pear Organization Act 1947

APPLE AND PEAR PUBLICITY AND RESEARCH.

 

No. 61 of 1938.

An Act to make provision for Assisting in the Production and Marketing in Australia of Apples and Pears.

[Assented to 10th December, 1938.]

Preamble

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—

Short title.

1.  This Act may be cited as the Apple and Pear Publicity and Research Act 1938.


 

Commencement.

2.   This Act shall come into operation on the first day of January, One thousand nine hundred and thirty-nine.

Definitions.

3.   In this Act, unless the contrary intention appears—

“the Board” means the Australian Apple and Pear Board constituted under the Apple and Pear Organization Act 1938;

“the Fund” means the Apple and Pear Publicity and Research Fund established under this Act.

Apple and Pear Publicity and Research Fund.

4.—(1.)  For the purposes of this Act, there shall be a Fund to be known as the Apple and Pear Publicity and Research Fund into which shall be paid, out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, all moneys from time to time collected under the Apple and Pear Tax Assessment Act 1938.

(2.)  Income derived from the investment of the Fund shall form part thereof.

(3.)  The income of the Fund shall not be subject to taxation by the Commonwealth or a State.

Application of moneys paid into the Fund.

5.  The Fund shall be administered by the Board and the moneys standing to the credit of the Fund shall be applied by the Board—

(a) for the purpose of increasing and extending, by publicity, research or any other means, the consumption of apples and pears throughout Australia;

(b) for any purpose which the Board deems to be necessary or desirable for the improvement of the production of apples and pears in Australia;

(c) in payment of the expenses of, and charges incurred by, the Board or for which the Board becomes liable, under this Act; and

(d) in investment in any securities of, or guaranteed by, the Government of the Commonwealth or of a State.

Moneys in Fund uninvested may be lodged in bank.

6.  Moneys held in the Fund uninvested may be lodged in an account at call or at fixed deposit or partly in an account at call and partly on fixed deposit with a bank.

Audit.

7.  The accounts of the Board under this Act shall be subject to inspection and audit by the Auditor-General for the Commonwealth.

Annual report.

8.  The Board shall, in the month of September in each year, report to the Minister as to the operation of the Act during the last preceding financial year.

Regulations.

9.  The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.