Federal Register of Legislation - Australian Government

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Apple and Pear Organization Act 1953

Authoritative Version
Act No. 35 of 1953 as made
An Act to amend the Apple and Pear Organization Act 1938-1948.
Date of Assent 17 Apr 1953
Date of repeal 01 Sep 1974
Repealed by Australian Apple and Pear Corporation Act 1973

APPLE AND PEAR ORGANIZATION.

 

No. 35 of 1953.

An Act to amend the Apple and Pear Organization Act 1938-1948.

[Assented to 17th April, 1953.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.)     This Act may be cited as the Apple and Pear Organization Act 1953.

(2.)   The Apple and Pear Organization Act 1938-1948 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 Organization Act 1938-1953.

Commencement.

2.—(1.)     Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2.)   Section six of this Act shall come into operation on a date to be fixed by Proclamation.

Executive Committee of Board.

3.  Section nine of the Principal Act is amended—

(a) by inserting in sub-section (6.), after the word “fees”, the word “,allowances”; and

(b) by inserting in sub-section (13.), after the word “fees”, the word “,allowances”.


 

4.  Section ten of the Principal Act is repealed and the following section inserted in its stead:—

Salaries, fees, allowances and expenses.

“10.—(1.) Subject to this section, members of the Board and deputies of members shall be paid, in respect of attendance at meetings of the Board or of the Executive Committee of the Board or while engaged (whether in Australia or overseas), with the approval of the Board, on business of the Board, such salaries, fees, allowances and expenses as the Governor-General determines.

“(2.) If a member of the Board or a deputy of a member is also a member of the Parliament of the Commonwealth or of a State, he shall not be paid salary, fees, allowances or expenses under the last preceding sub-section, but shall be reimbursed such expenses as he reasonably incurs by reason of his attendance at meetings of the Board or of the Executive Committee of the Board or of his engagement (whether in Australia or overseas), with the approval of the Board, on business of the Board.”.

Overseas representatives.

5.  Section eleven of the Principal Act is amended by omitting from sub-section (2.) the words “as are prescribed” and inserting in their stead the words “as the Minister, after a recommendation has been made by the Board, determines”.

6.     Section twelve of the Principal Act is repealed and the following section inserted in its stead:—

Employment of staff.

“12.—(1.) Subject to this section, the Board may employ such persons as it thinks necessary to assist the Board in exercising its powers and performing its functions under this Act.

“(2.) The terms and conditions of employment of persons employed under this section shall be such as are determined by the Board with the approval of the Public Service Board.

“(3.) Where a person employed in pursuance of this section was, immediately before he became employed by the Board, an officer of the Public Service of the Commonwealth, his service as a person employed by the Board shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth, and the Officers’ Rights Declaration Act 1928-1953 applies as if this Act and this section had been specified in the Schedule to that Act.”.

7.  Section fifteen of the Principal Act is repealed and the following section inserted in its stead:—

Contracts relating to shipment and insurance of apples and pears.

“15.—(1.) A contract for—

(a) the carriage of apples or pears by sea to a place beyond the Commonwealth; or

(b) the insurance of apples or pears to be so carried against loss or deterioration while awaiting transport or in transit or until disposed of,


 

shall not be made except—

(c) by the Board acting as the agent of the owner of the apples or pears or of another person having authority to export the apples or pears; or

(d) in conformity with conditions approved by the Board.

“(2.) A contract of the kind specified in the last preceding subsection made otherwise than in accordance with this section is void.

“(3.) A Collector of Customs or other officer of Customs may require a person who seeks to export apples or pears from the Commonwealth, on making entry of the apples or pears under the Customs Act 1901-1952 and before the entry has been passed, to satisfy him that the contract for the carriage of the apples or pears is in conformity with conditions approved by the Board, and the Collector or other officer may decline to pass the entry until that person has so satisfied him.”.

Application of moneys paid into Fund.

8.  Section nineteen of the Principal Act is amended by omitting paragraphs (b) and (c) and inserting in their stead the following paragraph:—

“(b) in payment of the salaries, fees, allowances and expenses payable under sections nine to twelve (inclusive) of this Act;”.

Moneys in Fund uninvested may be lodged in bank.

9.  Section twenty of the Principal Act is amended by omitting the words “Commonwealth Bank,” and inserting in their stead the words “Commonwealth Bank of Australia, or with any other prescribed bank,”.