Federal Register of Legislation - Australian Government

Primary content

Apple and Pear Levy Act 1976

Act No. 195 of 1976 as made
An Act to impose a Levy on the Production of certain Apples and Pears
Date of Assent 20 Dec 1976
Date of repeal 22 Sep 1999
Repealed by Statute Stocktake Act 1999
 

APPLE AND PEAR LEVY ACT 1976 No. 195, 1976

APPLE AND PEAR LEVY ACT 1976 No. 195 of 1976 - SECT. 1.
Short title.

APPLE AND PEAR LEVY ACT 1976

No. 195 of 1976

An Act to impose a Levy on the Production of certain Apples and Pears.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:-
1. This Act may be cited as the Apple and Pear Levy Act 1976.*1*

APPLE AND PEAR LEVY ACT 1976 No. 195 of 1976 - SECT. 2.
Commencement.

2. This Act shall come into operation on 1 January 1977.

APPLE AND PEAR LEVY ACT 1976 No. 195 of 1976 - SECT. 3.
Collection Act.

3. The Apple and Pear Levy Collection Act 1976 shall be read as one with this Act.

APPLE AND PEAR LEVY ACT 1976 No. 195 of 1976 - SECT. 4.
Interpretation.

4. (1) In this Act, unless the contrary intention appears-

''Association'' means the association known as the Australian Apple and Pear Growers' Association that was formed at a meeting in Melbourne on 5 and 6 December 1945;

''box'' means-

(a) in relation to apples-a box of a kind ordinarily used for the packing of apples and known as a bushel box; and

(b) in relation to pears-a box of a kind ordinarily used for the packing of pears and known as a bushel box;

''dealer'' means a person (whether a quantity purchaser or not) who carries on a business that, in whole or in part, consists of the selling of fruit on behalf of growers;

''fruit'' means apples or pears;

''fruit juice'' includes cider and perry;

''juicing fruit'' means fruit-

(a) sold by the grower to a quantity purchaser or dealer for use in the production in Australia of fruit juice; or

(b) used by the grower in the production in Australia of fruit juice;

''processing fruit'' means fruit-

(a) sold by the grower to a quantity purchaser or dealer for use in the production in Australia of goods other than fruit juice; or

(b) used by the grower in the production in Australia of goods other than fruit juice;

''retail sale'' means any sale by a grower other than a sale made through, or to, a person who is a dealer or quantity purchaser;

''year'' means a period of 12 months commencing on 1 January.

(2) In the application of this Act to fruit that is not packed in boxes, a reference to a box of fruit shall be read as a reference to-

(a) in the case of apples-18 kilograms of apples or, if the apples are of a variety in respect of which another weight is specified in the regulations for the purposes of this paragraph, that other weight of apples; or

(b) in the case of pears-20 kilograms of pears or, if the pears are of a variety in respect of which another weight is specified in the regulations for the purposes of this paragraph, that other weight of pears.

(3) For the purposes of this Act, a person (whether a dealer or not) is a quantity purchaser at any time if, during the period of 12 months immediately preceding that time, he purchased directly from growers not less than 1,000 boxes of fruit or such other quantity of fruit as is prescribed by regulations in force at that time.

APPLE AND PEAR LEVY ACT 1976 No. 195 of 1976 - SECT. 5.
Imposition of levy.

5. (1) Subject to this Act, a levy is imposed on-

(a) fruit produced in Australia and, on or after 1 January 1977, sold in Australia by the grower; and

(b) fruit produced in Australia and, on or after 1 January 1977, used by the grower in the production in Australia of fruit juice or other goods.

(2) The levy is payable by the grower of the fruit.

APPLE AND PEAR LEVY ACT 1976 No. 195 of 1976 - SECT. 6.
Rate of levy.

6. (1) Subject to sub-section (2), the rate of the levy imposed by this Act is such rate as is prescribed.

(2) The rate of the levy shall not exceed-

(a) in the case of levy on juicing fruit-60 cents per tonne of fruit;

(b) in the case of levy on processing fruit-$1.40 per tonne of fruit; or

(c) in any other case-6 cents per box of fruit.

(3) Before making regulations for the purposes of sub-section (1), the Governor-General shall take into consideration any recommendations made to the Minister by the Association with respect to the rate of the levy.

APPLE AND PEAR LEVY ACT 1976 No. 195 of 1976 - SECT. 7.
Exemptions.

7. (1) Levy is not payable in respect of fruit that, in a year, is sold by the grower by retail sale or used by the grower in the production of fruit juice or other goods, if the total quantity of the fruit so sold and used is not greater than 500 boxes of fruit or such other quantity as is prescribed.

(2) Levy is not payable in respect of fruit exported after the commencement of this Act.

(3) Levy is not payable in respect of pears on which charge is or becomes payable under the Canning-Fruit Charge Act 1959.

(4) Levy is not payable in respect of fruit included in a prescribed class of fruit.

(5) Before making regulations for the purposes of sub-section (4), the Governor-General shall take into consideration any recommendations with respect to the proposed regulations made to the Minister by the Association.

APPLE AND PEAR LEVY ACT 1976 No. 195 of 1976 - SECT. 8.
Regulations.

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

APPLE AND PEAR LEVY ACT 1976 No. 195 of 1976 - NOTE


NOTE
1. Act No. 195, 1976; assented to 20 December 1976.