Federal Register of Legislation - Australian Government

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Apple and Pear Export Charge Act 1976

Act No. 197 of 1976 as amended, taking into account amendments up to Act No. 147 of 1981
Registered 18 Nov 2009
Start Date 18 Nov 1981
End Date 22 Sep 1999
Date of repeal 22 Sep 1999
Repealed by Statute Stocktake Act 1999

APPLE AND PEAR EXPORT CHARGE ACT 1976 [Note: This Act is "repealed" by Act No. 118 of 1999]
(#DATE 30:04:1982)

Compilation Information

- Reprinted as at 30 April 1982
*1* The Apple and Pear Export Charge Act 1976 as shown in this reprint comprises Act No. 197, 1976 amended as indicated in the Tables below.

Table of Acts
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Application, saving
Number Date Date of or
transitional Act and year of Assent commencement provisions
----------------------------------------------------------------------------- Apple and Pear
Export Charge Act
1976 197, 1976 20 Dec
1976 1 Jan 1977
Apple and Pear
Export Charge
Amendment Act 1981 147, 1981 21 Oct
1981 18 Nov 1981 S. 2 (2)
----------------------------------------------------------------------------- Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
------------------------------------------------------------------------------ -- Provision affected How affected
------------------------------------------------------------------------------ -- S. 5 . . . . . . . . . am. No. 147, 1981
S. 7 . . . . . . . . . am. No. 147, 1981
S. 9 . . . . . . . . . am. No. 147, 1981
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APPLE AND PEAR EXPORT CHARGE ACT 1976 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS


Section

1. Short title

2. Commencement

3. Repeal

4. Collection Act

5. Interpretation

6. Imposition of charge

7. Rate of charge

8. Exemptions

9. Regulations


SCHEDULE


Acts Repealed


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APPLE AND PEAR EXPORT CHARGE ACT 1976 - LONG TITLE

SECT

An Act to impose a Charge on the Export of Apples and Pears

APPLE AND PEAR EXPORT CHARGE ACT 1976 - SECT. 1.
Short title

SECT

1. This Act may be cited as the Apple and Pear Export Charge Act 1976.*1*


See notes to first article of this CHAPTER.

APPLE AND PEAR EXPORT CHARGE ACT 1976 - SECT. 2.
Commencement

SECT

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


APPLE AND PEAR EXPORT CHARGE ACT 1976 - SECT. 3.
Repeal

SECT

3. (1) The Acts set out in the Schedule are repealed.


(2) Notwithstanding the repeal effected by sub-section (1), the provisions of the Apple and Pear Export Charges Act 1938 continue to apply in respect of apples and pears exported before the commencement of this Act.


APPLE AND PEAR EXPORT CHARGE ACT 1976 - SECT. 4.
Collection Act

SECT

4. The Apple and Pear Export Charge Collection Act 1976 shall be read as one with this Act.


APPLE AND PEAR EXPORT CHARGE ACT 1976 - SECT. 5.
Interpretation

SECT

5. (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;

"fruit" means apples or pears.


(2) In the application of this Act to fruit that is not packed in boxes, the reference in sub-section 7 (2) to a box of fruit shall be read as a reference to 18 kilograms of fruit or, if the fruit is of a variety in respect of which another weight is specified in the regulations for the purposes of this sub-section, that other weight of fruit.


APPLE AND PEAR EXPORT CHARGE ACT 1976 - SECT. 6.
Imposition of charge

SECT

6. (1) Subject to this Act, a charge is imposed on fruit that is exported from Australia after the commencement of this Act and is payable at the rate in force when the goods are exported.


(2) The charge is payable-

(a) if the fruit is exported by or on behalf of the grower of the fruit or is sold by the grower of the fruit for export and is exported-by the grower; and

(b) in any other case-by the person who is the owner of the fruit at the time it is exported.


APPLE AND PEAR EXPORT CHARGE ACT 1976 - SECT. 7.
Rate of charge

SECT

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


(2) The rate of the charge shall not exceed 12 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 charge imposed by this Act.


APPLE AND PEAR EXPORT CHARGE ACT 1976 - SECT. 8.
Exemptions

SECT

8. (1) Charge is not payable in respect of fruit included in a prescribed class of fruit.


(2) Before making regulations for the purposes of sub-section (1), 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 EXPORT CHARGE ACT 1976 - SECT. 9.
Regulations

SECT

9. 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.


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APPLE AND PEAR EXPORT CHARGE ACT 1976 - SCHEDULE

SCH

SCHEDULE
Section 3 (1)
Apple and Pear Export Charges Act 1938
Apple and Pear Export Charges Act 1947
Apple and Pear Export Charges Act 1957
Apple and Pear Export Charges Act 1960
Apple and Pear Export Charges Act 1968
Apple and Pear Export Charges Act 1973

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