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Apple and Pear Stabilization Act 1971

Act No. 81 of 1971 as amended, taking into account amendments up to Act No. 120 of 1978
Registered 18 Nov 2009
Start Date 04 Oct 1978
End Date 01 Aug 1988
Date of repeal 01 Aug 1988
Repealed by Australian Horticultural Corporation (Transitional Provisions and Consequential Amendments) Act 1987

APPLE AND PEAR STABILIZATION ACT 1971 [Note: This Act is "repealed" by Act No. 165 of 1987]
(#DATE 31:08:1980)

Compilation Information

- Incorporating all amendments by legislation made to 31 August 1980
- Reprinted as at 31 August 1980
*1* The Apple and Pear Stabilization Act 1971 (a) as shown in this reprint
comprises Act No. 81, 1971 as amended by the other Acts specified in the
following table:
---------------------------------------------------------------------------- Application,
saving
Number Date of Date of or
transitional
Act and year Assent commencement provisions
---------------------------------------------------------------------------- Apple and Pear
Stabilization Act
1971 81, 1971 20 Oct 1971 20 Oct 1971
Apple and Pear
Stabilization Act
1972 106, 1972 31 Oct 1972 31 Oct 1972 -
Apple and Pear
Stabilization Act
1973 195, 1973 17 Dec 1973 1 Sept 1974 (see
Gazette 1974, No.
62C, p. 1) -
Apple and Pear
Stabilization
Amendment Act 1976 44, 1976 2 June 1976 2 June 1976 -
Apple and Pear
Stabilization
Amendment Act 1977 17, 1977 14 Apr 1977 14 Apr 1977(b) S. 9
Apple and Pear
Stabilization
Amendment Act (No.
2) 1977 145, 1977 10 Nov 1977 10 Nov 1977 -
Administrative
Changes
(Consequential
Provisions) Act
1978 36, 1978 12 June 1978 12 June 1978 S. 8
Apple and Pear
Stabilization
Amendment Act 1978 120, 1978 4 Oct 1978 4 Oct 1978 -
---------------------------------------------------------------------------- (a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.

(b) Sub-section 2 (2) of the Apple and Pear Stabilization Amendment Act 1977
provides as follows:

"(2) Paragraph 3 (c), section 5 and paragraphs 7 (a) and (b) shall be
deemed to have come into operation on 2 June 1976. ".

APPLE AND PEAR STABILIZATION ACT 1971 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS


Section

1. Short title

2. Commencement

3. Interpretation

4. Act to bind Crown

5. Seasons to which Act applies

6. Average export return

7. Support price

8. Stabilization funds to be established

9. Moneys to be paid into stabilization funds

10. Stabilization payment

11. Rate of a stabilization payment

12. To whom stabilization payments payable

13. Assignment of a stabilization payment to be void

13A. Advances in respect of stabilization payments

14. Payment of stabilization payments to the Corporation for
distribution

15. Payments to exporter for payment to owner

16. Application of stabilization fund

17. Refund of excess balances in stabilization funds

18. Directions by Minister with respect to overseas price of fruit

19. Power to require furnishing of returns

20. Offences in relation to returns, &c.

21. Offences

22. Access to premises

23. Exporter to keep proper books and accounts, &c.

24. Regulations


THE SCHEDULES


SCHEDULE 1


Stabilization Funds


SCHEDULE 2


Support Prices in Respect of the Season that Commenced on 1 October 1970

APPLE AND PEAR STABILIZATION ACT 1971 - LONG TITLE

SECT

An Act relating to the Stabilization of Returns from the Exportation from Australia of certain Apples and Pears

APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 1.
Short title

SECT

1. This Act may be cited as the Apple and Pear Stabilization Act 1971.*1*


See notes to first article of this Chapter.

APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 2.
Commencement

SECT

2. This Act shall come into operation on the day on which it receives the Royal Assent.*1*


See notes to first article of this Chapter.

APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 3.
Interpretation

Sub-section (1) amended by No. 195, 1973, s. 3; No. 44, 1976, ss. 3 and 7; No. 17, 1977, s. 3

SECT

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

"authorized person" means-

(a) a person appointed by the Minister, by instrument in writing, to be an authorized person for the purposes of the provision in which the expression occurs; or

(b) a person included in a class of persons appointed by the Minister, by instrument in writing, to be authorized persons for the purposes of the provision in which the expression occurs; "average export return ", in relation to a season in respect of a variety of fruit, means the amount per reputed box determined under section 6 to be the average export return for that season in respect of that variety of fruit;

"container ", in relation to fruit, means the receptacle in which the fruit is enclosed on exportation, but does not include a receptacle that contains one or more smaller receptacles;

"Corporation" means the Australian Apple and Pear Corporation established by the Australian Apple and Pear Corporation Act 1973;

"export duty" has the same meaning as in the Export Duty Act;

"exportation" means exportation from Australia, and "exported" has a corresponding meaning;

"exporter ", in relation to fruit that is exported on consignment, means-

(a) where the fruit is so exported by a person on behalf of the owner of the fruit in pursuance of a contract or arrangement under which that person is to receive, on behalf of the owner, the whole or any part of the proceeds of the sale of the fruit-that person; or

(b) in any other case-the owner of the fruit;

"fruit" means apples and pears;

"guaranteed advance contract ", in relation to fruit, means a contract or arrangement between the owner of the fruit and another person under which-

(a) the owner agrees to supply the fruit for sale outside Australia by the other person on commission on behalf of the owner; and

(b) the other person agrees-

(i) to endeavour to sell the fruit in accordance with the contract or arrangement; and

(ii) whether or not he does so sell the fruit and irrespective of the price received on any such sale of the fruit, to pay to the owner an advance payment in respect of the fruit at a rate fixed by the contract or arrangement;

"owner ", in relation to fruit that is exported on consignment, means-

(a) where the fruit is exported in pursuance of a guaranteed advance contract-the person who was the owner of the fruit at the time when that contract was entered into; or

(b) in any other case-the person who is the owner of the fruit at the time of exportation;

"provisional export duty" has the same meaning as in the Export Duty Collection Act;

"reputed box" means-

(a) in relation to apples-18 kilograms; and

(b) in relation to pears-20 kilograms;

"season" means a season to which this Act applies;

"stabilization fund" means a stabilization fund established by section 8;

"stabilization payment" means a stabilization payment under section 10, and, except in sections 10 and 11, includes an advance under section 13A in respect of a stabilization payment;

"support price ", in relation to a season in respect of a variety of fruit, means the amount per reputed box that is the support price for that season in respect of that variety of fruit in accordance with section 7;

"the Audit Act" means the Audit Act 1901-1969;

"the Export Duty Act" means the Apple and Pear Stabilization Export Duty Act 1971;

"the Export Duty Collection Act" means the Apple and Pear Stabilization Export Duty Collection Act 1971.


Amended by No. 44, 1976, s. 7

SECT

(2) For the purposes of this Act-

(a) all varieties of apples to which the words "Other Jonathan varieties" in column 1 of Schedule 1 relate shall be regarded as one variety of that name;

(b) all varieties of apples to which the words "Other apple varieties" in column 1 of Schedule 1 relate shall be regarded as one variety of that name; and

(c) all varieties of pears to which the words "Other pear varieties" in column 1 of Schedule 1 relate shall be regarded as one variety of that name.


(3) For the purposes of this Act-

(a) fruit that has been sold before exportation shall be deemed to have been sold for exportation if, and only if-

(i) the contract of sale requires that the fruit be exported; and

(ii) the contract of sale is not a guaranteed advance contract; and

(b) fruit that has been exported shall be deemed to have been exported on consignment unless, before exportation, the fruit had been sold for exportation and the exportation was in pursuance of the contract of sale.


Amended by No. 44, 1976, s. 7, No. 17, 1977, s. 3

SECT

(4) For the purposes of this Act-

(a) a container that contains not more than five-eighths of a reputed box of fruit shall be deemed to contain one-half of a reputed box of the fruit;

(b) a container that contains more than five-eighths, but not more than seven-eighths, of a reputed box of fruit shall be deemed to contain three-quarters of a reputed box of the fruit; and

(c) a container that contains more than seven-eighths of a reputed box of fruit but not more than one and one-quarter reputed boxes of fruit shall be deemed to contain one reputed box of the fruit.


Sub-section (5) omitted by No. 44, 1976, s. 7
* * * * * * * *

APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 4.
Act to bind Crown

SECT

4. (1) This Act binds the Crown in right of a State.


(2) Nothing in this Act shall be deemed to subject the Crown in right of a State, or any person in the employment of the Crown, to liability to be prosecuted for an offence.


APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 5.
Seasons to which Act applies

Sub-section (1) amended by No. 44, 1976, s. 4; No. 17, 1977, s. 4; No. 145, 1977, s. 3; No. 120, 1978, s. 3

SECT

5. (1) This Act applies in relation to the season that commenced on 1 October 1970 and to each of the next 9 succeeding seasons.


Amended by No. 44, 1976, s. 7

SECT

(2) In this section, "season" means a period of twelve months commencing on 1 October in any year.


APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 6.
Average export return

Sub-section (1) amended by No. 44, 1976, s. 7

SECT

6. (1) As soon as practicable after the end of a season, the Minister shall, by instrument in writing, determine, in accordance with this section, in respect of each variety of fruit, the amount per reputed box that is the average export return for the season in respect of that variety.


Amended by No. 44, 1976, s. 7; No. 17, 1977, s. 5

SECT

(2) The amount per reputed box that is the average export return for a season in respect of a variety of fruit shall be determined by-

(a) ascertaining, in respect of fruit picked during the season that is of that variety, the aggregate of-

(i) where any of the fruit was exported (whether before or after the commencement of this Act) on consignment (other than in pursuance of a guaranteed advance contract) and, after exportation, was sold on behalf of the owner before the end of the season-the proceeds of each such sale;

(ii) where any of the fruit was exported (whether before or after the commencement of this Act) during the season in pursuance of a guaranteed advance contract and, after exportation, was sold before the end of the season in pursuance of that contract-the amount, or the aggregate of the amounts, payable, under each such contract, to the owner of the fruit so sold in respect of that fruit; and

(iii) where any of the fruit was sold (whether before or after the commencement of this Act) for exportation and was, in pursuance of the contract of sale, exported before the end of the season-the proceeds of each such sale;

(b) deducting from the aggregate so ascertained any accountable cost in respect of any fruit referred to in the last preceding paragraph; and

. (c) dividing the resultant amount by a number equal to the number of reputed boxes of the fruit so referred to.


(3) In paragraph (b) of the last preceding sub-section, "accountable cost ", in relation to fruit referred to in paragraph (a) of that sub-section, means any cost, charge or expense (not being provisional export duty or export duty) that, in the opinion of the Minister, was necessarily incurred in respect of the fruit-

(a) by reason of-

(i) any moving or handling on a wharf or other loading area of the fruit after it was brought to the wharf or other loading area for the purpose of being placed on board a ship or other conveyance for exportation;

(ii) any moving, handling or processing of, or any dealing in, the fruit after it was placed on board a ship or other conveyance for exportation; or

(iii) the insuring of the fruit in respect of any period after it was placed on board a ship or other conveyance for exportation,

in the course of exportation and sale as set out in sub-paragraph (i), or in pursuance of a contract referred to in sub-paragraph (ii) or (iii), of paragraph (a) of that sub-section; or

(b) by reason of-

(i) the payment of a commission for services rendered in making arrangements; or

(ii) the making of arrangements,

for the exportation of the fruit as set out in whichever of the sub-paragraphs of paragraph (a) of that sub-section relates to the fruit.


Amended by No. 44, 1976, s. 7

SECT

(4) At any time before the end of a season, the regulations may, for the purposes of sub-section (6), prescribe an amount per reputed box, or a manner of ascertaining an amount per reputed box, that is the minimum price for the season in respect of a specified variety of fruit.


Amended by No. 195, 1973, s. 4

SECT

(5) The Corporation may, at any time before a minimum price for a season in respect of a variety of fruit has been prescribed by regulations under the last preceding sub-section, make a recommendation to the Minister with respect to the minimum price for that season in respect of that variety of fruit and, if such a recommendation is made, the Governor-General shall take it into consideration before making regulations under that sub-section prescribing a minimum price for that season in respect of that variety of fruit.


Amended by No. 44, 1976, s. 7

SECT

(6) Where regulations have been made under sub-section (4) in relation to a season in respect of a variety of fruit, the average export return for the season in respect of that variety shall be determined as if any fruit picked during that season-

(a) that was of that variety;

(b) that was exported on consignment;

(c) that was sold after exportation and before the end of that season and at a time when the regulations were in force; and

(d) the selling price of which when so sold was less than the appropriate minimum price prescribed by, or calculated in accordance with, the regulations,

was sold at a price equal to that minimum price.


Amended by No. 44, 1976, s. 7

SECT

(7) A determination under sub-section (1) shall be published in the Gazette.


APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 7.
Support price

Sub-section (1) amended by No. 44, 1976, s. 7

SECT

7. (1) The support price for the season that commenced on 1 October 1970 in respect of a variety of fruit is the amount per reputed box specified in column 2 of Schedule 2 opposite to the name of the variety in column 1 of that Schedule.


Amended by No. 44, 1976, s. 7

SECT

(2) The support price for a season, other than the season referred to in the last preceding sub-section, in respect of a variety of fruit is such amount per reputed box as is prescribed as the support price for that season in respect of that variety.


APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 8.
Stabilization funds to be established

Sub-section (1) amended by No. 44, 1976, s. 7

SECT

8. (1) Stabilization funds under the names specified in column 2 of Schedule 1 are hereby established.


(2) A stabilization fund is a Trust Account for the purposes of section 62A of the Audit Act.


APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 9.
Moneys to be paid into stabilization funds

Sub-section (1) amended by No. 44, 1976, s. 7

SECT

9. (1) There shall be paid into a stabilization fund out of the Consolidated Revenue Fund, which is appropriated accordingly, amounts equal to the amounts from time to time received by the Commonwealth as export duty or provisional export duty in respect of fruit of the variety the name of which is specified in column 1 of Schedule 1 opposite to the name of the fund in column 2 of that Schedule.


(2) There shall also be paid into a stabilization fund-

(a) moneys paid by any person to the Commonwealth for the purposes of the stabilization fund; and

(b) interest from the investment of moneys standing to the credit of the stabilization fund.


APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 10.
Stabilization payment

SECT

10. (1) Where the average export return for a season in respect of a variety of fruit is less than the support price for that season in respect of that variety, a stabilization payment is, subject to this Act, payable on the exportation (whether before or after the commencement of this Act) on consignment during that season of fruit picked during that season that is of that variety.


(2) A stabilization payment in respect of fruit shall be calculated separately in respect of the fruit contained in each container.


(3) A stabilization payment is not payable in respect of fruit that is not sold after it is exported and before the end of the season in which it is exported.


Added by No. 44, 1976, s. 5; amended by No. 17, 1977, s. 6; No. 145, 1977, s. 4; No. 120, 1978, s. 4

SECT

(4) A stabilization payment is not payable on the exportation of fruit during the season that commenced on 1 October 1975 or during any of the next 4 succeeding seasons unless-

(a) in the case of apples, the fruit is or was exported to a country in Europe (including the United Kingdom of Great Britain and Northern Ireland); or

(b) in the case of pears, the fruit is or was exported to a country in Europe (including the United Kingdom of Great Britain and Northern Ireland), the United States of America or Canada.


APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 11.
Rate of a stabilization payment

Sub-section (1) amended by No. 44, 1976, s. 7

SECT

11. (1) Subject to this section, the rate of a stabilization payment in respect of fruit picked during a season is an amount per reputed box, or part of a reputed box, in each container of the fruit equal to the amount by which the amount per reputed box that constitutes the average export return for the season in respect of the variety of fruit in which the fruit is included is less than the amount per reputed box that constitutes the support price for the season in respect of that variety.


Amended by No. 106, 1972, s. 3; No. 44, 1976, ss. 6 and 7; No. 17, 1977, s. 7; No. 120, 1978, s. 5

SECT

(2) The rate of a stabilization payment, not being a stabilization payment in respect of fruit picked during a season referred to in sub-section (2A), (2B), (2C), (2D) or (2E), shall not exceed an amount per reputed box, or part of a reputed box, in each container of fruit equal to-

(a) 80 cents; or

(b) a number of cents equal to the product of 80 and 4,400,000 divided by a number equal to the number of reputed boxes of fruit picked during the season concerned that-

(i) is exported (whether before or after the commencement of this Act) on consignment during that season; and

(ii) is sold after exportation and before the end of that season,

whichever is the lesser amount.


Inserted by No. 106, 1972, s. 3; amended by No. 44, 1976, s. 7; No. 17, 1977, s. 7

SECT

(2A) The rate of a stabilization payment in respect of fruit picked during the season that commenced on 1 October 1971, shall not exceed an amount per reputed box, or part of a reputed box, in each container of fruit equal to-

(a) 80 cents; or

(b) a number of cents equal to the product of 80 and 4,900,000 divided by a number equal to the number of reputed boxes of fruit picked during that season that-

(i) is exported on consignment during that season; and

(ii) is sold after exportation and before the end of that season,

whichever is the lesser amount.


Inserted by No. 44, 1976, s. 6; amended by No. 17, 1977, s. 7; No. 145, 1977, s. 5

SECT

(2B) The rate of a stabilization payment in respect of apples picked during the season that commenced on 1 October 1975 or during either of the next 2 succeeding seasons shall not exceed an amount per reputed box, or part of a reputed box, in each container of apples equal to-

(a) $2; or

(b) a number of dollars equal to the product of 2 and 2,000,000 divided by a number equal to the number of reputed boxes of apples picked during the season concerned and-

(i) exported on consignment to a country in Europe (including the United Kingdom of Great Britain and Northern Ireland) during that season; and

(ii) sold after exportation and before the end of that season,

whichever is the lesser amount.


Inserted by No. 44, 1976, s. 6; amended by No. 17, 1977, s. 7; No. 145, 1977, s. 5

SECT

(2C) The rate of a stabilization payment in respect of pears picked during the season that commenced on 1 October 1975 or during either of the next 2 succeeding seasons shall not exceed an amount per reputed box, or part of a reputed box, in each container of pears equal to-

(a) 80 cents; or

(b) a number of cents equal to the product of 80 and 1,400,000 divided by a number equal to the number of reputed boxes of pears picked during the season concerned and-

(i) exported on consignment to a country in Europe (including the United Kingdom of Great Britain and Northern Ireland), the United States of America or Canada during that season; and

(ii) sold after exportation and before the end of that season,

whichever is the lesser amount.


Inserted by No. 120, 1978, s. 5

SECT

(2D) The rate of a stabilization payment in respect of apples picked during the season that commenced on 1 October 1978 or during the next succeeding season shall not exceed an amount per reputed box, or part of a reputed box, in each container of apples equal to-

(a) $2.20; or

(b) a number of cents equal to the product of 220 and 1,500,000 divided by a number equal to the number of reputed boxes of apples picked during the season concerned and-

(i) exported on consignment to a country in Europe (including the United Kingdom of Great Britain and Northern Ireland) during that season; and

(ii) sold after exportation and before the end of that season,

whichever is the lesser amount.


Inserted by No. 120, 1978, s. 5

SECT

(2E) The rate of a stabilization payment in respect of pears picked during the season that commenced on 1 October 1978 or during the next succeeding season shall not exceed an amount per reputed box, or part of a reputed box, in each container of pears equal to-

(a) 80 cents; or

(b) a number of cents equal to the product of 80 and 1,000,000 divided by a number equal to the number of reputed boxes of pears picked during the season concerned and-

(i) exported on consignment to a country in Europe (including the United Kingdom of Great Britain and Northern Ireland), the United States of America or Canada during that season; and

(ii) sold after exportation and before the end of that season,

whichever is the lesser amount.


Amended by No. 44, 1976, s. 7

SECT

(3) Where a container of fruit contains one-half or three-quarters of a reputed box of the fruit, the stabilization payment in respect of that fruit is an amount equal to one-half or three-quarters, as the case may be, of the amount forming part of the rate of stabilization payment that would, but for this sub-section, be applicable in relation to the fruit under this section.


APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 12.
To whom stabilization payments payable

SECT

12. A stabilization payment in respect of fruit is payable to the owner of the fruit.


APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 13.
Assignment of a stabilization payment to be void

SECT

13. An assignment of a stabilization payment is void as against the Commonwealth.


APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 13A.
Advances in respect of stabilization payments

Inserted by No. 17, 1977, s. 8

SECT

13A. (1) The Minister may, in his discretion, authorize the payment of advances in respect of stabilization payments.


(2) The payment of an advance under this section shall be on such terms and conditions as are approved by the Minister.


Amended by No. 36, 1978, s. 3

SECT

(3) Where-

(a) a person has received an amount by way of an advance or advances under this section in respect of a stabilization payment; and

(b) the stabilization payment does not become payable or the amount of the stabilization payment is less than the amount so received,

the person is liable to repay to the Commonwealth, upon demand being made by the Minister for Finance, the amount so received or so much of that amount as exceeds the amount of the stabilization payment, as the case may be.


(4) An amount payable by a person to the Commonwealth under sub-section (3) is recoverable by the Commonwealth from the person in a court of competent jurisdiction as a debt due to the Commonwealth.


APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 14.
Payment of stabilization payments to the Corporation for distribution

Sub-section (1) amended by No. 195, 1973, s. 5

SECT

14. (1) The Minister may, on behalf of the Commonwealth, enter into an arrangement with the Corporation to perform the function of making stabilization payments on behalf of the Commonwealth and, while such an arrangement is in force, the Corporation may do all things that are necessary or convenient to be done by it in pursuance of the arrangement.


Amended by No. 195, 1973, s. 5

SECT

(2) Without prejudice to the generality of the last preceding sub-section, an arrangement under that sub-section may provide for-

(a) the keeping by the Corporation of accounts and records in relation to stabilization payments received and distributed by the Corporation;

(b) the inspection and audit of the accounts and records referred to in the last preceding paragraph; and

(c) the furnishing by the Corporation to the Minister of information with respect to anything done by the Corporation in pursuance of the arrangement.


Amended by No. 195, 1973, s. 5

SECT

(3) A stabilization payment to which an arrangement under this section relates may be paid to the Corporation for distribution in accordance with the arrangement.


Amended by No. 195, 1973, s. 5

SECT

(4) The Audit Act does not apply in relation to amounts of stabilization payments in the hands of the Corporation.


Amended by No. 195, 1973, s. 5

SECT

(5) Money paid to the Corporation under this section shall, until it is distributed in accordance with the arrangement under which it is paid, be deemed to be money held in trust for the Commonwealth.


APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 15.
Payments to exporter for payment to owner

Sub-section (1) amended by No. 195, 1973, s. 6

SECT

15. (1) For the purpose of making stabilization payments in respect of fruit that was exported by the exporter on behalf of the owners of the fruit, the Commonwealth or the Corporation may arrange for the exporter to pay, as agent of the Commonwealth or of the Corporation, as the case may be, to each of those owners the stabilization payment payable to that owner, and payment may be made by the Commonwealth or by the Corporation, as the case may be, to the exporter in accordance with the arrangement.


(2) The Audit Act does not apply in relation to amounts of stabilization payments in the hands of an exporter referred to in the last preceding sub-section.


(3) Money paid to an exporter under this section shall, until it is distributed in accordance with the arrangement under which it is paid, be deemed to be money held in trust for the Commonwealth.


Amended by No. 195, 1973, s. 6; No. 44, 1976, s. 7

SECT

(4) Notwithstanding section 13, where-

(a) an arrangement has been made between the Commonwealth or the Corporation and an exporter in accordance with sub-section (1);

(b) moneys are paid by the Commonwealth or by the Corporation, as the case may be, to the exporter as a stabilization payment that is payable to the owner of any fruit; and

(c) the owner is indebted to the exporter by reason of a loan or advance made to the owner by the exporter and the owner has authorized the exporter to retain moneys payable by the exporter to the owner in respect of that fruit in or towards the discharge of that indebtedness,

the exporter may apply the whole or a part of the moneys so paid by the Commonwealth or by the Corporation, as the case may be, to the exporter in or towards the discharge of that indebtedness and, where the exporter so applies an amount, the amount so applied shall, for the purposes of this Act, be deemed to have been received by the owner from the exporter as a stabilization payment in respect of the fruit concerned.


APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 16.
Application of stabilization fund

Sub-section (1) amended by No. 44, 1976, s. 7

SECT

16. (1) Moneys standing to the credit of a stabilization fund may be expended-

(a) in making a payment under section 5 or section 15 of the Export Duty Collection Act; and

(6) in making a stabilization payment,

in respect of fruit of the variety the name of which is specified in column 1 of Schedule 1 opposite to the name of the fund in column 2 of that Schedule.


(2) In the event of the amount standing to the credit of a stabilization fund being at any time insufficient to meet a stabilization payment out of the fund, or in the event of there being no amount standing to the credit of a stabilization fund out of which it is proposed to make a stabilization payment, there shall be paid into the fund out of the Consolidated Revenue Fund, which is appropriated accordingly, the amount necessary to enable the payment to be made.


APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 17.
Refund of excess balances in stabilization funds

Sub-section (1) amended by No. 44, 1976, s. 7

SECT

17. (1) For the purposes of this section, "the maximum amount ", in relation to a stabilization fund, means the amount specified in column 3 of Schedule 1 opposite to the name of the fund in column 2 of that Schedule.


Amended by No. 44, 1976, s. 7

SECT

(2) Subject to sub-section (9), if the moneys standing to the credit of a stabilization fund at any time exceed the maximum amount, an amount equal to the excess shall be paid out of the fund by the Minister in accordance with this section.


Amended by No. 44, 1976, s. 7

SECT

(3) Subject to sub-section (10), after the expiration of a period of three months from the end of the last season in relation to which this Act applies, and after the making, in respect of a stabilization fund, of all payments into the fund and of all payments out of the fund apart from this sub-section, any moneys standing to the credit of the fund shall be paid out of the fund by the Minister in accordance with this section.


(4) The payments out of a stabilization fund under the preceding provisions of this section shall be made by way of-

(a) repayment to the Consolidated Revenue Fund, so far as the amounts so payable out of the stabilization fund permit, of any moneys paid into the stabilization fund under sub-section (2) of the last preceding section; and

(b) subject to the last preceding paragraph, the making of refunds of export duty to the persons who have paid export duty in respect of which moneys have been paid into the stabilization fund, but so that-

(i) refunds of export duty paid in respect of fruit picked during a season shall not be made before export duty paid in respect of fruit picked before the commencement of that season in respect of which moneys have been paid into the stabilization fund has been fully refunded; and

(ii) the making of the refunds does not discriminate between States or parts of States or give preference to one State or any part thereof over another State or any part thereof.


(5) For the purposes of this section, where an exporter has recovered from a person, or been recouped by a person in respect of, export duty paid by the exporter, that person shall be deemed to have paid that export duty.


(6) For the purposes of this section, a person who has paid export duty in respect of fruit shall be deemed to have also paid as export duty in respect of that fruit such portion as the Minister thinks just of any money credited to the relevant stabilization fund as income from investments.


(7) An amount payable to a person under this section shall be deemed to be duly paid if it is paid in a manner in which it could lawfully be paid if it were a stabilization payment due to that person under this Act.


(8) For the purposes of this section, a stabilization payment in respect of fruit picked during a season shall not be taken to be a refund of any export duty paid in respect of fruit picked before the commencement of that season.


Amended by No. 44, 1976, s. 7

SECT

(9) The Minister is not obliged to make payments under sub-section (2) out of a stabilization fund by way of refund of export duty paid in respect of fruit picked during a season if the payments will not be sufficient to refund in full, or to complete the refund in full of, the export duty paid in respect of fruit picked during that season in respect of which moneys have been paid into the stabilization fund.


Amended by No. 44, 1976, s. 7

SECT

(10) The Minister is not obliged to make payments under subsection (3) out of a stabilization fund by way of refund of export duty if, before the expiration of the period referred to in that sub-section, a scheme for the stabilization of returns from the exportation of fruit picked after the end of the last season to which this Act applies is under consideration by the Commonwealth and representatives of the apple and pear industry and that scheme requires, or may require, the carrying forward of the moneys in the stabilization fund.


APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 18.
Directions by Minister with respect to overseas price of fruit

Amended by No. 195, 1973, s. 7

SECT

18. Where regulations in force under the Australian Apple and Pear Corporation Act 1973 authorize the Corporation, or a person authorized by the Corporation, to determine the price at which fruit may be sold overseas, the Corporation-

(a) shall comply with any direction of the Minister with respect to the making of any such determination in respect of fruit picked during a season; and

(b) if such a determination is made, shall, except as otherwise approved by the Minister, take all action that the Corporation can lawfully take with a view to ensuring that fruit to which the determination relates is not sold for exportation at a price less than the price applicable under the determination.


APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 19.
Power to require furnishing of returns

SECT

19. An authorized person may, by notice in writing, require a person to furnish to him, within the time specified in the notice, such return or information in relation to matters relevant to the operation of this Act as is specified in the notice, including a return or information verified by statutory declaration.


APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 20.
Offences in relation to returns, &c.

Amended by No. 44, 1976, s. 7

SECT

20. A person shall not fail or neglect duly to furnish a return or information that he is required under this Act or the regulations to furnish.


Penalty: $200.


APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 21.
Offences

Sub-section (1) amended by No. 44, 1976, s. 7

SECT

21. (1) A person shall not-

(a) obtain a stabilization payment that is not payable;

(b) obtain payment of a stabilization payment to himself or to another person by means of a statement that is false or misleading in a material particular; or

(c) in connexion with this Act, present to a person doing duty or performing functions in relation to this Act or the regulations an account, book or document, or make or furnish to such a person a statement or return, that is false or misleading in a material particular.


Penalty: $1,000 or imprisonment for twelve months.


(2) Where a person is convicted under the last preceding sub-section, the court may, in addition to imposing a penalty under that sub-section, order the person to refund to the Commonwealth the amount of any stabilization payment paid to him or to any other person as a result of the offence.


(3) Where a court has made an order under the last preceding sub-section, a certificate under the hand of the clerk or other appropriate officer of the court specifying the amount ordered to be refunded and the person by whom the amount is payable may be filed in a court having civil jurisdiction to the extent of that amount and is thereupon enforceable in all respects as a final judgement of that court.


APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 22.
Access to premises

SECT

22. (1) An authorized person may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the functions of an authorized person under this section.


(2) Where an authorized person has reason to believe that books, documents or papers relating to the exportation, the sale for exportation or the sale after exportation of fruit picked during a season are on premises, the authorized person may make application to a Justice of the Peace for a warrant authorizing the authorized person to enter the premises for the purpose of exercising the functions of an authorized person under this section.


(3) If, on an application under the last preceding sub-section, the Justice of the Peace is satisfied, by information on oath-

(a) that there is reasonable ground for believing that there are on the premises to which the application relates any books, documents or papers relating to the exportation, the sale for exportation or the sale after exportation of fruit picked during a season; and

(b) that the issue of the warrant is reasonably required for the purposes of this Act,

the Justice of the Peace may grant a warrant, in accordance with the prescribed form, authorizing the authorized person, with such assistance as he thinks necessary, to enter the premises, during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of exercising the functions of an authorized person under this section.


Amended by No. 44, 1976, s. 7

SECT

(4) Where an authorized person has entered any premises in pursuance of sub-section (1) or in pursuance of a warrant granted under sub-section (3), he may exercise the functions of an authorized person under this section.


Amended by No. 44, 1976, s. 7

SECT

(5) A person shall not, without reasonable excuse, obstruct or hinder an authorized person acting in pursuance of a warrant granted under sub-section (3) or in pursuance of the last preceding sub-section.


Penalty: $200.


(6) The functions of an authorized person under this section are to search for, inspect, take extracts from and make copies of any books, documents or papers relating to the exportation, the sale for exportation or the sale after exportation of fruit picked during a season.


(7) In this section, "occupier ", in relation to premises, includes the person in charge of the premises.


APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 23.
Exporter to keep proper books and accounts, &c.

Sub-section (1) amended by No. 44, 1976, s. 7

SECT

23. (1) An exporter of fruit shall-

(a) maintain, in respect of each season, proper books and accounts in respect of his operations, receipts and expenditure in relation to the exportation of fruit picked during that season, and enter promptly in those books and accounts full and correct particulars of all such operations, receipts and expenditure;

(b) retain those books and accounts for a period of three years after the end of the season; and

(c) upon demand by an authorized person at any time during the season or within the period of three years referred to in the last preceding paragraph, produce to the authorized person all or any of those books or accounts.


Penalty: $200.


(2) A prosecution for an offence against paragraph (a) of the last preceding sub-section may be commenced at any time within three years after the commission of the offence.


APPLE AND PEAR STABILIZATION ACT 1971 - SECT. 24.
Regulations

Amended by No. 44, 1976, s. 7

SECT

24. 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 and, in particular-

(a) requiring exporters of fruit to furnish, to such persons as are prescribed, returns or information relating to that fruit;

(b) providing that a stabilization payment is not to be payable, or that payment of a stabilization payment may be withheld, where a provision of the regulations has not been complied with; and

(c) prescribing penalties, not exceeding a fine of $200, for offences against the regulations.


-----------

APPLE AND PEAR STABILIZATION ACT 1971 - SCHEDULES

SCH

THE SCHEDULES

Heading to Schedule 1 (formerly First Schedule) substituted by No. 44, 1976, s. 7

SCH

SCHEDULE 1
Sections 3, 8, 9, 16 and 17
STABILIZATION FUNDS
------------------------------------------------------------------------------ -- Column 1 Column 2 Column 3
Maximum Name of variety Name of stabilization fund amount ------------------------------------------------------------------------------ --
$ Apples-
Granny Smith . . . . . Granny Smith Stabilization Fund . . . . . 1,750,000 Red Delicious . . . . Red Delicious Stabilization Fund . . . . . 4,000 Golden Delicious . . . Golden Delicious Stabilization Fund . . . 150,000 Crofton . . . . . . . Crofton Stabilization Fund . . . . . . . . 200,000 Coxs Orange Pippin . . Coxs Orange Pippin Stabilization Fund . . 100,000 Geeveston Fanny . . . Geeveston Fanny Stabilization Fund . . . . 90,000 Scarlet Pearmain . . . Scarlet Pearmain Stabilization Fund . . . 30,000 Tasmans Pride . . . . Tasmans Pride Stabilization Fund . . . . . 60,000 Democrat . . . . . . . Democrat Stabilization Fund . . . . . . . 850,000 Legana . . . . . . . . Legana Stabilization Fund . . . . . . . . 20,000 Cleopatra . . . . . . Cleopatra Stabilization Fund . . . . . . . 250,000 Delicious . . . . . . Delicious Stabilization Fund . . . . . . . 7,000 Yates . . . . . . . . Yates Stabilization Fund . . . . . . . . . 45,000 Rome Beauty . . . . . Rome Beauty Stabilization Fund . . . . . . 85,000 Sturmer . . . . . . . Sturmer Stabilization Fund . . . . . . . . 1,000,000 Jonathan-
Red Jonathan . . . . Red Jonathan Stabilization Fund . . . . . 75,000 Other Jonathan
varieties . . . . . . . Other Jonathan Varieties Stabilization
Fund . . . . . . . . . . . . . . . . . . . 1,000,000 Other apple varieties Other Apple Varieties Stabilization Fund . 125,000
Pears-
Packhams Triumph . . . Packhams Triumph Stabilization Fund . . . 475,000 Beurre Bosc . . . . . Beurre Bosc Stabilization Fund . . . . . . 95,000 Josephine . . . . . . Josephine Stabilization Fund . . . . . . . 120,000 Winter Nelis . . . . . Winter Nelis Stabilization Fund . . . . . 65,000 Other pear varieties . Other Pear Varieties Stabilization Fund . 200,000 ------------------------------------------------------------------------------ -- ----------

APPLE AND PEAR STABILIZATION ACT 1971 - SCHEDULE 2

Heading to Schedule 2 (formerly Second Schedule) substituted by No. 44, 1976, s. 7

SCH


SCHEDULE 2
Section 7
SUPPORT PRICES IN RESPECT OF THE SEASON THAT COMMENCED ON
1 OCTOBER 1970
------------------------------------------------------------------------------ --
Column 1 Column 2 Name of variety Support price ------------------------------------------------------------------------------ --
$ per reputed
bushel Apples-
Granny Smith . . . . . . . . . . . . . . . . . . . . . . . . . 3.33 Red Delicious . . . . . . . . . . . . . . . . . . . . . . . . 3.30 Golden Delicious . . . . . . . . . . . . . . . . . . . . . . . 2.90 Crofton . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.90 Coxs Orange Pippin . . . . . . . . . . . . . . . . . . . . . . 2.84 Geeveston Fanny . . . . . . . . . . . . . . . . . . . . . . . 2.73 Scarlet Pearmain . . . . . . . . . . . . . . . . . . . . . . . 2.60 Tasmans Pride . . . . . . . . . . . . . . . . . . . . . . . . 2.60 Democrat . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.70 Legana . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.75 Cleopatra . . . . . . . . . . . . . . . . . . . . . . . . . . 2.75 Delicious . . . . . . . . . . . . . . . . . . . . . . . . . . 2.68 Yates . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.68 Rome Beauty . . . . . . . . . . . . . . . . . . . . . . . . . 2.65 Sturmer . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.55 Jonathan-
Red Jonathan . . . . . . . . . . . . . . . . . . . . . . . . 2.58 Other Jonathan varieties . . . . . . . . . . . . . . . . . . 2.50 Other apple varieties . . . . . . . . . . . . . . . . . . . . 2.55 Pears-
Packhams Triumph . . . . . . . . . . . . . . . . . . . . . . . 3.40 Beurre Bosc . . . . . . . . . . . . . . . . . . . . . . . . . 3.00 Josephine . . . . . . . . . . . . . . . . . . . . . . . . . . 2.63 Winter Nelis . . . . . . . . . . . . . . . . . . . . . . . . . 2.60 Other pear varieties . . . . . . . . . . . . . . . . . . . . . 2.55 ------------------------------------------------------------------------------ --
------------------------------------------------------------------------------ --