Federal Register of Legislation - Australian Government

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Act No. 82 of 1971 as amended, taking into account amendments up to Act No. 121 of 1978
Registered 18 Nov 2009
Start Date 04 Oct 1978
End Date 25 Mar 1981
Date of repeal 25 Mar 1981
Repealed by Apple and Pear Stabilization Amendment Act 1981

APPLE AND PEAR STABILIZATION EXPORT DUTY ACT 1971 [Note: This Act is "repealed" by Act No. 15 of 1981]
(#DATE 31:05:1980)

Compilation Information

- Incorporating all amendments by legislation made to 31 May 1980
- Reprinted as at 31 May 1980
*1* The Apple and Pear Stabilization Export Duty Act 1971 (a) as shown in this
reprint comprises Act No. 82, 1971 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------
Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
---------------------------------------------------------------------------- Apple and Pear
Stabilization
Export Duty Act
1971 82, 1971 20 Oct 1971 20 Oct 1971
Apple and Pear
Stabilization
Export Duty
Amendment Act 1976 45, 1976 2 June 1976 2 June 1976 -
Apple and Pear
Stabilization
Export Duty
Amendment Act 1977 18, 1977 14 Apr 1977 14 Apr 1977 -
Apple and Pear
Stabilization
Export Duty
Amendment Act (No.
2) 1977 146, 1977 10 Nov 1977 10 Nov 1977 -
Apple and Pear
Stabilization
Export Duty
Amendment Act 1978 121, 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.

APPLE AND PEAR STABILIZATION EXPORT DUTY ACT 1971 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS


Section

1. Short title

2. Commencement

3. Collection Act to be read as one with this Act

4. Interpretation

5. Act to bind Crown

6. Imposition of export duty

7. Rate of export duty

8. Export duty payable by exporter

9. Exemption

10. Imposition of provisional export duty


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APPLE AND PEAR STABILIZATION EXPORT DUTY ACT 1971 - LONG TITLE

SECT

An Act to impose an Export Duty on the Exportation from Australia of certain Apples and Pears

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

SECT

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


See notes to first article of this Chapter.

APPLE AND PEAR STABILIZATION EXPORT DUTY 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 EXPORT DUTY ACT 1971 - SECT. 3.
Collection Act to be read as one with this Act

SECT

3. The Export Duty Collection Act shall, for the purposes of the interpretation of that Act, be read as one with this Act.


APPLE AND PEAR STABILIZATION EXPORT DUTY ACT 1971 - SECT. 4.
Interpretation

SECT

4. (1) In this Act, unless the contrary intention appears, "export duty" means an amount of the export duty imposed by this Act.


(2) Section 3 of the Apple and Pear Stabilization Act 1971 shall, for the purposes of the interpretation of this Act, be read as one with this Act.


APPLE AND PEAR STABILIZATION EXPORT DUTY ACT 1971 - SECT. 5.
Act to bind Crown

SECT

5. This Act binds the Crown in right of a State.


APPLE AND PEAR STABILIZATION EXPORT DUTY ACT 1971 - SECT. 6.
Imposition of export duty

SECT

6. (1) Where the average export return for a season in respect of a variety of fruit exceeds the support price for that season in respect of that variety, export duty is, subject to this Act, imposed 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.


Inserted by No. 45, 1976, s. 3; amended by No. 18, 1977, s. 3; No. 146, 1977, s. 3; No. 121, 1978, s. 3

SECT

(1A) In the application of sub-section (1) in relation to the season that commenced on 1 October 1975 and in relation to each of the next 4 succeeding seasons, the reference in that sub-section to exportation of fruit on consignment shall be construed as a reference-

(a) in the case of the exportation of apples-to exportation on consignment to a country in Europe (including the United Kingdom of Great Britain and Northern Ireland); or

(b) in the case of the exportation of pears-to exportation on consignment to a country in Europe (including the United Kingdom of Great Britain and Northern Ireland), the United States of America or Canada.


(2) Export duty in respect of fruit shall be calculated separately in respect of the fruit contained in each container.


APPLE AND PEAR STABILIZATION EXPORT DUTY ACT 1971 - SECT. 7.
Rate of export duty

Sub-section (1) amended by No. 45, 1976, s. 4

SECT

7. (1) In this section, "the excess ", in relation to fruit picked during a season, means 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 exceeds the amount per reputed box that constitutes the support price for the season in respect of that variety.


Amended by No. 45, 1976, s. 4

SECT

(2) Subject to sub-sections (2A) and (3), the rate of export duty 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-

(a) where the excess in relation to that fruit is not more than Twenty cents -one-quarter of the excess;

(b) where the excess in relation to that fruit is more than Twenty cents but not more than Forty cents-the sum of Five cents and one-half of the amount by which the excess exceeds Twenty cents;

(c) where the excess in relation to that fruit is more than Forty cents but not more than Sixty cents-the sum of Fifteen cents and three-quarters of the amount by which the excess exceeds Forty cents; or

(d) in any other case-

(i) the sum of Thirty cents and the amount by which the excess in relation to that fruit exceeds Sixty cents; or

(ii) Eighty cents,

whichever is the less.


Inserted by No. 45, 1976, s. 4; amended by No. 18, 1977, s. 4; No. 146, 1977, s. 4; No. 121, 1978, s. 4

SECT

(2A) In relation to apples picked during the season that commenced on 1 October 1975 or during any of the next 4 succeeding seasons, sub-section (2) does not apply but, subject to sub-section (3), the rate of export duty in respect of apples picked during the season concerned is an amount per reputed box, or part of a reputed box, in each container of the apples equal to-

(a) where the excess in relation to those apples is not more than 50 cents-one-quarter of the excess;

(b) where the excess in relation to those apples is more than 50 cents but not more than $1-the sum of 12.5 cents and one-half of the amount by which the excess exceeds 50 cents;

(c) where the excess in relation to those apples is more than $1 but not more than $1.50-the sum of 37.5 cents and three-quarters of the amount by which the excess exceeds $1; or

(d) in any other case-

(i) the sum of 75 cents and the amount by which the excess in relation to those apples exceeds $1.50; or

(ii) $2,

whichever is the less.


Amended by No. 45, 1976, s. 4

SECT

(3) Where a container of fruit contains one-half or three-quarters of a reputed box of the fruit, the export duty 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 export duty that would, but for this sub-section, be applicable in relation to the fruit under this section.


APPLE AND PEAR STABILIZATION EXPORT DUTY ACT 1971 - SECT. 8.
Export duty payable by exporter

SECT

8. Export duty in respect of any fruit is payable by the exporter of the fruit.


APPLE AND PEAR STABILIZATION EXPORT DUTY ACT 1971 - SECT. 9.
Exemption

SECT

9. Export duty imposed by this Act 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.


APPLE AND PEAR STABILIZATION EXPORT DUTY ACT 1971 - SECT. 10.
Imposition of provisional export duty

SECT

10. For the purpose of securing the collection of export duty, a provisional export duty is imposed in accordance with the Export Duty Collection Act.


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