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SR 1986 No. 58 Regulations as made
These Regulations amend the Apple and Pear (Conditions of Export) Regulations.
Tabling HistoryDate
Tabled HR29-Apr-1986
Tabled Senate29-Apr-1986
Gazetted 18 Apr 1986
Date of repeal 01 Aug 1988
Repealed by Repeal of the enabling legislation by Australian Horticultural Corporation Act 1987

1986 No. 58*1* APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS*2*
(AMENDMENT)

*1* Notified in the Commonwealth of Australia Gazette on 18 April 1986.

*2* Statutory Rules 1974 No. 151 as amended by 1975 Nos. 5 and 140; 1979 No. 222; 1980 No. 356; 1982 Nos. 113 and 276.

1986 No. 58 APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS (AMENDMENT) -
REG 1

1. After regulation 15 of the Apple and Pear (Conditions of Export) Regulations the following regulation is inserted:

Revocation of licences: export performance
"15AA. (1) In this regulation-
'export', in relation to a licensee, means export from the port or ports specified in that licensee's licence as the port or ports from which that licensee is authorised to export fruit;
'fruit' means apples or pears;
'prescribed quantity of fruit', in relation to a licence authorising a licensee to export fruit from a port or ports in a State or States during a period that includes a year or years, means the total quantity of fruit exported from that port or ports during that year or those years, as the case may be.

"(2) In sub-regulations (10) and (11), 'authorised officer' means an officer of the Corporation authorised in writing by the Corporation to sign a certificate referred to in sub-regulation (10).

"(3) Where-
(a) a licensee who held a licence at any time during 1985 has not exported fruit during 1985; or
(b) a licensee who held a licence at any time during 1984 or 1985 has exported during 1984 and 1985 less than 5% of the prescribed quantity of fruit, the Minister may, on the recommendation of the Corporation, revoke the licence held by the licensee unless-
(c) in respect of a licensee to whom paragraph (a) applies, the licensee was unable to export fruit during 1985 because of circumstances beyond the control of the licensee or for another sufficient reason; or
(d) in respect of a licensee to whom paragraph (b) applies, the licensee was unable, because of circumstances beyond the control of the licensee or for another sufficient reason, to export during 1984 and 1985 at least 5% of the prescribed quantity of fruit.

"(4) Where the Minister proposes to revoke a licence under sub-regulation (3), the Minister shall, by notice in writing given to the licensee, require the licensee to show cause in writing, not later than 21 days after the date of giving that notice, why that licence should not be revoked.

"(5) Where a licensee is, for a sufficient reason, unable to show cause in accordance with a requirement under sub-regulation (4) within the period referred to in that sub-regulation, the Minister may, on being requested to do so by the licensee, extend that period.

"(6) Where the Minister makes a decision under sub-regulation (3) to revoke a licence, the Minister shall, by notice in writing given to the licensee not later than 30 days after the date of the decision, inform the licensee of the making of the decision and of the grounds for the decision.

"(7) A notice referred to in sub-regulation (6) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of a person whose interests are affected by the decision.

"(8) Failure to comply with the requirements of sub-regulation (7) in relation to a decision shall not be taken to affect the validity of the decision.

"(9) A notice under sub-regulation (4) or (6) to a licensee may be sent by pre-paid ordinary post to the licensee at the licensee's address shown on the licensee's licence.

"(10) A certificate signed by an authorised officer setting out, in respect of a licence, the prescribed quantity of fruit exported during any year or years is evidence of the matters set out in the certificate unless the contrary is proved.
"(11) A certificate referred to in sub-regulation (10) that purports to be signed by an authorised officer shall be taken to have been so signed unless the contrary is proved.

"(12) The Minister may, by instrument in writing signed by the Minister, authorise a Senior Executive Service officer occupying an office in the Department to exercise the powers and perform the functions conferred on the Minister by this regulation, and the exercise or performance of a power or function by such an officer shall be deemed to be the exercise or performance of that power or function by the Minister.

"(13) Nothing in sub-regulation (12) prevents the exercise of a power or the performance of a function by the Minister.".

1986 No. 58 APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS (AMENDMENT) -
REG 2
Application for review of decisions

2. Regulation 15A of the Apple and Pear (Conditions of Export) Regulations is amended-
(a) by omitting from paragraph (c) ''and''; and
(b) by adding at the end the following word and paragraph:
''; and (e) a decision by the Minister under sub-regulation 15AA (3)
revoking a licence''.