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SR 1986 No. 219 Regulations as made
These Regulations amend the Apple and Pear (Conditions of Export) Regulations.
Tabling HistoryDate
Tabled HR16-Sep-1986
Tabled Senate16-Sep-1986
Gazetted 29 Aug 1986
Date of repeal 01 Aug 1988
Repealed by Repeal of the enabling legislation by Australian Horticultural Corporation Act 1987

1986 No. 219*1* APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS*2*
(AMENDMENT)

*1* Notified in the Commonwealth of Australia Gazette on 29 August 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.

1986 No. 219 APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS (AMENDMENT) -
REG 1
Principal Regulations

1. The Apple and Pear (Conditions of Export) Regulations are in these Regulations referred to as the Principal Regulations.

1986 No. 219 APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS (AMENDMENT) -
REG 2
Interpretation

2. Regulation 2 of the Principal Regulations is amended-
(a) by inserting after the definition of "Act" the following definition:
" 'apples' does not include apple products;"; and
(b) by inserting after the definition of "licensee" the following definition:
" 'pears' does not include pear products;".

1986 No. 219 APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS (AMENDMENT) -
REG 3

3. Regulations 5 and 6 of the Principal Regulations are repealed and the following regulations substituted:

Applications for licences
"5. (1) A person may apply in writing to the Corporation for the grant to that person of a licence valid for a period determined by the Corporation, being a period commencing on or after 20 January 1987, to export apples or pears from Australia.

"(2) An application under sub-regulation (1) for the grant of a licence valid for a period commencing on or after 20 January 1987 but before 1 January 1988 may be lodged with the Corporation before 1 September 1986 or, with the consent of the Corporation, at any other time.

"(3) An application under sub-regulation (1) for the grant of a licence valid for a period commencing on or after 1 January in a calendar year after 1987 may be lodged with the Corporation before 1 September in the year immediately preceding that calendar year or, with the consent of the Corporation, at any other time.

"(4) An application for the grant of a licence shall set out particulars of the circumstances to which the Corporation is required by sub-regulation (5) to have regard in deciding whether to grant the licence.

"(5) In deciding whether to grant a licence, the Corporation shall have regard to the following circumstances:
(a) the soundness of the financial position of the applicant for the licence;
(b) the integrity of the applicant including the applicant's reputation in the apple and pear industry for reliability in business dealings;
(c) the knowledge, skill and experience of the applicant, or of the applicant's managerial employees who direct the applicant's export business, in the export of fresh fruit and vegetables;
(d) the adequacy of the packing and cool storage arrangements available to the applicant to satisfy the requirements of importers in countries to which apples or pears are exported in relation to consistency in the quality, colour and size of apples or pears exported;
(e) the ability of the applicant to comply with the conditions referred to in paragraph 4 (c);
(f) the commitment on the part of the applicant to participate with other traders or apple and pear industry organisations in activities, including Corporation-sponsored export co-ordination activities, to further the interests of the apple and pear industry;
(g) the number of licences appropriate for the effective co-ordination of the export of apples or pears from the State to which the application refers;
(h) the written views, if any, of the Australian Apple and Pear Growers' Association on the application;
(j) any other circumstances relevant to the export of apples or pears from
Australia.

"(6) The Corporation shall consider each application for a licence and grant or refuse the licence.

"(7) Where the Corporation grants a licence, the port or ports from and to which the licensee is authorised to export apples or pears shall be specified in the licence.

"(8) In respect of an application for the grant of a licence lodged with the Corporation before 1 September in a calendar year, the Corporation shall, if practicable, grant or refuse to grant the licence not later than 31 October in that year.

"(9) Where in relation to a licence there is a material change in any of the circumstances to which the Corporation was required by sub-regulation (5) to have regard in deciding whether to grant the licence, the licensee shall give notice of that change in writing to the Corporation within 7 days after that change.

Refusal of application for a licence
"5A. (1) Where the Corporation decides under regulation 5 to refuse to grant a licence, the Corporation shall inform the applicant for the licence of the decision, and of the reasons for the decision, by notice in writing given to the applicant not later than 30 days after the date of the decision.

"(2) A notice under sub-regulation (1) of a decision of the Corporation 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 by or on behalf of a person whose interests are affected by the decision for review of the decision.

"(3) Failure to comply with the requirements of sub-regulation (2) in relation to a decision shall not be taken to affect the validity of the decision.

"(4) A notice under sub-regulation (1) may be sent by pre-paid ordinary post to the applicant at the applicant's address shown on the application.

Licence fee
"6. (1) The Corporation shall charge each person to whom a licence has been granted under sub-regulation 5 (6) a fee of $500 for services rendered by the Corporation for each review of the export performance of that person.

"(2) A fee referred to in sub-regulation (1) shall be charged on completion of the review for which it is charged.".

1986 No. 219 APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS (AMENDMENT) -
REG 4
Permits

4. Regulation 7 of the Principal Regulations is amended-
(a) by inserting before sub-regulation (1) the following sub-regulation:

"(1A) The Corporation may grant to a licensee a permit to export apples
or pears from Australia.";
(b) by omitting from sub-regulation (2) "The Corporation" and substituting "Subject to sub-regulation (3), the Corporation"; and
(c) by adding at the end the following sub-regulation:

"(3) Where under sub-regulation 15A (2) the Corporation has informed a
licensee that it proposes to revoke the licensee's licence because of a material change in a circumstance referred to in paragraph 5 (5) (a) or (b), the Corporation may refuse to grant a permit to the licensee for the export of apples or pears until either the Corporation or the Administrative Appeals Tribunal decides that the licence should not be revoked as so proposed.".

1986 No. 219 APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS (AMENDMENT) -
REG 5

5. After regulation 7 of the Principal Regulations, the following regulation is inserted:

Refusal of application for a permit
"7A. (1) Where the Corporation decides under regulation 7 to refuse to grant a permit, the Corporation shall inform the applicant for the permit of the decision, and of the reasons for the decision, by notice in writing given to the applicant not later than 30 days after the date of the decision.

"(2) A notice under sub-regulation (1) of a decision of the Corporation 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 by or on behalf of a person whose interests are affected by the decision for review of the decision.

"(3) Failure to comply with the requirements of sub-regulation (2) in relation to a decision shall not be taken to affect the validity of the decision.

"(4) A notice under sub-regulation (1) may be sent by pre-paid ordinary post to the applicant at the applicant's address shown on the application.".

1986 No. 219 APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS (AMENDMENT) -
REG 6
Prohibition against export of apples or pears except on compliance with
conditions

6. Regulation 9 of the Principal Regulations is amended by omitting sub-regulation (3).

1986 No. 219 APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS (AMENDMENT) -
REG 7
Determinations by the Corporation

7. Regulation 12 of the Principal Regulations is repealed and the following regulation substituted:

Exports only to specified persons in a country
"12. Where, having regard to the circumstances of the market for apples or pears in a country outside Australia, the Corporation declares by notice published in the Gazette that it is appropriate for apples and pears to be exported only to persons in that country who are approved by the Corporation, the export of apples or pears to that country is prohibited unless the importer in that country of the apples or pears, or the person to whom the apples or pears are consigned as an agent or representative of the purchaser or importer in that country of the apples or pears, has been approved for the purposes of this regulation by the Corporation by notice published in the Gazette setting out the name and address of the importer, agent or representative.".

1986 No. 219 APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS (AMENDMENT) -
REG 8

8. Regulation 14 of the Principal Regulations is amended by inserting before paragraph (a) the following paragraph:
"(aa) the quality, colour or size characteristics with which apples or pears, or a variety of apples or pears, to be exported shall comply;".

1986 No. 219 APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS (AMENDMENT) -
REG 9

9. Regulations 15, 15AA and 15A of the Principal Regulations are repealed and the following regulations substituted:

Revocation of licences
"15. (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 during a period, means the total quantity of fruit exported from that port or those ports during that period.

"(2) For the purposes of sub-regulations (4) and (5), each of the following is a prescribed reason:
(a) inadequate availability of export quality fruit for export through the port or ports specified in the licensee's licence;
(b) inadequate transport for the licensee's export requirements;
(c) industrial action affecting the export of fruit by the licensee;
(d) substantial reduction in, or closure of, an export market; or
(e) any other circumstance beyond the control of the licensee.

"(3) Where in relation to a licence-
(a) there is a material change in any of the circumstances to which the Corporation was required by sub-regulation 5 (5) to have regard in deciding whether to grant the licence;
(b) the Corporation decides that it would not have granted the licence if it had known more adequately any circumstances to which under sub-regulation 5 (5) it had regard in deciding to grant the licence;
(c) the licensee fails to participate with other persons in a substantial activity, including a Corporation-sponsored export co-ordination activity, to further the interests of the apple and pear industry;
(d) the licensee fails to comply with a provision, of or under the Act or these Regulations, subject to which the licence was granted; or
(e) the licensee fails to pay within 28 days a fee charged under regulation 6, the Corporation may revoke the licence.

"(4) Where a licensee who held a licence to export fruit from Australia during the period commencing on 1 January in a year and ending on 31 August in that year has neither-
(a) exported fruit; nor
(b) made on or before that 31 August arrangements in writing to export fruit, during that period pursuant to that licence, the Corporation may, after that period, revoke the licence unless the licensee was unable for a prescribed reason either-
(c) to export fruit; or
(d) to make on or before that 31 August arrangements in writing to export fruit, during that period pursuant to the licence.

"(5) Where a licensee who held a licence, or successive licences, to export fruit from Australia during the whole of the period commencing on 1 January in a year and ending on 31 August in the immediately succeeding year has not exported, or made on or before that 31 August arrangements in writing to export, during that period at least 5% of the prescribed quantity of fruit pursuant to the licence, the Corporation may, after that period, revoke the licence, or the later or latest of those licences, as the case requires, unless the licensee was unable for a prescribed reason to export, or make on or before that 31 August arrangements in writing to export, during that period at least 5% of the prescribed quantity of fruit pursuant to the licence.

"(6) In deciding whether to revoke a licence under sub-regulation (5) because the licensee exported less than 5% of the prescribed quantity of fruit during a period, the Corporation may have regard to the level of return received or to be received by the licensee for fruit exported during that period.

Procedure for revocation of licences
"15A. (1) In sub-regulations (8) and (9), 'authorised officer' means an officer of the Corporation authorised in writing by the Corporation to sign a certificate referred to in sub-regulation (8).

"(2) Where the Corporation proposes to revoke a licence under regulation 15, the Corporation shall, by notice in writing given to the licensee, inform the licensee of that proposal and of the reasons for that proposal and shall require the licensee to show cause in writing, not later than 21 days after the date of giving that notice, why the licence should not be revoked.

"(3) Where a licensee is, for a sufficient reason, unable to show cause in accordance with a requirement under sub-regulation (2) within the period referred to in that sub-regulation, the Corporation may, on being requested to do so by the licensee, extend that period.

"(4) Where the Corporation decides under regulation 15 to revoke a licence, the Corporation 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 decision and of the reasons for the decision.

"(5) A notice under sub-regulation (4) of a decision of the Corporation 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 by or on behalf of a person whose interests are affected by the decision for review of the decision.

"(6) Failure to comply with the requirements of sub-regulation (5) in relation to a decision shall not be taken to affect the validity of the decision.

"(7) A notice under sub-regulation (2) or (4) 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.

"(8) A certificate signed by an authorised officer setting out, in respect of a licence, the prescribed quantity of apples or pears exported during any period is sufficient evidence of the matters set out in the certificate unless the contrary is proved.

"(9) A certificate referred to in sub-regulation (8) that purports to be signed by an authorised officer shall be taken to have been so signed unless the contrary is proved.

Review of decisions
"15B. Application may be made to the Administrative Appeals Tribunal for the review of-
(a) a decision by the Corporation under regulation 5 to refuse to grant a licence;
(b) a decision by the Corporation under regulation 7 to refuse to grant a permit for the export of apples or pears; or
(c) a decision by the Corporation under sub-regulation 15 (3), (4) or (5) to revoke a licence.".

1986 No. 219 APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS (AMENDMENT) -
REG 10
Information and returns

10. Regulation 16 of the Principal Regulations is amended by omitting from sub-regulation (2) "Penalty: $200" and substituting-
"Penalty:
(a) in the case of a natural person-$500; or
(b) in the case of a body corporate-$2,500.".

1986 No. 219 APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS (AMENDMENT) -
REG 11
Delegation

11. Regulation 17 of the Principal Regulations is amended by omitting from sub-regulation (2) "Department of Industry and Commerce" and substituting "Australian Customs Service".

1986 No. 219 APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS (AMENDMENT) -
REG 12
Repeal

12. Regulation 18 of the Principal Regulations is repealed.