Bills Digest no. 57 1976
Apple and Pear Levy Bill 1976
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Contact Officer & Copyright Details
Date introduced: 18 November
House: House of Representatives
Portfolio: Primary Industry
To impose a levy
on the sale or use in Australia
of apples and pears.
This is one of five companion Bills
which, as a whole, provide for the imposition and collection of
levies on local and export sales of apples and pears as part of new
arrangements for financing the Australian Apple and Pear
Corporation. They are:
Apple and Pear Levy Bill imposition of levy on domestic
sales of apples and pears
Apple and Pear Levy
Collection Bill collection of levy imposed by above
Apple and Pear Export Charge Bill imposition of charge on
exports of apples and pears
Apple and Pear Export Charge Collection collection of
charge imposed by above Bill
and Pear Corporation Amendment Bill authorises payment of the levy
and export charges to the Corporation.
The separate Bills for
imposition and collection are required by section 55 of the
Constitution which says that laws imposing taxation shall deal only
with the imposition of taxation.
The new levy will
replace the previous levy which was on exports only, imposed under
the Apple and Pear Export Charges Act 1938 to finance the
Australian Apple and Pear Board. The charge on exports only had
become too burdensome and inequitable after the steep fall in
export sales. The Board was replaced by the Australian Apple and
Pear Corporation which was established by the Australian Apple and
Pear Corporation Act 1973 and began operations in 1974. The Board
was concerned mainly with export promotion but the Corporation s
functions also encompass promotion of domestic sales, research and
export control. The Corporation, like the Board, also administers
payments to and from growers under the Apple and Pear Stabilization
The Labor Government had
introduced a different Apple and Pear Levy Bill on 5 June 1975. The
purpose of this was also to finance the Corporation but it was to
be by way of a levy based on the grower s area of fruit trees. The
Bill was not opposed by the Liberal NCP Opposition although Mr.
Sinclair expressed reservations about the area basis of the levy.
The Bill lapsed when the Parliament was dissolved in November 1975.
In these new Bills, the new Liberal NCP Government has changed the
basis of the levy from area to sales, with the agreement of the
Australian Apple and Pear Growers Association.
Apple and Pear Levy Bill provides for the imposition on growers of
a levy on fruit produced after 1 January 1977 and sold in Australia
or used by the grower in production of fruit juice or other goods.
The rate of the levy
will be as prescribed by the Government, taking into account any
recommendations of the Growers Association, but will not exceed
fruit, 60 cents per tonne,
fruit, $1.40 per tonne,
for other fruit, 6 cents per box. (clause 6)
Exemptions are provided for small
amounts of fruit (500 boxes per annum or less) retailed or used for
processing by the grower himself, (clause 7) and for canning pears
which are already levied under the Canning-Fruit Charge Act
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© Commonwealth of Australia 2006
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