Bills Digest no. 57 1976
Apple and Pear Levy Bill 1976
WARNING:
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 Bill.
CONTENTS
Passage History
Purpose
Provisions
Contact Officer & Copyright Details
Passage History
Date introduced: 18 November 1976
House: House of Representatives
Portfolio: Primary Industry
Purpose
To impose a levy on the sale or use in Australia of apples and pears.
Related Legislation
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 Bill
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
Australian Apple 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 Scheme.
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.
The 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. (Clause 5)
Provisions
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
-
for juicing fruit, 60 cents per tonne,
-
for processing 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 1959.
Bills Digest Service
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ISSN 1328-8091
© Commonwealth of Australia 2006
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