Australian Apple and Pear Corporation Act 1973

Australian Apple and Pear

Corporation Act 1973

No. 194 of 1973

AN ACT

To Establish an Australian Apple and Pear Corporation.

[Assented to 17 December 1973]

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Part I—Preliminary

Short title.

1. This Act may be cited as the Australian Apple and Pear Corporation Act 1973.

Commencement.

2. This Act shall come into operation on a date to be fixed by Proclamation.

Repeal and saving.

3. (1) The following Acts are repealed:—

Apple and Pear Organization Act 1938;

Apple and Pear Organization Act 1947;

Apple and Pear Organization Act 1948;

Apple and Pear Organization Act 1953;

Apple and Pear Organization Act 1960;

Apple and Pear Organization Act 1964;

Apple and Pear Organization Act 1971.

(2) Upon the date of commencement of this Act—

(a) all rights, property and assets that, immediately before that date, were vested in the Board are, by force of this sub-section, vested in the Corporation; and

(b) the Corporation becomes, by force of this sub-section, liable to pay and discharge all the debts, liabilities and obligations of the Board that existed immediately before that date.

(3) Any agreement or instrument subsisting immediately before the date of commencement of this Act to which the Board was a party has effect on and after that date as if—

(a) the Corporation were substituted for the Board as a party to the agreement or instrument; and

(b) any reference in the agreement or instrument to the Board were (except in relation to matters that occurred before that date) a reference to the Corporation.

(4) Notwithstanding the repeal of the Organization Act, the Board, as constituted immediately before the commencement of this Act, shall, for the purposes of preparing and furnishing to the Minister the report referred to in sub-section (5), continue in existence until it has furnished that report.

(5) The Board shall, as soon as practicable after the commencement of this Act, prepare and furnish to the Minister a report on the operation of the Organization Act during the period that commenced on 1 July 1973 and ended immediately before the commencement of this Act.

(6) The Minister shall cause a copy of the report referred to in sub-section (5) to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.

(7) The Corporation shall provide the Board with such clerical and other assistance as is reasonably required for the preparation of the report referred to in sub-section (5).

Definitions.

4. In this Act, unless the contrary intention appears—

“Apple and Pear Growers’ Association” means the association known as the Apple and Pear Growers’ Association that was formed at a meeting in Melbourne on 5 and 6 December 1945;

“Apple and Pear Shippers’ Association” means the association known as the Apple and Pear Shippers’ Association that was formed on 13 January 1948;

“apples and pears” include apple products and pear products;

“approved bank” means the Reserve Bank of Australia or another bank approved by the Treasurer;

“Board” means the Australian Apple and Pear Board constituted under the Organization Act;

“Chairman” means the Chairman of the Corporation;

“Corporation” means the Corporation established by this Act;

“Deputy Chairman” means the Deputy Chairman of the Corporation;

“member” means a member of the Corporation;

“Organization Act” means the Apple and Pear Organization Act 1938-1971;

“pear products” do not include pear products that are canned fruits within the meaning of the Canned Fruits Export Marketing Act 1963-1970;

“Territory” does not include Papua New Guinea.

Part II—Establishment, Functions and Powers of the Australian Apple and Pear Corporation

Corporation.

5. There is established by this Act a Corporation by the name of the Australian Apple and Pear Corporation.

Functions of Corporation.

6. The functions of the Corporation are—

(a) to promote the export from Australia of apples and pears;

(b) to control the export from Australia of apples;

(c) to control the export from Australia of pears;

(d) to promote trade and commerce in apples and pears among the States, between States and Territories and within the Territories;

(e) to improve the production and encourage the consumption of apples and pears in the Territories; and

(f) such other functions in connexion with apples and pears as are provided by the regulations.

Powers of Corporation.

7. (1) The Corporation has power to do all things that are necessary or convenient to be done for or in connexion with the performance of its functions and, in particular, without limiting the generality of the foregoing, the Corporation may—

(a) make recommendations to the Minister in relation to the export from Australia of apples and pears, including recommendations in respect of—

(i) the terms and conditions of the export of apples or pears;

(ii) the persons who may be permitted to engage in the export of apples or pears;

(iii) the packaging and labeling of apples or pears for export; and

(iv) the quality, standards and grading of apples or pears or of any variety of apples or pears for export;

(b) promote, or engage in, research relating to the production, packaging, handling, transportation or marketing of apples and pears;

(c) promote, by financial assistance and otherwise, new apple products or pear products;

(d) act as agent for producers or exporters of apples and pears;

(e) engage, or make other arrangements with, persons, organizations or companies to perform work, or act as agent, for the Corporation, whether in Australia or overseas;

(f) with the approval of the Minister, enter into agreements with a State for the purposes of the Corporation; and

(g) subject to sub-section (2), to the extent that it considers it necessary in the interests of the apple, pear, apple products or pear products industry, buy and sell and otherwise engage in trade in apples and pears and do all things necessary or convenient for engaging in that trade, including the chartering of ships.

(2) The Corporation shall not engage in trade in competition with natural persons resident in, or corporations incorporated in, Australia—

(a) without the approval of the Minister; or

(b) otherwise than in a manner that accords with commercial practice.

(3) The Corporation shall comply with any directions given to it by the Minister with respect to the performance of its functions and the exercise of its powers.

Control of export of apples or pears.

8. (1) The Corporation may, at any time during a year, determine the quantity of apples or pears, or both, or of a variety of apples or pears harvested in all States in that year that may be exported to a particular port, particular country or particular countries.

(2) Where, in a year, a determination is made under sub-section (1) in relation to a port, country or countries, the Corporation may, at the same time or at a later time during that year, determine, in respect of each State, the quantity of apples or pears, or both, or of a variety of apples or pears harvested in the State in that year that may be exported to that port, that country or those countries, but so that the total of the quantities determined under this sub-section equals the quantity specified in the determination under sub-section (1).

(3) The Corporation may, at any time during a year, determine the quantity of apples or pears, or both, harvested in a State in that year that may be exported from a particular port in that State.

(4) The Corporation shall not exercise its powers under this section in a manner that gives preference to one State or any part of one State over another State or any part of another State.

(5) The Corporation shall not exercise its powers under the regulations in a manner that is inconsistent with a determination under sub-section (2) or (3).

(6) In this section, “year” means a period commencing on 1 January and ending on the following 31 December.

Contracts relating to shipments and insurances of apples or pears.

9. (1) A contract for—

(a) the carriage of apples or pears, other than apples or pears that are the property of the Corporation, by sea to a place beyond Australia; or

(b) the insurance of such apples or pears to be so carried against loss or deterioration while awaiting transport or in transit or until disposed of,

shall not be made except—

(c) by the Corporation acting as agent of the owner of the apples or pears or of another person having authority to export the apples or pears; or

(d) in accordance with conditions approved by the Corporation.

(2) A contract of the kind specified in sub-section (1) made otherwise than in accordance with this section is void.

(3) A Collector or officer for the purposes of the Customs Act 1901—1973 may require a person who seeks to export apples or pears from Australia, on making entry of the apples or pears under that Act and before the entry has been passed, to satisfy him that the contract for the carriage of the apples or pears is in conformity with conditions approved by the Corporation, and the Collector or other officer may decline to pass the entry until that person has so satisfied him.

Committees.

10. (1) The Corporation may appoint a Committee to assist the Corporation in relation to a matter.

(2) A Committee appointed under this section shall consist of such persons, whether members of the Corporation or not, as the Corporation thinks fit.

Delegation.

11. (1) The Corporation may, either generally or otherwise as provided by the instrument of delegation, by writing under its common seal, delegate to a person, or to a Committee established under section 10, any of the powers of the Corporation under this Act, except this power of delegation.

(2) A power so delegated may be exercised by the delegate in accordance with the instrument of delegation and, when so exercised, shall, for the purposes of this Act, be deemed to have been exercised by the Corporation.

(3) A delegation under this section is revocable at will and does not prevent the exercise of a power by the Corporation.

Part III—Constitution and Meetings of the Corporation

Nature of Corporation.

12. (1) The Corporation—

(a) is a body corporate with perpetual succession;

(b) shall have a common seal;

(c) may acquire hold and dispose of real and personal property; and

(d) may sue and be sued in its corporate name.

(2) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Corporation affixed to a document and shall presume that it was duly affixed.

Membership of Corporation.

13. (1) The Corporation shall consist of nine members, namely—

(a) the Chairman;

(b) four members to represent Australian apple and pear growers;

(c) one member to represent the Australian Government; and

(d) three other members.

(2) The members shall be appointed by the Minister.

(3) The members shall be appointed as part-time members.

(4) The members to represent Australian apple and pear growers shall be selected by the Minister from persons nominated by the Australian Apple and Pear Growers’ Association.

(5) Before appointing a member referred to in paragraph (1)(d), the Minister shall consult the Australian Apple and Pear Growers’ Association, the Australian Apple and Pear Shippers’ Association and any other bodies that the Minister considers appropriate.

(6) A member referred to in paragraph (1)(d) shall be a person specially qualified for appointment by reason of experience in marketing apples and pears or other products or in the processing of apples or pears or by reason of other experience in commerce, finance, economics, science or industrial matters.

(7) The performance of the functions or the exercise of the powers of the Corporation is not affected by reason of there being a vacancy or vacancies in the membership of the Corporation.

(8) The appointment of a member is not invalidated and shall not be called in question by reason of a deficiency or irregularity in, or in connexion with, his selection or appointment.

Term of office of members.

14. (1) Subject to sub-section (2), a member shall be appointed for a period of 3 years, but is eligible for re-appointment.

(2) If a member ceases to hold office before the expiration of the period of his appointment, another person may, in accordance with this part, be appointed in his place until the expiration of that period.

Deputy Chairman.

15. (1) The Minister shall appoint a person who is, or is to be, a member, other than the Chairman, to be Deputy Chairman of the Corporation.

(2) Subject to this section, a person appointed under this section holds office as Deputy Chairman until the expiration of his period of appointment as a member or until he sooner ceases to be a member.

(3) Where a member appointed as Deputy Chairman is, upon ceasing to be Deputy Chairman by virtue of the expiration of the period of his appointment as a member, re-appointed as a member, he is eligible for re-appointment as Deputy Chairman.

(4) The Deputy Chairman may resign his office of Deputy Chairman by writing under his hand delivered to the Minister.

Acting Chairman.

16. (1) At any time when the Chairman is absent from Australia or not available to perform the duties of his office, or the office of Chairman is vacant, the Deputy Chairman shall, subject to sub-section (2), act as Chairman during that time.

(2) The Corporation may appoint a member, other than the Chairman or the Deputy Chairman, to act as Chairman during any period when—

(a) the Chairman is absent from Australia or not available to perform the duties of his office, or the office of Chairman is vacant; and

(b) the Deputy Chairman is absent from Australia or not available to perform the duties of his office, or the office of Deputy Chairman is vacant.

(3) The Deputy Chairman or the member appointed to act as Chairman under sub-section (2) has, when acting as Chairman, all the powers, functions and duties conferred by this Act on the Chairman.

Deputies of members.

17. (1) Where a member, other than the Chairman or the member representing the Australian Government, is absent from Australia or not available to perform the duties of his office, the Minister may, if requested by the Corporation so to do, appoint a person recommended by the Corporation to be the deputy of the member and may revoke any such appointment.

(2) Where the member representing the Australian Government is absent from Australia or not available, or is expected to be unavailable, to perform the duties of his office, the Minister may appoint a person to be the deputy of the member representing the Australian Government and may revoke any such appointment.

(3) The deputy of a member is entitled to attend a meeting of the Corporation not attended by the member of whom he is the deputy and, while so attending, shall be deemed to be a member.

Remuneration and allowances.

18. (1) Subject to sub-section (4), the Chairman shall be paid remuneration at such rate, and an annual allowance at such rate (if any), as the Parliament fixes, but, until 1 January 1975, the rate of remuneration and the rate (if any) of that allowance shall be as prescribed.

(2) Subject to sub-section (4), a member, other than the Chairman and the member representing the Australian Government, or the deputy of a member, other than the deputy of the member representing the Australian Government, shall be paid remuneration at such rate as the Parliament fixes, but, until 1 January 1975, the rate of that remuneration shall be as prescribed.

(3) Subject to sub-section (4), members and deputies of members shall be paid such allowances, other than an annual allowance, as are prescribed.

(4) If a member is also a member of the Parliament, he shall not be paid remuneration or allowances under sub-sections (1), (2) or (3), but shall, subject to the approval of the Minister, be reimbursed such expenses as he reasonably incurs by reason of his attendance at meetings of the Corporation or of his engagement (whether in Australia or overseas), with the approval of the Corporation, on business of the Corporation.

(5) Subject to sub-section (6), a member of a Committee appointed under section 10 shall be paid, in respect of attendance at meetings of the Committee or while engaged (whether in Australia or overseas), with the approval of the Corporation, on business of the Committee, such fees and allowances as are prescribed.

(6) If a member of a Committee is also a member of the Parliament, he shall not be paid fees or allowances under sub-section (5), but shall, subject to the approval of the Minister, be reimbursed such expenses as he reasonably incurs by reason of his attendance at meetings of the Committee or of his engagement (whether in Australia or overseas), with the approval of the Corporation, on business of the Committee.

Leave of absence.

19. The Minister may grant leave of absence to a member on such terms and conditions as to remuneration or otherwise as the Minister determines.

Resignation of members.

20. A member may resign his office by writing under his hand addressed to the Minister.

Dismissal of members.

21. (1) The Minister may terminate the appointment of a member by reason of the misbehaviour or the physical or mental incapacity of the member.

(2) If a member—

(a) is absent, except on leave granted by the Minister, from 3 consecutive meetings of the Corporation;

(b) becomes bankrupt or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit; or

(c) fails to comply with his obligations under section 22, the Minister shall terminate the appointment of the member.

(3) If the Australian Apple and Pear Growers’ Association requests the removal from office of a member representing apple and pear growers, the Minister may remove that member from office.

(4) If a member is appointed Chairman, he ceases to be a member otherwise than as Chairman and, if the deputy of a member is appointed a member, he ceases to be a deputy.

(5) The provisions of this section, other than paragraph (2)(a), apply to and in relation to a deputy of a member in like manner as they apply to and in relation to a member.

Disclosure of interest by members.

22. (1) A member who is directly or indirectly interested in a contract made or proposed to be made by the Corporation, otherwise than as a member of, and in common with the other members of, an incorporated company consisting of not less than twenty-five persons shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Corporation.

(2) A disclosure under sub-section (1) shall be recorded in the minutes of the Corporation and the member—

(a) shall not take part after the disclosure in any deliberation or decision of the Corporation with respect to the contract; and

(b) shall be disregarded for the purpose of constituting the quorum of the Corporation for any such deliberation or decision.

(3) Sub-section (2) does not apply in relation to a contract in the ordinary course of business of the Corporation arising out of the sale or proposed sale of apples, pears, apple products or pear products by a member.

(4) This section applies to and in relation to a deputy of a member in like manner as it applies to and in relation to a member.

Meetings.

23. (1) Subject to this section, meetings of the Corporation shall be held at such times and places as the Corporation from time to time determines.

(2) The Chairman may at any time convene a meeting of the Corporation.

(3) If—

(a) the Chairman is absent from Australia or not available to perform the duties of his office, or there is a vacancy in the office of Chairman; and

(b) the Deputy Chairman is absent from Australia or not available to perform the duties of his office, or there is a vacancy in the office of Deputy Chairman,

any other member may convene a meeting of the Corporation.

(4) At a meeting of the Corporation seven members constitute a quorum.

(5) The Chairman shall preside at all meetings of the Corporation at which he is present.

(6) In the event of the absence of the Chairman from a meeting of the Corporation, the Deputy Chairman shall preside at that meeting.

(7) In the event of the absence of the Chairman and of the Deputy Chairman from a meeting of the Corporation, the member, if any, acting as Chairman by virtue of sub-section 16 (2) shall preside at the meeting or, if there is no member so acting, the members present shall appoint one of their number to preside at the meeting.

(8) A question arising at a meeting of the Corporation shall be determined by a majority of the votes of the members present and voting.

(9) The member presiding at a meeting of the Corporation has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

Part IV—Staff

Officers and employees.

24. (1) The Corporation may appoint such officers or engage such employees as it thinks necessary for the purposes of this Act.

(2) The terms and conditions of service or employment (in respect of matters not provided for by this Act) of persons appointed or engaged are such as are, subject to the approval of the Public Service Board, determined by the Corporation.

Officers and employees of Board.

25. (1) A person who, immediately before the date of commencement of this Act, was employed by the Board shall, from and including that date, be, by force of this section, in the employment of the Corporation on the same terms and conditions as were applicable to him under the Organization Act immediately before that date until he is appointed as an officer, or engaged as an employee, of the Corporation or his employment under this sub-section ceases in accordance with those terms and conditions, whether by his resignation or otherwise.

(2) The Corporation shall as soon as practicable after the commencement of this Act, appoint as an officer, or engage as an employee, of the Corporation under section 24 each person referred to in sub-section (1) of this section whose employment under that sub-section has not ceased, and the terms and conditions of employment determined by the Corporation in relation to a person so appointed or engaged shall be not less favourable than the terms and conditions of employment applicable to him immediately before he is so appointed or engaged.

Superannuation.

26. The Corporation is an approved authority for the purposes of the Superannuation Act 1922-1973.

Rights of Public Servants appointed or employed under this Act.

27. Where an officer or employee of the Corporation was, immediately before his appointment or engagement, an officer of the Public Service or a person to whom the Officers' Rights Declaration Act 1928-1969 applied—

(a) he retains his existing and accruing rights;

(b) for the purposes of determining those rights, his service under this Act shall be taken into account as if it were service in the Public Service; and

(c) that Act applies as if this Act and this section had been specified in the Schedule to that Act.

Part V—Finance

Apple and Pear Export Fund.

28. (1) Moneys that, immediately before the commencement of this Act, were standing to the credit of the Apple and Pear Export Fund referred to in section 18 of the Organization Act shall be paid to the Corporation.

(2) Moneys on fixed deposit and securities representing, immediately before the commencement of this Act, the investment of moneys in that Fund are, by force of this sub-section, vested in the Corporation.

Moneys to be paid to Corporation.

29. (1) There shall be paid to the Corporation all moneys received by officers under section 4 of the Apple and Pear Export Charges Act 1938—1973.

(2) The Consolidated Revenue Fund is appropriated to the extent necessary for the purposes of any payment referred to in sub-section (1).

Borrowing by Corporation.

30. (1) The Corporation may, with the approval of the Minister, given with the concurrence of the Treasurer—

(a) borrow moneys for the purpose of exercising its power to engage in trade; and

(b) give security over any of its assets for the purpose of that borrowing.

(2) The Corporation shall not borrow moneys otherwise than in accordance with this section.

(3) The Treasurer may, on behalf of Australia, guarantee the repayment of amounts borrowed in accordance with paragraph (1)(a) and the payment of interest on amounts so borrowed.

Bank accounts.

31. (1) The Corporation may open and maintain an account or accounts with an approved bank or approved banks and shall maintain at all times at least one such account.

(2) The Corporation shall pay all moneys of the Corporation into an account referred to in this section.

Application of moneys of Corporation.

32. (1) The moneys of the Corporation may be applied—

(a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Corporation in or in connexion with the performance of its functions, or the exercise of its powers, under this Act;

(b) in payment of any remuneration and allowances, or reimbursement of expenses, payable under this Act to members and deputies of members and to members of Committees established by the Corporation under this Act;

(c) in payment of remuneration and allowances of members of the staff of the Corporation;

(d) in making such grants as the Corporation thinks fit to the Australian Apple and Pear Growers’ Association in respect of expenses incurred by the Association;

(e) in making other payments that the Corporation is authorized or required to make under this Act; and

(f) in payment of any expenses arising out of anything done by the Corporation under the Apple and Pear Stabilization Export Duty Collection Act 1971-1973 or the Apple and Pear Stabilization Act 1971-1973,

but not otherwise.

(2) Moneys of the Corporation not immediately required for the purposes of the Corporation may be invested—

(a) at fixed deposit with an approved bank;

(b) in any securities of, or guaranteed by, Australia or a State; or

(c) in any other manner approved by the Treasurer.

Power to purchase and dispose of assets.

34. (1) The Corporation shall not, without the approval of the Minister—

(a) acquire any property, right or privilege for a consideration exceeding in amount or value $50,000 or, if a higher amount is prescribed, that higher amount;

(b) dispose of any property, right or privilege where the amount or value of the consideration for the disposal, or the value of the property, right or privilege, exceeds $50,000 or, if a higher amount is prescribed, that higher amount;

(c) enter into a contract for the construction of a building for the Corporation, being a contract under which the Corporation is to pay an amount exceeding $50,000 or, if a higher amount is prescribed, that higher amount; or

(d) enter into a lease of land for a period exceeding 10 years.

(2) Paragraphs (1)(a) and (1)(b) do not apply to the acquisition and disposal of apples and pears.

Proper accounts to be kept.

34. (1) The Corporation shall cause to be kept proper accounts and records of the transactions and affairs of the Corporation and shall do all things necessary to ensure that all payments out of moneys of the Corporation are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Corporation and over the incurring of liability by the Corporation.

(2) The accounts and records of the transactions and affairs of the Corporation in respect of the trading activities of the Corporation (if any) shall be in accordance with the accounting principles generally applicable in commercial practice.

Audit.

35. (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Corporation and the records relating to assets of, or in the custody of, the Corporation, and shall

forthwith draw the attention of the Minister to any irregularity disclosed by the inspection and audit that, in the opinion of the Auditor-General, is of sufficient importance to justify his so doing.

(2) The Auditor-General may, at his discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in sub-section (1).

(3) The Auditor-General shall, at least once in each financial year, report to the Minister the results of the inspection and audit carried out under sub-section (1).

(4) The Auditor-General or a person authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Corporation relating directly or indirectly to the receipt or payment of moneys, or to the acquisition, receipt, custody or disposal of assets, by the Corporation.

(5) The Auditor-General or a person authorized by him may make copies of, or take extracts from, any such accounts, records, documents or papers.

(6) The Auditor-General or a person authorized by him may require a person to furnish him with such information in the possession of the person or to which the person has access as the Auditor-General or authorized person considers necessary for the purposes of the functions of the Auditor-General under this Act, and the person shall comply with the requirement.

(7) A person who contravenes sub-section (6) is guilty of an offence punishable, upon conviction, by a fine not exceeding $200.

Liability to taxation.

36. (1) Subject to sub-section (2), the Corporation is not subject to taxation under any law of Australia or of a State or Territory.

(2) The regulations may provide that sub-section (1) does not apply in relation to taxation under a specified law.

Part VI—Miscellaneous

Annual report.

37. (1) The Corporation shall, as soon as practicable after each 30 June, prepare and furnish to the Minister a report of its operations during the year ended on that date, together with financial statements in respect of that year in such form as the Treasurer approves.

(2) In its report the Corporation shall give particulars of any directions given to it by the Minister with respect to the performance of its functions or the exercise of its powers.

(3) Before furnishing the financial statements to the Minister, the Corporation shall submit them to the Auditor-General, who shall report to the Minister—

(a) whether the statements are based on proper accounts and records;

(b) whether the statements are in agreement with the accounts and records and, in respect of the trading activities of the Corporation (if any), show fairly the financial transactions and state of affairs of the Corporation;

(c) whether the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Corporation during the year have been in accordance with this Act; and

(d) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister.

(4) The Minister shall cause the report and financial statements of the Corporation, together with the report of the Auditor-General, to be laid before each House of the Parliament within 15 sitting days of that House after their receipt by the Minister.

Corporation to hold annual discussions with Association.

38. The Corporation shall, as soon as practicable after the report furnished to the Minister by the Corporation under section 37 has been laid before both Houses of the Parliament, afford the Apple and Pear Growers’ Association an opportunity to confer with the members of the Corporation for the purpose of discussing the activities of the Corporation.

Operation of other Acts not affected.

39. Nothing in this Act or the regulations shall affect the operation of the Customs Act 1901-1973 or of the Commerce (Trade Descriptions) Act 1904-1966, or of any regulations made under either or both of those Acts.

Regulations.

40. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular—

(a) prohibiting the export from Australia of apples or pears except subject to and in accordance with prescribed conditions, including—

(i) conditions requiring an exporter to be the holder of a licence as an exporter;

(ii) conditions requiring an exporter to be the holder of a permit to export in respect of particular exports;

(iii) conditions relating to the price, or form of consignment, of apples or pears exported; or

(iv) conditions relating to the commission charged by exporters;

(b) providing for the grant by the Minister, or a person authorized by him, of licences to export from Australia apples or pears;

(c) authorizing the Corporation, or a person authorized by it, to determine prices or other matters for the purposes of the regulations;

(d) requiring persons to furnish returns and information necessary for the purposes of this Act; and

(e) providing for penalties not exceeding a fine of $200 for offences against the regulations.

(2) In the exercise of his powers under the regulations the Minister shall take into account the recommendations of the Corporation.