Commonwealth legislation

Horticulture Marketing and Research and Development Services [Regulated Horticultural Products and Markets (Pears to All Export Markets)] Order (No. 1) 2002

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This Order brings pear exports under federal regulation.

What it does From 1 February 2003, pears became a 'regulated horticultural product'. This means anyone exporting pears must comply with the Horticulture Marketing and Research and Development Services Act 2000, which typically involves paying levies (mandatory fees) to fund industry marketing and research programs.

The 'domestic market' quirk While the Order applies to 'all export markets', it excludes the 'Australian domestic market'. Surprisingly, this 'domestic' definition includes not just Australia, but also numerous Pacific territories and nations such as Papua New Guinea, Fiji, Samoa, Tonga, and even Antarctica. These locations are treated as 'domestic' for trade purposes, so pear shipments to these places aren't subject to the export regulations and levies imposed by this Order.

Who it affects Pear growers and exporters sending produce to markets outside the Pacific/Antarctica region (e.g., Asia, Europe, North America).

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Current sections

Direct links to the current provisions in Horticulture Marketing and Research and Development Services [Regulated Horticultural Products and Markets (Pears to All Export Markets)] Order (No. 1) 2002.

Horticulture Marketing and Research and Development Services [Regulated Horticultural Products and Markets (Pears to All Export Markets)] Order (No. 1) 2002

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Horticulture Marketing and Research and Development Services [Regulated Horticultural Products and Markets (Pears to All Export Markets)] Order (No. 1) 2002

I, Michael Taylor, Secretary to the Department of Agriculture, Fisheries and Forestry, make this Order under subsection 19 (1) of the Horticulture Marketing and Research and Development Services Act 2000.

Dated 18 December 2002

Michael Taylor

Secretary

1 Name of Order

This Order is the Horticulture Marketing and Research and Development Services [Regulated Horticultural Products and Markets (Pears to All Export Markets)] Order (No. 1) 2002.

2 Regulated horticultural products — pears

(1) On and from 01 February 2003:

(a) pears are a regulated horticultural product; and

(b) all export markets are regulated horticultural markets in respect of that horticultural product, except the Australian domestic market.

(2) For the purposes of this Order, the Australian domestic market comprises:

American Samoa;
Antarctica;
an external Territory;
Australia;
the Cook Islands;
the Democratic Republic of East Timor;
the Federated States of Micronesia;
Guam;
the Independent State of Papua New Guinea;
the Independent State of Western Samoa;
the Kingdom of Tonga;
the Midway Islands;
Niue;
Pitcairn Island;
the Republic of Fiji;
the Republic of Kiribati;
the Republic of Nauru;
the Republic of Vanuatu;
the Solomon Islands;
Tahiti;
the Territory of New Caledonia and Dependencies; and
Wake Island.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Horticulture Marketing and Research and Development Services [Regulated Horticultural Products and Markets (Pears to All Export Markets)] Order (No. 1) 2002

Horticulture Marketing and Research and Development Services [Regulated Horticultural Products and Markets (Pears to All Export Markets)] Order (No. 1) 2002

Dated 18 December 2002

Michael Taylor

Secretary

1 Name of Order

This Order is the Horticulture Marketing and Research and Development Services [Regulated Horticultural Products and Markets (Pears to All Export Markets)] Order (No. 1) 2002.

2 Regulated horticultural products — pears

(1) On and from 01 February 2003:

(a) pears are a regulated horticultural product; and

(b) all export markets are regulated horticultural markets in respect of that horticultural product, except the Australian domestic market.

(2) For the purposes of this Order, the Australian domestic market comprises:

American Samoa;
Antarctica;
an external Territory;
Australia;
the Cook Islands;
the Democratic Republic of East Timor;
the Federated States of Micronesia;
Guam;
the Independent State of Papua New Guinea;
the Independent State of Western Samoa;
the Kingdom of Tonga;
the Midway Islands;
Niue;
Pitcairn Island;
the Republic of Fiji;
the Republic of Kiribati;
the Republic of Nauru;
the Republic of Vanuatu;
the Solomon Islands;
Tahiti;
the Territory of New Caledonia and Dependencies; and
Wake Island.