Commonwealth Numbered Acts

CANNED FRUITS MARKETING ACT 1979 No. 160 of 1979 - SECT 3

3. (1) In this Act, unless the contrary intention appears-

''Advisory Committee'' means the Australian Canned Fruits Industry Advisory
Committee established by section 36;

''appoint'' includes re-appoint;

''canned fruits'' means fruits preserved by sterilization and enclosed (with
or without syrup, water or other liquid) in air-tight containers, being fruits
that are or consist of-

   (a)  apricots, peaches or pears; or

   (b)  a mixture of fruits not less than 55% of which consists of one or more
        of the fruits specified in paragraph (a),

and includes the containers containing the fruits and any contents of the
containers that are not fruits, but does not include goods that, having regard
to their characteristics, may be described as ''fruit pulp'', ''solid pack'',
''pie pack'', ''jam'', ''jelly'' or ''conserve'';

''canner'' means the proprietor of a factory in a Territory at which canned
fruits are produced;

''Chairman'' means the Chairman of the Corporation;

''Corporation'' means the Australian Canned Fruits Corporation established by
section 4;

''equalization market'', in relation to a season, means the market formed by
Australia and the other countries specified by the notice published in the
Gazette under section 6 that relates to that season;

''equalization pool'' means an equalization pool set up and maintained under
section 7;

''marketing agent'' means a person who is an agent of the Corporation under an
agreement in force under section 12 or under the corresponding provision of a
State Act;

''member'' means a member of the Corporation;

''premium'' means a premium fixed by the Corporation in accordance with
section 8;

''production'', in relation to a canner, means production at a factory of
which the canner is the proprietor;

''season'' means the period of 12 months commencing on 1 January 1980, and
each of the next 4 succeeding periods of 12 months;

''State Act'' means any State Act relating to the marketing of canned fruits;

''Territory'' means an internal Territory.

(2) In this Act, a reference to canned fruits of a season shall be read as a
reference to canned fruits produced at a factory during that season.

(3) For the purposes of this Act, the net proceeds of the disposal by the
Corporation of canned fruits shall be deemed to be an amount equal to the
proceeds of that disposal, less-

   (a)  any amounts deducted from those proceeds, in accordance with an
        agreement in force under section 12 of this Act or under the
        corresponding provision of a State Act, by the marketing agent who
        effected that disposal; and

   (b)  an amount calculated in respect of the canned fruits at the insurance
        reimbursement rate in force under section 16, or under the
        corresponding provision of a State Act, at the time of that disposal.

(4) For the purposes of sub-section (3), any moneys received by the
Corporation under a policy of insurance in respect of canned fruits shall be
deemed to be proceeds of the disposal of those canned fruits.

(5) In this Act-

   (a)  a reference to the disposal by the Corporation in the equalization
        market of canned fruits shall be read as a reference to the sale of
        the canned fruits in Australia by the Corporation-

        (i)    for consumption in Australia;

        (ii)   for delivery to a place in the equalization market outside
               Australia; or

        (iii)  for delivery to a ship or aircraft for export from Australia to
               a place in the equalization market; and

   (b)  a reference to the disposal by the Corporation of canned fruits shall
        be read as a reference to such disposal, whether in the
        equalization market or otherwise.

(6) A reference in this Act to canned fruits acquired by the Corporation under
an Act (whether this Act or a State Act) shall be read as a reference to
canned fruits that-

   (a)  have become the property of the Corporation by force of that Act; or

   (b)  have been purchased by the Corporation under that Act.

PART II-ESTABLISHMENT OF AUSTRALIAN CANNED FRUITS CORPORATION