Commonwealth Numbered Acts

STATES GRANTS (FRUIT-GROWING RECONSTRUCTION) ACT 1973 No. 212, 1973 - SCHEDULE

SCHEDULE
Section 3

THIS AGREEMENT made the twenty-fourth day of November One thousand nine
hundred and seventy-three between- THE COMMONWEALTH OF AUSTRALIA of the first
part, THE STATE OF NEW SOUTH WALES of the second part, THE STATE OF VICTORIA
of the third part, THE STATE OF QUEENSLAND of the fourth part, THE STATE OF
SOUTH AUSTRALIA of the fifth part, THE STATE OF WESTERN AUSTRALIA of the sixth
part, and THE STATE OF TASMANIA of the seventh part is supplemental to the
agreement in relation to the provision of financial assistance for persons
engaged in fruit-growing industries throughout Australia (in this Agreement
called 'the Principal Agreement') that was approved by the States Grants
(Fruit-growing Reconstruction) Act 1972 and was made between the Commonwealth
and all the States the second day of November 1972.

WHEREAS-

   (a)  the Principal Agreement is deemed to have commenced as between the
        Commonwealth and each State on the fourteenth day of July 1972;

   (b)  the Commonwealth and the States are desirous of extending the
        financial assistance to be provided under the Principal Agreement and
        of varying certain of the provisions of the Principal Agreement;

   (c)  the Parliament of the Commonwealth will be requested to approve this
        Agreement and to authorise the grant of financial assistance to the
        States in accordance with the provisions of the Principal Agreement as
        varied by this Agreement, NOW IT IS HEREBY AGREED as follows- Approval
        of Agreement.
1. This Agreement shall have no force or effect and shall not be binding upon
any party until it has been approved by the Parliament of the Commonwealth.
Commencement of Agreement.
2. Upon being approved by the Parliament of the Commonwealth, this Agreement
shall be deemed to have come into force and to have commenced on the first day
of July 1973 so that the Principal Agreement shall be regarded as having been
varied on that date and as providing for and giving effect to acts done on and
from that date as if it had been so varied. Construction and Operation of
Agreements.
3. (1) In this Agreement, each State that is a party is referred to as a
'State', and the expression 'the States' means, except where the context
otherwise requires, all of the States that are for the time being parties.

(2) The Principal Agreement as varied by this Agreement shall be construed as
if this Agreement were incorporated in and formed part of the Principal
Agreement and so that, except where the context otherwise requires, references
in the Principal Agreement to that Agreement were references to that Agreement
as varied by and incorporating the provisions of this Agreement.

(3) Except where the contrary intention appears, expressions used in this
Agreement that are expressions to which meanings are attributed in the
Principal Agreement have in this Agreement the respective meanings so
attributed to them. Extension of Financial Assistance.
4. Clause 7 of the Principal Agreement is amended by deleting the date 'the
thirtieth day of June, 1973' and inserting in its place the date 'the
thirtieth day of June, 1974'. Amendments of the Schedule.
5. (1) The Schedule to the Principal Agreement is amended as follows-

   (a)  by adding to paragraph 1.2 the following sentence-

The canning apricot industry shall be regarded as having qualified for
financial assistance as from 16 March 1973.

   (b)  by rewording paragraph 2.2 to read as follows-

2.2 The maximum rate of assistance will be $500 per acre for canning peaches,
canning pears and canning apricots and $350 per acre for fresh apples and
fresh pears.

   (c)  by rewording paragraph 2.3 to read as follows-

2.3 The Authority will administer the Scheme so that the average rate of
assistance does not exceed $350 per acre for canning peaches, canning pears
and canning apricots and $250 per acre for fresh apples and fresh pears,
respectively.

   (d)  by deleting from paragraph 2.5 the words 'canning peach and canning
        pear' and inserting in their place the words 'canning peach, canning
        pear and canning apricot';

   (e)  by deleting from paragraph 3.1 the date '31 October 1973' and
        inserting in its place '31 October 1974';

   (f)  by adding to paragraph 3.1 the following further sentence-

Where the application was made prior to 1 July 1973 but assistance has not
been paid due to failure by the applicant to proceed and in the opinion of the
Authority the applicant is responsible for such failure, the application shall
be deemed to have lapsed and no financial assistance will be provided under
the Scheme in respect of the removal at any time of the trees that are the
subject of the application.

(2) The amendments made by sub-clause (1) of this clause shall be deemed to
have taken effect as follows-

   (a)  the amendment made by paragraph (a)-on 16 March 1973;

   (b)  the amendment made by paragraph (b)-as from 16 March 1973;

   (c)  the amendment made by paragraph (c) in respect of fresh apples and
        fresh pears-as from the commencement of the Scheme;

   (d)  the amendment made by paragraph (c) in respect of canning apricots-as
        from 16 March 1973;

   (e)  the amendment made by paragraph (d)-as from the commencement of the
        Principal Agreement;

   (f)  the amendments made by paragraphs (e) and (f)-on the coming into force
        of this Agreement. Confirmation and Title of Agreement.
6. The Principal Agreement except in so far as its provisions are varied by
this Agreement, is confirmed and, as so varied, shall be known as ''the
1972-1973 Fruit-Growing Reconstruction Agreement''.

IN WITNESS WHEREOF this Agreement has been executed as at the day and year
first above written.

SIGNED for and on behalf of THE COMMONWEALTH OF AUSTRALIA by the Honourable
EDWARD GOUGH WHITLAM, Prime Minister, in the presence of-
E. G. WHITLAM

ELIZABETH REID

SIGNED for and on behalf of THE STATE OF NEW SOUTH WALES by the Honourable SIR
ROBERT WILLIAM ASKIN, Premier, in the presence of-
R. W. ASKIN

B. DAVIES

SIGNED for and on behalf of THE STATE OF VICTORIA by the Honourable RUPERT
JAMES HAMER, Premier, in the presence of-
R. J. HAMER

J. COLQUHOUN

SIGNED for and on behalf of THE STATE OF QUEENSLAND by the Honourable JOHANNES
BJELKE-PETERSEN, Premier, in the presence of-
JOH. BJELKE-PETERSEN

A. B. KAVANAGH

SIGNED for and on behalf of THE STATE OF SOUTH AUSTRALIA by the Honourable
DONALD ALLAN DUNSTAN, Premier, in the presence of-
DON DUNSTAN

J. A. WHITE

SIGNED for and on behalf of THE STATE OF WESTERN AUSTRALIA by the Honourable
JOHN TREZISE TONKIN, Premier, in the presence of-
JOHN T. TONKIN

R. S. SEDDON

SIGNED for and on behalf of THE STATE OF TASMANIA by the Honourable ERIC
ELLIOTT REECE, Premier, in the presence of-
ERIC REECE

C. W. HALLAM
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