Apple and Pear Industry (Crop Insurance) Act 1982
An Act to amend and consolidate the law relating to the insurance of apple and pear crops and to provide for related matters
[Royal Assent 16 December 1982]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART I - Preliminary
This Act may be cited as the Apple and Pear Industry (Crop Insurance) Act 1982 .
This Act shall commence on the day fixed by proclamation under section 3 (2) of the Apple and Pear Industry (Miscellaneous Acts Repeal) Act 1982 .
(1) [Section 3 Subsection (1) amended by No. 27 of 1993, s. 27 and Sched. 1 ]In this Act, except in so far the context or subject-matter otherwise indicates or requires –Board means the Fruit Crop Insurance Board appointed and holding office under Part II ;exempt grower means a grower who, in accordance with section 9 , is exempted from being required to comply with section 7 ;fruit means apples or pears, or both apples and pears;fruit crop insurance policy means an insurance policy which was entered into in accordance with section 7 and which remains in force;grower means a person who is carrying on a business as a producer of fruit for sale;grower to whom this Act applies means a grower of fruit to whom this Act applies by virtue of section 4 ;Insurance Fund Account means the Fruit Crop Insurance Fund Account continued under section 10 ;the regulations means regulations in force under this Act;sell includes exchange, barter, offer for sale, expose for sale, and have in possession for sale.(2) A reference in this Act to the occupier of any land includes a reference to a person who occupies the land, or any part of the land, jointly, or in common, with any other person and to a person who occupies part of the land.
(1) Where, during such period as may be prescribed in the regulations, there has been produced from the trees grown on all the land in Tasmania occupied by a grower, or, where 2 or more growers carry on a business of producing fruit for sale in partnership, from the trees grown on all such land occupied by those growers, a quantity of fruit that exceeds such quantity as may be so prescribed, this Act applies to, and in relation to, that grower or, as the case may be, to, and in relation to, those growers.(2) Where 2 or more growers carry on a business of growing fruit for sale in partnership, compliance with a provision of this Act by one of those growers shall be deemed to be compliance with that provision by each member of the partnership.
PART II - Fruit Crop Insurance
(1) [Section 5 Subsection (1) substituted by No. 27 of 1993, s. 27 and Sched. 1 ]The Fruit Crop Insurance Board is established.(1A) [Section 5 Subsection (1A) inserted by No. 27 of 1993, s. 27 and Sched. 1 ]The Board –(a) is a body corporate with perpetual succession; and(b) has a seal; and(c) may sue and be sued in its corporate name; and(d) may acquire, hold, dispose of and otherwise deal with property.(1B) [Section 5 Subsection (1B) inserted by No. 27 of 1993, s. 27 and Sched. 1 ]The execution of a document sealed by the Board is to be attested by 2 members of the Board.(1C) [Section 5 Subsection (1C) inserted by No. 27 of 1993, s. 27 and Sched. 1 ]All courts and persons acting judicially must take judicial notice of the imprint of the seal on a document and presume that it was duly sealed by the Board.(1D) [Section 5 Subsection (1D) inserted by No. 27 of 1993, s. 27 and Sched. 1 ]The seal is to be kept and used as authorized by the Board.(2) [Section 5 Subsection (2) substituted by No. 27 of 1993, s. 27 and Sched. 1 ]The Board consists of 4 persons of whom –(a) 2 are to be persons nominated by the Minister on the recommendation of the Treasurer; and(b) the remaining 2 are to be fruitgrowers who, in the opinion of the Minister, represent the interests of fruit growers.(3) [Section 5 Subsection (3) amended by No. 27 of 1993, s. 27 and Sched. 1 ]One of the persons referred to in subsection (2) (a) shall, in the instrument by which he is appointed or in a subsequent instrument, be appointed as chairman of the Board.(4) [Section 5 Subsection (4) amended by No. 27 of 1993, s. 27 and Sched. 1 ]The members of the Board shall hold office at the pleasure of the Minister.(5) [Section 5 Subsection (5) amended by No. 27 of 1993, s. 27 and Sched. 1 ]The quorum for meetings of the Board shall be 3 members.(6) [Section 5 Subsection (6) amended by No. 27 of 1993, s. 27 and Sched. 1 ]At a meeting of the Board, the chairman of the Board shall, in relation to any matter to be decided by the Board, have a casting vote as well as a deliberative vote.(7) [Section 5 Subsection (7) amended by No. 27 of 1993, s. 27 and Sched. 1 ]Except as provided in the regulations, the Board may regulate its procedure in such manner as it thinks fit.(8) [Section 5 Subsection (8) amended by No. 27 of 1993, s. 27 and Sched. 1 ]The functions of the Board are –(a) to make recommendations to the Governor with respect to premium and compensation rates for the purposes of section 6 ; and(b) to undertake for the purposes of this Part such other activities as may be prescribed in the regulations or as the Minister may from time to time direct.(9) [Section 5 Subsection (9) amended by No. 27 of 1993, s. 27 and Sched. 1 ]In recommending rates of premiums in accordance with subsection (8) (a) , the Board shall endeavour to ensure that, taking one year with another, the income of the Insurance Fund Account from fruit crop insurance policies is sufficient to satisfy the amounts required to be paid out of that Account, but is not significantly more than that necessary for that purpose.
[Section 5A Inserted by No. 27 of 1993, s. 27 and Sched. 1 ]The Board has the power to do all things necessary or convenient to be done in connection with the performance of its functions and duties and, in particular, has the power to –(a) enter into contracts; and(b) appoint agents; and(c) enter into a contract with another person for the performance of any of its functions or powers jointly with that other person; and(d) determine the charges, terms and conditions relating to work done by it or the services, goods or information supplied by it; and(e) do all things that it is authorized to do by this or any other Act.
6. Determination and notification of premium rates and compensation rates
(1) Subject to this section, the Governor shall, not later than the date in each calendar year prescribed for the purposes of this section, make an order determining with respect to the year beginning on 1st July in that calendar year –and cause that order to be published in the Gazette.(a) the rates of premiums payable in respect of fruit crop insurance policies;(b) the date by which the premiums in respect of fruit crop insurance policies are to be paid or tendered to the Board;(c) the rate of compensation payable in respect of fruit to which fruit crop insurance policies relate where that fruit is damaged or destroyed in circumstances contemplated by those insurance policies; and(d) such other matters relating to fruit crop insurance policies as may be prescribed in the regulations –(2) [Section 6 Subsection (2) amended by No. 27 of 1993, s. 27 and Sched. 1 ]In making an order under subsection (1) , the Governor shall have regard to any recommendation of the Board made in relation to the year in respect of which the Governor is required to make the order under that subsection.(3) [Section 6 Subsection (3) amended by No. 27 of 1993, s. 27 and Sched. 1 ]The Governor may, on the recommendation of the Board, amend an order referred to in subsection (1) in relation to the year in respect of which the order was made for any purpose other than the alteration of premiums specified in the order.(4) An amendment made under subsection (3) shall be by order and any such order shall be published in the Gazette.(5) Different rates of premium may be determined according to such matters as may be prescribed in the regulations for the purpose of this subsection.(6) As soon as practicable after the rates of premium have been determined and published in accordance with subsection (1) , the Board shall send to every grower to whom this Act applies a proposal form in the prescribed form, which shall include or be accompanied by a list of those rates, but failure of the Board to comply with this subsection does not absolve a grower from liability if he fails to comply with section 7 (1) .(7) For the purpose of subsection (1) , the prescribed date in a calendar year may be a date in that year that is before, on, or after 1st July in that year but may not be a date later than 30th September in that year, and different dates may be precribed for that purpose for different calendar years.(8) An order made under this section is not a statutory rule within the meaning of the Rules Publication Act 1953 .(9) [Section 6 Subsection (9) inserted by No. 79 of 1999, s. 9, Applied:15 Dec 1999] This section expires on 30 June 2000.
7. Growers to insure against certain risks
(1) A grower to whom this Act applies (other than an exempt grower) shall, not later than the date prescribed for the purposes of this section –(a) in a proposal in the prescribed form apply to the Board for an insurance policy for the purpose of providing him with compensation in the event of –(i) the fruit grown on the land occupied by the grower becoming damaged or destroyed as a result of occurrences prescribed in the regulations; or(ii) where so provided in the regulations, such class or description of that fruit as may be so prescribed becoming damaged or destroyed as a result of such occurrences; and(b) in respect of the insurance policy applied for, pay or tender to the Board the premium calculated by reference to the appropriate rate in respect of that policy determined under section 6 (1) .(2) On receipt of an application and premium in accordance with subsection (1) , the Board shall forthwith issue to the applicant an insurance policy in the appropriate form prescribed in the regulations.(3) Where, in respect of any year, a grower to whom this Act applies has complied with subsection (1) and during that year the land or any part of the land in respect of which the grower carries on a business of growing fruit is transferred or transmitted by operation of law to any other person, that other person –(a) shall be deemed to have complied with that subsection in respect of that year; and(b) shall have the rights and benefits conferred, and shall be subject to the obligations and liabilities imposed, by the fruit crop insurance policy entered into in relation to that land or part of that land for that year.(4) In subsection (3) , year means a period of 12 months beginning on 1st July.(5) [Section 7 Subsection (5) amended by No. 53 of 1987, s. 8 and Sched. 1 ]If a grower to whom this Act applies fails to comply with subsection (1) , he is guilty of an offence and is liable on summary conviction to a penalty not exceeding 10 penalty units and, in the case of a continuing offence, to a further penalty not exceeding 0·5 penalty unit for each day during which the offence continues.(6) [Section 7 Subsection (6) inserted by No. 79 of 1999, s. 9, Applied:15 Dec 1999] This section expires on 30 June 2000.
8. Amount of premium recoverable by Board
(1) Where a grower to whom this Act applies (other than an exempt grower) fails to apply for an insurance policy, or to pay or tender payment of a premium, in accordance with section 7 (1) , the Board may, by proceedings brought in a court of competent jurisdiction, recover from him the amount of that premium.(2) The fact that an amount is recovered under subsection (1) from a grower to whom this Act applies or that proceedings are brought for the recovery of such an amount does not preclude proceedings being taken against him for an offence under section 7 in relation to a failure to comply with that section.(3) Where a grower to whom this Act applies is convicted of an offence against section 7 , the provisions of section 140 of the Justices Act 1959 apply so as to enable a claim to be made under those provisions in respect of an amount that would, but for this subsection, be recoverable from that grower under subsection (1) , and for the purpose of that application –(a) that amount shall be regarded as a loss as referred to in those provisions; and(b) the Board shall be regarded as a person who has suffered such a loss.
9. Grower may be exempted from section 7 in certain cases
[Section 9 Substituted by No. 79 of 1999, s. 9, Applied:15 Dec 1999](1) A grower to whom this Act applies may apply in writing to the Board to be exempted from being required to comply with section 7 and, on receipt of such an application, the Board may, if satisfied as to the existence of the prescribed circumstances or conditions in relation to that grower, exempt that grower from being so required to comply.(2) This section expires on 30 June 2000.
(1) [Section 10 Subsection (1) amended by No. 27 of 1993, s. 27 and Sched. 1 ]The Board shall continue to maintain in a bank approved by the Treasurer an account to be known as the "Fruit Crop Insurance Fund Account", and the account so continued shall be operated only by cheque signed by such persons as are authorized for the purpose by the Board.(2) All money paid to or received by the Board, or any person on behalf of the Board, for the purposes of, or in connection with, this Part shall be paid into the Insurance Fund Account.(3) There shall be paid out of the Insurance Fund Account –(a) all amounts required to be paid under fruit crop insurance policies as compensation;(b) the expenses incurred in the administration of this Part; and(c) any other amounts that, under this Part, are required to be paid out of that Account.(4) [Section 10 Subsection (4) substituted by No. 27 of 1993, s. 27 and Sched. 1 ]The Insurance Fund Account is to be maintained in accordance with Part IIA .(5) [Section 10 Subsection (5) omitted by No. 27 of 1993, s. 27 and Sched. 1 ]. . . . . . . .(6) [Section 10 Subsection (6) omitted by No. 27 of 1993, s. 27 and Sched. 1 ]. . . . . . . .
11. Payments to Insurance Fund Account out of Consolidated Fund
(1) Where the Treasurer, on the application of the Board, is satisfied that any payment required to be made out of the Insurance Fund Account cannot be made owing to insufficient funds, he shall pay into that Account an amount sufficient to enable that payment to be made.(2) [Section 11 Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ]The amount payable by the Treasurer under subsection (1) shall be a charge on the Consolidated Fund and is payable out of that Fund without further appropriation than this subsection.(3) [Section 11 Subsection (3) amended by No. 68 of 1994, s. 3 and Sched. 1 ]Where an amount is paid into the Insurance Fund Account by the Treasurer under subsection (1) , the Board shall, as soon as it is practicable to do so, repay that amount to the Consolidated Fund, together with interest at such rate (if any) as may be prescribed in the regulations.(4) [Section 11 Subsection (4) amended by No. 68 of 1994, s. 3 and Sched. 1 ]Where an amount paid into the Insurance Fund Account by the Treasurer under subsection (1) has not been repaid to the Consolidated Fund, the Treasurer may make a demand in writing for the repayment of that amount or such part of it as the Treasurer specifies in the demand, together with interest at such rate (if any) as may be prescribed in the regulations, and, on receipt of any such demand, the Board shall, if the Insurance Fund Account then contains sufficient funds, pay into the Consolidated Fund the amount specified in the demand.(5) A demand under subsection (4) shall not be made in respect of the repayment of an amount paid under subsection (1) after the expiration of 6 years after that amount was paid into the Insurance Fund Account.
12. Regulations for purposes of Part II
[Section 12 Amended by No. 27 of 1993, s. 27 and Sched. 1 ]Without limiting the generality of section 20 , regulations made under that section may make provision for, or with respect to –(a) the procedure to be followed by the Board;(aa) the activities of the Board for the purposes of section 5 (8) (b) ;(ab) provisions of a savings or transitional nature consequent on the enactment of the Tasmanian Government Insurance Office (Sale) Act 1993 ;(b) the payment of fees and allowances to members of that Board for the purposes of any meeting or business of that Board;(c) matters to be taken into account in determining rates of premium under section 6 ;(d) prescribe classes or descriptions of fruit in respect of which insurance policies are to be entered into under section 7 ; and(e) [Section 12 Amended by No. 79 of 1999, s. 9, Applied:15 Dec 1999] prescribe circumstances in which, or conditions on which, a grower to whom this Act applies may be exempted from being required to comply with the requirements of section 7 ; and(f) [Section 12 Amended by No. 79 of 1999, s. 9, Applied:15 Dec 1999] the winding-up of the insurance scheme for apple and pear crops provided for by this Act; and(g) [Section 12 Amended by No. 79 of 1999, s. 9, Applied:15 Dec 1999] any other matter consequent on the dissolution of the Board and the disposition of its property.
[Section 12AA Inserted by No. 79 of 1999, s. 9, Applied:15 Dec 1999] On and from the commencement of the Apple and Pear Industry (Crop Insurance) Amendment and Repeal Act 1999 , the Board –(a) must conduct the insurance scheme provided for by this Act so as to wind it up as provided by that Act; and(b) must not accept any proposals for insurance in respect of any period after 30 June 2000.
PART IIA - Financial Provisions[Part IIA Inserted by No. 27 of 1993, s. 27 and Sched. 1 ]
12A. Investment of surplus funds
[Section 12A Inserted by No. 27 of 1993, s. 27 and Sched. 1 ]The Board may invest any funds held by it and any interest accumulated in respect of those funds –(a) in securities of, or guaranteed by, the Commonwealth, a State or a Territory; or(b) on deposit with a bank; or(c) in any other manner approved by the Treasurer.
[Section 12B Inserted by No. 27 of 1993, s. 27 and Sched. 1 ](1) The Board must keep such accounts, and prepare such statements relating to those accounts, as the Treasurer may direct.(2) The accounts and statements referred to in subsection (1) are to be in the form, and to contain the particulars, determined by the Treasurer.(3) The accounts of the Board are subject to Part 3 of the Financial Management and Audit Act 1990 .(4) The Board must –(a) within 2 months after the end of a financial year, submit to the Auditor-General for the purposes of audit a statement of its accounts for that financial year; and(b) within 14 days after receipt of the Auditor-General's opinion on those accounts, submit to the Minister a report on the administration of this Act during that financial year together with copies of the statement and of the Auditor-General's opinion.(5) The Minister must cause a copy of each report and statement of accounts submitted to him or her under this section and of the Auditor-General's opinion on those accounts to be laid before each House of Parliament within the next 15 sitting days of that House after the receipt of the report and statement.
[Section 12C Inserted by No. 27 of 1993, s. 27 and Sched. 1 ]The Board may establish and maintain reserves.
PART III - Supplementary[Section 13 Repealed by No. 53 of 1987, s. 4 ]. . . . . . . .
14. Power of Board to require growers to provide particulars
(1) [Section 14 Subsection (1) amended by No. 27 of 1993, s. 27 and Sched. 1 ]The Board may serve on –a notice in writing requiring that person to provide the Board in writing, within such period as is specified in the notice or within such further period as the Board may allow, with a statement of such particulars with respect to fruit grown or sold by the grower, or with respect to the land on which the grower produces fruit, as are so specified.(a) a grower; or(b) any person who, as an agent of a grower, has provided services in connection with the business carried on by that grower –(2) [Section 14 Subsection (2) amended by No. 53 of 1987, s. 8 and Sched. 1 ]Any person who fails to comply with a requirement made of him under subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units.
(1) [Section 15 Subsection (1) amended by No. 53 of 1987, s. 5 and s. 8 and Sched. 1 ]Subject to subsection (2) , any person who, in providing any particulars pursuant to this Act, makes any statement or representation that is false or misleading in a material respect is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units.(2) It is a defence to a charge under subsection (1) if it is proved that, at the time when the statement or representation was made, the defendant believed on reasonable grounds that it was neither false nor misleading.
16. Board to be notified of changes in particulars
[Section 17 Repealed by No. 27 of 1993, s. 27 and Sched. 1 ]. . . . . . . .(1) [Section 16 Subsection (1) amended by No. 27 of 1993, s. 27 and Sched. 1 ]Where a grower to whom this Act applies sells, leases, or disposes of the whole or any part of his business as a grower, or any of the land that is occupied by him for the purpose of growing fruit, the grower shall, not later than 28 days after that event, provide the Board with full particulars in writing of that sale, lease, or disposal.(2) [Section 16 Subsection (2) amended by No. 53 of 1987, s. 8 and Sched. 1 ]If a grower to whom this Act applies fails to comply with subsection (1) , he is guilty of an offence and is liable on summary conviction to a penalty not exceeding 2·5 penalty units.
Where in proceedings brought under, or for the purposes of, this Act it is proved that the defendant was carrying on a business as a producer of fruit for sale, it shall be presumed, until the contrary is shown, that the defendant was at the time when he was carrying on that business a grower to whom this Act applies.
(1) [Section 19 Subsection (1) amended by No. 27 of 1993, s. 27 and Sched. 1 ]Any document authorized by this Act to be served by the Board shall be deemed to have been duly served –(a) where the person on whom the document is to be served is neither a body corporate nor a partnership –(i) if delivered personally to that person or left at the place of residence or business of that person last known to the Board; or(ii) if sent by prepaid letter post, addressed to that person at his place of residence or business last known to the Board;(b) where the person on whom the document is to be served is a body corporate –(i) if delivered personally to an officer of the body corporate or left at its registered office, or its principal business office in Tasmania, last known to the Board; or(ii) if sent by prepaid letter post, addressed to the body corporate at its registered office, or its principal business office in Tasmania, last known to the Board; or(c) where the person on whom the document is to be served is a partnership –(i) if delivered personally to a member of the partnership or left at the place of residence or business of such a member last known to the Board; or(ii) if sent by prepaid letter post, addressed to the members of the partnership at its place or principal place of business in Tasmania, or to any member of the partnership at his place of residence or business, last known to the Board.(2) Service of a document in accordance with subsection (1) (a) (ii) , (1) (b) (ii) , or (1) (c) (ii) shall, unless the contrary is proved, be deemed to have been effected at the time when it would be delivered in the ordinary course of post.(3) A reference in subsection (1) to the registered office of a body corporate includes a reference to a registered office that is outside Tasmania.(4) The provisions of this section are in addition to the provisions of section 528 of the Companies (Tasmania) Code .
(1) The Governor may make regulations for the purposes of this Act.(2) [Section 20 Subsection (2) omitted by No. 53 of 1987, s. 7 ]. . . . . . . .(3) [Section 20 Subsection (3) amended by No. 53 of 1987, s. 8 and Sched. 1 ]The regulations may provide for it to be an offence to contravene or fail to comply with any of the regulations and prescribe a penalty not exceeding 5 penalty units that may be imposed in respect of any such offence.(4) The regulations may be made subject to such conditions, or may be made so as to apply differently according to such factors as may be specified in the regulations or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified.
Notwithstanding the repeals effected by section 5 of the Apple and Pear Industry (Miscellaneous Acts Repeal) Act 1982 , the provisions of Schedule 1 have effect.
SCHEDULE 1 - Savings
1. InterpretationIn this Schedule –the commencement day means the relevant day fixed by proclamation under section 3 (2) of the Apple and Pear Industry (Miscellaneous Acts Repeal) Act 1982 ;the repealed Act means the Apple and Pear Industry Act 1934 .
2. Saving for certain ordersAny order in force under Part IIIB of the repealed Act immediately before the commencement day shall continue in force as if it had been made under this Act and may, subject to section 6 (3) , be amended or rescinded by an order made under this Act.
3. Saving for certain matters under Apple and Pear Industry Act 1934A notice given, recommendation or payment made, policy issued, or other act, matter, or thing done under the repealed Act that, immediately before the commencement day, was of force or effect shall continue in force and have effect as if given, made, issued, or done under the corresponding provision of this Act.
4. Saving for Insurance Fund AccountThe money standing to the credit of the Fruit Crop Insurance Fund Account established under section 14L of the repealed Act immediately before the commencement day shall, on that day, be deemed to be money standing to the credit of the Insurance Fund Account maintained under section 10 of this Act.