Apple and Pear Export Charge Collection Regulations

Overview

The Apple and Pear Export Charge Collection Regulations 1976 were enacted to facilitate the collection of export charges on apples and pears under the Apple and Pear Export Charge Collection Act 1976. These regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and provide the administrative framework for the implementation of the Act. The regulations aim to ensure that the export charges are collected efficiently and accurately, with the primary objective of enabling the government to collect the charges levied on apple and pear exports as stipulated in the Act. The regulations detail the procedures for payment of charges, the requirement for monthly returns from prescribed persons, the appointment of authorized agents, and the penalties for providing false or misleading information. This legislative instrument was designed to address the need for a structured approach to the collection of export charges on apples and pears, ensuring compliance and proper administration of the charges.

Scope and Application

The Apple and Pear Export Charge Collection Regulations, enacted under the Apple and Pear Export Charge Collection Act 1976, apply to prescribed persons involved in the export of apples and pears from Australia. This encompasses entities such as exporters, growers, and owners of the fruit at the time of export. The regulations mandate that prescribed persons must furnish monthly returns detailing the quantity of fruit exported and the corresponding charge payable. These returns must be submitted to the Secretary to the Department of Primary Industry within a specified timeframe. Additionally, prescribed persons are obligated to maintain accurate records of the exported quantities. The regulations are applicable on a national scale, as they pertain to the collection of export charges under federal law. Any person providing false or misleading information may face a penalty of up to $200. The regulations also allow for the appointment of authorized agents to sign declarations on behalf of prescribed persons.

Key Provisions

The Apple and Pear Export Charge Collection Regulations (C1976L00299) primarily concern the collection of export charges for apples and pears, and they detail how these charges should be paid, reported, and monitored. Under section 4, the charge payable to the Commonwealth must be remitted to the Collector of Public Moneys at the Department of Primary Industry's office in Canberra. Section 5 mandates that any individual or entity exporting apples or pears, referred to as a "prescribed person," must submit a monthly return to the Secretary by the 28th day of the month following the export. This return must include the exporter's full name and address, the month of export, the quantity of each type of fruit exported, and the corresponding charge payable. Additionally, section 5(3) stipulates that these returns must be accompanied by a signed declaration attesting to the accuracy of the provided information. The Regulations impose several obligations on the parties they govern. According to section 5, prescribed persons must furnish monthly returns detailing their export activities. This requirement ensures that the Department of Primary Industry maintains accurate records of export volumes and charges. Furthermore, section 6 allows prescribed persons to appoint an authorized agent to sign the declaration on their behalf, provided the appointment adheres to the prescribed form and is lodged with the Department of Primary Industry. Section 7 provides that where a company is involved, a director or the company secretary can sign on its behalf. Section 8 prohibits the submission of false or misleading information in any return or documentation related to the Act, with a penalty of $200 for non-compliance. Section 9 obligates prescribed persons to keep proper records of the quantities of fruit exported each month, also subject to a $200 penalty for failure to maintain these records. The Regulations establish clear consequences for non-compliance. Section 8 explicitly states that furnishing a return or other information that is false or misleading in a material particular is an offence, with a penalty of $200. Similarly, failure to keep proper records of export quantities, as stipulated in section 9, also incurs a penalty of $200. These penalties underscore the importance of accuracy and compliance with the regulatory requirements, aiming to ensure that export charges are correctly reported and collected. The specified penalties provide a deterrent against non-compliance and ensure that the regulatory framework operates effectively.