APPLE AND PEAR EXPORT CHARGES.
No. 59 of 1938.
An Act to impose Charges upon the Export of Apples and Pears.
[Assented to 10th December, 1938.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Apple and Pear Export Charges Act 1938.
Commencement.
2. This Act shall commence on a date to be fixed by Proclamation.
Definition.
3. In this Act, “the Board” means the Australian Apple and Pear Board constituted under the Apple and Pear Organization Act 1938.
Charges on the export of apples and pears.
4.—(1.) Charges are imposed and shall be levied and paid on all apples and pears exported from the Commonwealth after the commencement of this Act.
(2.) Subject to a lower rate being prescribed by the regulations, the rate of the charges so imposed shall be Three farthings for each case, two half cases or three trays of apples or pears exported.
(3.) All amounts payable under this section in respect of any apples or pears shall be paid on or before the entry of the apples or pears for export to such officers as are prescribed.
Exemption from charges.
5.—(1.) The Governor-General may, from time to time, by order published in the Gazette, after report to the Minister by the Board, exempt any apples or pears from the charges imposed by or under this Act.
(2.) An exemption under this section may be unconditional or subject to such conditions as are specified in the order of exemption, and shall apply in respect of such period (if any) as is so specified.
(3.) The Governor-General may, by order published in the Gazette, cancel any exemption made under this section of any apples or pears from the charges imposed by or under this Act, and thereupon those charges shall, from the date fixed by the order, become payable in respect of those apples or pears.
Regulations.
6. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and, in particular, after report to the Minister by the Board, for prescribing lower rates of the charges imposed on any apples or pears exported from the Commonwealth.
Overview
The Apple and Pear Export Charges Act 1938 was enacted to address the need for imposing charges on the export of apples and pears from Australia, a matter considered necessary for the regulation and financial oversight of these exports. This Act was passed by the Parliament of the Commonwealth of Australia and received royal assent on 10th December 1938. The legislative intent is to levy charges on the export of apples and pears, providing a means to collect fees for the oversight and management of these exports, while also allowing for exemptions and variations in charge rates through subsequent regulations. This Act works in conjunction with the Apple and Pear Organization Act 1938, under which the Australian Apple and Pear Board is constituted to manage these exports.
Scope and Application
The Apple and Pear Export Charges Act 1938 applies to all apples and pears that are exported from the Commonwealth of Australia following the Act’s commencement, which is to be determined by a future proclamation. The Act imposes and mandates the payment of charges on the export of these fruits. It specifies a standard charge of three farthings per case, two half cases, or three trays of apples or pears, although this rate may be adjusted by regulation. Payments under the Act must be made to designated officers before the fruits are entered for export. The Act defines "the Board" as the Australian Apple and Pear Board established under the Apple and Pear Organization Act 1938. The Governor-General has the authority to exempt certain apples or pears from these charges, either unconditionally or with specified conditions, through orders published in the Gazette. These exemptions can be revoked by subsequent orders, thereby reinstating the charges on the specified fruits. Additionally, the Governor-General can make regulations that are not inconsistent with the Act to prescribe various matters necessary for its implementation, including the possibility of setting lower charge rates for certain apples or pears after consultation with the Board and the Minister.
Key Provisions
The Apple and Pear Export Charges Act 1938, as cited in section 1, establishes a legal framework for the imposition of export charges on apples and pears leaving the Commonwealth. Section 4(1) mandates that charges be levied on all exported apples and pears following the Act’s commencement, with the charge rate being three farthings per case, two half cases, or three trays, unless otherwise specified by regulation (Section 4(2)). Section 4(3) stipulates that these charges must be paid to designated officers before the apples or pears are entered for export. Furthermore, Section 5 allows the Governor-General to exempt specific apples or pears from these charges, either unconditionally or with specified conditions, and to revoke such exemptions as needed.
The obligations of the parties under this Act are detailed in the sections mentioned. The Board, as defined in Section 3, must report to the Minister regarding the imposition and exemption of charges, thereby ensuring compliance with the Act. Exporters of apples and pears are obligated to pay the prescribed charges to the appropriate officers before the export process begins. The Governor-General’s role is to oversee the exemption process, ensuring that any exemptions granted are in line with the Board’s recommendations and the overall objectives of the Act.
Section 6 empowers the Governor-General to enact regulations that facilitate the operation of the Act, including the specification of lower charge rates. These regulations must be consistent with the Act and serve to implement its provisions effectively. The Act also includes provisions for the Governor-General to cancel exemptions, ensuring that the charges are consistently applied as per the legislative intent. Failure to comply with the Act’s requirements, such as not paying the charges or exporting exempt produce without permission, could lead to legal consequences, though specific penalties are not detailed within the provided text.