Apple and Pear Export Charges Regulations

Overview

The Apple and Pear Export Charges Act 1938-1957 was enacted to impose and levy export charges on apples and pears exported from the Commonwealth. This legislation was a response to the need for a structured and regulated system to manage export duties on these agricultural products. The Act was established by the Commonwealth Parliament, with the policy objective of ensuring that the export of apples and pears is subject to a formal charge structure that can be managed and adjusted as necessary. In line with this, Statutory Rules 1958, No. 81, the Apple and Pear Export Charges Regulations, were introduced to specify the rates of these charges. These regulations were made by the Governor-General on the advice of the Federal Executive Council and came into effect on 1 January 1959, replacing the previous set of regulations from 1957. The new rates were determined following a report from the Australian Apple and Pear Board, which recommended lower rates for the export of these fruits.

Scope and Application

The Apple and Pear Export Charges Regulations, made under the Apple and Pear Export Charges Act 1938-1957, apply to all entities involved in the export of apples and pears from the Commonwealth of Australia, specifically targeting the charges levied on these exports. The Regulations establish a reduced rate of charge, effective from January 1, 1959, specifying One and three-quarters pence for each case, two half cases, or three trays of apples or pears exported. The legislation encompasses a broad geographic scope, applying nationally across the Commonwealth, and designates certain officers as prescribed officers responsible for collecting these charges, including Collectors of Public Moneys and Collectors of Customs in various states. The Regulations also repeal previous regulations, ensuring that the updated charge rates are the governing standards moving forward.

Key Provisions

The Apple and Pear Export Charges Regulations (1958) set out the charges to be levied on the export of apples and pears from Australia. The key provision (section 5) specifies that the charge will be One and three-quarters pence for each case, two half cases, or three trays of fruit exported. This rate is a reduction from the previously imposed rate of two pence per case. The regulations also identify the officers responsible for collecting these charges, which include various Collectors of Public Moneys and Collectors of Customs across different states (section 6). These Regulations impose obligations on exporters of apples and pears to pay the specified export charge to the prescribed officers listed. Exporters must ensure that they remit the correct amount of charge as per the specified rate for each unit of fruit exported. Furthermore, the Regulations specify the exact officers who are authorised to collect these charges, which includes Collectors of Public Moneys in Sydney, Melbourne, and Brisbane, as well as Collectors of Customs in South Australia, Western Australia, and Tasmania. The Regulations do not explicitly outline any specific offences, penalties, or consequences for non-compliance within their text. However, any breach of the requirements to pay the export charge or non-compliance with the regulations could potentially lead to civil or criminal liabilities under the overarching Apple and Pear Export Charges Act 1938-1957. These could include fines or other penalties as prescribed by the Act. The exact nature and severity of these consequences would need to be assessed in the context of the broader legislative framework provided by the Act.