Apple and Pear Export Charges Regulations (Amendment)

Overview

The Apple and Pear Export Charges Act 1938 was enacted by the Australian Commonwealth Parliament to establish a regulatory framework for export charges on apples and pears, thereby ensuring that the revenue generated from these charges was appropriately managed and allocated. The Act was introduced to address the need for a structured system to collect and administer export charges, ensuring that the proceeds were directed towards specific purposes aligned with the interests of the apple and pear industry and the broader economic objectives of the nation. The policy objective, as implied by the legislative intent, was to create a reliable and efficient mechanism for collecting export charges while facilitating the growth and development of the apple and pear export industry. The Statutory Rules of 1940, No. 57, made under the authority of the Act, further refined the administrative processes by amending the Apple and Pear Export Charges Regulations. This particular regulation updated the designated officers responsible for collecting the export charges in Queensland, transitioning the responsibility from the Department of Commerce to the Department of Agriculture and Stock. This change aimed to streamline the collection process and align it more closely with the agricultural sector, reflecting a policy shift towards integrating agricultural administration with export charge management.

Scope and Application

This statutory regulation, made under the Apple and Pear Export Charges Act 1938, applies to the collection of export charges related to apples and pears within Australia. The regulation amends the Apple and Pear Export Charges Regulations to specify the correct officer responsible for receiving payments in Queensland, changing the designation from the Collector of Public Moneys, Department of Commerce, Brisbane, to the Collector of Public Moneys for the Commonwealth, Department of Agriculture and Stock, Brisbane. The amendment ensures that the appropriate government entity is designated for the receipt of these charges, thereby maintaining compliance with the legislative framework governing the export of apples and pears. The geographic scope of this regulation is limited to Queensland, focusing on the administrative processes concerning export charges within this state, while the broader application of the Act would cover the entire Commonwealth of Australia. The regulation does not introduce new exclusions or exemptions but refines the existing administrative structure to ensure clarity and efficiency in the collection process.

Key Provisions

The key provision of this regulation is the amendment of Regulation 4 of the Apple and Pear Export Charges Regulations (Reg. 4). This amendment changes the officer responsible for receiving export charges in Queensland from the Collector of Public Moneys, Department of Commerce, Brisbane, to the Collector of Public Moneys for the Commonwealth, Department of Agriculture and Stock, Brisbane (Reg. 4). The regulation clarifies where export charges for apples and pears should be directed in Queensland, ensuring that the appropriate government department is responsible for collecting these charges. This amendment imposes specific obligations on exporters of apples and pears from Queensland. Exporters must now direct their export charge payments to the Collector of Public Moneys for the Commonwealth within the Department of Agriculture and Stock, Brisbane (Reg. 4). This change in the designated officer for receiving charges ensures that the correct department is responsible for the collection and management of these export charges. Failure to comply with the amended regulation by directing payments to the incorrect officer could result in civil or administrative penalties. Although the specific penalties are not detailed in the regulation, non-compliance could lead to enforcement actions to ensure that the correct department receives the required export charges. It is essential for exporters to adhere to the amended regulation to avoid any potential legal repercussions or financial penalties.