Apple and Pear Export Charges Regulations (Amendment)

Overview

The Apple and Pear Export Charges Regulation 1952 (C1952L00082) was enacted to amend the Apple and Pear Export Charges Regulations, which were themselves established under the Apple and Pear Export Charges Act 1938-1947. This regulation specifically addresses the need to update the designated officers responsible for collecting export charges for apples and pears in South Australia and Western Australia. The Apple and Pear Export Charges Act 1938-1947 was introduced to provide for the collection of export charges on apples and pears to ensure that the apple and pear industry could be supported and developed effectively. The enacting body for this regulation is the Governor-General in Council, reflecting the legislative process of the time. The policy objective of these regulations is to streamline the administrative processes associated with the collection of export charges, ensuring that they are handled efficiently by the appropriate authorities.

Scope and Application

The Apple and Pear Export Charges Regulations 1952, made under the Apple and Pear Export Charges Act 1938-1947, apply to the collection of export charges for apples and pears exported from Australia. This legislative instrument targets entities and individuals involved in the export of these fruits, specifically designating the Collector of Customs in Adelaide and Perth as the officers responsible for receiving the export charges. The Regulations are of a Commonwealth nature, binding across the relevant states, and have been amended to refine the administrative process for charge collection. These Regulations do not specify any exclusions or exemptions from the scope of the charges but update the administrative responsibility from the Department of Commerce and Agriculture to the Collector of Customs. The application of these Regulations may also be extended or restricted through further subordinate instruments, ensuring compliance with evolving trade practices and administrative needs.

Key Provisions

The Apple and Pear Export Charges Regulations 1952, made under the Apple and Pear Export Charges Act 1938-1947, primarily amend the designation of the officer responsible for collecting export charges for apples and pears. Specifically, Regulation 4 has been revised to change the collector of these charges from the "Collector of Public Moneys, Department of Commerce and Agriculture" to the "Collector of Customs" in both South Australia and Western Australia. This modification streamlines the process by assigning the responsibility of collecting export charges directly to the customs authorities, likely to enhance efficiency and accountability in the collection process. Under these regulations, the Collector of Customs in Adelaide, South Australia, and the Collector of Customs in Perth, Western Australia, are now responsible for collecting the export charges for apples and pears. This change implies a shift in administrative duties, ensuring that the collection process aligns more closely with customs procedures, which might include customs clearance and border control activities. The Collector of Customs is mandated to handle these charges as part of their duties, and this responsibility is clearly delineated in the regulations. Failure to comply with these regulations or any breach of the duties assigned to the Collector of Customs could lead to legal consequences. Although the specific penalties are not detailed in the legislative instrument itself, breaches of regulations made under the Apple and Pear Export Charges Act 1938-1947 could result in fines or other penalties as prescribed by the parent act or other relevant legislation. The act may provide for enforcement actions, including administrative penalties or legal proceedings, to ensure compliance with the stipulated requirements. It is essential for the Collector of Customs to adhere strictly to the provisions of these regulations to avoid any legal repercussions.