Apple and Pear Export Charges Regulations (Amendment)

Overview

Statutory Rules 1973 No. 115, made under the Apple and Pear Export Charges Act 1938-1968, was introduced to amend the existing Apple and Pear Export Charges Regulations, ensuring they reflect the current administrative structure and practices. This legislative instrument was enacted by the Governor-General of Australia, acting on the advice of the Executive Council, and came into effect on 1 July 1973. The primary aim of these regulations is to update the list of authorised officers who are eligible to receive payments related to the export charges, aligning with the roles within the Department of Primary Industry in each state capital. By replacing the outdated regulation, these amendments ensure the continued effective collection and administration of export charges, maintaining the integrity and functionality of the legislative framework established by the original Act.

Scope and Application

The Apple and Pear Export Charges Regulations 1973, enacted under the Apple and Pear Export Charges Act 1938-1968, apply to the export of apples and pears from Australia. These regulations specifically identify the individuals or entities responsible for the payment of export charges to the Collectors of Public Moneys in the capital cities of the states. The regulations are applicable on a national level, aligning with the federal structure of Australia. The regulations do not specify any exclusions or exemptions and are intended to cover all applicable exports of apples and pears. The scope of the regulations is extended through subordinate instruments, which may include further amendments or clarifications to ensure compliance with the overarching Act. The regulations came into operation on 1 July 1973, replacing and amending previous regulations to adapt to any changes in administrative procedures or requirements.

Key Provisions

The Apple and Pear Export Charges Regulations 1973, made under the Apple and Pear Export Charges Act 1938-1968, outline specific provisions for the payment of export charges related to apples and pears. Regulation 1 states that these Regulations come into operation on 1st July 1973. Regulation 2 repeals the previous Regulation 5 and replaces it with a new provision, specifying that each officer holding, or performing the duties of, the office of Collector of Public Moneys, Department of Primary Industry in the capital city of a State is a prescribed officer for the purposes of sub-section (3) of section 4 of the Act. This change effectively designates certain officers as responsible for receiving the export charges. Under these Regulations, the obligations placed on parties or entities governed by them include the requirement to ensure that export charges are correctly identified and paid to the designated officers. For example, exporters of apples and pears must now deal with the specified Collector of Public Moneys in the capital city of the relevant State to remit their charges. This ensures a streamlined process for collecting these charges, aligning with the Act’s aim to manage and regulate the export of these commodities efficiently. Failure to comply with the provisions of these Regulations may lead to legal consequences. Although the specific offences, penalties, or consequences are not detailed within the text provided, it can be inferred that breaches could lead to penalties under the overarching Apple and Pear Export Charges Act 1938-1968. Typically, such breaches could result in fines or other civil penalties as stipulated in the Act, although the exact penalties would need to be referred to in the primary legislation itself. The enforcement of these Regulations is crucial to maintain the integrity of the export charge collection process and to ensure compliance by all relevant parties.