STATUTORY RULES.
1954. No. 121.
REGULATIONS UNDER THE APPLE AND PEAR EXPORT CHARGES ACT 1938-1947.*
WHEREAS by section six of the Apple and Pear Export Charges Act 1938-1947 it is enacted that the Governor-General may, after report to the Minister by the Australian Apple and Pear Board constituted under the Apple and Pear Organization Act 1938-1953, make regulations for prescribing lower rates of the charges imposed on any apples or pears exported from the Commonwealth:
And whereas the Board has reported to the Minister that the rates of the charges to be imposed on all apples and pears exported from the Commonwealth should be the rates prescribed by the Apple and Pear Export Charges Regulations, as amended by the following Regulations, being rates lower than the rates imposed by the Apple and Pear Export Charges Act 1938-1947:
Now therefore I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Apple and Pear Export Charges Act 1938-1947.
Dated this eighth day of December, 1954.
W. J. SLIM
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Commerce and Agriculture.
AMENDMENT OF THE APPLE AND PEAR EXPORT CHARGES REGULATIONS.†
Commencement.
1. These Regulations shall come into operation on the first day of January, 1955.
Rate of Charges,
2. Regulation 3 of the Apple and Pear Export Charges Regulations is amended by omitting the words “Five-eighths of a penny” and inserting in their stead the words “Three-quarters of a penny”.
* Notified in the Commonwealth Gazette on , 1954.
† Statutory Rules 1940, No. 5; as amended by Statutory Rules 1940, No. 57; 1949, No. 52; and 1952, Nos. 44, 82 and 103.
Printed for the GOVERNMENT of the COMMONWEALTH by A. J. ARTHUR
at the Government Printing Office, Canberra.
5197.—Price 3D. 9/22.11.1954.
Overview
The Apple and Pear Export Charges Act 1938-1947 was enacted to address the need for regulation of export charges on apples and pears leaving Australia. The Act empowered the Governor-General, following a report from the Australian Apple and Pear Board, to establish regulations for setting export charge rates. This legislative instrument, Statutory Rules 1954 No. 121, made under the Act by the Governor-General, specifies new lower rates for these export charges, effective from 1 January 1955. The policy objective is to adjust the export charge rates to levels that reflect the current economic conditions and market demands, as reported by the Board. This adjustment aims to ensure that the export charges remain fair and competitive while supporting the apple and pear industry.
Scope and Application
The Apple and Pear Export Charges Regulations 1954, as established under the Apple and Pear Export Charges Act 1938-1947, pertain to the rates of charges imposed on the export of apples and pears from the Commonwealth of Australia. These regulations apply to all entities and individuals involved in the export of these fruits from Australian territory, ensuring that the charges are uniformly applied to all such transactions. The geographic reach of these regulations is nationwide, covering all states and territories within the Commonwealth of Australia. The regulations amend the previously set rates, reducing the export charge from five-eighths of a penny to three-quarters of a penny per fruit. The regulations are subject to further modifications through subordinate instruments, allowing for adjustments in the future based on reports and recommendations from the Australian Apple and Pear Board, which is constituted under the Apple and Pear Organization Act 1938-1953.
Key Provisions
The primary operative sections of the Regulations under the Apple and Pear Export Charges Act 1938-1947, which are detailed in these Statutory Rules, pertain to the amendment of the rate of charges for the export of apples and pears from Australia. Section 1 of the Regulations establishes that these amended rates will come into effect on the first day of January, 1955. Section 2 modifies Regulation 3 of the original Apple and Pear Export Charges Regulations by changing the charge from "Five-eighths of a penny" to "Three-quarters of a penny" for each apple or pear exported from the Commonwealth.
These Regulations impose specific obligations on parties involved in the export of apples and pears. For example, exporters of these fruits are required to ensure that the correct charge, as amended by these Regulations, is paid for each fruit exported. The Australian Apple and Pear Board, which reported to the Minister as required by section six of the Apple and Pear Export Charges Act, must oversee and administer the implementation of these revised charges. The Board's role includes ensuring that the new rates are applied uniformly and accurately across all exports of apples and pears from Australia.
In terms of penalties and consequences for non-compliance with these Regulations, the statutory text does not explicitly detail the specific offences or penalties. However, it is reasonable to infer that failure to adhere to the prescribed rates and pay the correct export charges could lead to legal repercussions. Typically, breaches of such export regulations might result in fines or other penalties as stipulated by the overarching legislation or related Acts. The exact nature and extent of these penalties would be governed by the broader legal framework in which these Regulations operate.