STATUTORY RULES.
1952. No. 103.
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 1938-1948, 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 regulations hereunder, 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 Sixteenth day of December, 1952.
W. J. McKell
Governor-General.
By His Excellency’s Command,
Acting Minister of State for Commerce and Agriculture.
Amendment of the Apple and Pear Export Charges Regulations.†
Rate of Charges.
1. Regulation 3 of the Apple and Pear Export Charges Regulations is amended by omitting the words “one halfpenny” and inserting in their stead the words “Five-eighths of a penny”.
Commencement.
2. Regulation 1 of these Regulations shall come into operation on the first day of January, 1953.
* Notified in the Commonwealth Gazette on , 1952.
† Statutory Rules 1940, No. 5, as amended by Statutory Rules 1940, No. 57; 1949. No. 52; and 1952, Nos. 44 and 82.
By Authority: L. F. Johnston, Commonwealth Government Printer Canberra
4769.—Price 3d. 9/26.11.1952.
Overview
The Statutory Rules 1952 No. 103, known as the Regulations under the Apple and Pear Export Charges Act 1938-1947, were introduced to address the need for adjustments in the export charges on apples and pears from Australia. Enacted by the Governor-General in Council, these regulations respond to the Australian Apple and Pear Board's recommendation to lower the export charge rates, as authorised by section six of the Act. The Board's report to the Minister justified these amendments, aiming to make the charges more competitive while still supporting the apple and pear industry. The regulations specifically modify the rate of charges from one halfpenny to five-eighths of a penny, effective from the first day of January 1953. This legislative instrument underscores the policy objective of balancing industry needs with export competitiveness under the overarching framework of the Apple and Pear Export Charges Act.
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 charges imposed on the export of apples and pears from the Commonwealth of Australia. These regulations govern the rates of the charges, which are determined by the Australian Apple and Pear Board as reported to the Minister and subsequently approved by the Governor-General. The amendments, which come into effect from the first day of January 1953, adjust the rate of charges to five-eighths of a penny, down from one halfpenny, thereby prescribing lower rates for the export of these fruits. The geographic scope of these regulations is confined to the Commonwealth, thereby impacting all entities and persons involved in the export of apples and pears from Australia. No specific exclusions or exemptions are mentioned in the regulations themselves, although the application may be influenced by any overarching provisions of the parent act or subsequent subordinate instruments. These regulations thus ensure that the export charges are uniformly reduced as per the Board's recommendations and ministerial approval.
Key Provisions
The primary operative section of these Regulations, section 1, amends Regulation 3 of the Apple and Pear Export Charges Regulations. It changes the rate of export charges on apples and pears from one halfpenny to five-eighths of a penny. This change is intended to establish lower rates of charges imposed on any apples or pears exported from the Commonwealth, as authorised by section six of the Apple and Pear Export Charges Act 1938-1947. The amendment is set to take effect on the first day of January 1953, as stipulated in section 2.
The Act and these Regulations impose obligations and requirements on entities involved in the export of apples and pears from Australia. The Australian Apple and Pear Board must report to the Minister on the appropriate rates of export charges. Upon receiving this report, the Minister must consider it and, if appropriate, make regulations prescribing the rates of the charges. Exporters of apples and pears must adhere to the rates specified in these Regulations when exporting their produce. Failure to comply with these requirements could result in penalties or other legal consequences.
Under these Regulations, there are no explicit offences, penalties, or civil/criminal consequences mentioned for non-compliance. However, as with most legislative instruments, breaches of the Act or these Regulations could potentially lead to enforcement actions, fines, or other legal repercussions as prescribed by the broader legal framework governing export charges and regulations. The severity of such penalties would depend on the specific nature of the breach and the applicable laws at the time of the offence.