Canned Fruits Assistance Regulations

Legislation au C1929L00096 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1929. No. 96.

 

REGULATIONS UNDER THE EXPORT GUARANTEE ACT 1924-1925.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Export Guarantee Act 1924-1925, to come into operation forthwith.

Dated this twenty-eighth day of August, 1929.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

T. PATERSON

Minister for Markets and Transport.

 

Canned Fruits Assistance Regulations.

Short title.

1. These Regulations may be cited as the Canned Fruits Assistance Regulations.

Definition.

2. In these Regulations, unless the contrary intention appears—

“Assistance” means assistance under section five of the Export Guarantee Act 1924-1925, in respect of clingstone peaches canned in the Commonwealth during the period commencing on the first day of January and ending on the thirty-first day of May in any one year, and exported to Great Britain from the Commonwealth on or before the thirty-first day of December of the year in which the fruits are canned.

Claims for assistance.

3. Any claim for assistance shall be in accordance with the form in the Schedule to these Regulations, and shall be rendered in duplicate to the Secretary, Department of Markets and Transport.

Accounts to be kept.

4.—(1) Each claimant for assistance shall keep proper and separate books of account showing in detail—

(a) the quantity of clingstone peaches, apricots and pears purchased by the claimant;

(b) the amount paid to each grower for clingstone peaches, apricots and pears;

(c) the name and address of the grower from whom the clingstone peaches, apricots and pears were purchased; and

(d) such other particulars as the Minister from time to time requires.

(2) All account books kept under this regulation by a claimant for assistance and all documents in the possession or under the control of the claimant relating to canned clingstone peaches, apricots and pears shall at all reasonable times be open to inspection and audit by any person authorized in that behalf by the Minister, and that person may, upon inspection or audit, make and take away extracts from those books of account and documents.

Repeal.

5. The Canned Fruits Assistance Regulations (being Statutory Rules 1928, No. 39) are repealed.


SCHEDULE.

 

Commonwealth of Australia.

Export Guarantee Act 1924-1925.

CLAIM FOR ASSISTANCE ON EXPORTATION OF CANNED CLINGSTONE PEACHES.

(a) Insert name and full address.

Dr. to (a)                                                                   Financial year 19                            , State of

I hereby claim assistance under section five of the Export Guarantee Act 1924-1925 in respect of Canned Clingstone Peaches produced by me at my factory during the period commencing on the first day of January, 19              , and ending on the thirty-first day of May, 19                            , and exported by me to Great Britain per s.s.                                                        on

Factory Situated at.

Number of Dozen, Size and Description of Canned Clingstone Peaches on which Assistance is claimed.

Rate of Assistance claimed.

Amount of Assistance claimed.

 

 

 

 

Total:—£......................................................

……………………….....................pounds.................................shillings....................................pence.

Signature of Claimant.

In connexion with this claim the following additional particulars are furnished:—

(b) Insert name and full address of purchaser.

(c) State name and address of seller.

(1) The Canned Clingstone Peaches were purchased by (b)

(2) The price per dozen oz. tins at which the Canned Clingstone Peaches have been sold by (c)                                          to the purchaser is as follows:—

(i) Gross price per dozen oz. tins c.i.f. or f.o.b.

(ii) Deductions from gross price by way of—

(a) Discount.

(b) Commission.

(c) Brokerage.

(d) Rebate.

(e) Any other allowances.

(d) Full name and address of seller.

(e) State name and address of canner.

(3) The net price per dozen f.o.b. Australian port received or to be received by (d)  is

 (4) The growers of the fresh fruit used in all canned clingstone peaches, apricots and pears manufactured by (e)                                                                                                                              during the 19                            season have received payment from (e)                                                                                                                               for such fresh fruit at not less than £               per ton.

This rate shall—

(a) where the cannery is situated outside a metropolitan area, include the cost of delivery to the cannery; and

(b) where the cannery is situated in a metropolitan area, include cost of delivery at the railway station most convenient to the orchard where the fruit is grown.

Officer’s Certificates.

I certify that to the best of my knowledge and belief, after due inquiry, the particulars and statements declared to in the claim for assistance are true and correct, and that the claimant is entitled to assistance on the goods specified in the claim.

Officer of Department of Markets and Transport.

Date / / .

I certify that this account is correct within the meaning of section 34 of the Audit Act 1901-1926.

Certifying Officer.

Date / / .


Commonwealth of Australia.

STATUTORY DECLARATION.

I,     of      do solemnly and sincerely declare—

(a) Description of person making declaration.

(b) Name of manufacturer.

(1) That I am (a)

(2) That (b)    was the producer of the canned clingstone peaches specified in the claim for assistance.

(3) That the canned clingstone peaches were produced by the said (b)                 at the factory mentioned in this claim for assistance.

(4) That the particulars contained in this claim for assistance are correct.

(5) That no other claim for assistance has been made nor has any assistance been granted under the Export Guarantee Act 1924-1925 in respect of the export of canned clingstone peaches specified in this claim for assistance.

(c) Signature of person making declaration.

(d) Signature of person before whom declaration is made.

(e) Here insert title of person before whom declaration is made. That person must be a Police Stipendiary or Special Magistrate, a Justice of the Peace, a Commissioner for Affidavits, a Commissioner for Declarations or a Notary Public.

And I make this solemn declaration by virtue of the Statutory Declarations Act 1911, conscientiously believing the statements contained therein to be true in every particular.

(c)

Declared at    on the      day of                                                                                    One thousand nine hundred and                                                                      Before me—                                                        (d)

(e)

Note.—Any person who wilfully makes a false statement in a statutory declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.

 

By Authority: H. J. Green, Government Printer, Canberra.

Overview

The Canned Fruits Assistance Regulations 1929 were made under the Export Guarantee Act 1924-1925 by the Governor-General in Council, acting on the advice of the Minister for Markets and Transport. The Regulations aim to provide assistance for the export of canned clingstone peaches from Australia to Great Britain, addressing the need to support and incentivise the canning industry by ensuring fair prices for growers and efficient export processes. The policy objective is to facilitate and enhance the export of canned fruits, thereby supporting the agricultural sector and ensuring the economic viability of fruit canning businesses.

Scope and Application

The Canned Fruits Assistance Regulations are subordinate legislation made under the Export Guarantee Act 1924-1925 and apply specifically to the export of clingstone peaches canned in Australia between January 1 and May 31 of any given year, and subsequently exported to Great Britain by December 31 of that year. The Act applies to individuals and entities involved in the production, purchase, and export of canned clingstone peaches. These include cannery operators, growers, and exporters, all of whom must comply with the record-keeping and reporting requirements set out in the Regulations. The geographic scope of the Act is limited to the Commonwealth of Australia, with exports directed specifically to Great Britain. The Regulations provide a framework for claims of assistance under the Export Guarantee Act, requiring claimants to submit detailed documentation and maintain accurate records. The necessity for statutory declarations and officer certifications underscores the importance of accuracy and integrity in the claims process. The Regulations also allow for inspections and audits of the relevant accounts and documents by authorised officers. There are no explicit exclusions or exemptions outlined in the Regulations; however, they do specify the detailed procedures and forms necessary for making a claim for assistance.

Key Provisions

The Canned Fruits Assistance Regulations (No. 96 of 1929) under the Export Guarantee Act 1924-1925 govern the process for claiming assistance on the export of canned clingstone peaches from Australia to Great Britain. These regulations outline the specific requirements and procedures for making a claim for assistance (section 3). Claimants must submit their claims in a form provided in the Schedule to these regulations and must do so in duplicate to the Secretary of the Department of Markets and Transport. To substantiate their claims, claimants are required to maintain detailed and separate records of their transactions (section 4). These records must include details such as the quantity of clingstone peaches, apricots, and pears purchased, the amount paid to each grower, and the names and addresses of the growers from whom these fruits were purchased. Additionally, these records must be available for inspection and audit by authorised personnel at any reasonable time. The obligations imposed by these regulations are significant. Claimants must ensure that they provide accurate and complete information in their claims, supported by detailed records that can be audited. Failure to maintain these records or to provide accurate information can lead to complications in processing the claim or even disqualification from receiving the assistance. The regulations also mandate that all relevant documents and account books be made available for inspection and audit, thereby ensuring transparency and accountability in the claims process. Failure to comply with the provisions of these regulations can lead to serious consequences. Under the Statutory Declarations Act 1911, any person who wilfully makes a false statement in a statutory declaration is guilty of an indictable offence and is liable to imprisonment for up to four years. This penalty underscores the seriousness with which the law regards the integrity of the claims process and the importance of truthful and accurate reporting. Such a provision serves as a deterrent against fraudulent activities and ensures that the assistance provided under the Export Guarantee Act is fairly and appropriately allocated.

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Area of Law
Commercial Law
Instrument
Regulation
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Definitions & Interpretation
Reporting & Disclosure Obligations
Accounts to be kept

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.