CANNED FRUITS EXPORT CHARGES.
No. 16 of 1929.
An Act to amend the Canned Fruits Export Charges Act 1926.
[Assented to 25th March, 1929.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Canned Fruits Export Charges Act 1929.
(2.) The Canned Fruits Export Charges Act 1926 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Canned Fruits Export Charges Act 1926-1929.
Charge on export of canned fruits.
2. Section three of the Principal Act is amended by omitting sub-section (3.) and inserting in its stead the following sub-section:—
“(3.) All moneys payable under this section in respect of any canned fruits shall be paid on or before the entry of those canned fruits for export to such officers in the respective States of the Commonwealth as are prescribed”.
3. After section three of the Principal Act the following section is inserted:—
Exemption from charges.
“3a.—(1.) The Governor-General may, from time to time, by order published in the Gazette, after report to the Minister by the
Canned Fruits Control Board constituted under the Canned Fruits Export Control Act 1926, exempt any canned fruits from the charges imposed by this Act.
“(2.) Any exemption under this section may be unconditional, or may be in respect of such period (if any), and subject to such conditions, as are specified in the order of exemption.
“(3.) The Governor-General may, by order published in the Gazette, cancel any exemption made under this section of any canned fruits from the charges imposed by this Act, and thereupon those charges shall, from the date fixed by the order, become payable in respect of those canned fruits”.
4. Section four of the Principal Act is repealed and the following section inserted in its stead:—
Regulations.
“4. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which are by this Act required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and, in particular, after report to the Minister by the Canned Fruits Control Board constituted under the Canned Fruits Export Control Act 1926, for prescribing lower rates of the charge imposed on canned fruits exported from the Commonwealth.”.
Overview
The Canned Fruits Export Charges Act 1929 was enacted by the Parliament of the Commonwealth of Australia to amend the Canned Fruits Export Charges Act 1926. This Act was introduced to address issues related to the export of canned fruits and the associated charges. The policy objective of this Act is to revise and refine the charge mechanism for the export of canned fruits, ensuring that the financial obligations are clearly defined and managed. The Act allows for the exemption of certain canned fruits from the charges, subject to the discretion of the Governor-General, and provides the authority to make regulations necessary for the effective implementation of the Act.
Scope and Application
The Canned Fruits Export Charges Act 1929 amends the Canned Fruits Export Charges Act 1926, establishing a charge on the export of canned fruits from Australia. The Act applies to all canned fruits exported from the Commonwealth, specifying that payment of these charges must be made prior to the entry of the fruits for export to prescribed officers in the respective states. The Act also provides for the exemption of certain canned fruits from these charges, which can be implemented by the Governor-General upon recommendation from the Canned Fruits Control Board, with exemptions potentially being either unconditional or conditional. Furthermore, the Act allows for the Governor-General to cancel any existing exemptions, thereby reinstating the charges for the specified canned fruits. The geographic reach of this legislation is national, applying across all states of the Commonwealth of Australia. The Act permits the Governor-General to make regulations that are necessary for the implementation and enforcement of the Act, including provisions for setting lower rates for certain canned fruit exports, subject to recommendations from the Canned Fruits Control Board.
Key Provisions
The Canned Fruits Export Charges Act 1929 (Act) amends the Canned Fruits Export Charges Act 1926 (Principal Act). Section 2 of the Act modifies the timing of when export charges for canned fruits must be paid, now requiring payment before the canned fruits are entered for export to the appropriate state officers (Section 2(3)). This change is intended to ensure that charges are settled before the goods leave the country, facilitating better financial control and tracking of export duties.
The Act introduces a new section, 3A, which allows the Governor-General to exempt certain canned fruits from the charges imposed by the Act, subject to conditions that may be specified in the exemption order (Section 3A(1) and (2)). This provision provides flexibility in managing export charges, potentially aiding in economic or strategic trade policies. Furthermore, the Governor-General has the authority to cancel any exemption orders, reinstating the charges for the exempted canned fruits from a specified date (Section 3A(3)). This ensures that any exemptions are temporary and can be revoked if circumstances change.
The Act imposes several obligations on parties involved in the export of canned fruits. Exporters must ensure that all applicable charges are paid to the relevant state officers before the entry of the canned fruits for export (Section 2(3)). Additionally, the Governor-General, in consultation with the Canned Fruits Control Board, has the responsibility to make orders for exemptions or cancellations of such exemptions, as well as to draft regulations necessary for implementing the Act (Section 3A and Section 4). The Canned Fruits Control Board must provide reports to the Minister, contributing to the decision-making process regarding exemptions and other regulatory matters (Section 3A(1) and Section 4).
Breaches of the Act can lead to various consequences. Non-compliance with the charge payment requirements can result in financial penalties or legal actions against the defaulting party. The Act does not explicitly detail specific penalties for non-compliance; however, under general legal principles, penalties for such breaches could include fines or legal enforcement actions. The Act’s regulatory framework, including the power to make exemptions and regulations, ensures that the export of canned fruits is managed effectively, maintaining compliance and adherence to the stipulated financial obligations.