Canned Fruits Export Charges Act 1938

Overview

The Canned Fruits Export Charges Act 1938, enacted by the Parliament of the Commonwealth of Australia, serves as an amendment to the Canned Fruits Export Charges Act 1926-1935. This Act was introduced to address the need for updating references within the original legislation to reflect the establishment of the Australian Canned Fruits Board, which was constituted under the Canned Fruits Export Control Act 1926-1938. The primary objective of this Act is to ensure that the references in the Principal Act align with the current legislative framework governing the export control of canned fruits, thereby maintaining consistency and legal clarity. By enacting this amendment, the Parliament aimed to streamline the administration of export charges and to adapt to the changing organisational structure within the industry.

Scope and Application

The Canned Fruits Export Charges Act 1938 amends the Canned Fruits Export Charges Act 1926-1935, and it applies to the export of canned fruits from Australia. The Act modifies the Principal Act by substituting references to the "Australian Canned Fruits Board constituted under the Canned Fruits Export Control Act 1926-1938" in place of the "Canned Fruits Control Board constituted under the Canned Fruits Export Control Act 1926." The legislation pertains to entities involved in the export of canned fruits and those regulated by the Australian Canned Fruits Board. Its jurisdictional reach is Commonwealth-wide, thereby applying uniformly across Australia. The Act specifies amendments to charges and regulations concerning canned fruit exports but does not explicitly state exclusions, exemptions, or thresholds. The application of the Act may be further defined or extended through subordinate instruments, such as regulations or orders made under the authority of the Act.

Key Provisions

The Canned Fruits Export Charges Act 1938 primarily amends the Canned Fruits Export Charges Act 1926-1935 by updating references to the Canned Fruits Control Board to the Australian Canned Fruits Board under the Canned Fruits Export Control Act 1926-1938. Section 2 of the Act removes references to the Canned Fruits Control Board and replaces them with the Australian Canned Fruits Board in Section 3(a) of the Principal Act, while Section 3 does the same for Section 4 of the Principal Act. These changes ensure that the references within the Act align with the updated nomenclature and governance structure as outlined in the newer control act. The Canned Fruits Export Charges Act 1938 imposes specific obligations on the Australian Canned Fruits Board, which now holds the responsibilities previously assigned to the Canned Fruits Control Board. This includes the administration and enforcement of export charges related to canned fruits, as well as the ability to make regulations governing these charges. The Act mandates that all references to the Canned Fruits Control Board are to be read as the Australian Canned Fruits Board, ensuring that the updated authority is clearly acknowledged and adhered to in all legal contexts. In terms of potential breaches and the consequences thereof, the Canned Fruits Export Charges Act 1938 does not explicitly detail offences, penalties, or consequences within the text provided. However, it is reasonable to infer that non-compliance with the regulations set forth by the Australian Canned Fruits Board could lead to legal action, including fines or other penalties as prescribed under the relevant sections of the Canned Fruits Export Control Act 1926-1938. The exact penalties would be determined based on the specific nature of the breach and the provisions of the overarching control act.