STATUTORY RULES
1972 No.
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REGULATIONS UNDER THE CANNED FRUITS EXPORT CHARGES ACT 1926-1966.*
WHEREAS by section 3 of the Canned Fruits Export Charges Act 1926-1966 it is enacted that, amongst other things, a charge is imposed and shall be levied and paid on all canned fruits to which that Act applies which are exported from the Commonwealth and the rate of charge in respect of any canned fruits is the rate set out in the Schedule to that Act that applies to the canned fruits or such lower prescribed rate, if any, as applies to the canned fruits:
AND WHEREAS by section 4 of the Canned Fruits Export Charges Act 1926-1966 it is enacted, amongst other things, that the Governor-General may, after report to the Minister of State for Primary Industry by the Australian Canned Fruits Board constituted under the Canned Fruits Export Marketing Act 1963-1970, make regulations for prescribing lower rates of the charge imposed on any kind of canned fruits exported from the Commonwealth:
AND WHEREAS the Australian Canned Fruits Board has reported to the Minister of State for Primary Industry that the rates of charge in respect of canned fruits, other than canned pineapples, canned tropical fruit salad and canned pineapple juice, exported from the Commonwealth should be the rates set out in the Schedule to the Canned Fruits Export Charges Regulations as amended by these Regulations, being lower rates than the rates set out in the Schedule to the Canned Fruits Export Charges Act 1926-1966:
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 Canned Fruits Export Charges Act 1926-1966:
Dated this third day of October, 1972.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Sgd. Ian Sinclair
Minister of State for Primary Industry.
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Amendments Of The Canned Fruits Export Charges Regulations
Rates of Charge.
1. Regulation 5 of the Canned Fruits Export Charges Regulations is amended by inserting in sub-regulation (1.), before paragraph (b), the following paragraph:—
“ (a) in respect of canned fruits, other than canned pineapples, canned tropical fruit salad and canned pineapple juice—the rates set out in Part I. of the Schedule to these Regulations; ”.
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* Notified in the Commonwealth Gazette on 1972.
† Statutory Rules 1957, No. 73, as amended by Statutory Rules 1966. Nos. 54 and 179; and 1970, No. 65.
18498/72—PRICE 5c 10/24.8.1972
The Schedule.
2. The Schedule to the Canned Fruits Export Charges Regulations is amended by inserting before Part II. the following Part:—
Part I
Rates of Charge in respect of Canned Fruits other than canned pineapples, canned tropical fruit salad and canned pineapple juice
Weight of pack | Rate of charge |
Where the weight of the pack does not exceed 5 ounces…. | 0.25 cents per dozen containers |
Where the weight of the pack exceeds 5 ounces but does not exceed 11 ounces | 0.5 cents per dozen containers |
Where the weight of the pack exceeds 11 ounces but does not exceed 17 ounces | 1 cent per dozen containers |
Where the weight of the pack exceeds 17 ounces but does not exceed 24 ounces | 1.5 cents per dozen containers |
Where the weight of the pack exceeds 24 ounces……… | 2 cents per dozen containers and, in addition, 1.2 cents per dozen containers for each 16 ounces, or part of 16 ounces, by which the weight of the pack exceeds 31 ounces |
Application.
3. The rates of charge set out in Part I. of the Schedule to the Canned Fruits Export Charges Regulations as amended by these Regulations apply in respect of canned fruits, other than canned pineapples, canned tropical fruit salad and canned pineapple juice, exported from the Commonwealth on or after the first day of October, 1972.
Printed by Authority by the Government Printer of the Commonwealth of Australia
Overview
The Canned Fruits Export Charges Regulations 1972 (C1972L00159) were introduced to amend the rates of export charges imposed on canned fruits under the Canned Fruits Export Charges Act 1926-1966. Enacted by the Governor-General acting on the advice of the Federal Executive Council, these regulations were made in response to a report from the Australian Canned Fruits Board to the Minister of State for Primary Industry. The policy objective was to adjust the export charge rates for certain canned fruits, specifically excluding canned pineapples, canned tropical fruit salad, and canned pineapple juice, to lower rates than those previously set out in the Act. The changes aimed to reflect the market conditions and potentially enhance the competitiveness of Australian canned fruit exports.
These regulations specify new rates of charge for canned fruits based on the weight of the pack, applying from 1 October 1972. The amendments introduced a tiered rate structure for canned fruits, with charges varying from 0.25 cents to 2 cents per dozen containers, depending on the weight of the pack. By lowering the charges, the regulations sought to address the economic challenges faced by the canned fruit industry, facilitating smoother export processes and potentially boosting the sector's performance in international markets.
Scope and Application
The Canned Fruits Export Charges Act 1926-1966, as amended by the Canned Fruits Export Charges Regulations 1972, pertains to all canned fruits, excluding canned pineapples, canned tropical fruit salad, and canned pineapple juice, exported from the Commonwealth of Australia. The Act applies to any person or entity engaged in the export of such canned fruits. The geographic scope of this legislation is limited to the Commonwealth of Australia, meaning it applies nationally and not at the state or territory level. The Act imposes an export charge on the specified canned fruits, with the rates outlined in the Schedule to the Regulations, which vary based on the weight of the pack. The Regulations allow for the Governor-General to prescribe lower rates of charge on advice from the Australian Canned Fruits Board, as seen in the 1972 amendments, where rates were reduced for certain canned fruits. The Regulations further extend their application to cover exports occurring on or after 1 October 1972, thus setting a temporal boundary for their enforcement.
Key Provisions
The main operative sections of these Regulations, under the Canned Fruits Export Charges Act 1926-1966, establish new rates for the charge imposed on canned fruits, excluding canned pineapples, canned tropical fruit salad, and canned pineapple juice, exported from Australia. Regulation 5(1) of the Canned Fruits Export Charges Regulations has been amended to include a new paragraph (a) that specifies these new rates (Regulation 1). The amended rates are detailed in Part I of the Schedule to these Regulations (Regulation 2), which applies to canned fruits exported from Australia on or after 1 October 1972 (Regulation 3). The new rates are dependent on the weight of the pack, with charges ranging from 0.25 cents per dozen containers for packs not exceeding 5 ounces, up to 2 cents per dozen containers plus an additional 1.2 cents per dozen containers for each 16 ounces over 31 ounces.
These Regulations impose specific obligations on parties or entities involved in the export of canned fruits from Australia. Exporters must ensure that the applicable charge is levied and paid on all canned fruits, excluding canned pineapples, canned tropical fruit salad, and canned pineapple juice, exported from Australia on or after 1 October 1972. The charge rate must be based on the weight of the pack as specified in Part I of the Schedule to the Regulations. Additionally, exporters must comply with any other relevant provisions of the Canned Fruits Export Charges Act 1926-1966 and any other applicable legislation or regulations.
Breach of these Regulations, or failure to comply with the charges imposed under the Canned Fruits Export Charges Act 1926-1966, may result in civil or criminal penalties. Under the Act, any person who contravenes a provision of the Act or the Regulations may be liable to a penalty. The specific penalties for breach are not detailed in these Regulations, but they may include fines or other sanctions as prescribed by the Act or other relevant legislation. It is important for parties involved in the export of canned fruits to be aware of their obligations under these Regulations and to ensure compliance to avoid any potential penalties or legal consequences.