STATUTORY RULES.
1945. No. 5.
REGULATION UNDER THE CANNED FRUITS EXPORT CHARGES ACT 1926-1938.*
WHEREAS by section 4 of the Canned Fruits Export Charges Act 1926-1938, it is enacted that the Governor-General may, after report to the Minister by the Australian Canned Fruits Board constituted under the Canned Fruits Export Control Act 1926-1938, make Regulations prescribing lower rates of the charge imposed on any kind of canned fruits exported from the Commonwealth:
And whereas the Board has reported to the Minister that the rate of charge to be imposed on canned fruits exported from the Commonwealth should be as prescribed by the Canned Fruits Export Charges Regulations, as amended by the Regulation hereunder:
Now therefore I, the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Canned Fruits Export Charges Act 1926-1938.
Dated this tenth day of January, 1945.
W. DUGAN
Administrator.
By His Excellency’s Command,
W. J. SCULLY
Minister of State for Commerce and Agriculture.
Amendment of the Canned Fruits Export Charges Regulations. †
Regulation 3 of the Canned Fruits Export Charges Regulations is amended by omitting the word “one-twelfth” and inserting in its stead the word “one-sixth”.
* Notified in the Commonwealth Gazette on 12th January, 1945.
† Statutory Rules 1927, No. 14, as amended by Statutory Rules 1929, No. 42; 1938, No. 114; and 1942, No. 433.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
7390.—Price 3d.
Overview
The Canned Fruits Export Charges Act 1926-1938 was enacted to establish a framework for the regulation of export charges imposed on canned fruits leaving the Commonwealth of Australia. This Act allowed for the imposition of specific charges on canned fruits exported from Australia, subject to the discretion of the Governor-General, who could set these charges following a report from the Australian Canned Fruits Board. The primary purpose of the Act was to provide a mechanism for the collection of export charges, which could be used to support the industry and regulate the export market. The Act was introduced by the Parliament of Australia, with the intention of ensuring that the export of canned fruits from Australia was managed in a way that benefited both the industry and the broader economy.
The Canned Fruits Export Charges Regulations, 1945, were enacted under the authority of the Act to provide detailed rules for the imposition and collection of these export charges. The regulations were amended in 1945 to adjust the rates of the charges, reflecting changes in the economic conditions or the needs of the industry. The policy objective behind these amendments was to ensure that the export charges remained fair and reflective of the current market conditions, while still supporting the growth and sustainability of the canned fruits industry in Australia.
Scope and Application
The Canned Fruits Export Charges Act 1926-1938 applies to the regulation of charges imposed on the export of canned fruits from the Commonwealth of Australia. This legislation pertains specifically to entities and persons involved in the exportation of canned fruits, thereby impacting the food and beverage industry within the country. The Act's regulatory scope is confined to the Commonwealth, meaning it operates at a national level and does not extend to state or territory jurisdictions. The Act authorises the Governor-General to establish lower rates of charge for canned fruits exported from the Commonwealth, following a report from the Australian Canned Fruits Board. This legislative instrument allows for amendments to be made through subordinate instruments, such as the Canned Fruits Export Charges Regulations, as evidenced by the amendment to Regulation 3 in 1945, which adjusted the charge rate from one-twelfth to one-sixth. These regulations are designed to ensure that the export of canned fruits is managed efficiently and that appropriate charges are levied to support the industry.
Key Provisions
The operative sections of this legislative instrument pertain to the amendment of the Canned Fruits Export Charges Regulations, specifically altering Regulation 3. This regulation adjusts the rate of charge imposed on canned fruits exported from the Commonwealth. Under the original Regulation 3, the charge was set at one-twelfth of a pound for every 24 cans of canned fruit. The amendment changes this rate to one-sixth of a pound per 24 cans, effectively doubling the charge. This amendment is intended to reflect changes in economic conditions or other factors that necessitate an adjustment in the export charge rates.
The Act imposes specific obligations on the parties involved in the export of canned fruits. These obligations include adherence to the revised charge rates as stipulated in the amended Regulation 3. Exporters must ensure that they are paying the correct charge rates as prescribed by the updated regulations. The Australian Canned Fruits Board, which reports to the Minister, plays a crucial role in monitoring compliance with these rates and ensuring that exporters are aware of and adhere to the new charges.
Failure to comply with the amended regulations may result in legal consequences. While the legislation itself does not explicitly detail the specific offences, penalties, or consequences for breach, the Canned Fruits Export Charges Act 1926-1938 and associated regulations typically include provisions for penalties and enforcement actions. Generally, breaches of such regulations could lead to financial penalties, legal action, or other administrative consequences. Given the nature of the amendments and their economic implications, it is reasonable to infer that non-compliance could attract serious scrutiny and potential fines, reflecting the importance of adhering to the stipulated charge rates.