Canned Fruits Export Charges Regulations (Amendment)

Overview

Statutory Rules 1973 No. 116, made under the Canned Fruits Export Charges Act 1926-1966, amends the Canned Fruits Export Charges Regulations. Enacted by the Governor-General of Australia, Paul Hasluck, acting on the advice of the Executive Council, these regulations address a specific gap in the existing framework by clarifying the officers responsible for receiving export charges. The regulations were designed to streamline the administrative process and ensure compliance with the Act by clearly identifying the authorised officers. This legislative instrument was published in the Commonwealth Gazette on 21 June 1973 and came into effect on 1 July 1973. The policy objective is to ensure accurate collection of export charges for canned fruits, maintaining an efficient export system.

Scope and Application

The Canned Fruits Export Charges Regulations 1973, enacted under the Canned Fruits Export Charges Act 1926-1966, apply to entities and persons involved in the export of canned fruits from Australia. Specifically, the Regulations establish the procedural framework for the collection of export charges on canned fruits, outlining the roles and responsibilities of the Collectors of Public Moneys within the Department of Primary Industry in each state capital. These Regulations are effective nationally across all states and territories, reflecting the Commonwealth's jurisdiction in regulating export activities. The Regulations refine the scope of prescribed officers to whom export charge monies are to be paid, limiting the role to those holding or performing the duties of the Collector of Public Moneys in the capital city of a state. The changes made by these Regulations are confined to the amendment of Regulation 6, which replaces previous definitions and narrows the scope of authorised officers for the payment of export charges.

Key Provisions

The main operative sections of the Regulations under the Canned Fruits Export Charges Act 1926-1966 concern the payment of export charges for canned fruits. Regulation 6 specifies the officers to whom these charges are to be paid. Section 1 indicates that the Regulations come into effect on 1 July 1973. Section 2 repeals the previous Regulation 6 and substitutes a new one, which identifies the officers who are authorised to receive these export charges. Specifically, it states that any officer holding or performing the duties of the Collector of Public Moneys in the Department of Primary Industry in the capital city of a state is considered a prescribed officer for the purposes of the Act. These Regulations impose obligations on entities involved in the export of canned fruits, particularly those responsible for paying the export charges. According to Regulation 6, these entities must ensure that the export charges are paid to the appropriate officer, namely the Collector of Public Moneys in the Department of Primary Industry located in the capital city of the relevant state. This requirement ensures that the export charges are properly collected and accounted for, thereby enabling the enforcement of the Act. The Regulations also outline potential consequences for non-compliance. While the specific offences, penalties, or civil/criminal consequences are not detailed in the text, the nature of the Act suggests that failure to comply with the requirements for payment could lead to legal actions. These might include fines or other penalties imposed under the authority of the Act. Additionally, ongoing non-compliance could result in legal proceedings to enforce the payment of due charges or to address any related breaches of the Act.