STATUTORY RULES.
1954. No. 124.
REGULATIONS UNDER THE CANNED FRUITS EXPORT CHARGES ACT 1926-1952.*
WHEREAS by section 3 of the Canned Fruits Export Charges Act 1926-1952 it is enacted (inter alia) that a charge is imposed and shall be levied and paid on all canned fruits which are exported from the Commonwealth and that, subject to a lower rate being prescribed by the Regulations in respect of any of the kinds of canned fruits to which that Act applies, the rate of charge shall be one-fourth of a penny for each thirty ounces of canned fruits exported:
And whereas by section 4 of the Canned Fruits Export Charges Act 1926-1953 it is enacted (inter alia) that the Governor-General may, after report to the Minister by the Australian Canned Fruits Board constituted under the Canned Fruits Export Control Act 1926-1953, make Regulations for 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 on and after the first day January, One thousand nine hundred and fifty-five, the rate of charge should be Three-twenty-fourths of a penny for each thirty ounces of canned fruits (other than canned pineapple juice) exported and the rate of charge should be One-twelfth of a penny for each thirty ounces of canned pineapple juice exported:
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 1926-1952.
Dated this fifteenth day of December, 1954.
W. J. SLIM
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Commerce and Agriculture.
AMENDMENT OF THE CANNED FRUITS EXPORT CHARGES REGULATIONS.†
Commencement.
1. These Regulations shall come into operation on the first day of January, 1955.
* Notified in the Commonwealth Gazette on , 195 .
† Statutory Rules 1953, No. 9.
5668.—Price 3D. 9/10.12.1954.
Rates of charge.
2. Regulation 5 of the Canned Fruits Export Charges Regulations is amended—
(a) by omitting from paragraph (a) the words “One-twelfth of a penny” and inserting in their stead the words “Three-twenty-fourths of a penny”; and
(b) by omitting from paragraph (b) the words “One-twenty-fourth of a penny” and inserting in their stead the words “One-twelfth of a penny”.
Printed for the GOVERNMENT of the COMMONWEALTH by A. J. ARTHUR at the Government Printing Office, Canberra.
Overview
The Statutory Rules 1954, No. 124, were enacted to amend the Canned Fruits Export Charges Regulations under the Canned Fruits Export Charges Act 1926-1952. These regulations were introduced to address the need to adjust the export charges for canned fruits to reflect changes in the economic conditions and the recommendations of the Australian Canned Fruits Board. The Canned Fruits Export Charges Act 1926-1952 established a charge on all canned fruits exported from the Commonwealth, and authorised the Governor-General to set different rates for different types of canned fruits based on the Board's advice. The policy objective behind these regulations is to ensure that the export charges are fair and competitive, while also providing an adequate revenue stream to support the industry. The amendments were made by the Governor-General in Council, following the Board's report to the Minister of State for Commerce and Agriculture.
Scope and Application
The Canned Fruits Export Charges Regulations 1954, made under the Canned Fruits Export Charges Act 1926-1952, establish and modify the rates of export charges applicable to canned fruits leaving the Commonwealth of Australia. These regulations apply to all entities engaged in the export of canned fruits from Australia, which includes both individuals and companies. The scope of the Act is specifically focused on the exportation of canned fruits, and it is enforced at a national level across the Commonwealth. The regulations provide for varying rates of charges based on the type of canned fruit, with specific adjustments noted for canned pineapple juice. Notably, these regulations are subject to further amendments through subordinate instruments, allowing for adjustments in rates as recommended by the Australian Canned Fruits Board. The Act does not specify any exclusions or exemptions, applying uniformly to all canned fruit exports, unless otherwise adjusted by subsequent regulations.
Key Provisions
The Canned Fruits Export Charges Regulations 1954 establish specific rates for the export charge on canned fruits from Australia, as mandated under the Canned Fruits Export Charges Act 1926-1952. The primary provisions (sections 1 and 2) introduce new charge rates for canned fruits and canned pineapple juice, effective from 1 January 1955. Section 1 sets the date of commencement for these regulations, ensuring that they apply from the specified date. Section 2 amends Regulation 5, adjusting the charge rates: for canned fruits (excluding pineapple juice), the charge is set at three-twenty-fourths of a penny per thirty ounces, and for canned pineapple juice, it is set at one-twelfth of a penny per thirty ounces.
The regulations impose clear obligations on the entities involved in the export of canned fruits. Exporters must ensure that the appropriate charge is levied and paid for each batch of canned fruits exported from Australia. This involves calculating the charge based on the new rates provided in the regulations and ensuring that these charges are included in the export documentation. The Australian Canned Fruits Board, as referenced in section 4 of the Canned Fruits Export Charges Act 1926-1952, plays a crucial role in advising the Minister on the recommended charge rates, thereby influencing the adjustments made in these regulations.
Failure to comply with the new charge rates as outlined in these regulations can lead to significant legal consequences. While the specific penalties are not detailed within the text of the regulations themselves, breaches of export charge regulations can typically result in fines or other penalties under the broader legislative framework governing export activities in Australia. Exporters are, therefore, strongly advised to adhere to the stipulated rates to avoid any potential enforcement actions or financial repercussions.