Canned Fruits Export Charges Regulations (Amendment)

Overview

The Statutory Rule 1952 No. 83, made under the Canned Fruits Export Charges Act 1926-1938, was introduced to amend the existing regulations concerning the collection of export charges for canned fruits. Enacted by the Governor-General in Council, this legislative instrument aimed to adjust the roles and responsibilities for the collection of these charges in South Australia and Western Australia. The primary purpose was to streamline the administrative process by changing the officials responsible for receiving the export charges from the Collector of Public Moneys within the Department of Commerce and Agriculture to the Collector of Customs in each respective state. This adjustment was intended to enhance efficiency and clarity in the collection process, reflecting the evolving administrative needs of the time.

Scope and Application

This statutory rule, made under the Canned Fruits Export Charges Act 1926-1938, modifies the Canned Fruits Export Charges Regulations by adjusting the designated officers to whom export charges are to be paid in South Australia and Western Australia. Specifically, the rule replaces the former Collector of Public Moneys, Department of Commerce and Agriculture, with the Collector of Customs in each of these states. This adjustment ensures that the regulatory framework for the collection of export charges aligns with the current administrative structures and practices, thereby maintaining the efficiency and effectiveness of the regulatory process. The regulation applies to all entities involved in the export of canned fruits from South Australia and Western Australia, ensuring that the updated procedures are followed to comply with the legislative requirements. The rule itself is a Commonwealth regulation, demonstrating the federal oversight of export charges related to canned fruits.

Key Provisions

The primary operative sections of this Statutory Rule (C1952L00083) involve the amendment of the Canned Fruits Export Charges Regulations under the Canned Fruits Export Charges Act 1926-1938. Specifically, Regulation 4 is amended to change the officers responsible for collecting moneys from exporters of canned fruits in South Australia and Western Australia. The rule replaces the previous "Collector of Public Moneys, Department of Commerce and Agriculture" with the "Collector of Customs" for these states, effective immediately upon the rule's enactment (Reg. 4). This alteration is intended to streamline the collection process by aligning it with customs procedures. Entities and parties governed by this Act, particularly exporters of canned fruits from South Australia and Western Australia, are now required to remit their export charges to the Collectors of Customs in Adelaide and Perth, respectively. This change in regulation mandates that these exporters update their records and processes to ensure compliance with the new administrative arrangements (Reg. 4). The Collectors of Customs will now handle the collection of these export charges, replacing the previous department. Breaches of this Statutory Rule, if any, could potentially lead to legal consequences. While the rule itself does not explicitly state the penalties for non-compliance, it is reasonable to infer that failure to adhere to the new regulations might result in administrative or financial penalties as outlined under the broader Canned Fruits Export Charges Act 1926-1938. Non-compliance could also lead to the imposition of civil or criminal penalties if the failure to remit charges is deemed to be wilful or fraudulent, with potential fines or other legal consequences as stipulated in the parent Act. The exact penalties would depend on the specific circumstances of the breach and the discretion of the court or administrative body handling the matter.