CANNED FRUITS EXPORT CONTROL.
No. 28 of 1938.
An Act to amend the Canned Fruits Export Control Act 1926-1935.
[Assented to 6th July, 1938.]
[Date of commencement, 3rd August, 1938.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation
1.—(1.) This Act may be cited as the Canned Fruits Export Control Act 1938.
(2.) The Canned Fruits Export Control Act 1926-1935 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Canned Fruits Export Control Act 1926-1938.
Definitions.
2. Section three of the Principal Act is amended by omitting from the definition of “the Board” the words “Canned Fruits Control Board” and inserting in their stead the words “Australian Canned Fruits Board”.
Australian Canned Fruits Board.
3. Section four of the Principal Act is amended by omitting from sub-section (1.) the words “Canned Fruits Control Board” and inserting in their stead the words “Australian Canned Fruits Board”.
Annual report.
4. Section twenty-eight of the Principal Act is amended by omitting from sub-section (1.) the words “in the month of July” and inserting in their stead the words “not later than the thirtieth day of September”.
Saving.
5. The Australian Canned Fruits Board shall be constituted of the persons who, immediately prior to the commencement of this Act, were the members of the Canned Fruits Control Board constituted under section four of the Principal Act and each of those persons shall be a member of the Australian Canned Fruits Board—
(a) in the case of a member appointed in pursuance of paragraph (a), (d) or (e) of sub-section (2.) of section four of the Principal Act—during the pleasure of the Governor-General; and
(b) in the case of an elected member—subject to sub-section (7.) of section four of the Principal Act, for a period of two years from the date of his election.
Overview
The Canned Fruits Export Control Act 1938 was enacted to amend the existing Canned Fruits Export Control Act 1926-1935, addressing certain gaps and inefficiencies within the regulatory framework governing the export of canned fruits from Australia. This legislation was enacted by the Parliament of the Commonwealth of Australia and received royal assent on 6th July 1938, with the provisions commencing on 3rd August 1938. The primary objective of this Act was to refine the governance structure and reporting requirements of the Australian Canned Fruits Board, previously known as the Canned Fruits Control Board, ensuring that the regulatory body could more effectively manage and oversee the export of canned fruits. The Act also included provisions to maintain continuity in the membership of the Board during the transition from the Canned Fruits Control Board to the Australian Canned Fruits Board.
Scope and Application
The Canned Fruits Export Control Act 1926-1938, as amended by the Canned Fruits Export Control Act 1938, applies to the control and regulation of the export of canned fruits from Australia. It specifically governs the activities of the Australian Canned Fruits Board, which is responsible for the administration and enforcement of the provisions of the Act. The Act applies nationally across the Commonwealth of Australia and encompasses all entities involved in the production, processing, and exporting of canned fruits. It does not specify exclusions or exemptions but rather regulates the entire industry to ensure quality and compliance with export standards. The Act also extends its application through subordinate instruments, which may include regulations or guidelines issued by the Australian Canned Fruits Board to further define the scope and operational details of the legislation. These instruments provide additional mechanisms for the Board to implement and enforce the provisions of the Act effectively.
Key Provisions
The Canned Fruits Export Control Act 1938 primarily amends the Canned Fruits Export Control Act 1926-1935, introducing significant changes that affect the oversight and management of canned fruit exports. The key provisions include the renaming of the Canned Fruits Control Board to the Australian Canned Fruits Board (Section 3), and adjustments to the timing of the annual report submission from July to September (Section 4). Additionally, the Act ensures the continuity of existing board members, maintaining their roles and tenure as stipulated in the original act (Section 5).
The obligations imposed by this Act on the Australian Canned Fruits Board include the submission of an annual report by the thirtieth day of September each year, replacing the previous deadline in July. The board members' roles and tenure remain unchanged, with those appointed by the Governor-General serving at pleasure and elected members serving for a two-year term. This continuity ensures that the board maintains its expertise and authority without disruption.
Failure to comply with the requirements set out in the Act could result in various consequences, although specific offences, penalties, or consequences are not detailed within the provided text. However, it is reasonable to infer that non-compliance with statutory obligations, such as the timely submission of the annual report, could lead to administrative or legal repercussions, including potential fines or other enforcement actions. Given the nature of the amendments, the primary focus seems to be on procedural adjustments rather than introducing new offences, but any breaches of the Act could still attract penalties under existing legal frameworks.
While the text does not explicitly state the penalties for non-compliance, it is prudent to consider that breaches of statutory duties under Australian law can attract civil or administrative penalties, depending on the severity and impact of the breach. In some cases, repeated or significant non-compliance might also invite legal scrutiny or intervention from relevant authorities.