Canned Fruits Export Control Act 1952

Legislation au C1952A00094 Not in force Act

Legislation content

CANNED FRUITS EXPORT CONTROL.

 

No. 94 of 1952.

An Act to amend the Canned Fruits Export Control Act 1926–1950.

[Assented to 18th November, 1952.]

BE it enacted by the Queen’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 1952.

(2.) The Canned Fruits Export Control Act 1926–1950 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 1926–1952.

Commencement.

2.—(1.) The several sections of this Act shall come into operation on such dates as are respectively fixed by Proclamation.

(2.) Regulations may be made for the purposes of section thirteen of the Principal Act, as amended by this Act, at any time after the day on which this Act receives the Royal Assent, but regulations so made before the date on which section seven of this Act comes into operation shall not have any force or effect before that date.


Definitions.

3. Section three of the Principal Act is amended by omitting the definition of “canned fruits” and inserting in its stead the following definition:—

“‘canned fruits’ means canned apricots, canned peaches, canned pears, canned pineapples and such other canned fruits as are prescribed, and includes—

(a) canned mixed fruits having a fruit content not less than fifty-five per centum of which consists of one or more of the fruits that are specified in this definition or are prescribed; and

(b) canned pineapple juice;”.

Australian Canned Fruits Board.

4. Section four of the Principal Act is amended—

(a) by adding at the end of paragraph (b) of sub-section (2.) the words “and canned pineapple juice” ;

(b) by omitting paragraphs (c) and (d) of sub-section (2.) and inserting in their stead the following paragraph:—

“(c) one member elected to represent co-operative canneries engaged in the production of canned fruits other than canned pineapples and canned pineapple juice; and” ;

(c) by adding at the end of paragraph (e) of sub-section (2.) the words “or canned pineapple juice” ; and

(d) by omitting from sub-section (4.) the words “paragraphs (a), (d) and (e)” and inserting in their stead the words “paragraphs (a) and (e)”.

Fees, allowances and expenses.

5. Section eight of the Principal Act is amended by inserting after the word “fees” the word “, allowances”.

Meetings of the Board.

6. Section ten of the Principal Act is amended by omitting sub-section (6.).

7. Sections thirteen, fourteen and fifteen of the Principal Act are repealed and the following section is inserted in their stead:—

Power to make regulations controlling export of canned fruits

“13.—(1.) For the purpose of enabling the Board effectively to control the export, and the sale and distribution after export, of Australian canned fruits, the regulations may prohibit the export from the Commonwealth of canned fruits—

(a) except by a person who holds a licence granted as prescribed; and

(b) except in accordance with such conditions and restrictions as are prescribed after recommendation to the Minister by the Board.

“(2.) A person shall not export canned fruits from the Commonwealth in contravention of the regulations (including the prescribed conditions and restrictions).

Penalty: One hundred pounds.”.


8. Section eighteen of the Principal Act is repealed and the following section inserted in its stead:—

Contracts for shipment of canned fruits.

“18.—(1.) A contract for the carriage of canned fruits by sea to a place beyond the Commonwealth shall not be made except—

(a) by the Board acting as the agent of the owner of the canned fruits or of another person having authority to export the canned fruits; or

(b) in conformity with conditions approved by the Board.

“(2.) A contract for the carriage of canned fruits by sea to a place beyond the Commonwealth made otherwise than in accordance with this section is void.

“(3.) A Collector of Customs or other officer of Customs may require a person who seeks to export canned fruits from the Commonwealth, on making entry of the canned fruits under the Customs Act 1901–1951 and before the entry has been passed, to satisfy him that the contract for the carriage of the canned fruits is in conformity with conditions approved by the Board, and the Collector or other officer may decline to pass the entry until that person has so satisfied him.”.

Application of moneys paid into Fund.

9. Section twenty-one of the Principal Act is amended by omitting paragraph (c) and inserting in its stead the following paragraph:—

“(c) In payment of fees, allowances, expenses or other remuneration to members of the Board or of the London Agency (not being officers or temporary employees employed under the Public Service Act 1922–1951);”.

 

Overview

The Canned Fruits Export Control Act 1952 was enacted by the Parliament of Australia to amend the Canned Fruits Export Control Act 1926–1950. This Act addresses the need for better control over the export of canned fruits from Australia, ensuring that it is managed in a way that benefits the industry and maintains quality standards. The principal objective of the Act is to empower the Australian Canned Fruits Board with the necessary regulations to effectively control the export and distribution of canned fruits. This includes the ability to issue licenses and impose conditions and restrictions on exports, aiming to regulate the market and protect the interests of both producers and consumers.

Scope and Application

The Canned Fruits Export Control Act 1952 amends the Canned Fruits Export Control Act 1926–1950 to enhance the control over the export of canned fruits from Australia. This Act applies to the export of canned fruits, including canned apricots, peaches, pears, pineapples, canned mixed fruits with at least fifty-five percent of specified fruits, and canned pineapple juice. The Act governs the entities and individuals involved in the export process, such as those holding licences to export these products, and it regulates the conduct and transactions related to the export of these goods. Geographically, the Act has a national reach within the Commonwealth of Australia, governing exports that leave the country's borders. The Act does not explicitly state exclusions, exemptions, or thresholds but provides detailed provisions for the regulation of export activities. The implementation and enforcement of the Act are supported through subordinate regulations that can be made under section thirteen, allowing for further specification of conditions and restrictions on exports.

Key Provisions

The Canned Fruits Export Control Act 1952 introduces several amendments to the existing Canned Fruits Export Control Act 1926–1950. Primarily, the Act amends the definition of "canned fruits" to include canned apricots, peaches, pears, pineapples, and any other canned fruits that may be prescribed, as well as canned mixed fruits with at least 55% fruit content of the specified fruits, and canned pineapple juice (Section 3). The Act also revises the composition of the Australian Canned Fruits Board, ensuring that it includes a member elected to represent co-operative canneries engaged in the production of canned fruits other than canned pineapples and canned pineapple juice (Section 4). Furthermore, the Act includes provisions for allowances alongside fees for the Board, as amended in Section 5. The Act imposes obligations on parties involved in the export of canned fruits. The Board is tasked with effectively controlling the export of canned fruits and must ensure that all exports are conducted in accordance with regulations, including obtaining the necessary licenses and adhering to prescribed conditions and restrictions (Section 13). Additionally, any contract for the carriage of canned fruits by sea to a place beyond the Commonwealth must be made either by the Board acting as the agent of the owner or in conformity with conditions approved by the Board (Section 18). The Collector of Customs or other Customs officers have the authority to require proof of compliance with these conditions before allowing the exportation of canned fruits (Section 18(3)). For breaches of the regulations concerning the export of canned fruits, the Act stipulates a penalty of one hundred pounds (Section 13). Furthermore, any contract for the carriage of canned fruits by sea that is not made in accordance with the Act is declared void (Section 18(2)). Customs officers are empowered to decline to pass the entry of canned fruits until the exporter satisfies them that the contract complies with the Board's approved conditions, thereby enforcing adherence to the Act’s provisions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.