CANNED FRUITS EXPORT CONTROL.
No. 64 of 1956.
An Act to amend the Canned Fruits Export Control Act 1926–1953.
[Assented to 26th September, 1956.]
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 1956.
(2.) The Canned Fruits Export Control Act 1926–1953 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 1926–1956.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Australian Canned Fruits Board.
3. Section four of the Principal Act is amended—
(a) by omitting paragraph (e) of sub-section (2.) and inserting in its stead the following paragraph :—
“(d) one member elected to represent canneries engaged in the production of canned pineapples or canned pineapple juice.”; and
(b) by omitting sub-sections (3.), (4.), (5.) and (6.) and inserting in their stead the following sub-sections:—
“(3.) The Governor-General shall not appoint, as the Government representative, a person who has submitted himself for, and failed to secure, election as a member of the Board.
“(4.) The Government representative holds office during the pleasure of the Governor-General.
“(5.) The election of members in pursuance of paragraphs (b), (c) and (d) of sub-section (2.) of this section shall be carried out in such manner as is prescribed.
“(6.) An elected member of the Board holds office for a period of three years and is eligible for re-election.”.
Transitional provisions.
4.—(1.) Notwithstanding the amendments of the Principal Act effected by the last preceding section—
(a) the person holding office, immediately before the commencement of this Act, as a member of the Australian Canned Fruits Board by virtue of paragraph (e) of sub-section (2.) of section four of the Principal Act shall, subject to the pleasure of the Governor-General, continue to hold office as a member of that Board until and including the seventh day of December, One thousand Dine hundred and fifty-six; and
(b) the period of office of an elected member of that Board holding office immediately before the commencement of this Act expires on the date on which it would have expired if this Act had not been enacted.
(2.) The period of office of a person elected as a member of the Australian Canned Fruits Board by virtue of paragraph (d) of sub-section (2.) of section four of the Principal Act as amended by this Act shall not commence before the eighth day of December, One thousand nine hundred and fifty-six.
Overview
The Canned Fruits Export Control Act 1956 was enacted to amend the Canned Fruits Export Control Act 1926–1953, addressing a need to update the regulatory framework governing the export of canned fruits, particularly pineapples and pineapple juice. This legislation was enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, aiming to ensure effective control over the export of canned fruits. One significant amendment made by this Act was the introduction of a new member to the Australian Canned Fruits Board, elected to represent canneries engaged in the production of canned pineapples or canned pineapple juice. Additionally, it revised the appointment and terms of office for board members, enhancing the Board’s capacity to manage the industry effectively. The Act also included transitional provisions to ensure a smooth changeover from the old to the new system, maintaining continuity in the oversight of canned fruit exports.
Scope and Application
The Canned Fruits Export Control Act 1956 applies to the governance and regulation of the Australian Canned Fruits Board, specifically focusing on the export control of canned fruits, including canned pineapples and canned pineapple juice. This Act serves as an amendment to the Canned Fruits Export Control Act 1926–1953, updating the composition and terms of the Board. It is a Commonwealth Act, thus it has a national reach across Australia and applies to all entities involved in the production and export of canned fruits within the country. The Act does not explicitly state any exclusions, exemptions, or thresholds, but it is reasonable to infer that its provisions apply to all relevant entities unless otherwise specified by subordinate instruments or regulations that might extend or restrict its application. The Act came into operation on the day it received Royal Assent, and includes transitional provisions for the existing members of the Board to ensure a smooth transition to the new structure.
Key Provisions
The Canned Fruits Export Control Act 1956 amends the Canned Fruits Export Control Act 1926–1953, introducing significant changes to the structure and operation of the Australian Canned Fruits Board. The main operative sections of the Act are those that revise the composition and operational framework of the Board. Section 3 of the Act amends the membership of the Board by altering the criteria for representation and the manner of appointment and election of its members. It now includes a member elected to represent canneries engaged in the production of canned pineapples or canned pineapple juice (section 3(a)). The Act also modifies the appointment and term of the Government representative, specifying that the Governor-General shall not appoint a person who has failed to secure election as a member of the Board (section 3(3)). Additionally, it sets the term of the elected Board members at three years with eligibility for re-election (section 3(6)).
The obligations and requirements imposed by the Act on the parties and entities it governs include the restructuring of the Australian Canned Fruits Board to better represent the interests of canneries producing canned pineapples and pineapple juice. The Act also mandates that the election process for certain Board members must be carried out in a manner prescribed by law (section 3(5)). Furthermore, it stipulates that the term of office for members elected under the new criteria will commence from a specified date, ensuring a smooth transition from the old to the new framework (section 3(d)).
In terms of the consequences for breach, the Act does not explicitly outline specific offences or penalties. However, non-compliance with the provisions regarding the composition and election of the Board members may lead to legal challenges or administrative actions. The Act does not specify maximum penalties for breaches, suggesting that any legal repercussions would depend on the nature and severity of the non-compliance, as well as the relevant laws governing administrative and electoral processes in Australia.