STATUTORY RULES.
1963. No. 67.
REGULATIONS UNDER THE CANNED FRUITS EXPORT CONTROL ACT 1926-1959.*
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 Control Act 1926-1959.
Dated this Twenty-fifth day of July, 1963.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
(sgd.) C. F. ADERMANN
Minister of State for Primary Industry.
CANNED FRUITS EXPORT CONTROL (BANKING) REGULATIONS.
Citation.
1. These Regulations may be cited as the Canned Fruits Export Control (Banking) Regulations.
Repeal.
2. The Canned Fruits Export Control (Banking) Regulations (being Statutory Rules 1961, No. 10) are repealed.
Definition.
3. In these Regulations, “the Act” means the Canned Fruits Export Control Act 1926-1959.
Signing of cheques.
4. Cheques drawn on an account referred to in section twenty-two of the Act shall be signed—
(a) in the case of an account maintained with a bank other than a bank in the United Kingdom—
(i) by any two members of the Board; or
(ii) by any two of the following, namely, a member of the Board, the Secretary to the Board, and the Chief Clerk to the Board; and
(b) in the case of an account maintained with a bank in the United Kingdom—by any two of the following, namely, the Representative of the Board in the United Kingdom, the Senior Clerk to the Board in London and the Agricultural Representative of the Department of Primary Industry in London.
* Notified in the Commonwealth Gazette on 1st August, 1963.
By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.
4788/63.—PRICE 3D. 10/28.5.1963.
Overview
The Canned Fruits Export Control (Banking) Regulations 1963 were enacted under the authority of the Canned Fruits Export Control Act 1926-1959 by the Governor General in Council. This legislative instrument aims to provide specific banking regulations concerning the export control of canned fruits. It was designed to address the need for formalised and secure banking procedures for financial transactions related to the export of canned fruits, thereby ensuring compliance with the overarching objectives of the Act. The regulations specifically outline the signing requirements for cheques drawn on accounts involved in the export control process, with different stipulations for banks in Australia and the United Kingdom. These regulations were put forth to streamline and formalise financial oversight and control within the framework of the Act.
Scope and Application
The Canned Fruits Export Control (Banking) Regulations, established under the authority of the Canned Fruits Export Control Act 1926-1959, delineate the requirements and processes for the signing of cheques associated with accounts related to the export of canned fruits. These regulations apply to cheques drawn on accounts specifically referenced in section twenty-two of the Act, thereby impacting the entities involved in the exportation of canned fruits, such as the Board and its representatives. Geographically, the regulations extend to both domestic banks within Australia and banks in the United Kingdom, as they pertain to accounts held in these locations. The regulations specify that cheques from Australian banks must be signed by any two members of the Board or a combination of two authorised signatories, including a member of the Board, the Secretary, or the Chief Clerk. For accounts held in the United Kingdom, cheques must be signed by any two from a specified list of authorised representatives, including the Representative of the Board in the United Kingdom, the Senior Clerk in London, and the Agricultural Representative of the Department of Primary Industry in London. This regulation effectively governs the financial transactions related to the export of canned fruits, ensuring compliance with the stipulated signing requirements.
Key Provisions
The Canned Fruits Export Control (Banking) Regulations provide specific requirements for the signing of cheques related to accounts under the Canned Fruits Export Control Act 1926-1959. According to section 4, cheques drawn on accounts referred to in section 22 of the Act must be signed by two authorised individuals. For accounts maintained with banks other than those in the United Kingdom, the cheque must be signed by either two members of the Board or by two individuals from a list that includes a member of the Board, the Secretary to the Board, and the Chief Clerk to the Board. Conversely, for accounts maintained with banks in the United Kingdom, the cheque must be signed by two individuals from a specified list, which includes the Representative of the Board in the United Kingdom, the Senior Clerk to the Board in London, and the Agricultural Representative of the Department of Primary Industry in London.
These Regulations impose specific obligations on the parties involved. They mandate that cheques related to accounts governed by the Act must be signed by the appropriate authorised individuals as outlined in section 4. This ensures that there is proper authorisation and oversight of financial transactions related to the export control of canned fruits. The requirement to involve two signatories adds an extra layer of accountability and reduces the risk of fraudulent activities.
Failure to comply with the signing requirements outlined in section 4 may result in various consequences. While the Regulations do not explicitly detail penalties or specific legal consequences for non-compliance, breaches of such financial regulations can typically lead to civil or criminal liabilities under the broader legislative framework of the Act. The precise penalties would depend on the interpretation and application of the Canned Fruits Export Control Act 1926-1959 and any associated case law or judicial decisions. The enforcement of these Regulations is essential to maintain the integrity and effectiveness of the export control measures in place.