STATUTORY RULES.
1952. No. 57.
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REGULATIONS UNDER THE CANNED FRUITS EXPORT CONTROL ACT 1926-1950.*
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 1926-1950.
Dated this ninth day of July, 1952.
W. J. McKELL
Governor-General.
By His Excellency’s Command,
Minister of State for Commerce and Agriculture.
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AMENDMENTS OF THE CANNED FRUITS EXPORT CONTROL (FEES AND EXPENSES) REGULATIONS.†
1. Regulation 2 of the Canned Fruits Export Control (Fees and Expenses) Regulations is repealed and the following regulation inserted in its stead:—
Fees of Chairman and members.
“2. For each day on which he attends a meeting of the Board or on which he is engaged on such business of the Board as the Board determines—
(a) the Chairman of the Board shall receive a fee of Six pounds six shillings; and
(b) each member or a deputy of a member while acting as a member shall receive a fee of Five pounds five shillings.”.
Travelling expenses.
2. Regulation 3 of the Canned Fruits Export Control (Fees and Expenses) Regulations is amended—
(a) by omitting from sub-regulation (1) the words “rail and steamer”;
(b) by omitting the proviso to sub-regulation (1);
(c) by omitting from sub-regulation (2) the words “rail and steamer”; and
(d) by omitting the proviso to sub-regulation (2).
Commencement.
3. Regulations 1 and 2 of these Regulations shall be deemed to have come into operation on the first day of June, 1950.
* Notified in the Commonwealth Gazette on , 1952.
† Statutory Rules 1927, No. 15, as amended by Statutory Rules 1936, No. 54; 1938, No. 67; and 1951, No. 94.
By Authority: L. F. JOHNSTON, Commonwealth Government Printer, Canberra.
4282.—PRICE 3D. 9/5.6.1952.
Overview
The Canned Fruits Export Control Act 1926-1950 was enacted to address the need for regulation over the export of canned fruits from Australia, ensuring quality standards and proper control over the export process. The legislation aimed to manage the export industry by establishing a Board with powers to enforce regulations and fees, as demonstrated by the subsequent Statutory Rules of 1952 which further refined the fees and expenses for the Board's operations. The regulations were made under the authority of the Governor-General, acting on advice from the Federal Executive Council, and sought to streamline and update the economic aspects of the export control, reflecting the policy objective of maintaining effective oversight while adapting to changing transportation methods and economic conditions.
Scope and Application
The Regulations under the Canned Fruits Export Control Act 1926-1950 apply to the members of the Board established by the Act, specifically regarding the fees and expenses they are entitled to receive for their services. These regulations outline the remuneration for the Chairman and other members, as well as the expenses incurred during their duties, such as attending meetings or engaging in business related to the Board's functions. The scope of these regulations is confined to the Commonwealth, indicating that they apply across Australia as a federal legislative instrument. The regulations provide specific monetary allowances for the Chairman and members of the Board, replacing previous fees and omitting certain travel-related expenses such as rail and steamer travel. These changes came into effect from the first day of June, 1950, and were made to adapt to evolving circumstances and to streamline the administrative process regarding the fees and expenses of the Board members.
Key Provisions
The key operative sections of this legislative instrument, the Regulations Under the Canned Fruits Export Control Act 1926-1950, focus on the fees and expenses for the Board members and the Chairman involved in the governance of canned fruits exports. Regulation 2 sets out the fees payable to the Chairman and members of the Board, stipulating that the Chairman is to receive £6 6s per day for attending meetings or engaging in Board business, while each member or their deputy is to receive £5 5s per day for the same activities (section 1(a) and (b)). Additionally, Regulation 3 revises the provisions regarding travel expenses by removing specific references to rail and steamer travel and omitting certain provisos, effectively broadening the scope of reimbursable travel expenses (section 2).
The obligations and requirements imposed by these Regulations are primarily financial in nature. The Board's Chairman and members must be compensated for their time and travel expenses when performing their duties. This ensures that the Board can function effectively without financial disincentives. The regulations mandate that the Chairman and members receive specified fees for each day they attend meetings or engage in Board business, which is intended to attract and retain qualified individuals for these positions.
The Regulations also establish consequences for non-compliance, although specific penalties or enforcement mechanisms are not detailed within the text provided. Generally, breaches of statutory fees and expenses regulations might attract civil or administrative penalties, but the precise nature of such consequences would typically be found in the parent Act or other relevant legislation. In this context, failure to adhere to the specified fees and expenses could potentially result in financial liabilities for the Commonwealth or the Board, as well as administrative scrutiny or corrective action to ensure compliance.
Although the text does not explicitly detail offences or penalties for non-compliance, the overarching Act and related legislation likely provide for sanctions. Typically, such regulations might be enforced through administrative reviews, fines, or other corrective measures to ensure the financial obligations are met. In the absence of specific penalties in these Regulations, one would refer to the broader legislative framework to understand the full scope of potential repercussions for non-compliance.