Canned Fruits Export Control (Poll and Election of Board) Regulations (Amendment)

Legislation au C1931L00065 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1931. No. 65.

 

REGULATIONS UNDER THE CANNED FRUITS EXPORT CONTROL ACT 1926–1930.

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 1926–1930 to come into operation on and from the date of the commencement of the Canned Fruits Export Control Act 1930.

Dated this fifth day of June, 1931.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

PARKER MOLONEY

Minister of State for Markets.

 

Canned Fruits Export Control (Poll and Election of Board) Regulations.

(Statutory Rules 1926, No. 156.)

1. Regulation 3 of the Canned Fruits Export Control (Poll and Election of Board) Regulations is amended—

(a) by omitting the words “and Migration” from the definition of “The Minister”;

(b) by omitting the words “and Migration” from the definition of “Officer”;

(c) by omitting the word “of” from the definition of “Candidate” and inserting in its stead the word “on”; and

(d) by omitting the definition of “State-controlled cannery”.

2. Sub-regulation (1.) of regulation 6 of the Canned Fruits Export Control (Poll and Election of Board) Regulations is amended—

(a) by inserting, after “30 oz.”, the words “or the equivalent of that quantity”; and

(b) by omitting the words and figures “canning season 1925–26” and inserting in their stead the words “year ended the thirtieth day of June immediately preceding the election”.

3. Regulation 8 of the Canned Fruits Export Control (Poll and Election of Board) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “and State-controlled” and the words, “or by a person appointed to act on behalf of a State Government which is the owner of a cannery entitled to vote at the election”; and

1420.—Price 3d.


(b) by adding at the end thereof the following sub-regulation:—

“(3) Notwithstanding anything contained in this regulation, where, in the opinion of the Minister, such circumstances exist as render it necessary to alter the date fixed for the lodgment of nominations in respect of co-operative canneries, the Minister may alter that date, and that date, as so altered, shall be the date fixed for the lodgment of nominations.”

4. Regulation 9 of the Canned Fruits Export Control (Poll and Election of Board) Regulations is amended by adding at the end thereof the following sub-regulation:-

“(3.) Notwithstanding anything contained in this regulation, where, in the opinion of the Minister, such circumstances exist as render it necessary to alter the date fixed for the lodgment of nominations in respect of privately owned and proprietary canneries, the Minister may alter the date, and that date, as so altered, shall be the date fixed for the lodgment of nominations.”

5. Regulation 31 of the Canned Fruits Export Control (Poll and Election of Board) Regulations is amended—

(a) by omitting the words “and State-controlled”; and.

(b) by omitting the word “sub-regulation” and inserting in its stead the word “paragraph.”

6. Regulation 33 of the Canned Fruits Export Control (Poll and Election of Board) Regulations is amended by omitting the word “section” and inserting in its stead the word “regulation”.

7. Regulation 40 of the Canned Fruits Export Control (Poll and Election of Board) Regulations is amended by omitting the word “roll” (wherever occurring) and inserting in its stead the word “poll”.

8. Regulation 35 of the Canned Fruits Export Control (Poll and Election of Board) Regulations is amended by omitting the word “sub-section” and inserting in its stead the word “sub-regulations”.

9. Regulation 44 of the Canned Fruits Export Control (Poll and Election of Board) Regulations is amended by omitting the word “section” (wherever occurring) and inserting in its stead the word “regulation”.

10. Form A in the Schedule to the Canned Fruits Export Control (Poll and Election of Board) Regulations is omitted and the following form inserted in its stead:—

“Regulation 8. Form a.

Commonwealth of Australia.

Canned Fruits Export Control Act 1920–1930.

NOMINATION OF REPRESENTATIVE OF CO-OPERATIVE CANNERIES.

To the Returning Officer—

I;

We, the undersigned, being directors of co-operative canneries entitled to vote at the election of a representative of co-operative canneries on the Canned Fruits Export Control Board, do hereby nominate [here insert the Christian


name or names, in full, surname, place of residence and occupation of person nominated] as a representative of co-operative canneries on the Board.

Signature of Nominator.

Place of Living.

Full name of Cannery of which nominator is a Director.

Date of Signature.

Witness to Signature.

 

 

 

 

 

I, , of consent to the above nomination and to act if elected.

Signature of candidate.

Witness.

Address.

N.B.—The candidate’s consent to the nomination may be on a separate paper and in any form, but if given on the nomination paper in the above form its sufficiency is not to be questioned.

A nomination must be signed by not less than five directors of co-operative canneries entitled to vote at the election for which the candidate is nominated.”.

11. Form C in the Schedule to the Canned Fruits Export Control (Poll and Election of Board) Regulations is amended by omitting the words “and State-controlled” (wherever occurring).

12. Form F in the Schedule to the Canned Fruits Export Control (Poll and Election of Board) Regulations is amended by omitting the words “and State-controlled.”

13. Notwithstanding the provisions of the Canned Fruits Export Control (Poll and Election of Board) Regulations, the words “Poll and” may be omitted from any document used in connexion with any election held under section four of the Canned Fruits Export Control Act 1926–1930 after the date of the poll.

 

By Authority: H. J. Green, Government Printer, Canberra.

Overview

The Canned Fruits Export Control Regulations 1931 were made under the Canned Fruits Export Control Act 1926–1930, which was enacted to regulate the export of canned fruits from Australia. The Act was introduced to address issues related to the quality and standards of canned fruits exported from Australia, as well as to ensure fair competition and protect the interests of domestic consumers and producers. The Regulations were made by the Governor-General in Council, as per the authority granted under the Act, and aim to provide detailed rules for the implementation of the Act, particularly in relation to the election of representatives for the Canned Fruits Export Control Board. The policy objective of these regulations is to establish a structured and orderly process for the election of representatives to the Board, ensuring that the interests of various stakeholders in the canned fruits industry are properly represented.

Scope and Application

The Canned Fruits Export Control (Poll and Election of Board) Regulations 1931 are made under the authority of the Canned Fruits Export Control Act 1926–1930 and pertain to the election and nomination procedures for members of the Canned Fruits Export Control Board. These regulations apply to the nomination process for representatives of co-operative canneries and privately owned canneries, including the amendment of forms and procedures for such nominations. They also provide the Minister with the discretion to alter the dates for the lodgment of nominations in exceptional circumstances. This regulatory framework is limited to the Commonwealth and applies specifically to the canning industry, regulating the export of canned fruits. The regulations do not contain explicit exclusions or thresholds but focus on procedural amendments to the election and nomination process for board members. These regulations extend the application of the Act through detailed procedural rules and amendments to existing regulations and forms, thereby shaping the practical implementation of the legislative framework.

Key Provisions

The main operative sections of these Regulations, made under the Canned Fruits Export Control Act 1926-1930, primarily focus on amending various definitions, processes, and forms associated with the election of representatives to the Canned Fruits Export Control Board. Regulation 3 revises the definitions of "The Minister" and "Officer," removes the term "State-controlled cannery," and modifies the definition of "Candidate." Regulation 6 allows for the equivalent quantity of cans to be used in defining eligibility for the election, and it changes the timeframe for the canning season to the year ended the thirtieth day of June immediately before the election. Regulation 8 permits the Minister to alter the nomination date for co-operative canneries if necessary, while regulation 9 provides similar flexibility for privately owned and proprietary canneries. Regulation 31 eliminates references to "State-controlled" canneries, and regulation 33 corrects references from "section" to "regulation" throughout the document. Regulation 40 changes the term "roll" to "poll" to align with the terminology used in the Act. Regulation 35 updates the term "sub-section" to "sub-regulations" for consistency. Regulation 44 replaces instances of "section" with "regulation" for uniformity. Form A in the Schedule has been replaced with a new nomination form for representatives of co-operative canneries, which requires signatures from at least five directors of eligible canneries. Form C and Form F have had references to "State-controlled" removed. Finally, the Regulations note that "Poll and" may be omitted from any document used in the election process after the date of the poll. These Regulations impose several obligations on parties involved in the election of representatives to the Canned Fruits Export Control Board. Firstly, they mandate that nominations for representatives of co-operative canneries must be signed by at least five directors of eligible canneries, and the candidate must consent to the nomination. Secondly, the Regulations provide the Minister with the authority to alter the nomination dates for co-operative and privately owned and proprietary canneries if necessary, ensuring flexibility in the election process. Furthermore, they require the use of updated forms for nominations and eliminate references to "State-controlled" canneries, reflecting changes in the industry and governance. These obligations are designed to streamline the election process, enhance participation, and ensure that the Board is representative of the relevant cannery sectors. The Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches within the text provided. However, given the context of the Canned Fruits Export Control Act 1926-1930 and typical legislative frameworks, non-compliance with these Regulations could potentially lead to legal ramifications under the overarching Act. Such consequences might include fines, legal action, or other penalties as prescribed by the Act. While the specific penalties are not detailed in the Regulations themselves, they would likely align with the provisions set forth in the parent Act, which could include substantial financial penalties for violations. It is essential for all parties involved to adhere to these Regulations to avoid any adverse legal consequences.

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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.