Canned Fruits Export Control (Preparation of Rolls) Regulations

Legislation au C1926L00134 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1926. No. 134.

––––––

REGULATIONS UNDER THE CANNED FRUITS EXPORT CONTROL ACT 1926.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Canned Fruits Export Control Act 1926, to come into operation forthwith.

Dated this twenty-fourth day of September, 1926.

STONEHAVEN,

Governor-General.

By His Excellency’s Command,

T. PATERSON,

Minister of State for Markets and Migration.

Canned Fruits Export Control (Preparation of Rolls) Regulations.

Short title.

1. These Regulations may be cited as the Canned Fruits Export Control (Preparation of Rolls) Regulations.

Definitions.

2. In these Regulations unless the contrary intention appears—

“The Act” means the Canned Fruits Export Control Act 1926;

“The Minister” means the Minister for Markets and Migration;

“The Secretary” means the Secretary of the Department of Markets and Migration;

“The poll” means the poll of owners of canneries under section two of the Act;

“The election” means the election of members of the Board in pursuance of sub-section (2) of Section four of the Act;

“Owner” includes—

(a) in the case of a proprietary or co-operative cannery, the chairman of the Board of Directors of the cannery;

(b) in the case of a privately-owned cannery, a partner of the firm owning the cannery; and

(c) in the case of a State-controlled cannery, a person nominated by the Government of the State controlling the cannery;

“Co-operative cannery” means any cannery which the Secretary is satisfied distributes the whole or any portion of its surplus profits to the persons supplying fruit to the cannery;

“State-controlled cannery” means any cannery whose operations are controlled by the Government of any State, or by any Commission or other body representing the Government of any State;

C.14547.—Price 3d.


“Privately-owned cannery” means any cannery which is owned by any person or firm;

“Proprietary cannery” means any cannery which is owned by any registered company which the Secretary is satisfied does not distribute the whole or any portion of its surplus profits to the persons supplying fruit to the cannery.

List of voters to be prepared.

3. (1) Pursuant to claims made under these Regulations, the Secretary shall prepare a roll of co-operative and State-controlled canneries, and also a roll of privately-owned and proprietary canneries, showing the total quantity of canned fruit processed by each cannery during the canning season of 1925-1926.

(2) The rolls shall be certified by the Secretary by writing under his hand to be correct and shall be the rolls of canneries to be used for the purposes of the poll and the election.

(3) The owner shall appoint a representative to vote on his behalf at the poll and at the election.

(4) The rolls shall be conclusive evidence of the rights of the representatives of the owners of the canneries named therein to vote at the poll and the election.

Claims for enrolment.

4. (1) The only representatives entitled to vote at the poll and the election are representatives of canneries which have been placed on the roll pursuant to claims made by the owners of such canneries.

(2) Claims for enrolment shall be made on or before a date notified in the Gazette by the Minister, and no claims received after that date shall be accepted for enrolment.

(3) A claim for enrolment shall be in accordance with the following form and shall be supported by a Statutory Declaration:—

Commonwealth of Australia.

Canned Fruits Export Control Act 1926.

CLAIM FOR ENROLMENT.

Statutory Declaration.

(a) See footnote.

I,          the owner(a) of the cannery specified in the Statutory Declaration made below, claim to have the name of the cannery and the particulars set out in the Statutory Declaration placed on the roll of canneries.

(b) Insert full name of representative.

(c) Insert address of representative.

And I hereby appoint(b)                       of (c)                                                                                                                to act as representative of the cannery specified in this claim.

Note.—For the purposes of these regulations—

“Owner” includes—

(a) in the case of a proprietary or co-operative cannery, the chairman of the Board of Directors of that cannery:

(b) in the case of a privately-owned cannery, a partner of a firm owning the cannery; and

(c) in the case of a State-controlled cannery, a person nominated by the Government of the State controlling the cannery.


And I do solemnly and sincerely declare that the total output of such cannery during the canning season of 1925-1926 was respectively as stated in columns (3), (4), (5) and (6) hereunder:—

Name of Cannery.

Address of Cannery.

Production (in doz. 30-oz. tins) of Canned Fruits.

Apricots.

Clingstone Peaches.

Pears.

Total.

(1)

(2)

(3)

(4)

(5)

(6)

 

 

 

 

 

 

(d) Signature of person making the declaration.

(e) Signature of Magistrate, Justice of the Peace, or Commissioner for taking Affidavits, or Commissioner for Declarations before whom the declaration is made.

(f) Here insert title of person before whom the declaration is made.

And I make this solemn declaration by virtue of the Statutory Declarations Act 1911-1922, conscientiously believing the statements contained therein to be true in every particular.

      (d)

Declared at    the    day of

192 , before me—

        (e)

        (f)

Note.—Any person who wilfully makes a false statement in a statutory declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.

Overview

The Canned Fruits Export Control Act 1926 was enacted to establish regulatory measures for the export of canned fruits from Australia, ensuring that the industry's practices were orderly and that there was a structured approach to the export process. The Act was designed to address the need for effective control and regulation of the canned fruit export industry to protect both the domestic market and international trade interests. The Act was passed by the Commonwealth Parliament, reflecting the federal government's role in regulating inter-state and international trade. The policy objective of the Act was to ensure fair practices within the industry, protect the interests of cannery owners, and maintain the quality and reputation of Australian canned fruits on the international market.

Scope and Application

The Canned Fruits Export Control (Preparation of Rolls) Regulations 1926, established under the Canned Fruits Export Control Act 1926, governs the process of preparing rolls for the election of cannery representatives and the preparation of voting rolls in the context of canned fruit exports. These Regulations apply to canneries that are either co-operative, privately-owned, proprietary, or state-controlled, and require the Secretary of the Department of Markets and Migration to prepare rolls of these canneries, based on their production output during the 1925-1926 canning season. Owners of these canneries must appoint representatives to vote at the poll and the election, and cannery representatives are only entitled to vote if their cannery has been enrolled on the roll. Claims for enrolment must be made within a specified timeframe and supported by a statutory declaration, and the rolls prepared by the Secretary are to be considered conclusive evidence of the rights of cannery representatives to vote. The Regulations cover the Commonwealth of Australia, and they are enforced through the statutory declaration process, which carries penalties for wilfully making false statements.

Key Provisions

The Canned Fruits Export Control (Preparation of Rolls) Regulations (C1926L00134) detail the procedures for preparing a roll of canneries that will be used for voting purposes under the Canned Fruits Export Control Act 1926. According to section 3, the Secretary is tasked with preparing two distinct rolls of canneries: one for co-operative and State-controlled canneries and another for privately-owned and proprietary canneries. These rolls must reflect the total quantity of canned fruit processed by each cannery during the canning season of 1925-1926. The rolls must then be certified by the Secretary as accurate and will serve as the official rolls for the poll and the election of Board members, as outlined in sections 2 and 4 of the Act. Owners of canneries are required to appoint a representative to vote on their behalf, and the rolls will serve as conclusive evidence of the voting rights of these representatives. These Regulations impose specific obligations on the parties they govern. Owners of canneries must ensure that their canneries are properly enrolled on the rolls by submitting claims for enrolment, accompanied by a statutory declaration detailing the cannery's output for the specified season. The claims must be made by a specified deadline and must be supported by a statutory declaration. Failure to meet these requirements will result in the cannery not being eligible to vote in the poll or the election. Additionally, the owners must appoint a representative to act on their behalf in these matters, ensuring that their interests are adequately represented in the decision-making process. The Regulations also outline the consequences for non-compliance and misrepresentation. According to section 4(3), any person who makes a false statement in a statutory declaration is guilty of an indictable offence. Such an offence carries a penalty of imprisonment, which may include hard labour, for up to four years. This strict penalty is intended to deter false declarations and ensure the accuracy and integrity of the information provided to the Secretary. The inclusion of this provision underscores the importance of truthful and accurate information in the regulatory process.

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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.