Canned Fruits Export Marketing
No. 29 of 1970
An Act to provide for the Payment of certain Moneys from the Canned Fruits Excise Fund to Producers of Canned Fruits.
[Assented to 17 June 1970]
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 Marketing Act 1970.
(2.) The Canned Fruits Export Marketing Act 1963–1968, as amended by this Act, may be cited as the Canned Fruits Export Marketing Act 1963–1970.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Application of moneys in the Canned Fruits Excise Fund.
3. Section 28 of the Canned Fruits Export Marketing Act 1963–1968 is amended—
(a) by inserting in sub-section (1.), after the word “but”, the words “ , subject to sub-section (3.) of this section”; and
(b) by adding at the end thereof the following sub-section:—
“(3.) Where a person has paid any duty of Excise that became payable in accordance with the Canned Fruit Excise Act 1963–1968 during the period that commenced on the first day of January, One thousand nine hundred and sixty-nine, and ended on the twenty-seventh day of March, One thousand nine hundred and sixty-nine, not being duty that has been refunded or in respect of which an amount has been paid as drawback, the Board shall, as soon as practicable after the commencement of this sub-section, pay to the person, out of moneys standing to the credit of the Canned Fruits Excise Fund, an amount equal to two-thirds of that duty.”.
Overview
The Canned Fruits Export Marketing Act 1970 was enacted to address the issue of compensating producers of canned fruits for the excise duty they paid during a specific period. This Act was introduced by the Parliament of the Commonwealth of Australia and received Royal Assent on 17 June 1970. The primary policy objective of this legislation is to provide financial relief to canned fruit producers by allowing them to receive a portion of the excise duty they had previously paid. Specifically, the Act mandates that the Canned Fruits Board pay out two-thirds of the excise duty paid by producers between 1 January 1969 and 27 March 1969, from the Canned Fruits Excise Fund, provided the duty has not been refunded or replaced by a drawback amount. This measure aims to support the economic stability of canned fruit producers during a transitional period.
Scope and Application
The Canned Fruits Export Marketing Act 1970 applies to producers of canned fruits who have paid duty on their produce under the Canned Fruit Excise Act 1963–1968 during a specified period. The Act amends the application of moneys in the Canned Fruits Excise Fund to ensure that these producers receive a payment of two-thirds of the duty they paid, provided it has not been refunded or in respect of which an amount has been paid as drawback. This Act applies nationally across the Commonwealth of Australia and is effective from the day it receives Royal Assent. It does not specify exclusions, exemptions, or thresholds beyond the conditions mentioned regarding duty payments and refunds. The Act also allows for further regulation or modification through subordinate instruments, which may further define or extend its application.
Key Provisions
The Canned Fruits Export Marketing Act 1970 (sections 1-3) provides for the payment of certain monies from the Canned Fruits Excise Fund to producers of canned fruits. This Act amends the Canned Fruits Export Marketing Act 1963-1968, allowing it to be cited as the Canned Fruits Export Marketing Act 1963-1970. The Act came into operation on the day it received Royal Assent. Section 3 specifically modifies the application of moneys in the Canned Fruits Excise Fund by requiring the Board to pay producers an amount equal to two-thirds of any duty of Excise that was paid during a specified period, provided that the duty has not been refunded or replaced by a drawback amount.
The Act imposes obligations on the Board, which must ensure the timely disbursement of funds to eligible producers from the Canned Fruits Excise Fund. It requires the Board to identify and compensate producers who paid Excise duty during the defined period of January 1, 1969, to March 27, 1969. The obligation to pay these amounts rests solely on the Board, who must act as soon as practicable after the commencement of the relevant subsection.
Breach of the requirements set forth in the Act may lead to civil or administrative consequences, although the Act itself does not explicitly detail specific offences or penalties. The absence of explicit penalties suggests that compliance is expected to be monitored and enforced through administrative or judicial review mechanisms available under other applicable laws. It is important for the Board to adhere strictly to the provisions to avoid any potential repercussions, including financial or reputational harm resulting from non-compliance.