Canning-Fruit Charge Act 1959

Overview

The Canning-Fruit Charge Act 1959 was enacted to impose a charge on canned fruit, specifically targeting apricots, peaches, pears, and their mixtures. The Act was assented to on 2nd December 1959 and was brought into operation on the same day. This legislation was enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia to address a gap in funding or promotion for the canned fruit industry. The primary objective of the Act is to generate revenue through the imposed charge, which is payable by the supplier of the fruit to the cannery. The charge rate is set at ten shillings per ton of fruit, subject to potential adjustments by the Governor-General, who must consider recommendations from the Australian Canned Fruit Sales Promotion Committee established under the Canned Fruit (Sales Promotion) Act 1959. The Canning-Fruit Charge (Administration) Act 1959 is integral to the interpretation and administration of this Act.

Scope and Application

The Canning-Fruit Charge Act 1959 applies to the imposition of a charge on fruit that is delivered to a cannery on or after 15 November 1959, and is accepted as of canning quality or taken into the cannery for the production of canned fruit. This includes canned apricots, peaches, pears, and any mixed fruit containing these. The Act applies to any person involved in the production of canned fruit who delivers or accepts such fruit at a cannery. The geographic reach of the Act is national, operating under the Commonwealth of Australia. The Act stipulates that the charge is payable by the person delivering the fruit or on whose behalf it is delivered, and the rate of charge is set at ten shillings per ton of fruit, subject to alteration by the Governor-General in regulations made under the Act. These regulations must take into account any recommendations from the Australian Canned Fruit Sales Promotion Committee. There are no specific exclusions or exemptions mentioned in the text, and the application of the Act extends through any regulations that may be prescribed.

Key Provisions

The Canning-Fruit Charge Act 1959 (C1959A00081) imposes a charge on certain canned fruits, specifically canned apricots, peaches, pears, and mixed fruit that includes any of these. The Act came into operation on the day it received Royal Assent, as stated in section 2. It is to be read in conjunction with the Canning-Fruit Charge (Administration) Act 1959, as specified in section 3. The definition section, section 4, clarifies that "canned fruit" includes apricots, peaches, pears, and any mix thereof, and "fruit" specifically refers to apricots, peaches, and pears. The charge applies to fruit delivered to a cannery on or after 15 November 1959 and accepted as canning quality or used in production. Under section 5, the charge applies to fruit delivered to a cannery and accepted as canning quality or used in production. Section 6 extends this requirement to include fruit grown by a producer and taken into their own cannery. The charge rate is set at ten shillings per ton, or a lesser rate as prescribed over time, as detailed in section 7. Importantly, section 8 mandates that the charge is payable by the person who delivers the fruit to the cannery, or on whose behalf the delivery is made. The Governor-General has the authority to make regulations, as outlined in section 9, which must not conflict with the Act and may set the charge rate under section 7. Before issuing these regulations, the Governor-General must consider any recommendations made by the Australian Canned Fruit Sales Promotion Committee under the Canned Fruit (Sales Promotion) Act 1959, as stipulated in section 9(2). The Act does not explicitly detail offences, penalties, or consequences for breach, but the authority to make regulations suggests a framework for enforcement and compliance measures to be established through secondary legislation.