Dried Fruits Act 1928

Legislation au C1928A00011 Not in force Act

Legislation content

DRIED FRUITS.

 

No. 11 of 1928.

An Act relating to Trade and Commerce with other Countries and among the States in certain Dried Fruits.

[Assented to 22nd May, 1928.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Dried Fruits Act 1928.

Definition.

2. In this Act, unless the contrary intention appears—

“dried fruits” means any of the following kinds of dried fruits, namely, dried currants, dried sultanas, and dried lexias and includes any currants, sultanas and lexias which are partly, but not completely, dried.

Inter-state trade in dried fruits.

3.—(1.) Except as provided by the Regulations—

(a) the owner or person having possession or custody of dried fruits shall not deliver any dried fruits to any person for carriage into or through another State to a place in Australia beyond the State in which the delivery is made; and

(b) a person shall not carry any dried fruits from a place in one State into or through another State to a place in Australia beyond the State in which the carriage begins,

unless, in either case, a licence has been issued under this Act permitting that carriage of those dried fruits and except in accordance with the licence so issued.

Penalty: One hundred pounds or imprisonment for six months.

(2.) Prescribed authorities may issue licences, for such period and upon such terms and conditions as are prescribed, permitting the carriage of dried fruits from a place in one State to a place in Australia beyond that State.

(3.) Any dried fruits which have been, or are in process of being, carried in contravention of this Act, shall be forfeited to the King.

(4.) A prescribed authority may require any person to give security, in such form and to such amounts as are approved by the Minister, for compliance by the person with the terms and conditions of any licence issued to him under this Act.

(5.) Where the Minister on report by a prescribed authority is satisfied that any person to whom a licence has been issued under this section has contravened or failed to comply with any term or condition of the licence, the Minister may cancel the licence, and the licence shall thereupon cease to be of any force or effect.

Furnishing of returns, &c.

4.—(1.) A prescribed authority may require any person to furnish or produce, within such period as the prescribed authority specifies, any licence issued to him under this Act, and may require any person to furnish or produce, within a like period, such returns or documents in relation to dried fruits as are prescribed.

(2.) Any person who, being required in pursuance of the last preceding sub-section to produce a licence or to furnish a return or produce documents, refuses or fails to comply with that requirement within the period specified by the prescribed authority shall be guilty of an offence.

Penalty: One hundred pounds.

Regulations.

5. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act and in particular for—

(a) prescribing the conditions (which may include conditions as to the export from Australia of dried fruits by or on behalf of the person applying for a licence) upon which licences may be issued;

(b) prescribing the maximum quantity which may be contained in a consignment of dried fruits which may be carried from a place in one State to a place in Australia beyond that State without the issue of a licence under this Act;

(c) prescribing the kinds and quality of dried fruits for the carriage of which from a place in one State to a place in Australia beyond that State a licence shall not be necessary;

(d) prescribing the form of licences, and the procedure in relation to their use;

(e) prescribing means of identifying the dried fruits to which a licence relates;

(f) conferring upon prescribed authorities and officers powers of entry on, and inspection of, places where any process in connexion with the drying of fruits is carried on, or on or of any places where dried fruits are, or are believed by a prescribed authority or officer to be; and

(g) prescribing penalties not exceeding a fine of Fifty pounds or imprisonment for six months for any offence against or contravention of the Regulations or of any condition of any licence.

Overview

The Dried Fruits Act 1928 was enacted to regulate the trade and commerce of dried fruits such as currants, sultanas, and lexias, both within Australia and with other countries. The Act addresses the need for control over the interstate movement of dried fruits to ensure compliance with trade regulations and standards. Enacted by the Commonwealth Parliament, the policy objective of the Act is to facilitate the licensing and regulation of the carriage of dried fruits across state lines, thereby maintaining quality and preventing potential health risks associated with improper handling or transportation. The Act also allows for the forfeiture of non-compliant consignments and sets penalties for violations, reinforcing the importance of adhering to the prescribed regulations.

Scope and Application

The Dried Fruits Act 1928 applies to any person or entity involved in the carriage of dried fruits across state borders within Australia. This includes the owners or custodians of dried fruits, as well as any individuals or entities responsible for transporting these goods. The Act covers specific types of dried fruits, including dried currants, dried sultanas, and dried lexias, whether they are fully or partially dried. The legislation mandates that a licence must be obtained for the carriage of these dried fruits from one state to another, with specific exceptions as provided by the Regulations. The Act extends to the entire Commonwealth of Australia, encompassing all states and territories. However, it does not apply to the carriage of dried fruits within the boundaries of a single state. The Act's provisions can be extended or detailed further through subordinate instruments, known as Regulations, which can prescribe conditions for licence issuance, permissible quantities, and penalties for non-compliance. Any dried fruits carried in violation of the Act are subject to forfeiture, and prescribed authorities may require security for compliance with licence terms.

Key Provisions

The Dried Fruits Act 1928 primarily governs the inter-state trade of dried fruits within Australia. According to section 3, the Act prohibits the delivery or carriage of dried fruits into or through another state without a valid licence, except as permitted by the Regulations. Section 2 defines "dried fruits" as any dried currants, sultanas, and lexias, including those that are partly dried. Licences can be issued by prescribed authorities, as per section 3(2), and these licences may include specific terms and conditions, including those related to the export of dried fruits. Obligations imposed by the Act include the requirement for anyone in possession of dried fruits to obtain a licence if they wish to transport these goods inter-state. Prescribed authorities have the power to issue these licences, as well as to require security for compliance with licence conditions (section 3(3) and (4)). Furthermore, the Act mandates that any person carrying dried fruits must comply with any return or document production requirements specified by a prescribed authority (section 4(1)). Failure to comply with these obligations is an offence, with a penalty of one hundred pounds as specified in section 4(2). Breach of the provisions of the Act carries certain penalties and consequences. According to section 3(1), transporting dried fruits without a valid licence results in a penalty of one hundred pounds or imprisonment for six months. Any dried fruits carried in contravention of the Act are subject to forfeiture to the Crown (section 3(3)). Additionally, prescribed authorities have the power to cancel a licence if a person is found to have contravened or failed to comply with the terms and conditions of their licence (section 3(4)). Failure to produce a required licence or documents within the specified period also incurs a penalty of one hundred pounds (section 4(2)). The Governor-General can make regulations under section 5 that prescribe penalties not exceeding a fine of fifty pounds or imprisonment for six months for any offence against or contravention of the Regulations or any licence condition.

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Commercial Law
Instrument
Act
Concepts
Definitions & Interpretation
Offence Provisions
Licensing & Registration
Reporting & Disclosure Obligations
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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.