Dried Fruits Act 1933

Overview

The Dried Fruits Act 1933, enacted by the Parliament of the Commonwealth of Australia, serves as an amendment to the Dried Fruits Act 1928. Its primary objective is to update the definition of "dried fruits" within the legislation, thereby clarifying the scope of the act and ensuring that it remains relevant to contemporary practices in the industry. This amendment broadens the definition of dried fruits to include currants, sultanas, lexias, prunes, apricots, peaches, pears, and nectarines, whether completely dried or in the process of being dried. Additionally, the Act introduces a mechanism to potentially exclude certain types of dried fruits from the purview of the act based on a poll of growers, if less than a majority votes in favour of their continued inclusion within six months of the Act's commencement. This provision allows for a democratic process in determining the relevance of the act's regulations to specific types of dried fruits, ensuring that the legislation remains practical and supported by industry stakeholders.

Scope and Application

The Dried Fruits Act 1933 amends the earlier Dried Fruits Act 1928, focusing primarily on the regulation of dried fruits in Australia. The Act applies to various dried fruits including currants, sultanas, lexias, prunes, apricots, peaches, pears, and nectarines, whether they are fully dried or in the process of being dried. The legislation targets persons who grow these fruits, specifically those who produced at least ten hundredweight of any of the aforementioned dried fruits during the preceding twelve-month period. Geographically, the Act applies across the Commonwealth of Australia, thereby encompassing all states and territories within the nation. However, its application to prunes, apricots, peaches, pears, and nectarines is conditional upon a majority vote in favour by growers within six months of the Act's commencement. Should the vote not favour continuation, the relevant section concerning these fruits will cease to have effect, with the cessation date to be determined by proclamation within one month of the six-month period's expiration. This legislative framework allows for flexibility and responsiveness to the needs and opinions of the industry stakeholders.

Key Provisions

The Dried Fruits Act 1933 amends the Dried Fruits Act 1928 to update the definition of "dried fruits" and introduce a poll process for certain types of dried fruits. Under Section 2 of the Act, the term "dried fruits" is redefined to include currants, sultanas, lexias, prunes, apricots, peaches, pears, and nectarines, whether they are completely dried or in the process of drying. This is a significant change from the original definition in the Principal Act, expanding the types of dried fruits covered by the legislation. Section 3 introduces a process whereby a poll of growers is taken within six months of the Act's commencement. If the poll results in less than a majority in favour of continuing Section 2 as it applies to prunes, apricots, peaches, pears, and nectarines, these types of dried fruits will cease to be covered by the Act. The cessation of the section’s effect will be effective on a date fixed by proclamation, but no later than one month after the six-month period from the Act's commencement. For the purposes of this section, "growers" are defined as those who produced not less than ten hundredweight of any of the specified kinds of dried fruits in the twelve months prior to the poll. The Act imposes certain obligations on the parties it governs. Growers of the specified types of dried fruits must participate in the poll if they meet the criteria of having produced at least ten hundredweight of the fruits in the preceding twelve months. The government or relevant authority is required to conduct the poll in the prescribed manner and make a proclamation if the poll results in less than a majority in favour of continuing the provisions. There are no explicit offences, penalties, or civil/criminal consequences outlined in the provided text for breaches of the Act. The text focuses primarily on the procedural aspects of the poll and the potential cessation of certain provisions based on the poll's outcome. It is essential for parties to comply with the poll process as stipulated to avoid any unintended consequences that might arise from the cessation of the Act's provisions for certain dried fruits.