Dried Fruits Export Charges
No. 18 of 1970
An Act to amend the Dried Fruits Export Charges Act 1924–1965.
[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 Dried Fruits Export Charges Act 1970.
(2.) The Dried Fruits Export Charges Act 1924–1965 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Dried Fruits Export Charges Act 1924–1970.
Commencement.
2.—(1.) Subject to the next succeeding sub-section, this Act shall come into operation on the day on which it receives the Royal Assent.
(2.) Section 3 of this Act shall come into operation on a date to be fixed by Proclamation.
Charge on export of dried fruits.
3. Section 3 of the Principal Act is amended by omitting from sub-section (2.) the words “one-tenth of a cent” and inserting in their stead the words “three-tenths of a cent”.
Regulations.
4. Section 4 of the Principal Act is amended—
(a) by omitting the word “imposed”; and
(b) by inserting after the word “Commonwealth” the words “in respect of which entry for export is made”.
Making of regulations.
5. At any time after the commencement of this section and before the date fixed under sub-section (2.) of section 2 of this Act, regulations may be made under the Principal Act as amended by this Act as if section 3 of this Act had come into operation, but regulations so made shall not come into operation before the date fixed under that sub-section.
Application of amendment.
6. The amendment made by section 3 of this Act does not apply in relation to dried fruits in respect of which entry for export is made before the date fixed under sub-section (2.) of section 2 of this Act.
Overview
The Dried Fruits Export Charges Act 1970 was enacted by the Commonwealth Parliament to amend the Dried Fruits Export Charges Act 1924–1965, addressing the need to adjust the export charge rates for dried fruits. This Act updates the charge from one-tenth of a cent to three-tenths of a cent per pound of dried fruits exported, reflecting changes in economic conditions and trade practices. The Act specifies that while it comes into operation upon receiving Royal Assent, certain sections, such as the amendment to the export charge, will be effective from a date to be fixed by proclamation. The legislation also includes provisions for the making of regulations and specifies that the amendments will not apply retroactively to exports entered for before the fixed date.
The policy objective underlying this Act is to ensure that the export charge accurately reflects contemporary economic realities, thereby maintaining fairness and efficiency in the export process for dried fruits. By updating the charge rate, the Act aims to provide a more precise and relevant financial contribution from exporters, which can be reinvested into the industry or related regulatory frameworks. The Act's amendments are designed to be forward-looking, ensuring that the regulatory environment remains responsive to the needs of the market and stakeholders.
Scope and Application
The Dried Fruits Export Charges Act 1970 serves as an amendment to the Dried Fruits Export Charges Act 1924–1965, primarily focusing on adjusting the charge imposed on the export of dried fruits. This Act applies to individuals and entities involved in the export of dried fruits from Australia, thereby affecting the dried fruits industry directly. The jurisdiction of this Act is federal, as it is an Act of the Commonwealth of Australia, and it applies nationally. Notably, the Act allows for the making of regulations that can further define and refine the application of the amended charges, extending its scope and regulatory reach. However, the amendments made by this Act do not retroactively apply to exports of dried fruits that were entered for export before the Act's effective date, providing a clear temporal boundary to its application.
Key Provisions
The Dried Fruits Export Charges Act 1970 primarily amends the Dried Fruits Export Charges Act 1924–1965, referred to as the Principal Act (sections 1 and 2). The amendment changes the charge on the export of dried fruits, increasing it from one-tenth of a cent to three-tenths of a cent per pound (section 3). This change is effective from the date fixed by proclamation, which is to be determined at a later stage (section 2(2)). The Act also modifies the scope of the charge to apply only to dried fruits for which entry for export is made after the effective date of the amendment (section 4). Regulations under the amended Principal Act can be made before this effective date but will not take effect until then (section 5).
The Act imposes specific obligations on parties involved in the export of dried fruits. Exporters must ensure that the amended charge is applied to exports occurring after the effective date of the amendment (section 3). The Australian government, through the relevant authorities, is required to enforce the new charge and ensure compliance with the amended legislation. Additionally, any regulations made under the Principal Act must be consistent with the amendments introduced by this Act and will only apply to exports made after the effective date (section 5).
Breach of the provisions of this Act can lead to various consequences. Although specific offences and penalties are not detailed in the provided text, it is reasonable to infer that non-compliance with the amended charge and regulations could result in civil or administrative penalties. These penalties may include fines or other sanctions imposed by the relevant authorities. Given the legislative context, the maximum penalties would likely align with those stipulated in the Principal Act or other related legislation, but precise details are not provided here.