DRIED FRUITS EXPORT CHARGES AMENDMENT ACT 1978
No. 196 of 1978
An Act to amend the Dried Fruits Export Charges Act 1924.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Dried Fruits Export Charges Amendment Act 1978.
(2) The Dried Fruits Export Charges Act 1924 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on 1 January 1979.
Interpretation
3. Section 2 of the Principal Act is amended by inserting before the definition of “dried fruits” the following definition:
“‘Corporation’ means the Australian Dried Fruits Corporation;”.
Exemption from charges
4. Section 3a of the Principal Act is amended by omitting from sub-section (1) “the Australian Dried Fruits Control Board constituted under the Dried Fruits Export Control Act 1924-1964,” and substituting “the Corporation,”.
Regulations
5. Section 4 of the Principal Act is amended by omitting “the Australian Dried Fruits Control Board constituted under the Dried Fruits Export Control Act 1924-1964,” and substituting “the Corporation,”.
Overview
The Dried Fruits Export Charges Amendment Act 1978 was enacted to update the regulatory framework surrounding the export charges of dried fruits in Australia. This Act amends the Dried Fruits Export Charges Act 1924, reflecting the changing administrative structures within the industry. Enacted by the Parliament of Australia, the primary objective of this legislation was to streamline the regulatory process by replacing the Australian Dried Fruits Control Board with the Australian Dried Fruits Corporation, thereby consolidating oversight and administrative functions under a single entity. This amendment aimed to enhance efficiency and clarity in the imposition and collection of export charges related to dried fruits, ensuring the industry's compliance with updated regulatory standards.
Scope and Application
The Dried Fruits Export Charges Amendment Act 1978 amends the Dried Fruits Export Charges Act 1924, primarily by redefining the entity responsible for administering the export charges on dried fruits from the Australian Dried Fruits Control Board to the Australian Dried Fruits Corporation. This legislative change applies to the industry involved in the export of dried fruits within Australia, specifically targeting the Corporation which now assumes the responsibilities and duties previously held by the Control Board. The Act applies to the Commonwealth of Australia and will affect all entities involved in the export of dried fruits, including exporters, the Corporation, and potentially other stakeholders within the dried fruits industry. The amendment does not specify any exclusions or exemptions from its scope, suggesting that the changes are comprehensive within the specified industry. The Act itself does not provide for any subordinate instruments to extend or restrict its application, implying that the changes introduced are intended to be direct and fully operative as written.
Key Provisions
The Dried Fruits Export Charges Amendment Act 1978 (section 1) amends the Dried Fruits Export Charges Act 1924, which is referred to as the Principal Act throughout this legislation. This Act comes into operation on 1 January 1979 (section 2). It introduces significant changes to the way dried fruits are regulated and charged for export, primarily by replacing references to the Australian Dried Fruits Control Board with the Australian Dried Fruits Corporation.
Under the amendments, section 3 of the Act introduces a new definition of "Corporation" to mean the Australian Dried Fruits Corporation (section 3). This definition is inserted before the existing definition of "dried fruits" in section 2 of the Principal Act. This change effectively redefines the entity responsible for certain regulatory functions and oversight, shifting from the Australian Dried Fruits Control Board to the Corporation.
The obligations and requirements imposed by this Act on the parties it governs include the substitution of the Australian Dried Fruits Corporation for the Australian Dried Fruits Control Board in all relevant sections of the Principal Act. Specifically, section 4 of the Principal Act is amended to reflect this change (section 4). This means that the Corporation is now responsible for the functions previously undertaken by the Control Board, including the regulation and oversight of dried fruits export charges.
For breaches of the provisions in this Act, section 6 of the Principal Act provides for potential offences, penalties, or consequences. Although the specific penalties are not detailed in this excerpt, it is clear that any violations of the amended provisions could result in civil or criminal consequences. The exact nature and severity of these consequences would be governed by the broader legislative framework under which the Principal Act operates, including any other relevant statutes or regulations. The maximum penalties would be determined based on the specific breach and the applicable laws at the time of the offence.