Dried Fruits Export Charges Regulations (Amendment)

Overview

The Dried Fruits Export Charges Regulations (Amendment) Statutory Rules 1988, issued under the authority of the Minister of State for Resources, amend the Dried Fruits Export Charges Regulations 1924. This legislation, enacted by the Australian Parliament, was introduced to address the need for a continued and effective promotional program for Australian dried fruits in overseas markets. The Dried Fruits Export Charges Act 1924 originally established a charge on the export of dried currants, dried sultanas, and dried raisins to fund the Australian Dried Fruits Corporation. The policy objective of this amendment is to increase the operative rate of charge from $20 per tonne to $22 per tonne, effective from 1 January 1989, to ensure that sufficient funds are available to support the Corporation’s promotional activities. This increase is in response to a request from the Corporation, backed by the Australian Dried Fruits Association, which represents the producers.

Scope and Application

The Dried Fruits Export Charges Act 1924 applies to all entities involved in the export of dried currants, dried sultanas and dried raisins from Australia, including producers, exporters, and any other relevant parties associated with the export process of these dried fruits. This Act serves to impose a charge on the export of these specific dried fruits to fund the operations of the Australian Dried Fruits Corporation. The geographic reach of the Act is national, as it pertains to exports leaving Australia. The charge is designed to support promotional activities for Australian dried fruits in international markets, thus enhancing the market presence and competitiveness of these products. The Act allows for adjustments to the charge rate, which is currently set at a maximum of $30 per tonne, through the issuance of subordinate Statutory Rules, such as the Dried Fruits Export Charges Regulations (Amendment) which came into effect from 1 January 1989, increasing the rate from $20 to $22 per tonne. This amendment was prompted by the need to sustain effective promotional activities, as supported by the Australian Dried Fruits Association.

Key Provisions

The Dried Fruits Export Charges Regulations (Amendment) Statutory Rules (1988) amend the Dried Fruits Export Charges Act 1924 by adjusting the export charge rate for dried currants, dried sultanas, and dried raisins. The primary operative section of these amendments is the alteration to the charge rate from $20 per tonne to $22 per tonne, effective from 1 January 1989 (section 3). This increase in the export charge is intended to provide additional funding to the Australian Dried Fruits Corporation, enabling it to continue its promotional activities in overseas markets for Australian dried fruits. The new charge rate is still within the maximum limit set by the Act of $30 per tonne (section 5). Entities and individuals exporting dried fruits from Australia are required to comply with these amended regulations. They must ensure that the increased export charge of $22 per tonne is levied and collected for all shipments of dried currants, dried sultanas, and dried raisins leaving Australian ports from the effective date. This obligation includes accurate documentation and reporting of the charges applied to each shipment to maintain transparency and compliance with the legislative requirements (section 4). The Australian Dried Fruits Corporation is responsible for overseeing the collection of these charges and the proper allocation of the funds raised to support promotional activities. Breaches of the amended regulations can result in legal consequences. Section 7 of the Dried Fruits Export Charges Act 1924 stipulates that any person or entity that fails to comply with the export charge provisions may be subject to penalties. While the specific penalties are not detailed in the provided text, it is common under Australian law for non-compliance with regulatory requirements to incur financial penalties or other enforcement actions. Additionally, repeated or deliberate non-compliance could lead to more severe consequences, including potential prosecution under relevant criminal statutes, which might result in fines or imprisonment depending on the severity of the breach.