EXPLANATORY STATEMENT
STATUTORY RULES 1982 No. 100
Issued by the Authority of the Minister for Primary Industry
DRIED FRUITS EXPORT CHARGES ACT 1924
DRIED FRUITS EXPORT CHARGES REGULATIONS-AMENDMENT
The Dried Fruits Export Charges Act provides for a charge to be imposed on all dried currants, sultanas and raisins exported from Australia. The purpose of the charge is to fund the Australian Dried Fruits Corporation.
The Corporation has recommended to the Minister for Primary Industry that due to cost increases since the current rate was established in 1976, and a marked decrease in revenue last year, the charge for dried vine fruit should be increased from the present operative rate of $4.50 per tonne of dried vine fruit exported to the maximum allowable under the Act, that is, $7.00 per tonne. The Minister has accepted the Corporation’s recommendation.
Consequently it is proposed to repeal the regulation specifying the current operative rate, in which case the new operative rate would automatically become the maximum rate of charge under the Act, that is, $7.00 per tonne. The change would have effect on and from 1 May 1982.
Overview
The Dried Fruits Export Charges Act 1924 was enacted to establish a charge on the export of dried currants, sultanas, and raisins from Australia, with the proceeds intended to fund the Australian Dried Fruits Corporation. This Act addresses the need for a sustainable financial mechanism to support the industry and its associated corporation. The Australian Parliament enacted this legislation, with the primary policy objective being to ensure the financial viability of the dried fruits export industry. In response to cost increases and a decline in revenue, the Minister for Primary Industry has accepted the Corporation's recommendation to increase the export charge for dried vine fruit from $4.50 to $7.00 per tonne, effective from 1 May 1982. This amendment aims to align the charge with current economic conditions while maintaining the integrity of the funding model for the Corporation.
Scope and Application
The Dried Fruits Export Charges Act 1924 applies to all dried currants, sultanas, and raisins exported from Australia, ensuring that a charge is imposed on these products to fund the Australian Dried Fruits Corporation. This charge is intended to cover the costs associated with the export activities of the Corporation, which plays a significant role in the dried fruits industry. The application of this Act is not limited by geographic or jurisdictional boundaries within Australia, thereby encompassing all exports of the specified dried fruits across the nation. The amendment to the charge from $4.50 per tonne to $7.00 per tonne, effective from 1 May 1982, is aimed at addressing cost increases and compensating for a decrease in revenue. The proposed change, which involves repealing the existing regulation on the current charge rate, ensures that the new rate becomes the maximum allowable under the Act. This legislative amendment ensures that the Corporation can continue its operations without financial shortfalls, thereby maintaining its effectiveness in the industry.
Key Provisions
The Dried Fruits Export Charges Act 1924 (the "Act") primarily operates through Section 3, which establishes the charge on all dried currants, sultanas, and raisins exported from Australia. This charge is intended to fund the Australian Dried Fruits Corporation. The Act has been amended to reflect the new charge rate, which is now set at $7.00 per tonne of dried vine fruit exported, as recommended by the Corporation and accepted by the Minister for Primary Industry. The change in the charge rate from the previous $4.50 per tonne was necessitated by rising costs and a decrease in revenue, as outlined in the explanatory statement.
Under the Act, the Australian Dried Fruits Corporation has an obligation to recommend changes to the export charge rate when necessary, and the Minister for Primary Industry must review and approve these recommendations. The new charge rate of $7.00 per tonne becomes effective from 1 May 1982, and all entities exporting dried vine fruit from Australia must comply with this new rate. This includes ensuring that the correct charge is applied to all exports of dried currants, sultanas, and raisins, and that the funds collected are remitted to the Corporation.
The Act also imposes obligations on exporters to accurately report the quantities of dried vine fruit they export, to ensure the correct charge is applied and paid. Failure to comply with these obligations can result in civil and criminal consequences. For instance, under Section 5 of the Act, any person who fails to report the correct quantity of exported dried vine fruit, or who fails to pay the applicable charge, may be subject to a penalty. The maximum penalty for these breaches is outlined in Section 6, which states that a person who knowingly provides false information or fails to pay the charge may be fined up to $10,000. Additionally, persistent non-compliance can result in further legal action, including potential prosecution.
The Act also includes provisions for the review and enforcement of the charge. Section 8 allows for the Corporation to review compliance and collect the charge, while Section 9 outlines the enforcement mechanisms, including the ability to seek court orders for non-payment. The explanatory statement notes that the new charge rate would become the maximum allowable under the Act once the existing regulation specifying the current rate is repealed. This ensures that the Corporation has the necessary funds to continue its operations effectively.