STATUTORY RULES.
1940. No. 41.
REGULATIONS UNDER THE DRIED FRUITS EXPORT CHARGES ACT 1924-1929.*
WHEREAS by section 4 of the Dried Fruits Export Charges Act 1924-1929 it is provided that the Governor-General may, after report to the Minister by the Dried Fruits Control Board constituted under the Dried Fruits Export Control Act 1924-1938, make Regulations prescribing a lower rate of the charge imposed on dried currants, dried sultanas or dried lexias exported from the Commonwealth on or after such date as is specified in the Regulations, not being earlier than the first day of March, One thousand nine hundred and twenty-seven:
And whereas the said Dried Fruits Control Board has reported to the Minister that the rates of charge imposed on dried currants, dried sultanas and dried lexias exported from the Commonwealth on or after the first day of March, One thousand nine hundred and forty, should be as prescribed by the regulations hereunder, being rates lower than the rates imposed by the Dried Fruits Export Charges Act 1924-1929:
Now therefore I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following regulations under the Dried Fruits Export Charges Act 1924-1929.
Dated this twenty eighth day of February, 1940.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
For Minister of State for Commerce.
Amendment of the Dried Fruits Export Charges Regulations.†
Commencement.
1. These Regulations shall come into operation on the first day of March, 1940.
2. Regulation 4 of the Dried Fruits Export Charges Regulations is repealed and the following regulation inserted in its stead:—
“Rates of charge on certain dried fruits.
4. The charge imposed and to be levied and paid under section 3 of the Dried Fruits Export Charges Act 1924-1929 on dried currants,
* Notified in the Commonwealth Gazette on February, 1940
† Statutory Rules 1938, No. 23, as amended by Statutory Rules 1939, No. 17.
1007.—7/16.2.1940.—Price 3d.
dried sultanas and dried lexias exported from the Commonwealth on or after the first day of March, 1940, shall be imposed, levied and paid at the following rates:—
(a) the rate in respect of dried currants shall be threepence for each hundredweight of dried currants exported;
(b) the rate in respect of dried sultanas shall be fourpence halfpenny for each hundredweight of dried sultanas exported; and
(c) the rate in respect of dried lexias shall be fourpence halfpenny for each hundredweight of dried lexias exported.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Dried Fruits Export Charges Act 1924-1929 was enacted to impose and regulate export charges on certain dried fruits. This legislation aimed to address the need for structured export charges to ensure compliance and fairness in the export trade of dried currants, dried sultanas, and dried lexias. The Act provided a framework for the imposition of these charges and allowed for the setting of specific rates through regulations. The problem it addressed was the requirement for a systematic approach to charging exporters of these particular dried fruits, ensuring that the charges were both effective and reasonable. The enacting body was the Commonwealth Parliament, and the policy objective was to establish a clear and regulated system for export charges on specified dried fruits, as outlined in the Act. The Dried Fruits Export Charges Regulations 1940 further defined these charges, reducing them from the rates set by the Act and providing a more precise framework for their collection.
Scope and Application
The Dried Fruits Export Charges Regulations, established under the Dried Fruits Export Charges Act 1924-1929, apply to the export of dried currants, dried sultanas, and dried lexias from the Commonwealth of Australia. These regulations are applicable to all entities involved in the export of these specific dried fruits, ensuring that the prescribed charges are imposed and paid accordingly. The geographic reach of these regulations is limited to the Commonwealth, meaning they are applicable within the national boundaries of Australia. The regulations outline the rates of charge applicable to the export of these dried fruits, with specific rates set for each type of fruit per hundredweight. The regulations also note the amendment of previous rates and the effective date of these changes, effective from the first day of March, 1940. The regulations provide for the prescribed charge to be levied and paid under the authority of the Dried Fruits Export Charges Act, and they come into operation as specified, thereby replacing previous rates with the new ones set forth in these regulations.
Key Provisions
The Dried Fruits Export Charges Regulations 1940 outline several key provisions which are central to the implementation of the Dried Fruits Export Charges Act 1924-1929. Regulation 1 specifies that these Regulations will come into effect on the first day of March, 1940. Regulation 2 repeals the previous regulation 4 and replaces it with new rates for export charges on dried currants, dried sultanas, and dried lexias. Under the new regulation 4, the charge for dried currants is set at threepence per hundredweight, while the charge for dried sultanas and dried lexias is set at fourpence halfpenny per hundredweight.
These regulations impose clear obligations on parties involved in the export of dried fruits from Australia. Specifically, Regulation 4 sets out the rates at which charges must be imposed, levied, and paid on the specified dried fruits. The charges must be calculated based on the weight of the exported goods and the type of dried fruit being exported. Exporters must ensure they adhere to these rates when exporting the specified dried fruits after the commencement date of the Regulations.
Breaches of these regulations could result in various consequences. While the regulations themselves do not explicitly detail offences, penalties, or consequences for non-compliance, the underlying Act may provide such provisions. Under the Dried Fruits Export Charges Act 1924-1929, penalties for non-compliance could include fines or other financial penalties as prescribed by the relevant authorities. Additionally, failure to comply with these regulations could lead to legal actions being taken against the defaulting party, potentially resulting in civil or criminal liabilities. The exact penalties would be determined in accordance with the relevant provisions of the Act and any applicable laws governing such breaches.