Dried Fruits Export Charges Regulations (Amendment)

Overview

The Dried Fruits Export Charges Act 1924 was enacted to establish a charge on all dried currants, dried sultanas, and dried raisins exported from Australia. The purpose of this charge is to generate funds for the Australian Dried Fruits Corporation, which utilises these funds to promote the export of Australian dried fruits. The Act empowers the Governor-General to make regulations to prescribe matters necessary for implementing the Act, including setting the charge rate. In response to the Corporation's request to maintain its promotional activities in real terms, the Minister for Primary Industries and Energy approved an increase in the charge from $22 to $25 per tonne, effective from 1 January 1990. This amendment was supported by the Australian Dried Fruits Association, which represents dried fruit producers. The Dried Fruits Export Charges Regulations (Amendment) were subsequently enacted to reflect this increase in the charge rate.

Scope and Application

The Dried Fruits Export Charges Act 1924 applies to all exports of dried currants, dried sultanas, and dried raisins from Australia. The Act imposes an export charge to fund the operations of the Australian Dried Fruits Corporation, with the primary objective of maintaining and enhancing promotional efforts in overseas markets to support Australian dried fruit producers. The Act mandates a charge of up to 3 cents per kilogram ($30 per tonne), and the current regulations, as amended, have set the operative rate at 2.5 cents per kilogram ($25 per tonne) effective from 1 January 1990. The legislative scope includes the imposition of this charge, with the authority to make regulations concerning the charge rate vested in the Governor-General under the Act. The regulations, subject to ministerial approval, have been amended to reflect the increase in the export charge rate. This adjustment was recommended by the Australian Dried Fruits Corporation and supported by the Australian Dried Fruits Association, ensuring the Corporation can continue its promotional activities at the necessary level. The Act's application is nationwide, covering all exports of the specified dried fruits from Australia, and does not currently provide for any exclusions or exemptions.

Key Provisions

The Dried Fruits Export Charges Regulations (Amendment) 1989 (the Regulations) amend the Dried Fruits Export Charges Regulations 1924 by adjusting the rate of the export charge for dried currants, dried sultanas, and dried raisins exported from Australia. Under section 4(1) of the Dried Fruits Export Charges Act 1924, these Regulations are made to prescribe matters required or permitted by the Act and necessary for its operation. The Regulations set out the new operative rate of the export charge as 2.5 cents per kilogram ($25 per tonne) from 1 January 1990, as agreed by the Minister for Primary Industries and Energy. The obligations imposed by the Regulations on the parties involved are primarily concerned with the payment of the export charge. Section 5 of the Act requires that the charge be levied on all exported dried fruits at the rate specified in the Regulations. The Australian Dried Fruits Corporation, which administers the charge, is obligated to ensure that the correct amount is collected from exporters. Exporters of dried fruits must declare the quantity of their consignment and pay the applicable charge to the Corporation. The Regulations also mandate that the Corporation use the collected funds for the promotion of Australian dried fruits in overseas markets, as stipulated by the Act. Breaches of the Regulations can lead to civil and criminal consequences. Under section 15 of the Act, any person who fails to pay the export charge or provides false or misleading information in the declaration may be subject to penalties. The maximum penalty for a breach is specified as $1,100 for individuals and $5,500 for bodies corporate, as outlined in section 15(2) of the Act. Additionally, wilful failure to declare the quantity of dried fruits exported may result in prosecution, with the potential for further penalties as determined by the courts. These provisions ensure compliance and the effective collection of the export charge for the promotion of Australian dried fruits.