STATUTORY RULES.
1939. No. 17.
REGULATION 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 thirty-nine 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 second day of March, 1939.
(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 be deemed to have come into operation on the first day of March, 1939.
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 Regulation 4 of the Dried Fruits Export Charges Regulations is repealed and the following regulation inserted in its stead:—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 , 1939.
†Statutory Rules 1938, No. 23,
848.—8/17,2,1939.—Price 3d.
dried sultanas and dried lexias exported from the Commonwealth on or after the first day of March, 1939, shall be imposed, levied and paid at the following rates:—
(a) the rate in respect of dried currants shall be fourpence halfpenny for each hundredweight of dried currants exported;
(b) the rate in respect of dried sultanas shall be sixpence for each hundredweight of dried sultanas exported; and
(c) the rate in respect of dried lexias shall be sixpence 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 manage the export of dried fruits, specifically dried currants, dried sultanas, and dried lexias, from Australia. This legislation enabled the imposition of export charges on these commodities, facilitating revenue generation and control over their export. The Act was enacted by the Australian Parliament and was designed to regulate the exportation of dried fruits by setting specific charges, thereby ensuring a structured and fiscally responsible export process. In 1939, the Governor-General, in accordance with the Act and following a report from the Dried Fruits Control Board, issued regulations under the Act to adjust the export charges for these dried fruits, aiming to lower the rates and possibly encourage more exports by making them more cost-effective.
Scope and Application
The Dried Fruits Export Charges Regulations, made under the Dried Fruits Export Charges Act 1924-1929, apply to dried currants, dried sultanas, and dried lexias exported from the Commonwealth of Australia on or after 1 March 1939. These regulations impose specific charges on these dried fruits, as prescribed by the Governor-General, based on the advice of the Dried Fruits Control Board. The charges are differentiated according to the type of dried fruit: fourpence halfpenny per hundredweight for dried currants, sixpence per hundredweight for dried sultanas, and sixpence per hundredweight for dried lexias. This legislative instrument operates on a national level, applying uniformly across the Commonwealth and effectively extending the provisions of the principal Act to regulate the export charges for the specified dried fruits.
Key Provisions
The key operative sections of the Dried Fruits Export Charges Regulations (1939) pertain to the amendment of the rates of charge on dried fruits exported from Australia. Specifically, section 2 of the Regulations repeals an existing regulation and replaces it with new rates, which are to take effect from the first day of March, 1939, as stated in section 1. Section 4 outlines the new charge rates for different types of dried fruits: fourpence halfpenny per hundredweight for dried currants, sixpence per hundredweight for dried sultanas, and sixpence per hundredweight for dried lexias.
These Regulations impose a clear obligation on parties exporting dried currants, dried sultanas, and dried lexias from Australia to adhere to the newly prescribed rates of charge. The charge must be levied and paid according to the specified rates for any exports made on or after the commencement date of the Regulations, which is March 1, 1939. The regulations ensure that the new rates are applied consistently across all exports of these dried fruits, thereby maintaining a uniform standard for the charge imposed.
Under these Regulations, there are no specific offences or penalties outlined for breaches of the charge rates. However, failure to comply with the imposed charge rates could potentially lead to legal consequences under the broader Dried Fruits Export Charges Act 1924-1929, which might include fines or other penalties as stipulated in that Act. The precise nature and extent of any penalties would depend on the provisions of the primary Act and any relevant enforcement actions taken by the relevant authorities.