Dried Fruits Export Charges Regulations (Amendment)

Overview

The Dried Fruits Export Charges Regulations 1973 were enacted under the authority of the Governor-General of Australia, acting with the advice of the Executive Council. These regulations were formulated to amend the existing Dried Fruits Export Charges Regulations, addressing specific administrative aspects of the collection of export charges on dried fruits. The regulations were made under the Dried Fruits Export Charges Act 1924-1970, which was designed to impose charges on the export of dried fruits and manage the collection of these charges. The regulations came into effect on 1 July 1973, replacing Regulation 6 of the previous regulations to specify that each officer holding, or performing the duties of, the office of Collector of Public Moneys, Department of Primary Industry in the capital city of a State is a prescribed officer. The policy objective of these amendments was to streamline the administrative process and ensure that the collection of export charges is managed efficiently within the framework of the Act.

Scope and Application

The Dried Fruits Export Charges Regulations 1973, made under the Dried Fruits Export Charges Act 1924-1970, apply to the collection of export charges on dried fruits exported from Australia. The regulations pertain to individuals and entities responsible for the export of dried fruits, and they outline the process for remitting export charges to the appropriate authorities. These regulations have a national reach, affecting all states and territories within Australia, as they mandate the procedures for paying export charges to the Collector of Public Moneys in the capital city of each state. Notably, these regulations were amended to specify the officers who are authorised to receive moneys under the act, with the amendment effective from 1st July 1973. While the regulations themselves set out the specific application and procedural requirements, the act and any further amendments or clarifications may be addressed through subordinate instruments, thereby extending or restricting the application of the legislation as necessary.

Key Provisions

The Dried Fruits Export Charges Regulations 1973, made under the Dried Fruits Export Charges Act 1924-1970, introduce specific amendments to the existing regulatory framework. Commencing on 1st July 1973, these Regulations amend the existing provisions by repealing Regulation 6 and substituting it with a new provision that specifies the officers to whom moneys are to be paid. According to the new Regulation 6 (section 3(3) of the Act), each officer holding, or performing the duties of, the office of Collector of Public Moneys, Department of Primary Industry in the capital city of a State is now a prescribed officer. This amendment ensures that the process of collecting export charges is streamlined and centralised within the capital cities, thereby enhancing the efficiency and effectiveness of the regulatory process. The obligations imposed by these Regulations on the parties or entities they govern primarily revolve around the identification and designation of authorised officers responsible for collecting export charges. This includes any officer holding, or performing the duties of, the office of Collector of Public Moneys within the Department of Primary Industry in the capital city of a State. These designated officers must adhere to the provisions of the Act and ensure that the appropriate export charges are collected and remitted as required. The Regulations mandate that these officers are to be recognised as prescribed officers for the purposes of the Act, ensuring a clear and consistent approach to the enforcement and collection of export charges. In terms of enforcement and compliance, the Regulations do not explicitly state offences, penalties, or civil/criminal consequences for breaches within the text. However, it is reasonable to infer that any failure to comply with the requirements of the Act and these Regulations could potentially lead to enforcement actions under the broader legislative framework of the Dried Fruits Export Charges Act 1924-1970. This could include civil penalties, administrative sanctions, or legal proceedings against non-compliant parties. Given the nature of the Act, any significant breach could also result in criminal penalties, although the exact nature and maximum penalties would be detailed within the primary Act itself rather than in these Regulations.