STATUTORY RULES.
1935. No. 15.
REGULATIONS UNDER THE DRIED FRUITS EXPORT CHARGES ACT 1924-1929.*
WHEREAS it is provided by section 3 of the Dried Fruits Export Charges Act 1924-1929 that a charge is imposed and shall be levied and paid on all dried fruits exported from the Commonwealth, and that the rate of charge shall be one-eighth of a penny for each pound of dried fruits exported, or in the case of dried currants, dried sultanas and dried lexias, such lower rate is as prescribed by the regulations:
And whereas it is provided by section 4 of that Act 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, 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 rate of charge imposed on dried currants, dried sultanas and dried lexias exported from the Commonwealth during the period of twelve months commencing on the first day of March, One thousand nine hundred and thirty-five should be as prescribed by the regulations hereunder:
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-seventh day of February, 1935.
(Sgd.) ISAAC A. ISAACS.
Governor-General.
By His Excellency’s Command,
For the Minister of State for Commerce.
Amendment of the Dried Fruits Export Charges Regulations.†
1. Regulation 3 of the Dried Fruits Export Charges Regulations is repealed and the following regulation inserted in its stead:—
Rate of charge.
“3. The charge imposed and to be levied and paid under section 3 of the Act on all dried fruits exported from the Commonwealth shall,
* Notified in the Commonwealth Gazette on February, 1935.
† Statutory Rules 1927, No. 30, as amended by Statutory Rules 1928, No. 43; 1929, Nos. 24 and 41; 1930, No. 24; 1931, No. 18; 1932, No. 17; 1933, No. 20; and 1934, No. 28.
569.—6/19.2.1935.—Price 3d.
during the period of twelve months commencing on the first day of March, 1935, be imposed, levied and paid at the following rates:—
(a) The rate in respect of dried currants shall be sixpence 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.
(c) The rate in respect of dried lexias shall be threepence for each hundredweight of dried lexias exported.”.
Commencement.
2. The last preceding regulation shall come into operation on the first day of March, 1935.
By Authority: L. F. Johnston, Commonwealth Government Printer. Canberra.
Overview
The Dried Fruits Export Charges Regulations 1935, enacted under the authority of the Dried Fruits Export Charges Act 1924-1929, were introduced to address the need for setting specific export charges on dried fruits leaving Australia. The regulations were developed in response to the provisions of the Act, which required the imposition of a charge on all dried fruits exported from the Commonwealth and allowed for the possibility of varying the charge rates based on recommendations from the Dried Fruits Control Board. The policy objective of these regulations was to provide a structured framework for levying charges on dried fruits exports, ensuring a fair and regulated system that could adapt to market conditions as reported by the relevant control board. The enactment of these regulations was authorised by the Governor-General in Council, reflecting the legislative process in place during that period.
Scope and Application
The Dried Fruits Export Charges Act 1924-1929 applies to all entities or individuals involved in the export of dried fruits from the Commonwealth of Australia. This encompasses a broad range of industries and conduct related to the export of specified dried fruits, namely dried currants, dried sultanas, and dried lexias. The Act imposes a charge on these exports, which is levied and paid at specific rates prescribed under the Act and its subsequent regulations. The geographic reach of the Act is limited to the Commonwealth, ensuring that it applies uniformly across Australia. The Act provides for the imposition of a charge at a rate of one-eighth of a penny for each pound of dried fruits exported, with lower rates specified for dried currants, dried sultanas, and dried lexias, as detailed in the regulations. These rates are further refined through subordinate instruments, such as the Dried Fruits Export Charges Regulations, which can prescribe rates that vary by type of dried fruit and time period. The regulations can also specify exemptions or thresholds for certain categories of exports, although the provided text does not detail any such exclusions. The application of the Act and its regulations is jurisdictional, applying only within the Commonwealth, and is enforced through the authority of the Governor-General and the Federal Executive Council.
Key Provisions
The Dried Fruits Export Charges Regulations 1935, made under the Dried Fruits Export Charges Act 1924-1929, primarily focus on amending the rates of export charges for dried fruits. According to Regulation 3, during the period of twelve months starting from the first day of March 1935, the charge for dried currants is set at sixpence per hundredweight, for dried sultanas at sixpence per hundredweight, and for dried lexias at threepence per hundredweight (Regulation 3(a), (b), and (c)). These rates replace previous regulations and come into effect on the first day of March 1935 (Regulation 2).
The Act imposes specific obligations on exporters of dried fruits, requiring them to pay the prescribed export charges. Exporters must ensure they are aware of the applicable rates for the specific types of dried fruits they are exporting, and remit the appropriate charges to the relevant authorities. This obligation is tied to the statutory requirement that the charges be levied and paid on all dried fruits exported from the Commonwealth, as stipulated in section 3 of the Act.
Breaches of the regulations, such as failure to pay the prescribed export charges or non-compliance with the stipulated rates, may result in legal consequences. While the specific penalties are not detailed in the provided text, it is reasonable to infer that penalties for non-compliance with export charges legislation typically include fines or other civil or criminal sanctions. Given the historical context, these could potentially involve administrative penalties under the relevant legislation of the time.