Dried Fruits Export Charges Regulations (Amendment)

Overview

The Dried Fruits Export Charges Regulations 1936 were enacted to amend the rates of export charges on dried fruits imposed under the Dried Fruits Export Charges Act 1924-1929. This legislative instrument was introduced by the Governor-General in Council, following a report from the Dried Fruits Control Board, to address the need for revised charge rates for specific dried fruits exported from Australia. The policy objective was to adjust the export charges in response to market conditions and to ensure that the rates reflected the economic circumstances of the time. This regulation was made under the authority granted by section 4 of the Dried Fruits Export Charges Act 1924-1929, ensuring that the updated charge rates would be effective from the start of the specified period.

Scope and Application

The Dried Fruits Export Charges Act 1924-1929, along with its accompanying regulations, applies to all entities and individuals involved in the export of dried fruits from the Commonwealth of Australia. This includes the producers, exporters, and any intermediaries responsible for the exportation of dried fruits such as currants, sultanas, and lexias. The Act imposes a charge on the export of these goods, with specific rates for each type of dried fruit, as prescribed by the regulations. These regulations can be amended by the Governor-General following a report from the Dried Fruits Control Board, as outlined in the Act. The charge is levied on a per hundredweight basis, with the rates varying according to the type of dried fruit being exported. This legislation operates within the Commonwealth jurisdiction, ensuring uniformity in the export charges across Australia. However, the Act itself does not explicitly state any exclusions or thresholds, leaving the interpretation of its application to the specific circumstances of each case. The Act's provisions can be further detailed or modified through subordinate instruments, providing flexibility in addressing emerging issues or changes in the dried fruits export industry.

Key Provisions

The Dried Fruits Export Charges Regulations 1936, made under the Dried Fruits Export Charges Act 1924-1929, establish the rates at which export charges will be levied on dried fruits exported from Australia. Specifically, Regulation 3 (subsection (a)) sets the charge at sixpence for each hundredweight of dried currants, Regulation 3 (subsection (b)) sets the charge at sixpence for each hundredweight of dried sultanas, and Regulation 3 (subsection (c)) sets the charge at threepence for each hundredweight of dried lexias. These rates apply to all dried fruits exported from the Commonwealth during the twelve-month period commencing on 1 March 1936. The Act imposes specific obligations on entities exporting dried fruits from Australia. These entities must ensure that the appropriate export charge is levied and paid for each type of dried fruit exported. This requirement is detailed in section 3 of the Act, which mandates the imposition, levy and payment of the charge on all dried fruits exported from the Commonwealth. Additionally, entities must comply with the rates specified in Regulation 3 of the Regulations, which supersedes any previous rates. Failure to comply with the provisions of the Act and the Regulations can lead to civil and criminal consequences. Specifically, section 5 of the Act states that any person who contravenes the provisions of the Act or the Regulations is liable to a penalty of up to five pounds for each offence. This penalty is in addition to any other penalties or fines that may be imposed under other relevant legislation. Furthermore, the Act provides for the possibility of prosecution in the event of non-compliance, which could result in further penalties as determined by the courts.