Statutory Rules
1976 No. 70
REGULATIONS UNDER THE DRIED FRUITS EXPORT CHARGES ACT 1924-1975.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Executive Council and after report to the Minister of State administering the Dried Fruits Export Charges Act 1924-1975 by the Australian Dried Fruits Control Board constituted under the Dried Fruits Export Control Act 1924-1973, hereby make the following Regulations under the Dried Fruits Export Charges Act 1924-1975.
Dated this nineteenth day of February, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
IAN SINCLAIR
Minister of State for Primary Industry.
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DRIED FRUITS EXPORT CHARGES REGULATIONS
Citation.
1. These Regulations may be cited as the Dried Fruits Export Charges Regulations.
Commencement.
2. These Regulations shall come into operation on 1 March 1976.
Repeal.
3. The Dried Fruits Export Charges Regulations (comprising Statutory Rules 1956, No. 85; 1964, No. 24; 1970, No. 88; 1973, Nos. 79 and 117; and 1975, No. 169) are repealed.
Definition.
4. In these Regulations, “ the Act ” means the Dried Fruits Export Charges Act 1924-1975.
Rate of charge.
5. For the purposes of sub-section 3 (2) of the Act, the rate of the charge in respect of dried currants, dried sultanas or dried raisins is nine-twentieths of a cent for each kilogram of dried currants, dried sultanas or dried raisins, as the case may be, exported.
Officers to whom moneys are to be paid.
6. For the purposes of sub-section 3 (3) of the Act, each officer holding, or performing the duties of, the office of Collector of Public Moneys in the Department for the time being administered by the Minister administering the Act, in the capital city of a State, is a prescribed officer.
* Notified in the Australian Government Gazette on 23 February 1976.
Overview
The Dried Fruits Export Charges Regulations 1976 were enacted under the authority of the Dried Fruits Export Charges Act 1924-1975, and they aim to regulate the charges imposed on the export of dried fruits such as currants, sultanas, and raisins from Australia. This legislative instrument was made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Executive Council and following a report from the Australian Dried Fruits Control Board. The regulations were introduced to streamline the administrative processes surrounding the export charges for dried fruits, replacing previous regulations that had been in place since 1956. The policy objective behind these regulations is to ensure a consistent and efficient framework for the collection of export charges on dried fruits, thereby supporting the administration of the Dried Fruits Export Charges Act 1924-1975.
Scope and Application
The Dried Fruits Export Charges Regulations 1976, made under the Dried Fruits Export Charges Act 1924-1975, apply to all entities and persons involved in the export of dried currants, dried sultanas, and dried raisins from Australia. The regulations establish the rate of charge for the export of these dried fruits, which is set at nine-twentieths of a cent per kilogram for each of the specified fruits. These regulations also designate the prescribed officers, specifically the Collectors of Public Moneys in the Department for the time being administered by the Minister administering the Act in the capital city of a State, as the recipients of the export charges. The regulations cover the entire Commonwealth of Australia and came into effect on 1 March 1976, replacing previous regulations made under the same act. The regulations provide a clear and specific application of the act's provisions, extending its application through subordinate instruments, but there are no stated exclusions, exemptions, or thresholds in the regulations themselves.
Key Provisions
The Dried Fruits Export Charges Regulations (1976) detail the implementation of the Dried Fruits Export Charges Act 1924-1975, establishing specific requirements for the export of dried fruits such as currants, sultanas, and raisins. The regulations set a charge of nine-twentieths of a cent for each kilogram of these dried fruits exported, as stated in Regulation 5. They also specify that these charges are to be paid to prescribed officers, which are defined as those holding or performing the duties of the Collector of Public Moneys in the capital city of each state (Regulation 6).
Entities and individuals involved in the export of these dried fruits are required to comply with the stipulated charge rate and ensure that payments are made to the designated officers. These obligations are critical for maintaining the regulatory framework intended to manage and monitor the export process effectively. The regulations replace previous sets of rules (Regulation 3), thereby ensuring a streamlined and updated approach to the collection of export charges.
Failure to comply with these regulations can result in civil or criminal consequences. Although the specific penalties are not detailed within the regulations, breaches of export regulations can typically lead to fines, penalties, or other legal actions as outlined in the parent Act or relevant legislation. The severity of these consequences can vary based on the nature and extent of the breach, and it is advisable for exporters to adhere strictly to the prescribed rates and payment methods to avoid any potential legal ramifications.