DRIED FRUITS EXPORT CONTROL.
No. 46 of 1930.
An Act to amend the Dried Fruits Export Control Act 1924.
[Assented to 18th August, 1930.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1.—(1.) This Act may be cited as the Dried Fruits Export Control Act 1930.
(2.) The Dried Fruits Export Control Act 1924 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Dried Fruits Export Control Act 1924-1930.
Dried Fruits Control Board.
2.—(1.) Section four of the Principal Act is amended—
(a) by omitting paragraph (b) of sub-section (2.) and inserting in its stead the following paragraph:—
“(b) two representatives elected by growers in the State of Victoria and one representative elected by growers in each of the States of New South Wales, South Australia and Western Australia; and”; and
(b) by omitting from sub-section (6.) the word “member” and inserting in its stead the word “members”.
(2.) The amendment effected by paragraph (b) of the preceding sub-section shall be deemed to have commenced on the date of the commencement of section four of the Principal Act.
Application of moneys paid into fund.
3 Section twenty-one of the Principal Act is amended—
(a) by omitting from paragraph (c) the word “and”; and
(b) by inserting, after paragraph (d), the following paragraph:—
“;and (e) In doing or undertaking any experiment, act, matter or thing which, in the opinion of the Board, is likely to improve the quality or to promote the sale of Australian dried fruits, and in particular in carrying out any arrangement which the Board may enter into with any other Board or Authority constituted to control the sale of products of Australia”.
Overview
The Dried Fruits Export Control Act 1930 was enacted by the Commonwealth Parliament to amend the Dried Fruits Export Control Act 1924, responding to issues in the regulation and quality of dried fruits exported from Australia. This legislation was designed to address gaps in the representation and operational efficiency of the Dried Fruits Control Board, which was responsible for overseeing the export of dried fruits. By introducing amendments to the original Act, the 1930 Act aimed to improve the quality and marketability of Australian dried fruits through targeted initiatives and experiments. The policy objective was to ensure that the Board could effectively promote the interests of growers and enhance the reputation of Australian dried fruits on the international market.
Scope and Application
The Dried Fruits Export Control Act 1924-1930, as amended by the Dried Fruits Export Control Act 1930, applies to the regulation of the export of dried fruits from Australia, specifically targeting the quality and sale promotion of these products. This Act is pertinent to growers in the states of New South Wales, South Australia, Victoria, and Western Australia, who are represented on the Dried Fruits Control Board. The Act mandates that the Board consists of two representatives from Victorian growers and one from each of the other three states, reflecting the geographical scope of its application across these states. The amendments introduced by the 1930 Act allow the Board to use funds for experiments and activities aimed at improving the quality or promoting the sale of Australian dried fruits, including arrangements with other boards or authorities.
The Act's jurisdiction is confined to the Commonwealth of Australia, with a specific focus on the states mentioned. It does not extend beyond these boundaries or to territories outside the specified states. The Act does not explicitly state any exclusions, exemptions, or thresholds within the provided text, though it is implied that its application is targeted at the entities involved in the dried fruit industry within the specified states. The Act's provisions may be further detailed or clarified through subordinate instruments, although the text does not provide explicit information on this matter.
Key Provisions
The Dried Fruits Export Control Act 1930 primarily amends the existing Dried Fruits Export Control Act 1924. This Act modifies the composition of the Dried Fruits Control Board, as detailed in section 2, and expands the use of funds in section 3. Section 2(1) replaces the previous Board composition, now specifying that it will include two representatives elected by growers in Victoria, and one representative each from New South Wales, South Australia, and Western Australia. Section 2(2) corrects a grammatical error in subsection (6) by replacing "member" with "members".
The obligations imposed by the Act include the specific roles and responsibilities of the newly constituted Dried Fruits Control Board. The Board is tasked with overseeing the export of dried fruits and ensuring that the quality and sale of these products are promoted. This involves making decisions on the allocation of funds for activities deemed beneficial to the dried fruits industry, as outlined in section 3. The Board must use the funds for experiments, acts, or undertakings that improve the quality or promote the sale of Australian dried fruits, including any arrangements with other Boards or authorities.
Section 3 of the Act amends section twenty-one of the Principal Act by expanding the permissible uses of funds to include activities that improve the quality or promote the sale of Australian dried fruits, specifically those identified by the Board. The Board's authority to enter into arrangements with other bodies to achieve these objectives is also highlighted.
Regarding potential consequences for breach, the Act does not explicitly detail offences, penalties, or consequences within the provided text. However, given the nature of the amendments, any failure by the Board to adhere to the stipulated objectives or misuse of funds could potentially lead to scrutiny or legal challenges. It is advisable to refer to other relevant legislation or regulations for specifics on penalties and enforcement mechanisms.