DRIED FRUITS EXPORT CONTROL.
No. 21 of 1937.
An Act to amend section four of the Dried Fruits Export Control Act 1924–1935.
[Assented to 16th September, 1937.]
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 and citation.
1.—(1.) This Act may be cited as the Dried Fruits Export Control Act 1937.
(2.) The Dried Fruits Export Control Act 1924–1935, as amended by this Act, may be cited as the Dried Fruits Export Control Act 1924–1937.
Dried Fruits Control Board.
2. Section four of the Dried Fruits Export Control Act 1924–1935 is amended by inserting after sub-section (5.) the following sub-section:—
“(5a.) A person shall not be entitled to vote at any election held under the provisions of paragraph (b) of sub-section (2.) of this section unless he is enrolled as an elector in pursuance of Part VII. of the Commonwealth Electoral Act 1918–1934.”.
Overview
The Dried Fruits Export Control Act 1937 was enacted to amend the existing Dried Fruits Export Control Act 1924–1935, specifically targeting the control and regulation of the export of dried fruits from Australia. This legislation was introduced by the Commonwealth Parliament to address issues surrounding the governance and electoral processes within the Dried Fruits Control Board. By inserting a new subsection into the original act, the 1937 amendment aimed to ensure that only individuals enrolled as electors under the Commonwealth Electoral Act 1918–1935 could participate in elections for the Dried Fruits Control Board. This legislative change was designed to enhance the integrity and legitimacy of the board's electoral process, thereby improving the overall governance and management of dried fruits exports.
Scope and Application
The Dried Fruits Export Control Act 1937 applies to the regulation of dried fruits exports within the Commonwealth of Australia. This Act amends the original Dried Fruits Export Control Act 1924–1935 by introducing specific voting eligibility criteria for elections under the Dried Fruits Control Board, stipulating that only individuals enrolled as electors in accordance with Part VII of the Commonwealth Electoral Act 1918–1934 are entitled to vote. This legislative amendment ensures that the electoral process for the board is aligned with broader electoral practices in Australia. The Act’s geographic reach is limited to the Commonwealth, meaning it applies across Australia, and it does not specify exclusions, exemptions, or thresholds beyond the stated voting eligibility criteria. The application of the Act can be extended or restricted through subordinate instruments, though the primary text does not detail these potential extensions or restrictions.
Key Provisions
The Dried Fruits Export Control Act 1937 (the "Act") amends the existing Dried Fruits Export Control Act 1924–1935, specifically by introducing new voting eligibility requirements for elections held under section 4(2)(b) of the original Act (section 2). The amendment stipulates that a person must be enrolled as an elector in accordance with Part VII of the Commonwealth Electoral Act 1918–1934 to be eligible to vote in such elections. This addition ensures that only those legally enrolled as electors can participate in these specific elections related to the Dried Fruits Control Board.
The Act imposes obligations on parties or entities involved in the elections for the Dried Fruits Control Board. Firstly, it mandates that any person seeking to vote in these elections must ensure they are enrolled as an elector under Part VII of the Commonwealth Electoral Act 1918–1934. This requirement aligns the voting process with the broader electoral laws of the Commonwealth, ensuring a standardised and legally recognised method of voter registration and participation. Additionally, the Act likely places administrative responsibilities on the Board or relevant authorities to verify the enrolment status of voters before allowing them to participate in the election process.
For breaches of the provisions outlined in the Act, there are potential civil and criminal consequences, although specific penalties are not detailed within the provided text. Generally, failure to comply with electoral laws can result in civil penalties, such as fines, and may also lead to criminal charges, depending on the severity and intent behind the breach. In Australian legal practice, penalties for electoral offences can vary significantly, often including fines and, in more serious cases, imprisonment. For example, under the Commonwealth Electoral Act, penalties for offences such as false enrolment or impersonation at an election can include fines up to $2,000 and imprisonment for up to one year, or both. These consequences underscore the importance of adhering to the legal requirements set forth by the Act.