Dried Fruits Export Control (Election of Board) Regulations (Amendment)

Overview

The Dried Fruits Export Control Act 1924 was enacted by the Parliament of Australia to address the need for effective regulation and control over the export of dried fruits, specifically dried currants, dried sultanas, and dried lexias. The Act was designed to establish a regulatory framework that would manage the export process, ensuring quality standards and fair practices among growers and exporters. The primary objective was to maintain the integrity and reputation of Australian dried fruits in international markets, while also providing a structured system for the election of growers' representatives on the Dried Fruits Control Board. This legislation aimed to balance the interests of growers, exporters, and consumers by implementing measures that promote orderly and efficient export practices.

Scope and Application

The Dried Fruits Export Control Act 1924 applies to growers who are involved in the production of dried fruits, specifically dried currants, dried sultanas, and dried lexias, in the states of New South Wales, Victoria, and South Australia, as well as in the state of Western Australia. These regulations govern the process of electing growers’ representatives to the Dried Fruits Control Board, ensuring that eligible growers can participate in the electoral process. The legislation outlines specific requirements for growers to claim enrolment to vote, including the submission of a claim form that details their identity, the location and size of their orchards, and the types and quantities of fruit cultivated. Additionally, the regulations specify the role of the Department of Markets and Migration, now referred to as the Minister for Markets and Migration, in overseeing the electoral process and the replacement of the term “Customs Officer” with “Officer” from the Department of Markets and Migration. The amendments also include modifications to the forms of ballot papers, ensuring that growers are aware of the importance of submitting their voting papers properly to be considered valid.

Key Provisions

The Dried Fruits Export Control (Election of Board) Regulations 1926 (C1926L00149) introduce several amendments to the existing regulations under the Dried Fruits Export Control Act 1924. Regulation 3 is modified to redefine the term "Officer" from "Customs" to "the Department of Markets and Migration" and adds a new definition for "The Minister" as the Minister for Markets and Migration. Furthermore, a new regulation 5a is inserted, stipulating the procedure for growers to be entitled to vote at the election. This involves lodging a claim for enrolment with the Returning Officer on or before the specified day set by the Minister. The claim form requires details such as the grower's name, address, type of fruit cultivated, and the area under cultivation for each kind of fruit. Under these regulations, growers must meet specific criteria to be eligible to vote. They must be actual growers of fruits used to produce dried currants, dried sultanas, or dried lexias and must declare their orchard's location and the cultivated areas for each type of fruit. This enrolment process mandates a declaration signed by the grower, which must be witnessed by an elector or qualified person who attests to the grower's identity and the accuracy of the statements made. The witness also faces a penalty of £50 if they fail to comply fully with these requirements. In addition to these enrolment provisions, Regulations 22 and 23 have been amended to remove the requirement for postage to be prepaid on ballot papers sent by post. This change ensures that the voting process is streamlined and accessible to growers, eliminating the risk of their votes not being accepted due to insufficient postage. Failure to adhere to the provisions of these regulations can lead to civil consequences. For instance, a grower not enrolled on the roll by the specified date will be ineligible to vote. Moreover, any witness who does not fully comply with the attestation requirements will face a penalty of £50. While the regulations do not explicitly mention criminal penalties, the enforcement of these provisions is likely to be overseen by the Department of Markets and Migration, with potential legal action for non-compliance.