Exports (Canned Fruits) Regulations (Amendment)

Overview

Statutory Rules 1948, No. 26, enacted on 25th February 1948, amends the Exports (Canned Fruits) Regulations under the Customs Act 1901-1947 and the Commerce (Trade Descriptions) Act 1905-1933. This legislative instrument was introduced to address the need for updating the inspection fees for canned fruit exports, reflecting the changing economic conditions of the time. The regulation was made by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The policy objective of this amendment is to ensure that the fees charged for inspecting canned fruit exports are reflective of the current economic environment, thereby maintaining fair and efficient trade practices. The regulation specifically increases the inspection fee from four shillings and sixpence to six shillings and sixpence, aiming to align the fees with the current economic conditions and administrative costs. This amendment ensures that the inspection process remains effective and financially sustainable, contributing to the overall integrity and efficiency of the export process for canned fruits.

Scope and Application

The Statutory Rules of 1948, No. 26, made under the Customs Act 1901-1947 and the Commerce (Trade Descriptions) Act 1905-1933, pertain to the amendment of the Exports (Canned Fruits) Regulations, specifically altering the inspection fees associated with canned fruit exports. This legislative instrument applies to individuals or entities involved in the export of canned fruits from Australia, thereby affecting their compliance and financial obligations under the regulations. The amendment raises the inspection fee from four shillings and sixpence to six shillings and sixpence, impacting the cost of exporting these goods and potentially influencing market dynamics. The regulation's reach is national, applying uniformly across the Commonwealth of Australia, and it does not specify exclusions or exemptions. While the primary text of the regulation itself does not extend or restrict application through subordinate instruments, the broader legislative acts under which it falls may include provisions for such extensions or restrictions.

Key Provisions

The principal operative section of this statutory rule pertains to the amendment of Regulation 28 under the Exports (Canned Fruits) Regulations, which is itself a regulation made under the Customs Act 1901-1947 and the Commerce (Trade Descriptions) Act 1905-1933 (section 1). Specifically, it adjusts the inspection fee for exports of canned fruits, replacing the previous fee of four shillings and sixpence with a new fee of six shillings and sixpence (section 2). This change in fee structure is intended to update the financial requirements for the inspection of canned fruit exports, reflecting either changes in operational costs or adjustments to the economic conditions of the time. Entities and individuals involved in the export of canned fruits are subject to this amended fee structure, meaning they must now pay the new inspection fee of six shillings and sixpence as part of the export process (section 2). This obligation ensures that the inspections, which are critical for maintaining quality and compliance with trade descriptions, are adequately funded. The fee adjustment impacts all entities engaged in the export of canned fruits, including manufacturers, exporters, and any other intermediaries involved in the export chain. Failure to comply with the new fee structure, by either not paying the updated inspection fee or not adhering to the revised fee schedule, could potentially lead to legal consequences. Although the statutory rule itself does not explicitly detail specific penalties for non-compliance, breaches of regulations under the Customs Act 1901-1947 and the Commerce (Trade Descriptions) Act 1905-1933 can result in significant civil or criminal penalties. Under the Customs Act, penalties for non-compliance can include fines and imprisonment, with the exact penalties depending on the severity and nature of the breach. For example, under section 182 of the Customs Act, a person found guilty of an offence may be subject to a penalty of up to five thousand pounds or imprisonment for up to five years, or both. Similarly, breaches of the Trade Descriptions Act could also attract penalties, including fines, under the relevant provisions of that Act.