Fresh Fruits Export Charges Act 1927

Overview

The Fresh Fruits Export Charges Act 1927 was enacted to address the need for a revenue stream from the export of fresh fruits, specifically apples and pears, from Australia. Passed by the Commonwealth Parliament, the Act aims to impose and collect charges on the export of these fresh fruits. The charges are designed to generate revenue while allowing for the possibility of exemptions or reduced rates under certain conditions. The Act establishes a standard charge per bushel case of fresh fruits, with flexibility to adjust rates for specific types of fruits through regulations. The authority to set these charges and exemptions lies with the Governor-General, informed by the Fresh Fruits Overseas Marketing Board, ensuring that the regulatory framework remains responsive to market conditions and the interests of the fruit industry.

Scope and Application

The Fresh Fruits Export Charges Act 1927 applies to the export of apples and pears from the Commonwealth of Australia. The act imposes a charge on the export of these fresh fruits, with the rate set at one penny per bushel case or a lower rate as prescribed by regulations. The act applies to all entities exporting these fresh fruits, and the moneys payable under the act must be paid to the Collector of Customs before the entry of the fruits for export. The Governor-General has the power to exempt apples or pears from the charges imposed by the act, either unconditionally or subject to conditions, and this exemption may apply for a specified period or until a date fixed by the Governor-General. The act allows for the creation of subordinate regulations to prescribe a lower rate of the charge on apples or pears exported from the Commonwealth. The act’s duration is determined by a future proclamation.

Key Provisions

The Fresh Fruits Export Charges Act 1927 (sections 1 to 6) imposes a charge on the export of fresh fruits, specifically apples and pears, from the Commonwealth. The charge is set at one penny per bushel case of exported fresh fruits, though the regulations may prescribe a lower rate for either of the two kinds of fresh fruits. The moneys payable under this Act must be paid to the Collector of Customs before the entry of the fresh fruits for export. The Act provides a mechanism for exemptions from the charge, which the Governor-General may grant, after a report from the Fresh Fruits Overseas Marketing Board, by order published in the Gazette. These exemptions can be unconditional or subject to conditions the Governor-General sees fit, and can apply for a specified period or until a date fixed by the Governor-General. Additionally, the Governor-General has the authority to make regulations that prescribe a lower rate of the charge on the export of apples or pears, again after a report from the Fresh Fruits Overseas Marketing Board. The Fresh Fruits Export Charges Act 1927 imposes several obligations on parties exporting fresh fruits from the Commonwealth. Exporters must pay the specified charge to the Collector of Customs before the entry of their fresh fruits for export. The Act also mandates that the Governor-General must consider a report from the Fresh Fruits Overseas Marketing Board before granting exemptions from the charge or making regulations that alter the rate of the charge. The Act further requires the publication of any orders or regulations made under its authority in the Gazette, ensuring transparency and compliance among those subject to the Act. The Fresh Fruits Export Charges Act 1927 includes provisions for offences and penalties in the event of non-compliance. Although the Act does not explicitly state the specific offences or penalties, it is reasonable to infer that failure to pay the charge on time or in full, or circumventing the charge through fraudulent means, could lead to civil or criminal consequences. Such consequences could include fines or other penalties as prescribed by relevant laws. Additionally, any misuse of exemptions or regulations, if they were to be introduced, could also result in penalties. However, the exact nature and maximum penalties for these offences are not detailed within the Act itself.