PRIMARY PRODUCE EXPORT CHARGES.
No. 69 of 1935.
An Act to impose Charges upon the Export of certain Primary Produce.
[Assented to 9th December, 1935.]
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. This Act may be cited as the Primary Produce Export Charges Act 1935.
Commencement.
2. This Act shall commence on a date to be fixed by Proclamation.
Charge on export of primary produce.
3.—(1.) Subject to a lower rate being prescribed by the regulations in respect of any of the kinds of primary produce to which this Act applies, a charge, at the rates in this section respectively specified, is imposed and shall be levied and paid on the following primary produce exported from the Commonwealth, namely:—
On eggs (in shell)......... | Per case containing not more than fifteen dozen eggs | One penny. |
| Per case containing more than fifteen dozen eggs | Twopence. |
On fresh apples exported to the United Kingdom or to the continent of Europe | Per case, two half-cases, or three trays | Three-eighths of One penny. |
On fresh pears exported to the United Kingdom or to the continent of Europe | Per case, two half-cases, or three trays | Three-eighths of One penny. |
(2.) All moneys payable under this section in respect of any primary produce shall be paid, on or before the entry of the primary produce for export, to such officers as are prescribed.
Power to terminate charge on particular primary produce.
4. After report to the Minister by any prescribed organization that it is undesirable that the charge imposed by this Act upon the export of any kind of primary produce should continue to be collected, the Governor-General may, if he thinks fit, by Proclamation declare that, from a date to be specified in the Proclamation, the charge imposed by this Act upon the export of that kind of primary produce shall cease to be imposed, levied and paid, and thereupon the charge so imposed shall cease to be imposed, levied and paid, from the date so specified.
Regulations.
5. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and, in particular, after report to the Minister by the prescribed organization, for prescribing lower rates of the charge imposed on any kind of primary produce exported from the Commonwealth.
Overview
The Primary Produce Export Charges Act 1935 was enacted by the Parliament of Australia to address the need for generating revenue through the imposition of charges on the export of certain primary produce. This Act was designed to provide a financial mechanism for the Commonwealth by levying charges on specific types of primary produce, such as eggs and fresh fruit, exported from Australia. The Act allows for the imposition of charges at specified rates, which can be adjusted through regulations. Additionally, it grants the Governor-General the authority to terminate the charges on particular primary produce if deemed undesirable by prescribed organizations. The policy objective of the Act is to regulate the export of primary produce and to collect charges that contribute to the Commonwealth’s revenue, while also providing flexibility to adjust these charges as needed.
Scope and Application
The Primary Produce Export Charges Act 1935 applies to the export of certain primary produce from the Commonwealth of Australia, imposing specific charges on the export of goods such as eggs, fresh apples, and fresh pears. This Act is designed to regulate the export of these specific primary produce items and mandates the payment of a charge before their entry for export. The Act is geographically bound to the Commonwealth and applies to all entities exporting the specified produce. The charges are levied at the rates specified in the Act, though the Governor-General has the authority to set lower rates through regulations. The Act also provides for the cessation of charges on particular primary produce if deemed undesirable by prescribed organizations, subject to the Governor-General's approval. The application of this Act is further extended and detailed through subordinate regulations, which can prescribe additional matters required or permitted by the Act.
Key Provisions
The Primary Produce Export Charges Act 1935 (sections 1-5) outlines the imposition of charges on the export of certain primary produce. Section 3 specifies the charges on exported eggs, fresh apples, and fresh pears, with rates varying based on the quantity and type of produce. Section 4 provides the mechanism for the Governor-General to terminate the charge on any particular primary produce if a prescribed organization deems it undesirable, following a report to the Minister. Section 5 allows the Governor-General to make regulations that are not inconsistent with the Act, particularly concerning the rates of charges and other necessary details for implementing the Act.
The Act imposes obligations on exporters to pay the specified charges on their primary produce exports before the entry of the produce for export, as per Section 3. The payments must be made to officers prescribed by the regulations. The prescribed organizations are also required to report to the Minister on the desirability of continuing the charges on specific kinds of primary produce, as referenced in Section 4.
Breaches of the Act, such as failure to pay the charges or non-compliance with the regulations, may result in civil or criminal consequences. While specific penalties are not detailed in the provided excerpt, it is reasonable to infer that such breaches could lead to fines or other legal actions under the broader legislative framework. The Act, therefore, serves to regulate and control the export of certain primary produce through financial charges, with mechanisms in place to adjust or terminate these charges as needed.