PRIMARY PRODUCE EXPORT CHARGES.
No. 9 of 1937.
An Act to amend the Primary Produce Export Charges Act 1935.
[Assented to 3rd July, 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 Primary Produce Export Charges Act 1937.
(2.) The Primary Produce Export Charges Act 1935 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Primary Produce Export Charges Act 1935–1937.
Commencement.
2. This Act shall commence on a date to be fixed by Proclamation.
Charge on export of primary produce.
3. Section three of the Principal Act is amended by omitting the words “exported to the United Kingdom or to the continent of Europe” (wherever occurring).
4. Section four of the Principal Act is repealed and the following section inserted in its stead:—
Exemption from charges.
“4.—(1.) The Governor-General may, from time to time, by order published in the Gazette, after report to the Minister by any prescribed organization, exempt any kind of primary produce to which this Act applies from the charges imposed by or under this Act.
(2.) Any exemption under this section may be unconditional, or subject to such conditions, and shall apply in respect of such period (if any), as are specified in the order of exemption.
(3.) The Governor-General may, by order published in the Gazette, cancel any exemption made under this section of any kind of primary produce from the charges imposed by or under this Act and thereupon those charges shall, from the date fixed by the order, become payable in respect of that kind of primary produce.”.
Overview
The Primary Produce Export Charges Act 1937 was enacted to amend the Primary Produce Export Charges Act 1935, addressing the need to adjust the charges imposed on the export of primary produce. The Act was passed by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of this legislation is to provide flexibility in imposing export charges by allowing the Governor-General to exempt specific types of primary produce from these charges, subject to conditions or periods specified in the exemption order. This amendment ensures that the export charge system remains responsive to market conditions and economic considerations, allowing for exemptions when necessary.
Scope and Application
The Primary Produce Export Charges Act 1937 amends the Primary Produce Export Charges Act 1935, which is referred to as the Principal Act within the new legislation. The Act applies to charges imposed on the export of primary produce, and it modifies the scope of the original act by removing the geographical limitation that restricted charges to exports destined for the United Kingdom or the continent of Europe. The Act extends its application to all exports of primary produce, regardless of destination, thereby broadening its jurisdictional reach across the Commonwealth of Australia. Exemptions from these charges can be granted by the Governor-General, following a report from any prescribed organization, and these exemptions can be either unconditional or subject to specified conditions and durations. The Act also provides for the cancellation of any such exemptions, reinstating the export charges upon such cancellation. The Act’s provisions are subject to the issuance of a commencement date by proclamation, ensuring its enforcement aligns with administrative timelines.
Key Provisions
The Primary Produce Export Charges Act 1937 amends the Primary Produce Export Charges Act 1935. The operative sections of the Act include the amendment of section three of the Principal Act (section 3) and the repeal and replacement of section four (section 4). Section 3 removes the geographic limitation of charges to exports to the United Kingdom or the continent of Europe, while section 4 introduces provisions for the exemption and cancellation of charges on primary produce. Specifically, section 4(1) allows the Governor-General to exempt certain kinds of primary produce from charges, subject to a report from a prescribed organisation, and section 4(2) and 4(3) provide for the conditions under which such exemptions may be made and the process for cancelling existing exemptions.
The Act imposes specific obligations on the parties it governs. The Governor-General is empowered to make orders that either exempt certain kinds of primary produce from charges or cancel existing exemptions, both of which must be published in the Gazette. Additionally, prescribed organisations are required to report to the Minister when recommending an exemption. The Act also requires the Minister to ensure that any exemptions granted are in accordance with the provisions outlined in section 4.
Breaches of the Act may result in civil or criminal consequences. While the Act does not explicitly state offences or penalties, it is implied that failure to comply with the provisions for exemption and cancellation of charges could lead to legal action. The consequences could include fines or other penalties as determined by the relevant authorities. The maximum penalties, however, are not specified within the text of the Act itself and would likely be found in related legislation or court decisions.