Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN HORTICULTURAL CORPORATION (DRIED FRUITS EXPORT CONTROL) REGULATIONS 1991 NO. 199

STATUTORY RULES 1991 No. 199

Issued by the Authority of the Minister of State for Primary Industries and Energy.

AUSTRALIAN HORTICULTURAL CORPORATION ACT 1987

AUSTRALIAN HORTICULTURAL CORPORATION (DRIED FRUITS EXPORT CONTROL) REGULATIONS

The Australian Horticultural Corporation (AHC) carries out marketing and promotion activities for the apple, pear, citrus, nursery products and nashi fruit industries. Dried fruit export marketing and promotion is currently conducted by the Australian Dried Fruits Corporation (ADFC). However, on 1 July 1991 the ADFC is to become a product board operating within the umbrella of the AHC. Under section 25 of the Australian Horticultural Corporation Amendment Act 1991 the ADFC will continue in existence but under the name of the Australian Dried Fruits Board (ADFB). The Act will apply to the ADFB as though it were a Board established under section 100 of the Act.

Under section 117 of the Act, the AHC presently controls the export of horticultural products of certain of its member industries under the Australian Horticultural Corporation (Export Control) Regulations (SR 1990 No 422).

The ADFC controls the export of dried fruits through the Dried Fruits Export Control (Licences) Regulations (SR 1978 No 284 as amended). These Regulations are made under the Australian Dried Fruits Corporation Act 1978 which is to be repealed on 1 July 1991. From that date the ADFB will become responsible for the control of the export of dried fruits,.under section 117A of the Act.

The proposed regulations provide the ADFB with essentially the same export control powers as those provided in the regulations currently administered by the ADFC. These include the ability to recommend on the granting of licences; to set quota allocations for exporters and export markets; to set quality standards and minimum prices; and to approve overseas agents.

The export controls for dried fruit will be subject to independent oversight and review on a regular basis by the parent AHC. This is because while the ADFB will administer the controls, it is the AHC which will grant the licences to export. The AHC, in issuing a licence, must have regard to a number of criteria set out in the proposed Regulations. Licences so granted will be valid for a maximum of three years, after which exporters will need to reapply. Licensees will require a certificate of authority to export from the ADFB and will be required to comply with conditions and restrictions as determined by the ADFB.

Decisions of the AHC in regard to the issue, cancellation or suspension of licences and decisions by the ADFB in regard to the granting and revoking of certificates to export are appellable to the Administrative Appeals Tribunal.

Explanations of individual regulations are given in the Attachment.

ATTACHMENT

DETAILS OF THE AUSTRALIAN HORTICULTURAL CORPORATION (DRIED FRUITS EXPORT CONTROL) REGULATIONS

Regulation 1 is a formal provision.

Regulation 2 provides that the Regulations commence on 1 July 1991.

Regulation 3 gives the interpretation of terms.

Regulation 4 provides for the ADFB to appoint in writing an "authorised person" for the purposes of a provision of these Regulations.

Regulation 5 provides that the export of dried fruit is prohibited unless a person has been granted an export licence by the AHC authorising that person to export dried fruits.

Regulation 6 provides that the AHC (or persons authorised by the AHC) may grant a licence to export dried fruits. A licence may be valid for up to 3 years.

Regulation 7 prescribes criteria for the issue of licences to persons wishing to export dried fruits.

Regulation 8 provides that an export licence be in accordance with Form 1 in the Schedule.

Regulation _9 prescribes the conditions and restrictions under which a licensee may export dried fruit.

Regulation 10 provides that the AHC may suspend or cancel a licence if the licensee contravenes these Regulations.

Regulation 11 provides for the application for, and the issue and revocation of a certificate of authority to export by the ADFB (Forms are set out in the Schedule).

Regulation 12 provides for the determination of minimum prices for varieties and grades of varieties of dried fruits to be exported.

Regulation 13 provides that a licensee, if requested by the ADFB, must permit an authorised person to take samples of dried fruits.

Regulation 14 provides for AHC and ADFB decisions relating to export licences to be reviewed on application to the Administrative Appeals Tribunal.

Regulation 15 provides for notices or other documents relating to these Regulations to be served on a licensee.

Regulation 16 provides for a penalty of $1000 to be imposed on a person who furnishes false or misleading information.

Regulation 17 provides for the continuation under these Regulations of export licences granted under the Dried Fruits Export Control (Licences) Regulations, until the expiry date on such licences.