Federal Register of Legislation - Australian Government

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Canned Fruits Export Marketing Act 1963

Act No. 89 of 1963 as amended, taking into account amendments up to Act No. 216 of 1973
Registered 23 Nov 2009
Start Date 31 Dec 1973
End Date 01 Jan 1980
Date of repeal 01 Jan 1980
Repealed by Canned Fruits Marketing Act 1979

CANNED FRUITS EXPORT MARKETING ACT 1963 [Note: This Act is "repealed" by Act No. 160 of 1979]
(#DATE 19:12:1973)

Compilation Information

- Reprinted as at 19 December 1973

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - TABLE OF PROVISIONS

TABLE



CANNED FRUITS EXPORT MARKETING ACT 1963-1973

TABLE OF PROVISIONS

PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3,4. (Repealed)
5. Definitions

PART II-ESTABLISHMENT OF THE AUSTRALIAN CANNED FRUITS BOARD

6. Establishment of Board
7. Constitution of the Board
8. Chairman of the Board
9. Deputy Chairman of the Board
10. Meetings of the Board
11. Deputies of members
12. Removal and resignation of members
13. Executive Committee
14. Remuneration and allowances
15. Overseas representative

PART III-FUNCTIONS AND POWERS OF THE AUSTRALIAN CANNED
FRUITS BOARD

16. Functions
17. Powers generally
18. Power of Board to purchase canned fruits for export
19. Board may accept control of canned fruits
20. Board not to trade in canned fruits
21. Staff
22. Delegation by Board

PART IV-EXPORT CONTROL

23. Regulations may prohibit export except on conditions
24. Contracts for shipment of canned fruits

PART V-FINANCE

25. Canned Fruit Export Fund
26. Application of moneys in Canned Fruits Export Fund
27. Canned Fruits Excise Fund
28. Application of moneys in the Canned Fruits Excise Fund
28A. Advances to the Board
29. Bank accounts
30. Investments
31. Directions by Minister
32. Accounts and records to be kept
33. Audit
34. Taxation

PART VI-MISCELLANEOUS

35. Returns to the Board
36. Annual report of Board
37. Operation of certain Acts not restricted
38. Regulations

THE SCHEDULE

(Repealed)

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 1.
Short title.

SECT

CANNED FRUITS EXPORT MARKETING ACT 1963-1973
An Act relating to the Export of Canned Fruits, and for purposes connected therewith.

PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Canned Fruits Export Marketing Act 1963-1973.*

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 2.
Commencement.

SECT

2. This Act shall come into operation on a date to be fixed by Proclamation.*
Sections 3 and 4 repealed by No. 216, 1973, s. 3.
* * * * * * * *

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 5.
Definitions.

SECT

5. In this Act, unless the contrary intention appears-

''approved bank '' means the Reserve Bank of Australia or another bank approved by the Treasurer for the purposes of the provision in which the expression occurs;

'' canned deciduous fruits '' means canned fruits being canned apricots, canned peaches, canned pears or canned mixed fruits having a fruit content not less than fifty-five per centum of which consists of one or more of the fruits specified in this definition;

'' canned fruits '' means goods specified in section two A of the Canned Fruits Export Charges Act 1926-1963;

'' cannery '', in relation to an election under this Act, means a factory in which, during the year that ended on the thirtieth day of June immediately preceding the election, not less than-

(a) one hundred and twenty thousand cans of canned fruits each containing twenty-nine ounces; or

(b) the equivalent of that quantity of canned fruits,

were produced;

'' member '' means a member of the Board, and includes the additional member;

'' the additional member '' means the member, if any, appointed under section eight of this Act;

'' the Auditor-General '' means the Auditor-General for the Commonwealth;

'' the Board '' means the Australian Canned Fruits Board constituted under this Act;

'' the Chairman '' means the Chairman of the Board;

'' the Committee '' means the Executive Committee of the Board;

'' the Deputy Chairman '' means the Deputy Chairman of the Board.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 6.
Establishment of Board.

SECT

PART II-ESTABLISHMENT OF THE AUSTRALIAN CANNED FRUITS BOARD
6. (1) For the purposes of this Act, there is hereby established a board by the name of the Australian Canned Fruits Board.

(2) The Board-

(a) is a body corporate, with perpetual succession;

(b) shall have a common seal;

(c) is capable of acquiring, holding and disposing of real and personal property; and

(d) may sue and be sued in its corporate name.

(3) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Board affixed to a document and shall presume that it was duly affixed.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 7.
Constitution of the Board.

SECT

7. (1) The Board shall consist of-

(a) a member to represent the Commonwealth, who shall be appointed by the Minister;

(b) three members elected in the prescribed manner to represent co-operative canneries engaged in the production of canned fruits other than canned pineapples and canned pineapple juice;

(c) three members elected in the prescribed manner to represent canneries, other than co-operative canneries, engaged in the production of canned fruits other than canned pineapples and canned pineapple juice;

(d) one member elected in the prescribed manner to represent canneries engaged in the production of canned pineapples or canned pineapple juice;

(e) three members appointed by the Minister, on the nomination of the Australian Canning Fruitgrowers Association, to represent the growers of apricots, peaches and pears used in the production of canned fruits, being members not all of whom are residents of the same State; and

(f) the additional member, if any, appointed under section eight of this Act.

(2) Regulations made for the purposes of elections under the last preceding sub-section-

(a) shall include provision to ensure-

(i) that the three members referred to in paragraph (b) of that sub-section are not all residents of the same State and that no such member is connected with a cannery with which any such other member is connected;

(ii) that the three members referred to in paragraph (c) of that sub-section are not all residents of the same State and that no such member is connected with a cannery with which any such other member is connected; and

(b) may specify the circumstances under which a person shall, for the purposes of the regulations, be deemed to be connected with a cannery.

(3) Subject to section twelve of this Act, a member (other than the additional member) holds office for three years, but is eligible for re- appointment or re-election, as the case may be.

(4) The appointment or election of a member is not invalidated, and shall not be called in question, by reason of a defect or irregularity in connexion with his appointment or election.

(5) The Minister may, on the death, resignation or removal from office of a member (other than the additional member) appoint a person to hold the vacant office for the remainder of the term of office of the member.

(6) The exercise of a power or the performance of a function by the Board is not invalidated by reason only of there being a vacancy or vacancies in the membership of the Board.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 8.
Chairman of the Board.

SECT

8. (1) Subject to sub-section (4) of this section, the Board shall appoint a member to be Chairman of the Board.

(2) Subject to the next succeeding sub-section, a member appointed as Chairman under the last preceding sub-section holds office as Chairman until the expiration of the period of his appointment or election as a member, until he ceases to be a member or until the Board revokes his appointment as Chairman, whichever first occurs.

(3) A member appointed as Chairman under sub-section (1) of this section may resign his office as Chairman by writing under his hand delivered to the Board.

(4) In lieu of making an appointment under sub-section (1) of this section, the Board may, with the approval of the Minister, appoint a person who is not a member of the Board to be an additional member of the Board and Chairman of the Board.

(5) Subject to section twelve of this Act, a person appointed under the last preceding sub-section holds office as a member of the Board and Chairman of the Board for such period as the Board, with the approval of the Minister, determines, being a period that does not exceed three years.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 9.
Deputy Chairman of the Board.

SECT

9. (1) The Board shall appoint a member, other than the Chairman, to be Deputy Chairman of the Board.

(2) Subject to the next succeeding sub-section, a member appointed as Deputy Chairman under the last preceding sub-section holds office as Deputy Chairman until the expiration of the period of his appointment or election as a member, until he ceases to be a member or until the appointment of another member as Deputy Chairman, whichever first occurs.

(3) A Deputy Chairman may resign his office as Deputy Chairman by writing under his hand delivered to the Board.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 10.
Meetings of the Board.

SECT

10. (1) The Board shall hold meetings at such times and places as the Board determines.

(2) The Chairman or, when the Chairman is outside Australia or the office of Chairman is vacant, the Deputy Chairman, may, at any time, convene a meeting of the Board and shall do so upon the request in writing of not less than seven members.

(3) The Chairman shall preside at all meetings of the Board at which he is present.

(4) In the absence of the Chairman from a meeting of the Board, the Deputy Chairman, if he is present, shall preside.

(5) In the event of the absence of both the Chairman and the Deputy Chairman from a meeting of the Board, the members present shall elect one of their number to preside at that meeting.

(6) At a meeting of the Board, seven members constitute a quorum.

(7) A question arising at a meeting of the Board shall be determined by a majority of votes of the members present and voting.

(8) The member presiding at a meeting of the Board has a deliberate vote and, in the event of an equality of votes, also has a casting vote.

(9) The Board shall keep a record of its proceedings.

(10) The Board may invite a person to attend a meeting of the Board for the purpose of advising or informing the Board on any matter.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 11.
Deputies of members.

SECT

11. (1) A member, other than the additional member, may appoint a person approved by the Minister to be his deputy.

(2) A member may revoke the appointment of a person as his deputy, but the revocation is not effective until the member has given notice in writing of the revocation to the Minister.

(3) The deputy of a member is entitled, in the event of the absence of the member from a meeting of the Board, to attend that meeting and, when so attending, shall be deemed to be a member.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 12.
Removal and resignation of members.

SECT

12. (1) The Minister may, at any time, remove from office the member referred to in paragraph (a) of sub-section (1) of section seven of this Act.

(2) The Minister may, at any time, on the recommendation of the Board, remove from office a member other than a member referred to in paragraph (a) or (e) of sub-section (1) of section seven of this Act.

(3) The Minister may, at any time, on the recommendation of the Australian Canning Fruitgrowers Association, remove from office a member referred to in paragraph (e) of sub-section (1) of section seven of this Act.

(4) A member may resign his office by writing under his hand delivered to the Minister.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 13.
Executive Committee.

SECT

13. (1) There shall be an Executive Committee of the Board consisting of-

(a) the Chairman of the Board;

(b) one of the members referred to in paragraph (b) of sub-section (1) of section seven of this Act;

(c) one of the members referred to in paragraph (c) of that sub-section; and

(d) one of the members referred to in paragraph (e) of that sub-section.

(2) Members of the Committee other than the Chairman of the Board shall be appointed by the Board and, subject to sub-sections (7) and (8) of this section, hold office for a period of one year, but are eligible for re-appointment.

(3) The Committee shall hold meetings at such times and places as the Committee determines.

(4) The Chairman of the Board or, when the Chairman is outside Australia or the office of Chairman is vacant, the Deputy Chairman may, at any time, convene a meeting of the Committee.

(5) In the event of the absence of the Chairman of the Board from a meeting of the Committee, the Deputy Chairman, if not already a member of the Committee, is entitled to attend the meeting and, when so attending, shall be deemed to be a member of the Committee.

(6) At a meeting of the Committee-

(a) three members form a quorum;

(b) the Chairman of the Board or, in his absence, the Deputy Chairman or, in the absence of the Chairman and the Deputy Chairman, a member elected by the members present to act as chairman of the Committee, shall preside;

(c) all questions shall be decided by a majority of votes of the members present and voting and, in the event of an equality of votes of such members, the question shall be deemed to have been decided in the negative; and

(d) the member presiding has a deliberative vote only.

(7) A member of the Committee, other than the Chairman of the Board, may resign his office as a member of the Committee by writing under his hand delivered to the Chairman.

(8) A member of the Committee ceases to hold office as such a member if he ceases to be a member of the Board.

(9) If the place of a member of the Committee, other than the Chairman of the Board, becomes vacant before the expiration of his term of office, the members of the Board shall, subject to sub-section (1) of this section, appoint another member of the Board to hold the vacant place for the remainder of that term.

(10) The deputy of a member of the Board who is a member of the Committee is entitled, in the event of the absence of the member from a meeting of the Committee, to attend that meeting and, when so attending, shall be deemed to be a member of the Committee.

(11) The Committee may invite a person to attend a meeting of the Committee for the purpose of advising or informing the Committee on any matter.

(12) The exercise of a power or the performance of a function by the Committee is not invalidated by reason only of there being a vacancy in the membership of the Committee.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 14.
Remuneration and allowances.

SECT

14. (1) Members and deputies of members shall be paid such remuneration and allowances as the Governor-General determines.*

(2) If a member or the deputy of a member is a member of, or a candidate for election to, the Parliament of the Commonwealth or of a State, he shall not be paid remuneration or allowances under the last preceding sub-section, but shall, subject to the approval of the Minister, be reimbursed such expenses as he reasonably incurs by reason of his attendance at meetings of the Board or the Committee or of his engagement (whether in Australia or overseas), with the approval of the Board, on business of the Board.

(3) A person invited by the Board or by the Committee to attend a meeting of the Board or of the Committee, as the case may be, may be paid in respect of that attendance such fees and allowances as the Minister determines.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 15.
Overseas representative.

SECT

15. (1) The Board may appoint a person or persons approved by the Minister to represent the Board overseas.

(2) A person appointed under this section shall be appointed upon such terms and conditions as the Board, with the approval of the Minister, determines.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 16.
Functions.

SECT

PART III-FUNCTIONS AND POWERS OF THE AUSTRALIAN CANNED FRUITS BOARD
16. The functions of the Board are-

(a) to make reports to the Minister with respect to the exemption of canned fruits from the charge imposed by the Canned Fruits Export Charges Act 1926-1963 and with respect to the rates of that charge;

(b) to make recommendations to the Minister of State for Customs and Excise with respect to the rates of Excise duty imposed by virtue of item 22 in the Schedule to the Excise Tariff 1921-1963;

(c) to make recommendations to the Minister with respect to the making of regulations under this Act or under any other Act in relation to the export of canned fruits from Australia;

(d) to encourage, assist and promote the exportation of canned fruits from Australia and the consumption and sale outside Australia of Australian canned fruits; and

(e) such other functions as are conferred on the Board by or under this Act.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 17.
Powers generally.

SECT

17. (1) The Board has power to do all things that are necessary or convenient to be done for or in connexion with the performance of its functions.

(2) The powers of the Board in relation to the function of the Board referred to in paragraph (d) of the last preceding section extend to the doing of such things as the Board thinks fit to improve the quality of Australian canned fruits and the methods of production, storage and transport of Australian canned fruits.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 18.
Power of Board to purchase canned fruits for export.

SECT

18. (1) Subject to any directions of the Minister and to the next succeeding sub-section, the Board may-

(a) purchase, on such terms and conditions as the Minister approves, any canned fruits from the producer of the canned fruits;

(b) sell or otherwise dispose of, on such terms and conditions as it thinks fit, canned fruits so purchased; and

(c) do such things as it considers necessary in connexion with the exercise of its powers under this section, including the exportation from Australia of canned fruits purchased by it.

(2) The Board shall exercise its powers under the last preceding sub-section with the object of assisting in the exportation of canned fruits from Australia but shall, in the exercise of those powers, ensure that, so far as is practicable, canned fruits purchased by it are not exported to the United Kingdom.
Sub-section (3) omitted by No. 37, 1968, s. 3.
* * * * * * * *

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 19.
Board may accept control of canned fruits.

SECT

19. (1) The Board may accept control of any canned fruits placed under its control for export from Australia.

(2) The Board has, with respect to any canned fruits so placed under its control, full authority to make such arrangements and give such directions as it thinks fit for or in relation to any of the following matters:-

(a) the handling, storage and shipment of the canned fruits;

(b) the insurance against loss of the canned fruits, either in Australia, in transit or overseas; and

(c) the sale or disposal of the canned fruits, before or after export from Australia.

(3) The Board shall, in relation to canned fruits referred to in this section, be deemed to be the agent of the owner of the canned fruits, but without prejudice to the power of the Board to exercise, without the authority of the owner, the powers conferred by the last preceding sub-section.

(4) For the purpose of securing any advances made to the Board, or, at the request of the Board, to the owners of any canned fruits placed under the control of the Board, the Board has, by virtue of this Act and without further authority, full power, on behalf of the owners of the canned fruits, to give security over the canned fruits, and to execute all mortgages and other instruments of assurance in the same manner in all respects as if the Board were the legal owner of the canned fruits.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 20.
Board not to trade in canned fruits.

SECT

20. Except as provided by or under this Act, the Board shall not trade in canned fruits.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 21.
Staff.

SECT

21. (1) Subject to this section, the Board may employ such persons as it thinks necessary for the exercise of its powers.

(2) The terms and conditions of employment of persons employed under this section are such as are, subject to the approval of the Public Service Board, determined by the Board.
Amended by No. 216, 1973, s. 3.

(3) Where a person in the employment of the Board under this section was, immediately before his appointment under this Act or under an Act repealed by this Act, an officer of the Public Service of the Commonwealth-

(a) he retains his existing and accruing rights; and

(b) for the purpose of determining those rights, his service as a person employed by the Board shall be taken into account as if it were service in the Public Service of the Commonwealth.
Sub-section (4) omitted by No. 216, 1973, s. 3.
* * * * * * * *

(5) A person who, immediately before the date of commencement of this Act, was employed under the Canned Fruits Export Control Act 1926-1959 by the Australian Canned Fruits Board constituted under that Act shall, from and including that date, continue in the employment of the Board constituted under this Act upon the same terms and conditions as were applicable to him under the Canned Fruits Export Control Act 1926-1959 immediately before that date.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 22.
Delegation by Board.

SECT

22. (1) The Board may, by instrument in writing, delegate to the Committee, either generally or to the extent provided in the instrument of delegation, all or any of its powers under this Act (except this power of delegation).

(2) Powers so delegated may be exercised and performed by the Committee in accordance with the instrument of delegation.

(3) A delegation under this section is revocable at will and does not prevent the exercise of a power by the Board.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 23.
Regulations may prohibit export except on conditions.

SECT

PART IV-EXPORT CONTROL
23. (1) For the purpose of enabling the Board effectively to control the export, and the sale and distribution after export, of canned fruits, the regulations may prohibit the export from Australia of canned fruits by a person other than the Board unless-

(a) the person holds a licence to export canned fruits issued, on the recommendation of the Board, by the Minister or by a person authorized by the Minister;

(b) the Board has issued a permit to the person to export the canned fruits and any conditions contained in the permit are complied with; and

(c) the export is in accordance with such conditions and restrictions as are prescribed.

(2) Regulations prescribing conditions or restrictions for the purposes of paragraph (c) of the last preceding sub-section shall not be made unless the conditions or restrictions, as the case may be, have been recommended to the Minister by the Board.
Amended by No. 93, 1966, s. 3.

(3) A person shall not export canned fruits from Australia in contravention of the regulations.

Penalty: One thousand dollars.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 24.
Contracts for shipment of canned fruits.

SECT

24. (1) A contract for the carriage of canned fruits by sea to a place beyond Australia shall not be made except-

(a) by the Board or by the Board acting as the agent of the owner of the canned fruits or of another person having authority to export the canned fruits; or

(b) in conformity with conditions approved by the Board.

(2) A contract for the carriage of canned fruits by sea to a place beyond Australia made otherwise than in accordance with this section is void.

(3) A Collector of Customs or other officer of Customs may require a person who seeks to export canned fruits from Australia, on making entry of the canned fruits under the Customs Act 1901-1963 and before the entry has been passed, to satisfy him that the contract for the carriage of the canned fruits is in conformity with conditions approved by the Board, and the Collector or other officer may decline to pass the entry until that person has so satisfied him.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 25.
Canned Fruits Export Fund.

SECT

PART V-FINANCE
25. (1) The Fund established by the Canned Fruits Export Control Act 1926 under the name of the Canned Fruits Export Fund is continued in existence under that name.

(2) The moneys and investments that, immediately before the commencement of this Act, constituted the Canned Fruits Export Fund continue, by force of this sub-section, to form part of the Fund.

(3) There shall be paid to the Board out of the Consolidated Revenue Fund, which is appropriated accordingly, amounts equal to the amounts of charge received by the Commonwealth under the Canned Fruits Export Charges Act 1926-1963.

(4) The Board shall credit to the Fund all amounts received by it pursuant to the last preceding sub-section.

(5) In this section, ''the Fund'' means the Canned Fruits Export Fund continued in existence by this section.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 26.
Application of moneys in Canned Fruits Export Fund.

SECT

26. The moneys standing to the credit of the Canned Fruits Export Fund may be applied by the Board-

(a) subject to section thirty-one of this Act, for the purpose of making payments in or in connexion with the performance of its functions or the exercise of its powers under this Act other than its powers under section eighteen; and

(b) in payment of such part of any remuneration, allowances, fees or expenses payable to any person (including a member of the Board) under this Act as the Board determines,
but not otherwise.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 27.
Canned Fruits Excise Fund.

SECT

27. (1) The Board shall establish a Fund under the name of the Canned Fruits Excise Fund.

(2) There shall be paid to the Board out of the Consolidated Revenue Fund, which is appropriated accordingly, an amount equal to the amount of Excise duty received by the Commonwealth by virtue of item 22 in the Schedule to the Excise Tariff 1921-1963 less amounts paid as drawback of such duty and remissions and refunds of such duty.

(3) The Board shall credit to the Fund all amounts received by it pursuant to the last preceding sub-section and all moneys received by it in exercise of its powers under section eighteen of this Act.

(4) In this section, '' the Fund '' means the Canned Fruits Excise Fund.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 28.
Application of moneys in the Canned Fruits Excise Fund.

SECT

Sub-section (1) amended by No. 29, 1970, s. 3.
28. (1) The moneys standing to the credit of the Canned Fruits Excise Fund may be applied by the Board-

(a) subject to section thirty-one of this Act, for the purpose of making payments in or in connexion with the performance of its functions or the exercise of its powers under this Act; and

(b) in payment of any part of the remuneration, allowances, fees or expenses payable to any person (including a member of the Board) under this Act that is not paid out of the Canned Fruits Export Fund,
but, subject to sub-section (3) of this section not otherwise.

(2) The Board shall from time to time make recommendations to the Minister with respect to the amount that, in the opinion of the Board, should be expended from the Canned Fruits Excise Fund in connexion with the promotion by the Board of the consumption and sale of canned deciduous fruits in places other than the United Kingdom and shall, so far as is practicable, ensure that there are from time to time sufficient moneys in that Fund to meet such expenditure for that purpose as is agreed upon between the Minister and the Board.
Added by No. 29, 1970, s. 3.

(3) Where a person has paid any duty of Excise that became payable in accordance with the Canned Fruit Excise Act 1963-1968 during the period that commenced on the first day of January, One thousand nine hundred and sixty-nine, and ended on the twenty-seventh day of March, One thousand nine hundred and sixty-nine, not being duty that has been refunded or in respect of which an amount has been paid as drawback, the Board shall, as soon as practicable after the commencement of this sub-section, pay to the person, out of moneys standing to the credit of the Canned Fruits Excise Fund, an amount equal to two-thirds of that duty.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 28A.
Advances to the Board.

SECT

Inserted by No. 37, 1968, s. 4.
28A. (1) With the concurrence of the Treasurer, the Minister may arrange with the Reserve Bank of Australia for the making by the Bank of advances to the Board for use by the Board in or in connexion with the performance of its functions or the exercise of its powers under this Act, and may, for and on behalf of the Commonwealth, guarantee the repayment to the Bank of any advance made by the Bank in pursuance of the arrangement and the payment to the Bank of interest on any such advance.

(2) The Board shall credit to the Canned Fruits Excise Fund all advances made to it in pursuance of an arrangement under this section and shall apply moneys standing to the credit of that Fund for the purposes of all repayments of, and payments of interest on, such advances.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 29.
Bank accounts.

SECT

29. (1) The Board shall open and maintain an account or accounts with an approved bank or approved banks and shall maintain at all times at least one such account.

(2) The Board shall pay all moneys received by it into an account referred to in this section.

(3) The regulations may prescribe the manner in which cheques drawn on an account referred to in this section shall be signed.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 30.
Investments.

SECT

30. Moneys of the Board not immediately required for the purposes of the Board may be invested on fixed deposit with an approved bank or in securities of or guaranteed by the Commonwealth or a State.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 31.
Directions by Minister.

SECT

31. (1) The Minister may, by instrument in writing, direct the Board that moneys standing to the credit of a Fund specified in the instrument shall not be applied for a purpose specified in the instrument.

(2) In this section, '' Fund '' means the Canned Fruits Export Fund or the Canned Fruits Excise Fund.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 32.
Accounts and records to be kept.

SECT

32. The Board shall keep proper accounts and records of the transactions and affairs of the Board and shall do all things necessary to ensure that all payments out of the Canned Fruits Export Fund and the Canned Fruits Excise Fund are properly authorized and correctly made and that adequate control is maintained over the assets of, or in the custody of, the Board and over the incurring of liabilities by the Board.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 33.
Audit.

SECT

33. (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Board and shall forthwith draw the Minister's attention to any irregularity revealed by the inspection and audit that, in the opinion of the Auditor-General, is of sufficient importance to justify his so doing.

(2) The Auditor-General or an officer of the Public Service of the Commonwealth authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Board relating directly or indirectly to the Canned Fruits Export Fund or the Canned Fruits Excise Fund or to the receipt or payment of moneys by the Board or to the acquisition, receipt, custody or disposal of assets of the Board.

(3) The Auditor-General or an officer of the Public Service of the Commonwealth may make copies of or take extracts from any such accounts, records, documents or papers.

(4) The Auditor-General or an officer of the Public Service of the Commonwealth authorized by him may require a member of the Board or a member of the staff of the Board to furnish him with such information in the possession of that person or to which that person has access as the Auditor-General or authorized officer considers necessary for the purposes of an inspection or audit under this Act, and that person shall comply with the requirement.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 34.
Taxation.

SECT

Sub-section (1) amended by No. 216, 1973, s. 3.
34. (1) Subject to this section, the Board is subject to taxation (other than taxes on income) under the laws of the Commonwealth, but is not subject to taxation under a law of a State or Territory to which the Commonwealth is not subject.
Amended by No. 216, 1973, s. 3.

(2) Stamp duty under the law of a State or a Territory is payable by the Board and in respect of transactions entered into, and instruments and documents executed, by or on behalf of the Board.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 35.
Returns to the Board.

SECT

PART VI-MISCELLANEOUS
35. (1) The Board may require a person to furnish, within such time as is specified by the Board, any returns or information in relation to the canned fruits industry that is, in the opinion of the Board, required to enable it to perform its functions or exercise its powers under this Act.
Amended by No. 93, 1966, s. 3.

(2) A person shall not, without reasonable excuse, refuse or fail to comply with a requirement under the last preceding sub-section.

Penalty: Two hundred dollars.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 36.
Annual report of Board.

SECT

36. (1) The Board shall, as soon as practicable after each thirty-first day of December, prepare and furnish to the Minister a report on the operation of this Act during the year ended on that date, together with financial statements in respect of that year in such form as the Treasurer approves.

(2) Before furnishing the financial statements to the Minister, the Board shall submit them to the Auditor-General, who shall report to the Minister-

(a) whether the statements are based on proper accounts and records;

(b) whether the statements are in agreement with the accounts and records and show fairly the financial operations and the state of the affairs of the Board;

(c) whether the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Board during the year have been in accordance with this Act; and

(d) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister.

(3) The Minister shall cause the report and financial statements of the Board, together with the report of the Auditor-General, to be laid before each House of the Parliament within fifteen sitting days of that House after their receipt by the Minister.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 37.
Operation of certain Acts not restricted.

SECT

37. Nothing in this Act or the regulations restricts the operation of the Customs Act 1901-1963 or the Commerce (Trade Descriptions) Act 1905-1950 or the regulations made under either or both of those Acts.

CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - SECT. 38.
Regulations.

SECT

Amended by No. 93, 1966, s. 3.
38. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, for prescribing penalties not exceeding Two hundred dollars for offences against the regulations.
Schedule repealed by No. 216, 1973, s. 3.
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CANNED FRUITS EXPORT MARKETING ACT 1963-1973 - NOTES


NOTES
1. The Canned Fruits Export Marketing Act 1963-1973 comprises the Canned Fruits Export Marketing Act 1963 as amended by the other Acts specified in the following table:
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Number Date of
Act and year Date of Assent commencement
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Canned Fruits Export
Marketing Act 1963 No. 89, 1963 31 Oct 1963 30 Jan 1964
(see Gazette
1964, p. 230)
Canned Fruits Export
Marketing Act 1968 No. 37, 1968 18 June 1968 18 June 1968
Statute Law Revision
(Decimal Currency) Act 1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Canned Fruits Export
Marketing Act 1970 No. 29, 1970 17 June 1970 17 June 1970
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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2.-S. 14 (1)-By section 15 of, and Schedule 4 to, the Remuneration and Allowances Acts 1973, the rate per annum of the salary applicable to the office of Chairman of the Australian Canned Fruits Board is $11,055 with an annual allowance of $500.