{"id":"C2004A02437","name":"Dried Fruit (Export Inspection Charge) Act 1981","slug":"dried-fruit-export-inspection-charge-act-1981","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"59 of 1981","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":6803,"registerId":"commonwealth-C2004A02437-current","compilationNumber":null,"startDate":"2026-03-30","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Dried Fruit (Export Inspection Charge) Act 1981","content":"![](image.001.jpeg)\n\nDried Fruit (Export Inspection Charge) Act 1981\n\nNo. 59 of 1981\n\nAn Act to impose a charge upon the export of dried fruit\n\n\\[Assented to 12 June 1981\\]\n\nBE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:\n\nShort title\n\n1. This Act may be cited as the Dried Fruit (Export Inspection Charge) Act 1981.\n\nCommencement\n\n2. This Act shall come into operation on 1 July 1981.\n\nCollection Act\n\n3. The Dried Fruit (Export Inspection Charge) Collection Act 1981 shall be incorporated and read as one with this Act.\n\nInterpretation\n\n4. In this Act, unless the contrary intention appears, “charge” means the charge imposed by this Act.\n\n  \n\nImposition of charge\n\n5. (1) Subject to sub-section (2), a charge is imposed on dried fruit that is exported from Australia.\n\n(2) Sub-section (1) does not apply to dried fruit, or dried fruit included in a class of dried fruit, that is exempt from the charge under the regulations.\n\nRates of charge\n\n6. (1) Subject to this section, the rate of charge in respect of dried fruit is such rate as is applicable under the regulations to the class of dried fruit in which that dried fruit is included.\n\n(2) For the purposes of sub-section (1), different rates of charge may be prescribed in respect of different classes of dried fruit.\n\n(3) The rate of charge in respect of dried fruit shall not exceed $11.00 per tonne.\n\nBy whom charge payable\n\n7. The charge on dried fruit exported from Australia is payable by the person (including a State or an authority of a State) who exports the dried fruit.\n\nRegulations\n\n8. The Governor-General may make regulations for the purposes of sections 5 and 6.","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1465},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is the original enactment of the legislation. The scope remains limited to imposing a charge on dried fruit exports as originally intended, with no significant expansion beyond this specific purpose."},"complexity_factors":["Only 8 sections and approximately 300 words","Single defined term ('charge') in the interpretation section","One external cross-reference to the Collection Act 1981","Simple conditional structure with only one exemption clause (regulatory exemptions)","Maximum monetary cap ($11.00) provides clear statutory limit"],"plain_english_summary":"This law imposes a fee (called a **charge**) on dried fruit being exported from Australia.\n\n**What it does:**\n- Requires exporters to pay a fee when they ship dried fruit overseas\n- Sets a **maximum fee of $11 per tonne**, though the exact rate is determined by government regulations\n- Allows certain types of dried fruit to be exempted from the fee via regulations\n\n**Who it affects:**\n- Anyone exporting dried fruit from Australia, including businesses and government bodies (including states)\n- Different rates can apply to different categories of dried fruit (for example, sultanas versus currants)\n\n**Why it matters:**\n- The charge helps fund inspection services to ensure Australian dried fruit meets export quality standards\n- It ensures exporters contribute to the cost of maintaining Australia's reputation for quality agricultural exports\n\n**Key features:**\n- Works alongside the *Dried Fruit (Export Inspection Charge) Collection Act 1981* (which handles how the money is actually collected)\n- The Governor-General can make regulations to set specific rates and exemptions"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act remains tightly scoped to its original and sole purpose: imposing a per-tonne charge on the export of dried fruit to fund export inspection. There is no evidence of scope creep — no additional commodities, regulatory schemes, or administrative functions have been grafted onto the Act. Its eight sections address exactly what the title and enacting purpose describe."},"complexity_factors":["Very short Act — only 8 sections","Minimal defined terms — only one definition ('charge')","Simple conditional logic: one exemption mechanism via regulation in s.5(2)","Rates delegated entirely to regulations, reducing complexity within the Act itself","Incorporates a companion Collection Act by reference, adding a minor cross-reference layer","No nested exceptions or multi-step conditional provisions"],"plain_english_summary":"## Dried Fruit (Export Inspection Charge) Act 1981\n\nThis is a short, focused piece of legislation that does one thing: it **imposes a fee (called a \"charge\") on dried fruit that is exported from Australia**.\n\n### What does it actually do?\n\n- **Creates a levy on exported dried fruit.** Anyone who exports dried fruit from Australia must pay a charge (a government-imposed fee) on that export.\n- **Sets a cap on the fee.** The charge cannot exceed **$11.00 per tonne** of dried fruit exported.\n- **Allows flexibility in rates.** The exact rate of the charge — and whether different types of dried fruit attract different rates — is set through **regulations** (subordinate rules made by the Governor-General, rather than being locked into the Act itself). This means the rates can be adjusted without needing a full Act of Parliament.\n- **Allows exemptions.** Certain dried fruit, or entire categories of dried fruit, can be **exempted from the charge** through those same regulations.\n\n### Who does it affect?\n\n- **Exporters of dried fruit** — any person or organisation (including State governments or government bodies) who exports dried fruit from Australia is liable to pay the charge.\n\n### Why does it matter?\n\nThis charge was designed to fund the **inspection of dried fruit** destined for export — helping to ensure quality standards are met before Australian dried fruit reaches overseas markets. The money collected under this Act is governed separately by the companion *Dried Fruit (Export Inspection Charge) Collection Act 1981*, which is treated as part of the same law.\n\n### Key points at a glance\n- 📦 Applies to: all exported dried fruit (unless exempt by regulation)\n- 💰 Maximum charge: $11.00 per tonne\n- 👤 Who pays: the exporter (person, company, State, or State body)\n- ⚙️ Rates and exemptions: set by regulation (not fixed in the Act itself)"},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"Section 4","severity":"medium","reasoning":"Section 4 states that 'charge' means 'the charge imposed by this Act'. This is a textbook circular definition: the word being defined appears in its own definition. To know what a 'charge' is, you must already know what a 'charge' is. While the practical effect is tolerably clear from context (it is a financial impost), the definition provides zero additional information and is logically vacuous. A reader encountering the term 'charge' for the first time gains nothing from consulting the definition.","confidence":0.92,"description":"The definition of 'charge' is entirely circular — it defines 'charge' as 'the charge imposed by this Act', which tells the reader nothing about what a charge actually is."},{"type":"impossible_compliance","section":"Section 6(1) and Section 6(2)","severity":"high","reasoning":"Section 5 clearly imposes a charge on the export of dried fruit. However, Section 6(1) sets the rate entirely by reference to applicable regulations. If the Governor-General has not made regulations prescribing a rate (which is permissive under Section 8 — 'may make regulations'), there is no applicable rate. The charge is legally owed under Section 7, but its quantum is indeterminate. An exporter cannot comply with an obligation of unknown amount, and the collection mechanism under the Collection Act would have nothing to operate on. The ceiling in Section 6(3) only caps the rate; it does not supply one.","confidence":0.88,"description":"Section 6(1) sets the rate of charge by reference to the regulations, but Section 6(2) merely confirms that the regulations may prescribe different rates for different classes. Section 6(1) is therefore inoperative if no regulation has been made — there is no fallback rate, leaving the charge legally imposed under Section 5 but at an undefined and therefore unenforceable rate."},{"type":"other","section":"Section 5(2)","severity":"medium","reasoning":"Section 5(2) allows regulations to exempt 'dried fruit, or dried fruit included in a class of dried fruit' from the charge. There are no constraints on the scope of this exemption power. In principle, a regulation could exempt every class of dried fruit, making the charge in Section 5(1) entirely inoperative. Parliament has imposed a charge only to immediately hand the executive an unconstrained power to abolish it by subordinate legislation — a structural absurdity. While such broad delegations were common in this era, the logical consequence is that the Act's core operative provision can be hollowed out without parliamentary oversight.","confidence":0.78,"description":"The exemption power is delegated entirely to the regulations with no criteria, standards, or limits whatsoever — a Henry VIII-style clause that could theoretically exempt all dried fruit, rendering the entire charging Act a nullity."},{"type":"impossible_compliance","section":"Section 8","severity":"high","reasoning":"Section 8 uses 'may', meaning the Governor-General has a discretion whether to make regulations. But Section 6(1) makes the rate of charge entirely contingent on what the regulations prescribe. Without regulations, there is no applicable rate, so the charge imposed by Section 5 and made payable by Section 7 is of indeterminate amount. The Act creates a legally enforceable obligation (Section 7) that is practically unenforceable because the quantum depends on a discretionary precondition (Section 8) that may never be exercised. The Act cannot stand alone.","confidence":0.85,"description":"The regulation-making power is expressed as permissive ('may make regulations'), yet the Act's charging mechanism in Section 6(1) is entirely dependent on those regulations existing. The Act cannot function without regulations, but there is no obligation to make them."}],"contradictions":[{"severity":"medium","section_a":"Section 5(1)","section_b":"Section 5(2)","confidence":0.75,"description":"Section 5(1) imposes a charge on all dried fruit exported from Australia in mandatory terms, while Section 5(2) allows regulations to exempt any dried fruit or any class of dried fruit with no ceiling on the scope of that exemption. The mandatory imposition in subsection (1) is directly undermined by the unlimited exemption power in subsection (2), creating a tension between the legislative command and the executive override."},{"severity":"low","section_a":"Section 6(1)","section_b":"Section 6(3)","confidence":0.7,"description":"Section 6(1) sets the rate of charge solely by reference to whatever the regulations prescribe, while Section 6(3) imposes a legislative ceiling of $11.00 per tonne. However, because Section 6(1) also permits a rate of zero (or no rate at all if no regulation is made), the ceiling in Section 6(3) is in tension with Section 6(1): the ceiling only operates if there is a positive rate to cap, yet Section 6(1) provides no floor. The ceiling therefore serves no effective constraining purpose if the rate can be zero or undefined."},{"severity":"high","section_a":"Section 7","section_b":"Section 6(1)","confidence":0.87,"description":"Section 7 unambiguously declares that 'the charge on dried fruit exported from Australia is payable by the person who exports the dried fruit', stating an unconditional obligation. Section 6(1), however, makes the rate of that charge contingent on regulations that may not exist. A person is declared liable to pay a charge that may have no defined amount — creating a direct conflict between an absolute liability provision and a rate-setting provision that may be inoperative."}]}},"importantCases":[],"_links":{"self":"/api/acts/dried-fruit-export-inspection-charge-act-1981","history":"/api/acts/dried-fruit-export-inspection-charge-act-1981/history","analysis":"/api/acts/dried-fruit-export-inspection-charge-act-1981/analysis","conflicts":"/api/acts/dried-fruit-export-inspection-charge-act-1981/conflicts","importantCases":"/api/acts/dried-fruit-export-inspection-charge-act-1981/important-cases","documents":"/api/acts/dried-fruit-export-inspection-charge-act-1981/documents"}}