Commerce (Exports) Regulations 1921 (Cth)

STATUTORY RULES.

1921. No. 207.

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REGULATIONS UNDER THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Commerce (Trade Descriptions) Act 1905, to come into operation forthwith, except as regards those provisions of the Regulations relating to Fruit (Fresh, Preserved, and Dried), Fruit Pulp, Jam, and Marmalade, which shall come into operation on and from the first day of December, 1921.

Dated this nineteenth day of October, 1921.

FORSTER,

Governor-General.

By His Excellency’s Command,

GEO. H. WISE,

for Minister of State for Trade and Customs.

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COMMERCE (EXPORTS) REGULATIONS, 1921.

Part I.—Introductory.

Short Title.

1.These Regulations may be cited as the Commerce (Exports) Regulations 1921.

Parts.

2. These Regulations are divided into Parts, as follow:—

Part I.—Introductory.

Part II.—Trade Descriptions.

Part III.—Inspection.

Part IV.—Classification, Certification, and Marking.

Part V.—Registration of Brands.

Part VI.—Miscellaneous.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“Appointed place” means a place appointed by the Comptroller-General, by writing under his hand, to be a place where any goods enumerated in these Regulations and intended for export may be inspected and examined, and includes any wharf at which those goods are exported, and any ship used for the conveyance of those goods for export;

“Coverings” means all the principal coverings in which goods are contained, and in which goods are usually sold wholesale or retail;

“Disease,” in relation to fruit, plants, seeds, maize, or vegetables (including potatoes) means any abnormal condition of or in those goods, whether consisting of the presence of, or caused by or due to the operations, development, growth or decay of, any insect or fungus, and also, in relation to fruit, includes the condition known as “Bitter Pit”;

“Food” includes every article used as food by man;

“Leather” means leather intended for or usually employed in the manufacture of boots, shoes, and other apparel;

“Plants” includes every part of any plant (except the seed) intended for planting or purposes of propagation;

“Preservative” means boric acid, nitrous acid, fluoric acid, hydrogen peroxide, salicylic acid, sulphurous acid, formic aldehyde, and any preparation of any of those substances or chemical compounds thereof, used as a preservative agent, and any substance declared by proclamation to be a preservative;

“Registered brand” means a brand registered with the Department of Trade and Customs, in pursuance of these Regulations:

“Season,” in relation to jam, marmalade, fruit (fresh, preserved and dried) and fruit pulp, means the period commencing on the first day of November in any year and ending on the thirty-first day of October of the succeeding year;

“Sole” in relation to boots and shoes means all that part of the boot or shoe which in use is under the foot of the wearer, except only the thin slip of leather, paper, or the like, which is affixed to the upper surface of the inner sole;

“Sound” and “Soundness” have relation to freedom from disease, as defined in these Regulations, and from damage, or decay;

“State” includes any territory under the authority of the Commonwealth to which the Act applies;

“The Act” means the Commerce (Trade Descriptions) Act 1905.

Ships’ Stores.

4. These Regulations shall not apply to ships’ stores brought to or shipped in Australia.

Part II.—Trade Descriptions.

Prohibition of Certain Exports.

5.The exportation of the goods enumerated in the next succeeding regulation is prohibited unless there is applied to those goods a trade description in accordance with these Regulations.

Goods to which a Trade Description must be applied.

6. (1) The goods to which the foregoing regulation applies are as follow:—

Boots and shoes.

Chutneys.

Egg pulp.

Fruit, fresh.

Fruit, preserved (including dried), and fruit pulp.

Honey.

Jam and marmalade.

Leather.

Maize.

Pickles.

Plants.

Rabbits and hares.

Sauces.

Seeds.

Vegetables, fresh (including potatoes).

Vegetables, preserved (including dried).

 

(2) If any goods referred to in the last preceding sub-regulation are imported into Australia and are not held in bond, they shall, before export is permitted, be submitted for examination for export under the same conditions as if they were produced in Australia, unless it can be proved to the satisfaction of the Comptroller-General that the goods are not the produce or manufacture of Australia.

Trade Description—General Requirements.

7.The trade description to be applied in accordance with these Regulations shall comply with the following provisions:—

(a) It shall be in the form of a principal label or brand affixed in a conspicuous and reasonably permanent manner in a prominent position to the goods, or to the coverings containing the goods; and

(b)It shall contain in prominent and legible characters a true description of the goods, and the Word “Australia.”*

(c) It shall include any one, and may include all, of the following particulars, namely:—

(i) The name of the manufacturer or producer or exporter:

(ii) The registered brand of the manufacturer or producer or exporter;

Provided that where the manufacturer or producer is not the exporter, the trade description shall include the manufacturer’s or producer’s name or registered brand, unless the exporter sets forth in the notice of intention to export the name and address of the manufacturer or producer.

(d)The label or brand shall specify the net weight or quantity of the goods, except in the case of boots and shoes, plants, and fresh vegetables.

Trade Description—Additional Requirements in Certain Cases.

8. (1) In the case of the following goods the trade description shall, in addition, comply with the following provisions:—

(a)in the case of boots and shoes manufactured wholly or partly from leather or any imitation thereof, the trade description shall set out the principal material from which they are made, and, unless the soles are solid leather, without admixture or addition other than ordinary fillers of cork or of waterproofed felt, shall state the nature of the admixture or addition, and a statement of the material or materials composing the sole shall, in addition, be conspicuously, legibly, and indelibly stamped upon or impressed into the outer surface of the sole of each boot or shoe;

(b)In the case of egg pulp, the trade description shall indicate whether the pulp is that of whole eggs, white or yolk of eggs;

 

* Note.—The trade description may include the name of the State in which the goods were made or produced.

(c) In the case of fresh fruit, being apples or pears, the trade description shall set out in letters or figures of not less than ¼ inch in length on printed paper labels and not less than ¾ inch if stencilled on cases:—

(i) The size or number of the apples or pears contained in each case provided that there shall not be a variation of more than one-quarter of an inch (that is one-eighth of an inch above or below the marked size): and

(ii) whether the apples or pears are ungraded,* or being graded, whether they are—

“A” Grade,

“B” Grade,

“C” Grade.

and the trade description shall set out the initials of the christian name and full surname and address and State of the grower or exporter (or registered brand), or in the case of a firm or corporation the firm or corporate name and address (or registered brand), on one end of the package in letters of not less than ½ inch in length.

(d)In the case of fruit pulp—

(i) the label shall be clearly and legibly printed and affixed in a prominent position to the container, and there shall be included in the trade description in bold and legible characters of not less than eight points face measurement, the word “Pulp” and the name of the fruit from which the pulp has been prepared; and

(ii) on the immediate container, if made of tin plate, there shall be impressed an indication of the season and month of manufacture in a form approved by the Comptroller-General, e.g., “12.21” to indicate December, 1921.

(e) In the case of preserved fruit—

(i) the name of the fruit shall be set out in the trade description in bold and legible characters of not less than eight points face measurement, and, if any pictorial representation of fruit is included in the trade description, it shall be a representation of the kind of fruit contained in the package to which the pictorial representation is applied;

(ii) being apricots, peaches (in halves or in slices) or pears, the trade description shall state whether the fruits are “Ungraded “* or, if graded, whether they are—

“First Grade—Extra Special.”

“Second Grade—Choice.”

“Third Grade—Good Standard Quality.”

* Note.—The standard prescribed in the First Schedule to these Regulations for Ungraded Fruit is as follows:—

Ungraded Fruit shall be any sound, wholesome fruit, whether fresh or preserved, which is uniform in size, colour, and degree of ripeness, but which is not, describable as being in accordance with any of the grades specified in regulation 154, (I), 154 (L), 154, (M), 154 (N), 154 (o), 154 (P), or 154 (Q), of the Customs Regulations 1913 (being Statutory Rules 1913, No. 346, as amended from time to time).

 

(iii) being plums or cherries, the trade description shall state whether the fruits are “Ungraded”* or, if graded, whether they are—

“First Grade—Extra Special.”

“Second Grade—Choice.”

(iv) being peaches, it shall be stated in the trade description whether the fruit has been sliced, and whether they are of the “Clingstone” or “Freestone” variety;

(v) being cherries, it shall be stated in the trade description whether they are white, red, or dark-red in colour;

(vi) being pineapples, apples, or quinces, it shall be stated in the trade description whether or not the fruits have been sliced and cored; and if the pineapples are below the standard for export prescribed in regulations made under the Customs Act 1901-1920, the trade description shall include the words “below Australian export standard”;

(vii) being of the undermentioned varieties the name of the variety shall, in addition to the name of the fruit, be stated in the trade description, viz.:—

Apricots.—Blenheim, Moorpark, Oulan’s Early, Royal.

Peaches.—Freestone variety: — Elberta, Clingstone varieties: — Goodman's Choice, Improved Tuscan Cling, Lemon Cling, Orange Cling, Pelora, Phillip’s Cling, Pullar’s Cling, Tuscan Cling.

Pears.—Bartlett, Keiffers Hybrid, Packham's Triumph.

(f) in the case of honey, it shall be stated whether the honey is white, light amber, medium amber, or dark, and the name of the State in which the honey was produced shall, and the name of the district within such State where the honey was produced may, be set out in the trade description;

(g) In the case of jam—

(i) the trade description shall include in bold legible characters of not less than eight points face measurement the word “Jam,” “Conserve,” “Marmalade” or “Fruit Jelly” and the name of the fruit or fruits from which the product has been made;

 

* Note.—The standard prescribed in the First Schedule to these Regulations for Ungraded Fruit is as follows:—

Ungraded Fruit shall be any sound, wholesome fruit, whether fresh or preserved, which is uniform in size, colour, and degree of ripeness, but which is not describable as being in accordance with any of the grades specified in regulation 154 (I), 154 (L), 154 (M), 154 (N), 154 (o), 154 (P), or 154 (Q), of the Customs Regulations 1913 (being Statutory Rules 1913, No. 346, as amended from time to time).

(ii) there shall be indelibly impressed upon the container, if made of tin plate, an indication of the season of manufacture in a form approved by the Comptroller-General.

(iii) if a label includes the pictorial representation of any one kind of fruit, the pictorial representation shall be deemed to be part of the trade description of the jam in connexion with which it is used; but the pictorial representation on a label of several kinds of fruit shall not be deemed to be part of the trade description; and

(iv) in the trade description of mixed jam the names of the constituent fruits shall be set forth in the trade description in order corresponding to the proportions in which they are present, the name of the fruit used in greatest proportion in the manufacture of the jam being placed first.

(h)in the case of leather containing any loading of any mineral or other weighting substance, the trade description shall include a statement setting out the name of each loading substance contained in the leather, and the percentage thereof:

Provided that the following shall not be deemed to be loading substances within the meaning of this paragraph:—Glucose and sugar to the extent of not more than 3 per cent., taken together, and fats and oils used in the manufacture and preparation of the leather.

(i)In the case of maize and seeds, the trade description shall specify their condition as to soundness, cleanness, and freshness*: and in the case of lucerne seed, the trade description shall, in addition, specify the names of the State and district of origin, also the year in which the seed was produced.

(j) In the case of dried fruits and dried vegetables, the trade description shall specify their condition as to soundness and freshness.*

(k) In the case of chutneys, pickles, sauces, plants, and fresh vegetables (including potatoes), their condition as to soundness.*

(2) The grade designations specified in sub-paragraph (ii) of paragraph (c) and sub-paragraphs (ii) and (iii) of paragraph (e) of the last preceding sub-regulation shall, unless it is otherwise expressly stated in the trade description, be deemed to indicate that the fruit has been prepared in accordance with the conditions of preparation prescribed by regulations under the Customs Act 1901-1920.

 

* Note.—Trade descriptions as to soundness, cleanness, and freshness, are to be interpreted as follow:—

“Sound”, as indicating freedom from disease (as defined in regulation 3), and from damage or decay.

“Clean” (in relation to seeds), as indicating freedom from seeds other than those named in the trade description, and from other foreign substances, such as chaff, stalks, soil, &c.

“Fresh” (in relation to seeds), as indicating that the germinating power of the seed has not been impaired by age or other cause.

“Fresh” (in relation to dried fruits and dried vegetables), as indicating that the goods are the product of the latest crop, and in prime condition.

Unsorted Fruit.

9. (1) In the case of fruit, where the case is packed with fruits of various sizes in such a way as to deceive the buyer, e.g., good quality on top and inferior below, the trade description shall include the word “unsorted.”

(2) In the case of apples under 2¼ inches in diameter, the trade description shall include, in bold and legible characters, the words “under 2¼ inches,” unless the trade description already includes a statement as to the size of the fruit, e.g., “ 2 inches,” or any specified size under 2¼ inches.

Goods of Inferior, Unsound, or Abnormal Condition, or Below Standard.

10. The exportation of all goods of the classes enumerated in regulation 6 which are in an inferior, unsound or abnormal condition, or which do not comply with the standards prescribed therefor in the First Schedule, is prohibited unless the trade description applied to the goods includes in bold and legible characters the words “Inferior,” “Unsound” or “Below Standard” as the case requires, and in addition, in the case of goods which do not comply with the standards applicable thereto, unless the trade descriptions state fully the matters in which and the extent to which the goods do not comply with those standards.

Goods Containing Deleterious Substances.

11. In the case of articles enumerated in regulation 6, used as food by man or in the preparation of articles of food used by man, and containing any deleterious substance, the trade description shall include a statement setting forth that the articles contain the deleterious substance.

Condition as at Time of Shipment.

12. The trade descriptions applied to goods in pursuance of these Regulations shall have relation to the condition of the goods as at the time of shipment.

Interference with Trade Descriptions.

13. No trade description or official stamp or mark appearing on any goods of the classes enumerated in regulation 6, intended for export, and which have been inspected under these Regulations by an officer, shall be removed, altered, or interfered with, except by the authority of an officer and in accordance with these Regulations.

Preparation under Supervision.

14. (1) Upon the application of an exporter, any goods enumerated in these Regulations may be prepared for export under the special supervision of an officer.

(2) In such cases, the exporter may attach or affix to the goods, or to the coverings containing the goods, a label setting out that the goods have been so prepared, and the supervising officer may then sign or stamp his name upon the label.

(3) In respect of the services of an officer engaged in supervising the preparation of goods for export under this regulation, the exporter shall pay to the Collector a sum calculated at the rate of two shillings and sixpence per hour or part of an hour, and, in addition, in any case where the amount so payable is exceeded by the expenses incurred by the Department of Trade and Customs in supplying the services of the officer, the Minister may require to be paid, and if the Minister so requires, the exporter shall pay, a sum equal to the amount of the excess.

Exports Exempted from Regulations.

15. These Regulations shall not apply to seeds in packets exported by post.

Part III.—Inspection.

Appointment of Places for Inspection.

16. (1) The Comptroller-General may, by writing under his hand, appoint any place to be a place where any goods enumerated in these Regulations, which are intended for export, may be inspected and examined.

(2) In exercising his powers under this regulation the Comptroller-General may limit the appointment of any place to the inspection and examination of any particular goods or class of goods, or may attach to the appointment any specified condition or restriction.

Examination of Goods.

17. (1) All goods specified in these Regulations, and intended for export, shall be sent to an appointed place in sufficient time before shipment to enable an officer to inspect and examine them.

(2) The Comptroller-General may, in exceptional cases, permit the inspection and examination of goods to be made in places other than appointed places.

Exporter to give Notice.

18. Every person who intends to export any goods enumerated in these Regulations shall give written notice to the Customs in accordance with Form 1 in the Second Schedule as follows:—

(a) In the case of chutneys, pickles, sauces, preserved fruit (including dried) and fruit pulp, honey, jam, preserved vegetables (including dried)—at least three clear working days before the proposed date of shipment.

(b)In the case of all other goods—at least one clear working day before the proposed date of shipment.

19. Notwithstanding anything contained in these Regulations, the notice to the Customs of intention to export any goods mentioned in these Regulations may be in accordance with Form 2 in the Second Schedule for any stated period not exceeding twelve calendar months, and shall, in such case, state the estimated quantity of such goods to be exported within that period.

20. Every person who, in pursuance of a notice given under the last preceding regulation, forwards goods to a place appointed under these Regulations for the inspection and examination of goods shall forward to the Customs an advice note, in accordance with Form 3 in the Second Schedule, of the goods having been so forwarded.

Declaration Required from Exporters.

21. A declaration by the exporter shall accompany the notice of intention to export goods enumerated or referred to in this regulation stating:—

(a) In the case of goods enumerated in the First Schedule—the extent to which the goods conform to or differ from the standards set forth therein.

(b)In the case of goods enumerated in these Regulations and in respect of which conditions of preparation or manufacture or as to purity, soundness and freedom from disease have been or may be prescribed in any regulations made under the Customs Act 1901-1920—whether or not such goods have been prepared in conformity with those conditions.

(c) In the case of leather—whether it contains any loading of any mineral or other weighting substance, and if it contains any such substance, the name of the substance and the percentage thereof:

Provided that the following shall not be deemed to be loading substances within the meaning of this regulation: —Glucose and sugar to the extent of not more than 3 per cent., taken together, and fats and oils used in the manufacture and preparation of the leather.

(d)In the case of maize and seeds, their condition as to soundness, cleanness and freshness; and in the case of lucerne seed, the names of the State and district of origin, and the year in which the seed was produced.

(e) In the case of dried fruits and dried vegetables, their condition as to soundness and freshness,

(f) In the case of chutneys, pickles, sauces, plants, fresh vegetables (including potatoes), their condition as to soundness.

(g)In the case of fruit affected by disease, to what extent it is so affected; and, in the case of apples, if under 2¼ inches in diameter, that fact.

Export Permits.

22.(1) An export permit in accordance with Form 4 in the Second Schedule shall be issued by the examining officer to the exporter in all cases in which the provisions of these Regulations have been complied with.

(2) The permit shall be delivered by the exporter to the officer at the export ship at the time the goods are brought to the wharf for shipment.

Cool Stores.

23. When egg pulp has been inspected and examined in accordance with these Regulations, it shall, within twelve hours after inspection and examination, be placed in a cool store at an appointed place, at a temperature not exceeding 33° Fahrenheit, and shall not be removed therefrom without the authority of an officer.

24. If the refrigerating machinery in any appointed place becomes wholly or partly inoperative from any cause, and the temperature of the place thereby rises beyond the prescribed temperature, notice of the fact shall immediately be given by the proprietor or occupier to the examining officer.

Re-examination of Goods.

25. If an officer has reasonable cause to think that the condition, quality, grade, or class of any goods examined under these Regulations has changed since the examination, he may re-examine the goods, and, if necessary, cancel the certificate and permit already given, and the grade mark and approved stamp applied to the goods, and proceed to deal with the certification, grade marking, and stamping of the goods as if they had not been previously examined.

       

C.18019.—2

Withdrawal of Goods from Export for Consumption within Commonwealth.

26. The Comptroller-General may allow any goods mentioned in these Regulations which have been examined by an officer for export to be removed from the appointed place for consumption within the Commonwealth.

Part IV.—Classification, Certification, and Marking.

Approved Stamp.

27. (1) Until altered by the Minister by notice in the Gazette, the approved stamp shall be in accordance with the following design:—

(2) The approved stamp shall only be applied to goods by an officer as authorized by these Regulations, and all goods bearing or having applied to them an unauthorized impression of the approved stamp, or any impression of a stamp so nearly resembling the approved stamp as to be likely to deceive, shall be deemed to have applied to them a false trade description.

Classification and Marking of Rabbits and Hares.

28. An intending exporter of rabbits or hares may, when giving notice of intention to export the goods, request the Customs in writing, in accordance with Form 5 in the Second Schedule, to classify and mark the goods with the approved stamp, and thereupon the goods shall be dealt with accordingly.

29. The officer shall classify hares and rabbits as follows:—

Hares.

First Class.—Hares, each weighing 7 lbs. or over.

Second Class.—Hares, each weighing under 7 lbs. and not less than 6 lbs.

Hares not in prime condition shall not be classified.

Rabbits.

First Class.—Rabbits in prime condition.

Second Class.—Rabbits in good condition, but not in prime condition.

Skinned Rabbits.—Skinned rabbits in prime or good condition.

Certificates.

30. (1) The officer, after inspecting and examining any goods for export enumerated in these Regulations, may issue a certificate in such one of the forms in the Second Schedule as is applicable to the case, and may impress the number of the certificate on the coverings and labels of such goods in conjunction with the approved stamp.

(2) A copy of each certificate issued by an officer may be given to the exporter, one to the manufacturer (if any) of the goods, and one retained by the Customs or dealt with as the Minister directs.

Marking of Goods.

31. (1) An intending exporter of any goods enumerated in these Regulations may, when giving notice of intention to export the goods, request the Customs in writing in accordance with Form 5 in the Second Schedule, to mark the goods with the approved stamp, and thereupon the goods may be marked accordingly.

(2) The officer may decline to issue Certificates or to put the approved stamp on any goods that do not comply with the standards set out in the First Schedule or which are of inferior quality and not suitable for export.

Part V.—Registration of Brands.

Register of Brands.

32. A register of brands used by owners for any goods enumerated in these Regulations, which are intended for export, shall be kept by the Comptroller-General.

33. An application for the registration of a brand shall be in accordance with Form 11 in the Second Schedule, and may be made by the owner of the brand, and shall be accompanied by seven copies of the brand.

34. Nobrand shall be registered unless it is registered as a trade mark under a Commonwealth or State Act.

35. A separate registration number shall be allotted to each registered brand, and the number so allotted may be applied to goods in conjunction with the brand.

36. (1) If  a trade mark which is registered as a brand is transferred, notice of the transfer shall be given by the transferee to the Comptroller-General.

(2) If a trade mark which is registered as a brand ceases to be registered as a trade mark, its registration as a brand under these Regulations shall cease.

Part VI.—Miscellaneous.

Analysts.

37. (1) The Minister may appoint any qualified person to be an analyst for the purpose of the Act and these Regulations.

(2) All Customs Analysts shall without further appointment be analysts for the purposes of the Act and these Regulations.

38.  Every certificate of the result of an analysis shall be primâ facie evidence of the facts therein stated.

39.  A copy of a certificate of analysis relating to any goods for export enumerated in these Regulations may be supplied by the Collector of Customs to the manufacturer or exporter of the goods on either of the following conditions:—

(a) Where the analysis is made at the instance of an officer for departmental purposes, the certificate may be supplied upon payment to the Customs of one shilling; or

(b)Where the analysis is made at the request of the manufacturer or exporter desirous of obtaining the certificate, the certificate may be supplied upon payment to the Customs of ten shillings and sixpence.

Penalties.

40. Any person committing a breach of these Regulations for which no other penalty is provided shall be liable to a penalty of £20 (Twenty pounds).

Fees.

41. (1) There shall be paid to the Collector in respect of goods enumerated in this regulation which are submitted for export, the fees specified hereunder, viz.:—

Fruit—
Preserved, and fruit pulp, per case.......................................................................	1d.
Dried, per cental or portion thereof......................................................................	1d.
Jams and marmalade, per case.................................................................................	1d.
Leather, per package...............................................................................................	6d.
Maize, per cental or portion thereof..........................................................................	½d.
Pickles, sauces, chutneys, per case...........................................................................	1d.
Rabbits and hares, per crate.....................................................................................	1d.
Seeds, per cental or portion thereof..........................................................................	½d.
Vegetables—
Preserved, including dried, per case.....................................................................	1d.

and, in addition, where the amount of fees payable is exceeded by the expenses incurred by the Department of Trade and Customs in supplying the services of the officer at any appointed place for the purpose of inspecting for export goods of the classes enumerated in this regulation, the Minister may require to be paid, and if the Minister so requires, the exporter shall pay, a sum equal to the amount of the excess.

(2) Nogoods mentioned in the last preceding sub-regulation shall be permitted to be removed for home consumption from any appointed place, nor shall an export permit be issued therefor until the fees in respect of those goods have been paid.

Repeal.

42. The Commerce Regulations 1913 (Statutory Rules 1913, No. 347, as amended by Statutory Rules 1915, No. 224, by Statutory Rules 1916, Nos. 103, 195, and 292, by Statutory Rules 1917, Nos. 15, 47, 113, 184, 286, and 295, by Statutory Rules 1918, Nos. 106, 217, 283, and 292, by Statutory Rules 1919, Nos. 11, 83, and 233, and by Statutory Rules 1920, No. 141), in so far as they relate to the goods specified in regulation 6 of these Regulations, are hereby repealed.

note re prohibited exports.

In addition to the above regulations governing the export of goods from the Commonwealth, proclamations have been issued under the Customs Act 1901-1920 prohibiting—

(1) The export of any Leather, or manufactures thereof when for human wear, containing any proportion of barium sulphate, or other compounds of barium, and of all leather containing more than 10 per cent. of glucose and sugar taken together.

(2) The export of any Fruit affected by, or which has been in contact with, San Jose scale, or from any orchard affected with San Jose scale.

(3) The export of all fruit (fresh or preserved), fruit pulp, or jam which is, or, in the opinion of an officer, is unsound, diseased, or otherwise in an abnormal condition, or is improperly packed or prepared for export by reason of the unsuitability in respect of size, nature, durability, or cleanliness of the packages or containers used, or which for any other reason is likely to arrive at its destination in a deteriorated condition.

FIRST SCHEDULE.

STANDARDS.

Egg Pulp.

Egg Pulp shall be prepared from fresh eggs only, and shall not contain any foreign matter, whether water or shell, or any other added substance.

Fruit Pulp.

Fruit Pulp shall be the product obtained by boiling any one variety of sound fruit; it shall contain no added substance.

Honey.

Honey shall be the ripened nectar and saccharine exudations of plants, gathered, modified, and stored by the honey bee; it shall contain not more than 26 parts per cent. of water, not less than 60 parts per cent. of reducing sugars; and it shall not yield more than 0.75 parts per cent. of ash; it shall not contain any added sugar or glucose, artificial sweetening substance, added colouring matter, or other foreign substance; and it shall be uniform in flavour, density, and colour.

Jam.

Jam (other than mixed jam and marmalade) shall be the product obtained by boiling some one kind of sound fruit with cane sugar, and the amount of sugar so used shall be in a proportion of not less than 1 lb. of sugar to each 1 lb. of fruit, or not more than 3 lbs. of sugar to each 2 lbs. of fruit; it shall contain not more than 35 per cent. of water and no added substance other than apple juice not exceeding 5 per cent., and in the case of raspberry, strawberry, or plum jam, no added substance other than harmless colouring matter.

Lucerne Seed.

Lucerne Seed shall contain no foreign seeds or substances, and shall, when tested by an officer, show germination to the extent of at least 80 per cent.

Marmalade.

Marmalade shall be the product obtained by boiling sound citrus fruit or fruits with cane sugar, and the amount of sugar so used shall be in a proportion of not less than 1 lb. of sugar to each 1 lb. of fruit, or not more than 3 lbs. of sugar to each 2 lbs. of fruit; it shall contain not more than 35 per cent. of water and no added substance, except glucose made from maize starch.

Mixed Jam.

Mixed Jam shall be the product obtained by boiling two or more varieties of sound fruit with cane sugar, and the amount of sugar so used shall be in a proportion of not less than 1 lb. of sugar to each 1 lb. of fruit, or not more than 3 lbs. of sugar to each 2 lbs. of fruit; it shall contain not more than 35 per cent. of water, and no added substance other than apple juice not exceeding 5 per cent.

Preserved Fruit.

Preserved Fruit shall be any sound fruit preserved by immersion in fruit juice, or in water, or in syrup; it shall contain no added substance except sugar or starch sugar, or, in the case of preserved raspberries and strawberries, harmless colouring matter.

Ungraded Fruit.

Ungraded Fruit shall be any sound, wholesome fruit, whether fresh or preserved, which is uniform in size, colour, and degree of ripeness, but which is not describable as being in accordance with any of the grades specified in regulation 154 (I), 154 (L), 154 (M), 154 (N), 154 (o), 154 (P) or 154 (Q) of the Customs Regulations 1913 (being Statutory Rules 1913, No. 346, as amended from time to time).

SECOND SCHEDULE.

Form 1.

Commonwealth of Australia.

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The Commerce (Trade Descriptions) Act 1905.

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Notice of Intention to Export.

.......................................19......

To the Examining Officer at.........................................................*

Port of

State of

Notice is hereby given that I (or we) intend to export goods as set out hereunder.

The goods will be sent to the above-mentioned appointed place for the purpose of being examined by an officer and will arrive there about............{a.m./p.m.}............19 .

..........................................Exporter.

Goods.	Brands.	If in Packages.		If not in Packages.	Export Ship and Destination	Date of Sailing.
		No. of Packages.	Size, Weight, or Measure and Number of Contents.	No.

I declare that I am (the agent duly authorized by.....................) the owner of the above-mentioned goods, and that the said goods are....................................

.......................................Exporter.

Declared before me this...............day of.....................19......

Officer of Customs

.............................. or

Justice of the Peace.

Note.—A declaration as prescribed in Reg. 21 is required in regard to all enumerated goods other than Rabbits and Hares.

 

(This part to be filled in by the Officer.)

Goods examined, marked, and forwarded for shipment.

..............................Examining Officer.

/

/19 .

* State here the appointed place where it is desired goods shall be examined.

  Strike out the words which do not apply.

(This form to be printed on light-blue paper.)

Form 2.

Commonwealth of Australia.

_____

The Commerce (Trade Descriptions) Act 1905.

_____

General Notice of Intention to Export Goods during a Stated Period.

.................................19.......

To the Examining Officer at............................................*

Port of

State of

Notice is hereby given that I (or we) intend to export goods between the months of...............and...............inclusive, in the quantities and manner set out hereunder.

The goods will be sent to the above-mentioned appointed place for the purpose of being examined by an officer.

.......................................Exporter.

Goods.	Brands.	If in Packages.		If not in Packages. __ Number (estimated).
		No. of Packages (estimated).	Size, Weight, or Measure and Number of Contents.

I declare that I am (the agent duly authorized by..................)‡the owner of the above-mentioned goods, and that the said goods will be..............................

....................................Exporter.

Declared before me this.........day of..................19......

Officer of Customs

..............................  or

Justice of the Peace.

Note.—A declaration as prescribed in Reg. 21 is required in regard to all enumerated goods other than Rabbits and Hares.

 

* State here the appointed place where it is desired goods shall be examined.

  If goods are shipped under more than one brand, the number of packages under each must be

stated.

‡ Strike out the words which do not apply.

(This form to be printed on green paper.)

______

Form 3.

Commonwealth of Australia.

______

The Commerce (Trade Descriptions) Act 1905.

_____

Advice Note re Exports.

......................../....../19

To the Examining Officer at*..........................................

Port of

State of

Notice is hereby given that I (or we) have forwarded this day to the above-mentioned appointed place for the purpose of being examined by an officer, in accordance with our General Notice of Intention to Export, the goods mentioned hereunder.

.......................................Exporter.

Goods. Brand. Packages. Remarks.

* State here the appointed place where it is desired goods shall be examined.

Form 4.

Commonwealth of Australia.

_____

The Commerce (Trade Descriptions) Act 1905.

_____

Department of Trade and Customs.

Export Permit.

State of

Port of

Date........................19......

To the Officer of Customs,

...................................Wharf.

The provisions of the Commerce (Exports) Regulations 1921 have been duly complied with in regard to the following goods to be shipped per........................

Marks. Exporter. Character of Goods. Quantity.

..............................Examining Officer.

..............................Appointed place.

Shipped the above Goods.

....................................Officer of Customs.

Date 19  .

Note.—This form is to be delivered by the exporter to the Customs Officer at the export ship at the time the goods are brought for shipment, and to be returned by the Customs Officer at the ship after shipment of the goods to the officer at the above-mentioned appointed place.

(This form to be printed on white paper in size 10 inches by 8 inches.)

_____

Form 5.

Commonwealth of Australia.

____

The Commerce (Trade Descriptions) Act 1905.

_____

Request for Classification and Marking of Goods.

.................................19......

To the Examining Officer at*..........................................

Port of..........................................

State of..........................................

I (or We) request that the goods referred to in my (or our) Notice of Intention to

Export, dated....../....../......, may be—

 (a) marked with the approved stamp, or

 (b) classified, and marked with the approved stamp, or

 (c) classified, and marked with the approved stamp and the grade mark or class mark of the goods,

in accordance with the provisions of the Commerce (Exports) Regulations 1921.

.......................................Exporter.

* State here the name of the appointed place to which the goods are to be sent.

  Strike out the words which do not apply.

(This form to be printed on white paper.)

Commonwealth of Australia.  Form 6.

______

Certificate No.............

The Commerce (Trade Descriptions) Act 1905.

_____

Department of Trade and Customs.

Certificate as to Suitability of Fruit (Fresh) for Export.

This is to certify that............cases of...........branded.....................and shipped per s.s.........................to..............................on........................19 , have been examined and found, upon examination of packages selected at random, to be free from disease  at the time of shipment.

* The fruit comprising this shipment was grown in...................................., which State is certified to be free from citrus canker.

Dated at..............................in the State of.................................the...............day of..............................19..... .

....................................Examining Officer.

* This Paragraph to be deleted in the case of fruits other than citrus.

  For definition of “Disease” see back hereof.

(This form to be printed on blue paper.)

 

Commonwealth of Australia.  Form 7.

Certificate No………………

______

The Commerce (Trade Descriptions) Act 1905.

_____

Department of Trade and Customs.

Certificate as to Condition of*..........................................

This is to certify that..................of*.................., branded...........................and shipped per s.s.....................................to........................on........................19...., have been examined and found to be in the condition mentioned hereunder.

 .....................................................................................................................Dated at.............................. in the State of...........................the........................day of..............................19.......

..........................................Examining Officer.

* Insert name of particular goods concerned as enumerated in Regulation 6.

  Here set out condition such as “Free from adulteration,” “Sound and clean” or “Sound, clean and fresh,” as the case requires,

(This form to be printed on green paper.)

Commonwealth of Australia.  Form 8.

Certificate No...................

_____

The Commerce (Trade Descriptions) Act 1905.

____

Department of Trade and Customs.

Rabbits or Hares.

first class certificate.

This is to certify that...........................crates of.............................., branded........................were examined at...........................Freezing Works and classified as FIRST CLASS. These goods were at time of examination thoroughly sound and suitable for human consumption.

Shipped per s.s ......................... to ........................ on ............................... 19 ...... Dated at .................................... in the State of .......................................... this .................................... day of .................................... 19......

...........................Examining Officer.

(This form to be printed on pink paper.)

Form 9.

Commonwealth of Australia.

_____

Certificate No................

The Commerce (Trade Descriptions) Act 1905.

_____

Department of Trade and Customs.

Rabbits or Hares.

second-class certificate.

This is to certify that..............................crates of..............................branded......................were examined at......................................Freezing Works and classified as SECOND CLASS. These goods were at time of examination thoroughly sound and suitable for human consumption.

Shipped per s.s. ........................... to ........................... on ........................... 19 ...... Dated at .................................... in the State of ............................................. this ............................................. day of ........................... 19......

Examining Officer.

(This form to be printed on blue paper.)

______

Form 10.

Commonwealth of Australia.

_____

Certificate No............

The Commerce (Trade Descriptions) Act 1905.

____

Department of Trade and Customs,

Rabbits.

skinned rabbits class certificate.

This is to certify that..................cases of Skinned Rabbits, branded.....................were examined and classified at..........................................Freezing Works. These goods were at time of examination thoroughly sound and suitable for human consumption.

Shipped per s.s.......................................................to....................................on.....................19......

Dated at .................................... in the State of ............................................. this .................................... day of ................................. 19......

Examining Officer.

(This form to be printed on green paper).

Form 11.

Commonwealth of Australia.

______

The Commerce (Trade Descriptions) Act 1905.

_____

Application for the Registration of a Brand.

......................................................

.................................19

To the Collector of Customs,

Port of....................................

State of....................................

Sir,

I hereby make application for the registration, under the Commerce (Exports) Regulations 1921, of the undermentioned brand, of which seven copies are forwarded herewith. The brand has been (or is being) registered as a trade mark in the Trade Marks Office of the Commonwealth (or States of ).

..........................………………

Applicant.

Description of Brand. Name and Address of Owner. Goods to which brand is to be applied, and State from which Goods are to be exported. Quality represented by such brand if brand is registered under a State Act for Goods of a specified quality.

(To be filled in by Officer on production of Certificate.)

Certificate of Registration as Trade Mark, No.......Date............ produced / / Commonwealth Or .............................

 

The essential particulars of the Trade Mark are the following:—

(See Trade Marks Journal, Vol. , No. , page .)

Goods in respect of which Trade Mark is registered,—

 

The Comptroller-General, Brand registered, No..........

Submitted. / / 19  .

.................................... Collector informed accordingly.

Collector of Customs, / /19 .

/

/19 .

 

Registration approved.

Applicant informed.

....................................  / / 19

Comptroller-General.

 

/

/19

 

_________________

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.