Commerce (General Exports) Regulations (Amendment) (Cth)

STATUTORY RULES.

1934. No. 117.

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REGULATIONS UNDER THE CUSTOMS ACT 1901-1934 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1934 and the Commerce (Trade Descriptions) Act 1905-1933.

Dated the fourteenth day of September, 1934.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

FRED H. STEWART

Minister of State for Commerce, and for and on behalf of the Minister of State for Trade and Customs.

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Amendment of Commerce (General Exports) Regulations.

(Statutory Rules 1926, No. 22, as amended to this date.)

Definitions.

1. Regulation 3 of the Commerce (General Exports) Regulations is amended by omitting both definitions of the word “Fresh” and inserting in their stead the following definition:—

“‘Fresh’, in relation to dried fruits, dried vegetables, and nuts, means that the goods are the produce of the latest crop, and, in relation to maize and seeds, means that the germinating power of the maize or seeds has not been impaired by age or other cause, and ‘freshness’ has, in both cases, a corresponding meaning;”.

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* Notified in the Commonwealth Gazette on 20th September, 1934.

1930.—Price 3d.

2. Regulations 47 of the. Commerce (General Exports) Regulations is repealed and the following regulation inserted in its stead:—

Cases for fresh fruit.

“47. Fresh fruit intended for export shall be packed in accordance with the following provisions:—

(a) Subject to the succeeding paragraphs of this regulation, the fruit shall be packed only in cases or trays of the dimensions specified in the following table for the various kinds of fruits:—

Description of case or tray.	Inside measurements in inches (clear of divisions).			Kinds of fruits for which use or tray shall be used.
					Length.	Depth.	Width.
	Orange...............	24	11½		11½	Oranges and grape fruit only Lemons only Lemons and mandarins.
Lemon...............	25	10	13
Half Lemon........	25	5	13
Australian bushel...	18	14¼	8⅔	Apples and citrus fruits
Standard bushel..	18	10½	11½	Apples and citrus fruits
Australian half-bushel	18	7⅛	8⅔	Apples and stone fruits
Pear...................	18	8½	11½	Pears only
Standard half-bushel	18	5¼	11½	Apples and stone fruits
Grape.................	24	6½	12½	Grapes only
Flat half-bushel	26	7⅛	6	Stone fruits only
Tray...................	18	Any depth not exceeding 4 inches	14¼	All fruits
Tray...................	18	Any depth not exceeding 4 inches.	11½	All fruits

Provided that where—

(i) the dimensions of not less than 95 per centum of the cases and trays included in any consignment of fruit are in accordance with the dimensions specified in the foregoing table; and

(ii) the dimensions of the remaining cases and trays included in the consignment are substantially in accordance with the dimensions so specified and the cubic capacity of each of those cases or trays is not more than 5 per centum greater or less than the cubic capacity of a corresponding case or tray having the prescribed dimensions,

the consignor shall be deemed to have complied with the provisions of this regulation in regard to the dimensions of all the cases and trays included in the consignment.

(b) Cases described as ‘Standard bushel’’ and ‘Pear’ in the table contained in paragraph (a) of this regulation which are manufactured from softwood timber and are used

for the packing of apples and pears respectively, shall be constructed in accordance with the following specifications:—

‘Standard bushel’ cases—

Each end shall measure eleven and one-half (11½) inches by ten and one-half (10½) inches by five-eighths (⅝) of an inch. Each side shall measure nineteen and one-quarter (19¼) inches by ten and one-half (10½) inches by five-sixteenths () of an inch. Unless a side is of one piece it shall comprise two pieces only and the width of each of such pieces shall not be less than five and one-quarter (5¼) inches. The top and the bottom shall each be of two pieces which shall measure nineteen and one-quarter (19¼) inches by five and one-half (5½) inches by three-sixteenths () of an inch. Four cleats which shall measure eleven and one-half (11½) inches by three-quarters (¾) of an inch by three-eighths (⅜) of an inch shall be used, one at each end, one at the top, and one at the bottom.

‘Pear’ cases—

Each end shall consist of one piece and shall measure eleven and one-half (11) inches by eight and one-half (8) inches by five-eighths () of an inch. Each side shall be of one piece and shall measure nineteen and one-quarter (19) inches by eight and one-half (8) inches by five-sixteenths () of an inch. The top and bottom shall each be of two pieces which shall measure nineteen and one-quarter (19) inches by five and one-half (5½) inches by three-sixteenths () of an inch. Four cleats, which shall measure eleven and one-half (11) inches by three-quarters () of an inch by three-eighths () of an inch, shall be used, one at each end, one at the top and one at the bottom.

(c) The cases described as ‘Grape’ shall be constructed in accordance with the following specifications:—

The centre and end boards shall be not less than nine-sixteenths () of an inch in thickness. The sides, and the top and bottom boards shall be not less than one-quarter (¼) of an inch in thickness.

(d) Oranges intended for export to any port in Europe or Canada or to any Eastern port shall be packed only in the type of case described as ‘Orange’ in the table contained in paragraph (a) of this regulation:

Provided that in special circumstances oranges intended for export to any Eastern port, may, with the approval of the Secretary, be packed in either the type of case described as ‘Australian bushel’ or that described as ‘Standard bushel’ in that table.

(e) The fruit shall be packed in clean new cases or trays manufactured from well-seasoned softwood or hardwood that has been smoothly sawn or dressed in a manner approved by the Secretary and is, in the opinion of the Secretary, sufficiently strong to withstand such handling as is ordinarily incidental to transport to destinations beyond the Commonwealth. Cases manufactured from Karri and Jarrah timber shall be seasoned so as to contain no more than 20 per centum of moisture. The boards comprising the ends, tops and bottoms shall be dressed on one side at least, and the boards comprising the sides shall be smoothly sawn or dressed.

(f) Each apple and pear shall, before being packed into the cases or trays, be wrapped in paper. The packing material used shall be corrugated strawboard, wood-wool, or other similar material. The paper and packing material shall be of a quality approved by the Secretary. Only one layer of apples shall be packed in each tray.

(g) In the packing of grapes granulated cork or coarse sawdust, of quality approved by the Secretary, shall be used. The grapes shall in the opinion of an officer, be sufficiently mature and fit for export.”

Crushed Pineapples &c., to be regarded as fruit pulp.

3. Regulation 50 of the Commerce (General Exports) Regulations is repealed.

4. The Commerce (General Exports) Regulations are amended by inserting (in Part II.) after regulation 53 the following regulation:—

“Nuts.

Condition of nuts.

53a. Nuts intended for export shall comply with the following conditions:—

(a) Ninety per centum of the nuts in any one consignment shall be fresh, fairly uniform in colour, dry, and free from damage caused: by stains, and from adhering or loose hulls or other foreign material.

(b) The kernels of ninety per centum of the nuts in any one consignment shall be well formed and cured, and free from rancidity and damage caused by lack of development, insects, mould, discoloration, or other means.

(c) The nuts shall be fairly uniform in size.”

Goods to which a trade description must be applied.

5. Regulation 55 of the Commerce (General Exports) Regulations is amended by inserting after the item “Jam and Marmalade” the item “Nuts.”

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.