Exports (Dried Fruits) Regulations (Amendment) (Cth)

STATUTORY RULES.

1960. No. 84.

 

REGULATIONS UNDER THE CUSTOMS ACT 1901-1960 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1950.*

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 1901-1960 and the Commerce (Trade Descriptions) Act 1905-1950.

Dated this 18th day of October, 1960.

DUNROSSIL

Governor-General.

By His Excellency’s Command,

(Sgd.) C. F. ADERMANN

Minister of State for Primary Industry and for and on behalf of the Minister of State for Customs and Excise.

AMENDMENTS OF THE EXPORTS (DRIED FRUITS) REGULATIONS. 

Definitions.

1. Regulation 5 of the Exports (Dried Fruits) Regulations is amended by omitting the definition of “export establishment” and inserting in its stead the following definition:—

“‘export establishment’ means premises registered as an export establishment under these Regulations and includes the drying greens and drying racks at those premises;”.

2. Regulation 7 of the Exports (Dried Fruits) Regulations is repealed and the following regulations are inserted in its stead:—

Registration of export establishments.

“7.—(1.) The owner or occupier of premises who desires to use the premises for the carrying on, in the period of twelve months commencing on the next succeeding first day of February or in a period ending on the next succeeding thirty-first day of January, of any operations in connexion with the receipt, processing, packing or storage of dried fruits intended for export, may make to the Secretary, an application in accordance with Form 1 for the registration of the premises as an export establishment in that period.

“(2.) Subject to these Regulations, where the Secretary is satisfied—

(a) that the premises are so constructed and equipped that the conditions and restrictions specified in regulation 8 of these Regulations can be complied with; and

 

* Notified in the Commonwealth Gazette on 27th October, 1960.

  Statutory Rules 1938, No. 115, as amended to date. For previous amendments of the Exports (Dried Fruits) Regulations, see footnote   to Statutory Rules 1960, No. 36.

2128/60.—PRICE 3D. 10/22.8.1960.

 

(b) that the operations in connexion with the receipt, processing, packing and storage of dried fruits are carried on in an efficient and hygienic manner,

the Secretary shall register the premises as an export establishment and shall issue to the applicant a certificate of registration in accordance with Form 2 for those premises for the period specified in the certificate.

“(3.) The registration of premises as an export establishment that was in force immediately before the commencement of this regulation shall, subject to the next succeeding regulation, continue in force until the thirty-first day of January, 1961.

Cancellation of registration.

“7A. Where the Secretary is satisfied that—

(a) an export establishment has ceased to comply with the conditions and restrictions specified in regulation 8 of these Regulations;

(b) the equipment available in an export establishment has ceased to be adequate for carrying on the operations in connexion with the receipt, processing, packing and storage of dried fruits in an efficient and hygienic manner;

(c) the operations being carried on in an export establishment are not being carried on in an efficient and hygienic manner;

(d)an export establishment has ceased to be used for the receipt, processing, packing or storage of dried fruits; or

(e) the person in whose name an export establishment is registered—

(i) has ceased to be the owner or occupier, as the case may be, of that establishment; or

(ii) has failed to comply with a provision of these Regulations applicable to him,

the Secretary may, by notice in writing to the person in whose name the export establishment is registered, cancel the registration of the export establishment.

Cancellation of certificate of registration.

“7B. Where the registration of premises as an export establishment is cancelled, the person in whose name the premises were so registered shall, within fourteen days after the date of cancellation, deliver the certificate of registration issued in respect of the premises to the Secretary.

Penalty: Fifty pounds.”.

Construction, equipment and operation of export establishments.

3. Regulation 8 of the Exports (Dried Fruits) Regulations is amended—

(a) by omitting all the words before paragraph (a) and inserting in their stead the following words:—

“The exportation of dried fruits is prohibited unless the dried fruits have been processed, packed and stored only at an export establishment and the following conditions and restrictions have been complied with:—”; and

(b) by inserting after paragraph (e) the following paragraph:—

“(ea) Where the establishment is used for the processing and packing of dried fruits, equipment capable of removing foreign materials from the fruit during processing shall be provided and that equipment shall be maintained and operated to the satisfaction of an officer.”.

 

Trade Description.

4. Regulation 12 of the Exports (Dried Fruits) Regulations is amended—

(a) by inserting in sub-regulation (1.), after paragraph (d), the following paragraph:—

“(da) Where—

(i) currants of a grade specified in Item 11, 12, 13 or 14 of the Second Schedule; or

(ii) sultanas of a grade specified in Item 44, 45, 46, 47, 48, 49, 50, 51, 52 or 53 of the Second Schedule,

have been size graded in accordance with the provisions of whichever of those Items is applicable, it shall include a statement of the size grade of the dried fruits.”; and

(b) by omitting from sub-regulation (2.) the words “the portion of the trade description relating to the grade” and inserting in their stead the words “those portions of the trade description relating to the grade, size grade and colour”.

Analysts.

5. Regulation 29 of the Exports (Dried Fruits) Regulations is amended by omitting from sub-section (1.) the words “Minister of State for Commerce” and inserting in their stead the words “Minister of State for Primary Industry”.

Second Schedule.

6. The Second Schedule to the Exports (Dried Fruits) Regulations is amended—

(a) by adding at the end of paragraph 1 in the third column of Items 43, 44, 45, 46, 47 and 48 the words “and ‘Light Colour’”; and

(b) by adding at the end of paragraph 1 in the third column of Items 49, 50, 51 and 52 the words “and ‘Brown Colour’”.

Third Schedule.

7. The Third Schedule to the Exports (Dried Fruits) Regulations is amended—

(a) by omitting from Forms 1, 2, 3, 4 and 5 the words “Department of Commerce” and inserting in their stead the words “Department of Primary Industry”;

(b) by inserting in Form 1, after the word “registration”, the words “for the period commencing on the first day of February, 19 [or such other date as is appropriate]and ending on the thirty-first day of January, 19 ,”; and

(c) by inserting in Form 2, after the word “registered”, the words “for the period commencing on the first day of February, 19 [or such other date as is appropriate] and ending on the thirty-first day of January, 19 ,”.

 

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.