STATUTORY
RULES.
1957.
No. 37.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1957 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 1901-1957
and the Commerce (Trade
Descriptions) Act 1905-1950.
Dated this tenth
day of
July ,
1957.
W. J. Slim
Governor-General.
By His Excellency’s Command,
(Sgd) William
MxMahon
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.
1. Regulation 4 of the Exports (Dried Fruits)
Regulations is repealed and the following regulation inserted in its stead:—
Parts.
“4. These Regulations are divided into Parts, as
follows:—
“Part I.—Preliminary (Regulations 1-6).
Part II.—General Provisions as to Exportation of
Dried Fruits (Regulations 7-10).
Part III.—Trade Descriptions (Regulations 11-14).
Part IV.—Supervision, Inspection and Examination
(Regulations 15-22).
Part V.—Registration of Brands (Regulations 23-28).
Part VI.—Miscellaneous (Regulations 29-32).”.
Interpretation.
2. Regulation 5 of the Exports (Dried Fruits)
Regulations is amended—
(a) by inserting
in sub-regulation (1.), after the definition of “bold”, the following
definition:—
“‘clean’, in relation
to dried fruits, means free from stalks, dirt, sand, grit, insect refuse or any
other matter foreign to dried fruits;”;
(b) by omitting from that sub-regulation the definition
of “lexias”;
* Notified in the Commonwealth Gazette on ,
1957.
Statutory Rules 1938, No. 115, as amended to date. For previous
amendments of the exports (Dried Fruits) Regulations see footnote to
Statutory Rules 1957, No. 17.
2781/57.—Price 5d. 9/24.5.1957.
(c) by inserting in that
sub-regulation, after the definition of “other blemishes”, the following
definitions:—
“‘ processed prunes’
means prunes that have been washed or oiled or subjected to such other
treatment as is approved by the Secretary;
‘prunes’ means the
dried fruits derived by drying fully ripened D’Agen,
Robe de Sargent, Splendor, Old French, Fellemberg,
Imperial or Sugar plums;”;
(d)by inserting in that sub-regulation, after the
definition of “quarters”, the following definition:—
“‘raisins’ means dried
fruits produced solely from dipped White Muscatel and Waltham Cross (sometimes
called Malaga) grapes;”;
(e)by omitting from that sub-regulation the definitions
of “seedless lexias” and “seedless muscatels”;
(f) by inserting
in that sub-regulation, after the definition of “State”, the following
definition:—
“‘sound’ in relation to
fruit or dried fruits, means free from disease, damage, fermentation, mould,
decay or deterioration arising from any cause;”;
(g)by omitting from that sub-regulation the definitions
of “the Department” and “the Minister” and inserting in their stead the
following definitions:—
“‘the Department’ means
the Department of Primary Industry;
‘the Minister’ means
the Minister of State for Primary Industry;”; and
(h) by inserting in the definition of “walthams” in that sub-regulation, after the word “from”,
the word “undipped”.
Exportation
of dried fruits prohibited except subject to certain conditions.
3. Regulation 10 of the Exports (Dried Fruits)
Regulations is amended—
(a) by omitting
from sub-regulation (2.) the word “lexias” and inserting in its stead the word
“raisins”; and
(b) by
inserting, after sub-regulation (3.), the following sub-regulations:—
“(3a.) The exportation of prunes other
than processed prunes is prohibited.
“(3b.) The exportation of seeded or
stoned raisins is prohibited unless the seeds have been removed by a process
approved by the Secretary.”.
Trade
description.
4. Regulation 12 of the Exports (Dried Fruits)
Regulations is amended by omitting paragraph (b) of sub-regulation (1.)
and inserting in its stead the following paragraph:—
“(b)Where the dried
fruits are packed in immediate containers—
(i)
in the case of processed prunes, the portion of the trade description relating
to the grade of the prunes shall be set out on both the immediate containers
and the outer containers; and
(ii) in the case of any other dried fruits, it
shall be sufficient if the portion of the trade description relating to the
grade of the dried fruits is set out on the outer containers.”.
Fees
for officers’ services.
5. Regulation 32 of the Exports (Dried Fruits)
Regulations is amended—
(a)by omitting sub-regulation (1.) and inserting in its
stead the following sub-regulation:—
“(1.) Whenever, at the
request of a person, the services of an officer are made available to the
person for the purposes of these Regulations before or after the official hours
or on a Sunday or holiday, that person shall, subject to sub-regulation (3.) of
this regulation, be charged for those services a fee of Fifteen shillings per
hour or part of an hour.”; and
(b)by omitting sub-regulation (4.) and inserting in its
stead the following sub-regulation:—
“(4.) In this
regulation—
‘holiday’ means a day
observed as a holiday in the Public Service of the Commonwealth under section
76 of the Public Service Act 1922-1955;
‘officer’ has the same
meaning as in section 4 of the Customs Act 1901-1954.”.
First
Schedule.
6. The First Schedule to the Exports (Dried Fruits)
Regulations is amended—
(a)by adding at the end of paragraph 4 the words “, and
shall be clean”;
(b) by omitting paragraph 6; and
(c) by omitting
from sub-paragraph (a) of paragraph 10 all the words from and including
the words “The cases” to the end of the sub-paragraph and inserting in their
stead the words—
“The cases shall, in
the opinion of an officer—
(i)
be of a suitable size and nature for the packing of dried fruits;
(ii) be sufficiently
strong to withstand such handling as is ordinarily incidental to transport to
destinations beyond the Commonwealth; and
(iii) be free from any
insect, fungus, bacterium, parasite, unsightly staining, gum vein or other
contamination likely to render the cases unfit for the packing of dried
fruits.”.
Second
Schedule—item 14.
7. Item 14 of the Second Schedule to the Exports (Dried
Fruits) Regulations is amended by omitting from the first and third columns the
word “Manufacturer’s” and inserting in its stead the word “Plain”.
Second
Schedule—items 15, 16, 17, 18, 19 and 20.
8. The Second Schedule to the Exports (Dried Fruits)
Regulations is amended by omitting items 15, 16, 17, 18, 19 and 20.
Second
Schedule—items 37, 38, 39, 39a, 39b, 39c,
39d, 39e and 39f.
9. The Second Schedule to the Exports (Dried Fruits)
Regulations is amended by omitting items 37, 38 and 39 and inserting in their
stead the following items:—
|
37. | Prunes — Choice
Quality. | 1. The prunes shall consist of sound, full bodied
fruit of excellent texture and shall be of a uniformly good dark colour.
| 1. The trade
description shall include— |
(a)the
words “Choice Quality”;
|
2. The prunes shall be uniform in size and shall be
classified for size according to one of the following counts per pound
weight:—
| (b)the
words “Dry Pack” or the word or words “Dessert” or “Moist Pack”, as the case
may $$be,on the outer container;
|
20/30, 30/40, 40/50, 50/60, 60/70, 70/80, 80/90,
and 90/100.
| (c) a statement of the variety, and the
count per pound weight of the prunes on the immediate container and the outer
container; and
|
3. Only one variety of prunes shall be packed in
any one container.
|
4. The moisture content of the prunes shall not
exceed 37 per centum in the case of prunes consisting of dried D’Agen plums and 35 per centum in the case of prunes
consisting of dried plums of another variety.
| (d)a
statement of the date of packing on the outer container.
|
5. The prunes
shall be classified as— |
(a)“Dry
Pack”—where the moisture content of the finished product does not exceed 22
per centum; or
|
(b)“Dessert”
or “Moist Pack”—where the moisture content of the finished product exceeds 22
per centum.
|
6. Where the prunes are classified as “Dessert” or
“Moist Pack” they shall be packed in hermetically sealed containers.
|
38. | Prunes—Standard
Quality. | 1. The prunes shall comply with the same conditions
and restrictions as those specified in paragraphs 3 and 6 in the second
column of item 37.
| 1. The trade
description shall include— |
(a)the
words “Standard Quality”;
|
(b)the
words “Dry Pack” or the word or words “Dessert” or “Moist Pack”, as the case
may be, on the outer container;
|
2. The prunes shall consist of sound, good or full
bodied fruit of good texture and shall be of an average dark colour.
|
3. The moisture content of the prunes shall not
exceed 33 per centum.
|
(c) a statement of the variety and the count
per pound weight on the immediate container and the outer container; and
|
4. The prunes
shall be classified as— |
(a)“Dry
Pack”—where the moisture content of the finished product does not exceed 22
per centum; or
|
(d)a
statement of the date of packing on the outer container.
|
(b)“Dessert”
or “Moist Pack”—where the moisture content of the finished product exceeds 22
per centum.
|
5. The prunes shall be reasonably uniform in size
and shall be classified for size according to one of the following counts per
pound weight:—
|
20/30, 30/40, 40/50, 50/60, 60/70, 70/80, 80/90,
90/100 and, in the case of full bodied fruit, 100/120.
|
|
39. | Prunes — Plain
Quality. | 1. The prunes shall consist of sound, good or full
bodied fruit of good texture.
| 1. The trade
description shall include— |
(a) the words “Plain Quality”; |
2. Only one variety of prunes shall be packed in
any one container.
| (b)the
words “Dry Pack” on the outer container;
|
3. The moisture content of the prunes shall not
exceed 22 per centum.
| (c)a
statement of the variety and the count per pound weight on the immediate
container and the outer container; and
|
4. The prunes shall be reasonably uniform in size
and shall be classified for size according to one of the following counts per
pound weight:—
|
(d)a
statement of the date of packing on the outer container.
|
20/30, 30/40, 40/50, 50/60, 60/70, 70/80, 80/90,
90/100 and, in the case of full bodied fruit, 100/120.
|
39a. | Raisins — Six
Crown. | 1. The raisins shall be such as will not pass
through an $$18/32 inch riddle.
| 1. The trade description shall include the words
“Six Crown”.
|
2. The raisins shall be large, bright, amber coloured berries of uniform colour
and of full texture and rich flavour. They shall
not contain any dark berries nor more than 10 per centum by number of clear
brown berries.
|
39b. | Raisins — Five
Crown. | 1. The raisins shall be such as will not pass
through an 18/32 inch riddle.
| 1. The trade description shall include the words
“Five Crown”.
|
2. The raisins shall be large berries of uniformly
brown colour, of firm texture and full sweet flavour. They shall not contain more than 10 per centum
by number of dark berries.
|
39c. | Raisins — Four
Crown. | 1. The raisins shall be such as will pass through
an 18/32 inch riddle but will not pass through an 13/32 inch riddle.
| 1. The trade description shall include the words
“Four Crown”.
|
2. The raisins shall comply with the same
conditions and restrictions as those specified in paragraph 2 in the second
column of item 39a or in
paragraph 2 in the second column of item 39b.
|
39d. | Raisins — Three
Crown. | 1. The raisins shall be such as will not pass
through an 18/32 inch riddle.
| 1. The trade description shall include the words
“Three Crown”.
|
2. The raisins shall be large berries of a
uniformly dark brown colour and of good flavour.
|
39e | Raisins — Two
Crown. | 1. The raisins shall be such as will pass through
an 18/32 inch riddle but will not pass through an 13/32 inch riddle.
| 1. The trade description shall include the words
“Two Crown”.
|
2. The raisins shall be of a uniformly dark brown colour and of good flavour.
|
39f. | Seedless
Raisins. | 1. The raisins shall be such as will pass through
an 13/32 inch riddle but will not pass through an 8/32 inch riddle.
| 1. The trade description shall include the word
“Seedless”.
|
2. The raisins shall be of good flavour
and texture, and a package shall not contain less than 80 per centum by
number of raisins prepared from grapes that were seedless.
|
Second Schedule—item 41.
10. Item 41 of the Second
Schedule to the Exports (Dried Fruits) Regulations is amended by omitting from
paragraph 1 in the second column the words “seedless berries” and inserting in
their stead the words “raisins prepared from grapes that were seedless”.
By Authority:
A. J. Arthur, Commonwealth
Government Printer, Canberra.