Exports (Fish) Regulations (Amendment) (Cth)

Statutory Rules

1973 No. 13

REGULATIONS UNDER THE CUSTOMS ACT 1901-1971 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1966.*

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 1901-1971 and the Commerce (Trade Descriptions) Act 1905-1966.

Dated this eighteenth day of January, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

K. S. WRIEDT

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

 

Amendments of the Exports (Fish) Regulations

Interpretation.

1. Regulation 3 of the Exports (Fish) Regulations is amended—

(a) by inserting in sub-regulation (1.), before the definition of “ appointed analyst ”, the following definition:—

“‘aircraft’s stores’ has the same meaning as in Part VII. of the Customs Act 1901-1971;”; and

(b) by inserting in sub-regulation (1.), after the definition of “registered brand”, the following definition:—

“‘ship’s stores’ has the same meaning as in Part VII. of the Customs Act 1901-1971;”.

Application of Regulations.

2. Regulation 4 of the Exports (Fish) Regulations is repealed and the following regulation inserted in its stead:—

“4.—(1.) These Regulations do not apply to or in relation to the exportation of—

(a) ship’s stores or aircraft’s stores, whether shipped in parts beyond the seas or in the Commonwealth; or

(b) fish that was imported if—

(i) the fish was not processed in any way since it was imported;

(ii) the fish is exported in the same containers in which it was imported, no covering having been omitted and no covering having been added; and

 

* Notified in the Commonwealth Gazette on 25 January 1973.

 Statutory Rules 1949, No. 54, as amended by Statutory Rules 1950, No. 38; 1951, Nos. 40 and 127; 1952, No. 105; 1954, No. 43; 1955, No, 51 ; 1956, Nos. 8, 44 and 121; 1959, No. 77; 1960, No. 37; 1963, No. 139; 1964, No. 105; 1965, No. 92; 1966, No. 48; 1967, No. 161; 1969, No. 32; 1970, No. 145; 1971, No. 105; and 1972, No. 9

 

(iii) the name of the country of origin of the fish is shown on the outermost of the containers.

“(2.) Where the Secretary is satisfied—

(a) that fish is being, or is to be, exported as a sample only or for experimental purposes; and

(b) that these Regulations or specified provisions of these Regulations should not apply to or in relation to the exportation of that fish,

he may, by instrument under his hand, certify accordingly and, upon the Secretary so certifying, these Regulations or those provisions, as the case requires, do not apply to or in relation to the exportation of that fish.”.

Export of fish prohibited except subject to conditions.

3. Regulation 6 of the Exports (Fish) Regulations is amended by omitting from sub-regulation (2.) the words “for the purposes of experiment, or”.

First Schedule—Item 3.

4. The First Schedule to the Exports (Fish) Regulations is amended by omitting from paragraph 2 (in the second column) of item 3 the word “clear” and inserting in its stead the word “clean”.

Second Schedule—Forms 1 to 6 inclusive.

5. The Second Schedule to the Exports (Fish) Regulations