Exports (Fresh Fruit) Regulations (Amendment) (Cth)

STATUTORY RULES.

1939. No. 81.

REGULATIONS UNDER THE CUSTOMS ACT 1901-1936 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933.*

WHEREAS by section 112 of the Customs Act 1901-1936 it is provided that the Governor-General may, by regulation, prohibit the exportation of any goods—

(a) the exportation of which would, in his opinion, be harmful to the Commonwealth; or

(b) which have not been prepared or manufactured for export under the prescribed conditions as to purity, soundness, or freedom from disease, or which do not conform to the prescribed conditions as to purity, soundness, or freedom from disease:

And whereas it is provided by the said section that the said power of prohibition shall extend to authorize the prohibition of the exportation of the goods generally, or to any specified place, and either absolutely or so as to allow of the exportation of the goods subject to any condition or restriction:

And whereas I am of opinion that the exportation of fresh fruit, except subject to the conditions and restrictions prescribed by the Exports (Fresh Fruit) Regulations, as amended by the following Regulations, would be harmful to the Commonwealth:

Now therefore 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 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933.

Dated this thirtieth day of August, 1939.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

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

 

Amendments of the Exports (Fresh Fruit) Regulations. 

Interpretation.

1. In these Regulations, any reference to a regulation or Schedule shall be read as a reference to a regulation or Schedule contained in the Exports (Fresh Fruit) Regulations, as amended to the date of commencement of these Regulations.

* Notified in the Commonwealth Gazette on  , 1939.

  Statutory Rules 1938, No. 29, as amended by Statutory Rules, 1938, Nos. 38 and 60, Statutory Rules, 1939, No. 12.

4136.—8/15.8.1939.—Price 5d.

Definitions.

2. Regulation 4 is amended by omitting from sub-regulation (1.) the definitions of “Eastern port” and “season”.

Export of fresh fruit prohibited except subject to conditions.

3. Regulation 6 is amended by omitting paragraph (aa) of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(aa) in the case of fresh citrus fruit, the fruit has been prepared in an establishment which is registered as an export establishment in accordance with these Regulations;”.

Notice of intention to export and declaration.

4. Regulation 17 is amended by omitting from sub-regulation (3.) the words “notice and”.

First Schedule, item 1.

5. Item 1 in the First Schedule is amended by omitting sub-paragraph (a) of paragraph 6 (in the first column) and inserting in its stead the following sub-paragraph:—

“(a) Each end shall measure 11½ inches by 10½ inches by not less than ⅝ inch nor more than ⅜ inch.”.

First Schedule, item 5.

6. Item 5 in the First Schedule is amended—

(a) by omitting from paragraph 2 (in the second column) the words “In the case of oranges intended for shipment to New Zealand, wrapping shall not be necessary.”;

(b) by omitting paragraph 4b (in the second column) and inserting in its stead the following paragraph:—

“4b. The fruit shall have developed an orange flavour in the juice or be in such condition that the quantity of N/10 soda solution required to neutralize the acidity content of ten cubic centimetres of juice drawn from the mixed juices of not less than five oranges taken at random from any box or boxes bearing a similar mark shall be not more than—

(a) thirty cubic centimetres in the case of oranges intended for shipment to any place in Europe; and

(b) twenty-six cubic centimetres in the case of oranges intended for shipment to any other place.”;

(c) by omitting paragraph 6 (in the second column) and inserting in its stead the following paragraph:—

“6. Oranges described as ‘Special’ shall comply with the requirements of paragraph 4 of this item. They shall be of high juice content. The skin shall be of good texture and the rind of not more than medium thickness. The oranges shall be free from malformations, protruding navels, and more than slight creasing at the stem end. Disfigurements caused by scars, scratches and other blemishes not affecting the soundness of the fruit shall not collectively exceed two and one-half per centum of the total surface of any individual orange.”;

(d) by omitting paragraph 7 (in the second column) and inserting in its stead the following paragraph:—

“7. Oranges described as ‘Standard’ shall comply with the requirements of paragraph 4 of this item. The skin shall be of good texture and the rind of not more than medium thickness. The oranges shall be practically free from malformations, protruding navels, and marked creasing at the stem end. Disfigurements caused by scars,

scratches, and other blemishes not affecting the soundness of the fruit shall not collectively exceed ten per centum of the total surface of any individual orange.”;

(e) by omitting paragraph 7 a (in the second column) and inserting in its stead the following paragraph:—

“7a. Oranges intended for export to New Zealand and described as ‘Good’ shall comply with the requirements of paragraph 4 of this item. The skin shall not be very coarse or very thick. The oranges shall be free from excessive malformation, large protruding navels and severe creasing at the stem end. Disfigurements caused by blemishes not affecting the soundness of the fruit shall not collectively exceed twenty-five per centum of the total surface of any individual orange.”; and

(f) by omitting paragraph 8 (in the second column) and inserting in its stead the following paragraph:—

“8. Oranges shall be packed only in boxes of the type described as ‘Citrus’ in the table contained in paragraph 3 of item 1:

Provided that, in special circumstances, oranges intended for export to any port other than a port in the United Kingdom, the Continent of Europe or Canada may, with the approval of the Secretary, be packed in boxes of the type described as ‘Australian Apple Box’ or ‘Standard Apple Box’ in that table.”.

First Schedule, item 6.

7. Item 6 in the First Schedule is amended by omitting paragraph 1 (in the second column) and inserting in its stead the following paragraph:—

“1. The pears shall be of the varieties specified in the following tables applicable to the place to which the pears are to be exported:

Provided that the Secretary may permit, for trial purposes only, the exportation of pears of varieties other than those specified in those tables:—

TABLE A.

Varieties of Pears which may be Exported to the United Kingdom.

Variety.	Abbreviation of Name of Variety.
Beurre Bosc......................................................................	Bosc
Beurre D’Anjou................................................................	Anjou
Beurre Hardy....................................................................	Hardy
Doyenne du Comice..........................................................	Comice
Easter Beurre....................................................................	B. Easter
Giblin’s Seedling...............................................................	Giblin
Glou Morceau...................................................................	G. Morceau
Josephine..........................................................................	Jos.
Madame Cole....................................................................	M. Cole
Packhams Triumph............................................................	Packham
Winter Cole ......................................................................	W. Cole
Winter Nelis......................................................................	W. Nelis

TABLE B.

Varieties which may be Exported to Places other than the United Kingdom.

Variety.	Abbreviation of Name of Variety.
Beurre Brettoneau.............................................................	Brett
Beurre Bosc......................................................................	Bosc
Beurre D’Anjou................................................................	Anjou

 

Table B.—Varieties which may be Exported to Places other than the United Kingdom—continued.

Variety.	Abbreviation of Name of Variety.
Beurre Hardy....................................................................	Hardy
Black Achan.....................................................................	B. Achan
Broom Park.......................................................................	B. Park
D. Bossuch.......................................................................	Bossuch
Doyenne Du Comice.........................................................	Comice
Duchesse d’ Angouleme....................................................	D.D. Ang.
Easter Beurre....................................................................	B. Easter
Giblins Seedling................................................................	Giblin
Glou Morceau...................................................................	G. Morceau
Howell..............................................................................	Howell
Josephine..........................................................................	Jos.
Keiffer..............................................................................	Keiffer
Lemon Bergamot (or Passans du Portugal) Madame Cole....	M. Cole
Marie Louise.....................................................................	M. Louise
Middleton.........................................................................	Mid.
Packhams Triumph............................................................	Packham
Vicar of Winkfield (or Napoleon).......................................	Vicar
Williams Bon Chretien......................................................	W.B.C.
Winter Bartlett...................................................................	W. Bart.
Winter Cole.......................................................................	W. Cole
Winter Nelis......................................................................	W. Nelis

Second Schedule, Form 3.

8. Form 3 in the Second Schedule is omitted and the following Form inserted in its stead:—

“Form 3.  Reg. 17.

Commonwealth of Australia.

Exports (Fresh Fruits) Regulations.

STATEMENT OF FRESH FRUIT SHIPPED.

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

To the Department of Commerce,

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

I/we hereby declare that fresh fruit as specified hereunder was shipped by me/us per................which sailed from this port on ..../..../...., and that I/We received an export permit in respect thereof in accordance with the provisions of the Exports (Fresh Fruits) Regulations:—

Kind and Variety of Fruit. Grade of Fruit. Brands. No. of Boxes. Size of Boxes. Destination.

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

(Signature of Exporter.)

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

(Witness to Signature of Exporter.)”

Second Schedule, Form 6.

9. Form 6 in the Second Schedule is repealed and the following Form inserted in its stead:—

“ Form 6.  Reg. 19.

Commonwealth of Australia.

Exports (Fresh Fruit) Regulations.

CERTIFICATE AS TO CONDITION OF FRESH FRUIT.

* This paragraph is applicable to citrus fruits only.

This is to certify that the fresh fruit described hereunder has been examined and found, upon examination of packages selected at random, to be free from disease at the time of shipment and to be packed and graded in accordance with the provisions of the Exports (Fresh Fruit) Regulations.

* The fruit comprising this shipment was grown in..................and it is certified that that State is free from citrus canker.

Vessel...................... Date of shipment......................

Kind and. Variety of Fruit. Date of Picking. Grade of Fruit. Brands. Number of Boxes. Size of Boxes. Destination

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

…………………………………………..

Officer of the Department of Commerce.”.

 

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