Exports (Fresh Vegetables) Regulations (Cth)
REGULATIONS UNDER THE CUSTOMS ACT 1901-1949 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933.*
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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 vegetables, except subject to the conditions and restrictions prescribed 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
Dated this thirty-first day of August, 1950.
W. J. McKELL
Governor-General.
By His Excellency's Command,
J. McEWEN
Minister of State for Commerce and Agriculture and for and on behalf of the Minister of
State for Trade and Customs.
EXPORTS (FRESH VEGETABLES) REGULATIONS.
Part I.—Preliminary.
Part I.—Preliminary.
Part II.—General Provisions as to Exportation of Fresh Vegetables.
Part III.—Trade Descriptions.
Part IV.—Supervision and Examination.
Part V.—Registration of Brands.
Part VI.—Miscellaneous.
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Notified in the
5755.—Price 8d.
" appointed analyst " means a person appointed to be an analyst under sub-regulation (1.) of regulation 25 of these Regulations and includes an analyst appointed for the purposes of the
Customs Act 1901-1949 ;" appointed place " means a place appointed under regulation 12 of these Regulations to be a place where vegetables may be examined, and includes any wharf at which vegetables are to be shipped and any ship used, or intended to be used, for the conveyance for export of vegetables ;
" bright " means that the outer skin of the vegetables shows the colour normal to the variety and that this colour is not obscured by soil or other foreign matter ;
" containers " means all the principal coverings in which vegetables are contained ;
" diameter ", in relation to vegetables, means the greatest transverse measurement of the vegetables taken at right angles to the axis of the vegetables ;
" disease " means any abnormal condition of or in vegetables, and includes any condition arising from functional disorders, or caused by, or due to the presence, operation, development or growth of any insect, fungus, bacterium, virus or parasite ;
" injury " means any broken skin, cut, puncture, bruise or other defect, which affects the appearance or which may affect the storage life of the vegetable ;
" officer " means an officer as defined by section 3 of the
Commerce (Trade Descriptions) Act 1905-1933;" registered brand " means a brand registered in pursuance of Part V. of these Regulations ;
" sound " means not over-mature, not soft, not wilted, free from disease, and free from excessive bruising or physical injuries affecting the keeping quality of the vegetables ;
" the Department " means the Department of Commerce and Agriculture ;
" the Minister " means the Minister of State for Commerce and Agriculture ;
" the Secretary " means the Secretary to the Department ;
" vegetables " means fresh vegetables intended for export ;
" well coloured " means externally well coloured for the variety ;
" well shaped " means well shaped for the variety.
(2.) In these Regulations, any reference to a Schedule shall be read as a reference to a Schedule to these Regulations, and any reference to a Form. shall be read as a reference to a Form contained in the Second Schedule.
(2.) Every delegation under this regulation shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Secretary.
Part II
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a ) the Secretary is satisfied that the vegetables have been prepared and packed for export in an establishment which is constructed, equipped and operated in an efficient and hygienic manner;(
b ) the conditions and restrictions (if any) specified in the second column of the First Schedule in relation to the name or description of the vegetables have been complied with;(
c ) the exporter has obtained an export permit in accordance with these Regulations in respect of the vegetables; and(
d ) the provisions of these Regulations have been complied with.
(2.) The provisions of paragraph (
(3.) Notwithstanding the provisions of sub-regulations (1.) and (2.) of this regulation, the exportation of vegetables is prohibited where, in the opinion of an officer specifically appointed in writing for the purpose by the Secretary, the seasonal conditions, varieties, ports of shipment, destination or proposed conditions of conveyance are such as to be detrimental to the good out-turn of the vegetables.
Part III
(2.) The trade description shall—
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a ) be in the form of a principal label or brand affixed to the containers of the vegetables in a prominent position and in a conspicuous and reasonably permanent manner ;(
b ) contain, in prominent and legible characters, a true description of the vegetables, together with the word " Australia " and the name of the State or Territory in which the vegetables were produced ; and(
c ) include-(i) the name or registered brand of the producer, or, where the identity of vegetables grown by several producers is lost during the operation of packing for export, the name or registered brand of the owner of the establishment in which the vegetables were packed, and may include, in addition, the name or registered brand of the exporter ; or
(ii) the name or registered brand of the exporter, together with a number or device which has been notified to the Department prior to the export of the vegetables and which indicates the identity of the producer.
Penalty: Fifty pounds.
Part IV
(2.) Where the services of an officer are made available in pursuance of an application under this regulation, the applicant shall pay to the Department the sum of Three shillings for each hour during which the officer is engaged in supervising the preparation of the vegetables, and in addition, in any case where the amount so payable is exceeded by the expenses incurred by the Department in supplying the services of the officer, the Minister may require to be paid, and if the Minister so requires, the applicant shall pay, a sum equal to the amount of the excess.
(2.) In exercising his powers under this regulation, the Secretary may limit the appointment of any place to the examination of a particular kind of vegetable, or may attach to the appointment any other condition or restriction.
(2.) The owner or duly authorized agent of the owner of any vegetables submitted for examination shall, at the time the vegetables are submitted for examination, deliver to the examining officer a notice and declaration in accordance with Form 2.
(3.) The exporter of any vegetables shall, within three days after shipment of the vegetables, furnish to the Secretary a declaration in accordance with Form 3.
Penalty: Fifty pounds.
(2.) In any proceedings for an offence against the last preceding
sub-regulation, a certificate signed by the Secretary or an Assistant Secretary
to the Department, certifying that the declaration was furnished in pursuance
of the last preceding regulation, and was made by the person by whom it
purports to have been made, shall be
(3.) Judicial notice shall be taken of the signature to any certificate made under the last preceding sub-regulation, and of the fact that the person whose signature it purports to bear holds, or held at the time when the certificate was issued, the office of Secretary or Assistant Secretary to the Department.
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b ) the officer is satisfied that the conditions and restrictions applicable under these Regulations in respect of the vegetables have been complied with,
he shall sign the certificate at the foot of the notice and declaration delivered in accordance with sub-regulation (2.) of regulation 15 of these Regulations and shall issue to the exporter an export permit in accordance with Form 4.
(2.) When the vegetables are brought to a wharf for shipment, the exporter shall deliver the export permit to the officer on duty at the ship by which the vegetables are to be exported.
(3.) Vegetables shall be loaded into a ship under the supervision of an officer.
(4.) When the officer is satisfied that the vegetables have been shipped in accordance with the provisions of these Regulations, the officer shall issue to the exporter a certificate of the condition of the vegetables in accordance with Form 5.
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a ) the containers are not marked in accordance with these Regulations ; or(
b ) any condition or restriction applicable under these Regulations has not been complied with,he may cancel the export permit issued in respect of the vegetables.
(2.) Where an export permit has been cancelled under the last preceding sub-regulation, the exporter shall, if so required by an officer, forthwith surrender the permit to the officer.
Penalty: Fifty pounds.
PART V
Part VI.—Miscellaneous
(2.) All persons appointed to be analysts for the purposes of the
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a ) where the analysis is made at the instance of an officer for departmental purposes—upon payment of the sum of One shilling; and(
b ) where the analysis is made at the request of the exporter desirous of obtaining the certificate—upon payment of the sum of Ten shillings and sixpence.
(2.) The time in respect of which the fee shall be charged shall include the time reasonably occupied by the officer in proceeding to and returning from the place where his attendance is required.
(3.) Where an officer is required to proceed on duty away from his ordinary station, the rate of charge to be made in respect of his services shall be fixed by the Minister.
(4.) For the purposes of this regulation, " holiday "
means any day observed as a holiday in the Public Service of the Commonwealth
under section 76 of the
THE SCHEDULES. Regulations 6 and 8.
FIRST SCHEDULE.
FIRST COLUMN | SECOND COLUMN. | THIRD COLUMN. | |||
Name or description of vegetables. | Conditions and restrictions to be complied with | Provisions relating to trade descriptions. | |||
1. All vegetables...... | 1. The vegetables shall, in the opinion of an officer, be— | The trade description shall be placed on one face of the container and shall set out— | |||
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2. The outer layers or shown surfaces of the vegetables in any container shall be a true indication of the average grade of the contents of the container. | |||||
Karri or Jarrah timber shall have the boards comprising the ends, tops and bottoms dressed on one side at least and the boards comprising the sides shall be smoothly sawn or dressed. | |||||
4. Crates in which vegetables are packed shall be of the dimensions specified in the following table in respect of the kind of vegetable :— |
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Description of Crate. | Inside Dimensions of Crate in inches. | Shape of End of Crate. | Kinds of vegetables to be packed in Crates. | ||
Crate A..... . | 22½ x15½ x 15½ | Octagonal ..... | Beetroot, carrots, onions, parsnips, potatoes, swede turnips and other root vegetables | ||
Crate B..... | 25¼ x 11½ x 11½ | Rectangular... | All vegetables | ||
Crate C..... | 25 x 11½ x 17½ | Rectangular... | Cabbages, Cauliflowers and other leaf vegetables | ||
5. Each crate shall be bound with two wires. | |||||
FIRST SCHEDULE—
FIRST COLUMN | SECOND COLUMN. | THIRD COLUMN. |
Name or description of vegetables. | Conditions and restrictions to be complied with | Provisions relating to trade descriptions. |
2. Beetroot............ | 1.The beetroot shall be— | The trade description shall include the words " A Grade Small " or " A Grade Medium ", whichever is applicable |
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(d) free from injury, shrivelling, growth cracks and excessive rootlets ; and |
(e) reasonably free from soil and other foreign matter. | ||
2. The flesh of the beetroot shall be uniformly red in colour. | ||
3. The leaves of the beetroot shall have been cleanly cut to not less than one inch and not more than one and one-half inches of the top of the beetroot. | ||
4. The beetroot shall be packed in crates. | ||
5. The beetroot shall be of one of the following sizes :— | ||
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3. Cabbages ......... | 1.—(1.) The cabbages shall be | The trade description shall include the words " A Grade Small " or " A Grade Medium ", whichever is applicable. |
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(2.) For the purposes of the last preceding sub-paragraph— | ||
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FIRST SCHEDULE—
FIRST COLUMN | SECOND COLUMN.. | THIRD COLUMN. |
Name or description of vegetables. | Conditions and restrictions to be complied with | Provisions relating to trade descriptions. |
3. Cabbages— | 2. The stem butts of the cabbages shall not be more than one-half inch in length. | |
3. The cabbages shall be firmly packed in crates. | ||
4. The cabbages shall be of one of the following sizes :— | ||
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4. Carrots ................ | 1. The carrots shall be— | The trade description shall include the words " A Grade Small " or " A Grade Medium ", whichever is applicable. |
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2. The leaves of the carrots shall have been cleanly cut to within one-half inch of the top of the carrots. | ||
3. The carrots shall be packed in crates. | ||
4. The carrots shall be of one of the following sizes :— | ||
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5. Cauliflowers ........ | 1.—(1.) The cauliflowers shall be— | The trade description shall include the words " A Grade Small " or " A Grade Medium " or " A Grade Large", whichever is applicable. |
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FIRST SCHEDULE—
FIRST COLUMN | SECOND COLUMN.. | THIRD COLUMN. | |
Name or description of vegetables. | Conditions and restrictions to be complied with | Provisions relating to trade descriptions. | |
5.
Cauliflowers— | (2.) For the purposes of the last preceding sub-paragraph- | ||
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2. The stem butts of the cauliflowers shall not be more than one-half inch in length. | |||
3. The cauliflowers shall be firmly packed in crates. | |||
4. The cauliflowers shall be of one of the following sizes :- | |||
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6. Onions ................ | 1.—(1.) The onions shall be— | The trade description shall include the words " A Grade Small " or " A Grade Medium ", whichever is applicable. | |
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(2.) For the purposes of the last preceding sub-paragraph— | |||
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FIRST SCHEDULE—
FIRST COLUMN | SECOND COLUMN. | THIRD COLUMN. |
Name or description of vegetables. | Conditions and restrictions to be complied with | Provisions relating to trade descriptions. |
6. Onions— | 2. The onions shall be packed— | |
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3. The onions shall be of one of the following sizes :- | ||
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7. Parsnips............... | 1. The parsnips shall be— | The trade description shall include the words " A Grade Small " or " A Grade Medium ", whichever is applicable. |
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2. The leaves of the parsnips shall have been cleanly cut to within one-half inch of the top of the parsnips. | ||
3. The parsnips shall be packed in crates. | ||
4. The parsnips shall be of one of the following sizes :— | ||
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8. Potatoes .............. | 1.—(1.) The potatoes shall be— | The trade description shall include the words " A Grade Small " or " A Grade Medium " or " A Grade Large", whichever is applicable. |
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FIRST SCHEDULE—
FIRST COLUMN | SECOND COLUMN. | THIRD COLUMN. |
Name or description of vegetables. | Conditions and restrictions to be complied with | Provisions relating to trade descriptions. |
8. Potatoes— | (2.) For the purposes of the last preceding sub-paragraph— | |
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2. The potatoes shall be packed— | ||
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3. The potatoes shall be of one of the following sizes :- | ||
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9. Swede Turnips (Rutabagas) | 1. The swedes shall be— | The trade description shall include the words " A Grade Small " or " A Grade Medium " or " A Grade Large", whichever is applicable. |
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2. The leaves of the swedes shall have been cleanly cut to within one-half inch of the top of the swedes. | ||
3. The swedes shall be packed in crates. | ||
4. The swedes shall be of one of the following sizes :— | ||
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SECOND SCHEDULE.
FORM 1. Regulation 15.
COMMONWEALTH OF AUSTRALIA.
NOTICE OF INTENTION TO EXPORT FRESH VEGETABLES.
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To the Secretary,
Department of Commerce and Agriculture,
Port of
I | * hereby give notice that approximately | crates* | of | ||
*We | bags* | ||||
will be shipped by | *me *us | per | |||
and will be available for inspection at on
Signature of Exporter.
FORM 2.1 Regulation 15.
COMMONWEALTH. OF AUSTRALIA.
NOTICE OF SUBMISSION OF FRESH VEGETABLES FOR EXAMINATION.
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To the Secretary,
Department of Commerce and Agriculture,
Port of
*I | submit herewith for the purpose of examination the fresh vegetables |
*We | |
specified | *hereunder |
*on the attached statement |
The vegetables are to be shipped per to on / / .
*I | hereby declare— |
*We |
( | *I am | the | *owner (s) | duly authorized by |
*We are | *agent (s) | |||
the owner (s) of the fresh vegetables so specified; | ||||
(
b ) that the conditions and restrictions applicable in respect of the vegetables under the Exports (Fresh Vegetables) Regulations have been complied with;(
c ) that the vegetables are marked in the prescribed manner with the prescribed trade description; and(
d ) that the vegetables in their present state have not been previously examined and rejected by an officer.
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(Signature of owner or agent.)
Business address—
(Witness to signature of owner or agent.)
CERTIFICATE BY EXAMINING OFFICER.
I hereby certify that, with the exception of I am
satisfied that—
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a ) the vegetables referred to above are marked in the prescribed manner with the prescribed trade description ; and(
b ) the conditions and restrictions applicable in respect of the vegetables under the Export (Fresh Vegetables) Regulations have been complied with.Examining Officer.
/ /
FORM 3. Regulation 15.
COMMONWEALTH OF AUSTRALIA
STATEMENT OF FRESH VEGETABLES SHIPPED.
19
To the Secretary,
Department of Commerce and Agriculture,
Port of
*I | hereby declare that fresh vegetables as specified hereunder were | |||
*We | ||||
Shipped by | *me | per which sailed from the port of | ||
*us | ||||
on 19, and that | *I | received an export permit in | ||
*we | ||||
respect thereof in accordance with the provisions of the Exports (Fresh Vegetables) Regulations—
Kind of Vegetables. | Grade of Vegetables. | Brands. | Number of Packages. | Type of Packages. | Destination. |
Signature of Exporter.
(Witness to Signature of Exporter.)
FORM 4. Regulation 17.
COMMONWEALTH OF AUSTRALIA.
EXPORT PERMIT.
Port of
Date 19 .
To the Officer of Customs,
Wharf.
The undermentioned fresh vegetables to be shipped per are marked in the prescribed manner with the prescribed trade description and the conditions and restrictions applicable in respect of the vegetables under the Exports (Fresh Vegetables) Regulations have been complied with :—
Marks. | Exporter. | Kind of Vegetables. | Quantity. |
Officer of the Department of Commerce
and Agriculture.
Shipped the above vegetables
Officer of Customs.
Date , 19 .
Form 5. Regulation 17.
COMMONWEALTH OF AUSTRALIA.
CERTIFICATE AS TO CONDITION OF FRESH VEGETABLES.
This is to certify that the fresh vegetables described hereunder have 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 Vegetables) Regulations.
Vessel. Date of shipment.
Kind of Vegetables. | Grade of Vegetables. | Brands. | Number of Packages. | Type of Packages | Destination. |
Dated at in the State of the
day of 19 .
Officer of the Department of Commerce
and Agriculture.
By Authority : L. F. Johnston, Commonwealth Government Printer, Canberra.
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