Exports (General) Regulations (Amendment) (Cth)

STATUTORY RULES.

1963. No. 29.

 

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 twenty-ninth day of March, 1963.

DE L’ISLE

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 (General) Regulations. 

Definitions.

1. Regulation 4 of the Exports (General) Regulations is amended by omitting the definition of “ analyst ”.

2. Regulations 21, 22 and 23 of the Exports (General) Regulations are repealed and the following regulations inserted in their stead:—

Registration of brands.

“ 21.—(1.) Subject to regulation 23 of these Regulations, the Secretary—

(a) may register a brand as a brand that may be included in the trade description of goods to which these Regulations apply; and

(b) shall keep a register, to be known as the Register of Brands, of the brands so registered.

“ (2.) A brand may be registered for any one or more of the goods to which these Regulations apply.

“ (3.) The register of brands kept by the Secretary under these Regulations as in force immediately before the commencement of this regulation and any register incorporated with and forming part of that register shall be incorporated with and form part of the register kept under this regulation.

 

* Notified in the Commonwealth Gazette on 10th April, 1963.

  Statutory Rules 1954, No. 1 as amended by Statutory Rules 1954, Nos. 42 and 91; 1955, No. 91; 1956, Nos. 7 and 120; and 1960, Nos. 40 and 69.

5686/62.—Price 3d. 10/8.3.1963.

 

Application to be accompanied by copies of brand.

“ 22. An application for the registration of a brand shall be accompanied by seven copies of the brand.

Registration as trade mark necessary.

“ 23. A brand shall not be registered under these Regulations unless it is registered, or deemed to be registered, in the Register of Trade Marks kept under the Trade Marks Act 1955-1958, as a trade mark and unless the applicant is the registered proprietor or a registered user of the trade mark.”.

3. Regulations 27, 28 and 29 of the Exports (General) Regulations are repealed and the following regulations inserted in their stead:—

Prescribed goods.

“ 27. Goods to which these Regulations apply are prescribed goods for the purposes of section 5 of the Commerce (Trade Descriptions) Act 1905-1950.

Analysts.

“ 28.—(1.) The Minister may appoint to be analysts, for the purposes of these Regulations, persons who he is satisfied have the necessary qualifications.

“ (2.) An officer of the Department of Customs and Excise for the time being occupying a prescribed office in that Department shall be deemed to have been appointed to be an analyst under the last preceding sub-regulation.

“ (3.) The following offices are prescribed offices for the purpose of the last preceding sub-regulation:—

(a) Commonwealth Analyst;

(b) Supervising Analyst;

(c) Senior Analyst; and

(d) Analyst.

“ (4.) An analyst may analyse samples taken by an officer under the Commerce (Trade Descriptions) Act 1905-1950 of goods to which these Regulations apply.

Certificates by analysts.

“ 29.—(1.) In proceedings under the Customs Act 1901-1960, the Commerce (Trade Descriptions) Act 1905-1950 or these Regulations in relation to goods to which these Regulations apply—

(a) a certificate by writing under the hand of an analyst setting out that he has examined or made an analysis of a sample of those goods and stating the result of the examination or analysis is prima facie evidence of the matters stated in the certificate; and

(b) a document purporting to be such a certificate shall, unless the contrary is proved, be deemed to be such a certificate.

“ (2.) Where a certificate has been given by an analyst stating the result of an examination or analysis of a sample of goods to which these Regulations apply, the Secretary may furnish a copy of the certificate to the manufacturer, producer or exporter if the manufacturer, producer or exporter so requests and pays—

(a) in the case of an examination or analysis made at the request of the manufacturer, producer or exporter—a fee of Fifteen shillings; or

(b) in any other case—a fee of Three shillings.”.

Fees for inspection out of ordinary hours.

4. Regulation 30 of the Exports (General) Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“ (3.) In this regulation—

‘ holiday ’, in relation to the services of an officer on a day, means a day observed as a holiday under section 76 of the Public Service Act 1922-1960 at the place at which the attendance of the officer is required;

‘ officer ’ has the same meaning as in section 4 of the Customs Act 1901-1960.”.

Second Schedule.

5. The Second Schedule to the Exports (General) Regulations is amended—

(a) by omitting from the paragraph numbered 4 in the second column of item 2 opposite to the words “ (b) Orange juice ” the words “ shall not be sweetened and ” and inserting in their steads the words “, if not sweetened,”;

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

“ 4a. The juice may be sweetened with sugar and, if so sweetened, it shall have a density of not more than 16.0 degrees Brix.”; and

(c) by omitting from paragraph 3 of the second column of item 3 the words “ Commerce (Meat Export) Regulations ” and inserting in their stead the words “ Exports (Meat) Regulations ”.

 

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