Exports (General) Regulations (Cth)
EXPORTS (GENERAL) REGULATIONS - Incorporating all amendments by legislation
made to 28 February 1981
- Reprinted as at 28 February 1981 (HISTREG CHAP 98 #DATE 28:02:1981)
made to 28 February 1981
- Reprinted as at 28 February 1981 (HISTREG CHAP 98 #DATE 28:02:1981)
*1* The Exports (General) Regulations (in force under the Customs Act 1901 and
Statutory Rules 1954 No. 1 as amended by the other Statutory Rules specified in
the following table:
----------------------------------------------------------------------------
Application, saving Year and Date of notification Date of or transitional
number in Gazette commencement provisions
---------------------------------------------------------------------------- 1954 No. 1 7 Jan 1954 7 Jan 1954
42 6 May 1954 6 May 1954 -
91 26 Aug 1954 26 Aug 1954 -
1955 No. 91 15 Dec 1955 15 Dec 1955 -
1956 No. 7 1 Mar 1956 1 Mar 1956 -
120 24 Dec 1956 24 Dec 1956 -
1960 No. 40 9 June 1960 9 June 1960 -
69 30 Aug 1960 30 Aug 1960 -
1963 No. 29 10 Apr 1963 10 Apr 1963 -
142 24 Dec 1963 24 Dec 1963 -
1964 No. 153 21 Dec 1964 21 Dec 1964 -
1966 No. 51 11 Feb 1966 14 Feb 1966 -
1969 No. 35 13 Mar 1969 13 Mar 1969 -
139 11 Sept 1969 11 Sept 1969 -
1974 No. 229 6 Dec 1974 6 Dec 1974 -
1977 No. 251 21 Dec 1977 21 Dec 1977 -
1978 No. 37 22 Mar 1978 22 Mar 1978 -
1979 No. 252 30 Nov 1979 30 Nov 1979 R. 3 (2) and (3)
1980 No. 236 21 Aug 1980 21 Aug 1980 -
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EXPORTS (GENERAL) REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Regulation
1. Citation
2. Repeal
3. (Repealed)
4. Interpretation
5. Application
6. Delegation
PART II-GENERAL PROVISIONS AS TO EXPORTATION OF GOODS
7. Exportation of certain goods prohibited except subject to conditions
8. Officers may enter establishments, take samples, &c.
PART III-TRADE DESCRIPTIONS
9. Exportation of certain goods prohibited unless trade description
applied
10. Requirements as to trade description
11. Trade description may include name of State or Territory of
manufacture
12. Trade descriptions and official marks not to be interfered with
PART IV-SUPERVISION, INSPECTION AND EXAMINATION
13. Preparation of export goods under supervision
14. Secretary may appoint places for inspection of exports
15. Goods to be sent to appointed places
16. Examination at places other than appointed places
17. Notice of intention to export, and declaration
18. False declarations
19. Export permit and certificate as to examination of goods
20. Goods may be re-examined and permit cancelled
PART V-REGISTRATION OF BRANDS
21. Registration of brands
22. Application to be accompanied by copies of brand
23. Registration as trade mark necessary
24. Registration number
25. Assignments and transmissions of trade marks to be notified
26. Cancellation of brand where no longer registered as a trade mark
27. Prescribed goods
28. Analysts
29. Certificates by analysts
30. Fees for officers' services
THE SCHEDULES
FIRST SCHEDULE
Statutory Rules Repealed
SECOND SCHEDULE
Description of Goods
THIRD SCHEDULE
Forms
EXPORTS (GENERAL) REGULATIONS - SECT. 1.
Citation
PART I-PRELIMINARY
1. These Regulations may be cited as the Exports (General) Regulations.*1*
See notes to first article of this Chapter.
EXPORTS (GENERAL) REGULATIONS - SECT. 2.
Repeal
2. The Exports (General) Regulations (comprising the Statutory Rules specified in the First Schedule) are repealed.
Regulation 3 repealed by 1978 No. 37 r. 1
* * * * * * * *
EXPORTS (GENERAL) REGULATIONS - SECT. 4.
InterpretationSub-reg. (1) amended by 1960 No. 69 r. 1; 1963 No. 29 r. 1; 1978 No. 37 r. 2
4. (1) In these Regulations, unless the contrary intention appears-
"analyst" means a person who holds, or is to be deemed to hold, office as an analyst under sub-regulation 28 (1);
"appointed place" means-
(a) a place appointed under regulation 14 of these Regulations;
(b) a wharf at which goods to which these Regulations apply and which are intended for export are to be shipped; or
(c) a ship used, or intended to be used, for the conveyance for export of goods to which these Regulations apply;
"disease" means any abnormal condition of or in goods, and includes any condition caused by or due to the presence, operation, development, growth or decay of any insect, fungus, bacterium, virus or parasite;
"goods to which these Regulations apply" means goods of a kind named or described in the first column of the Second Schedule;
"officer" has the same meaning as in the Commerce (Trade Descriptions) Act 1905-1950;
"registered brand" means a brand registered in pursuance of Part V of these Regulations or having effect as a registered brand for the purposes of the Regulations repealed by these Regulations;
"the Department" means the Department of Primary Industry;
"the Minister" means the Minister of State for Primary Industry;
"the Secretary" means the person for the time being holding, or performing the duties of, the office of Secretary of the Department.
(2) In these Regulations, a reference to a Schedule by number shall be read as a reference to the Schedule so numbered to these Regulations, and a reference to a form by number shall be read as a reference to the form so numbered in the Third Schedule to these Regulations.
(3) Strict compliance with the Forms contained in the Third Schedule is not necessary and substantial compliance is sufficient.
EXPORTS (GENERAL) REGULATIONS - SECT. 5.
ApplicationSubstituted by 1960 No. 69 r. 2; amended by 1979 No. 252 r. 1
5. These Regulations do not apply-
(a) to ships' stores brought to or shipped in Australia;
(b) to a parcel of seeds the mass of which does not exceed 1.5 kilograms in weight exported by post or by air; or
(c) to vegetable or flower seeds enclosed in a sealed envelope if the mass of the seeds is less than-
(i) in the case of bean, pea or sweet-corn seed-125 grams; or
(ii) in any other case-50 grams.
EXPORTS (GENERAL) REGULATIONS - SECT. 6.
Delegation
6. (1) The Secretary may, in relation to a particular matter or class of matters, by writing under his hand, delegate to an officer all or any of his powers and functions under these Regulations, except this power of delegation, so that the delegated powers or functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation as fully and effectually as by the Secretary.
(2) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or function by the Secretary.
EXPORTS (GENERAL) REGULATIONS - SECT. 7.
Exportation of certain goods prohibited except subject to conditions
PART II-GENERAL PROVISIONS AS TO EXPORTATION OF GOODS
7. (1) The exportation of any goods to which these Regulations apply is prohibited unless-
(a) the Secretary is satisfied that the goods have been prepared or manufactured for export in an establishment which is constructed, equipped and operated in an efficient and hygienic manner;
(b) the goods are, in the opinion of an officer, packed in such a manner as to ensure their arrival at their destination in a sound condition;
(c) the conditions and restrictions, if any, specified in the second column of the Second Schedule opposite to the name or description of those goods are complied with; and
(d) the exporter has obtained an export permit in accordance with these Regulations in respect of the goods.
(2) Paragraph (c) of the last preceding sub-regulation does not apply to goods in respect of which the Secretary has certified in writing that, for the purposes of experiment or on account of exceptional circumstances, it is desirable that that paragraph should not apply to those goods.
EXPORTS (GENERAL) REGULATIONS - SECT. 8.
Officers may enter establishments, take samples, &c.
8. An officer may at any time enter an establishment in which goods to which these Regulations apply are being prepared or manufactured for export, and may open packages, take samples and do all other things necessary to enable him to ascertain whether the establishment is constructed, equipped and operated in an efficient and hygienic manner.
EXPORTS (GENERAL) REGULATIONS - SECT. 9.
Exportation of certain goods prohibited unless trade description applied
PART III-TRADE DESCRIPTIONS
9. (1) Subject to this regulation, the exportation of any goods to which these Regulations apply is prohibited unless there is applied to the goods a trade description which complies with the requirements of the next succeeding regulation and the requirements, if any, specified in the third column of the Second Schedule opposite to the name or description of those goods.
Substituted by 1960 No. 69 r. 3(2) This regulation does not apply to goods which are imported into Australia if the Secretary is satisfied that they are not the produce or manufacture of Australia.
EXPORTS (GENERAL) REGULATIONS - SECT. 10.
Requirements as to trade descriptionSub-reg. (1) amended by 1954 No. 91 r. 1; 1979 No. 252 r. 2
10. (1) A trade description required to be applied to goods under the last preceding regulation-
(a) shall be in the form of a label or brand fixed to the outer covering of the goods in a prominent position and in a conspicuous and reasonably permanent manner; (b) shall contain, in prominent and legible characters, a true description of the goods together with the word "Australia ";
(c) where the manufacturer or producer of the goods is the exporter, shall include his name or registered brand or his name and registered brand;
(d) where the manufacturer or producer of the goods is not the exporter, shall include-
(i) the name or registered brand, or the name and registered brand, of the exporter and, unless the exporter has set out the name and address of the manufacturer or producer of the goods in the notice furnished by him in respect of the goods under regulation 17 of these Regulations, the name or registered brand, or the name and registered brand, of the producer or manufacturer of the goods; or
(ii) the name or registered brand, or the name and registered brand, of the producer or manufacturer of the goods;
(e) shall specify, except in the case of plants, dried field peas and horse or tick beans, the net mass or quantity of the goods;
(f) in the case of goods which contain a deleterious substance shall include a statement that the goods contain that deleterious substance; and
(g) shall have relation to the condition of the goods at the time of shipment.
(2) Notwithstanding the last preceding sub-regulation, the Secretary may, subject to such conditions as he thinks fit, permit the name or brand of the consignee of goods to be included in the trade description in lieu of the name or registered brand of the manufacturer, producer or exporter.
EXPORTS (GENERAL) REGULATIONS - SECT. 11.
Trade description may include name of State or Territory of manufacture
11. A trade description required to be applied to goods under regulation 9 of these Regulations may include the name of the State or Territory in which the goods were manufactured or produced.
EXPORTS (GENERAL) REGULATIONS - SECT. 12.
Trade descriptions and official marks not to be interfered withAmended by 1969 No. 35 r. 2
12. Where goods to which these Regulations apply and which are intended for export have been inspected by an officer, a person shall not, except with the approval of an officer, remove, alter or interfere with a trade description applied to those goods or a stamp or mark placed on or applied to those goods by an officer.
Penalty: One hundred dollars.
EXPORTS (GENERAL) REGULATIONS - SECT. 13.
Preparation of export goods under supervision
PART IV-SUPERVISION, INSPECTION AND EXAMINATION
13. (1) Upon the application of a person engaged in the preparation of goods to which these Regulations apply and which are intended for export, the Secretary may make available the services of an officer to supervise the preparation of the goods.
(2) When goods are prepared under the supervision of an officer made available under the last preceding sub-regulation, the person engaged in the preparation of the goods may attach or affix to the goods, or to the coverings of the goods, a label stating that the goods have been prepared under the supervision of an officer.
(3) The officer may sign or stamp his name upon the label.
Amended by 1969 No. 35 r. 2(4) Where the services of an officer are made available in pursuance of an application under sub-regulation (1) of this regulation, the applicant shall pay to the Department for those services-
(a) a fee calculated at the rate of Thirty cents for each hour, or part of an hour, during which the officer is engaged in supervising the preparation of goods; or
(b) where the amount so calculated is less than the expenses incurred by the Department in making the services of the officer available and the Minister directs that payment be made under this paragraph-a fee equal to the amount of those expenses.
(5) A fee is not payable for the services of an officer under the last preceding sub-regulation in respect of a period for which a fee is paid under regulation 30 of these Regulations for the services of that officer.
EXPORTS (GENERAL) REGULATIONS - SECT. 14.
Secretary may appoint places for inspection of exports
14. (1) The Secretary may, by writing under his hand, appoint a place to be a place where goods to which these Regulations apply and which are intended for export may be inspected and examined.
(2) A place may be appointed for the inspection and examination of a particular kind of goods, or of goods included in a particular class of goods, and the appointment may be made subject to such conditions and restrictions as the Secretary thinks fit.
EXPORTS (GENERAL) REGULATIONS - SECT. 15.
Goods to be sent to appointed places
15. If goods to which these Regulations apply and which are intended for export are not sent to an appointed place for inspection and examination within a reasonable period before the goods are proposed to be shipped, an officer may refuse to inspect and examine them.
EXPORTS (GENERAL) REGULATIONS - SECT. 16.
Examination at places other than appointed places
16. The Secretary may, in an exceptional case, permit the inspection and examination of goods to be made at a place other than an appointed place.
EXPORTS (GENERAL) REGULATIONS - SECT. 17.
Notice of intention to export, and declaration
17. (1) A person who intends to export any goods to which these Regulations apply shall furnish to the Department a notice and declaration in writing in accordance with Form 1.
Amended by 1964 No. 153 r. 1(2) The notice and declaration shall be furnished-
(a) in the case of chutneys, pickles, sauces, fruit juice, fruit pulp, jam, marmalade, dried and preserved vegetables-at least three days before the proposed date of shipment; and
(b) in any other case-at least one day before the proposed date of shipment.
(3) A declaration relating to lucerne seed shall, in addition to the matters specified in the form of a declaration in Form 1, state the name of the State or Territory, and district, where, and the year in which, the seed was produced.
EXPORTS (GENERAL) REGULATIONS - SECT. 18.
False declarationsSub-reg. (1) amended by 1969 No. 35 r. 2
18. (1) A person shall not make a false or misleading statement in a declaration furnished in pursuance of the last preceding regulation.
Penalty: One hundred dollars.
(2) In proceedings for an offence against the last preceding sub-regulation, a certificate signed by the Secretary 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, is evidence of the matters stated in the certificate.
(3) Judicial notice shall be taken of the signature of the Secretary appearing on a certificate under the last preceding sub-regulation and of the fact that the person by whom the certificate purports to have been signed is, or was at the time he signed the certificate, the Secretary.
EXPORTS (GENERAL) REGULATIONS - SECT. 19.
Export permit and certificate as to examination of goods
19. (1) Where-
(a) goods to which these Regulations apply and which are intended for export are marked with a trade description in accordance with these Regulations; and
(b) an officer who has examined those goods is satisfied that the conditions and restrictions applicable under these Regulations in respect of the goods have been complied with,
the officer shall sign the certificate at the foot of the notice and declaration furnished in respect of the goods under regulation 17 of these Regulations, and the exporter is thereupon entitled to receive an export permit in accordance with Form 2 and a certificate as to the condition of the goods in accordance with Form 3.
(2) When goods to which these Regulations apply and which are intended for export are brought to a wharf for shipment, the exporter shall deliver the export permit referred to in the last preceding sub-regulation to the officer of Customs on duty at the ship by which the goods are to be exported.
EXPORTS (GENERAL) REGULATIONS - SECT. 20.
Goods may be re-examined and permit cancelled
20. (1) If an officer has reasonable cause to think that, since the examination by an officer of any goods to which these Regulations apply and which are intended for export, the condition, quality, grade or class of the goods has changed, he may re-examine the goods and if, having regard to the condition, quality, grade or class of the goods as disclosed by the re-examination, he is satisfied that-
(a) the goods are not marked with a trade description in accordance with these Regulations; or
(b) any condition or restriction applicable to the goods under these Regulations has not been complied with,
he may cancel the export permit and any certificate as to the condition of the goods issued under the last preceding regulation in respect of those goods.
Amended by 1969 No 35 r. 2(2) Where an export permit or a certificate as to the condition of goods has been cancelled under the last preceding sub-regulation, the exporter shall, if so required by an officer, forthwith surrender the permit or certificate, as the case may be, to the officer.
Penalty: One hundred dollars.
EXPORTS (GENERAL) REGULATIONS - SECT. 21.
Registration of brands
PART V-REGISTRATION OF BRANDS
Substituted by 1963 No. 29 r. 2
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.
EXPORTS (GENERAL) REGULATIONS - SECT. 22.
Application to be accompanied by copies of brandSubstituted by 1963 No. 29 r. 2
22. An application for the registration of a brand shall be accompanied by seven copies of the brand.
EXPORTS (GENERAL) REGULATIONS - SECT. 23.
Registration as trade mark necessarySubstituted by 1963 No. 29 r. 2
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.
EXPORTS (GENERAL) REGULATIONS - SECT. 24.
Registration number
24. The Secretary shall allot a number to each registered brand and that number may be applied to goods in conjunction with the brand.
EXPORTS (GENERAL) REGULATIONS - SECT. 25.
Assignments and transmissions of trade marks to be notifiedAmended by 1969 No. 35 r. 2
25. Where a trade mark which is a registered brand is assigned or transmitted, the person to whom it is assigned or transmitted shall forthwith give notice of the assignment or transmission to the Secretary.
Penalty: Fifty dollars.
EXPORTS (GENERAL) REGULATIONS - SECT. 26.
Cancellation of brand where no longer registered as a trade mark
26. Where a trade mark which is a registered brand ceases to be registered as a trade mark, the Secretary shall cancel the registration of the brand.
EXPORTS (GENERAL) REGULATIONS - SECT. 27.
Prescribed goodsSubstituted by 1963 No. 29 r. 3
27. Goods to which these Regulations apply are prescribed goods for the purposes of section 5 of the Commerce (Trade Descriptions) Act 1905-1950.
EXPORTS (GENERAL) REGULATIONS - SECT. 28.
AnalystsSubstituted by 1963 No. 29 r. 3
28. (1) The Minister may appoint to be analysts, for the purposes of these Regulations, persons who he is satisfied have the necessary qualifications.
Substituted by 1978 No. 37 r. 3(2) The person for the time being occupying, or performing the duties of-
(a) the office of Assistant Secretary in the Analytical Services Branch in the Department of Science; or
(b) an office in the Analytical Services Branch in the Department of Science the designation of which includes the word "Science ",
shall be deemed to have been appointed to be an analyst under sub-regulation (1).
Sub-reg. (3) omitted by 1978 No. 37 r. 3
* * * * * * * *
(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.
EXPORTS (GENERAL) REGULATIONS - SECT. 29.
Certificates by analystsSubstituted by 1963 No. 29 r. 3
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.
Amended by 1969 No. 35 r. 2(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 One dollar fifty cents; or
(b) in any other case-a fee of Thirty cents.
EXPORTS (GENERAL) REGULATIONS - SECT. 30.
Fees for officers' servicesSubstituted by 1966 No. 51 r. 2 Sub-reg. (1) substituted by 1974 No. 229; amended by 1977 No. 251; 1980 No. 236
30. (1) Subject to sub-regulation (3), where, at the request of a person, the services of an officer are made available to the person for the purposes of these Regulations, the person shall be charged-
(a) in respect of services rendered-
(i) on a week day either before the hour of 7 o'clock in the morning or after the hour of 10 o'clock in the night of that day; or
(ii) on a Saturday or Sunday,
a fee of $3.20 for each quarter-hour or part of a quarter-hour during which the services are so rendered;
(aa) in respect of services rendered on a holiday-a fee of $3.90 for each quarter-hour or part of a quarter-hour during which the services are so rendered;
(b) in respect of services rendered on a week day after the hour of 5 o'clock in the afternoon and before the hour of 10 o'clock in the night of that day-a fee of $2.35 for each quarter-hour or part of a quarter-hour during which the services are so rendered; or
(c) in respect of services rendered on a week day after the hour of 7 o'clock in the morning and before the hour of 5 o'clock in the afternoon of that day, being services so rendered for more than eight hours-a fee of $2.35 for each quarter-hour or part of a quarter-hour during which the services are so rendered after the services have been so rendered for eight hours.
Substituted by 1974 No. 229(2) In calculating the fee to be charged a person under sub-regulation (1) in respect of the services of an officer made available to him, the time reasonably occupied by the officer in proceeding to and returning from the place where his attendance is required shall be treated as time during which the services are rendered.
(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.
Amended by 1974 No. 229(4) In this regulation-
"holiday" in relation to the services of an officer on a day, means a day observed, at the place at which the attendance of the officer is required, as a holiday under section 76 of the Public Service Act 1922-1964;
"officer" has the same meaning as in section 4 of the Customs Act 1901-1965;
"week day" in relation to the services of an officer on a day, means a Monday, Tuesday, Wednesday, Thursday or Friday that is not a holiday.
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EXPORTS (GENERAL) REGULATIONS - FIRST SCHEDULE SCH
FIRST SCHEDULE
Regulation 2
STATUTORY RULES REPEALED
Statutory Rules 1937, No. 68
Statutory Rules 1942, No. 286
Statutory Rules 1943, No. 192
Statutory Rules 1944, No. 139
Statutory Rules 1948, No. 11
Statutory Rules 1948, No. 28
Statutory Rules 1948, No. 166
Statutory Rules 1949, No. 53
Statutory Rules 1950, No. 36
Statutory Rules 1950, No. 54
Statutory Rules 1951, No. 47
Statutory Rules 1951, No. 126
Statutory Rules 1952, No. 111.
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Amended by 1954 No. 91 r. 2; 1955 No. 91; 1963 No. 29 r. 5; 1964 No. 153 r. 3; 1969 No. 139; 1979 No. 252 r. 3
SCH
EXPORTS (GENERAL) REGULATIONS - SECOND SCHEDULE SCH
SECOND SCHEDULE
------------------------------------------------------------------------------ --
FIRST COLUMN SECOND COLUMN THIRD COLUMN
Name or
Description of Additional
Requirements as
to
Goods Conditions and Restrictions Trade
Descriptions
------------------------------------------------------------------------------ -- 1. Chutneys,
pickles and
sauces 1. The goods shall not contain-
(a) more than 0.025 per centum of
benzoic acid; or
(b) any other preservative substance
2. The goods shall be free from disease,
damage and decay
1A. Dried
Field Peas 1. The peas shall have been machine
cleaned
2. The peas shall be hard well-filled
peas of characteristic colour for the
variety
3. The peas shall be of a size that will
not pass through a riddle being 5
millimetres in diameter
4. The peas shall not contain more than
two per centum by mass of sprouted,
grub-eaten and otherwise damaged peas and
foreign matter, and shall otherwise be free
from disease
5. The peas shall conform to a grain
standard approved by the Secretary for the
variety
6. The peas shall be packed in new bags,
unless the Secretary permits the use of
other containers 1. The trade
description shall include a
statement of the
year in which the peas were
harvested
2. For the
purposes of the
statement
referred to in
the last
preceding
paragraph the
year in which
peas were
harvested shall
be the period of
12 months ending
on the 30th day
of June next
succeeding the
date of
harvesting
3. The trade
description shall not include the
name of a variety of field peas
unless the peas
contain not less
than 90 per
centum by mass of that variety
4. The trade
description shall include the word
"mixed" in
conjunction with
the name of the
variety if the
peas contain more than 90 per
centum by mass of the variety but
less than-
(a) in the
case of blue
field peas, maple field peas or
grey field
peas-99 per
centum by mass of the variety; or
(b) in any
other case-97 per centum by mass of the variety
2. Fruit
juice-
(a) Lemon
juice 1. The juice shall be sound and wholesome
2. The juice shall consist of pure
unfermented juice obtained from properly
matured fresh clean fruit of the lemon tree
(Citrus medica lemonum)
3. The juice shall contain not more than
15 per centum of free and suspended pulp as
determined by the standard method (A.C.1)
4. The juice shall not be sweetened and
shall have a density due to its natural
content of soluble solids of not less than
7.0 degrees Brix
5. The juice shall contain not less than
5.5 per centum and not more than 7.5 per
centum of natural fruit acids expressed as
anhydrous citric acid by mass
6. The juice shall be free, or almost
free, from particles of membrane, and
entirely free from core, skin, seeds,
"rag" and other residue
7. The juice shall possess a distinct
lemon flavour free from traces of
scorching, caramelization, oxidation or
terpene
8. The juice shall be sufficiently
pasteurized to ensure preservation in
hermetically sealed containers and bottled
lemon juice may contain sulphur dioxide in
a proportion not exceeding 115 milligrams
of sulphur dioxide to the litre of juice
9. The immediate containers of the juice
shall not be packed in a case or other
outside container until a period of ten
days has elapsed after the completion of
the canning or bottling process The trade
description shall include the name
of the fruit from which the fruit
juice was
obtained and,
where
preservatives are used, the name of the preservative
and the number of milligrams of
preservative per
litre of juice
(b) Orange
juice 1. The juice shall be sound and wholesome
2. The juice shall consist of pure
unfermented juice obtained from properly
matured fresh clean fruit of the orange
tree (Citrus sinensis)
3. The juice shall contain not more than
15 per centum of free and suspended pulp as
determined by the standard method (A.C.1)
4. The juice, if not sweetened, shall
have a density due to its natural content
of soluble solids of not less than 10.0
degrees Brix
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
5. The juice shall contain not less than
0.70 per centum and not more than 1.60 per
centum of natural fruit acids expressed as
anhydrous citric acid by mass
6. The amount of recoverable oil shall be
not more than 0.050 per centum by volume
when determined by the standard method
(A.C.1)
7. The juice shall be free, or almost
free, from particles of membrane, and
entirely free from core, skin, seeds,
"rag" and other residue
8. The juice shall possess a distinct
orange flavour free from traces of
scorching, caramelization, oxidation or
terpene
9. The juice shall be sufficiently
pasteurized to ensure preservation in
hermetically scaled containers and bottled
orange juice may contain sulphur dioxide in
a proportion not exceeding 115 milligrams
of sulphur dioxide to the litre of juice
10. The immediate containers of the juice
shall not be packed in a case or other
outside container until a period of ten
days has elapsed after the completion of
the canning or bottling process The trade
description shall include the name
of the fruit from which the fruit
juice was
obtained and,
where
preservatives are used, the name of the preservative
and the number of milligrams of
preservative per
litre of juice
(c)
Grape-fruit
juice 1. The juice shall be sound and wholesome
2. The juice shall consist of pure
unfermented juice obtained from properly
matured fresh clean fruit of the
grape-fruit tree (Citrus grandus Osbeck)
3. The juice shall contain not more than
15 per centum of free and suspended pulp as
determined by the standard method (A.C.1)
4. The juice shall be sweetened with
sugar and shall have a density of not less
than 20 degrees Brix
5. The juice shall contain not less than
0.80 per centum and not more than 2.0 per
centum of natural fruit acids expressed as
anhydrous citric acid by mass
6. The amount of recoverable oil shall be
not more than 0.030 per centum of volume
when determined by the standard method
(A.C.1) The trade
description shall include the name
of the fruit from which the fruit
juice was
obtained and,
where
preservatives are used, the name of the preservative
and the number of milligrams of
preservative per
litre of juice
7. The juice shall be free, or almost
free, from particles of membrane, and
entirely free from core, skin, seeds,
"rag" and other residue
8. The juice shall possess a distinct
grape-fruit flavour free from traces of
scorching, caramelization, oxidation or
terpene
9. The juice shall be sufficiently
pasteurized to ensure preservation in
hermetically sealed containers and bottled
grape-fruit juice may contain sulphur
dioxide in a proportion not exceeding 115
milligrams of sulphur dioxide to the litre
of juice
10. The immediate containers of the juice
shall not be packed in a case or other
outside container until a period of ten
days has elapsed after the completion of
the canning or bottling process
(d) Orange
juice
and grape-fruit
juice
(blended) 1. The blended juice shall be sound and
wholesome
2. The blended juice shall consist of a
combination of pure unfermented juices
obtained from properly matured fresh, clean
fruits of the orange tree (Citrus sinensis)
and of the grape-fruit tree (Citrus grandus
Osbeck) and shall contain not less than 75
per centum of orange juice
3. The blended juice shall contain not
more than 15 per centum of free and
suspended pulp as determined by the
standard method (A.C.1)
4. The blended juice shall not be
sweetened and shall have a density due to
its natural content of soluble solids of
not less than 9.5 degrees Brix
5. The blended juice shall contain not
less than 0.75 per centum and not more than
1.65 per centum of natural fruit acids
expressed as anhydrous citric acid by mass
6. The amount of recoverable oil shall be
not more than 0.050 per centum by volume
when determined by the standard method
(A.C.1)
7. The blended juice shall be free, or
almost free, from particles of membrane,
and entirely free from core, skin, seeds,
"rag" and other residue
8. The blended juice shall possess a
normal flavour free from traces of
scorching, caramelization, oxidation or
terpene The trade
description shall include the name
of the fruits
from which the
fruit juice was
obtained and,
where
preservatives are used, the name of the preservative
and the number of milligrams of
preservative per
litre of juice
9. The blended juice shall be
sufficiently pasteurized to ensure
preservation in hermetically sealed
containers and bottled blended orange and
grape-fruit juice may contain sulphur
dioxide in a proportion not exceeding 115
milligrams of sulphur dioxide to the litre
of juice
10. The immediate containers of the juice
shall not be packed in a case or other
outside container until a period of ten
days has elapsed after the completion of
the canning or bottling process
(e) Other
fruit juice 1. The juice shall be the clear,
unfermented liquid product obtained by the
first pressing of fresh, ripe fruit and
shall not contain more than 0.2 per centum
by volume of alcohol
2. The immediate containers of the juice
shall not be packed in a case or other
outside container until a period of ten
days has elapsed after the completion of
the canning or bottling process The trade
description shall include the name
of the fruit from which the fruit
juice was
obtained and,
where
preservatives are used, the name of the preservative
and the number of milligrams of
preservative per
litre of juice
3. Fruit
mincemeat 1. No ingredients other than those
approved by an officer shall be used in the
manufacture of fruit mincemeat
2. The dried fruits used shall have been
packed in premises registered under the
Exports (Dried Fruits) Regulations
3. Where animal fats are used, they shall
have been prepared in premises registered
under the Exports (Meat) Regulations
4. A label shall not be applied to
containers of fruit mincemeat unless the
design, nature and dimensions of the label
have been approved by the Secretary
5. The immediate containers of fruit
mincemeat shall be clean and strongly and
efficiently constructed
6. The immediate containers shall be
enclosed in cases or other outside
containers of a type approved by the
Secretary The trade
description shall include-
(a) the words
"FRUIT
MINCEMEAT "; or
(b) the word
"MINCEMEAT" and a list of
ingredients set
forth in the
order
corresponding
with the
proportions in
which they are
present in the
mincemeat
7. If the outside containers are
constructed of wood-
(a) they shall be clean and new,
strapped with metal strapping or wire and
sufficiently strong to be able, in the
opinion of the Secretary, to withstand such
handling as is ordinarily incidental to
transportation to places beyond the
Commonwealth; and
(b) the wood shall be smoothly sawn or
dressed in a manner approved by the
Secretary
8. If the outside containers are
constructed of fibreboard, those containers
shall conform to Australian Standard
Specification No. 1991 of 1978 as adopted
by the Standards Association of Australia.
* * * * * * * *
SCH
4A. Horse or
Tick Beans 1. The beans shall be graded into either
of two grades, "Machine Cleaned" or
"Farm Cleaned "
2. The beans shall be hard, well-filled
beans of characteristic colour for the
variety
3. The beans shall be of a size that will
not pass through a riddle being 6.5
millimetres in diameter
4. The beans shall not contain more than-
(a) in the case of "Machine Cleaned "
beans-two per centum; and
(b) in the case of "Farm Cleaned "
beans-five per centum,
by mass of foreign matter, foreign
varieties of beans and sprouted, grub-eaten
or otherwise damaged beans, and shall be
otherwise free from disease
6. The beans shall be packed in new bags,
unless the Secretary permits the use of
other containers 1. The trade
description shall include a
statement of the
year in which the beans were
harvested
2. The trade
description shall include the words "Machine
Cleaned" or
"Farm Cleaned ", as the case may
be
5. Jam
(including
mixed jam,
marmalade and
fruit pulp) 1. The goods shall, in the opinion of an
officer-
(a) be sound and not diseased or
otherwise in an abnormal condition;
(b) be contained in packages or
containers which are suitable in respect of
size, nature, durability and cleanliness;
and
(c) be not likely, for any other
reason, to arrive at their destination in a
deteriorated condition
2. The jam (except in the case of mixed
jam, marmalade and fruit pulp) shall be the
product obtained by boiling one kind of
sound fruit with cane sugar or beet sugar,
or with both
3. Mixed jam shall be the product
obtained by boiling two or more varieties
of sound fruit with cane sugar or beet
sugar, or with both, and shall not contain
any added substance other than 5 per centum
or less of apple juice and, in the case of
raspberry, strawberry or plum jam, harmless
colouring matter
4. Marmalade shall be the product
obtained by boiling sound citrus fruit or
fruits with cane sugar or beet sugar, or
with both and shall not contain any added
substance except glucose made from maize
starch
5. Fruit pulp shall be the product
obtained by boiling any one variety of
sound fruit and shall not contain any added
substance
6. The water soluble extract of jam
(other than fruit pulp) shall be-
(a) not less than-
(i) in the case of gooseberry or
quince jam-64 per centum of the jam by
mass; and
(ii) in any other case-66 per centum
of the jam by mass; and
(b) not more than 71 per centum of the
jam by mass
7. The jam (other than fruit pulp) shall
contain not less than 50 per centum of
added sugar
8. The immediate containers of the jam
shall be made of tin plate or glass and
shall be clean and sufficiently strong to
be able, in the opinion of the Secretary,
to withstand such handling as is ordinarily
incidental to transportation to places
beyond the Commonwealth
9. Where the immediate containers of
pulps manufactured from berry fruits are
made of tin plate, the whole of the inner
surfaces of the container shall be
lacquered in a manner approved by the
Secretary 1. The trade
description shall include in bold
legible
characters of not less than 6
millimetres in
length the word
"Jam "
"Conserve ",
"Marmalade" or
"Fruit Jelly "
and the name of
the fruit or
fruits from which the jam has been
made
2. The trade
description of
mixed jam shall
include the names of the
constituent
fruits set forth
in order
corresponding
with the
proportions in
which they are
present in the
jam, the name of
the fruit used in greatest
proportion in the manufacture of
the jam being
placed first
3. Where more
than one variety
of fruit is used
in making jam
(other than jam
sold under the
description of
mixed jam or
mixed fruit jam), the trade
description shall include the name
of each variety
(other than a
variety added to
the jam in the
form of fruit
juice only in a
quantity not
exceeding 5 per
centum of the
total fruit
content of the
jam) preceded by, in a case where
the quantity of a variety contained in the jam is
less than 25 per
centum of the
total fruit
content of the
jam, the words
"flavoured
with" in an
easily readable
form
5. Jam
(including
mixed jam,
marmalade and
fruit
pulp)-continued 10. The immediate containers shall be
enclosed in cases constructed of wood or of
fibre board and the gross mass of the
cases, when packed, shall not exceed 35
kilograms
11. The immediate containers of the jam
shall not be packed in a case until a
period of ten days has elapsed after the
completion of the canning or bottling
process
12. If the cases are constructed of wood-
(a) they shall be clean and new,
strapped with metal strapping or wire and
sufficiently strong to be able, in the
opinion of the Secretary, to withstand such
handling as is ordinarily incidental to
transportation to places beyond the
Commonwealth; and
(b) the wood shall be smoothly sawn or
dressed in a manner approved by the
Secretary
13. If those cases are constructed of
fibreboard, they shall conform to
Australian Standard Specification No. 1991
of 1978 as adopted by the Standards
Association of Australia
14. If the Secretary is of opinion that
there is such free movement of the
immediate containers within a case as to be
likely to cause breakage or other damage
to, or to the labels on, the containers
during transport, the containers shall be
securely packed with wood wool or other
suitable packing material
15. The design, nature and dimensions of
labels applied to containers of jam shall
be approved by the Secretary
16. A label applied to a container of jam
shall not include a pictorial
representation of a kind of fruit other
than the fruit from which the jam is made
unless the label also includes pictorial
representations of several other kinds of
fruit
17. Where jam is packed in tins-
(a) one label only shall be applied to
each tin and that label shall completely
cover the outside of the tin other than the
top and bottom; and
(b) an additional label shall not be
super-imposed without the permission of the
Secretary
18. Where fruit is packed in immediate
containers made of tin plate, the mass of
pulp in a container shall not exceed 15
kilograms and the mass of pulp in a case in
which the containers are packed shall not
exceed 30 kilograms, unless the fruit pulp
is loaded into a shipping container and
properly stowed to avoid damage 4. In the case
of fruit pulp,
the trade
description shall comply with the
following
additional
provisions:
(a) The label
shall be clearly
and legibly
printed and
affixed in a
prominent
position to the
container, and
the trade
description shall include, in bold
and legible
characters of not less than 10
millimetres in
length, the word
"pulp" and the
name of the fruit from which the
pulp has been
prepared;
(b) On the
immediate
container, if
made of tin
plate, there
shall be
impressed, in a
form approved by
the Secretary, an indication of the year and month of manufacture
* * * * * * * *
SCH
6. Nuts 1. Ninety per centum of the nuts in each
consignment shall be fresh, reasonably
uniform in colour, dry and free from damage
caused by stains and from adhering or loose
hulls or other foreign material
2. The kernels of 90 per centum of the
nuts in each consignment shall be well
formed and cured and free from rancidity
and damage caused by lack of development,
insects, mould, discolouration or other
causes
3. The nuts shall be reasonably uniform
in size
7. Plants,
including parts
of plants
(except the
seed) intended
for planting or
for purposes of
propogation The plants shall be free from disease,
damage and decay
8. Seeds 1. The seeds shall be free from seeds
other than those specified in the trade
description and from stalks, soil and other
foreign substances
2. The seeds shall be free from disease,
damage and decay
3. The germinating power of the seeds
(other than lucerne seeds) shall not be
impaired by age or other cause
4. The seeds shall not be contained in
second-hand bags
5. Lucerne seed shall possess germinating
power to the extent of 80 per centum The trade
description, in
the case of
lucerne seeds,
shall specify the name of the State or Territory, and district where,
and the year in
which, the seeds
were produced
9. Vegetables
(dried and
preserved)
other than
dried, split or
kibbled peas,
dried field
peas and horse
or tick beans 1. The vegetables shall be free from
stalks, dirt, sand and other foreign
substances
2. The vegetables shall be the produce of
the latest crop
3. The vegetables shall be free from
disease, damage and decay
4. The vegetables shall not contain any
added preservative substance
5. The immediate containers of preserved
vegetables shall not be packed in a case or
other outside container until a period of
fourteen days has elapsed after the
completion of the canning or bottling
process
10. Dried,
split and
kibbled peas 1. (1) Subject to the next succeeding
sub-paragraph, the peas shall be virtually
free from damage by insects or disease and
reasonably free from greened peas
(2) The condition that the peas shall be
reasonably free from greened peas does not
apply in the case of peas to be exported to
Mauritius
2. The peas shall not be infested by
insects, shall not be mixed with any
foreign matter and, so far as is reasonably
practicable, shall not have skins adhering
to them
3. In the case of split peas, the peas
shall be reasonably free from broken or
kibbled peas
4. The peas shall be packed in new bags
or used bags that are clean and sound The trade
description shall include the words "dried peas ",
"split peas" or "kibbled peas ", as the case may
be
------------------------------------------------------------------------------ -- 2. Fruit juice-continued
(b) Orange juice-
continued
2. Fruit juice-continued
(d) Orange juice and
grapefruit juice
(blended)-
continued
-----------
EXPORTS (GENERAL) REGULATIONS - THIRD SCHEDULE SCH
THIRD SCHEDULE
Form 1 amended by 1960 No. 69; 1979 No. 252
SCH
FORM 1
Regulation 17
COMMONWEALTH OF AUSTRALIA
Customs Act 1901-1952 and Commerce (Trade Descriptions) Act 1905-1950
NOTICE OF INTENTION TO EXPORT
To the Department of Primary Industry,
19 . Port of .
Notice is hereby given that I intend to export the goods specified in the
statement hereunder. The goods have been delivered to the appointed place at
and may be inspected on .
I hereby declare-
* Strike out words in italics if not applicable.
(a) that I am the duly authorized agent of * the owner of the goods;
(b) that the conditions and restrictions applicable in respect of the goods
under the Exports (General) Regulations have been complied with; and
(c) that the goods are marked in the prescribed manner with the prescribed
trade description.
STATEMENT OF GOODS TO BE EXPORTED
------------------------------------------------------------------------------ --
Number and Size
Number (by mass or
Goods (Kind and Brand and of Measure) of
Contents
Grade) Shipping Marks Destination Packages of Packages
------------------------------------------------------------------------------ -- ------------------------------------------------------------------------------ --
Export Ship . Date of Sailing .(Signature of agent or owner)
CERTIFICATE BY INSPECTING OFFICER
I hereby certify-
(a) that the goods specified in the above statement are marked in the
prescribed manner with the prescribed trade description; and
(b) that I am satisfied that the conditions and restrictions applicable in
respect of the goods under the Exports (General) Regulations have been complied
with.
Inspecting Officer.
/ /19 .
--------
FORM 2
Regulation 19
COMMONWEALTH OF AUSTRALIA
Exports (General) Regulations
EXPORT PERMIT
Port of . Date , 19 .To the Officer of Customs,
Wharf.
The undermentioned goods to be shipped per are marked in the prescribed manner with the prescribed trade description and the conditions
and restrictions applicable under the Exports (General) Regulations in respect
of the goods have been complied with.
------------------------------------------------------------------------------ --
Marks Exporter Character of Goods Quantity
------------------------------------------------------------------------------ -- ------------------------------------------------------------------------------ --
(Signature of Officer)
Shipped the above goods.
Officer of Customs
Date , 19 .
--------
FORM 3
Regulation 19
COMMONWEALTH OF AUSTRALIA
Exports (General) Regulations
CERTIFICATE AS TO CONDITION OF *
I hereby certify that of * branded
and shipped per to on , 19 , have been examined and
found to be in the condition specified hereunder.**
Dated at in the State of the day of
, 19 .
(Signature of Officer)
------------------------------------------------------------------------------ --
* Insert name of goods.
** Here set out condition, for example, "free from adulteration ", "sound and clean ", "sound, clean and fresh ", or the grade, if any, of the goods, as the
case requires.
------------------------------------------------------------------------------ --
0
0
0