EXPORTS (HONEY) REGULATIONS
- Reprinted as at 30 June 1981 (HISTREG CHAP 164 #DATE 30:06:1981)
*1* The Exports (Honey) Regulations (in force under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905) as shown in this reprint comprise Statutory Rules 1964 No. 154 as amended by the other Statutory Rules specified in the following table: ---------------------------------------------------------------------------- Date of Application, saving Year and notification Date of or transitional number in Gazette commencement provisions ---------------------------------------------------------------------------- 1964 No. 154 21 Dec 1964 21 Dec 1964 1966 No. 52 11 Feb 1966 14 Feb 1966 - 1969 No. 36 13 Mar 1969 13 Mar 1969 - 1971 No. 40 1 Apr 1971 1 Apr 1971 - 106 20 Aug 1971 20 Aug 1971 - 1972 No. 10 1 Feb 1972 1 Feb 1972 - 1976 No. 151 26 July 1976 26 July 1976 - 1977 No. 252 21 Dec 1977 21 Dec 1977 - 1978 No. 44 22 Mar 1978 22 Mar 1978 - 1980 No. 123 30 May 1980 30 May 1980 - 1981 No. 103 13 May 1981 13 May 1981 - 157 23 June 1981 23 June 1981 - ---------------------------------------------------------------------------- EXPORTS (HONEY) REGULATIONS - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Regulation
1. Citation
2. (Repealed)
3. Saving
4. Interpretation
5. Application
6. Delegation
7. Exemption
PART II-GENERAL PROVISIONS WITH RESPECT TO THE EXPORTATION
OF HONEY
8. Exportation of honey prohibited except subject to conditions
9. Labels to be approved by Secretary
PART III-TRADE DESCRIPTIONS
10. Exportation of honey prohibited unless trade description applied
11. Trade description
PART IV-EXPORT ESTABLISHMENTS AND APPOINTED PLACES
12. Application for registration
13. Registration of export establishments
14. Registration of appointed places
15. Duration of registration
16. Cancellation of registration of export establishment
17. Cancellation of registration of appointed place
18. Return of certificate of registration
PART V-EXAMINATION OF HONEY
19. Honey deemed to be prescribed goods
20. Officers may enter establishments, take samples, &c.
21. Honey to be sent to appointed places
22. Examination at places other than appointed places
23. Notice of intention to export
24. Export permits and certificates
25. Re-examination of honey and cancellation of permit
PART VI-REGISTRATION OF BRANDS
26. Register of Brands
27. Application for registration of brand
28. Registration as a trade mark necessary
29. Registration number
30. Assignments, transmissions, &c., of trade marks to be notified
31. Cancellation of brand where no longer registered as a trade mark
PART VII-MISCELLANEOUS
32. Analysts
33. Certificates by analysts
34. Fees for officers' services
35. False declarations
36. Interference with official markings
FIRST SCHEDULE
PART I
Conditions and Restrictions to be Complied With in Respect of Honey Intended
for Export
PART II
Requirements in Relation to Trade Description to be Complied With in Respect
of
Honey Intended for Export
SECOND SCHEDULE
Conditions of Registration of Premises as Export Establishment
THIRD SCHEDULE
Forms
EXPORTS (HONEY) REGULATIONS - SECT. 1.
Citation
PART I-PRELIMINARY
1. These Regulations may be cited as the Exports (Honey) Regulations.*1*
Regulation 2 repealed by 1978 No. 44 r. 1
* * * * * * * *
See notes to first article of this CHAPTER.
EXPORTS (HONEY) REGULATIONS - SECT. 3.
Saving
3. (1) Subject to the next succeeding sub-regulation, every certificate and
permit issued, approval and notice given, appointment and declaration made and
brand registered under the Exports (General) Regulations in relation to honey
and in force or subsisting immediately before the commencement of these
Regulations shall be deemed to have been issued, given, made or registered, as
the case may be, under these Regulations.
(2) Where, immediately before the commencement of these Regulations, any
premises were, by virtue of an appointment under regulation 14 of the Exports
(General) Regulations, an appointed place within the meaning of those
Regulations for the inspection and examination of honey intended for export,
those premises shall, for a period of three months after the commencement of
these Regulations, be deemed to be an appointed place within the meaning of
these Regulations as if they had been registered as an appointed place under
these Regulations.
EXPORTS (HONEY) REGULATIONS - SECT. 4.
Interpretation
Sub-reg. (1) amended by 1978 No. 44 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 32 (1);
''appointed place'' means premises registered under regulation 14 of these
Regulations as an appointed place;
''export establishment'' means premises registered under regulation 13 of
these Regulations as an export establishment;
''honey'' means the nectar and saccharine exudations of plants that have
been gathered, modified, stored and ripened by the honey bee;
''officer'' has the same meaning as in section 3 of the Commerce (Trade
Descriptions) Act 1905-1950;
''registered brand'' means a brand registered under these Regulations;
''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 to the Department of Primary Industry.
Amended by 1971 No. 40; 1981 No. 103
(2) In these Regulations, a reference to the colour classification of honey
shall be read as a reference to whichever of the colours specified in the
second column of the following table is appropriate to the honey having regard
to the measurement in millimetres recorded in relation to the honey by an
instrument known as a Pfund Colour Grader:
------------------------------------------------------------------------------
--
Measurements in millimetres recorded in relation to honey Colour
------------------------------------------------------------------------------
-- Not exceeding 34 . . . . . . . . . . . . . . . . . . . . White Exceeding
34 but not exceeding 48 . . . . . . . . . . . Extra Light Amber Exceeding
48 but not exceeding 65 . . . . . . . . . . . Light Amber Exceeding 65 but
not exceeding 83 . . . . . . . . . . . Pale Amber Exceeding 83 but not
exceeding 100 . . . . . . . . . . . Medium Amber Exceeding 100 but not
exceeding 114 . . . . . . . . . . Amber Exceeding 114 . . . . . . . . . .
. . . . . . . . . . . Dark Amber
------------------------------------------------------------------------------
--
(3) 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 contained in the Third Schedule.
(4) Strict compliance with the Forms contained in the Third Schedule is not
necessary and substantial compliance is sufficient.
EXPORTS (HONEY) REGULATIONS - SECT. 5.
Application
5. These Regulations do not apply to or in relation to-
(a) honey that is taken on board a ship or aircraft in Australia for the
use of the passengers and crew, and for the service, of the ship or aircraft
on a voyage or flight, as the case may be; or
(b) honey that, in the opinion of an officer, is not the produce of
Australia.
EXPORTS (HONEY) REGULATIONS - SECT. 6.
Delegation
6. (1) The Secretary may, either generally or otherwise as provided in the
instrument of delegation, by writing under his hand, delegate all or any of
his powers and functions under these Regulations, except this power of
delegation.
(2) A power or function so delegated may be exercised or performed by the
delegate in accordance with the instrument of delegation.
(3) A delegation under this regulation is revocable at will and does not
prevent the exercise of a power or the performance of a function by the
Secretary.
EXPORTS (HONEY) REGULATIONS - SECT. 7.
Exemption
7. Where the Secretary is satisfied that any honey is to be exported for
experimental purposes, or is to be exported for such other purposes, or in
such circumstances, that it is desirable that all or any of these Regulations
should not apply to or in relation to the exportation of that honey, the
Secretary may, either generally or otherwise as provided in the instrument of
exemption, by writing under his hand, exempt the exportation of that honey
from the application of all or any of these Regulations.
EXPORTS (HONEY) REGULATIONS - SECT. 8.
Exportation of honey prohibited except subject to conditions
PART II-GENERAL PROVISIONS WITH RESPECT TO THE EXPORTATION OF HONEY
8. (1) The exportation of honey is prohibited unless-
(a) the honey has been processed, packed and stored in an export
establishment;
(b) the honey complies with such of the conditions and restrictions
specified in Part I of the First Schedule as are applicable in respect of the
honey;
(c) the honey is considered by an officer to be fit for export; and
(d) the exporter holds a valid export permit issued under these Regulations
in respect of the honey.
(2) The last preceding sub-regulation does not prohibit the exportation of
honey by reason only that the honey does not comply with a condition or
restriction specified in paragraph 1 or 2 of Part I of the First Schedule if
the honey is to be exported for manufacturing purposes only and the Secretary
approves the exportation of the honey.
(3) Where honey does not comply with a condition or restriction specified in
paragraph 1 or 2 of Part I of the First Schedule but, by virtue of the
operation of the last preceding sub-regulation, sub-regulation (1) of this
regulation does not prohibit the exportation of the honey, the condition or
restriction shall, for the purposes of regulations 23, 24 and 25 of these
Regulations, be deemed not to be applicable in respect of the honey.
EXPORTS (HONEY) REGULATIONS - SECT. 9.
Labels to be approved by Secretary
9. The exportation of honey in a container to which a label is affixed is
prohibited unless the design, nature and size of the label have been approved
by the Secretary.
EXPORTS (HONEY) REGULATIONS - SECT. 10.
Exportation of honey prohibited unless trade description applied
PART III-TRADE DESCRIPTIONS
10. The exportation of honey is prohibited unless there is applied to the
honey a trade description in accordance with these Regulations.
EXPORTS (HONEY) REGULATIONS - SECT. 11.
Trade description
11. (1) Subject to the succeeding provisions of this regulation, the trade
description of honey intended for export shall-
(a) be placed on the containers of the honey in a prominent position and in
a conspicuous and reasonably permanent manner;
(b) contain in prominent and legible characters a true description of the
honey together with the word ''Australia'';
(c) be in the English language, unless the Secretary permits the whole or
portion of the trade description, other than the word ''Australia'', to be in
a language other than English;
(d) contain the name or registered brand, or the name and registered brand,
of the processor, packer or exporter of the honey;
(e) contain the registered number of the export establishment in which the
honey was processed or packed;
(f) be appropriate to the condition of the honey as at the time of
shipment; and
(g) comply with such of the requirements specified in Part II of the First
Schedule as are applicable to the honey.
(2) The Secretary may, subject to such conditions, if any, as he thinks fit,
permit the trade description to contain the name or brand, or the name and
brand, of the consignee, instead of the particulars referred to in paragraph
(d) of the last preceding sub-regulation.
(3) Where the processor or packer of the honey is not the exporter of the
honey, the trade description shall include the name or registered brand, or
the name and registered brand, of the processor or packer, unless the notice
and declaration in respect of the honey given by the exporter in pursuance of
regulation 23 of these Regulations contains the name and address of the
processor or packer.
EXPORTS (HONEY) REGULATIONS - SECT. 12.
Application for registration
PART IV-EXPORT ESTABLISHMENTS AND APPOINTED PLACES
12. (1) A person who is the owner or occupier of premises used, or proposed
to be used, for the processing, packing or storage of honey intended for
export may apply to the Secretary for the registration of the premises as an
export establishment.
(2) A person who is the owner or occupier of premises used, or proposed to
be used, for the purpose of the examination of honey intended for export may
apply to the Secretary for the registration of the premises as an appointed
place.
(3) An application under either of the last two preceding sub-regulations
shall be in accordance with Form 1.
(4) An application under sub-regulation (1) or sub-regulation (2) of this
regulation shall be accompanied by plans and specifications of the premises
and a description of the equipment that is, or will be, available for use at
the premises for the purpose for which the premises are, or are proposed to
be, used.
EXPORTS (HONEY) REGULATIONS - SECT. 13.
Registration of export establishments
13. (1) Upon receipt of an application for the registration of premises as
an export establishment, the Secretary may, if he is satisfied-
(a) that the premises comply with such of the conditions specified in the
Second Schedule as are applicable to the premises; and
(b) that the premises are constructed, equipped and operated in an
efficient and hygienic manner,
by writing under his hand, subject to such conditions and restrictions, if
any, as he considers fit, register the premises as an export establishment.
(2) Where the Secretary registers premises as an export establishment, he
shall give to the applicant a certificate of registration in respect of the
premises, in accordance with Form 2, specifying any conditions or restrictions
to which the registration is subject.
(3) The Secretary may, subject to such conditions and restrictions, if any,
as he thinks fit, register as an export establishment premises that do not
comply with the conditions specified in the Second Schedule that are
applicable to the premises if the premises were used immediately before the
commencement of these Regulations for the processing, packing and storage of
honey for export.
(4) The Secretary shall allot a separate number to each export establishment
registered under this regulation.
EXPORTS (HONEY) REGULATIONS - SECT. 14.
Registration of appointed places
14. (1) Upon receipt of an application for the registration of premises as
an appointed place, the Secretary may, if he is satisfied that the premises
are constructed, equipped and operated in an efficient and hygienic manner, by
writing under his hand, subject to such conditions and restrictions, if any,
as he thinks fit, register the premises as an appointed place.
(2) Where the Secretary registers premises as an appointed place, he shall
give to the applicant a certificate of registration in respect of the
premises, in accordance with Form 2, specifying any conditions or restrictions
to which the registration is subject.
EXPORTS (HONEY) REGULATIONS - SECT. 15.
Duration of registration
15. The registration of an export establishment or an appointed place
remains in force until it is cancelled by the Secretary.
EXPORTS (HONEY) REGULATIONS - SECT. 16.
Cancellation of registration of export establishment
16. Where the Secretary is satisfied that-
(a) a breach has been committed of any condition or restriction to which
the registration of an export establishment is subject;
(b) an export establishment does not comply with a condition specified in
the Second Schedule that is applicable to the establishment;
(c) an export establishment is not constructed, equipped or operated in an
efficient or hygienic manner;
(d) an export establishment is not being used for the processing, packing
or storage of honey intended for export; or
(e) the person who applied for registration of premises as an export
establishment-
(i) has ceased to be the owner or occupier of those premises; or
(ii) has committed an offence against these Regulations,
the Secretary may cancel the registration of the export establishment.
EXPORTS (HONEY) REGULATIONS - SECT. 17.
Cancellation of registration of appointed place
17. Where the Secretary is satisfied that-
(a) a breach has been committed of any condition or restriction to which
the registration of an appointed place is subject;
(b) an appointed place is not constructed, equipped or operated in an
efficient or hygienic manner;
(c) an appointed place is not being used for the examination of honey
intended for export; or
(d) the person who applied for registration of premises as an appointed
place-
(i) has ceased to be the owner or occupier of those premises; or
(ii) has committed an offence against these Regulations,
the Secretary may cancel the registration of the appointed place.
EXPORTS (HONEY) REGULATIONS - SECT. 18.
Return of certificate of registration
Amended by 1969 No. 36 r. 2
18. Where the registration of an export establishment or an appointed place
has been cancelled, the person to whom the certificate of registration was
given in respect of that establishment or place shall forthwith deliver the
certificate to the Secretary.
Penalty: One hundred dollars.
EXPORTS (HONEY) REGULATIONS - SECT. 19.
Honey deemed to be prescribed goods
PART V-EXAMINATION OF HONEY
19. For the purposes of section 5 of the Commerce (Trade Descriptions) Act
1905-1950, honey is prescribed goods.
EXPORTS (HONEY) REGULATIONS - SECT. 20.
Officers may enter establishments, take samples, &c.
20. An officer may at all reasonable times enter any export establishment or
appointed place and examine, and take samples of, any honey that is in the
establishment or place and, in the case of an export establishment, may
examine any operations or activities carried on in the establishment in
connexion with the processing or packing of honey.
EXPORTS (HONEY) REGULATIONS - SECT. 21.
Honey to be sent to appointed places
21. A person who intends to export honey shall deliver the honey at an
appointed place for examination at least three clear working days before the
proposed date of shipment of the honey.
EXPORTS (HONEY) REGULATIONS - SECT. 22.
Examination at places other than appointed places
22. The Secretary may permit the examination of honey to be made at a place
other than an appointed place if he considers that exceptional circumstances
warrant that permission.
EXPORTS (HONEY) REGULATIONS - SECT. 23.
Notice of intention to export
23. A person who intends to export honey shall furnish in writing to an
officer, at least three clear working days before the proposed date of
shipment of the honey, a notice and declaration in accordance with Form 3.
EXPORTS (HONEY) REGULATIONS - SECT. 24.
Export permits and certificates
24. (1) Where an officer who has examined honey intended for export is
satisfied that- (a) the containers of the honey are marked in the
prescribed manner with the prescribed trade description; and
(b) the conditions and restrictions applicable under these Regulations in
respect of the honey have been complied with,
the officer shall-
(c) certify to that effect on the notice and declaration furnished in
respect of the honey in pursuance of the last preceding regulation; and
(d) cause an export permit in accordance with Form 4 to be given to the
person who furnished the notice and declaration.
(2) When honey is brought to a wharf or airport for shipment, the exporter
shall deliver the export permit to the officer of Customs on duty at the ship
or aircraft by which the honey is to be exported.
(3) Where an officer is satisfied that any honey has been shipped, he shall,
if the exporter so requests, give to the exporter a certificate in accordance
with Form 5 in respect of the honey.
EXPORTS (HONEY) REGULATIONS - SECT. 25.
Re-examination of honey and cancellation of permit
25. (1) If an officer has reasonable cause to think that, since the
examination of any honey intended for export, the condition or quality of the
honey has changed, he may re-examine the honey.
(2) If, having regard to the condition or quality of the honey as disclosed
by the re-examination, he is satisfied that-
(a) the containers of the honey are not marked in the prescribed manner
with the prescribed trade description; or
(b) any condition or restriction applicable under these Regulations in
respect of the honey has not been complied with,
he may cancel the export permit given in respect of the honey.
Amended by 1969 No. 36 r. 2
(3) Where an export permit is cancelled under the last preceding
sub-regulation, the exporter shall, if so required by an officer, forthwith
surrender the permit to the officer.
Penalty: One hundred dollars.
EXPORTS (HONEY) REGULATIONS - SECT. 26.
Register of Brands
PART VI-REGISTRATION OF BRANDS
26. (1) For the purposes of these Regulations, the Secretary shall keep a
register to be known as the Register of Brands.
(2) The entries in the Register of Brands kept under the Exports (General)
Regulations in respect of honey and the entries in any register incorporated
with or forming part of that Register of Brands in respect of honey are
incorporated with and form part of the register kept for the purposes of these
Regulations.
EXPORTS (HONEY) REGULATIONS - SECT. 27.
Application for registration of brand
27. (1) Subject to the next succeeding regulation, a person may apply to the
Secretary for registration of a brand as a brand that may be included in the
trade description of honey intended for export.
(2) An application for registration of a brand shall be accompanied by seven
copies of the brand.
(3) Upon receipt of an application for registration of a brand, the
Secretary may, subject to the next succeeding regulation, register the brand
by entering the details of the brand, and the name of the applicant as a user
of the brand, in the Register of Brands.
EXPORTS (HONEY) REGULATIONS - SECT. 28.
Registration as a trade mark necessary
28. 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 the applicant is the
registered proprietor or a registered user of the trade mark.
EXPORTS (HONEY) REGULATIONS - SECT. 29.
Registration number
29. The Secretary shall allot a number in respect of each registered brand
and that number may be applied to honey in conjunction with the brand.
EXPORTS (HONEY) REGULATIONS - SECT. 30.
Assignments, transmissions, &c., of trade marks to be notified
Sub-reg. (1) amended by 1969 No. 36 r. 2
30. (1) Where-
(a) a trade mark that is registered as a brand under these Regulations is
assigned or transmitted to a person; or
(b) a person becomes a registered user of a trade mark that is registered
as a brand under these Regulations,
the person shall forthwith give notice in writing to the Secretary of the
assignment or transmission or of his becoming such a registered user, as the
case may be.
Penalty: Fifty dollars.
Amended by 1969 No. 36 r. 2
(2) Where a person ceases to be a registered user of a trade mark that is
registered as a brand under these Regulations, he shall forthwith give notice
in writing to the Secretary of his ceasing to be such a registered user.
Penalty: Fifty dollars.
(3) Upon receipt of a notice given by a person under sub-regulation (1) of
this regulation in respect of a trade mark that is registered as a brand under
these Regulations, the Secretary shall enter in the Register of Brands the
name and address of the person as a user of the brand to which the notice
relates.
(4) Where the Secretary is satisfied that a person has ceased to be the
registered proprietor or a registered user of a trade mark that is registered
as a brand under these Regulations, the Secretary shall remove the name of
that person from the Register of Brands as a user of the brand.
EXPORTS (HONEY) REGULATIONS - SECT. 31.
Cancellation of brand where no longer registered as a trade mark
31. Where a trade mark that is registered as a brand under these Regulations
ceases to be registered as a trade mark, the Secretary shall cancel the
registration of the brand.
EXPORTS (HONEY) REGULATIONS - SECT. 32.
Analysts
PART VII-MISCELLANEOUS
Substituted by 1978 No. 44 r. 3
32. (1) The Minister may appoint to be analysts, for the purposes of these
Regulations, persons who he is satisfied have the necessary qualifications.
(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).
(3) An analyst may analyse samples of honey that are taken by an officer
under the Commerce (Trade Descriptions) Act 1905.
EXPORTS (HONEY) REGULATIONS - SECT. 33.
Certificates by analysts
33. (1) In any proceedings under the Customs Act 1901-1963, the Commerce
(Trade Descriptions) Act 1905-1950 or these Regulations in relation to honey-
(a) a certificate in writing, signed by an analyst, stating that he has
examined or made an analysis of a sample of that honey and stating the result
of the examination or analysis is 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. 36 r. 2
(2) Where a certificate has been given by an analyst stating the result of
an examination or analysis of a sample of honey, the Secretary may furnish a
copy of the certificate to the processor or exporter of the honey if the
processor or exporter so requests and pays-
(a) in the case of an examination or analysis made at the request of the
processor or exporter-a fee of One dollar fifty cents; or
(b) in any other case-a fee of Thirty cents.
EXPORTS (HONEY) REGULATIONS - SECT. 34.
Fees for officers' services
Substituted by 1966 No. 52 r. 2 Sub-reg. (1) substituted by 1972 No. 10;
amended by 1977 No. 252; 1980 No. 123
34. (1) Subject to sub-regulation (3) of this regulation, 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 and either before the hour of seven o'clock in the
morning of that day or after the hour of ten 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 and after the hour of
five o'clock in the afternoon but before the hour of ten 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 seven
o'clock in the morning but before the hour of five 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.
(2) The time in respect of which the fee is charged shall include the time
reasonably occupied by the officer in proceeding to and returning from the
place where his attendance is required.
(3) When 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 1972 No. 10
(4) 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 1922-1964 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
1901-1963;
''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 in
relation to those services.
EXPORTS (HONEY) REGULATIONS - SECT. 35.
False declarations
Sub-reg. (1) amended by 1969 No. 36 r. 2
35. (1) A person shall not make a false or misleading statement in a
declaration furnished in pursuance of these Regulations.
Penalty: One hundred dollars.
(2) In any proceedings for an offence against the last preceding
sub-regulation-
(a) a certificate in writing, signed by the Secretary, stating that the
declaration was furnished in pursuance of these Regulations and was made by
the person by whom it purports to have been made, is 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.
EXPORTS (HONEY) REGULATIONS - SECT. 36.
Interference with official markings
Amended by 1969 No. 36 r. 2
36. A person shall not, except with the authority of an officer, remove,
alter or interfere with a trade description, official stamp or mark marked on
or applied to a container of honey that is intended for export and has been
examined by an officer.
Penalty: One hundred dollars.
EXPORTS (HONEY) REGULATIONS - SCHEDULE 1
First Schedule amended by 1976 No. 151 r. 1; 1981 No. 157
SCH
THE SCHEDULES
SCHEDULE 1
Regulations 8 and
11
PART I
CONDITIONS AND RESTRICTIONS TO BE COMPLIED WITH IN RESPECT OF HONEY
INTENDED FOR EXPORT
1. The honey-
(a) shall contain not more than 18.5 parts per centum of water and not
less
than 60 parts per centum of reducing sugars;
(b) shall yield not more than 0.5 parts per centum of ash;
(c) shall not contain any added pollen, added sugar or glucose, artificial
sweetening substance, added colouring matter or other foreign substance;
(d) shall be, in the opinion of an officer, substantially free from
extraneous matter including particles of comb and other suspended material;
(e) shall be free from absorbed taints and objectionable flavours and
odours
from floral sources; and
(f) shall be uniform in flavour, density and colour.
2. The honey, other than creamed honey, shall be of such a colour that, if
an
instrument known as a Pfund Colour Grader is applied in relation to the
honey,
the instrument will record a measurement of not more than one hundred and
fourteen millimetres.
3. The honey shall be packed in an immediate container, being-
(a) a container made of tinplate, glass or other material approved by the
Secretary;
(b) a steel drum that has been painted externally, is of a capacity not
exceeding 205 litres and has been treated internally in a manner approved by
an
officer; or
(c) a bulk container approved by the Secretary.
4. The immediate container in which the honey is packed-
(a) shall be strongly and efficiently constructed;
(b) shall be, in the opinion of an officer, in such a condition as to
ensure
that the honey will arrive at its destination in good order; and
(c) shall be clean.
5. Where the immediate container in which honey is packed is made of
tinplate-
* * * * * * * *
SCH
(b) the container shall, if an officer so directs, be lacquered
externally;
(c) the container shall not be soldered internally; and
(d) the tinplate shall be of a quality approved by the Secretary.
6. The immediate container in which the honey is packed shall, except in
the
case of a steel drum or a bulk container, be enclosed in a clean, new outside
container, being-
(a) a case that-
(i) is constructed of well-seasoned wood that has been smoothly sawn
or
dressed in a manner approved by an officer;
(ii) is strapped with metal strapping or wire; and
(iii) is, in the opinion of an officer, sufficiently strong to
withstand
the handling ordinarily incidental to transport to a destination outside
Australia; or
(b) a fibre board container conforming to Australian Standard
Specification
No. N.43-1961 prepared by the Standards Association of Australia.
7. The outside container in which the immediate container is enclosed shall
not contain more than 32 kilogrammes net weight of honey.
PART II
REQUIREMENTS IN RELATION TO TRADE DESCRIPTION TO BE COMPLIED WITH IN
RESPECT OF HONEY INTENDED FOR EXPORT
1. The trade description applied to an immediate container of honey shall
specify the net weight of the honey.
2. The trade description shall include a statement as to the colour
classification of the honey except in the case of-
(a) honey in containers of clear glass or other clear material approved by
the Secretary;
(b) honey approved by the Secretary for exportation for manufacturing
purposes only; and
(c) creamed honey.
3. The trade description, in respect of honey approved by the Secretary for
exportation for manufacturing purposes only, shall include the words ''FOR
MANUFACTURING PURPOSES ONLY'' in letters not less than 5 centimetres high.
4. The position, size, colour and nature of any markings on the containers
of
the honey, being markings that are in addition to the trade description or to
any other markings applied in accordance with any other provision of these
Regulations, shall be such as are approved by the Secretary.
-----------
EXPORTS (HONEY) REGULATIONS - SCHEDULE 2
Amended by 1976 No. 151 r. 2
SCH
SCHEDULE 2
Regulation
13
CONDITIONS OF REGISTRATION OF PREMISES AS EXPORT ESTABLISHMENT
1. The premises shall be so situated that any honey on the premises will
not
be contaminated from a source outside the premises.
2. Each building shall be so constructed as to be capable of being easily
cleaned.
3. The floor of a processing area of each room shall be constructed of
material that is impervious to liquid and readily washable, and each
processing
area shall be properly drained.
4. The walls of a room in which honey is processed for export shall be
constructed, to a height of 1.8 metres, of a material that is impervious to
liquid and readily washable.
5. If so required by the Secretary, the roof of a room in a building on the
premises shall be lined on the lower surface of the rafters or purlins with a
material approved by the Secretary.
6. Rooms for processing honey for export shall be adequately lighted and
ventilated.
7. A sufficient supply of hot and cold potable water shall be available at
the premises for carrying on, in a hygienic manner, the operations to be
carried on
at the premises.
8. Equipment that is, in the opinion of the Secretary, suitable and
adequate
for the operations to be carried on at the premises shall be provided,
including a heating device, filtration or straining facilities, settling tanks
and
weighing and pouring equipment.
9. A room shall be provided for the storage of containers.
10. Sanitary conveniences and hand washing facilities that are, in the
opinion of the Secretary, adequate for the number of persons likely to be
employed at
the premises shall be provided.
11. If the Secretary so requires, adequate rooms shall be provided, in a
part
of the premises other than the part where honey is processed, packed or
stored,
for persons employed at the premises to use for the purpose of dressing and
undressing, storing their clothes and eating.
-----------
EXPORTS (HONEY) REGULATIONS - SCHEDULE 3
SCH
SCHEDULE 3
FORM 1
Regulation
12
COMMONWEALTH OF AUSTRALIA
Exports (Honey) Regulations
APPLICATION FOR REGISTRATION OF
EXPORT ESTABLISHMENT*
PREMISES AS APPOINTED PLACE*
To the Secretary,
Department of Primary Industry,
Canberra.
* Strike out whichever is inapplicable.
**Here insert
full name of applicant.
+ Here insert address.
++Here insert name or description of premises.
I* (or We)**
of+
hereby apply in pursuance of the Exports (Honey) Regulations for the
registration of the++ situated at
*State
in the *Territory of
*Export Establishment for the processing, preparation
or storage
as an *Appointed Place for the examination of honey
intended for export, and I* (or We) declare-
I am *occupier(s)
(a) that We are the *owner(s) of the abovementioned premises; and
(b) that the abovementioned premises are constructed, equipped and
operated
in an efficient and hygienic manner.
Dated this day of , 19
. (Signature(s) of applicant(s).)
--------
FORM 2
Regulations 13 and
14
COMMONWEALTH OF AUSTRALIA
Exports (Honey) Regulations
CERTIFICATE OF REGISTRATION OF EXPORT ESTABLISHMENT OR APPOINTED
PLACE
I hereby certify that, in pursuance of the Exports (Honey) Regulations, the
premises
*State
situated at in the *Territory of
* Strike out whichever is inapplicable.
*owned
and *occupied by have been registered as
an *Export Establishment for the processing, preparation or storage
of honey
intended *Appointed Place for the examination
for export.
Dated this day of , 19
.
Secretary to the Department of Primary
Industry.
--------
FORM 3
Regulation
23
COMMONWEALTH OF AUSTRALIA
Exports (Honey) Regulations
NOTICE OF INTENTION TO EXPORT HONEY
To the Department of Primary Industry,
at (Port or Airport) , 19 .
Notice is hereby given that I intend to export the honey specified in the
statement below. The honey has been delivered to the appointed place at
and may be inspected on .
*Strike out words in italics if not applicable.
I hereby declare-
(a) that I am *the duly authorized agent of the owner of the honey
specified
in the statement below;
(b) that the conditions and restrictions applicable in respect of the
honey
under the Exports (Honey) Regulations have been complied with; and
(c) that the honey is marked in the prescribed manner with the prescribed
trade description.
STATEMENT OF HONEY TO BE EXPORTED
------------------------------------------------------------------------------
--
Colour Brand and Number Number and Size (by
weight
or Classification Shipping Marks Destination of Packages measure) of Contents
of
Packages
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
--
SHIP OR AIRLINE:
DATE OF EXPECTED DEPARTURE OF SHIP OR AIRCRAFT:
(Signature of Agent or
Owner).
--------
FORM 4
Regulation
24
COMMONWEALTH OF AUSTRALIA
Exports (Honey) Regulations
EXPORT PERMIT
PORT or AIRPORT:
DATE , 19
.
To the Officer of Customs,
(Wharf or Airport.)
The honey referred to in the following table to be shipped per
is marked in the prescribed manner with the prescribed trade description and
the conditions and restrictions applicable in respect of the honey under the
Exports (Honey) Regulations have been complied with.
------------------------------------------------------------------------------
--
Marks Exporter Nature of Goods Quantity Destination
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
--
Officer of the Department of Primary
Industry.
--------
FORM 5
Regulation
24
COMMONWEALTH OF AUSTRALIA
Exports (Honey) Regulations
CERTIFICATE IN RESPECT OF HONEY
I hereby certify that the honey referred to in the following table and
shipped per
to
on has been examined and found
to
*Here insert condition of honey.
be * and the
conditions and restrictions applicable under the Exports (Honey) Regulations
in respect of
the honey have been complied with.
------------------------------------------------------------------------------
--
Description of Honey and Brand Number of Cases Port Marks Size or
Weight
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
--
Dated at in (State or
Territory)
this day of ,
19 .
Officer of the Department of Primary
Industry.
------------------------------------------------------------------------------
--
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