Statutory
Rules
1978
No. 217
REGULATIONS UNDER THE
CUSTOMS ACT 1901 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905*
I, THE GOVERNOR-GENERAL
of the Commonwealth of Australia, acting with the advice of the Federal
Executive Council, hereby make the following Regulations under the Customs
Act 1901 and the Commerce (Trade Descriptions) Act 1905.
Dated this fourteenth day of November 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
IAN SINCLAIR
Minister of State for Primary
Industry
and for and on behalf of the
Minister of State for Business and Consumer Affairs
AMENDMENTS OF THE EXPORTS (MEAT) REGULATIONS
Interpretation
1. Regulation 5 of the
Exports (Meat) Regulations is amended by omitting the definition of “ dressed
weight ” and substituting the following definition:
“ ‘ dressed ’—
(a) in relation to beef or
veal—means in a chilled state;
(b) in relation to lamb, mutton,
pork or rabbits— means in a frozen state;
(c) in relation to hares—means
when uneviscerated and in a chilled state; ”.
Export of certain beef prohibited
2. Regulation 14 of the
Exports (Meat) Regulations is amended—
(a) by
omitting from sub-regulation (1) “ dressed weight of which is more than two
hundred pounds ” and substituting “ the mass of which when dressed is more than
90 kilograms ”; and
* Notified in the Commonwealth of Australia Gazette on 21
November 1978.
Statutory Rules 1961 No. 93 as amended by Statutory Rules 1963
No. 143; 1965 No. 40; 1966 No. 53; 1967 No. 113; 1969 No. 37; 1971 No. 107;
1972 No. 8; 1976 Nos. 69, 252, 253 and 254; 1977 Nos. 28, 45 and 61; and 1978
Nos. 43 and 63.
(b) by omitting from paragraph (2)
(a) “ dressed weight of which is more than one hundred and ninety pounds but
not more than two hundred pounds ” and substituting “ mass of which when
dressed is more than 86 kilograms but not more than 90 kilograms ”.
Export of certain poultry prohibited
3. Regulation 14b of the Exports (Meat) Regulations is
amended by omitting “ of a kind referred to in the first column of the Tenth
Schedule the weight of which is less than the weight specified in the second
column of that Schedule in relation to poultry of that kind ”.
4. Regulation 17 of the
Exports (Meat) Regulations is repealed and the following regulation
substituted:
Indication of mass by means of cipher
“ 17. For
the purposes of paragraph 16 (1) (e) and sub-paragraph 33 (5) (b) (iv), the net
mass of meat may be shown—
(a) in the case of meat described
in column 2 of Schedule 4 in an item in that Schedule—by the cipher specified
in column 4 of that Schedule in that item opposite to the mass range, specified
in column 3 of that Schedule in that item, within which the mass of the meat is
included;
(b) in the case of a carcass of
first or second quality lamb—
(i)
where the mass of the carcass is less than 9 kilograms, by the letters ‘ DL ’;
or
(ii) where the mass of the carcass
is not less than 9 kilograms and not more than 13 kilograms, by the letter ‘ D
’;
(c) in the case of a carcass of
third quality lamb—
(i)
where the mass of the carcass is less than 9 kilograms, by the letters ‘ LL ’
printed immediately under the word ‘ Lamb ’; or
(ii) where the mass of the carcass
is not less than 9 kilograms and not more than 13 kilograms, by the letter ‘ L
’;
(d) in the case of a carcass of
third quality lamb or hogget— where the mass of the carcass is not less than 13
kilograms, by the letter ‘ O ’; or
(e) in the case of a carcass of
ram mutton—
(i)
where the mass of the carcass is not more than 23 kilograms, by the letter ‘ Y
’; or
(ii) in any other case—by the
letter ‘ Z ’.”.
Inspection of meat
5. Regulation 33 of the
Exports (Meat) Regulations is amended by omitting paragraph (5) (a) and
substituting the following paragraph:
“ (a) shall measure not less than
35 millimetres and not more than 45 millimetres in length and not less than 80
millimetres and not more than 95 millimetres in
width;”.
Failure of refrigerating machinery
6. Regulation 60 of the
Exports (Meat) Regulations is amended by omitting from sub-regulation (1) “ 15
degrees Fahrenheit ” and substituting “ minus 10 degrees Celsius ”.
Further amendments
7. The Exports (Meat)
Regulations are amended as set out in Schedule 1.
Second Schedule
8. The Second Schedule to
the Exports (Meat) Regulations is amended as set out in Schedule 2.
Third Schedule
9. (1) The Third Schedule
to the Exports (Meat) Regulations is amended as set out in Schedule 3.
(2) In
Schedule 3—
(a) a reference by number to a
kind of meat shall be taken as a reference to the kind of meat given that
number in the first column of the Third Schedule;
(b) a reference to conditions and
restrictions shall be taken as a reference to the conditions and restrictions
in the second column of the Third Schedule; and
(c) a reference to provisions
relating to trade descriptions shall be taken as a reference to the provisions
in the third column of the Third Schedule.
(3) In
respect of a kind of meat referred to in column 1 of Part II of Schedule 3—
(a) the conditions and
restrictions applicable to that kind of meat are amended as set out in column 2
opposite that reference; and
(b) the provisions relating to
trade descriptions applicable to that kind of meat are amended as set out in
column 3 opposite that reference.
Fourth Schedule
10. The Fourth Schedule to
the Exports (Meat) Regulations is repealed and the following Schedule
substituted:
SCHEDULE 4 Regulation 17
INDICATION BY CIPHER OF
THE MASS OF MEAT
Column 1 | Column 2
| Column 3
| Column 4 |
Item | Kind
of meat
| Mass
range
| Cipher |
1 | Lamb or hogget— first or second quality..........
| Over 13 kilograms but not over 16.5 kilograms
| 2 |
Over 16.5 kilograms but not over 19.5 kilograms
| 8 |
Over 19.5 kilograms but not over 23 kilograms
| 4 |
Over 23 kilograms ..........................................
| T |
2 | Mutton (other than ram mutton)—first, second or
third quality.........
| Not
over 18.5 kilograms ..................................
| 6 |
Over
18.5 kilograms but not over 22.5 kilograms
| 1 |
Over
22.5 kilograms but not over 26.5 kilograms
| 7 |
Over
26.5 kilograms but not over 30.5 kilograms
| 3 |
Over
30.5 kilograms but not over 36.5 kilograms
| 9 |
Over
36.5 kilograms .......................................
| 5 |
3 | Pork—first quality .......
| Not
over 27.5 kilograms ..................................
| P1 |
Over
27.5 kilograms but not over 36.5 kilograms
| P2 |
Over
36.5 kilograms but not over 45.5 kilograms
| P3 |
Over
45.5 kilograms but not over 54.5 kilograms
| B1 |
Over
54.5 kilograms but not over 63.5 kilograms
| B2 |
Over
63.5 kilograms but not over 75.5 kilograms
| B3 |
Over
75.5 kilograms but not over 81.5 kilograms
| B4 |
Over 81.5 kilograms but not over 90 kilograms
| B5 |
4 | Pork—second quality...
| Not
over 27.5 kilograms ..................................
| P11 |
Over
27.5 kilograms but not over 36.5 kilograms
| P22 |
Over
36.5 kilograms but not over 45.5 kilograms
| P33 |
Over
45.5 kilograms but not over 54.5 kilograms
| B11 |
Over
54.5 kilograms but not over 63.5 kilograms
| B22 |
Over
63.5 kilograms but not over 75.5 kilograms
| B33 |
Over
75.5 kilograms but not over 81.5 kilograms
| B44 |
Over
81.5 kilograms but not over 90 kilograms
| B55 |
Fifth Schedule
11. The Fifth Schedule to
the Exports (Meat) Regulations is amended by omitting from Form 12 “ Weight ”
and “ Tons. Cwts. Qrs. Lb ”
and substituting “ Mass in kilograms ”.
Sixth Schedule
12. The Sixth Schedule to
the Exports (Meat) Regulations is amended as set out in Schedule 4.
Eighth and Tenth Schedules
13. The Eighth and Tenth
Schedules to the Exports (Meat) Regulations are repealed.
SCHEDULE 1 Regulation
7
FURTHER AMENDMENTS OF
THE EXPORTS (MEAT) REGULATIONS
Provision amended | Amendment
|
Paragraph 16 (1) (e) | Omit “ weight ”
(wherever occurring), substitute “ mass ”.
|
Sub-paragraph 33 (5) (b) (iv) | Omit “ weight ”
(wherever occurring), substitute “ mass ”.
|
SCHEDULE 2 Regulation 8
AMENDMENTS OF THE
SECOND SCHEDULE TO THE EXPORTS (MEAT) REGULATIONS
Provision
amended | Amendment
|
Sub-paragraph 9
(4) | Omit “ dressed weight of a carcass of beef is more than 200
pounds ”, substitute “ mass of a carcass of beef when dressed is more than 90
kilograms ”.
|
Sub-paragraph
10 (4) | Omit “ weighs ”, substitute “ has a mass of ”.
|
Sub-paragraph
11 (2) | Omit “ a strip of the stockinette 100 yards long and 18 inches
wide weighs not less than 8 pounds ”, substitute “ its mass per unit area is
not less than 43 grams per square metre ”.
|
Clause 11 (3)
(a) | Omit “ a strip of the hessian 1 yard long and 40 inches wide
weighs not less than 71/2 ounces ”, substitute “ its mass per unit area is
not less than 225 grams per square metre ”.
|
Clause 11 (3) (b) | Omit “ a strip of the hessian 1 yard long and 40 inches wide
weighs not less than 10 ounces ”, substitute “ its mass per unit area is not
less than 300 grams per square metre ”.
|
Sub-paragraph
13 (4) | (a) Omit “ A ”, substitute “ The mass of a ”. (b) Omit “ weigh more than 100 pounds ”, substitute “ be more
than 45 kilograms ”.
|
Sub-paragraph
14 (2) | Omit “ a strip of the stockinette 100 yards long and 18 inches
wide weighs not less than 8 pounds ”, substitute “ its mass per unit area is
not less than 43 grams per square metre ”.
|
Clause 14 (3)
(a) | Omit “ a strip of the hessian 1 yard long and 40 inches wide
weighs not less than 71/2 ounces ”, substitute “ its mass per unit area is
not less than 225 grams per square metre ”.
|
Clause 14 (3)
(b) | Omit “ a strip of the hessian 1 yard long and 40 inches wide
weighs not less than 10 ounces ”, substitute “ its mass per unit area is not
less than 300 grams per square metre ”.
|
Sub-paragraph
16 (3) | Omit “ a strip of the stockinette 100 yards long and 12 inches
wide weighs not less than 9 pounds 8 ounces ”, substitute “ its mass per unit
area is not less than 77 grams per square metre ”.
|
Sub-paragraph
16 (4) | Omit “ a strip of the hessian 1 yard long and 40 inches wide
weighs not less than 10 ounces ”, substitute “ its mass per unit area is not
less than 300 grams per square metre ”.
|
Sub-paragraph
17 (5) | (a) Omit “ A ”, substitute “ The mass of a ”.
|
(b) Omit “ weigh more than 100 pounds ”, substitute “ be more
than 45 kilograms ”.
|
Sub-paragraph
18 (3) | Omit “ a strip of the stockinette 100 yards long and 14 inches
wide weighs not less than 14 pounds ”, substitute “ its mass per unit area is
not less than 97 grams per square metre ”.
|
Sub-paragraph
18 (4) | Omit “ a strip of the hessian 1 yard long and 40 inches wide
weighs not less than 10 ounces ”, substitute “ its mass per unit area is not
less than 300 grams per square metre ”.
|
Clause 20 (5)
(b) | Omit “ 10 degrees Fahrenheit ”, substitute “ minus 12 degrees
Celsius ”.
|
Clause 20 (5)
(c) | Omit “ 15 degrees Fahrenheit ”, substitute “ minus 10 degrees Celsius
”.
|
Sub-paragraph
22 (5) | Omit.
|
Sub-paragraph
23 (5) | Omit “ poultry that are all in the same weight range ”,
substitute “ one kind of poultry with mass variations not exceeding 100
grams, and the mass of—
|
(a) each chicken being not less than 500 grams;
|
(b) each turkey being not less than 1.8 kilograms; and
|
(c) each boiling fowl or duck being not less than 1.1
kilograms.".
|
SCHEDULE 2—continued
Provision amended | Amendment
|
Sub-paragraph
23 (7) | (a) Omit “ A ”, substitute “ The mass of a ”.
|
(b) Omit “ weigh more than 60 pounds ”, substitute “ be more than
30 kilograms ”.
|
Clause 23 (8)
(b) | Omit “ 10 degrees Fahrenheit ”, substitute “ minus 12 degrees
Celsius ”.
|
Clause 23 (8)
(c) | Omit “ 15 degrees Fahrenheit ”, substitute “ minus 10 degrees
Celsius ”.
|
Sub-paragraph
23 (11) | Omit.
|
Sub-clause 25
(b) (iii) | Omit, substitute “ (iii) the gross mass of which when packed does
not exceed 35 kilograms.”.
|
Sub-paragraph
26 (2b) | Omit “ 40 degrees Fahrenheit ”, substitute “ 5 degrees Celsius ”.
|
Sub-paragraph
26 (2c) | Omit “ 50 degrees Fahrenheit ”, substitute “ 10 degrees Celsius ”.
|
Sub-paragraph
26 (6) | (a) Omit “ A ”, substitute “ The mass of a ”.
|
(b) Omit “ weigh more than 100 pounds ”, substitute “ be more
than 45 kilograms ”.
|
Sub-paragraph
26 (8) | Omit “ a strip of the stockinette 100 yards long and 18 inches
wide weighs not less than 8 pounds ”, substitute “ its mass per unit area is
not less than 43 grams per square metre ”.
|
Sub-paragraph
26 (9) | Omit “ a strip of the hessian 1 yard long and 40 inches wide
weighs not less than 10 ounces ”, substitute “ its mass per unit area is not
less than 300 grams per square metre ”.
|
Sub-paragraph
29 (6) | (a) Omit “ A ”, substitute “ The mass of a ”.
|
(b) Omit “ weigh more than 100 pounds ”, substitute “ be more
than 45 kilograms ”.
|
Sub-paragraph
30 (2) | Omit “ a strip of the stockinette 100 yards long and 18 inches
wide weighs not less than 3 pounds ”, substitute “ its mass per unit area is
not less than 43 grams per square metre ”.
|
Clause 30 (3) (a) | Omit “ a strip of the hessian 1 yard long and 40 inches wide
weighs not less than 71/2 ounces ”, substitute “ its mass per unit area is
not less than 225 grams per square metre ”.
|
Clause 30 (3)
(b) | Omit “ a strip of the hessian 1 yard long and 40 inches wide
weighs not less than 10 ounces ”, substitute “ its mass per unit area is not
less than 300 grams per square metre ”.
|
Sub-paragraph
32 (3) | Omit “ a strip of the stockinette 100 yards long and 12 incites
wide weighs not less than 9 pounds 8 ounces ”, substitute “ its mass per unit
area is not less than 77 grams per square metre ”.
|
Sub-paragraph
32 (4) | Omit “ a strip of the hessian 1 yard long and 40 inches wide
weighs not less than 10 ounces ”, substitute “ its mass per unit area is not
less than 300 grams per square metre ”.
|
Clause 33 (4)
(a) | Omit “ weight ”, substitute “ mass ”.
|
Clause 33 (4)
(b) | Omit “ weight range ” (wherever occurring), substitute “ mass
range ”.
|
Paragraph 33a | Omit “ dressed weight of which was not more than 70 pounds ”,
substitute “ mass of which when dressed was not more than 32 kilograms ”.
|
Clause 34 (1)
(a) | Omit “ 1/4 inch ”, substitute “ 6 millimetres
”.
|
Clause 34 (1)
(b) | Omit “ 2 inches square ”, substitute “ 50 millimetres
wide and 50 millimetres high ”.
|
SCHEDULE 3 Regulation 9
AMENDMENTS OF THE THIRD SCHEDULE
TO THE EXPORTS (MEAT) REGULATIONS
PART I
FORMAL AMENDMENTS
1.The following
provisions are amended by omitting “ dressed weight of which ” and substituting
“ mass of which when dressed ”:
Paragraph 1 of the conditions and
restrictions applicable to the kinds of meat numbered 1 to 13 (inclusive) and
15.
2. The following
provisions are amended by omitting “ dressed weight of a carcass ” and
substituting “ mass of a carcass when dressed ”:
Paragraph 1 of the conditions and
restrictions applicable to the kinds of meat numbered 28, 29 and 29a.
3. The following
provisions are amended by omitting “ dressed weight of a rabbit ” and
substituting “ mass of a rabbit when dressed ”;
Paragraph
3 of the conditions and restrictions applicable to the kinds of meat numbered
69, 70, 71 and 72.
Paragraph
2 of the conditions and restrictions applicable to the kinds of meat numbered
73, 74 and 75.
Paragraph 3 of the conditions and
restrictions applicable to the kind of meat numbered 76.
4. The following
provisions are amended by omitting “ dressed weight of a hare ” and
substituting “ mass of a hare when dressed ”:
Paragraph 2 of the conditions and
restrictions applicable to the kinds of meat numbered 77,78 and 79.
5. The following
provisions are amended by omitting “ weight of the weight-range ” and
substituting “ mass in the mass range ”:
The provisions relating to trade
descriptions applicable to the kinds of meat numbered 69, 70, 71, 72, 73, 74,
75, 77, 78 and 79.
6. The following provisions are amended by omitting “ weight ” and substituting “
mass”:
The
provisions relating to trade descriptions applicable to the kinds of meat
numbered 76, 80, 81 and 90.
Paragraph 2 of the provisions
relating to trade descriptions applicable to the kinds of meat numbered 82 to
89 (inclusive).
PART II
FURTHER AMENDMENTS
Column 1 | Column
2
| Column
3
|
Kinds of meat | Amendments
of conditions and restrictions
| Amendments
of provisions relating to trade descriptions
|
1 to
10 (inclusive) | Omit from paragraph 1 “ 201 pounds ”, substitute “ 90.5 kilograms
”.
|
11
and 12 | Omit from sub-paragraph 1(a) “ 201 pounds and not more than 400
pounds ”, substitute “ 90.5 kilograms and not more than 185 kilograms ”.
|
13
and 15 | Omit from sub-paragraph 1(a) “ 400 pounds and not more than 720
pounds ”, substitute “ 185 kilograms and not more than 330 kilograms ”.
|
23 | (a) Omit from sub-paragraph 1(a) “ 1/2 inch ”, substitute “ 12 millimetres
”.
|
(b) Omit from sub-paragraph 1(a) “ 11/4 inches ”, substitute “ 30 millimetres ”.
|
SCHEDULE 3—continued
Column 1 | Column 2
| Column 3
|
Kinds of meat | Amendments of
conditions and restrictions
| Amendments of
provisions relating to trade descriptions
|
(c) Omit from sub-paragraph 1(b) “ 2 inches ”, substitute “ 50 millimetres ”.
|
(d) Omit from sub-paragraph 2(c) “ 1/2 inch ”, substitute “ 12 millimetres
”.
|
52 | (a) Omit from sub-paragraph 1(a) “ 1/2 inch ”, substitute “ 12 millimetres
”.
|
(b) Omit from sub-paragraph 1(a) “ 11/2 inches ”, substitute “ 30 millimetres ”.
|
(c) Omit from sub-paragraph 1(b) “ 2 inches ”, substitute “ 50 millimetres ”.
|
(d) Omit from sub-paragraph 2(c) “ 1 inch ”, substitute “ 12 millimetres ”.
|
69 | Omit from paragraph 3 “ 31/4 pounds ”, substitute “ 1.5 kilograms ”.
|
70 | Omit from paragraph 3 “ 21/2 pounds ”, substitute “ 1.1 kilograms ”.
|
71 | Omit from paragraph 3 “ 21/4 pounds but not less than 2 pounds ”,
substitute “ 1.1 kilograms but not less than 0.9 kilogram ”.
|
72 | (a) Omit from sub-paragraph 3 (a) “ 2 pounds but not less than 11/4 pounds ”, substitute “ 0.9 kilogram
but not less than 0.6 kilogram ”.
|
(b) Omit from sub-paragraph 3 (b) “ 2 pounds but not less than 11/2 pounds ”, substitute “ 0.9 kilogram
but not less than 0.7 kilogram ”.
|
73 | Omit from paragraph 2 “ 21/2 pounds ”, substitute “ 1.1 kilograms ”.
|
74 | Omit from paragraph 2 “ 21/2 pounds but not less than 2 pounds ”,
substitute “ 1.1 kilograms but not less than 0.9 kilogram ”.
|
75 | (a) Omit from sub-paragraph 2 (a) “ 2 pounds but not less than 11/4 pounds ”, substitute “ 0.9 kilogram
but not less than 0.6 kilogram ”.
|
(b) Omit from sub-paragraph 2 (b) “ 2 pounds but not less than 11/2 pounds ”, substitute “ 0.9 kilogram
but not less than 0.7 kilogram ”.
|
76 | Omit from paragraph 3 “ 11/4 pounds ”, substitute “ 0.6 kilogram ”.
|
77 | Omit from paragraph 2 “ 7 pounds ”, substitute “ 3.2 kilograms ”.
|
78
and 79 | Omit from paragraph 2 “ 7 pounds but not less than 6 pounds ”,
substitute “ 3.2 kilograms but not less than 2.7 kilogram s”.
|
82
to 86 (inclusive) | Omit from paragraph 1 “ or the word ‘ undrawn ’, as the case
requires,”.
|
SCHEDULE 3—continued
Column 1 | Column 2
| Column 3
|
Kinds of meat | Amendments of
conditions and restrictions
| Amendments of
provisions relating to trade descriptions
|
87 | (a) Omit from paragraph 1 “ or the word ‘ undrawn ’, as the case
requires,”.
|
(b) Omit from paragraph I “ 11/2 inches ”, substitute “ 35 millimetres ”.
|
88 | Omit from paragraph 1 “ or the word ‘ undrawn ’ as the case
requires,”.
|
89 | (a) Omit from paragraph 1 “ or the word ‘ undrawn ’, as the case
requires,”.
|
(b) Omit from paragraph 1 “ 11/2 inches ”, substitute “ 35 millimetres ”.
|
91 | Omit sub-paragraph 4 (b), substitute the following paragraph:
|
“ (b) the names of those ingredients are printed, where the mass
of the contents of the can is not more than 500 grams, in letters not less
than 1.5 millimetres high and, in the case of larger cans, in letters the
height of which bears the same proportion to 1.5 millimetres as the number of
grams in the mass of the contents of the can bears to 500 ”.
|