STATUTORY RULES.
1930. No. 104.
REGULATIONS UNDER THE. CUSTOMS ACT 1901-1930 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1930.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1930, and the Commerce (Trade Descriptions) Act 1905-1930, to come into operation forthwith.
Dated this twelfth day of September, 1930.
STONEHAVEN
Governor-General.
By His Excellency’s Command,
F. M. FORDE
Acting Minister of State for Markets
and for and on behalf of the Minister of State for Trade and Customs
Amendment of the Commerce (Export Dairy Produce) Regulations.
(Statutory Rules 1926, No. 182, as amended to this date.)
Paragraph (d) of Regulation 12(a) of the Commerce (Export Dairy Produce) Regulations is omitted and the following paragraph inserted in its stead:—
“(d) Hen eggs shall be packed in accordance with such one of the following sizes as is applicable to the description of the eggs:—
(i) Size l.—Not less than 13¼ lb. net weight per each ten dozen eggs, provided that no egg shall weigh less than 1¾ oz.;
(ii) Size 2.—Not less than 14 lb. net weight per each ten dozen eggs, provided that no egg shall weigh less than 1¾ oz., nor more than 2 oz.;
(iii) Size 3.—Not less than 15 lb. net weight per each ten dozen eggs, provided that no egg shall weigh less than 1¾ oz., nor more than 2⅛ oz.;
(iv) Size 4.—Not less than 16 lb. net weight per each ten dozen eggs, provided that no egg shall weigh less than 2 oz., nor more than 2¼ oz.;
(v) Size 5.—Not less than 17 lb. net weight per each ten dozen eggs, provided that no egg shall weigh less than 2⅛ oz., nor more than 2⅜ oz.; and
(vi) Size 6.—Not less than 18 lb. net weight per each ten dozen eggs, provided that no egg shall weigh less than 2¼ oz., nor more than 2½ oz.,
and the eggs in each box shall be fresh, clean, of uniform size and not mis-shapen”.
By Authority: H. J. Green, Government Printer, Canberra.
Overview
Statutory Rules 1930 No. 104 was enacted to amend the Commerce (Export Dairy Produce) Regulations under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1930. This legislative instrument was introduced to address the need for more precise and detailed regulations regarding the export of dairy produce, particularly hen eggs. The enactment of these regulations was a response to the identified gap in the existing standards for the size and quality of exported eggs, aiming to ensure that exports met the specified criteria for size, weight, and quality. The Governor-General, acting on advice from the Federal Executive Council, made these regulations to come into operation immediately, reflecting the importance of maintaining consistent standards in the export market.
Scope and Application
These regulations, made under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1930, establish specific packing standards for hen eggs exported from Australia. They apply to all entities and individuals engaged in the export of hen eggs, ensuring that the eggs meet the prescribed sizes and quality standards before being packed and exported. The regulations have a national reach, as they pertain to the entire Commonwealth of Australia and its export activities. The regulations do not explicitly mention exclusions or exemptions, but they do set out detailed thresholds for egg sizes and weight, ensuring that eggs meet certain quality criteria. The application of these regulations is further extended through subordinate instruments, which may include additional specifications or amendments to the packing standards as necessary.
Key Provisions
The main operative sections of these regulations, as outlined in Statutory Rules 1930, No. 104, pertain to the amendment of the Commerce (Export Dairy Produce) Regulations. Specifically, Regulation 12(a)(d) of these regulations has been amended to include new standards for the packing of hen eggs for export. According to the updated Regulation, eggs must be packed according to specific size categories (sections (i) to (vi)) which dictate the minimum net weight per ten dozen eggs and the permissible weight range for individual eggs. Additionally, the eggs must be fresh, clean, of uniform size, and not misshapen.
These regulations impose clear obligations on parties involved in the export of dairy products, particularly hen eggs. Exporters must ensure that eggs meet the specified size and weight criteria, as well as the freshness, cleanliness, and uniformity standards. Compliance with these requirements is essential to avoid any potential legal issues or penalties that may arise from non-compliance. Moreover, these standards ensure that the eggs meet the expected quality and safety standards for international trade, thereby protecting the reputation of Australian exporters.
Failure to comply with these regulations can result in significant consequences. Under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1930, non-compliance may lead to the seizure of non-conforming goods, fines, and other legal actions. The specific penalties are not detailed in the statutory rules, but generally, breaches of these acts can lead to substantial financial penalties and legal ramifications for the offending parties. This underscores the importance of adhering strictly to the outlined regulations to avoid any adverse legal consequences.