Commerce (Export Dairy Produce) Regulations (Amendment)

Overview

The Statutory Rules 1935 No. 65, made under the Customs Act 1901-1935 and the Commerce (Trade Descriptions) Act 1905-1933, addresses amendments to the existing Commerce (Export Dairy Produce) Regulations. Enacted by the Governor-General, Isaac Isaacs, with the advice of the Federal Executive Council, these regulations seek to refine the standards and requirements for the preparation, inspection, and packing of eggs intended for export. The primary objective is to ensure that export quality meets the necessary standards for international trade, thereby protecting consumer interests and maintaining Australia's reputation in the global market. This legislative instrument provides specific adjustments to the weight standards and structural requirements for egg cases, aiming to streamline compliance and enhance the quality of exported dairy products.

Scope and Application

The Statutory Rules 1935, No. 65, under the Customs Act 1901-1935 and the Commerce (Trade Descriptions) Act 1905-1933, are directed towards the regulation of the export of dairy produce, specifically targeting the preparation, inspection, and packing of eggs in shell. These regulations apply to entities and individuals engaged in the export of eggs, ensuring compliance with specified standards to maintain the quality and safety of exported goods. The scope of these regulations extends to the Commonwealth of Australia and applies to any person or entity exporting eggs in shell, including those involved in the dairy industry. The geographic reach is national, ensuring uniform standards across all states and territories. While the regulations primarily concern the physical attributes and packaging of eggs, they do not explicitly state exclusions or exemptions. The regulations may be further refined or extended through subordinate instruments, which may provide additional specifications or adjustments to the standards outlined.

Key Provisions

The Statutory Rules of 1935, No. 65, consist of regulations under the Customs Act 1901-1935 and the Commerce (Trade Descriptions) Act 1905-1933. These regulations primarily focus on amendments to the Commerce (Export Dairy Produce) Regulations, particularly concerning the preparation, inspection, and packing of eggs in shell. Regulation 13 has been amended to change the figures from "1¾" to "1⅞" in sub-paragraph (iii) of paragraph (e), and sub-paragraph (iv) of paragraph (h) has been replaced with a new requirement that unless the Secretary otherwise approves, a case containing 30 dozen eggs must contain a middle division board of at least half an inch in thickness, with the grain of the timber running horizontally across the case. The First Schedule to the regulations is also amended to change the weight standard for "Eggs in Shell" from "thirteen and one-quarter pounds" to "thirteen and one-half pounds". These regulations impose specific obligations on parties involved in the export of dairy produce, particularly eggs. The new requirements for the middle division board and the weight standard of eggs in shell ensure that the eggs are packed in a manner that protects them during transit. The amendments require exporters to ensure that the middle division board is included unless expressly approved otherwise by the Secretary. Additionally, the new weight standard mandates that eggs must meet the specified weight to be considered compliant with the export regulations. Failure to comply with these regulations can result in various consequences. Although the specific penalties are not detailed in the provided text, under the Customs Act 1901-1935 and the Commerce (Trade Descriptions) Act 1905-1933, breaches of these regulations can lead to fines, confiscation of the goods, or other civil or criminal penalties as deemed appropriate by the court. The severity of these penalties can depend on the nature and extent of the breach, as well as any previous violations.