Commerce (Export Dairy Produce) Regulations (Amendment)

Legislation au C1928L00083 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1928. No. 83.

 

REGULATIONS UNDER THE CUSTOMS ACT 1901–1925 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905–1926.

 

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 1901–1925, and the Commerce (Trade Descriptions) Act 1905–1926, to come into operation forthwith.

Dated this tenth day of August, 1928.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

T. PATERSON,

Minister of State for Markets.

 

Amendment of the Commerce (Export Dairy Produce) Regulations.

(Statutory Rules 1926, No. 182, as amended to this date.)

1. Regulation 12 (A) of the Commerce (Export Dairy Produce) Regulations is re-numbered “12”.

2. Regulation 12 (B) of the Commerce (Export Dairy Produce) Regulations is repealed, and the following Regulation inserted in its stead:—

“12a. The packing of eggs in shell intended for export shall be subject to the following conditions:—

(a) The eggs shall be individually examined by the ‘candling’ process under the supervision of an officer, and at premises approved of by the Secretary;

(b) Eggs which have been subjected to any preservative process or which have been placed in cold store prior to being submitted for export, shall not be packed;

(c) Any egg which has a broken or damaged shell, or which is in an unsound or other abnormal condition, shall not packed;

(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 1—Not less than 15 lb. net weight per each ten dozen eggs, provided that no egg shall weigh less than 1⅞ oz., nor more than 2⅛ oz.;

(ii) Size 2—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.;

1765.—Price 3d.


(iii) Size 3—Not less than 17 lb. net weight per each ten dozen eggs, provided that no egg shall weigh less than 2 ⅛ oz. nor more than 2⅜ oz.; and

(iv) Size 4—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 misshapen.

(e) An officer may reject any eggs considered by him to be unfit for export;

(f) The eggs shall be packed in clean new cases, constructed of well-seasoned softwood or hardwood that has been smoothly sawn or dressed in an approved manner, strapped with metal strapping or wire, and sufficiently strong, in the opinion of the officer, to withstand such handling as is ordinarily incidental to transport to destinations beyond the Commonwealth; and

(g) Hen-eggs shall be packed only in cases of the undermentioned dimensions and containing the quantities specified hereunder:—

Total number of eggs in case.

Internal measurements of case.

15 doz.

11 ⅝ in × 11⅝ in ×13in

30 doz.

This case shall be divided into two equal compartments by a board placed across the centre of the case The internal measurement of each compartment shall be 11⅝ in. ×. 11⅝ in. × 13 in. The dimensions of the centre board shall be 11⅝ in wide. 13 in. deep, ⅝ in. thick.

(h) Each hen egg shall be packed in a separate division, constructed of new white odourless wood pulp board, the thickness of which shall be not less than .028 caliper. A pad of wood wool or other odourless substance, approved by the officer, shall be placed at the bottom and top of each case and not less than one pad in the centre layer of eggs;

(i) Duck eggs shall be packed in such manner and in cases of such dimensions containing such quantity as is approved by an officer.

(j) Duck eggs shall not be packed in the same case as hen eggs.

 


3. The Second Schedule to the Commerce (Export Dairy Produce) Regulations is amended by omitting Forms 30 and 31, and inserting in their stead the following form:—

“Commonwealth of Australia.

 

Form 30.

Certificate No...................... Certificate................No

The Commerce (Trade Descriptions) Act 1905–1926.

Eggs in Shell.

This is to certify that.................cases, containing........... dozen *Duck eggs, branded              .and shipped per s.s                            *Hen

to................on..............19    , have been graded and packed under supervision in accordance with departmental regulations. The minimum weight of any egg is              oz., and the net weight per ten dozen eggs is not less              lb.

Dated at..............in the State of.............the.........day of.......19  .

Commonwealth Dairy Officer.”

* Cross out whichever is inapplicable.

 

By Authority: H. J. Green, Government Printer, Canberra.

Overview

The Statutory Rules 1928, No. 83, enacted by the Governor-General in accordance with the advice of the Federal Executive Council, constitutes a set of regulations under the Customs Act 1901–1925 and the Commerce (Trade Descriptions) Act 1905–1926. These regulations aim to ensure the quality and proper packaging of eggs in shell intended for export, addressing potential issues with the export of substandard or improperly packed eggs that could harm Australia's reputation in the international market. This legislative instrument was established to provide a clear framework for the export of eggs, ensuring they meet specific standards and conditions set by the government, thereby maintaining the integrity and quality of Australian exports.

Scope and Application

The Statutory Rules 1928, No. 83, made under the Customs Act 1901–1925 and the Commerce (Trade Descriptions) Act 1905–1926, pertain to the regulations governing the export of dairy produce, specifically eggs in shell. These regulations apply to entities and persons involved in the export of eggs, ensuring compliance with specified conditions for packing and examination. The scope of the Act extends to the entire Commonwealth of Australia, mandating adherence to the outlined packing and quality standards for exported eggs. The Act excludes eggs that have undergone preservative processes or have been stored in cold conditions prior to export, as well as any eggs with broken or damaged shells or abnormal conditions. The application of these regulations can be further defined or expanded through subordinate instruments, ensuring that the rules remain adaptable to changes in industry practices and standards.

Key Provisions

The statutory rules under the Customs Act 1901–1925 and the Commerce (Trade Descriptions) Act 1905–1926, specifically the Amendment of the Commerce (Export Dairy Produce) Regulations, introduce new requirements for the packing of eggs in shell for export. Regulation 12a (section 2) outlines these conditions, which include a mandatory candling process under the supervision of an authorised officer at approved premises (section 2(a)). Eggs treated with preservatives or stored in cold conditions prior to export are prohibited (section 2(b)). Furthermore, any egg with a broken or damaged shell, or exhibiting abnormal conditions, must not be packed (section 2(c)). Specific weight and size criteria must be met for hen eggs, which are categorised into four sizes based on weight per ten dozen eggs (section 2(d)). Duck eggs, meanwhile, require separate packing and must not be mixed with hen eggs (section 2(j)). The packing of eggs must also adhere to stringent material and structural requirements to ensure durability during transport (sections 2(f)–2(i)). These regulations impose several obligations on parties involved in the export of eggs. Exporters must ensure that all eggs meet the specified standards before packing, including passing the candling examination and weight and size requirements. They must also secure the necessary approvals for the packing materials and methods from the relevant authorities. Additionally, the regulations mandate the use of approved forms, such as Form 30, to certify that the eggs have been correctly graded and packed in compliance with the regulations (section 3). These forms must be completed accurately and signed by a Commonwealth Dairy Officer, attesting to the compliance of the export consignment with the stipulated requirements. Failure to comply with these regulations can result in severe consequences. The regulations do not explicitly detail the penalties for non-compliance; however, given the context of the Acts under which these regulations are made, breaches may lead to civil or criminal penalties. Under the Customs Act 1901–1925, potential penalties for breaches could include fines and imprisonment, while the Commerce (Trade Descriptions) Act 1905–1926 may also carry fines for misrepresentation or fraudulent practices related to the export of goods. The exact penalties would depend on the specific nature and severity of the breach, as well as any relevant case law or subsequent legislative amendments.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.