STATUTORY RULES.
1937. No. 4.
REGULATION UNDER THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933 AND THE CUSTOMS ACT 1901-1936.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Commerce (Trade Descriptions) Act 1905-1933, and the Customs Act 1901-1936.
Dated this thirteenth day of January, 1937.
(Sgd.) Gowrie
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Commerce and the Minister of State for Trade and Customs.
Amendment of the Commerce (Export Dairy Produce) Regulations.†
Additional description for eggs in shell.
Regulation 24 of the Commerce (Export Dairy Produce) Regulations is amended by omitting from sub-regulation (3.) the words “an oval measuring 11/16 inch long by ½ inch wide” and inserting in their stead the words “a circle measuring ½ inch in diameter”.
* Notified in the Commonwealth Gazette on
† Statutory Rules 1930, No. 132, as amended by Statutory Rules 1931, Nos. 82, 106, and 125; 1932, No. 77; 1933, Nos. 38 and 40; 1934; Nos. 6, 56, and 98; 1935, Nos. 65 and 132; and 1936, Nos. 66, 85, and 149.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6794.—8/16.12.1936.—Price 3d.
Overview
The Statutory Rules 1937 No. 4, made under the Commerce (Trade Descriptions) Act 1905-1933 and the Customs Act 1901-1936, addresses a specific issue concerning the regulation of trade descriptions for exported dairy products, particularly eggs. Enacted by the Governor-General with the advice of the Federal Executive Council, this regulation aims to amend the Commerce (Export Dairy Produce) Regulations by modifying the permissible shape description for eggs in shell. The policy objective is to ensure that the trade descriptions of exported goods comply with updated standards, thereby maintaining the integrity and quality of Australian exports. The regulation was necessary to rectify discrepancies in the description of egg dimensions, reflecting an evolution in industry practices or standards.
Scope and Application
The Statutory Rules of 1937, Number 4, constitute a regulation under the Commerce (Trade Descriptions) Act 1905-1933 and the Customs Act 1901-1936. This regulation specifically amends the Commerce (Export Dairy Produce) Regulations by modifying the description criteria for eggs in shell, substituting the previously defined oval measurement with a new circular measurement. This adjustment applies to entities involved in the export of dairy produce, ensuring compliance with updated standards for egg dimensions. The regulation's jurisdiction is national, affecting all entities engaged in the export of dairy products within Australia, thereby impacting industries such as dairy farming and export logistics. The regulation does not explicitly state any exclusions or thresholds, implying that it applies broadly to all relevant entities unless otherwise specified by subordinate instruments.
Key Provisions
The primary operative section of this statutory rule (Regulation 24) amends the existing Commerce (Export Dairy Produce) Regulations by modifying the description for eggs in shell. Specifically, the regulation changes the requirement from an oval shape measuring 11/16 inch long by ½ inch wide to a circle measuring ½ inch in diameter. This change is intended to provide a more precise and universally applicable standard for the shape of eggs in shell when exported, ensuring consistency and clarity in trade descriptions.
The amended regulation imposes obligations on parties involved in the export of dairy produce, particularly eggs in shell, to adhere to the new shape requirements. Importers, exporters, and other stakeholders must ensure that the eggs they handle meet the updated specification, which is a circle with a diameter of ½ inch. This requirement is critical for maintaining the integrity of the trade and ensuring that products meet the agreed-upon standards when exported.
Breach of this regulation may result in legal consequences, although the specific penalties are not detailed in the statutory rule itself. Generally, under the parent Acts (the Commerce [Trade Descriptions] Act 1905-1933 and the Customs Act 1901-1936), violations can lead to penalties including fines and potential criminal charges. The severity of these penalties can vary depending on the nature and extent of the breach, with potential maximum penalties prescribed by the relevant Acts. It is important for parties to comply with these regulations to avoid any legal repercussions.