Commerce (Exports) Regulations (Amendment)

Overview

The Statutory Rules 1923, No. 136, under the Commerce (Trade Descriptions) Act 1905, were enacted to amend the existing Commerce (Exports) Regulations 1921. This legislative instrument addresses the need to refine the scope of the regulations to better accommodate certain export activities. By repealing and replacing Regulation 15, the Act aims to exempt small parcels of seeds and dried fruits from the stringent requirements of the exports regulations when sent via post, thereby facilitating trade and easing the burden on small-scale exporters. The regulations were made by the Deputy of the Governor-General, W. H. Irvine, on behalf of the Minister of State for Trade and Customs, Earle Page, reflecting the federal government's commitment to streamlining export processes while maintaining necessary oversight.

Scope and Application

The Regulations under the Commerce (Trade Descriptions) Act 1905, enacted as Statutory Rules 1923 No. 136, establish specific provisions governing the description of goods for trade purposes, particularly in relation to exports. These regulations apply to the Commonwealth of Australia and are aimed at ensuring that the descriptions of goods are accurate and not misleading. The regulations pertain to entities and individuals involved in the export of goods, with a specific focus on parcels of seeds and dried fruits. The application of these regulations extends to all exports of these goods, providing exemptions for smaller quantities exported via postal services. These exemptions include parcels of seeds not exceeding 3 lbs in weight and parcels of dried fruits not exceeding 5 lbs in weight. The scope of the regulations is limited to the specified exclusions, and they do not apply to larger consignments or other types of goods. The geographic reach of these regulations is national, applying uniformly across all states and territories of Australia.

Key Provisions

The main operative sections of these Regulations under the Commerce (Trade Descriptions) Act 1905 are concerned with the amendment of the Commerce (Exports) Regulations 1921. Specifically, Regulation 15 has been revised to exempt certain small parcels of goods from its purview (Regulation 1). This means that parcels of seeds weighing no more than 3 lbs and parcels of dried fruits weighing no more than 5 lbs, which are exported via post, are no longer subject to the provisions that were previously outlined in the repealed Regulation 15 (Regulation 1(1)). These Regulations impose specific obligations on entities involved in the export of goods. They require that exporters ensure compliance with the amended Regulation 15, which now excludes certain small parcels from its application. This amendment is aimed at reducing the regulatory burden on exporters who send small quantities of specific goods, thus facilitating smoother and more efficient trade processes for these particular items (Regulation 1(1)). Breach of these Regulations may result in various consequences depending on the nature and severity of the infraction. While the specific offences, penalties, or consequences are not detailed within the text of these Regulations, it is important to note that violations of the Commerce (Trade Descriptions) Act 1905 can lead to both civil and criminal penalties. These may include fines and imprisonment for individuals found guilty of contravening the Act’s provisions, as well as potential civil liability for any damages caused by non-compliance (Commerce (Trade Descriptions) Act 1905, s 22). The exact penalties would be determined based on the specific nature of the breach and the relevant provisions of the Act.