Commerce (Exports) Regulations (Amendment)

Overview

The Statutory Rules 1923, No. 127, represents a set of regulations made under the Commerce (Trade Descriptions) Act 1905 by the Commonwealth of Australia. This legislative instrument was introduced to refine the trade descriptions for exported goods, ensuring that consumers receive accurate information about the quality and quantity of products they purchase. Enacted by the Deputy of the Governor-General, W. H. Irvine, on behalf of the Federal Executive Council, the regulations came into operation on 1 November 1923. These regulations aim to provide clarity and transparency in the trade descriptions for exported goods, particularly focusing on the labeling of fresh fruit such as apples and pears. This ensures that the specific variety, grade, and minimum size of the fruit are clearly stated, and that any deviations in size are strictly regulated to prevent misleading the consumer.

Scope and Application

The Statutory Rules 1923, No. 127, issued under the Commerce (Trade Descriptions) Act 1905, concern the amendment of the Commerce (Exports) Regulations 1921. These regulations apply to persons or entities engaged in the export of goods, particularly focusing on the labelling and trade descriptions for exported items. The amendment impacts the labelling requirements for exported goods, ensuring that certain products, such as apples, pears, and other fresh fruit, have specific trade descriptions detailing variety, grade, and size. The changes do not apply to exports of boots and shoes, plants, fresh fruit, and fresh vegetables, which are exempt from the requirement to specify net weight or quantity on the label or brand. These regulations have a national reach, being applicable across the Commonwealth of Australia, and extend to any person or entity involved in the export of the specified goods. The amendments further define penalties for breaches of these regulations, imposing fines up to Twenty Pounds (£20) for non-compliance. The scope of these regulations can be further refined or extended through subordinate instruments, allowing for adjustments to the specified details or inclusion of additional goods subject to these trade descriptions and labelling requirements.

Key Provisions

The main operative sections of these regulations, which were made under the Commerce (Trade Descriptions) Act 1905, include amendments to the existing Commerce (Exports) Regulations, 1921. Regulation 7 now requires that the label or brand of exported goods must specify the net weight or quantity, with certain exceptions such as boots and shoes, plants, fresh fruit, and fresh vegetables (Regulation 7). For fresh fruit, specifically apples and pears, Regulation 8 mandates that the trade description must detail the variety, grade, and minimum size of the fruit in a specific manner and size, and also requires the grower's name or the firm or corporate name (Regulation 8). Regulation 9 introduces a requirement for fresh fruit, other than apples or pears, to include the word "unsorted" if the fruits are of various sizes and packed in a deceptive manner (Regulation 9). Additionally, Regulation 40 sets a penalty for breaches of the regulations, up to £20, when no other penalty is specified (Regulation 40). Finally, Regulation 41 outlines a specific penalty for breaches related to fresh fruit, specifically apples or pears, at a rate of a quarter penny per bushel case (Regulation 41). These regulations impose obligations on exporters to ensure that the labels and trade descriptions of their goods comply with the specified requirements. Exporters must clearly indicate the net weight or quantity on the labels of their goods, with exceptions for certain types of items. For fresh fruit, particularly apples and pears, exporters must provide detailed information about the variety, grade, and minimum size of the fruit, along with the grower's or firm's name. If fresh fruit is packed in a manner that misleads the buyer about the quality or size, the word "unsorted" must be included in the trade description. These obligations aim to ensure transparency and accuracy in trade descriptions to protect consumers and maintain fair trading practices. The regulations also establish consequences for non-compliance. Regulation 40 provides a general penalty for breaches of the regulations, which may include a fine of up to £20. This penalty applies when a breach occurs but is not covered by a specific penalty under another regulation. Regulation 41 specifies a penalty for breaches related to fresh fruit, specifically apples or pears, at a rate of a quarter penny per bushel case. These penalties serve as a deterrent against non-compliance and ensure that exporters adhere to the mandated trade description requirements. By clearly outlining the requirements and penalties, these regulations aim to enhance the integrity of trade descriptions for exported goods. They ensure that consumers receive accurate and detailed information about the products they purchase, thereby promoting fair trade practices and protecting consumer interests.