STATUTORY RULES.
1923. No. 165.
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REGULATIONS UNDER THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905.
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, to come into operation on the first day of November, One thousand nine hundred and twenty-three.
Dated his thirty-first day of October, 1923.
FORSTER,
Governor-General.
By His Excellency’s Command,
THOS. W. CRAWFORD,
for Minister of State for Trade and Customs.
Amendment of The Commerce (Export) Regulations 1921.
(Statutory Rules 1921, No. 207, as amended by Statutory Rules 1922, Nos. 7, 22, and 138, and Statutory Rules 1923, Nos. 58 and 127.)
1. Regulation 41 of the Commerce (Exports) Regulations 1921 is amended by omitting the words—
“Fruit—
Fresh, being apples or pears, per bushel case (i.e., two half-cases or three trays)....¼d.
and inserting in their stead the words—
“Fruit—
Fresh, being apples or pears, per bushel case.............................1/8d.
(Two half-cases or three trays are for the purposes of this regulation equivalent to a bushel case.)
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.16100.—Price 3d.
Overview
The Commerce (Trade Descriptions) Act 1905 was enacted to address issues concerning the quality and labelling of goods for trade within Australia. This legislation was introduced to ensure that consumers and traders could rely on the accuracy of trade descriptions, thereby maintaining fair trading practices and protecting public health and safety. The Act was enacted by the Parliament of Australia, reflecting the policy objective of establishing a regulatory framework that ensures the integrity and transparency of trade descriptions.
The Statutory Rules 1923, No. 165, issued under the authority of the Commerce (Trade Descriptions) Act 1905, provide specific amendments to the Commerce (Export) Regulations 1921. These amendments were made to refine the regulatory framework governing the export of goods, ensuring that the prescribed fees for the export of fresh fruit, such as apples and pears, are updated and clearly defined. This legislative instrument aims to streamline the export process while maintaining the high standards of trade description that the Act seeks to uphold.
Scope and Application
The Regulation under the Commerce (Trade Descriptions) Act 1905, specifically amending the Commerce (Export) Regulations 1921, applies to the trade of fresh fruit, particularly apples and pears, when exported from Australia. This amendment modifies the tariff rate for fresh fruit, specifically apples and pears, which are to be exported in bushel cases. The new regulation adjusts the export duty from ¼d to 1/8d per bushel case, while clarifying that two half-cases or three trays are equivalent to a bushel case. The scope of the Act is national, as it is enacted under the Commonwealth of Australia and affects all entities and persons engaged in the export of the specified fruit from Australia. The regulation aims to provide clarity and consistency in the measurement and tariff application for these exports, ensuring compliance with the updated duty rates. This regulation does not explicitly mention any exclusions, exemptions, or thresholds other than the specified fruit and its measurement equivalency. Subordinate instruments may further refine or expand upon these regulations to address specific cases or to implement additional provisions as required.
Key Provisions
The principal operative sections of these regulations pertain to the amendment of Regulation 41 of the Commerce (Exports) Regulations 1921, specifically altering the trade description and tariff for fresh fruit, namely apples and pears, exported in bushel cases (1). The original tariff of ¼d has been reduced to 1/8d per bushel case, which comprises two half-cases or three trays. This regulation seeks to redefine the financial obligations associated with the export of these commodities, ensuring that exporters and importers are fully informed of the updated rates.
The obligations imposed by these regulations require all parties involved in the export of fresh apples and pears to adhere to the new tariff rate of 1/8d per bushel case (1). This includes ensuring accurate documentation and record-keeping of the quantities exported to correctly apply the tariff. The regulation also mandates that exporters and importers are aware of the updated trade descriptions and comply with these changes in their business practices.
Any breaches of these regulations may result in civil or criminal consequences. Although the specific penalties are not detailed within these regulations, under the overarching Commerce (Trade Descriptions) Act 1905, penalties for non-compliance could include fines and other legal repercussions. It is essential for exporters and importers to strictly follow these regulations to avoid any potential legal issues or financial penalties.
Given the importance of accurate trade descriptions and compliance, these regulations ensure that all parties involved in the export of fresh fruit adhere to the specified requirements. Failure to comply with these regulations may result in legal action, financial penalties, and reputational damage. Therefore, it is crucial for all stakeholders to understand and implement these changes to maintain compliance and avoid any adverse consequences.