Commerce (Exports) Regulations (Amendment)

Overview

The Statutory Rules 1923, No. 113, under the Commerce (Trade Descriptions) Act 1905, was enacted to amend the Commerce (Exports) Regulations 1921, specifically targeting the storage conditions for egg pulp, rabbits, and hares post inspection. This regulation was introduced by the Governor-General in Council, under the advice of the Minister of State for Trade and Customs. The underlying aim was to ensure the quality and safety of exported goods by imposing stringent temperature controls in designated cool storage facilities. This legislative instrument sought to address any gaps in the previous regulations regarding the timely and proper refrigeration of these perishable items, thereby enhancing the standards of Australian exports.

Scope and Application

The regulation under the Commerce (Trade Descriptions) Act 1905 applies to the inspection, examination, and storage of egg pulp, rabbits, and hares in the context of exports. This regulation is specifically concerned with ensuring that these products are stored at specified temperatures immediately after inspection to maintain their quality and safety standards. The regulation mandates that egg pulp must be stored at temperatures not exceeding 15 degrees Fahrenheit, while rabbits and hares must be stored at temperatures not exceeding 10 degrees Fahrenheit until they are hard frozen, after which they should be kept at temperatures not exceeding 15 degrees Fahrenheit. The requirement for storage at an ‘Appointed Place’ and the prohibition on removal without the authority of an officer further underscores the regulation's intent to enforce stringent quality control measures in the export process. The regulation's scope is limited to these specific products and their post-inspection storage conditions, with no broader jurisdictional reach or exclusions explicitly stated in the provided text.

Key Provisions

The main operative section of this legislative instrument is the amendment to Regulation 23 of the Commerce (Exports) Regulations 1921 (Section 1). This section specifies the temperature requirements for storing egg pulp, rabbits, and hares after inspection and examination. For egg pulp, the regulation mandates that it must be stored at a temperature not exceeding 15 degrees Fahrenheit within four hours of inspection. For rabbits and hares, the initial storage temperature should not exceed 10 degrees Fahrenheit until they are hard frozen, after which the temperature should not exceed 15 degrees Fahrenheit. These storage conditions must be maintained at an "Appointed Place," and removal of these items without the authority of an officer is prohibited. The obligations and requirements imposed by this regulation are primarily directed towards those who handle, inspect, and store egg pulp, rabbits, and hares for export. Inspectors must ensure that these items are examined and inspected in accordance with the regulations before they can be stored. Once inspected, they must be placed in a cool store within the specified timeframes and temperatures. Furthermore, the regulation mandates that these items cannot be removed from the cool storage without the approval of an authorised officer, ensuring compliance with the storage requirements. In terms of consequences for breach, while the regulation itself does not explicitly detail penalties or consequences for non-compliance, the overarching Act, the Commerce (Trade Descriptions) Act 1905, likely provides for such provisions. Typically, breaches of regulations under this Act could result in civil penalties, including fines, as well as potential criminal charges. The severity of the penalty may depend on the nature and extent of the breach, and it is advisable for parties involved to ensure strict compliance to avoid any legal repercussions.