Commerce (Exports) Regulations (Amendment)

Legislation au C1923L00058 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1923. No. 58.

 

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 Regulations under the Commerce (Trade Descriptions) Act 1905, to come into operation forthwith.

Dated this twenty-third day of May, 1923.

FORSTER,

Governor-General.

By His Excellency’s Command,

AUSTIN CHAPMAN,

Minister of State for Trade and Customs.

 

Amendment of Commerce (Exports) Regulations.

(Being Statutory Rules 1921, No. 207, as amended by Statutory Rules 1922, Nos. 7 and 22.)

1. Regulation 3 of the Commerce (Exports) Regulations is amended by repealing the definitions of “Clean” and inserting the following definitions in their stead:—

“Clean” in relation to dried fruit and dried vegetables means freedom from stalks, dirt, sand, and other foreign substances;”.

“Clean” in relation to maize and seeds means freedom from seeds other than those named in the trade description, and from chaff, stalks, soil, and other foreign substances;”.

2. Regulation 3 of the Commerce (Exports) Regulations is amended by inserting the following definitions therein:—

(a) After the definition of “Disease”—

“ Dried Grapes ” means dried fruit produced solely from any variety of grape other than Zante Currant, Sultana, Waltham Cross and White Muscatels.

“ Elemes ” means dried fruits produced solely from the Waltham Cross grape.

(b) After the definition of “Leather”—

“ Lexias ” means dried fruits produced solely from the varieties of the White Muscatel grape.

C.5393.—Price 3d.

 

(c) After the definition of “Preservative”––

“Prunes” means the following varieties of prunes only:––

D’ Agen,

Robe de Sargent,

Splendor,

Old French,

Fellemberg,

Imperial, and

Sugar.

3. Regulation 8 of the Commerce (Exports) Regulations 1921 is amended by omitting paragraph (j) of sub-regulation (1) thereof and the footnote to paragraph (j) and inserting the following paragraphs in their stead:—

(j) In the case of dried fruits—

(i) the name of the dried fruit shall be set out in the trade description in bold and legible characters, and, if any pictorial representation of fruit is included in the trade description, it shall be a representation of the kind of dried fruit contained in the package to which the pictorial representation is applied;

(ii) being dried apples, the trade description shall also state whether the fruits are—

“Slices” or

“Quarters”.

(iii) being dried apricots, the trade description shall also state whether the fruits are—

“4 Crown”,

“3 Crown”,

“2 Crown”,

“1 Crown” or

“Slabs”.

(iv) being currants, the trade description shall also state whether the fruits are—

“3 Crown” or

“2 Crown”.

(v) being dried grapes, the trade description shall also state whether the fruits are—

“No. 1 Dried Grapes” or

“No. 2 Dried Grapes".

(vi) being lexias or elemes, the trade description shall also state whether the fruits are—

“5 Crown”,

“4 Crown”,

“3 Crown” or

“2 Crown”.

(vii) being dried nectarines, the trade description shall also state whether the fruits are—

“4 Crown”,

“3 Crown”

“2 Crown” or

“1 Crown”.

 

(viii) being dried peaches, the trade description shall also state whether the fruits are—

“4 Crown”,

“3 Crown”,

“2 Crown” or

“1 Crown”.

(ix) being dried pears, the trade description shall also state whether the fruits are—

“4 Crown”,

“3 Crown” or

“2 Crown”.

(x) being prunes, the trade description shall also state whether the fruits are—

“3 Crown”,

“2 Crown” or

“1 Crown”.

(xi) being sultanas, the trade description shall also state whether the fruits are—

“3 Crown”,

“2 Crown” or

“1 Crown”.

(xii) being of any other kind, the trade description shall specify their condition as to soundness, cleanness, and freshness.

(k) In the case of dried vegetables, the trade description shall specify their condition as to soundness, cleanness, and freshness.

4. Regulation 8 of the Commerce (Exports) Regulations is amended by omitting sub-regulation (2) thereof and inserting the following sub-regulation in its stead:—

(2) The grade designations specified in sub-paragraph (ii) of paragraph (c), sub-paragraphs (ii) to (iv) inclusive of paragraph (e), and sub-paragraphs (ii) to (xi) inclusive of paragraph (j) of the last preceding sub-regulation shall, unless it is otherwise expressly stated in the trade description, be deemed to indicate that the fruit has been prepared in accordance with the conditions of preparation prescribed by regulations under the Customs Act 1901-1922.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Statutory Rules 1923 No. 58, made under the Commerce (Trade Descriptions) Act 1905, were introduced to amend the Commerce (Exports) Regulations, aiming to ensure greater clarity and specificity in trade descriptions for exported goods, particularly dried fruits and vegetables. The Governor-General, acting on the advice of the Federal Executive Council, enacted these regulations to address discrepancies and ambiguities in the existing trade descriptions for exported dried produce. This legislative instrument was designed to enhance consumer protection and trade transparency by providing more precise definitions and trade descriptions for various dried fruits and vegetables, thereby ensuring that exporters adhere to clear and consistent standards. The policy objective is to facilitate fair trade practices and maintain the integrity of Australian exports by preventing misleading or inadequate descriptions of goods.

Scope and Application

The Commerce (Trade Descriptions) Regulations 1923, made under the Commerce (Trade Descriptions) Act 1905, govern the trade descriptions for various goods exported from Australia, particularly dried fruits and vegetables. These regulations apply to persons and entities involved in the export of these goods, ensuring that they adhere to specific standards and requirements for cleanliness, condition, and the accuracy of trade descriptions. The scope of these regulations is nationwide, extending to all exports governed by the Commonwealth of Australia, with the aim of maintaining high standards and consumer protection in international trade. Notably, the regulations do not specify exclusions or exemptions but provide detailed definitions and conditions that must be met for the trade descriptions of various dried fruits and vegetables. Subordinate instruments may further extend or clarify the application of these regulations, thereby ensuring comprehensive oversight of the export process.

Key Provisions

The Regulations under the Commerce (Trade Descriptions) Act 1905, as amended, primarily focus on updating and specifying definitions and trade descriptions for dried fruits and vegetables. Regulation 3 amends the definitions of "Clean" for dried fruits and vegetables and maize and seeds, ensuring that these products are free from specific foreign substances. It also introduces new definitions for terms such as "Dried Grapes", "Elemes", and "Lexias", which refer to dried fruits produced from specific grape varieties. Regulation 8 further refines the trade descriptions required for dried fruits and vegetables, mandating that the names of the dried fruits must be clearly stated in bold and legible characters and that additional specifications such as the size or grade of the fruits must be included, depending on the type of dried fruit. These regulations impose several obligations on parties involved in the export of dried fruits and vegetables. Firstly, they require that the trade descriptions for these products be precise and accurate, including clear specifications about the type, size, and condition of the fruits or vegetables. For example, dried apples must specify if they are slices or quarters, while dried apricots must state if they are 4 Crown, 3 Crown, 2 Crown, 1 Crown, or Slabs. Dried nectarines, peaches, pears, prunes, and sultanas must also specify their size or grade. Secondly, the regulations mandate that the trade descriptions for dried vegetables must detail their condition regarding soundness, cleanness, and freshness. Violations of these regulations may result in legal consequences. While the specific penalties for breaches are not detailed in the provided text, under the parent Act, the Commerce (Trade Descriptions) Act 1905, penalties for non-compliance can include fines and other civil or criminal sanctions. The severity of the penalties can depend on the nature and extent of the breach, with more significant or repeated violations potentially leading to higher fines or other legal repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.