Commerce (General Exports) Regulations (Amendment)

Legislation au C1936L00014 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1936. No. 14.

––––––

REGULATIONS UNDER THE CUSTOMS ACT 1901‑1935 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905‑1933.*

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 Customs Act 1901‑1935 and the Commerce (Trade Descriptions) Act 1905‑1933.

Dated this First

Day of February      , 1936

Governor‑General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Commerce, and the Minister of State for Trade and Customs.

 

Amendment of the Commerce (General Exports) Regulations.†

Interpretation.

1. In these Regulations, any reference to a regulation shall be read as a reference to a regulation contained in the Commerce (General Exports) Regulations, as amended to the date of commencement of these Regulations.

Cases for fresh fruit.

2. Regulation 47 is amended by omitting paragraphs (e) and (f) and inserting in their stead the following paragraphs:—

“(e) The fruit shall be packed in clean, new cases or trays manufactured from seasoned softwood or hardwood—

(i) which contains not more than 20 per centum of moisture;

(ii) which is smoothly sawn or dressed in a manner approved by the Secretary; and

(iii) the outside edges of which are, where necessary, trimmed in a manner approved by the Secretary,

and sufficiently strong to withstand such handling as is ordinarily incidental to transport to destinations beyond the Commonwealth. Cases manufactured from Karri and jarrah timber shall have the boards comprising the ends, tops and bottoms dressed on one side at least and the boards comprising the sides shall be smoothly sawn or dressed.

 

* Notified in the Commonwealth Gazette on      , 1936.

† Statutory Rules, 1926 No. 22, as amended by Statutory Rules, 1926, Nos. 66 and 176; 1927, Nos. 11, 34, 107, 131 and 152; 1928, No. 114; 1929, No. 52; 1930, No. 23; 1932, Nos. 12, 48, 67; 1933, Nos. 22, 66, 79 and 121; 1934, Nos. 2, 7, 23, 47, 49 and 117; and 1935, Nos. 5 and 131.

296.—12/22.1.1936.—Price 3d.


“(f) Each apple and pear shall, before being packed into the cases or trays, be wrapped in paper. Packing material shall be used and shall consist of corrugated strawboard, wood wool, or other similar material. The paper and packing material shall be of a quality approved by the Secretary. In the packing of apples and pears the fruit shall be protected by the use of packing material on all tops and bottoms of cases and trays of apples, and on all sides, tops and bottoms of cases and trays of pears. Only one layer of apples shall be packed in each tray”.

Grade standards for apples.

3. Regulation 48 is amended—

(a) by omitting paragraph (a) of sub‑regulation (1.) and inserting in its stead the following paragraph:—

“(a) The apples shall be of the varieties and sizes specified in the Third Schedule to these Regulations applicable to the destinations specified in that Schedule to which the apples are to be exported:

Provided that the Secretary may permit, for experimental purposes only, the exportation of apples other than those specified in that Schedule.

The consent in writing of the Secretary shall be obtained prior to the exportation of apples of the following varieties, namely:—Coleman, Jubilee, King Cole, McIntosh Red, Stayman, White Winter Pearmain and Wellington;” and

(b) by omitting the proviso to paragraph (e).

4. After regulation 48a the following regulation is inserted:—

Grade standards for plums.

“48b. Plums intended for export shall comply with the following provisions:—

(a) The outer layers or shown surfaces of the plums shall be a true indication of the contents of each case.

(b) Each case shall contain one variety of plum only, and the plums shall be wrapped in paper of a quality approved by the Secretary.

(c) The plums shall be sound, clean, well‑formed, of regular size, free from broken skins and from disease. No plum shall be less than one and a quarter inches in diameter.”.

Additional trade descriptions for apples and pears.

5. Regulation 61 is amended by omitting from paragraph (a) the words “if on printed paper labels” and inserting in their stead the words “if printed on the cases, or applied by means of printed paper labels,”.

Additional trade description for oranges.

6. Regulation 61a is amended by omitting the words “if on printed paper labels” and inserting in their stead the words “if printed on the cases, or applied by means of printed paper labels”.


7. The Third Schedule to the Commerce (General Exports) Regulations is repealed and the following Schedule inserted in its stead:—

“THE THIRD SCHEDULE. Reg. 48.

VARIETIES, CLASSES, AND SIZES OF APPLES WHICH MAY BE EXPORTED, THE ABBREVIATED DESCRIPTION OF EACH VARIETY, THE MINIMUM PERCENTAGE OF COLOUR CHARACTERISTIC OF THE VARIETY NECESSARY ON EACH APPLE FOR EACH OF THE GRADES ‘EXTRA FANCY’ AND ‘FANCY’.

Part I.—Apples for Export to any Destination.

Variety.

Abbreviated description.

Sizes (inches in diameter).

Percentage of colour, characteristic of the variety, necessary on each apple in each grade.

Extra Fancy

Fancy.

Alexander................

ALX..........

2¼‑3

30

10

Alfriston.................

ALF..........

2½‑3¼

..

..

Aromatic.................

ARO.........

2¼‑2¾

50

20

Australian Beauty...........

A.B...........

2¼‑2¾

50

20

Cleopatra.................

CLEO.........

2¼‑2¾

..

..

Coleman.................

CMN.........

2¼‑2¾

50

20

Cox’s Orange Pippin.........

C.O.P.........

2‑2¾

30

5

Crofton..................

CROF.........

2⅛‑2¾

50

20

Crow Egg................

C.E...........

2¼‑3

30

10

Delicious.................

DEL..........

2¼‑2¾

50

20

Democrat.................

DEM..........

2¼‑3¼

70

35

Dougherty................

DHTY.........

2¼‑2¾

40

20

Duke of Clarence............

D.C...........

2¼‑3

70

35

Dunns...................

DUNNS.......

2¼‑3

..

..

French Crab...............

F.C...........

2⅜‑3

70 green colour

..

Geeveston Fanny............

G.F...........

2¼‑2¾

50

20

Granny Smith..............

G.S...........

2¼‑3

..

..

Jonathan.................

JON..........

2⅛‑2¾

50

20

Jubilee...................

JUB..........

2¼‑2¾

50

20

King Cole................

K.C...........

2¼‑2¾

50

20

King David...............

K.D..........

2⅛‑2¾

70

35

King Pippin...............

K.P...........

2⅛‑2¾

30

10

London Pippin.............

L.P...........

2¼‑3

..

..

Mcintosh Red..............

McINTOSH RED.

2¼‑2¾

70

35

Mobbs Codlin..............

M.C..........

2½‑3

..

..

Newtown Pippin............

N.T.P.........

2¼‑2¾

..

..

Nickajack.................

NJ.............

2¼‑3

30

10

Pomme de Neige............

P.D.N.........

2⅛‑2¾

30

10

Prince Alfred..............

P.A...........

2½‑3¼

30

10

Reinette du Canada..........

R.D.C.........

2½‑3

..

..

Ribston Pippin.............

R.P...........

2¼‑2¾

..

..

Rokewood................

ROKE.........

2¼‑2¾

40

20

Rome Beauty..............

R.B...........

2¼‑3

30

10

Scarlet...................

S.P.M.........

2⅛‑2¾

50

20

Schroeder.................

SCH..........

2¼‑3

..

..

Statesman

STN..........

2¼‑2¾

30

10

Stayman.................

STAY.........

2¼‑2¾

30

10

Stewarts..................

SS...........

2½‑3

..

..

Stone Pippin...............

S.P...........

2¼‑3

..

..

Sturmer..................

S.T.P..........

2¼‑2¾

..

..

Tasman’s Pride.............

T.P...........

2¼‑3

50

20

Wellington................

WTN.........

2½‑3

..

..

White Winter Pearmain........

W.W.P........

2¼‑2¾

..

..

Worcester Pearmain..........

W.P.M........

2⅛‑2¾

50

20

Yates...................

YATES.......

2⅛‑2¾

50

20


Part II.—Apples for Export to any Destination other than the United Kingdom or a Destination reached by way of the United Kingdom.

Variety.

Abbreviated description.

Sizes (inches in diameter).

Percentage of colour, characteristic of the variety, necessary on each apple in each grade.

Extra Fancy.

Fancy.

Cleopatra..............

CLEO.........

2¼‑3

..

..

Dunns................

DUNNS.......

2¼‑3¼

..

..

Granny Smith...........

G.S..........

2¼‑3¼

..

..

Sturmer...............

S.T.P.........

2¼‑3

..

..

part III.—Apples for Export to any Destination other than the United Kingdom or the Continent of Europe.

Variety.

Abbreviated description.

Sizes (inches in diameter).

Percentage of colour, characteristic of the variety, necessary on each apple in each grade.

Extra Fancy.

Fancy.

Dougherty................

DHTY.......

2‑2¾

40

20

Gravenstein...............

GRAV.......

2¼‑2¾

..

..

Jonathan.................

JON.........

2‑2¾

50

20

King David...............

K.D.........

2‑2¾

70

35

McIntosh Red..............

McINTOSH RED

2¼‑3

70

35

Pioneer..................

PIONEER....

2¼‑3

..

..

Nickajack.................

NJ..........

2¼‑3¼

30

10

Rokewood................

ROKE.......

2‑2¾

40

20

Rymer...................

RYM........

2¼‑2¾

25

10

Spitzenberg...............

SPTZ........

2¼‑2¾

40

15

Stayman .................

STAY........

2¼‑3

30

10

Yates...................

YATES......

2‑2¾

50

20

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Customs Act 1901-1935 and the Commerce (Trade Descriptions) Act 1905-1933 were enacted to regulate customs and trade within Australia and between Australia and other countries. These Acts aimed to provide a framework for the control of imported and exported goods, including ensuring that goods were correctly classified and described, and that they met certain standards. The Regulations under these Acts, as exemplified by Statutory Rules 1936 No. 14, further detail the requirements for the export of fresh fruit, particularly focusing on the packaging and quality standards to ensure that Australian produce meets international standards and requirements. The Regulations were made by the Governor-General in Council, acting on the advice of the relevant ministers, and their policy objective was to maintain high standards in the export of Australian agricultural products to protect both domestic producers and international markets from substandard goods.

Scope and Application

The Customs Act 1901-1935 and the Commerce (Trade Descriptions) Act 1905-1933 are the primary legislative instruments under which these Regulations are made. The Regulations apply to the export of fresh fruit, specifically focusing on the quality and packing standards for apples, pears, and plums. The amendments made to the Commerce (General Exports) Regulations set out detailed requirements for the types of cases or trays that must be used, the wrapping of individual fruits, and the grade standards that the fruit must meet for various destinations. These standards include specifications on the moisture content of the wood used for cases, the wrapping materials for the fruit, and the specific varieties and sizes of apples and plums that are acceptable for export. Additionally, the Regulations dictate how trade descriptions must be applied to the fruit or their containers. The application of these Regulations is national, as they are made under Commonwealth authority and are intended to govern exports from Australia to international destinations. There are no explicit exclusions or exemptions stated in these Regulations, but they do allow for the Secretary’s consent for the exportation of certain varieties of apples for experimental purposes. The Regulations extend their application through the specification of detailed standards and the use of subordinate instruments to define acceptable practices and materials.

Key Provisions

The Statutory Rules 1936 No. 14, made under the Customs Act 1901–1935 and the Commerce (Trade Descriptions) Act 1905–1933, introduce amendments to the Commerce (General Exports) Regulations. These amendments primarily concern the packing and grading standards for exporting fresh fruit, specifically apples, pears, and plums. Regulation 2 amends the packing requirements for apples and pears, stipulating that the fruit must be packed in new cases or trays made from seasoned softwood or hardwood, which must meet specific moisture and strength criteria. The cases must be dressed or sawn in an approved manner and trimmed as necessary. Apples and pears must be individually wrapped in approved paper before being packed into the cases or trays, with additional protective packing material used as required. Regulation 3 revises the grade standards for apples, specifying the varieties and sizes permissible for export to certain destinations, with the Secretary's consent required for exporting certain named varieties for experimental purposes. Regulation 4 introduces new grade standards for plums, ensuring that each case contains only one variety of plum, which must be wrapped in approved paper, be sound, clean, well-formed, and free from defects. These regulations impose obligations on exporters to adhere to the specified packing and grading standards for fresh fruit. Exporters must ensure that fruit is packed in approved cases or trays, wrapped in approved paper, and meet the grade standards for each variety of fruit. They must also obtain written consent from the Secretary for the export of certain varieties of apples if intended for experimental purposes. Failure to comply with these regulations may result in the fruit being deemed unfit for export, leading to potential commercial losses and legal repercussions. The regulations do not explicitly state penalties for non-compliance, but breaches could potentially be prosecuted under the Customs Act 1901–1935 or the Commerce (Trade Descriptions) Act 1905–1933, which could result in fines or other civil or criminal penalties as prescribed by those Acts.

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