Commerce (General Exports) Regulations (Amendment)

Legislation au C1934L00023 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1934. No. 23.

________

REGULATIONS UNDER THE CUSTOMS ACT 1901-1930 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 1901-1930, and the Commerce (Trade Descriptions) Act 1905-1933.

Dated the fifteenth day of February, 1934.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

J. ALLAN GUY

for Minister of State for Commerce and for and on

behalf of the Minister of State for Trade and Customs.

__________

Amendment of the Commerce (General Exports) Regulations.

(Statutory Rules 1926, No. 22 as amended to this date.)

Interpretation.

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

Apricots—Conditions of preparation and packing.

2. Regulation 14 is amended—

(a) by omitting from sub-paragraph (i) of paragraph (d) the words and figures “not less than 40” and inserting, in their stead the figures “55”;

(b) by omitting from sub-paragraph (ii) of paragraph (d) the words and figures “not less than 30” and inserting in their stead the figures “40”;

(c) by omitting from sub-paragraph (iii) of paragraph (d) the words and figures “not less than 25” and inserting in their stead the figures “ 30”;

(d) by omitting from sub-paragraph (v) of paragraph (d) the words and figures “ not less than 25” and inserting in their stead the figures “ 30”;.

(e) by omitting, from sub-paragraph (vi) of paragraph (d) the words and figures “not less than 25” and inserting in their stead the figures “30”;

(f) by omitting from sub-paragraph (vii) of paragraph (d) the words and figures “not less than 10” and inserting in their stead the figures “ 30”.

514.—Price 3d.

Peaches—Conditions of preparation and canning

3. Regulation 16 is amended—

(a) by omitting from sub-paragraph (i) of paragraph (d) the words and figures “not less than 40” and inserting in their stead the figures “55”;

(b) by omitting from sub-paragraph (ii) of paragraph (d) the words and figures “not less than 30” and inserting in their stead the figures “40”;

(c) by omitting from sub-paragraph (iii) of paragraph (d) the words “not less than” (first occurring);

(d) by omitting from sub-paragraph (iv) of paragraph (d) the words and figures “not less than 10” and inserting in their stead the figures “25”.

Quartering peaches.

4. Regulation 17 is amended—

(a) by omitting from sub-paragraph (i) of paragraph (d) this words and figures “not less than 40” and inserting in their stead the figures “56”;

(b) by omitting from sub-paragraph (ii) of paragraph (d) the words and figures “not less than 30” and inserting in their stead the figures “40”;

(c) by omitting from sub-paragraph (iii), of paragraph (d) the words “not less than” (second occurring).

Sliced peaches—Conditions of preparation and canning.

5. Regulation 18 is amended—

(a) by omitting from sub-paragraph (i) of paragraph (c) the words and figures “ not less than 40” and inserting in their stead the figures “56”;

(b) by omitting from sub-paragraph (ii) of paragraph (c) the words and figures “not less than 30” and inserting in their stead the figures “40”;

(c) by omitting from, sub-paragraph (iii) of paragraph (c) the words “not less than”.

Pears—Conditions of preparation and canning.

6. Regulation 19 is amended—

(a) by omitting from sub-paragraph, (i) of paragraph (d) the words and figures “not less than 40” and inserting in their stead the figures “55”;

(b) by omitting from sub-paragraph (ii) of paragraph (d) the words and figures “ not less than 30” and inserting in their stead the figures “40”;

(c) by omitting from sub-paragraph (iii) of paragraph (d) the words “not less than” (first occurring);

(d) by omitting from sub-paragraph (iv) of paragraph (d) the words and figures “not less than 10” and inserting in their stead the figures “20”.

Pears in quarters or sliced—Conditions of preparation and canning.

7. Regulation 20 is amended—

(a) by omitting from sub-paragraph (i) of paragraph (c) the words and figures “not less than 40” and inserting in their stead the figures “55”;

(b) by omitting from subparagraph (ii) of paragraph (c) the words and figures “not less than 30” and inserting in their stead the figures “40”;

(c) by omitting, from sub-paragraph (iii) of paragraph (c) the words “not less than”.

_________________

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

Overview

The Statutory Rules 1934 No. 23, enacted under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1933, addresses the need for updated regulations governing the export of certain fruits. Made by the Governor-General with the advice of the Federal Executive Council, these regulations aim to ensure that Australian exports meet specific quality standards, thereby maintaining the reputation and marketability of Australian produce abroad. This legislative instrument reflects the policy objective of promoting fair trade practices and ensuring consumer protection by specifying the conditions under which fruits such as apricots, peaches, and pears must be prepared and packed for export.

Scope and Application

The Regulations made under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1933 apply to entities involved in the export of specific agricultural products, namely apricots, peaches, and pears, from Australia. These regulations focus on the conditions of preparation and packing of these fruits, particularly when they are to be exported. The scope of these regulations is confined to the specific amendments of the Commerce (General Exports) Regulations concerning the standards for apricots, peaches, and pears. The regulations adjust the minimum quality standards for these fruits, increasing the minimum size requirements for various cuts and forms. The regulations extend to the entire Commonwealth of Australia, governing the standards that exporters must adhere to nationwide. There are no specific exclusions or exemptions mentioned within the text of the regulations; however, they do provide for adjustments and updates through subordinate instruments, allowing for further amendments as necessary to maintain quality and compliance standards.

Key Provisions

The statutory rules outlined in C1934L00023, made under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1933, primarily focus on amending the Commerce (General Exports) Regulations, specifically targeting the conditions under which apricots, peaches, and pears must be prepared and packed for export. These amendments (referenced in Regulation 14, 16, 17, 18, 19, and 20) update the minimum size requirements for various categories of these fruits, replacing previously stipulated minimum sizes with new figures to ensure quality standards are met. For instance, apricots must now meet higher size criteria in several categories, with some minimum sizes being increased from 25 to 30 or 55, depending on the sub-category (Regulation 2(a)-(f)). Similarly, peaches and pears also see their minimum size requirements adjusted to ensure uniformity and quality in exported produce (Regulations 3(a)-(d), 4(a)-(c), 5(a)-(c), 6(a)-(d), 7(a)-(c)). The obligations imposed by these regulations require exporters to adhere to the newly specified size criteria for apricots, peaches, and pears. Exporters must ensure that the fruit meets the stipulated size requirements before it is packed and labelled for export. This includes conducting thorough checks and potentially adjusting their sourcing or processing methods to comply with the new standards. The regulations are clear that any non-compliance with these size specifications could lead to the fruit being deemed unfit for export, thereby affecting the exporter’s ability to trade these products internationally. Failure to comply with these regulations can result in serious consequences. Under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1933, non-compliance with the stipulated export conditions can be considered an offence. Penalties for such breaches may include fines or other civil remedies. While the specific penalties are not detailed in the text, it is established that the breaches of these regulations can lead to legal action being taken against the offending parties, including potential court-imposed fines and other sanctions. The precise penalties would be determined by the courts based on the nature and severity of the breach.

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