STATUTORY RULES.
1933. No. 121.
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 this twenty-seventh day of October, 1933.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
FRED. H. STEWART
Minister of State for Commerce.
Amendment of Commerce (General Exports) Regulations.
(Statutory Rules 1926, No. 22, as amended to this date.)
1. Regulation 3 of the Commerce (General Exports) Regulations is amended—
(a) by omitting from the definition of “Mature” the word “less” (last occurring) and inserting in its stead the word “more”; and
(b) by inserting after the definition of “The Act” the following definition:—
“‘The Secretary’ means the Secretary of the Department of Commerce.”
2. Regulation 47 of the Commerce (General Exports) Regulations is amended—
(a) by omitting from the table contained in paragraph (a) the words and figures—
“Citrus | 24 | 11½ | 11½ | Citrus fruits only |
Citrus bushel | 20 | 10 | 11⅛ | Citrus fruits only |
Lemon | 25 | 10 | 13 | Lemons only”. |
and inserting in their stead the words and figures— |
“Orange | 24 | 11½ | 11½ | Oranges and Grape Fruit only |
Lemon | 25 | 10 | 13 | Lemons only |
Half Lemon | 25 | 5 | 13 | Lemons and Mandarins ”; |
and
(b) by omitting paragraph (d) and inserting in its stead the following paragraph
“(d) oranges intended for export to any port in Europe or Canada or to any Eastern port shall be packed only in the type of case described as “Orange” in the table contained in paragraph (a) of this Regulation;
Provided that in special circumstances oranges intended for export to any Eastern port may, with the approval of the Secretary, be packed in either the type of case described as “Australian bushel” or that described as “Standard bushel” in the said table.”
3. Regulation 48a of the Commerce (General Exports) Regulations is amended by omitting paragraph, (c) and inserting in its stead the following:—
“(e) Oranges described as “Special” shall consist of oranges complying with the requirements of paragraph (d) of this regulation, and, in addition, shall be substantially free from disfigurements such as are caused by scars, scratches of the skin, excessive navel segments, cavities, punctures and blemishes caused by any insect or fungus pest. Such disfigurements shall not exceed 2 per centum of the total surface area of any individual orange.”.
By Authority; L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules of 1933, No. 121, made under the authority of the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1933, aim to amend the Commerce (General Exports) Regulations to refine the standards and requirements for the export of certain agricultural products, particularly citrus fruits. Enacted by the Governor-General in Council, these regulations address the need to ensure the quality and proper packaging of citrus fruits intended for export, thereby protecting the reputation of Australian produce in international markets. The policy objective behind these amendments is to enhance the quality control and classification processes for exported citrus fruits, ensuring they meet specific standards and are appropriately packed to maintain their quality during transit.
Scope and Application
The Regulations under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1933 pertain to the governing of the export of certain goods, particularly focusing on citrus fruits. These regulations apply to individuals and entities involved in the exportation of these goods, such as exporters, packers, and traders within the Commonwealth of Australia. They establish specific conditions and requirements for the packaging and description of citrus fruits intended for export, ensuring compliance with trade standards. The scope of the regulations is limited to citrus fruits, particularly oranges and lemons, and their export to specified destinations including Europe, Canada, and Eastern ports. The regulations provide detailed definitions and amendments to existing rules, clarifying the types of cases and quality standards required for these fruits. Notably, the regulations allow for exceptions under the approval of the Secretary of the Department of Commerce, providing some flexibility in the exportation process. The geographic jurisdiction of these regulations is national, applying uniformly across Australia, and they extend their reach through subordinate instruments to enforce compliance and quality control in the export trade of citrus fruits.
Key Provisions
The main operative sections of these regulations are those that amend the definitions and packaging requirements for certain fruit exports, specifically oranges and lemons. Regulation 3 amends the definition of "Mature" to clarify the age of fruit, and also defines "The Secretary" as the Secretary of the Department of Commerce (section 1). Regulation 47 revises the table of permissible packing cases for citrus fruits, removing certain entries and adding new ones, while also introducing specific packing requirements for oranges exported to Europe, Canada, or Eastern ports (section 2). Regulation 48a modifies the quality standards for "Special" oranges, requiring them to be substantially free from disfigurements that exceed 2% of their surface area (section 3).
These regulations impose specific obligations on parties involved in the export of oranges and lemons. Exporters must ensure that their fruit meets the revised definitions and quality standards as stipulated in the amended regulations. For oranges, this includes adhering to the specified packing cases when exporting to certain destinations and ensuring the fruit is free from certain disfigurements. The Secretary of the Department of Commerce has the authority to approve alternative packing cases for oranges under special circumstances.
Failure to comply with these regulations can lead to various consequences. While the statutory rules do not explicitly outline specific offences or penalties, breaches of export regulations can typically result in legal actions under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1933. This may include fines, confiscation of goods, or other civil and criminal penalties as prescribed under these acts. The exact penalties would depend on the nature and severity of the breach, but they can be significant, reflecting the importance of adhering to trade regulations to maintain standards and protect market integrity.