Commerce (General Exports) Regulations (Amendment)

Legislation au C1925L00083 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1925. No. 83.

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REGULATIONS UNDER THE CUSTOMS ACT 1901-1923 AND 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 Customs Act 1901-1923, and the Commerce (Trade Descriptions) Act 1905, to come into operation forthwith.

Dated this twenty-seventh day of May, 1925.

FORSTER,

Governor-General.

By His Excellency’s Command,

H. E. PRATTEN,

Minister of State for Trade and Customs.

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Amendment of Commerce (General Exports) Regulations 1925.

(Statutory Rules 1925, No. 25, as amended to this date.)

1. Regulation 8 of the Commerce (General Exports) Regulations 1925 is amended—

(a) by omitting paragraph (a) thereof and inserting in its stead the following paragraph:—

“(a) The fruit shall be packed in immediate containers enclosed in—

(i) clean new cases constructed of well-seasoned softwood or hardwood that has been smoothly sawn or dressed in an approved manner, strapped with metal strapping or wire, and, in the opinion of the Collector, sufficiently strong to withstand such handling as is ordinarily incidental to transport to destinations beyond the Commonwealth; or

(ii) fibre board cases consisting of one piece of solid fibre board of not less than 100 point thickness constructed with outer face of .016, 100 lbs. Mullen test. The fibre board shall be coloured and made, waterproof and the combined board shall have a Mullen test of not less than 275 lbs. per square inch. The side flaps shall be securely riveted with coppered flat wire and the cases shall, if considered necessary by the Collector, be strapped with metal strapping or wire. The gross weight of the cases when packed shall not exceed 75 lbs.;” and

(b) by omitting from paragraph (j) thereof the words “tin or container of preserved” and inserting in their stead the words “can or container of canned”.

C.7234.—Price 3d.


2. Regulation 50 of the Commerce (General Exports) Regulations 1925 is amended by omitting paragraph (a) thereof and inserting in its stead the following paragraph:—

“(a) The goods shall be packed in immediate containers enclosed in—

(i) clean new cases constructed of well-seasoned softwood or hardwood that has been smoothly sawn or dressed in an approved manner, strapped with metal strapping or wire, and, in the opinion of the Collector, sufficiently strong to withstand such handling as is ordinarily incidental to transport to destinations beyond the Commonwealth; or

(ii) fibre board cases, consisting of one piece of solid fibre board of not less than 100 point thickness constructed with outer face of .016, 100 lbs. Mullen test. The fibre board shall be coloured and made waterproof and the combined board shall have a Mullen test of not less than 275 lbs. per square inch. The side flaps shall be securely riveted with coppered flat wire and the cases shall, if considered necessary by the Collector, be strapped with metal strapping or wire. The gross weight of the cases when packed shall not exceed 75 lbs.”

3. Regulation 61 of the Commerce (General Exports) Regulations 1925 is amended by omitting the word “applies” and inserting in its stead the word “apples”.

4. Regulation 65 of the Commerce (General Exports) Regulations 1925 is repealed and the following regulation inserted in its stead—

“65. In the case of leather containing any loading of any mineral or other weighting substance, the trade description shall include a statement setting out the name of each loading substance contained in the leather, and the percentage thereof:

Provided that the following shall not be deemed to be loading substances within the meaning of this regulation:—

(a) Glucose and sugar to the extent or not more than 5 per cent. taken together;

(b) Fats and oils used in the manufacture and preparation of the leather; and

(c) Mineral ash* to the extent of not more than 2 per cent.

5. Form 6 of the Second Schedule to the Commerce (General Exports) Regulations 1925 is hereby amended by omitting the heading:—

“Certificate as to suitability of fresh fruit for export”, and inserting in its stead the following heading:—

“Certificate as to suitability for export of fresh fruit, other than apples and pears.”

 

By proclamation under the Customs Act 1901-1923, dated 23rd May, 1912, the exportation of all leather, or manufactures thereof, when for human wear, containing any proportion of barium sulphate or other barium compounds is prohibited.

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

Overview

The Statutory Rules 1925, No. 83, were enacted to amend the Commerce (General Exports) Regulations 1925 under the Customs Act 1901-1923 and the Commerce (Trade Descriptions) Act 1905. The primary objective of these regulations was to address the need for updated standards in the packaging and description of goods, particularly fruits and leather, for export purposes. This was achieved by the Federal Executive Council, with the advice of the Minister of State for Trade and Customs. The regulations sought to ensure that exports met the required standards of safety and quality, which was critical for maintaining the reputation and marketability of Australian goods abroad. The amendments included specific requirements for the construction and use of cases for packing fruits, detailed descriptions of permissible substances in leather, and the elimination of outdated or redundant regulations to streamline the export process.

Scope and Application

The Regulations under the Customs Act 1901-1923 and the Commerce (Trade Descriptions) Act 1905, as detailed in Statutory Rules 1925, No. 83, primarily apply to the export of goods from Australia, specifically focusing on the conditions under which these goods can be packed and exported. This legislation applies to entities and individuals involved in the export of goods, particularly fruit and leather products, requiring adherence to specific packing and labelling standards to ensure the safety and quality of the exported goods. The regulations are designed to control the quality and presentation of goods exported from Australia, thereby maintaining standards that are acceptable to foreign markets. The geographic scope of these regulations is national, as they pertain to exports from the Commonwealth of Australia. They do not specify any exclusions or exemptions, meaning that all exports of the mentioned goods are subject to the outlined regulations unless otherwise noted in subordinate instruments. These Regulations extend their application by detailing specific requirements for the construction and use of packing materials, as well as the labelling of goods containing certain substances, thereby providing a comprehensive framework for the export industry.

Key Provisions

The primary provisions of the legislative instrument involve amendments to the Commerce (General Exports) Regulations 1925. Regulation 8 now mandates that fruit must be packed in immediate containers enclosed in clean new cases, either constructed of well-seasoned softwood or hardwood that is smoothly sawn or dressed in an approved manner, and strapped with metal strapping or wire, or in fibre board cases meeting specific standards (Regulation 1). Regulation 50 similarly requires goods to be packed in immediate containers enclosed in approved cases (Regulation 2). Regulation 61 is amended to specify that the regulation applies to apples (Regulation 3). Regulation 65 is repealed and replaced with a new provision that requires trade descriptions of leather containing any loading substance to include a statement of the name and percentage of each loading substance, excluding certain substances (Regulation 4). Additionally, Form 6 of the Second Schedule is amended to change the heading from "Certificate as to suitability of fresh fruit for export" to "Certificate as to suitability for export of fresh fruit, other than apples and pears" (Regulation 5). The obligations imposed on the parties governed by these Regulations include ensuring that fruit and goods are packed in containers enclosed in approved cases that meet specific strength and material requirements. Exporters must also provide accurate trade descriptions of leather containing any loading substances, detailing the name and percentage of each substance, while excluding certain exceptions. Certificates for the export of fresh fruit must now specifically exclude apples and pears, reflecting the changes made in the Regulations. Failure to comply with these Regulations can result in civil and criminal consequences. Although the specific penalties are not detailed in the legislative instrument, breaches of the Customs Act 1901-1923 and the Commerce (Trade Descriptions) Act 1905 can lead to significant penalties. These may include fines, imprisonment, or both, depending on the severity and nature of the breach. Exporters are required to adhere strictly to the packing, labelling, and certification requirements to avoid these potential consequences.

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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.