Commerce (General Exports) Regulations (Amendment)

Overview

The Statutory Rules 1927 No. 34, enacted under the Customs Act 1901-1925 and the Commerce (Trade Descriptions) Act 1905-1926, was made to address certain regulatory amendments necessary for the export of goods, particularly focusing on the packaging and size requirements for fruits such as oranges. The Governor General, acting on the advice of the Federal Executive Council, issued these regulations to bring about necessary changes to the Commerce (General Exports) Regulations, ensuring that Australian exports met international standards and specific market requirements, particularly for shipments to New Zealand. This legislative instrument highlights the policy objective of facilitating smoother trade practices by adjusting the specifications for the export of goods, thus enhancing Australia’s trade relations and compliance with international trade agreements.

Scope and Application

The Regulations under the Customs Act 1901-1925 and the Commerce (Trade Descriptions) Act 1905-1926 pertain to entities involved in the import and export of goods, including individuals and businesses engaged in these activities within the Commonwealth of Australia. These Regulations specifically amend the Commerce (General Exports) Regulations to alter the packaging requirements for certain export goods, such as the inclusion of trays for cases of goods and specific dimensions for trays, as well as modifying the mandatory wrapping requirements for oranges destined for New Zealand. This legislation extends to the entire Commonwealth, applying uniformly across all states and territories. There are specific exemptions for oranges intended for shipment to New Zealand, where wrapping is not compulsory and a minimum diameter is set for the oranges. The Regulations can be further extended or modified through subordinate instruments, allowing for adjustments to meet evolving trade needs and standards.

Key Provisions

The key provisions of these regulations under the Customs Act 1901-1925 and the Commerce (Trade Descriptions) Act 1905-1926 are outlined in the amendments to the Commerce (General Exports) Regulations. Regulation 48a is amended to include trays as an acceptable form of packaging alongside cases (Regulation 1(i)). Additionally, specific dimensions for trays are provided, with two sets of measurements given: 18 × 3¼ × 14¼ and 18 × 3½ × 14¼ (Regulation 1(ii)). Regulation 48b is also amended to include a proviso that wrapping is not compulsory for oranges intended for shipment to New Zealand (Regulation 2(1)). Furthermore, a minimum size requirement for oranges shipped to New Zealand is introduced, stipulating that no orange shall measure less than two inches in diameter from cheek to cheek (Regulation 2(ii)). These regulations impose specific obligations and requirements on entities involved in the export of goods, particularly focusing on the packaging and sizing of oranges and the inclusion of trays as a permissible packaging option. Exporters must adhere to the newly specified dimensions for trays and ensure that oranges destined for New Zealand meet the minimum diameter requirement. Additionally, while wrapping is not compulsory for oranges intended for New Zealand, the regulations still necessitate compliance with the stated size criteria. Failure to comply with these regulations could result in various consequences. Although the document does not explicitly state the penalties for non-compliance, breaches of regulations under the Customs Act 1901-1925 or the Commerce (Trade Descriptions) Act 1905-1926 can typically lead to civil or criminal penalties, depending on the severity and intent of the breach. Civil penalties may include fines, and in more serious cases, criminal penalties could apply, leading to prosecution and potential imprisonment. The exact penalties would be determined based on the specific nature of the breach and relevant legal provisions.