Commerce (General Exports) Regulations (Amendment)

Overview

The Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1930 were the foundational pieces of legislation used to govern trade and customs activities in Australia. To address the evolving needs of trade and commerce, these Acts were supplemented by the Regulations under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1930, enacted in 1932. These regulations aimed to refine and update trade practices, particularly focusing on the export of fresh fruit. By specifying packaging requirements and introducing inspection fees, the regulations sought to ensure the quality and integrity of exports, thereby protecting both domestic and international markets. The regulations were enacted by the Governor-General in Council, reflecting the intent to standardise and improve trade practices across the Commonwealth of Australia.

Scope and Application

The Statutory Rules 1932, No. 12, under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1930, primarily concern the regulation of the export of fresh fruits from Australia. The regulations apply to entities involved in the export of fruits such as apples, pears, citrus fruits, and grapes, requiring them to adhere to specific packing standards and pay applicable inspection fees. These rules are applicable across the Commonwealth of Australia, with specific mention of various states and territories. The regulations do not explicitly state any exclusions or thresholds but rather detail specific requirements for various types of fruits, including dimensions for packing cases or trays and conditions for sweating oranges prior to export. The regulations may be further extended or modified through subordinate instruments, ensuring they remain effective and relevant to the industry's needs.

Key Provisions

The statutory rules (C1932L00012) modify the Commerce (General Exports) Regulations under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1930, coming into effect from 1st January 1932. Regulation 3 alters the definition of "Dry" to change the moisture content limit from 15% to 25%, and introduces a new definition for "Eastern port" specifying ports between the 90th and 180th degrees of East longitude north of the 30th parallel of South latitude. Regulation 47 mandates that fresh fruit for export be packed in specific cases or trays of prescribed dimensions, with allowable variations of up to 10% in cubic capacity. Regulation 48a, previously an existing rule, is repealed and replaced by new provisions regarding the packing of fresh fruit, including the requirement for a single layer of apples in each tray, the use of well-seasoned wood for cases or trays, and specific packing requirements for citrus fruits destined for certain locations. These regulations impose several obligations on parties involved in the export of fresh fruit. Exporters must ensure that their fruit is packed in the correct type and size of cases or trays as specified. For citrus fruits, adherence to the "citrus" case requirement is mandatory, especially for exports to Great Britain, Canada, or Eastern ports. Additionally, oranges must be sweated for at least seven days before packing if they are to be exported. Another significant obligation is the payment of inspection fees for apples and pears, which must be settled before the fruit can be exported or removed for home consumption. These fees are payable to the appropriate collectors in the respective states. Failure to comply with these regulations can result in various penalties and consequences. Non-compliance with packing specifications, such as using incorrect case dimensions or failing to meet the sweat period for oranges, could result in the rejection of shipments and potential financial loss for the exporter. Similarly, not paying the required inspection fees could lead to the denial of export permits and prevent the removal of fruit from appointed places. The specific penalties for breaches are not detailed in the regulations, but typically, such violations could attract fines or other enforcement actions under the broader legislative framework governing customs and trade descriptions.