STATUTORY RULES.
1925. No. 62.
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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 eleventh day of April, 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.)
1. Regulation 37 of the Commerce (General Exports) Regulations
1925 is repealed and the following regulation inserted in its stead:—
37. Currants intended for export shall be in accordance with such one of the following sets of conditions as is applicable to the description of the currants:—
(a) Currants describable as ‘4 Crown.’—The currants shall consist of bold dark fruit which still retains its natural bloom, and shall be of good texture and flavour and shall not contain more than 5 per centum of red berries, nor 5 per centum of seeds, nor 20 per centum of moisture.
(b) Currants describable as ‘3 Crown.’—The currants shall consist of dark-coloured, seedless fruits, which still retain their natural lustre and bloom, and are free from shotty and pin-head specimens. They shall be of good texture and flavour. No case shall contain more than 10 per centum by number of red and unripe currants.
(c) Currants describable as ‘2 Crown.’—The currants shall consist of dark-coloured, seedless fruits of good flavour, and shall be free from shotty and pin-head specimens, No case shall contain more than 25 per centum by number of red and unripe currants.
(d) Currants describable as ‘1 Crown.’—The currants shall consist of seedless fruits of good flavour and shall be free from shotty and pin-head specimens. No case shall contain more than 35 per centum by number of red and unripe berries.
2. Regulation 44 of the Commerce (General Exports) Regulations 1925 is repealed and the following regulation inserted in its stead:—
44. Sultanas intended for export shall be in accordance with such one of the following sets of conditions as is applicable to the description of the sultanas:—
(a) Sultanas describable as ‘4 Crown.’—The sultanas shall consist of “stand out” fruit of light colour and good flavour, full bodied, and of even texture with not more than 5 per centum of dark fruit.
(b) Sultanas describable as. ‘3 Crown.’—The sultanas shall consist of bright-skinned fruit of any size of good amber colour, high quality, good flavour, and free pliable texture. No case shall contain more than 10 per centum by number of deep-brown berries, nor contain any blackened or crushed fruits.
(c) Sultanas describable as ‘2 Crown.’—The sultanas shall consist of fruits of any size of good flavour and texture. They may be of any colour natural to the fruit. No case shall contain any blackened or crushed fruits.
(d) Sultanas describable as ‘l Crown.’—The sultanas shall consist of fruits of any size of good flavour and texture. They may be of any colour natural to the fruit.
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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. 62, made under the Customs Act 1901-1923 and the Commerce (Trade Descriptions) Act 1905, were enacted to ensure the quality and classification of currants and sultanas intended for export, addressing the need for clear and consistent standards in the export market. These regulations were promulgated by the Governor-General in accordance with the Federal Executive Council's advice, coming into effect immediately upon their publication. The regulations aim to standardise the quality criteria for different grades of currants and sultanas, thereby protecting both exporters and consumers by ensuring that the exported goods meet specified standards of quality and appearance.
Scope and Application
These Regulations, made under the Customs Act 1901-1923 and the Commerce (Trade Descriptions) Act 1905, apply to the export of currants and sultanas from Australia. They are designed to ensure that these fruits meet certain quality standards before being exported, thereby maintaining the integrity and reputation of Australian exports. The Regulations are applicable to the industry involved in the export of currants and sultanas, specifically the producers and exporters who must comply with the specified conditions for each grade of fruit. These standards pertain to the physical characteristics and quality of the currants and sultanas, such as colour, texture, and the permissible percentage of certain types of berries or seeds. The geographic reach of these Regulations is nationwide, as they are enacted at the Commonwealth level. The Regulations do not explicitly state exclusions, exemptions, or thresholds other than the quality standards themselves. The application of these Regulations may be further extended or restricted through subordinate instruments, allowing for adjustments based on industry feedback, changes in market conditions, or advancements in quality standards.
Key Provisions
The Statutory Rules 1925, No. 62, issued under the Customs Act 1901-1923 and the Commerce (Trade Descriptions) Act 1905, outline specific conditions for currants and sultanas intended for export. Regulation 37 sets forth stringent quality criteria for currants, categorising them into four classes—‘4 Crown,’ ‘3 Crown,’ ‘2 Crown,’ and ‘1 Crown.’ For instance, currants classified as ‘4 Crown’ must be dark, bold, and retain their natural bloom, with no more than 5% red berries, 5% seeds, and 20% moisture content (Section 1(a)). Similarly, Regulation 44 specifies the quality standards for sultanas, also divided into four classes based on colour, texture, and absence of defects (Section 2(a)-(d)).
These regulations impose clear and specific obligations on exporters to adhere to the prescribed quality standards for currants and sultanas. Exporters must ensure that their products meet the stipulated conditions for each classification before export. This includes verifying the colour, texture, and percentage of acceptable berries or seeds, as well as ensuring that no cases contain unacceptable quantities of red or unripe fruits, blackened or crushed fruits, as applicable (Sections 1 and 2).
Failure to comply with these regulations may result in significant legal consequences. Although the document does not explicitly detail penalties or specific legal repercussions for non-compliance, breaches of regulations under the Customs Act 1901-1923 and the Commerce (Trade Descriptions) Act 1905 can typically lead to fines, confiscation of goods, and other civil or criminal penalties as determined by the relevant authorities. The severity of penalties can vary based on the extent of non-compliance and the specific provisions violated.