STATUTORY RULES
1933. No. 22
––––––
REGULATIONS UNDER THE CUSTOMS ACT 1901-1930 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1930.
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 1905-1930, to come into operation forthwith.
Dated this Sixteenth day of February, 1933.
(Sgd.) ISSAC A. IGAACS
Governor-General.
By His Excellency’s Command,
Minister of State for Commerce and for and on behalf of the Minister of State for Trade and Customs.
Amendment of Commerce (General Exports) Regulations.
(Statutory Rules 1926, No. 22, as amended to this date.)
1. Regulation 47 of the Commerce (General Exports) Regulations is amended—
(a) by omitting paragraph (a) and inserting in its stead the following paragraph:—
“(a) Subject to paragraph (d) of this regulation, the fruit shall be packed only in cases or trays of the dimensions specified in the following table for the various kinds of fruits:—
Descriptions of case or tray. | Inside measurements in inches (clear of divisions). | Kinds of fruits for which case or tray shall be used. |
Length. | Depth. | Width. |
Citrus.............. | 24 | 11½ | 11½ | Citrus fruits only |
Citrus bushel......... | 20 | 10 | 11⅛ | Citrus fruits only |
Lemon............. | 25 | 10 | 13 | Lemons only |
Australian bushel ...... | 18 | 14¼ | 8⅔ | Apples, pears, citrus fruits |
Standard bushel........ | 18 | 10½ | 11½ | Apples, pears, citrus fruits |
Australian half-bushel | 18 | 7⅛ | 8⅔ | Apples, pears, stone fruits |
Pear............... | 18 | 8½ | 11½ | Pears only |
Standard half-bushel | 18 | 5¼ | 11½ | Apples, stone fruits |
Flat bushel........... | 26 | 14¼ | 6 | Pears only |
Standard half-bushel | 18 | 4 to 5¼ | 11½ | Grapes only |
Flat three-quarter bushel | 24 | 11¾ | 6 | Grapes only |
Flat half-bushel........ | 26 | 7⅛ | 6 | Stone fruits only |
Tray............... | 18 | Any depth not exceeding 4 inches | 14¼ | All fruits |
| |
Tray............... | 18 | Any depth not exceeding 4 inches | 11½ | All fruits |
302.—Price 3d.
Provided that where—
(i) the dimensions of not less than 95 per cent. of the cases and trays included in any consignment of fruit are in accordance with the dimensions prescribed by this regulation; and
(ii) the dimensions of the remaining cases and trays included in the consignment are substantially in accordance with the dimensions prescribed and the cubic capacity of each of those cases or trays is not more than 5 per cent. greater or less than the cubic capacity of a corresponding case or tray having the prescribed dimensions,
the consignor shall be deemed to have complied with the provisions of this regulation in regard to the dimensions of all the cases and trays included in the consignment.
2. Regulation 48 of the Commerce (General Exports) Regulations is amended by omitting from paragraph (d) the words “half an inch” and inserting in their stead the words “one-quarter of an inch”.
3. Regulation 104 of the Commerce (General Exports) Regulations is amended—
(a) by omitting from paragraph (1.) the words “and pears intended for export” and inserting in their stead the words “or pears exported from the Commonwealth”; and
(b) by omitting paragraph (2.) and inserting in its stead the following paragraph—
“(2.) All fees payable under this regulation shall be paid on or before the entry of the apples or pears for export.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1933 No. 22, enacted under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1930, was introduced to address issues related to the regulation of the export of certain fruits, particularly focusing on the packaging dimensions for various types of fruits. The Governor-General, acting with the advice of the Federal Executive Council, issued these regulations to ensure uniformity and compliance in the exportation of fruits, thereby facilitating smoother international trade processes and protecting the quality and presentation of Australian exports. The policy objective underpinning these regulations is to maintain high standards in the packaging and presentation of exported goods, ensuring that Australian products meet international requirements and expectations.
Scope and Application
The Statutory Rules 1933, No. 22, made under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1930, pertain to the regulation of fruit exports from Australia. These regulations are applicable to the various entities involved in the export of fruit, including fruit packers, shippers, and exporters, as they define the specific dimensions for the cases and trays used for different types of fruits, ensuring uniformity and compliance with export standards. The regulations also outline the fees that must be paid prior to the export of apples and pears. Geographically, these regulations apply nationally within the Commonwealth of Australia, impacting all exporters within its jurisdiction. Subordinate instruments may extend or refine the application of these regulations, but the primary focus remains on standardising the packaging of fruit for export to maintain quality and regulatory compliance.
Key Provisions
The main operative sections of this legislation involve amendments to the Commerce (General Exports) Regulations under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1930. Regulation 47 is amended to specify the dimensions of cases and trays for different kinds of fruits, as detailed in the table (1). This regulation requires that the dimensions of the cases and trays for the export of fruits must comply with the prescribed measurements, with allowances for minor deviations in dimensions and cubic capacity (1). Regulation 48 modifies the allowable tolerance in the thickness of the cases and trays from half an inch to one-quarter of an inch (2). Regulation 104 is amended to remove the reference to pears intended for export and to require that all fees under this regulation must be paid before the entry of the apples or pears for export (3).
The obligations imposed by these regulations primarily concern the exporters of fruits. They must ensure that the cases and trays used for packaging comply with the specified dimensions, with a tolerance of not more than 5% in cubic capacity for any deviations from the prescribed measurements (1). Exporters must also pay the fees associated with the export of apples or pears before the entry of these fruits for export (3). The regulations aim to standardise the packaging and handling of fruit exports to ensure quality and consistency in the international market.
Breach of these regulations may lead to penalties or consequences as stipulated under the Customs Act and the Commerce (Trade Descriptions) Act. While the specific penalties are not detailed in the text, violations of regulations governing the export of goods can generally result in fines, confiscation of the goods, or other enforcement actions as deemed appropriate by the relevant authorities. Compliance with these regulations is crucial for exporters to avoid any legal repercussions and to ensure smooth trade operations.