Commerce (Meat Export) Regulations (Amendment)

Overview

Statutory Rules 1947 No. 18, issued under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933, was enacted to address the specific issue of prohibiting the export of horseflesh in the meat industry. This legislative instrument was made by the Governor-General in accordance with the advice of the Federal Executive Council. The regulation, dated 27 August 1947, aims to amend the Commerce (Meat Export) Regulations by inserting a new rule that explicitly bans the export of horse-flesh. This amendment was necessary to align with broader trade policies and public health considerations of the time, ensuring that the export of meat products met certain standards and did not include horse-flesh, which was deemed unsuitable for human consumption under the existing regulations.

Scope and Application

The legislation in question, specifically Statutory Rules 1947, No. 118, operates under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933, extending its reach to both Commonwealth and state jurisdictions within Australia. The regulation, which is an amendment to the Commerce (Meat Export) Regulations, addresses the prohibition of exporting horse-flesh, a measure aimed at controlling the trade of certain types of meat across Australian borders. This prohibition applies to all persons and entities involved in the export of horse-flesh, ensuring compliance with national standards and restrictions set forth by the legislation. The geographic scope of this regulation is national, impacting all states and territories within Australia. The regulation does not specify exclusions or exemptions, implying a blanket prohibition unless otherwise stipulated by further legislative action or subordinate instruments. The regulation's enforcement and interpretation may be further defined or extended through additional statutory rules or administrative decisions under the authority of the relevant Acts.

Key Provisions

The Statutory Rules of 1947, specifically Regulation No. 18, amends the Commerce (Meat Export) Regulations under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933. The primary operative section of this legislation is the insertion of regulation 4a into Part I of the Commerce (Meat Export) Regulations, which explicitly states that the export of horse-flesh is prohibited (section 4a). This means that any person or entity involved in the export of horse-flesh must adhere to this prohibition and refrain from exporting such products. The obligations imposed by this regulation are clear and straightforward. Any person or entity involved in the export of meat must ensure that they are not exporting horse-flesh. This includes having proper documentation and processes in place to verify that the meat being exported does not include horse-flesh. The regulation applies to all exports of meat, and failure to comply could result in legal consequences. The consequences for breaching this regulation are significant. Under section 5 of the Customs Act 1901-1936 and section 16 of the Commerce (Trade Descriptions) Act 1905-1933, any person or entity found to be in breach of these regulations could be subject to penalties. The maximum penalty for contravening these acts can be substantial, potentially including fines and imprisonment. The specific penalties depend on the severity of the breach and the discretion of the court, but they are designed to ensure compliance with the regulatory requirements. Additionally, any exports found to be in breach of the regulation could be seized and prevented from entering another country.