Commerce Regulations 1913 (Amendment) (Provisional)

Overview

The Provisional Regulations under the Commerce (Trade Descriptions) Act 1905, enacted in 1915, were introduced to provide immediate measures concerning trade descriptions, particularly for export goods, in response to the urgency of the time. These regulations, certified by the Governor-General and issued under the advice of the Federal Executive Council, aimed to streamline the collection of fees for the export of specific goods like butter and live stock. The policy objective was to ensure that trade descriptions complied with the statutory requirements, thereby maintaining the integrity and quality of exported goods while facilitating the collection of necessary fees to cover the costs of inspection and certification. These regulations specifically addressed the amendment of fees for butter and livestock exported from Australia, setting forth detailed rates for various types of livestock and butter, and ensuring that no goods could be removed for domestic consumption or exported without the requisite fees being paid. This legislative instrument thus served to both regulate the trade descriptions and manage the financial aspects of exporting perishable goods efficiently, as authorised by the Parliament of Australia.

Scope and Application

The Provisional Regulations under the Commerce (Trade Descriptions) Act 1905 apply to all entities and individuals involved in the trade of butter and live stock for export from Australia. The Act mandates the payment of specified fees to the Collector for butter and various types of live stock before these goods can be exported or removed for domestic consumption from designated locations. The geographic scope of these regulations is nationwide, as they are issued under the authority of the Commonwealth of Australia. The regulations were enacted due to urgency and came into effect on 1st December 1915. These provisions are designed to ensure that all exported goods meet the required standards and that appropriate fees are collected for the services rendered. Additionally, the regulations stipulate that no export permits will be issued for butter or meat until the relevant fees have been paid.

Key Provisions

The main operative sections of these Provisional Regulations under the Commerce (Trade Descriptions) Act 1905 concern the amendment and insertion of fees for the export of butter and live stock. Regulation 18 is amended to remove the exemption clause for fees in certain cases (section 1). Regulation 55 is repealed and replaced with a new fee structure for butter and live stock intended for export (section 2). Specifically, the new fees are: a quarter penny per hox for butter, half a penny per head for sheep, lambs, and goats, and six pence per head for cattle, calves, and pigs. The obligations and requirements imposed by these Regulations are primarily focused on ensuring that all applicable fees are paid before any butter or meat can be removed from designated places for home consumption or before an export permit is issued. The new fees must be paid for all butter and live stock intended for export. This ensures that the relevant authorities are compensated for their services in inspecting and processing these goods for export. For non-compliance with these Regulations, the Act does not explicitly state offences, penalties, or civil/criminal consequences. However, considering the nature of the Act and the context of Provisional Regulations, it is likely that failure to pay the specified fees or removal of goods without the appropriate permits could result in legal action. The precise penalties would be determined by the courts and could include fines or other civil remedies. Given the historical context and the absence of explicit penalties in these Regulations, it is reasonable to infer that non-compliance could lead to significant repercussions, including the potential for goods to be detained or confiscated until the required fees are paid.