Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Customs (Prohibited Exports) Regulations 1936, made under the Customs Act 1901-1935, aim to address the specific requirements for exporting apples and pears from Australia to the United Kingdom and the Continent of Europe. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, these regulations mandate adherence to the provisions of the Commerce (General Exports) Regulations for apples and pears. The policy objective is to ensure that these perishable goods are shipped under conditions that maintain their quality, particularly through the use of refrigerated space as stipulated in agreements approved by relevant industry associations. The Third Schedule of the Customs (Prohibited Exports) Regulations was amended to reflect these updated requirements, emphasising the importance of maintaining export standards and facilitating trade with key markets.

Scope and Application

The Customs (Prohibited Exports) Regulations, as amended by Statutory Rules 1936, No. 27, pertain specifically to the export of apples and pears from Australia. This legislative instrument applies to any person or entity involved in the exportation of these fruits, ensuring compliance with the provisions of the Commerce (General Exports) Regulations, as well as the specific conditions stipulated for the shipment of apples and pears to the United Kingdom and the Continent of Europe. The geographic reach of these regulations is national, applying across the Commonwealth of Australia. The regulations mandate that these fruits must be shipped in refrigerated space that has been pre-approved by relevant Australian associations and councils, ensuring the quality and safety of the produce during transit. Exclusions or exemptions are not explicitly stated in these regulations, meaning that all exports of apples and pears must adhere to the outlined conditions unless otherwise specified through subordinate instruments. The application of these regulations may be extended or restricted through further legislative amendments or supplementary instruments.

Key Provisions

The main operative sections of the Statutory Rules 1936 No. 27 involve amendments to the Customs (Prohibited Exports) Regulations, specifically concerning the export of apples and pears. The amendment replaces the previous regulations with a new requirement that the provisions of the Commerce (General Exports) Regulations apply to these fruits (Item No. 1, Third Schedule). Furthermore, it specifies that apples and pears intended for export to the United Kingdom and the European continent must be shipped in refrigerated space that has been pre-arranged and approved by the Australian Overseas Transport Association and the Australian Apple and Pear Export Council (Item No. 1, Third Schedule). The obligations imposed by these regulations require that anyone exporting apples and pears to the specified destinations must adhere to the Commerce (General Exports) Regulations and ensure that the fruits are shipped in approved refrigerated space. This involves coordination between shippers and ship owners, with any agreement needing to be formally approved by the Australian Overseas Transport Association and the Australian Apple and Pear Export Council. These entities are responsible for setting and enforcing the standards for the transportation of these perishable goods. Breach of these regulations can result in legal consequences. The specific penalties are not detailed within the provided text, but under the general Customs Act 1901-1935, violations could lead to civil or criminal penalties. For instance, failure to comply with customs regulations can result in fines or even imprisonment, depending on the severity of the breach. The maximum penalties for breaches of the Customs Act can vary significantly, depending on the nature and extent of the violation, but can include substantial fines and lengthy imprisonment terms for more serious offences.