Customs Regulations (Amendment)

Legislation au C1923L00132 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1923. No. 132.

REGULATIONS UNDER THE CUSTOMS ACT 1901-1923

I, THE DEPUTY OF 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, to come into operation on the first day of November, One thousand nine hundred and twenty-three.

Dated this twenty-first day of September, 1923.

W. H. IRVINE,

Deputy of the Governor-General.

By His Excellency’s Command,

AUSTIN CHAPMAN,

Minister of State for Trade and Customs.

Amendment of the Customs Regulations.

(Statutory Rules 1921, No. 206, as amended by Statutory Rules 1922, Nos. 6 and 21, and Statutory Rules 1923, No. 59).

Regulation 154 I. of the Customs Regulations is repealed, and the following regulations inserted in its stead:—

“ Fruit (Fresh) .

Packing.

154. I. Apples or pears intended for export shall be packed in accordance with the following provisions:—

(a) The fruit shall be packed only in cases or trays of the following dimensions:—

Cases for Apples on Pears.


Description of Case.	Internal Measurements (Inches).
Australian bushel.....................		18 × 14¼ × 8⅔
Canadian bushel......................		20 × 10 × 11⅛
Flat bushel.........................		26 × 14¼ × 6 (clear of divisions)
Canadian standard....................		18 × 10½ × 11½
Three-quarter flat bushel................		24 × 11¾ × 6 (clear of divisions)
Australian half bushel..................		18 × 8⅔ × 7⅛
Half flat bushel......................		26 × 7⅛ × 6 (clear of divisions).

Trays for Pears.

Internal Measurements (Inches).

18 × 3¼ × 14¼ or

18 × 2⅞ × 14¼ or

18 × 2½ × 14¼

Provided that those dimensions may show a variation to the extent of not more than 10 per centum (that is, 5 per centum under or 5 per centum above) on the total cubic capacity of the case.

(b) The fruit shall be packed in clean, new cases constructed of well-seasoned softwood or hardwood that has been smoothly sawn or dressed in an approved manner, and, in the opinion of the Collector, sufficiently strong to withstand such handling as is ordinarily incidental to transport to destinations beyond the Commonwealth.

Grade Standards.

154. Ia. Apples or pears intended for export shall comply with the following provisions:—

(a) The outer layers or shown surfaces of the apples or pears— whether described as ‘ Special ’, ‘Standard ’, or ‘Plain’— shall be a true indication of the average grade of the contents of the case.

(b) Apples or pears described as ‘Special’ shall consist of sound, clean, well-formed apples or pears of one size or one variety free from broken skins and from disease. Superficial blemishes caused by hallmarks, limb-rubs, and sprays shall not be allowed to a greater extent than 5 per centum (by number) of the total fruit in any case. The fruit shall not measure less than two and one-quarter inches in diameter, and shall be of good colour for the variety.

(c) Apples or pears described as ‘Standard’ shall consist of sound, clean, well-formed apples or pears of one size and one variety, free from broken skins and from serious blemishes, but fruit slightly blemished by rubbing, black-spot, fungus, or caterpillars may be exported, provided that—

(i) the proportion of such fruit does not exceed 10 per centum (by number) of the apples or pears in any case,

(ii) no one of the four blemishes mentioned is found on more than 5 per centum (by number) of the apples or pears in any case, and

(iii) the total area covered by such blemishes on any apple or pear does not exceed the area contained in a circle having a diameter of one-quarter of an inch.

Russeting of the surface shall not be deemed to be a blemish if the skin is unbroken. The fruit shall be not less than two and one-quarter inches in diameter, except in the case of varieties, which, in the opinion of the Collector, may be regarded as normally small, in which case the fruit shall be not less than two inches in diameter.

(d) Apples or pears described as ‘Plain’ shall consist of apples or pears of one variety and one size, free from broken skins, and not seriously blemished or injured by any

disease, but fruit slightly blemished by rubbing, black-spot, fungus or caterpillars may be exported provided that—

(i) the proportion of such fruit does not exceed thirty per centum (by number) of the apples or pears in any case,

(ii) no one of the four blemishes mentioned is found on more than ten per centum (by number) of the apples or pears in any case, and

(iii) the total area covered by such blemishes on any apple or pear does not exceed the area contained in a circle having a diameter of three-eighths of an inch.

Russeting of the surface shall not be deemed to be a blemish if the skin is unbroken. In the case of apples the diameter shall be not less than two inches.”

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

C. 13598.—Price 3d.

Overview

The Customs Act 1901-1923 was enacted to provide for the regulation of customs and excise duties and the control of goods entering and leaving Australia. This legislative instrument, Statutory Rules 1923 No. 132, was introduced by the Parliament of Australia to address the need for updated regulations governing the export of fruit, specifically apples and pears. The primary objective of these regulations is to ensure that the fruit meets certain quality standards and packaging requirements to maintain the integrity and marketability of Australian produce in international markets. The Regulations are designed to provide clear guidelines for the dimensions and construction of cases and trays used for packing apples and pears, as well as setting grade standards to ensure consistency and quality in exported fruit.

Scope and Application

This statutory regulation, issued under the Customs Act 1901-1923, pertains to the packing and quality standards for apples and pears intended for export from Australia. The regulation applies to all entities involved in the export of these fruits, including farmers, packers, and exporters, ensuring that their produce meets the specified standards before it can be shipped overseas. The geographic scope of this regulation is national, as it governs the export of fruits across Australia's borders. The regulation provides detailed specifications for the dimensions of cases and trays in which the fruit must be packed, as well as the grade standards that the fruit must meet. These standards vary based on whether the fruit is described as ‘Special’, ‘Standard’, or ‘Plain’, with stricter requirements applying to higher-grade fruit. Additionally, the regulation allows for a certain degree of variation in the dimensions of the packing cases, provided that the total cubic capacity does not deviate by more than 10 per centum. The regulation also notes that it may be further extended or restricted by subordinate instruments, providing flexibility in its implementation and enforcement.

Key Provisions

The principal operative sections of these Regulations, as provided under the Customs Act 1901-1923, detail the specific requirements for packing and grading of apples and pears intended for export. Regulation 154 I outlines the permissible dimensions for cases and trays that must be used for packing these fruits, allowing for a variation of up to 10% in the total cubic capacity. Regulation 154 Ia further stipulates the grade standards for the fruits, distinguishing between ‘Special’, ‘Standard’, and ‘Plain’ categories, each with specific criteria regarding appearance, size, and allowable blemishes. The Regulations impose clear obligations on exporters to adhere to the specified packing dimensions and grade standards. Exporters must ensure that apples and pears are packed in cases or trays of the prescribed dimensions, constructed from approved materials, and that the outer appearance of the fruits accurately reflects their internal grade. This includes adhering to specific standards for blemishes and size, which vary depending on whether the fruits are classified as ‘Special’, ‘Standard’, or ‘Plain’. Failure to comply with these Regulations may result in various consequences. While the specific penalties are not detailed in the excerpt, under the Customs Act 1901-1923, breaches of customs regulations can lead to civil or criminal penalties, including fines and potential seizure of non-compliant goods. The precise penalties would depend on the nature and severity of the breach, as well as any additional provisions specified in the main Act or subsequent amendments.

Area of Law: International Trade Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Regulatory Standards; Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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