Statutory Rules
1978 No. 42
REGULATIONS UNDER THE CUSTOMS ACT 1901 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905.
Dated this sixteenth day of March 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
IAN SINCLAIR
Minister of State for Primary Industry and for and on behalf of the Minister of State for Business and Consumer Affairs
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AMENDMENTS OF THE EXPORTS (CANNED AND FROZEN FRUITS) REGULATIONS†
Repeal
1. Regulation 3 of the Exports (Canned and Frozen Fruits) Regulations is repealed.
Interpretation
2. Regulation 4 of the Exports (Canned and Frozen Fruits) Regulations is amended by omitting from sub-regulation (1) the definition of “ analyst ” and substituting the following definition:
“ ‘ analyst ’ means a person who holds, or is to be deemed to hold, office as an analyst under sub-regulation 24 (1);”.
Analysts
3. Regulation 24 of the Exports (Canned and Frozen Fruits) Regulations is amended by inserting after sub-regulation (1) the following sub-regulation:
* Notified in the Commonwealth of Australia Gazette on 22 March 1978.
† Statutory Rules 1954, No. 101 as amended by Statutory Rules 1955, Nos. 20 and 50; 1956, Nos. 10, 42 and 125; 1957, No. 33; 1960, Nos. 2 and 34; 1963, No. 136; 1964, No. 54; 1966, No. 45; 1968, No. 57; 1969, No. 29; 1974, No. 231; and 1977, No. 249.
“ (1a) The person for the time being occupying, or performing the duties of—
(a) the office of Assistant Secretary in the Analytical Services Branch in the Department of Science; or
(b) an office in the Analytical Services Branch in the Department of Science the designation of which includes the word ‘ Science ’,
shall be deemed to have been appointed to be an analyst under sub-regulation (1).”.
Overview
The Statutory Rules 1978 No. 42, enacted under the authority of the Governor-General of the Commonwealth of Australia, introduces amendments to the Exports (Canned and Frozen Fruits) Regulations. These regulations were made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, and aim to address inconsistencies and updates required in the regulatory framework governing the export of canned and frozen fruits. This legislative instrument seeks to refine the definition and appointment process for analysts involved in the regulatory oversight of these exports. The objective is to ensure that the regulatory framework remains effective and responsive to the needs of the industry, while maintaining high standards in the export of Australian fruits. The regulations were made with the advice of the Federal Executive Council and on behalf of the relevant ministers, highlighting the collaborative approach taken to enact these amendments.
Scope and Application
The Statutory Rules 1978 No. 42 made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905 are applicable to individuals and entities involved in the export of canned and frozen fruits, specifically amending the Exports (Canned and Frozen Fruits) Regulations. These regulations pertain to the appointment and duties of analysts responsible for testing and certifying the quality of exported canned and frozen fruits, thereby ensuring compliance with trade standards and regulations. The amendments extend to the geographic reach of the Commonwealth of Australia, applying uniformly across the nation. The regulations do not specify any exclusions or exemptions, meaning all entities exporting canned and frozen fruits are subject to these provisions unless otherwise detailed in subordinate instruments. The amendments redefine the role of analysts and their appointments, potentially impacting how quality control and certification processes are administered within the relevant departments.
Key Provisions
The primary operative sections of these Regulations under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905 focus on amending existing provisions related to the Exports (Canned and Frozen Fruits) Regulations. Regulation 3 is repealed (s. 1), while Regulation 4 is amended to redefine "analyst" (s. 2). Additionally, Regulation 24 is amended to include new sub-regulations that deem certain officials within the Department of Science to be analysts (s. 3).
These Regulations impose specific obligations on parties involved in the export of canned and frozen fruits. The amendments clarify the role of analysts in the regulatory process, ensuring that the designated officials within the Department of Science are recognised as qualified to perform analysis as required by the Regulations. This is intended to streamline the process and ensure that the necessary expertise is available for the enforcement of the Regulations.
The Regulations do not explicitly outline offences, penalties, or consequences for breaches. However, given the context of the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, it can be inferred that any non-compliance with the Regulations could potentially lead to legal action under these Acts. Such actions might include fines, seizure of goods, or other civil or criminal penalties as deemed appropriate by the courts. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the primary Acts.