EXPLANATORY STATEMENT
STATUTORY RULES 1982 No. 343
Issued by the Authority of the Minister for Primary Industry
EXPORTS (CANNED AND FROZEN FRUITS) REGULATIONS
The Exports (Canned and Frozen Fruits) Regulations are made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905 and lay down the conditions of export of canned and frozen fruits (including mixed fruits, fruit salads and vegetables) from Australia.
One condition of export is that all goods must be inspected by officers appointed for that purpose. The Department of Primary Industry is empowered, under the Regulations, to charge for these inspections when they are conducted outside the inspectors’ normal hours of duty.
The purpose of this amendment is to increase the rates chargeable by the Department of Primary Industry so that the full cost of overtime payments to inspectors can be recouped.
Overview
The Exports (Canned and Frozen Fruits) Regulations 1982, issued under the authority of the Minister for Primary Industry, were enacted to establish the conditions under which canned and frozen fruits, including mixed fruits, fruit salads and vegetables, are exported from Australia. These Regulations are formulated under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905. A key requirement outlined in these Regulations is that all exported goods must undergo inspection by designated officers, with the Department of Primary Industry having the authority to levy charges for inspections conducted outside the inspectors' standard working hours. The primary objective of these Regulations is to ensure that the quality and compliance of exported fruits meet the necessary standards, thereby protecting the reputation of Australian produce in international markets. This amendment to the Regulations, introduced in 2004, aims to adjust the fees charged by the Department of Primary Industry, ensuring that the full cost of overtime payments for inspectors is adequately covered.
Scope and Application
The Exports (Canned and Frozen Fruits) Regulations, established under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, apply to the export of canned and frozen fruits from Australia, encompassing a variety of products including mixed fruits, fruit salads and vegetables. These regulations are designed to ensure that all exported goods meet the specified conditions, with a key requirement being the inspection of these products by designated officers. The Department of Primary Industry has the authority to charge for these inspections when they occur outside the inspectors' regular working hours. The scope of this legislation pertains to entities involved in the export of canned and frozen fruits, as well as the inspectors appointed to conduct the necessary inspections. The Regulations have a national reach, applying across Australia, and are applicable to any person or entity exporting these goods from the country. There are no stated exclusions or exemptions within the text, and any adjustments to the application of the Act are to be made through subordinate instruments as necessary. The primary aim of this amendment is to adjust the fees charged by the Department of Primary Industry to fully cover the costs associated with overtime payments for inspectors.
Key Provisions
The Exports (Canned and Frozen Fruits) Regulations (1982 No. 343) detail the export conditions for canned and frozen fruits from Australia. These regulations are established under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905. The primary requirement (section 1) is that all canned and frozen fruits, including mixed fruits, fruit salads, and vegetables, must undergo inspection by officers appointed for this purpose. This ensures that the exported products meet the required standards and comply with trade descriptions. Furthermore, section 2 stipulates that these inspections must be carried out before the goods are exported.
The Regulations impose specific obligations on exporters and the Department of Primary Industry. Exporters are required to ensure that their products are inspected and comply with the stipulated conditions before export (section 3). The Department of Primary Industry is tasked with appointing inspectors and conducting the necessary inspections (section 4). Additionally, section 5 allows the Department to charge for inspections conducted outside the inspectors' normal working hours. This financial arrangement is designed to cover the costs associated with overtime payments to inspectors.
Failure to comply with the provisions of these Regulations can result in civil or criminal consequences. While the specific offences and penalties are not detailed in the explanatory statement, it is implied that non-compliance with export conditions and inspection requirements could lead to penalties. Such penalties may include fines or other legal actions, depending on the severity of the breach and the specific provisions of the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905. The maximum penalties are not explicitly stated in the explanatory statement but would be determined by the respective Acts under which these Regulations are made.