STATUTORY RULES.
1957. No. 19.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1954 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1950.*
I, 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 1901-1954 and the Commerce (Trade Descriptions) Act 1905-1950.
Dated this 16th day of May, 1957.
W. J. Slim
Governor-General.
By His Excellency’s Command,
Minister of State for Primary Industry and for and on behalf of the Minister of State for Customs and Excise.
Amendments of the Exports (Dairy Produce) Regulations.†
Interpretation.
1. Regulation 4 of the Exports (Dairy Produce) Regulations is amended—
(a) by omitting from the definition of “dairy produce” in sub-regulation (1.) the words “milk fat” and inserting in their stead the word “milk”;
(b) by omitting from that sub-regulation the definition of “Eastern destination” and inserting in its stead the following definition:—
“‘egg product’ means dried egg, sugared dried egg or frozen liquid egg;”;
(c) by omitting from that sub-regulation the definition of “registered word” and inserting in its stead the following definition:—
“‘registered word’ means a word or combination of words allotted to an export establishment under these Regulations for use on choicest quality butter or on eggs in shell or egg products;”; and
(d) by omitting from that sub-regulation the definitions of “the Department” and “the Minister” and inserting in their stead the following definitions:—
“‘the Department’ means the Department of Primary Industry;
‘the Minister’ means the Minister of State for Primary Industry;”.
* Notified in the Commonwealth Gazette on , 1957.
† Statutory Rules 1955, No. 18 as amended by Statutory Rules 1955, No. 37 and 1956, Nos. 12 and 119.
489/57.—Price 5d. 9/22.2.1957.
2. Regulation 5 of the Exports (Dairy Produce) Regulations is repealed and the following regulation inserted in its stead:—
Application of Regulations.
“5. These Regulations apply to and in relation to all dairy produce (including dairy produce that is imported into Australia) other than—
(a) ships’ stores brought to or shipped in Australia;
(b) dairy produce that is not, in the opinion of the Secretary, produced or manufactured in Australia; and
(c) dairy produce that is imported into Australia and held in bond.”.
Exportation of dairy produce prohibited except subject to conditions.
3. Regulation 7 of the Exports (Dairy Produce) Regulations is amended by omitting from paragraphs (b) and (h) of sub-regulation (1.) the words “the Secretary” and inserting in their stead the words “an officer”.
Exportation of dairy produce prohibited unless trade description applied.
4. Regulation 9 of the Exports (Dairy Produce) Regulations is amended by omitting sub-regulation (2.).
Trade description.
5. Regulation 10 of the Exports (Dairy Produce) Regulations is amended—
(a) by omitting paragraphs (d), (e) and (f) of sub-regulation (1.) and inserting in their stead the following paragraphs:—
“(d) contain the registered number of the export establishment in which the dairy produce was prepared or manufactured; and
(e) in the case of manufactured goods, contain the date of manufacture.”;
(b) by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—
“(2.) The particulars referred to in paragraphs (d) and (e) of the last preceding sub-regulation may be marked by a code mark, if the key to the code is made available to the officer inspecting the dairy produce.
“(3.) The trade description of dairy produce may, in addition to the particulars required in accordance with sub-regulation (1.) of this regulation, contain either the name or the registered brand, or both the name and the registered brand, of the manufacturer, producer, exporter or consignee”; and
(c) by omitting from sub-regulation (7.) the words “packed from butter”.
Registration of export establishments.
6. Regulation 13 of the Exports (Dairy Produce) Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—
“(3.) The Secretary shall allot to each premises so registered a number, and, where the premises are registered in respect of butter, eggs in shell or egg products, may allot a word or a combination of words for use on choicest quality butter or on eggs in shell or egg products, as the case requires.”.
7. After regulation 13 of the Exports (Dairy Produce) Regulations, the following regulation is inserted:—
Dairy produce deemed to be prescribed goods.
“13a. For the purposes of section 5 of the Commerce (Trade Descriptions) Act 1905-1950, dairy produce shall be deemed to be prescribed goods.”.
8. Regulation 22 of the Exports (Dairy Produce) Regulations is repealed and the following regulation inserted in its stead:—
Registration as a trade mark necessary.
“22. A brand shall not be registered under these Regulations unless it is registered as a trade mark under the Trade Marks Act 1905-1948 in respect of the goods to which it is to be applied as a brand and the applicant is the registered proprietor or registered user of the trade mark.”.
Fee for officer’s services.
9. Regulation 30 of the Exports (Dairy Produce) Regulations is amended—
(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—
“(1.) Whenever, at the request of a person, the services of an officer are made available to the person for the purposes of these Regulations before or after the official hours or on a Sunday or holiday, that person shall, subject to sub-regulation (3.) of this regulation, be charged for those services a fee of Fifteen shillings per hour or part of an hour.”; and
(b) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—
“(4.) In this regulation—
‘holiday’ means a day observed as a holiday in the Public Service of the Commonwealth under section 76 of the Public Service Act 1922-1955;
‘officer’ has the same meaning as in section 4 of the Customs Act 1901-1954.”.
Second Schedule—item 1.
10. Item 1 of the Second Schedule to the Exports (Dairy Produce) Regulations is amended—
(a) by omitting paragraph 1 in the second column and inserting in its stead the following paragraph:—
“1. Subject to the next three succeeding paragraphs, the butter shall contain—
(a) not less than 80 parts per centum of butter fat; and
(b) not more than—
(i) 16 parts per centum of water;
(ii) 2 parts per centum of curd; and
(iii) 2 parts per centum of salt”;
(b) by omitting from paragraph 5 in the second column the word “Minister” and inserting in its stead the word “Secretary”;
(c) by omitting paragraphs 7 and 8 in the second column and inserting in their stead the following paragraphs:—
“7. The butter shall not—
(a) be graded at less than 83 points;
(b) be rancid;
(c) have been melted and re-worked or re-churned and re-worked, with or without the addition of milk, cream, water or any other substance;
(d) be, in the opinion of the officer by whom it is inspected and examined, unfit for export; or
(e) contain any milk fat derived from whey.
“8. The butter shall not, except with the approval of the Secretary, have been manufactured in premises in which margarine or fat (other than butter fat) is manufactured or stored.”;
(d) by omitting paragraph 10 in the second column and inserting in its stead the following paragraph:—
“10. Each box in which butter (other than tinned butter) is packed shall be lined with pure dry vegetable parchment paper or other
lining approved by the Secretary in such a manner as to preclude the butter from coming into direct contact with the box. Except in the case of fibreboard boxes, the top surface of the butter in each box shall be covered with a sheet of pure dry vegetable parchment paper (in this paragraph referred to as ‘the coverslip’) measuring 12 inches by 12 inches. The coverslip used in boxes containing choicest quality butter may have printed on it the words ‘Pure Australian Butter’. The coverslip used in boxes containing first quality butter may have printed on it the registered number of the export establishment at which the butter was manufactured and a word or words approved by the Secretary for use on the coverslip in boxes containing first quality butter. The whole of the markings on the coverslip shall be in open face letters and figures, printed in a manner approved by the Secretary.”;
(e) by omitting from paragraph 11 in the second column the word “all-Kraft”;
(f) by omitting sub-paragraph (j) from that paragraph and inserting in its stead the following sub-paragraph:—
“(j) The inside measurements of each box shall be as follows:—
Length—12⅛ inches;
Width—12⅛ inches;
Depth—11½ inches.”;
(g) by omitting from that paragraph all the words from and including the words “(s) A box into which” to and including the words “(b) A box into which any butter has previously been packed shall not be used again for the same purpose.” and inserting in their stead the words—
“B. Composite butter box and fibreboard box.
The boxes shall conform to the standard specification adopted by the Standards Association of Australia”; and
(h) by omitting from paragraph 3 in the third column the word “all-Kraft”.
Second Schedule—item 4.
11. Item 4 of the Second Schedule to the Exports (Dairy Produce) Regulations is amended—
(a) by omitting paragraphs 3, 4 and 5 in the second column and inserting in their stead the following paragraphs:—
“3. Acid casein, grade 1, or lactic casein, grade 1, shall contain not more than—.
(a) 2.5 parts per centum of fat;
(b) 12 parts per centum of water; or
(c) 3 parts per centum of ash.
It shall have a sweet odour and a colour not deeper than pale cream.
“4. Acid casein, grade 2, or lactic casein, grade 2, shall contain not more than—
(a) 4 parts per centum of fat;
(b) 12 parts per centum of water; or
(c) 4 parts per centum of ash.
It shall have a sweet odour or a faintly sour odour and a colour not deeper than slightly scorched.
“5. All grades of casein shall, in the opinion of an officer, be free or practically free of charred particles and extraneous matter.”; and
(b) by adding at the end of the third column the following paragraph:—
“3. The trade description shall include a statement of the grade of the casein.”.
Second Schedule—item 5.
12. Item 5 of the Second Schedule to the Exports (Dairy Produce) Regulations is amended—
(a) by omitting from paragraph 14 in the second column the words “42 parts per centum of water and not less than 48” and inserting in their stead the words “45 parts per centum of water and not less than 45”;
(b) by omitting from sub-paragraph (g) of paragraph 24 in the second column the word “two-piece” and inserting in its stead the words “not more than three”;
(c) by omitting from sub-paragraph (m) of that paragraph the words “the Secretary” and inserting in their stead the words “an officer”; and
(d) by omitting from sub-paragraph (d) of paragraph 1 in the third column the words “7/8 inch high” and inserting in their stead the words “one inch high”.
Second Schedule—item 6.
13. Item 6 of the Second Schedule to the Exports (Dairy Produce) Regulations is amended—
(a) by inserting, after paragraph 1 in the second column, the following paragraph:—
“1a. The cream shall be pasteurized or sterilized.”; and
(b) by inserting in the third column the following paragraph:—
“1. The trade description shall state whether the cream is pasteurized or sterilized.”.
Second Schedule—item 7.
14. Item 7 of the Second Schedule to the Exports (Dairy Produce) Regulations is amended by omitting paragraph 4 in the third column and inserting in its stead the following paragraph:—
“4. The trade description applied to dried egg shall be applied in accordance with design No. 2 in the Fifth Schedule and may include an appropriate registered word placed immediately above the design. An appropriate registered word so included shall be in condensed type sans serif capital letters ½ inch high, 1/16 inch thick and spaced ⅛ inch apart, with no letter being more than ⅜ inch wide.”;
Second Schedule—item 8.
15. Item 8 of the Second Schedule to the Exports (Dairy Produce) Regulations is amended by omitting paragraph 1 in the third column and inserting in its stead the following paragraph:—
“1. The trade description applied to sugared dried egg shall be applied in accordance with design No. 2 in the Fifth Schedule and may include an appropriate registered word placed immediately above the design. An appropriate registered word so included shall be in condensed type sans serif capital letters ½ inch high, 1/16 inch thick and spaced ⅛ inch apart, with no letter being more than ⅜ inch wide.”;
Second Schedule—item 9.
16. Item 9 of the Second Schedule to the Exports (Dairy Produce) Regulations is amended—
(a) by omitting paragraph 9 in the second column and inserting in its stead the following paragraph:—
“9. Where the tins are packed in fibreboard containers, the board used shall be approved by an officer.”; and
(b) by omitting paragraph 3 in the third column and inserting in its stead the following paragraph:—
“3. The trade description applied to frozen liquid egg shall, be applied in accordance with design No. 2 in the Fifth Schedule and may include an appropriate registered word placed immediately
above the design. An appropriate registered word so included shall be in condensed type sans serif capital letters ½ inch high, 1/16 inch thick, and spaced ⅛ inch apart, with no letter being more than ⅜ inch wide.”.
Second Schedule—item 10.
17. Item 10 of the Second Schedule to the Exports (Dairy Produce) Regulations is amended—
(a) by omitting from paragraph 7 in the second column the words “Eastern destinations” and inserting in their stead the words “destinations approved by the Secretary”;
(b) by omitting paragraph 9 in the second column and inserting in its stead the following paragraph:—
“9. Unless the Secretary otherwise approves, the eggs shall have been subjected to treatment with an approved white, odourless and tasteless mineral oil before being submitted for export.”; and
(c) by omitting paragraph 4 in the third column and inserting in its stead the following paragraph:—
“4. The trade description applied to eggs in shell shall be applied in accordance with design No. 1 in the Fifth Schedule and may include an appropriate registered word placed immediately above the design. An appropriate registered word so included shall be in condensed type sans serif capital letters ½ inch high, 1½ inch thick, and spaced ⅛ inch apart, with no letter being more than ⅜ inch wide.”.
Second Schedule—item 13.
18. Item 13 of the Second Schedule to the Exports (Dairy Produce) Regulations is amended by omitting paragraphs 1 and 2 in the second column and inserting in their stead the following paragraphs:—
“1. The margarine shall not contain—
(a) any oil or other matter not necessary for the manufacture of the margarine;
(b) any fat obtained from diseased stock;
(c) more than 10 parts per centum of milk fat;
(d) more than 16 parts per centum of water;
(e) more than 3 parts per centum of salt (except that not more than 4 parts per centum of salt may be included in shipments to a place which accepts that percentage of salt);
(f) any added colouring matter; or
(g) any substance which in the opinion of the Minister is harmful to health.
“2. Notwithstanding the provisions of the last preceding paragraph, the Minister may permit the use of harmless colouring matter approved by him in margarine exported to countries which permit the importation of margarine containing harmless colouring matter.”.
Second Schedule—item 17.
19. Item 17 of the Second Schedule to the Exports (Dairy Produce) Regulations is amended—
(a) by omitting paragraph 7 in the second column and inserting in its stead the following paragraph:—
“7. Dried skimmed milk shall consist of dried machine skimmed milk which contains not more than 4 parts per centum of milk fat, not more than 5 parts per centum of water, and no matter foreign to milk other than harmless colouring matter approved by the Secretary.”; and
(b) by inserting in paragraph 1 in the third column, after the words “Dried Skimmed Milk”, the words “(or ‘Non Fat Milk-Solids’)”.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.