Exports (Dried Fruits) Regulations (Amendment)

Overview

Statutory Rules 1967 No. 121, made under the Customs Act 1901-1967 and the Commerce (Trade Descriptions) Act 1905-1966, was enacted to address specific amendments within the Exports (Dried Fruits) Regulations. This legislative instrument was introduced by the Governor-General, acting on the advice of the Federal Executive Council, aiming to refine the standards for dried fruit exports. The Second Schedule to the Exports (Dried Fruits) Regulations was amended to adjust the permissible limits of insect infestation in dried fruits, changing the figures from “6/32” to “5/32” in two specified sub-paragraphs. The objective of these amendments was to ensure that Australian dried fruit exports met stringent quality standards, enhancing their reputation and marketability on the international stage.

Scope and Application

This legislative instrument, Statutory Rules 1967 No. 121, made under the Customs Act 1901-1967 and the Commerce (Trade Descriptions) Act 1905-1966, pertains specifically to the amendments of the Exports (Dried Fruits) Regulations. It applies to entities engaged in the export of dried fruits, impacting their compliance with the specified standards and descriptions required under these Acts. The geographic reach of this regulation is national, as it operates within the framework of Commonwealth legislation, ensuring uniform standards across all states and territories of Australia. The regulation modifies specific technical criteria concerning the allowable mesh size for dried fruits, thereby directly affecting exporters of such products. Exclusions, exemptions, or specific thresholds are not explicitly stated in the provided text, but the focus remains on the technical adjustments to regulatory standards rather than broader exemptions or exclusions. The application of this regulation may be extended or clarified through subordinate instruments that further elaborate on its implementation.

Key Provisions

The main operative sections of the Statutory Rules 1967 No. 121 pertain to amendments of the Exports (Dried Fruits) Regulations, specifically outlined in the Second Schedule (paragraphs 2 and 3 of item 11). These sections adjust the allowable tolerances for certain parameters within the dried fruits exported from Australia. Specifically, they modify the figures from “6/32” to “5/32” in two distinct sub-paragraphs, affecting the allowable tolerances for the characteristics of the dried fruits. These changes aim to ensure that the standards set for the quality and composition of exported dried fruits are met more accurately, reflecting a tightening of the allowable deviations from the specified standards. The obligations and requirements imposed by these regulations on parties involved in the export of dried fruits include adhering to the updated tolerances as specified. Exporters must ensure that the dried fruits they export comply with the new standards set forth in the amended regulations. This involves rigorous quality control measures and adherence to the precise specifications regarding the fruits’ characteristics. The regulations necessitate that any exported dried fruits meet the stipulated standards to avoid any legal repercussions or penalties for non-compliance. The potential consequences for breach of these regulations are outlined in the Customs Act 1901-1967 and the Commerce (Trade Descriptions) Act 1905-1966. Any party found to be in violation of these regulations may face both civil and criminal penalties. Civil penalties could include fines, while criminal penalties might involve imprisonment, depending on the severity and intent behind the breach. The exact penalties are not specified in the statutory rules but are governed by the overarching acts, which provide a framework for determining the appropriate sanctions for non-compliance.