Statutory Rules
1980 No. 198
REGULATIONS UNDER THE CUSTOMS ACT 1901 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 19051
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 eighth day of July 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
PETER NIXON
Minister of State for Primary Industry and for and on behalf of
the Minister of State for Business and Consumer Affairs
Amendments of the Exports (Dried Fruits) Regulations2
Schedule 1
1. Schedule 1 to the Exports (Dried Fruits) Regulations is amended by inserting after paragraph 4 the following paragraph:
“4A. Subject to paragraph 5B and Schedule 4, the dried fruits shall be clean.”.
Schedule 4
2. Schedule 4 to the Exports (Dried Fruits) Regulations is amended —
(a) by omitting that part headed —
“DEFECTS — SULTANAS AND NATURAL SULTANAS”
and substituting the following:
DEFECTS
PART I
SULTANAS AND NATURAL SULTANAS
First Column Defects | Second Column Seven Crown | Third Column Six Crown Five Crown Natural Fancy Quality, Natural Choice Quality | Fourth Column Four Crown Three Crown Natural Standard Quality | Fifth Column Two Crown One Crown |
Pieces of stalk per 7.5 kg not exceeding 15 mm in length | 1 | 1 | 1 | 1 |
Pieces of stalk per 7.5 kg exceeding 15 mm in length | Nil | Nil | Nil | Nil |
Cap stems, by number | 0.25% | 0.25% | 0.25% | 0.25% |
Immature and undeveloped berries, by number | 0.5% | 1% | 2% | 3% |
Damaged berries, by number | 0.5% | 1% | 2% | 3% |
Berries that have mould exceeding 0.125 of the surface area of each berry, by number | 0.5% | 1% | 1% | 2% |
Other visible foreign matter | Nil | Nil | Nil | Nil |
(b) by omitting —
“DEFECTS — CURRANTS”
and substituting —
“PART II
CURRANTS”;
(c) by omitting —
“DEFECTS — LEXIAS”
and substituting —
“PART III
LEXIAS”;
(d) by omitting —
“DEFECTS — DRIED APRICOT HALVES AND SLABS AND DRIED NECTARINES”
and substituting —
“ PART IV
DRIED APRICOT HALVES AND SLABS
AND DRIED NECTARINES”;
(e) by omitting —
“DEFECTS — DRIED PEACHES UNPEELED”
and substituting”
“ PART V
DRIED PEACHESUNPEELED”; and
(f) by omitting —
“DEFECTS — DRIED PEARS UNPEELED AND UNCORED”
and substituting —
“ PART VI
DRIED PEARS UNPEELED AND UNCORED”.
1. Notified in the Commonwealth of Australia Gazette on 15 July 1980.
2. Statutory Rules 1938 No. 115 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 126 and see also Statutory Rules 1980 No. 126.
Overview
Statutory Rules 1980 No. 198, made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, was enacted to amend the Exports (Dried Fruits) Regulations, specifically addressing quality standards for dried fruits exported from Australia. This legislative instrument was introduced to ensure that dried fruits meet certain cleanliness and defect criteria, thereby maintaining the quality and reputation of Australian exports in the international market. The regulations were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, with the intent of establishing clear, enforceable standards that protect consumer interests both domestically and abroad. The policy objective was to standardise and improve the quality of dried fruits exported from Australia, ensuring they meet the necessary health and quality benchmarks.
Scope and Application
The Statutory Rules 1980 No. 198, made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, specifically amend the Exports (Dried Fruits) Regulations to update the standards and requirements for dried fruits exported from Australia. This legislative instrument applies to entities and persons involved in the export of dried fruits, including sultanas, natural sultanas, currants, lexias, dried apricot halves and slabs, dried nectarines, dried peaches unpeeled, and dried pears unpeeled and uncored. The regulations govern the permissible levels of defects and foreign matter in these dried fruits to ensure they meet quality standards before export. These regulations have a national reach, applying across the Commonwealth of Australia. The application of these regulations is not restricted by any specific exclusions, exemptions, or thresholds as outlined in the text. The detailed amendments to Schedule 1 and Schedule 4 provide specific defect limits and quality standards that must be adhered to by exporters. The application of these regulations may be further extended or restricted through subordinate instruments, ensuring that the standards remain current and effective in maintaining the quality of Australian dried fruit exports.
Key Provisions
The key operative sections of the Statutory Rules 1980 No. 198 amend the Exports (Dried Fruits) Regulations under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905. Specifically, the amendments introduce new quality standards for dried fruits exported from Australia (Schedule 1, item 1). Additionally, the regulations revise the acceptable levels of defects in various types of dried fruits, including sultanas, currants, lexias, dried apricot halves and slabs, dried nectarines, dried peaches unpeeled, and dried pears unpeeled and uncored (Schedule 4, items 2(a) to 2(f)). These amendments are designed to ensure that exported dried fruits meet specified quality standards, thereby maintaining Australia's reputation for high-quality produce.
The obligations imposed by these regulations primarily concern exporters of dried fruits. They must ensure that the dried fruits they export are clean and meet the specified defect levels outlined in Schedule 4. This includes adhering to the allowable number of pieces of stalk, cap stems, immature and undeveloped berries, damaged berries, and other visible foreign matter, depending on the type of dried fruit. Exporters must also ensure that any mould on the berries does not exceed 0.125 of the surface area of each berry. These standards are critical for maintaining the quality and safety of exported dried fruits, ensuring they meet international market requirements.
Failure to comply with these regulations can result in serious consequences. Under the Customs Act 1901, non-compliance may lead to the seizure of the goods at the border, preventing them from entering the importing country. This not only results in financial loss for the exporter but also potential damage to Australia's reputation in the international market. Additionally, under the Commerce (Trade Descriptions) Act 1905, severe non-compliance can lead to penalties, including fines and, in extreme cases, criminal charges. The maximum penalties for breaches of these acts can vary, but they are intended to enforce strict adherence to the stipulated quality and safety standards for exported goods.