STATUTORY RULES.
1965. No. 31.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1963 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-19-50.*
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 1901-1963 and the Commerce (Trade Descriptions) Act 1905-1950.
Dated this twelfth
day of March, 1965.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
(sgd.) C. F. ADERMANN
Minister of State for Primary Industry and for and on behalf
of the Minister of State for Customs and Excise.
Amendments of the Exports (Dried Fruits) Regulations.†
Second Schedule.
1. The Second Schedule to the Exports (Dried Fruits) Regulations is amended—
(a) by omitting from paragraph 1 in the second column of item 9a the figure and words “5 per centum” and inserting in their stead the figure and words “3 per centum”;
(b) by omitting from paragraph 1 in the second column of item 10 the figure and words “5 per centum” and inserting in their stead the figure and words “3 per centum”;
(c) by omitting from paragraph 1 in the second column of item 11 the figure and words “5 per centum” and inserting in their stead the figure and words “3 per centum”;
(d) by omitting from paragraph 2 in the second column of item 12 the figure and words “5 per centum” and inserting in their stead the figure and words “3 per centum”; and
(e) by omitting from paragraph 2 in the second column of item 13 the figure and words “5 per centum” and inserting in their stead the figure and words “3 per centum”.
* Notified in the Commonwealth Gazette on 18 March, 1965.
† Statutory Rules 1938, No. 115, as amended by Statutory Rules 1942, No. 28; 1946,No. 144; 1948, No. 30; 1950, No. 61; 1951, No. 131; 1952, No. 109; 1954, No. 44; 1956, Nos. 9 and 124; 1957, Nos. 17 and 37; 1958; No. 9; 1960, Nos. 36 and 84; 1961, No. 108; and 1963, No. 138.
2157/65.—Price 6d. 10/22.2.1965.
Second Schedule.
2. The Second Schedule to the Exports (Dried Fruits) Regulations is amended by omitting item 14 and inserting in its stead the following item:—
14. Currants—One Crown. | 1. The currants shall consist of dark coloured berries of good flavour, Tree from shotty and pin-head specimens and from all foreign matter. No package shall contain more than 40 per centum by number of red and unripe currants, nor more than 3 per centum by number of berries containing seeds. | 1. The trade description shall include the words “One Crown”. |
2. Where the currants are not size graded, the following riddles shall be used:— |
(a) dust riddle, 5/32 inch: and |
(b) buck riddle, 13/32 inch. |
3. Where the currants are graded into two sizes, the following riddles shall be used:— |
(a) dust riddle, 5/32 inch; |
(b) intermediate riddle, 9/32 inch; and |
(c) buck riddle, 13/32 inch. |
4. Where the currents are graded into three sizes, the following riddles shall be used:— |
(a) dust riddle, 5/32 inch: |
(b) intermediate riddle, 8/32 inch; |
(c) intermediate riddle, 9/32 inch; and |
(d) buck riddle, 13/32 inch. |
5. The currants which pass through an 8/32 inch riddle and over a 5/32 inch riddle shall consist of dark coloured currants of good bloom, flavour and texture for the size of the berries. |
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1965, No. 31, made under the Customs Act 1901-1963 and the Commerce (Trade Descriptions) Act 1905-1950, addresses the need for amendments to the Exports (Dried Fruits) Regulations. Enacted by the Governor-General, the regulations were made on the advice of the Federal Executive Council. This legislative instrument aims to update the quality standards and trade descriptions for dried fruits exported from Australia, specifically focusing on the allowable percentages of certain types of currants and the implementation of specific riddle sizes for grading. The objective is to maintain high standards in the export of dried fruits, ensuring consistency and quality for international trade.
Scope and Application
These regulations under the Customs Act 1901-1963 and the Commerce (Trade Descriptions) Act 1905-1950 amend the Exports (Dried Fruits) Regulations to modify the standards for dried fruits exported from Australia, specifically addressing the allowable percentages of certain types of currants. The amendments primarily target the reduction of allowable percentages from 5 per centum to 3 per centum for various items related to dried fruits. These changes are intended to ensure that the quality of exported dried fruits meets specified standards, particularly concerning the proportion of red and unripe currants and those containing seeds. The amendments apply to all entities and individuals involved in the export of dried fruits from Australia, thereby impacting industries and businesses engaged in such exports. These regulations have a national reach, operating within the framework of Commonwealth law, and apply to all territories and states within Australia. The regulations also specify detailed requirements for currants, including descriptions, riddle sizes for grading, and allowable percentages of various types of currants. These provisions aim to maintain the integrity and quality of exported dried fruits, ensuring they meet the standards set forth in the amended regulations.
Key Provisions
These Regulations, made under the Customs Act 1901-1963 and the Commerce (Trade Descriptions) Act 1905-1950, amend the Exports (Dried Fruits) Regulations to adjust the allowable percentages of certain types of dried fruits that can be present in exported shipments. Specifically, sections (1)(a) to (1)(e) of the Second Schedule reduce the permissible amount of certain types of dried fruits from 5% to 3%. Section (2) introduces new requirements for currants, stipulating that they must be dark coloured berries of good flavour, free from shotty and pin-head specimens, and foreign matter. The trade description must include the words "One Crown". Additionally, specific riddle sizes are prescribed based on the size grading of the currants, ensuring that the currants meet certain quality standards.
The obligations imposed by these Regulations are primarily directed at exporters of dried fruits, requiring them to ensure that their shipments comply with the specified percentages and quality standards. Exporters must also accurately describe their currants according to the prescribed trade descriptions and use the correct riddle sizes as per the grading of their currants. These requirements ensure that the quality and composition of exported dried fruits meet the standards set by the Regulations.
Breaches of these Regulations can result in various consequences. Under the Customs Act 1901-1963, non-compliance may lead to the seizure and forfeiture of the goods, as well as potential fines or other penalties imposed by the relevant authorities. Furthermore, under the Commerce (Trade Descriptions) Act 1905-1950, misleading or false trade descriptions can result in legal action, including fines and other civil penalties. The maximum penalties for offences under these Acts can vary, but they may include significant fines and, in some cases, imprisonment, depending on the severity and intent of the breach.