STATUTORY RULES.
1942. No. 28.
REGULATION UNDER THE CUSTOMS ACT 1901-1936 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933.
Dated this Twenty-eighth day of January, 1942.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for Commerce and for and on behalf of the Minister of State for Trade and Customs.
Amendment of the Exports (Dried Fruits) Regulations.†
Amendment of Second Schedule.
Items 15, 16, 17, 18 and 19 in the Second Schedule to the Exports (Dried Fruits) Regulations are amended by omitting from paragraph 1 in the second column opposite each of those items the figures “20/32” (wherever occurring) and inserting in their stead the figures “18/32”.
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1938, No. 115.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
124.—20/9.1.1942.—Price 3d.
Overview
The Statutory Rules of 1942 No. 28, enacted under the authority of the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933, address a specific gap in the regulation of exports of dried fruits. This regulation was introduced by the Governor-General, acting on the advice of the Federal Executive Council, to refine the standards and specifications for dried fruit exports, thereby ensuring compliance with national and international trade standards. The primary objective of this regulation is to update and standardise the measurements for certain dried fruits in the Second Schedule of the Exports (Dried Fruits) Regulations, improving the clarity and precision of export requirements. This legislative instrument aims to maintain the integrity and quality of Australian dried fruit exports by establishing consistent trade descriptions and measurements.
Scope and Application
This Statutory Rule, issued in 1942, amends the Exports (Dried Fruits) Regulations under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933, impacting the export of dried fruits from Australia. The regulation specifically targets items 15 to 19 in the Second Schedule, altering the size specifications from "20/32" to "18/32". This adjustment pertains to the physical dimensions of dried fruits as they are exported, thereby affecting the industry involved in the exportation of such produce. The regulation's reach is national, governing the standards and requirements for dried fruit exports across the Commonwealth of Australia. There are no stated exclusions or exemptions within the text of this particular Statutory Rule, meaning it applies comprehensively to all entities and persons involved in the export of dried fruits as specified. The application of this regulation may be further detailed or extended through subordinate instruments, but these are not specified in the provided text.
Key Provisions
The main operative sections of this legislative instrument are the amendments made to the Exports (Dried Fruits) Regulations (Second Schedule, items 15, 16, 17, 18 and 19), which pertain to the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933. Specifically, these amendments involve the alteration of the size specifications for dried fruits, changing the measurement from "20/32" to "18/32" in the second column of the Second Schedule (Section 124). This means that any regulations governing the export of dried fruits must now adhere to the new size specification.
These amendments impose obligations on parties and entities involved in the export of dried fruits to comply with the newly specified size measurements. Importers, exporters, and other stakeholders must ensure that their dried fruits meet the updated criteria to avoid any breaches of the regulations. The amendments are designed to standardise the export criteria, ensuring consistency and compliance with the regulations.
Failure to comply with the provisions of this regulation could result in civil or criminal consequences, although specific penalties are not detailed within the text. Typically, breaches of regulations under the Customs Act or the Commerce (Trade Descriptions) Act could lead to fines or other penalties as prescribed by the respective acts. The maximum penalties can vary widely depending on the nature and severity of the breach, and are usually outlined in the primary legislation or related regulations. Parties found in violation of these standards may also face legal action, which could include court orders or other remedies to enforce compliance.
In summary, these amendments to the Exports (Dried Fruits) Regulations require adherence to a new size specification for dried fruits exported from Australia. The updated regulations impose obligations on relevant parties to ensure compliance with these standards. Breaches of these provisions may result in civil or criminal penalties, although the exact penalties are not specified within this legislative instrument.