Exports (Fish) Regulations

EXPORT (FISH) REGULATIONS.

Statutory Rules 1949, No. 54. (z)

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Exports (Fish) Regulations.

Parts.

2. These Regulations are divided into Parts, as follows:—

Part  I. —Preliminary.

Part  II. —General Provisions as to Exportation of Fish.

Part  III. —Trade Descriptions.

Part  IV. —Supervision, Inspection and Examination.

Part  V. —Registration of Brands.

Part  VI. —Miscellaneous.

(z) Made under the Customs Act 1901–1947 and the Commerce (Trade Descriptions) Act 1905-1933 on17th August, 1949; notified in the Gazette on 25th August, 1949.

Definitions.

3. —(1.) In these Regulations, unless the contrary intention appears—

“appointed analyst” means a person appointed to be an analyst under sub-regulation (1.) of regulation 33 of these Regulations and includes an analyst appointed for the purposes of the Customs Act 1901-1947;

“appointed place” means any premises registered under regulation 12 of these Regulations as an appointed place;

“approved” means approved by the Secretary;

“approved for export stamp” means a stamp in an approved form;

“containers” means all the principal coverings in which fish is contained;

“cooked fish” means fish which has been subjected to an approved heat treatment;

“export establishment” means any premises registered under regulation 12 of these Regulations as an export establishment;

“fish” means fish (including crustacea, oysters, other shell fish and all forms of marine animal life other than whales), whether fresh, frozen, canned, dried, cooked or processed in any way, or parts of any such fish, intended for export;

“frozen fish” means raw, cooked or processed fish which has been refrigerated;

“grader” means a person appointed to be a grader under regulation 7 of these Regulations;

“officer” means an officer as defined by section 3 of the Commerce (Trade Descriptions) Act 1905-1933;

“registered brand” means a brand registered in pursuance of Part V. of these Regulations;

“the Department” means the Department of Commerce and Agriculture;

“the Minister” means the Minister of State for Commerce and Agriculture;

“the Secretary” means the Secretary to the Department.

(2.) In these Regulations, any reference to a Schedule shall be read as a reference to a Schedule to these Regulations, and any reference to a Form shall be read as a reference to a Form contained in the Second Schedule.

Regulations do not apply to ships’ stores.

4. These Regulations shall not apply to ships’ stores brought to or shipped in Australia.

Delegation.

5.—(1.) The Secretary may, in relation to any particular matter or class of matters, by writing under his hand, delegate to any officer all or any of his powers or functions under these Regulations (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation.

(2.) Every delegation under this regulation shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Secretary.

Part II. —General Provisions as to Exportation of Fish.

Export of fish prohibited except subject to conditions.

6.— (1.) The exportation of fish is prohibited unless—

(a) the Secretary is satisfied that the fish has been prepared or processed in an export establishment;

(b) the conditions and restrictions (if any) specified in the second column of the First Schedule in relation to the name or description of the fish have been complied with;

(c) the exporter has obtained an export permit in accordance with these Regulations in respect of the fish;

(d) the approved for export stamp has been applied to the fish or the container of the fish; and

(e) the provisions of these Regulations have been complied with.

(2.) The provisions of paragraph (b) of the last preceding sub-regulation shall not apply to any fish in respect of which the Secretary certifies that, for the purposes of experiment, or on account of exceptional circumstances, it is desirable that that paragraph should not apply to that fish.

Graders

7.—(1.) The Secretary may appoint a person to be a grader.

(2.) A grader shall ensure that frozen fish is graded and packed in an export establishment in accordance with these Regulations.

Part III. —Trade Descriptions.

Export of fish prohibited unless trade description applied.

8.—(1.) Subject to this regulation, the exportation of fish is prohibited unless there is applied to the fish a trade description in accordance with these Regulations.

(2.) This regulation shall apply to fish which are imported into Australia, and are not held in bond, unless the Secretary is satisfied that the fish are not the produce of Australia.

Trade description.

9.—(1.) The trade description to be applied to any fish shall be in accordance with the provisions of this regulation and with the provisions (if any) specified in the third column of the First Schedule opposite to the name or description of the fish.

(2.) The trade description—

(a) shall be in the form of a principal label or brand affixed to the fish or to the containers of the fish in a prominent position and in a conspicuous and reasonably permanent manner;

(b) shall contain, in prominent and legible characters, a true description of the fish, together with the word “Australia”, and may include, in addition, the name of the State or Territory in which the fish was produced, prepared or processed;

(c) shall, subject to sub-regulations (3.) and (4.) of this regulation, include one, and may include both, of the following particulars, namely:—

(i) the name of the producer, processor or exporter;

(ii) the registered brand of the producer, processor or exporter;

(d) shall, except in the case of frozen fish, include the code number assigned to the export establishment in which the fish was prepared or processed and the letters “ex”; and

(e) shall, subject to sub-regulation (5.) of this regulation, specify the net weight of the fish.

(3.) The Secretary may, subject to such conditions as he thinks fit, permit the consignee’s brand to be included in the trade description in lieu of the registered brand of the producer, processor or exporter.

(4.) Where the producer or processor is not the exporter, the trade description shall include the name of the producer or the processor or his registered brand, unless the exporter sets forth in the notice of intention to export the name and address of the producer or the processor.

(5.) In the case of frozen fish the actual weight in any container shall be in excess of the marked net weight by not less than two and one half per centum of that marked net weight.

Trade description applies as at time of shipment.

10. The trade description to be applied to fish in pursuance of these Regulations shall have relation to the condition of the fish as at the time of shipment.

Trade descriptions and official marks not to be Interfered with.

11. A person shall not, except by the authority of an officer, remove, alter or interfere with a trade description marked on or applied to any fish which has been inspected by an officer.

Part IV. —Supervision, Inspection and Examination.

Registration of export establishment or appointed place.

12.—(1.) A person who is the owner or occupier of premises used for the preparation, processing or storage, or for the examination, of fish may apply to the Secretary, in accordance with Form 1, for the registration of those premises as an export establishment or as an appointed place, as the case may be.

(2.) Where the Secretary is satisfied that the premises are constructed, equipped and operated in an efficient and hygienic manner, and are in conformity with these Regulations, he may, subject to such conditions and restrictions as he thinks fit, register those premises as an export establishment or as an appointed place, as the case may be, and shall issue to the applicant a certificate of registration in accordance with Form 2 which shall specify—

(a) all operations which may be conducted in the premises to which it refers; and

(b) the condition and restrictions under which the registration is granted.

(3.) A certificate of registration shall, unless sooner cancelled, expire on the thirty-first day of December in the year in which it is issued, but may, on written application in accordance with Form 1, be renewed from time to time.

(4.) Where the Secretary is satisfied that a breach of the conditions or restrictions, subject to which an export establishment or appointed place has been registered, has been committed, he may cancel the registration of that export establishment or appointed place, as the case may be.

Export establishment or appointed place leased or sold.

13. If an export establishment or appointed place is leased or sold, the lessee or transferee shall not, without the approval of the Secretary, use the premises for any of the operations specified in the certificate of registration.

Export establishment to contain freezing chamber, &c.

14. An export establishment in which frozen fish is prepared, processed or stored shall—

(a) contain a chamber—

(i) where cooked fish is being prepared in the export establishment—capable of reducing the temperature of the fish to 10° Fahrenheit; or

(ii) where fish, other than cooked fish, is being prepared in the export establishment—capable of reducing the temperature of the fish to 20° Fahrenheit within ten hours after the fish has been placed in the chamber;

(b) contain—

(i) where cooked fish is being stored in the export establishment—at least one chamber capable of maintaining the fish at a reasonably constant temperature not exceeding 10° Fahrenheit; or

(ii) where fish, other than cooked fish, is being stored in the export establishment—at least one chamber (separate from the chamber referred to in the last preceding paragraph) capable of maintaining the fish at a reasonably constant temperature not exceeding 5° Fahrenheit;

(c) have approved instruments for measuring temperatures in each chamber;

(d) maintain a log of temperatures of each chamber recorded at intervals of not more than eight hours;

(e) have the floors and walls of the packing rooms solidly constructed to a height of not less than six feet of brick, masonry, concrete or other approved material rendered impervious and washable, all corners being well rounded out;

(f) have a satisfactory supply of suitable running water under pressure; and

(g) be equipped only with approved tables, benches, troughs, trays and other equipment which are capable of being sterilized.

Appointed place to contain storage chamber, &c.

15. An appointed place in which frozen fish is examined shall—

(a) contain at least one chamber—

(i) where cooked fish is examined—capable of maintaining the fish at a reasonably constant temperature not exceeding 10° Fahrenheit; or

(ii) where fish, other than cooked fish, is examined— capable of maintaining the fish at a reasonably constant temperature not exceeding 5° Fahrenheit;

(b) have approved instruments for measuring temperatures in each chamber;

(c) maintain a log of temperatures of each chamber recorded at intervals of not more than eight hours;

(d) be situated at or adjacent to a port from which shipment overseas commences; and

(e) provide suitable private facilities for examinations by officers.

Fish to be sent to appointed places.

16. Subject to these Regulations, all fish shall be sent to an appointed place in sufficient time before shipment to enable an officer to examine it.

Examination at places other than appointed places.

17. The Secretary may, in exceptional cases, permit the examination of fish to be made at a place other than an appointed place.

Transfer of frozen fish from export establishment.&c.

18. Whenever frozen fish is moved from an export establishment to another export establishment or to an appointed place, or from an appointed place to a vessel for shipment overseas—

(a) transportation facilities shall be such that the temperature of the fish shall not rise—

(i) in the case of cooked fish—above 23° Fahrenheit; and

(ii) in the case of fish other than cooked fish—above 18° Fahrenheit; and

(b) the fish shall be accompanied by a certificate, signed by the grader at the export establishment where the goods were packed, that the fish has been passed for export.

Shipping of frozen fish.

19. Frozen fish shall not be shipped in any vessel unless that vessel is equipped to hold the fish at a temperature not exceeding 10° Fahrenheit and unless the refrigerated hold has been adequately pre-cooled prior to loading.

Notice of Intention to move.

20. A person who intends to move frozen fish from an export establishment to another export establishment or to an appointed place shall, at least three clear working days before the day on which he intends to move the fish, lodge with an officer a notice, in duplicate, in accordance with Form 6.

Notice of Intention to export, and declaration.

21. A person who intends to export any fish shall, at least three clear working days before the proposed date of shipment, furnish to the Secretary a notice and declaration in accordance with Form 3.

False declarations.

22.— (1.) A person shall not make any false or misleading statement in any declaration furnished in pursuance of the last preceding regulation.

Penalty: Fifty pounds.

(2.) In any proceedings for an offence against the last preceding sub-regulation, a certificate signed by the Secretary or an Assistant

Secretary to the Department, certifying that the declaration was furnished in pursuance of the last preceding regulation and was made by the person by whom it purports to have been made, shall be prima facie evidence of the matters certified.

(3.) Judicial notice shall be taken of the signature to any certificate made under the last preceding sub-regulation, and of the fact that the person whose signature it purports to bear holds, or held at the time when the certificate was issued, the office of Secretary or Assistant Secretary to the Department.

Approved for export stamp to be applied.

23. Where an officer or grader is satisfied that fish has been prepared or processed in accordance with these Regulations he shall apply the approved for export stamp to that fish or the container of that fish.

Export permit and certificate as to examination of fish.

24.— (1.) When an officer has examined any fish and—

(a) the fish is marked in accordance with these Regulations; and

(b) the officer is satisfied that the conditions and restrictions applicable under these Regulations in respect of the fish have been complied with, he shall issue to the exporter an export permit in accordance with Form 4.

(2.) When the fish is brought to a wharf for shipment, the exporter shall deliver the export permit to the officer on duty at the ship by which the fish is to be exported.

(3.) When the officer is satisfied that the fish has been shipped in accordance with the provisions of these Regulations, the officer shall issue to the exporter a certificate of the condition of the fish in accordance with Form 5.

Fish may be re-examined and permit cancelled.

25.—(1.) If an officer has reasonable cause to think that, since the examination of any fish, the condition of the fish has changed, he may re-examine the fish, and if, having regard to the condition of the fish as disclosed by the re-examination, he is satisfied that—

(a) the containers are not marked in accordance with these Regulations; or

(b) any condition or restriction applicable under these Regulations has not been complied with,

he may cancel the export permit issued in respect of the fish.

(2.) Where an export permit has been cancelled under the last preceding sub-regulation, the exporter shall, if so required by an officer, forthwith surrender the permit to the officer.

Penalty: Fifty pounds.

Loading of frozen fish.

26. Frozen fish shall be loaded into an overseas vessel under the supervision of an officer.

Part V. —Registration of Brands.

Register of brands.

27. Subject to regulation 29 of these Regulations, the Secretary may register any brand as a brand which may be included in the trade description of fish, and shall keep a register of brands so registered.

Application to be accompanied by copies of brand.

28. An application for the registration of a brand shall be accompanied by seven copies of the brand.

Registration as trade mark necessary.

29. A brand shall not be registered under these Regulations unless it is registered as a trade mark under the Trade Marks Act 1905-1948, and the applicant is the registered proprietor of the trade mark.

Registration number.

30. The Secretary shall allot a number in respect of each registered brand, and that number may be applied to fish in conjunction with the brand.

Assignments and transmissions of trade marks to be notified.

31. Where a trade mark which is registered as a brand under these Regulations is assigned or transmitted, the assignee or transmitter shall give notice of the assignment or transmission to the Secretary.

Cancellation or brand where no longer registered as a trade mark.

32. Where a trade mark which is registered as a brand under these Regulations ceases to be registered as a trade mark, the Secretary shall cancel the registration of the brand.

Part VI. —Miscellaneous.

Analysts.

33.—(1.) The Minister may appoint any qualified person to be an analyst for the purposes of these Regulations.

(2.) All persons appointed to be analysts for the purposes of the Customs Act 1901-1947 shall, without further appointment, be analysts for the purposes of these Regulations.

Certificate of analysis.

34. A certificate given by an appointed analyst of the result of an analysis shall be prima facie evidence of the facts stated therein.

Fees for certificates.

35. A copy of a certificate of analysis relating to any fish may be supplied by the Secretary to the exporter of the fish—

(a) where the analysis is made at the instance of an officer for departmental purposes—upon payment of the sum of One shilling; and

(b) where the analysis is made at the request of the exporter desirous of obtaining the certificate—upon payment of the sum of Ten shillings and sixpence.

Inspection fees.

36.— (1.) Where, in pursuance of a request by the exporter, any fish is examined before or after official hours, or on any Sunday or holiday, there shall be charged, for the services of an officer for the purpose of examining the fish, a fee which shall, subject to sub-regulation (3.) of this regulation, be Six shillings and sixpence per hour or part thereof.

(2.) The time in respect of which the fee shall be charged shall include the time reasonably occupied by the officer in proceeding to and returning from the place where his attendance is required.

(3.) Where an officer is required to proceed on duty away from his ordinary station, the rate of charge to be made in respect of his services shall be fixed by the Minister.

THE SCHEDULES.

First Schedule.

First Schedule—continued.

first Schedule—continued.

First Schedule—continued.

_______________________

Second Schedule.

No Form 1.

Regulation 12.

Commonwealth of Australia.

Exports (Fish) Regulations.

APPLICATION FOR REGISTRATION OF PREMISES AS AN EXPORT ESTABLISHMENT OR AS AN APPOINTED PLACE.

To the Secretary,

Department of Commerce and Agriculture.

*Here insert full name of applicant.

†Here insert address.

‡Here insert name or description of premises.

§ Here insert operations to be conducted.

|| Strike out whichever is inapplicable.

I*

We* of†

hereby apply in pursuance of the Exports (Fish) Regulations for the registration of the‡ situated at

as an Export Establishment

in the State of Appointed Place

for the§ 

(b) that the said premises are constructed, equipped and operated in an efficient and hygienic manner.

Dated this day of 19   .

Signature (s) of applicant (s).

Form 2.

Certificate No. Regulation 12

Commonwealth of Australia.

Department of Commerce and Agriculture.

Exports (Fish) Regulations.

CERTIFICATE OF REGISTRATION

*Strike out whichever is inapplicable.

I hereby certify that subject to the conditions hereunder indicated the premises situated at in the State of

have been registered in the name of

as an Export Establishment * or as an Appointed Place* in which the following operations may be conducted: — and that the code number of the Export establishment is

This Certificate is granted subject to the conditions that operations will be conducted in accordance with the requirements prescribed by or under the Customs Act 1901-1947 and the Commerce (Trade Descriptions) Act 1905-1933, and that the registration will be liable to be cancelled in the event of a contravention of the Exports (Fish) Regulations or other applicable Regulations in force for the time being.

This Certificate will remain in force until 31st December, 19

Dated this day of , 19 , at

Secretary.

Form 3.

Regulation 21.

Commonwealth of Australia.

Exports (Fish) Regulations.

NOTICE OF INTENTION TO EXPORT FISH.

To the Secretary, 19

Department of Commerce and Agriculture.

Port of 

* Strike out whichever is inapplicable.

The fish has been delivered to the appointed place at

and may be Inspected on

I hereby declare—

†Insert name of owner.

(b) that the conditions and restrictions applicable in respect of the fish under the Exports (Fish) Regulations have been complied with; and

(c) that the fish is marked in the prescribed manner with the prescribed trade description.

(Signature of agent or owner.) Business address—

(Witness to signature of agent or owner.)

Certificate by Inspecting Officer.

I hereby certify—

(a) that the fish referred to above is marked in the prescribed manner with the prescribed trade description; and

(b) I am satisfied that the conditions and restrictions applicable in respect of the fish under the Exports (Fish) Regulations have been complied with.

Inspecting Officer.

/ /19

418 /51.—28.

Form 4.

Regulation 24.

Commonwealth of Australia.

Exports (Fish) Regulations.

EXPORT PERMIT.

Port of

Date 19

To the Officer of Customs,

Wharf.

The undermentioned fish to be shipped per is marked in prescribed manner with the prescribed trade description and the conditions and restrictions applicable in respect of the fish under the Exports (Fish) Regulations have been complied with-—

Officer of the Department of Commerce and Agriculture.

Shipped the above fish.

Officer of Customs.

Date , 19

Form 5.

Regulation 24.

Commonwealth of Australia.

Exports (Fish) Regulations.

CERTIFICATE AS TO CONDITION OF FISH.

This is to certify that of

branded and shipped per SS.

to on 19 have been packed in an exports establishment in compliance with the provisions of the Exports (Fish) Regulations, and that the fish is fit for human consumption.

Dated at in the State of

the day of 19

Officer of the Department of Commerce and Agriculture.

Form 6

Regulation 20.

Commonwealth of Australia

Exports (Fish) Regulations.

NOTICE OF INTENTION TO MOVE FROZEN FISH.

To the Department of Commerce and Agriculture,

Port of

*Strike out whichever is inapplicable.

†Indicate transport arrangements

Per†

on / /19