EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 114
Issued by the Authority of the Minister for Primary Industry
EXPORTS (FISH) REGULATIONS (AMENDMENT)
The Exports (Fish) Regulations are made pursant to the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905 and prescribe the conditions and restrictions with which the fish for export must comply. They aim at seeing that fish for export is sound, properly packaged and labelled and has been handled and processed in an efficient and hygienic manner.
The Regulations are being amended to make allowance for recent developments in an export trade in fish caught and landed by foreign fishing vessels and to provide the legislative support for the administration of the provision by modifying and adapting current export documents.
The amending Regulations also:
- specify the categories of fish that are, and the degree to which they are, exempt from the Regulations (Regulations 3 and 5)
- delete the requirement that forms specified in the Second Schedule to the Regulations should be used; this will facilitate the adoption of the standard system of aligned export documents now widely used by government and private enterprise and improved document procedures. The information to be provided in documentation is now to be specified in the body of the regulations rather than in the form prescribed (Regulation 2, 10 and 19)
- prescribe information to be provided by persons seeking the registration of premises as an export establishment and/or an appointed place and information to be provided on Certificates of Registration of Premises by the Department (Regulation 8)
- extend the existing system to require export permits for all categories of fish exports (with the exception of ship’s and aircraft stores) to facilitate the handling of documents by Customs, in particular, the clearance for exports of fish from foreign fishing vessels (Regulation 3 and 14)
- omit certain obsolete provision relating to trade descriptions in relation to net contents and consignee’s brands (Regulation 6)
- include technical and consequential amendments to ensure current scientific nomenclature of fish is used, legislation is cited in accordance with present practice and other formal amendments (Regulation 1, 4, 5, 7, 9, 11, 12, 13, 15, 16, 17, 18 and 19).
Fish landed in Australia from a licensed foreign fishing boat is to be exempted from compliance with Australian standards provided that the fish has not been processed in any way since its importation and it not labelled in any way other than to identify production details (such as size and batch).