STATUTORY RULES.
1955. No. 51.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1954 AND
THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1950.*
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 1901-1954 and the Commerce (Trade Descriptions) Act 1905-1950.
Dated this nineteenth
day of July , 1955.
W. J. Slim
Governor-General.
By His Excellency's Command,
(Sgd) J. McEwen
Minister of (State for Commerce and Agriculture and for and on behalf of the Minister of State for Trade and Customs.
Amendments of the Exports (Fish) Regulations.†
1. After regulation 9 of the Exports (Fish) Regulations the following regulation is inserted:—
Serial number or code mark on containers.
"9a.—(1.) A person who, during a year, exports fish of a kind described in item 1, 2, 3, 4 or 5 of the First Schedule shall allot to each container containing the fish—
(a) a serial number, being one of a series of consecutive numbers commencing from one in that year; or
(b) where the person has lodged with the Secretary, under the next succeeding sub-regulation, a code of marks in accordance with which he proposes to identify containers containing fish of that kind exported by him during that year—a code mark in accordance with the code.
"(2.) Where a person proposes to export fish during a year, being fish of a kind described in item 1, 2, 3, 4 or 5 of the First Schedule, that person may, before he exports fish of that kind during that year, lodge with the Secretary a code of marks satisfactory to the Secretary, in accordance with which he proposes to identify containers containing fish of that kind exported by him during that year.
"(3.) In this regulation, 'year' means a period of one year commencing on the first day of July in any year.".
* Notified in the Commonwealth Gazette on , 1955
† Statutory Rules 1949, No. 54, as amended by Statutory Rules 1950. No. 38; 1951, Nos. 48 and 127; 1952, No. 105; and 1954. No. 43.
3068/55.—Price 3d. 9/16.6.1955.
The First Schedule.
2. The First Schedule to the Exports (Fish) Regulations is amended—
(a) by omitting the table m paragraph 4 in the second column of item 1 and inserting in its stead the following table:—
"Grade. | Net weight of each crayfish tail. |
Midget.............. | Less than 6 ounces. |
Small (S) ............ | Not less than 6 ounces and less than 8 ounces. |
Medium (M).......... | Not less than 8 ounces and less than 12 ounces. |
Large (L)............ | Not less than 12 ounces and not more than 16 ounces. |
Jumbo (J)............ | Over 16 ounces.": and |
(b) by omitting from the third column of items 1, 2, 3, 4 and 5 the words "the serial number of the container running consecutively from the beginning of each calendar year" and inserting in their stead the words" the serial number or code marks: allotted to the container in accordance with sub-regulation (1.) of regulation 9a of these regulations".
Printed for the Government of the Commonwealth by A. J. Arthur
at the Government Printing Office, Canberra.
Overview
Statutory Rules 1955 No. 51, Regulations under the Customs Act 1901-1954 and the Commerce (Trade Descriptions) Act 1905-1950, was enacted to address the need for more detailed regulations on the identification and grading of fish exported from Australia. The Regulations were made by the Governor-General, acting on advice from the Federal Executive Council, to ensure that fish exports met specific standards. These Regulations aimed to improve the tracking and identification of exported fish containers through the allotment of serial numbers or code marks. This was intended to enhance transparency and accountability in the fish export trade, ensuring that the quality and grading of exported fish could be accurately identified and monitored.
Scope and Application
The Regulations under the Customs Act 1901-1954 and the Commerce (Trade Descriptions) Act 1905-1950 pertain to the exportation of specific types of fish, namely those listed in items 1, 2, 3, 4, and 5 of the First Schedule, which detail categories such as crayfish. These regulations apply to any person involved in the exportation of fish within the specified categories. The scope of these regulations is national, as they are made under the authority of the Commonwealth of Australia, and thus they extend across all states and territories within Australia. The regulations mandate that each container holding the fish must be marked either with a serial number or a code mark, as stipulated in the new regulation 9a, which has been inserted after regulation 9 of the Exports (Fish) Regulations. This marking must be applied in a manner that ensures traceability and compliance with the regulations throughout the export process. The regulations do not specify exclusions or exemptions but rather set out mandatory requirements for the marking of containers to facilitate compliance with export standards.
Key Provisions
The key provisions of this legislative instrument (Statutory Rules 1955, No. 51) amend the Exports (Fish) Regulations under the Customs Act 1901-1954 and the Commerce (Trade Descriptions) Act 1905-1950. The main sections to focus on are regulation 9a and the amendments to the First Schedule. Regulation 9a (1) requires any person exporting certain types of fish, as listed in items 1 to 5 of the First Schedule, to allocate either a serial number or a code mark to each container of fish exported during a given year (section 1). The year is defined as starting on the first day of July and ending on the 30th of June the following year. A serial number must be consecutive and start from one each year, whereas a code mark must be pre-approved by lodging a satisfactory code of marks with the Secretary before the fish are exported (section 1(2)).
These regulations impose specific obligations on exporters of the mentioned fish types. They must ensure each container is marked with a serial number or an approved code mark. This requirement is meant to enhance traceability and maintain the integrity of the export process. Exporters must plan ahead and, if they choose to use a code mark, must lodge their code of marks with the Secretary before the start of the export year (section 1(2)). This pre-approval step is crucial to ensure compliance and avoid any potential issues during the export process.
Non-compliance with these regulations can lead to various consequences. While the specific penalties are not detailed in this legislative instrument, under the Customs Act 1901-1954 and the Commerce (Trade Descriptions) Act 1905-1950, breaches of such regulations can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties could potentially include imprisonment, depending on the severity and intent of the breach. The exact penalties would be determined based on the specific nature of the violation and the relevant laws in place at the time of the breach.