STATUTORY RULES.
1964. No. 105.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1963 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1950.*
I, THE ADMINISTRATOR of the Government of 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 twentieth day of August, 1964.
E. W. WOODWARD
Administrator.
By His Excellency’s Command,
(sgd.) C. F. ADERMANN
Minister of State for Primary (sgd) C.F.A. Industry.
AMENDMENTS OF THE EXPORTS (FISH) REGULATIONS.†
Definitions.
1. Regulation 3 of the Exports (Fish) Regulations is amended by inserting after the word “export” in the definition of “fish” in sub-regulation (1.) the words “, but does not include sun-dried fish”.
The First Schedule.
2. The First Schedule to the Exports (Fish) Regulations is amended—
(a) by omitting paragraph 4 in the Second Column of item 1 and inserting in its stead the following paragraph:—
“4. Crayfish tails shall be so packed that the tails in each container are uniform in colour and within one of the grades specified in Table A or Table B.
TABLE A.
Grade. | Net Weight. |
Midget .... | Less than 6 ounces. |
Small ..... | Not less than 6 ounces and less than 8 ounces. |
Medium.... | Not less than 8 ounces and less than 12 ounces. |
Large ..... | Not less than 12 ounces and not more than 16 ounces. |
Jumbo ..... | Over 16 ounces. |
TABLE B.
Grade. | Net Weight. |
Midget .... | Less than 6 ounces. |
Small ..... | Not less than 6 ounces and less than 8 ounces. |
Medium B .. | Not less than 8 ounces and less than 10 ounces. |
Medium A .. | Not less than 10 ounces and less than 12 ounces. |
Large ..... | Not less than 12 ounces and not more than 16 ounces. |
Jumbo ..... | Over 16 ounces.”; and |
*Notified in the Commonwealth Gazette on 27th August, 1964.
† Statutory Rules 1949, No. 54, as amended by Statutory Rules 1950, No. 38: 1951, Nos. 48 and 127; 1952, No. 105; 1954, No. 43; 1955, No. 51; 1956, Nos. 8, 44 and 121; 1959, No. 77; and 1960, No. 37.
9113/64.—PRICE 6D. 10/28.7.1964.
.(b) by omitting sub-paragraph (iii) of paragraph 1 in the Third Column of item 1 and inserting in its stead the following sub-paragraph:—
“(iii) the Grade according to whether the crayfish tails have been graded in accordance with Table A or Table B in paragraph 4 in the Second Column of this item and, for the purpose of this sub-paragraph, whichever of the abbreviations set out in the following table is applicable may be used—
Grade. | Abbreviation. |
Midget ................................... | Mgt |
Small .................................... | S |
Medium .................................. | M |
Medium B ................................. | MB |
Medium A ................................ | MA |
Large .................................... | L |
Jumbo ................................... | J; and”. |
By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1964 No. 105, issued under the Customs Act 1901-1963 and the Commerce (Trade Descriptions) Act 1905-1950, represents a legislative effort to refine and update regulations concerning fish exports in Australia. Enacted by the Administrator of the Government of the Commonwealth of Australia, acting on advice from the Federal Executive Council, these regulations specifically address issues within the Exports (Fish) Regulations. The amendments aim to exclude sun-dried fish from the definition of "fish" and to introduce more stringent grading and packaging requirements for crayfish tails, ensuring uniformity in colour and adherence to specified weight categories. This regulatory update reflects a commitment to maintaining high standards in the export of fish products, thereby enhancing the integrity and quality of Australia's seafood exports on the international market.
Scope and Application
The statutory rules, made under the Customs Act 1901-1963 and the Commerce (Trade Descriptions) Act 1905-1950, pertain to the regulation of fish exports in Australia, specifically focusing on the grading and packing of crayfish tails for export. These regulations apply to entities engaged in the export of fish, particularly crayfish tails, and ensure that such exports meet specified standards in terms of uniformity and grading. The application of these regulations is geographically confined to the Commonwealth of Australia, governing the export process from within the country's jurisdiction. The regulations exclude sun-dried fish from the definition of 'fish' for the purposes of export, and establish detailed grading criteria for crayfish tails, which must be packed according to their grade and net weight as specified in Tables A and B. The scope of these regulations is further extended and defined through subordinate instruments, which provide additional clarity and enforcement mechanisms for compliance.
Key Provisions
The Regulations under the Customs Act 1901-1963 and the Commerce (Trade Descriptions) Act 1905-1950, as amended, introduce specific requirements and amendments to the Exports (Fish) Regulations, particularly concerning the export of crayfish tails. Regulation 1 amends the definition of "fish" to exclude sun-dried fish (section 1). The First Schedule is amended to include detailed packing requirements for crayfish tails, ensuring uniformity in colour and adherence to specified weight grades (section 2).
These Regulations impose obligations on parties exporting crayfish tails to ensure compliance with the new standards. Exporters must now ensure that crayfish tails are packed such that the tails in each container are uniform in colour and meet the weight criteria specified in Tables A and B (section 2). Furthermore, they must correctly grade the crayfish tails according to the specified abbreviations and include this grade in the documentation accompanying the export (section 2).
Failure to comply with these Regulations can result in civil or criminal consequences. While the specific penalties are not detailed in the excerpt, breaches of the Customs Act or the Commerce (Trade Descriptions) Act can generally lead to substantial fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law and precedents. The primary goal of these provisions is to maintain high standards in the export of fish products, ensuring they meet the required quality and description standards set by Australian law.