Exports (Fish) Regulations (Amendment)

Legislation au C1967L00161 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1967 No. 161

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REGULATIONS UNDER THE CUSTOMS ACT 1901-1967 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1966.*

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 1901-1967 and the Commerce (Trade Descriptions) Act 1905-1966.

Dated this day of 30 November, 1967.

CASEY

Governor-General.

By His Excellency’s Command,

J. D. ANTHONY.

Minister of State for Primary Industry and for and on behalf of the Minister of State for Customs and Excise.

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Amendments of the Exports (Fish) Regulations†

The First Schedule.

1. The First Schedule to the Exports (Fish) Regulations is amended—

(a) by omitting from paragraph 4 (in the second column) of item 1 the words and figures—

“A....less than 6 ounces.”

and inserting in their stead the words and figures—

“A....not less than 5 ounces and less than 6 ounces.”;

(b) by omitting from sub-paragraph (iii) of paragraph 1 (in the third column) of item 1 the word “and”;

(c) by adding at the end of paragraph 1 (in the third column) of item 1, the following sub-paragraph:—

“; and (v) the number of crayfish tails packed in the container.”;

(d) by omitting paragraph 1 (in the second column) of item 4 and inserting in its stead the following paragraphs:—

“1. Oysters shall—

(a) be clean and devoid of foreign matter; and

(b) be frozen in blocks not exceeding 5 pounds in weight and measuring not more than 3 inches in the shortest dimension.

1a. Each block of oysters shall be individually wrapped in approved moisture-proof wrapping and blocks of oysters so wrapped shall be packed in an outer container, the net weight of which does not exceed 40 pounds.”;

(e) by omitting sub-paragraph (c) of paragraph 1 (in the second column) of item 5 and inserting in its stead the following sub-paragraph:—

“(c) be uniform in size and colour; and”;

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* Notified in the Commonwealth Gazette on  1967.

† 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; 1960, No. 37; 1954, No. 105; 1965, No. 92; and 1966, No. 48.

10566/67—Price 8c 10/22.9.1967


(f) by adding at the end of sub-paragraph (d) of paragraph 1 (in the second column) of item 5 the following words:—

“or be frozen individually and packed in an approved manner”;

(g) by omitting paragraph 2 (in the second column) of item 5 and inserting in its stead the following paragraphs:—

“2. Where scallops are frozen in blocks, each block shall be individually wrapped in approved moisture-proof wrapping and be packed in outer containers, the net weight of which does not exceed 40 pounds.

2a. Where scallops are frozen individually, the packs of frozen scallops shall be wrapped in approved moisture-proof wrapping and be packed in outer containers, the net weight of which does not exceed 40 pounds.”;

(h) by omitting sub-paragraph (b) of paragraph 3 (in the second column) of item 5 and inserting in its stead the following sub-paragraph:—

“(b) An outer container shall, in the opinion of an officer, be sufficiently strong and adequately fastened to withstand the handling ordinarily incidental to transport to destinations beyond the Commonwealth.”;

(i) by omitting from sub-paragraph (a) of paragraph 4 (in the second column) of item 5 the word “and”;

(j) by inserting in paragraph 4 (in the second column) of item 5 the following sub-paragraph:—

“(aa) from fish that, at the time of receipt at the export establishment, are free from mud, dirt and any other extraneous matter; and”;

(k) by omitting sub-paragraph (a) of paragraph 5 (in the second column) of item 5 and inserting in its stead the following sub-paragraph:—

“(a) be placed under refrigeration, fully prepared for freezing within a period of four hours after shelling;”;

(l) by omitting from sub-paragraph (b) of paragraph 5 (in the second column) of item 5 the words “twenty-one hours” and inserting in their stead the words “ten hours”;

(m) by omitting from sub-paragraph (i) of paragraph 1 (in the third column) of item 5 the word “Bay”;

(n) by omitting sub-paragraph (ii) of paragraph 1 (in the third column) of item 5 and inserting in its stead the following sub-paragraph:—

“(ii) The words “With Roe” or “Without Roe”, as the case may be; and”;

(o) by inserting in sub-paragraph (c) of paragraph 2 (in the second column) of item 5b, after the word “oil”, the words “or in brine”;

(p) by adding at the end of sub-paragraph (a) of the paragraph (in the third column) of item 5b the words “or ‘IN BRINE’ or ‘IN WATER-SALT ADDED’, as the case may be”; and

(q) by omitting from sub-paragraph (c) of the paragraph (in the third column) of item 5b the words “or ‘BITE SIZE TUNA’ and inserting in their stead the words “, ‘BITE SIZE TUNA’ or ‘CHUNK STYLE TUNA’”.


Additional amendments.

2. The Exports (Fish) Regulations are amended as set out in the Schedule to these Regulations.

THE SCHEDULE Regulation 2.

Amendments Relating to Decimal Currency

Provisions amended—

Omit—

Insert—

Regulation 22..........

Fifty pounds

One hundred dollars

Regulation 25 (2.)........

Fifty pounds

One hundred dollars

Regulation 35 (a)........

One shilling

Ten cents

Regulation 35 (b)........

Ten shillings and six pence

One dollar five cents

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra

Overview

The Statutory Rules 1967 No. 161, made under the Customs Act 1901-1967 and the Commerce (Trade Descriptions) Act 1905-1966, address the need to update and refine regulations pertaining to the export of fish and seafood products. Enacted by the Governor-General, with the advice of the Federal Executive Council, these regulations aim to ensure compliance with updated standards and specifications for the export of seafood, including detailed requirements for the packaging and labelling of various seafood products such as crayfish, oysters, scallops, and fish. The policy objective behind these amendments is to maintain high standards in the export of Australian seafood, ensuring that products meet both domestic and international quality and safety standards.

Scope and Application

The Exports (Fish) Regulations, as amended by these Statutory Rules, apply to entities involved in the export of fish, seafood, and related products from Australia. This includes seafood processors, exporters, and other businesses that handle fish and seafood for export purposes. The regulations are made under the authority of the Customs Act 1901-1967 and the Commerce (Trade Descriptions) Act 1905-1966, thus covering the national jurisdiction of the Commonwealth of Australia. The regulations mandate specific standards for the quality, packaging, and documentation of seafood products intended for export, ensuring compliance with both national and international trade requirements. These standards are designed to maintain the integrity and safety of exported seafood, thereby protecting both consumers and the reputation of Australian seafood products overseas. The amendments outlined in the regulations aim to refine and update existing standards to reflect changes in trade practices and economic considerations, including adjustments for decimal currency. The scope of these regulations is further extended and detailed through subordinate instruments, which provide additional specifications and guidelines for compliance.

Key Provisions

The principal changes to the Exports (Fish) Regulations, as outlined in the Statutory Rules 1967 No. 161, focus on modifying the specifications and requirements for the export of various seafood items, including crayfish, oysters, scallops, and fish. The main sections of the First Schedule (1) detail amendments to weight, size, and packaging requirements. For instance, crayfish must now weigh not less than 5 ounces and the number of tails per container must be specified (item 1(c)(v)). Oysters must be frozen in blocks not exceeding 5 pounds and 3 inches in the shortest dimension, individually wrapped, and packed in outer containers not exceeding 40 pounds (item 1). Scallops, whether in blocks or individually frozen, must also be individually wrapped and packed in outer containers not exceeding 40 pounds (items 5(2) and 5(2a)). Fish must be free from extraneous matter and be fully prepared for freezing within four hours of shelling (items 5(4)(aa) and 5(5)(a)). The Regulations impose various obligations on parties involved in the export of these seafood items. These include ensuring that seafood is clean, correctly sized, and appropriately packaged to meet the specifications outlined in the Regulations. For example, exporters must ensure that crayfish meet the weight requirement, oysters and scallops are properly frozen and wrapped, and fish are handled and frozen within the specified timeframes. Additionally, the Regulations require that outer containers be sufficiently strong and adequately fastened to withstand typical transport conditions (item 5(3)(b)). These obligations are designed to maintain the quality and safety of seafood products during export. Failure to comply with the Regulations can result in various consequences. Although specific offences and penalties are not detailed in the Statutory Rules, non-compliance with export regulations generally can lead to civil or criminal penalties under the Customs Act 1901-1967 and the Commerce (Trade Descriptions) Act 1905-1966. For instance, penalties may include fines, seizure of non-compliant products, or even criminal charges in cases of serious non-compliance. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Acts under which enforcement is sought.

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