Exports (Fish) Regulations (Amendment)

Overview

Statutory Rules 1950 No. 38, made under the Customs Act 1901-1949 and the Commerce (Trade Descriptions) Act 1905-1933, was enacted to address concerns regarding the exportation of fish that could be harmful to the Commonwealth or did not meet prescribed standards of purity, soundness, or freedom from disease. This legislative instrument was introduced to ensure that fish exports were conducted in a manner that safeguards public health and maintains the integrity of Australian fisheries. Enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, the Regulations aim to enforce stringent conditions on fish exports, including modifications to registration timelines and fee structures for services rendered by officers, ensuring compliance and efficiency in the export process.

Scope and Application

The Exports (Fish) Regulations, established under the Customs Act 1901-1949 and the Commerce (Trade Descriptions) Act 1905-1933, apply to all entities and individuals involved in the export of fish from Australia, ensuring compliance with specific conditions and restrictions. These regulations mandate that each immediate container of fish must be embossed with the letters ‘Ex’ except for frozen fish. The regulations also address the registration of export establishments or appointed places, extending the registration deadline to the thirtieth day of June following the date of issuance. Furthermore, fees are specified for officers’ services provided outside of official hours or on holidays, at a rate of eight shillings per hour or part of an hour, with holidays defined as those observed in the Public Service of the Commonwealth. These regulations are applicable nationwide, encompassing the entire Commonwealth of Australia, with the aim of protecting the interests and health standards related to fish exports.

Key Provisions

The key provisions of these regulations under the Customs Act 1901-1949 and the Commerce (Trade Descriptions) Act 1905-1933 focus on the export of fish and the conditions and restrictions that must be adhered to for such exports. Firstly, regulation 9(2)(6) is amended to require that each immediate container of fish, except frozen fish, must have the letters 'Ex' embossed on it. Secondly, regulation 12(3) is amended to change the deadline for the registration of export establishments or appointed places from 31 December to 30 June of the year following the date of issue of the regulation. Thirdly, regulation 36(1) is revised to specify that the fee for the services of an officer, when requested by an exporter before or after official hours or on any Sunday or holiday, is eight shillings per hour or part of an hour, unless otherwise provided in sub-regulation 3. Furthermore, regulation 36(4) defines 'holiday' as any day observed as a holiday in the Public Service of the Commonwealth under section 76 of the Commonwealth Public Service Act 1922-1948. Lastly, the Second Schedule is amended by changing the date from 31 December to 30 June in Form 2. The obligations imposed on parties governed by these regulations include ensuring that fish containers, excluding frozen fish, bear the letters 'Ex', and that registration for export establishments or appointed places is completed by 30 June of the following year. Exporter entities must also comply with the fees for officers’ services provided outside of official hours or on holidays, at a rate of eight shillings per hour. Breach of these regulations could result in various consequences. For example, failure to comply with the marking requirements for fish containers may lead to the goods being deemed non-compliant and subject to export prohibition or other regulatory actions. Furthermore, not meeting the registration deadline could result in administrative penalties or the inability to legally export fish. Financial penalties for services provided outside of official hours or on holidays are also applicable, with a rate of eight shillings per hour. These regulations aim to ensure that fish exports are conducted in a manner that is safe and compliant with the prescribed standards to protect the interests of the Commonwealth.