STATUTORY RULES.
1951. No. 48.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1950 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1950.*
WHEREAS by section 112 of the Customs Act 1901-1950 it is provided that the Governor-General may, by regulation, prohibit the exportation of any goods—
(a) the exportation of which would, in his opinion, be harmful to the Commonwealth ; or
(b) which have not been prepared or manufactured for export under the prescribed conditions as to purity, soundness, or freedom from disease, or which do not conform to the prescribed conditions as to purity, soundness, or freedom from disease :
And whereas it is provided by the said section that the said power of prohibition shall extend to authorize the prohibition of the exportation of the goods generally, or to any specified place, and either absolutely or so as to allow of the exportation of the goods subject to any condition or restriction :
And whereas I am of opinion that the exportation of fish, except subject to the conditions and restrictions prescribed by the Exports (Fish) Regulations, as amended by the following Regulations, would be harmful to the Commonwealth :
Now therefore 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 1901-1950 and the Commerce (Trade Descriptions) Act 1905-1950,
Dated this fifteenth day of June, 1951.
W.J. McKell
Governor-General.
By His Excellency’s Command,
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.†
Definitions.
1. Regulation 3 of the Exports (Fish) Regulations is amended by inserting in sub-regulation (1.), after the definition of “ the Secretary ”, the following definition :—
“ ‘ tuna’ means fish of any of the following varieties :—
Albacore (Germo alalunga) ;
Southern Bluefin tuna (Thunnus maccoyii) ;
Northern Bluefin tuna (Thunnus thynnus) ;
Yellowfin tuna (Neothunnus macropterus) ; or
Skipjack or striped tuna (Katsuwonus pelamis).”.
* Notified in the Commonwealth Gazette on , 1951
† Statutory Rules 1949, No. 54, as amended by Statutory Rules 1950, No. 38.
1569.—Price 3d. 9/18.4.1951.
The First Schedule.
2. The First Schedule to the Exports (Fish) Regulations is amended by inserting after Item 5 the following items :—
5a. Tuna (Frozen— in round) | The fish shall be frozen as soon as possible after catching and shall be held at a temperature not exceeding 5° F. | |
5b. Tuna (Canned) | 1. Only the light-coloured meat of the tuna shall be used. | The trade description on the containers shall include— |
| 2. Each can shall contain cooked meat, which shall— | (a) the words “ IN (here specify variety) OIL ” ; |
| (a) reasonably fill the can; | (b) the words “ WHITE MEAT ” if the contents are derived from Albacore or the words “ LIGHT MEAT ” if the contents are derived from Bluefin, Yellowfin or Striped Tuna ; and |
| (b) be free from all dark meat; |
| (c) be packed in an approved vegetable oil ; and |
| (d) consist of— |
| (i) in the case of solid pack fancy canned tuna, solid pieces not exceeding three in number ; | (c) in the case of— |
| (i) solid pack fancy canned tuna, the words “ FANCY SOLID PACK TUNA ” ; |
| (ii) in the case of solid pack standard canned tuna, solid pieces not exceeding six in number ; | (ii) solid pack standard canned tuna, the words “ SOLID PACK TUNA ” ; |
| (iii) grated or shredded canned tuna, the words “ GRATED TUNA ” or “ SHREDDED TUNA ” as the case may be ; or |
| (iii) in the case of grated or shredded canned tuna, small uniform pieces produced in such form by mechanical means ; or |
| (iv) flaked canned tuna, the words “ FLAKED TUNA ”, “ TUNA FLAKES ” or “ BITE SIZE TUNA ”. |
| (iv) in the case of flaked canned tuna, small pieces not used in packing solid packs. |
By Authority : L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1951 No. 48, enacted under the Customs Act 1901-1950 and the Commerce (Trade Descriptions) Act 1905-1950, address the need to regulate the exportation of fish to prevent harm to the Commonwealth and ensure that the fish meet specified standards of purity, soundness, and freedom from disease. The enactment of these regulations by the Governor-General in Council was aimed at controlling the export of fish by imposing specific conditions and restrictions to safeguard the interests of Australia. The objective was to ensure that fish exports do not negatively impact the nation's resources and health standards. The regulations include specific amendments to the Exports (Fish) Regulations, such as defining tuna varieties and setting out detailed requirements for the export of frozen and canned tuna, including trade descriptions and packing specifications.
Scope and Application
The Exports (Fish) Regulations 1951, made under the Customs Act 1901-1950 and the Commerce (Trade Descriptions) Act 1905-1950, apply to the exportation of fish, particularly tuna, from Australia. These regulations are designed to ensure that the exportation of fish does not harm the Commonwealth and that the fish meet the required conditions of purity, soundness, and freedom from disease. The Act applies to individuals, companies, and entities engaged in the fishing industry and the exportation of fish, particularly those involved in the export of tuna. The scope of the regulations is national, as they pertain to the entire Commonwealth of Australia. The regulations provide specific conditions and restrictions for the export of different types of tuna, including requirements for freezing, canning, and trade descriptions. The Act may be further extended or restricted through subordinate instruments, which can specify additional conditions or exemptions.
Key Provisions
The primary operative sections of these regulations, as detailed in the First Schedule, establish specific conditions for the export of tuna, both frozen and canned. Section 5a stipulates that frozen tuna must be frozen immediately after catching and stored at a temperature not exceeding 5° F. This requirement ensures the quality and safety of the tuna during export. Section 5b outlines detailed specifications for canned tuna. For instance, only light-coloured meat is permitted, which must reasonably fill the can and be free from dark meat. Additionally, the trade description on the container must include specific wording indicating whether the contents are derived from Albacore or Bluefin, Yellowfin, or Striped Tuna. The canned tuna must also be packed in an approved vegetable oil and consist of specific types of pieces, depending on the pack style, such as fancy solid pack, standard solid pack, grated or shredded, and flaked tuna.
The regulations impose several obligations and requirements on the parties involved in the export of tuna. Exporters must ensure that the tuna is frozen and stored under the specified temperature conditions. For canned tuna, they must adhere strictly to the guidelines regarding the type of meat used, the trade description on the container, and the packing requirements. These obligations are designed to maintain the quality and integrity of the exported fish, ensuring it meets the standards set by the Commonwealth. Furthermore, any changes to the specifications must be approved and communicated appropriately to ensure compliance with the regulations.
Failure to comply with these regulations may result in various civil and criminal consequences. The regulations do not explicitly state the penalties for non-compliance, but breaches of the Customs Act 1901-1950 and the Commerce (Trade Descriptions) Act 1905-1950 can lead to significant fines and legal action. In some cases, severe non-compliance might also result in criminal charges, depending on the nature and extent of the breach. The exact penalties would be determined based on the specific circumstances of the case and the discretion of the court.