STATUTORY RULES.
1940. No. 4.
REGULATION UNDER THE CUSTOMS ACT 1901-1936 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933.*
WHEREAS by section 112 of the Customs Act 1901-1936 it is provided that the Governor-General may, by regulation, prohibit the exportation of any goods the exportation of which would, in his opinion, be harmful to the Commonwealth:
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 fresh fruit, except subject to the conditions and restrictions prescribed by the Exports (Fresh Fruit) Regulations, as amended by the following Regulation, 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 Regulation under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933.
Dated this tenth day of January, 1940
Governor-General.
By His Excellency’s Command,
Minister of State for Commerce and for and on behalf of the Minister of State for Trade and Customs.
Amendment of the Exports (Fresh Fruit) Regulations. †
First Schedule, item 2.
Item 2 in the First Schedule to the Exports (Fresh Fruit) Regulations is amended by adding at the end of paragraph 6 (in the second column) the words “Apples of the Granny Smith variety shall be wrapped in oiled paper.”.
* Notified in the Commonwealth Gazette on , 19
† Statutory Rules, 1938, No. 29, as amended by Statutory Rules, 1938, Nos. 38 and 60; and Statutory Rules 1939, Nos. 12 and 81.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
7507—8/17.12.1939.—Price 3d.
Overview
The Statutory Rules 1940 No. 4, enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, amends the Exports (Fresh Fruit) Regulations under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933. This legislative instrument was introduced to address the perceived risk that the exportation of fresh fruit, if not subject to specific conditions and restrictions, could be harmful to the Commonwealth. The policy objective is to ensure that the exportation of fresh fruit is managed in a way that protects national interests, potentially by maintaining the quality and marketability of Australian produce abroad. The amendment requires Granny Smith apples to be wrapped in oiled paper, reflecting a concern for the preservation and presentation of these goods during export.
Scope and Application
The Exports (Fresh Fruit) Regulations, established under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933, govern the export of fresh fruit from Australia, with the intent to prevent potential harm to the Commonwealth. This legislation specifically applies to individuals and entities involved in the export of fresh fruit, encompassing various varieties of fruit that may be subject to conditions and restrictions for export. The geographic reach of these regulations is national, extending across the Commonwealth of Australia, and they apply to all exports of fresh fruit unless otherwise specified. The regulations are designed to ensure that the export of fresh fruit, particularly of the Granny Smith variety, adheres to specific packaging requirements, such as wrapping in oiled paper, to maintain quality and prevent spoilage during transportation. The regulations can be amended through subordinate instruments, allowing for adjustments to the conditions and restrictions as necessary, thereby ensuring they remain effective and relevant.
Key Provisions
The legislative instrument C1940L00004 amends the Exports (Fresh Fruit) Regulations by adding a specific requirement for the packaging of Granny Smith apples. Under the new regulation, as detailed in the First Schedule, item 2, Granny Smith apples must be wrapped in oiled paper before being exported (1). This addition to the regulations is intended to ensure that these apples meet certain standards that are presumably beneficial to the Commonwealth.
The obligations imposed by this legislative instrument are clear and specific. Any entity or individual involved in the export of Granny Smith apples must ensure that these apples are packaged in oiled paper, as mandated by the newly added regulation. This requirement is designed to maintain the quality and safety of the apples during transportation and storage, thereby preventing potential harm to the Commonwealth's interests in trade and health.
Failure to comply with the new packaging requirement for Granny Smith apples could result in various consequences. While the specific penalties are not detailed in the provided text, under the broader scope of the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933, breaches of these regulations could lead to civil or criminal penalties. These may include fines, confiscation of goods, or other legal actions deemed necessary to enforce compliance with the regulations.
Given the potential harm to the Commonwealth that the export of improperly packaged fresh fruit could cause, the penalties for non-compliance could be severe. Although the exact maximum penalties are not specified in the text, they could include significant fines or other enforcement measures designed to deter non-compliance and ensure adherence to the prescribed standards.