Statutory Rules
1978 No. 40
REGULATIONS UNDER THE CUSTOMS ACT 1901 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905.
Dated this sixteenth day of March 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
IAN SINCLAIR
Minister of State for Primary Industry and for and on behalf of the Minister of State for Business and Consumer Affairs
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AMENDMENTS OF THE EXPORTS (FRESH FRUIT) REGULATIONS†
Repeal
1. Regulation 3 of the Exports (Fresh Fruit) Regulations is repealed.
Interpretations
2. Regulation 4 of the Exports (Fresh Fruit) Regulations is amended by inserting before the definition of “ appointed place ” in sub-regulation (1) the following definition:
“ ‘ analyst ’ means a person who holds, or is to be deemed to hold, office as an analyst under sub-regulation 29 (1);”.
Analysts
3. Regulation 29 of the Exports (Fresh Fruit) Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulation:
“ (2) The person for the time being occupying, or performing the duties of—
* Notified in the Commonwealth of Australia Gazette on 22 March 1978.
† Statutory Rules 1955, No. 61 as amended by Statutory Rules 1956, Nos. 20, 27 and 123; 1957, No. 36; 1958, No. 24; 1959, No. 6; 1960, Nos. 16 and 38; 1961, Nos. 20 and 111; 1962, No. 37; 1963, Nos. 15 and 140; 1964, Nos. 11 and 28; 1965, No. 22; 1966, Nos. 49 and 84; 1967, No. 22; 1968, No. 16; 1969, Nos. 33 and 40; 1970, No. 33; 1971, Nos. 35 and 104; 1972, No. 36; 1973, No. 140; 1974, Nos. 49 and 227; 1976, Nos. 87 and 163; and 1977, Nos. 22 and 254.
(a) the office of Assistant Secretary in the Analytical Services Branch in the Department of Science; or
(b) an office in the Analytical Services Branch in the Department of Science the designation of which includes the word ‘ Science ’.
shall be deemed to have been appointed to be an analyst under sub-regulation (1).”.
Overview
Statutory Rules 1978 No. 40, made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, was enacted to refine the existing regulations concerning the export of fresh fruit. This legislative instrument, issued by the Governor-General of the Commonwealth of Australia with the advice of the Federal Executive Council, aims to update the definitions and appointment criteria for analysts involved in the regulatory process. The primary focus is on ensuring that the officials responsible for analysing fresh fruit exports are appropriately qualified and recognised within the relevant departments, thus maintaining the integrity and effectiveness of the regulatory framework. This amendment responds to the need for clarity and precision in the appointment and definition of roles within the regulatory system, thereby supporting the overall policy objective of upholding high standards in the export of fresh fruit.
Scope and Application
The Statutory Rules 1978 No. 40, made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, primarily address amendments to the Exports (Fresh Fruit) Regulations. These regulations are applicable to individuals and entities involved in the export of fresh fruit from Australia, ensuring compliance with customs and trade description standards. The Regulations apply nationally, with their jurisdictional reach extending across the Commonwealth of Australia. The rules specify the definitions and roles of analysts involved in the export process, ensuring that only qualified personnel are designated for the analysis of fresh fruit exports. Additionally, these regulations may be further extended or restricted through subordinate instruments, allowing for adjustments and additions as necessary to maintain regulatory standards and respond to changes in the export industry.
Key Provisions
The main operative sections of these Regulations (Statutory Rules 1978 No. 40) primarily involve amendments to the Exports (Fresh Fruit) Regulations. Specifically, Regulation 3 is repealed and Regulation 4 is amended to include a new definition of "analyst" (Regulation 2(1)), while Regulation 29 is amended to redefine who is deemed to hold the office of an analyst (Regulation 3(2)). These changes are aimed at clarifying the roles and responsibilities of personnel involved in the analysis of fresh fruit exports.
The obligations imposed by these Regulations are focused on ensuring that the correct personnel are appointed to the role of analyst. Under the amended Regulation 29(2), the person occupying or performing the duties of either the office of Assistant Secretary in the Analytical Services Branch in the Department of Science or any office in the Analytical Services Branch whose designation includes the word 'Science' is deemed to be appointed as an analyst. This ensures that only appropriately qualified individuals are responsible for the analysis and certification of fresh fruit exports, thereby maintaining the integrity and quality of exported produce.
Breaching these Regulations can lead to various civil and criminal consequences. While the specific offences and penalties are not detailed within the provided text, the underlying Acts, the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, generally provide for penalties including fines and imprisonment for violations related to the export of goods. These penalties can vary based on the severity and intent of the breach, with maximum penalties potentially being significant for serious or repeated offences. Compliance with these Regulations is therefore crucial to avoid such adverse outcomes.