STATUTORY RULES.
1938. No. 38.
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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—
(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 it is provided by section 17 of the Acts Interpretation Act 1901-1937 that the expression “the Governor-General” in any Act includes the person for the time being administering the Government of the Commonwealth, acting with the advice of the Federal Executive Council:
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 Administrator of the Government of 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 fourth day of May, 1938.
HUNTINGFIELD
Administrator.
By His Excellency’s Command,
for and on behalf of the Minister of State for Commerce and the Minister of State for Trade and Customs.
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Amendment of the Exports (Fresh Fruit) Regulations.†
First Schedule.
The First Schedule to the Exports (Fresh Fruit) Regulations is amended by omitting from sub-paragraph (d) of paragraph 5 (in the second column) of item 1 the figures “25 5/16” and inserting in their stead the figures “26 5/16”.
* Notified in the Commonwealth Gazette on , 1938.
† Statutory Rules 1938, No. 29.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
1894.—10/20.4.1938.—Price 3d.
Overview
The Statutory Rules 1938 No. 38, enacted under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933, address the issue of regulating the exportation of goods that could potentially harm the Commonwealth. The legislation empowers the Governor-General, acting with the advice of the Federal Executive Council, to prohibit the exportation of certain goods if they do not meet prescribed conditions of purity, soundness, or freedom from disease. This legislative instrument was introduced to ensure that the export of fresh fruit adheres to specific conditions and restrictions to safeguard the nation's interests and maintain the quality and health standards of exported goods.
Scope and Application
The regulation under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933 pertains to the prohibition of the exportation of fresh fruit from Australia unless it complies with the specified conditions and restrictions as outlined in the Exports (Fresh Fruit) Regulations. The regulation applies to any individual or entity involved in the exportation of fresh fruit, ensuring that such exports do not harm the Commonwealth. The scope of this regulation is national, as it applies across the entire Commonwealth of Australia, with the authority of the Governor-General, or the person administering the Government of the Commonwealth, acting on the advice of the Federal Executive Council. The regulation specifies that fresh fruit exports can only occur if they meet stringent conditions regarding purity, soundness, and freedom from disease. Any amendments to these regulations, such as the one noted in the First Schedule concerning the size specifications of fruit, are made under the authority of the same legislative acts and are subject to similar conditions and restrictions.
Key Provisions
The Exports (Fresh Fruit) Regulations, as amended by the Statutory Rules of 1938 No. 38, outline specific conditions under which fresh fruit can be exported from Australia. The main operative sections of these regulations include provisions that set forth the requirements for the purity, soundness, and freedom from disease of fresh fruit intended for export (section 112 of the Customs Act 1901-1936). These regulations also empower the Governor-General, acting with the advice of the Federal Executive Council, to prohibit the export of fresh fruit unless it meets the specified conditions (section 17 of the Acts Interpretation Act 1901-1937).
The obligations imposed by these regulations require exporters to ensure that fresh fruit is prepared and manufactured under conditions that meet the purity, soundness, and freedom from disease standards prescribed by the regulations. This includes compliance with specific measurements and quality standards, as detailed in the First Schedule of the Exports (Fresh Fruit) Regulations. Failure to adhere to these standards can result in the prohibition of exportation of the fresh fruit, either absolutely or subject to certain conditions or restrictions.
Breach of these regulations can result in both civil and criminal consequences. The penalties for non-compliance may include fines, the seizure and destruction of non-compliant goods, and potential imprisonment. The maximum penalties for offences under these regulations are not explicitly stated in the provided text, but they are likely to be significant, given the potential harm to the Commonwealth from the exportation of substandard fresh fruit. The severity of the penalties underscores the importance of strict adherence to the conditions and restrictions set forth in the Exports (Fresh Fruit) Regulations.