STATUTORY RULES.
1961. No. 111.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1960 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1950.*
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 1901-1960 and the Commerce (Trade Descriptions) Act 1905-1950.
Dated this 31st day of August, 1961.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
(sgd.) C. F. ADERMANN
Minister of State for Primary Industry and
for and on behalf of the Minister of
State for Customs and Excise.
Amendments of the Exports (Fresh Fruit) Regulations.†
Commencement.
1. These Regulations shall come into operation on the first day of January, 1962.
Third Schedule.
2. The Third Schedule to the Exports (Fresh Fruit) Regulations is amended—
(a) by omitting from the table in sub-paragraph (1.) of paragraph 1 in the second column of item 1 the words—
“Ballarat.................. | BAL.”, |
“London Pippin............. | L.P.”, |
“Ribston Pippin............. | R.P.” and |
“Stone Pippin.............. | S.P.”; |
(b) by omitting from the table in sub-paragraph (4.) of that paragraph the words and figures—
“Ballarat.................. | 2½-3 | 2½-3 | 2½-3⅛”, |
“London Pippin............. | 2½-3 | 2½-3 | 2½-3⅛”, |
“Ribston Pippin............. | 2¼-2⅝ | 2¼-2⅝ | 2¼-2⅝” and |
“Stone Pippin.............. | 2¼-2⅞ | 2⅜-3 | 2¼-3⅛”; |
* Notified in the Commonwealth Gazette on 7th September, 1961.
† 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; and 1961, No. 20.
3062/60.—Price 3d. 9/12.1.1961.
(c) by omitting from the table in sub-paragraph (5.) of that paragraph the words and figures—
“Ballarat.................. | 180 - 100 | 180 - 100 | 180 - 80”, |
“London Pippin............. | 180 - 100 | 180 - 100 | 180 - 80”, |
“Ribston Pippin............. | 234 - 150 | 234 - 150 | 234 - 250” and |
“Stone Pippin.............. | 234 - 113 | 216 - 100 | 234 - 88”; |
(d) by omitting from the table in sub-paragraph (6.) of that paragraph the words and figures—
“Ballarat................... | 175 - 108 | 175 - 108 | 175 - 83”, |
“London Pippin............. | 175 - 108 | 175 - 108 | 175 - 83”, |
“Ribston Pippin............. | 220 - 154 | 220 - 154 | 220 - 154” and |
“Stone Pippin.............. | 220 - 108 | 200 - 96 | 220 - 83”; |
(e) by omitting from sub-paragraph (1.) of paragraph 1 in the second column of item 8 the words—
“Giblins Seedling..................... | Giblin” and |
“Madame Cole....................... | M. Cole”; and |
(f) by omitting from sub-paragraph (2.) of that paragraph the words—
“Giblins Seedling..................... | Giblin” and |
“Madame Cole....................... | M. Cole”. |
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1961 No. 111, made under the Customs Act 1901-1960 and the Commerce (Trade Descriptions) Act 1905-1950, address the need to update and refine regulations related to the export of fresh fruit. Enacted by the Governor-General in Council, these regulations aim to maintain consistency and clarity in trade descriptions of exported fresh fruit, ensuring that the information provided is accurate and up-to-date. The regulations amend the Exports (Fresh Fruit) Regulations, removing outdated fruit varieties and their corresponding codes from the regulatory framework. This amendment reflects a commitment to modernising trade practices, enhancing the efficiency and reliability of the export process by eliminating obsolete references and reducing potential confusion in trade documentation.
Scope and Application
The Statutory Rules 1961, No. 111, made under the Customs Act 1901-1960 and the Commerce (Trade Descriptions) Act 1905-1950, amend the Exports (Fresh Fruit) Regulations. These Regulations apply to the export of fresh fruit, specifically to the categories and standards previously set out in the Third Schedule to the Exports (Fresh Fruit) Regulations, and these amendments relate to the removal of certain varieties and their corresponding size and quality standards. The Regulations are applicable to any persons or entities involved in the export of fresh fruit within the Commonwealth of Australia. This amendment is effective from 1 January 1962 and involves the removal of specific fruit varieties from the regulatory framework, thereby potentially affecting the compliance requirements for exporters. The geographic reach of these Regulations is national, impacting all states and territories within Australia. There are no stated exclusions, exemptions, or thresholds within the text provided, and the scope of the Regulations is limited to the amendments listed.
Key Provisions
The main operative sections of this legislation pertain to the amendment of the Exports (Fresh Fruit) Regulations, which come into effect on the first day of January 1962. The primary amendment involves the removal of specific fruit varieties from the regulations. Section 2 outlines the precise changes to the Third Schedule of the Exports (Fresh Fruit) Regulations, removing references to "Ballarat", "London Pippin", "Ribston Pippin", and "Stone Pippin" from various sub-paragraphs within the schedule. Additionally, it removes the entries for "Giblins Seedling" and "Madame Cole".
The obligations imposed by this legislation primarily concern exporters of fresh fruit who must adhere to the updated regulations. Exporters need to ensure their documentation and classification of fruit comply with the revised schedules, as outlined in the Third Schedule. This includes using the correct descriptions and codes for the fruit they export, which now exclude the previously listed varieties.
Breaches of these regulations may result in significant consequences. The Customs Act 1901-1960 and the Commerce (Trade Descriptions) Act 1905-1950 both provide for penalties in the event of non-compliance. Under these Acts, offenders may face fines and other penalties as determined by the relevant authorities. While the exact penalties are not detailed in the legislative instrument, they could include fines that are substantial enough to deter non-compliance and ensure adherence to the updated export regulations. The severity of the penalties reflects the importance of accurate and compliant documentation in international trade.