Exports (Fresh Fruit) Regulations (Amendment)

Legislation au C1949L00107 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1949. No. 107.

REGULATIONS UNDER THE CUSTOMS ACT 1901-1947 AND

THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933.*

HEREAS by section 112 of the Customs Act 1901-1947 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 fresh fruit, except subject to the conditions and restrictions prescribed by the Exports (Fresh Fruit) 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 1901-1947 and the Commerce (Trade Descriptions) Act 1905-1933.

Dated this thirtieth day of November, 1949.

W. J. McKELL

Governor General.

By His Excellency's Command,

R. T. POLLARD

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 (Fresh Fruit) Regulations.†

Definitions.

1. Regulation 4 of the Exports (Fresh Fruit) Regulations is amended by omitting from the definition of “diameter” in sub-regulation (1.) the words “line joining the stem and the calyx” and inserting in their stead the words “axis of the fruit”.

* Notified in the Commonwealth Gazette on 1st December, 1949.

† Statutory Rules 1948, No. 102.

5409.—Price 3d.

Trade description.

2. Regulation 11 of the Exports (Fresh Fruit) Regulations is amended by omitting paragraph (b) of sub-regulation (2.) and inserting in its stead the following paragraph :—

“(b) shall contain—

(i) the name of the kind of fruit-in letters of at least the height (if any) specified in the Third Column of the First Schedule for setting out the name of the variety of the fruit ; and

(ii) a true description of the fruit, together with the word ‘Australia’ and the name of the State or Territory in which the fruit was produced—in prominent and legible characters; and”.

Export permit and certificate of examination.

3. Regulation 20 of the Exports (Fresh Fruit) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “, and a certificate in accordance with Form 6,”; and

(b) by adding at the end thereof the following sub-regulation:—

“(4.) When an officer is satisfied that the fruit has been loaded into the ship by which the fruit is to be exported, the exporter shall be entitled to receive a certificate in accordance with Form 6 in respect of the fruit.”.

First Schedule.

4. The First Schedule to the Exports (Fresh Fruit) Regulations is amended—

(a) by omitting from the fourth column of the table in paragraph 3 in the Second Column of Item 1 the figures “8¾-9” and inserting in their stead the figures “8⅞”;

(b) by omitting from Part 1 of the Table in paragraph 1 in the Second Column of Item 2 the word, letters and figures— “Alexander | ALX | 2¼-3 | 30 | 10”;

(c) by inserting in Part III. of that Table, before the word, letters and figures “Delicious | DEL | 2¼-3½”, the word, letters and figures “Alexander | ALX | 2¼-3 | 30 | 10”;

(d) by omitting paragraph 1 in the Second Column of Item 3 and inserting in its stead the following paragraph:—

“1. The grapes shall—

(a) be sound, clean, of uniformly good colour for the variety, and firmly attached to the stalks;

(b) not be split, crushed, wet, soft, wilted, immature, shrivelled or scarred:

(d) be not less than ⅝ inches in diameter.”; and

(e) by adding at the end thereof the following Item:—

“10. Tomatoes	1. The tomatoes shall be not less than 1¾ inches and not more than 3¼ inches in diameter. 2. The tomatoes shall be packed in boxes of the type described as ‘Australian half box’ in the table contained in paragraph 3 of Item 1 in this Schedule, unless the Secretary permits the use of other containers. 3. The tomatoes in any one box shall be similar in shape and general appearance, and shall be of a size within one only of the following ranges of sizes:— Not less than 1¾ inches and not more than 2 inches in diameter. More than 2 inches and not more than 2¼ inches in diameter. More than 2¼ inches and not more than 2½ inches in diameter. More than 2¾ inches and not more than 3 inches in diameter. More than 3 inches and not more than 3¼ inches in diameter. 4. The tomatoes shall be— (a) firm, evenly matured, well formed for the variety, and not deeply wrinkled; and (b) sound, clean and free from injury, disease, sunscald, sunburn, puffiners malformation, growth cracks and scars. For the purpose of this paragraph ‘puffiners malformation’ means that owing to internal open spaces the tomatoes are spongy and not firm. 5. The ground colour of the tomatoes shall have changed from a dull to a bright green, show a definite creaminess at the stylar end with no evidence of pink, and the contents of the seed cavities shall have begun to develop a jelly-like consistency: Provided that for voyages of less than seven days’ duration the Secretary may permit the export of riper tomatoes. 6. The outer layer or shown surfaces of the tomatoes in each box shall be a true indication of the contents of that box.	1. The trade description shall be placed on one end of each box, and shall be in letters at least ½ inch in height if printed on the boxes or applied by means of printed paper labels, and at least ¾ inch in height if stencilled on the boxes.
		2. The trade description shall include the word ‘Tomatoes’, the word ‘Fancy’, the grower’s name or registered brand, the name of the State or Territory in which the tomatoes were produced and the size of the tomatoes contained in the box.
		3. For the purpose of the last preceding paragraph the size of the tomatoes shall be stated as follows:—
		‘1¾ inches’ where the tomatoes are not less than 1¾ inches and not more than 2 inches in diameter;
		‘2 inches’ where the tomatoes are more than 2 inches and not more than 2¼ inches in diameter;
		‘2¼ inches’ where the tomatoes are more than 2¼ inches and not more than 2½ inches in diameter;
		‘2½ inches’ where the tomatoes are more than 2½ inches and not more than 2¾ inches in diameter;
		‘2¾ inches’ where the tomatoes are more than 2¾ inches and not more than 3 inches in diameter;
		‘3 inches’ where the tomatoes are more than 3 inches and not more than 3¼ inches diameter.”.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1949 No. 107, Regulations under the Customs Act 1901-1947 and the Commerce (Trade Descriptions) Act 1905-1933, were enacted to address the issue of potentially harmful exports of fresh fruit from Australia. The regulations were made by the Governor-General, acting on advice from the Federal Executive Council, to provide more stringent conditions and restrictions on the export of fresh fruit. The policy objective was to ensure that the export of fresh fruit, specifically, would not harm the Commonwealth by maintaining high standards of purity, soundness, and freedom from disease. These regulations sought to protect Australia’s agricultural interests and maintain the integrity of its produce in the international market by imposing specific conditions and requirements for the export of fresh fruit, including amendments to definitions, trade descriptions, and the issuance of export permits and certificates of examination.

Scope and Application

The Exports (Fresh Fruit) Regulations, made under the Customs Act 1901-1947 and the Commerce (Trade Descriptions) Act 1905-1933, apply specifically to the export of fresh fruit from Australia. The regulations are designed to ensure that any exported fresh fruit meets certain standards to prevent harm to the Commonwealth. The legislation is applicable to all persons and entities engaged in the export of fresh fruit, and it regulates the conduct and transactions associated with such exports. Geographically, the regulations have a national reach, governing the export of fresh fruit throughout Australia. The regulations include provisions that allow for the prohibition of the export of fresh fruit unless certain conditions and restrictions are met, as outlined in the Exports (Fresh Fruit) Regulations. The regulations are amended from time to time, extending or restricting their application through subordinate instruments. Notably, the regulations specify detailed criteria for the size, quality, and packaging of various types of fresh fruit, such as apples, grapes, and tomatoes, and require specific labelling and certification before export.

Key Provisions

The primary operative sections of these regulations under the Customs Act 1901-1947 and the Commerce (Trade Descriptions) Act 1905-1933, focus on the prohibition and conditions governing the export of fresh fruit. Specifically, Regulation 4 amends the definition of "diameter" in the Exports (Fresh Fruit) Regulations, while Regulation 11 outlines the requirements for trade descriptions on exported fruit (subsections 1 and 2). Regulation 20 addresses the requirements for export permits and certificates of examination, and the First Schedule contains detailed specifications and standards for various types of fresh fruit (subsections 1, 2, 3, 4, 5, and 6). These regulations impose several obligations on exporters of fresh fruit. Exporters must ensure that their fruit meets the specified standards for purity, soundness, and freedom from disease. They must also ensure that the trade descriptions on the fruit boxes are accurate and include the name of the variety of fruit, its size, the word "Australia," and the name of the state or territory where the fruit was produced. Exporters must also obtain the necessary export permits and certificates of examination from the appropriate authorities. These regulations also include detailed specifications for various types of fresh fruit, such as the diameter, colour, and condition of the fruit. Failure to comply with these regulations may result in legal consequences. The specific offences, penalties, or consequences for breach are not detailed in the regulations themselves, but under the Customs Act and the Commerce (Trade Descriptions) Act, breaches of these regulations could potentially lead to fines, imprisonment, or other civil or criminal penalties. The exact penalties would depend on the specific nature and severity of the breach, as well as any relevant case law or statutory provisions.

Area of Law: Trade & Commerce Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Licensing & Registration; Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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