Exports (Fresh Fruit) Regulations (Amendment)

Legislation au C1959L00006 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1959. No. 6.

 

REGULATIONS UNDER THE CUSTOMS ACT 1901-1957 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 1901-1957 and the Commerce (Trade Descriptions) Act 1905-1950.

Dated this 24th day of January, 1959.

W. J. Slim

Governor-General.

By His Excellency’s Command,

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.†

Interpretation.

1. Regulation 4 of the Exports (Fresh Fruit) Regulations is amended by omitting from sub-regulation (1.) the definitions of “the Department” and “the Minister” and inserting in their stead the following definitions:—

“‘the Department’ means the Department of Primary Industry;

“‘the Minister’ means the Minister of State for Primary Industry;”.

False documents and failure to furnish documents.

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

(a) by inserting after sub-regulation (2.) the following sub-regulations:—

“(2a.) A person shall not fail to furnish a declaration under sub-regulation (3.) of the last preceding regulation.

Penalty: Twenty-five pounds.

“(2b.) In proceedings for an offence against the last preceding sub-regulation, a certificate signed by the Secretary certifying that fresh fruit was exported from a specified port by a specified person on a specified date of shipment and that a declaration in accordance with Form 5 has not been furnished to the Department within the time fixed by sub-regulation (3.) of the last preceding regulation is evidence of the matters certified.”; and

(b) by omitting from sub-regulation (3.) the words “the last preceding sub-regulation” and inserting in their stead the words “sub-regulation (2.) or (2b.) of this regulation”.

* Notified in the Commonwealth Gazette on 29th January 1959.

† Statutory Rules 1955, No. 61, as amended by Statutory Rules 1956, Nos. 20, 27 and 123; 1957, No. 36; and 1958, No. 24.

172/59.—Price 3d. 9/15.1.1959.


Third Schedule.

3. The Third Schedule to the Exports (Fresh Fruit) Regulations is amended—

(a) by omitting sub-paragraph (2.) of paragraph 1 in the Second Column of item 1 and inserting in its stead the following sub-paragraph:—

“(2.) Apples of the varieties Crofton, Dougherty, Jonathan, Scarlet and Yates of a diameter of 2⅛ inches or more but less than 2¼ inches may be exported to the United Kingdom—

(a) if they are of the grade ‘Extra Fancy’; and

(b) if each apple has the colour characteristic of the variety to an extent not less than that specified in Part I. of the table in this item in respect of the particular variety of apple of the grade ‘Extra Fancy’.”;

(b) by omitting from Part I. of the table in paragraph 1 in the Second Column of item 1 the words and figures—

“Crofton.................................

CROF.....

2⅛–2¾

50

20”

and inserting in their stead the words and figures—

“Crofton.................................

CROF......................................

2¼–2¾

50

20”;

(c) by omitting from Part I. of that table the words and figures—

“Dougherty...............................

DHTY......................................

2⅛–2¾

40

20”

and inserting in their stead the words and figures—

“Dougherty...............................

DHTY......................................

2¼–2¾

40

20”;

(d) by omitting from Part I. of that table the words and figures—

“French Crab..............................

F.C........................................

2½–3

100

80”;

(e) by omitting from Part I. of that table the words and figures—

“Jonathan................................

JON.......................................

2⅛–2¾

50

20”

and inserting in their stead the words and figures—

“Jonathan................................

JON.......................................

2¼–2¾

50

20”;

(f) by omitting from Part I. of that table the words and figures—

“King Pippin..............................

K.P........................................

2⅛–2¾

30

10”;

(g) by omitting from Part I. of that table the words and figures—

“McIntosh Red............................

Mc RED....................................

2¼–2¾

70

35

Nickajack................................

NJ........................................

2¼–3

30

10”;

(h) by omitting from Part I. of that table the words and figures—

“Scarlet.................................

S.P.M......................................

2⅛–2¾

50

20”

and inserting in their stead the words and figures—

“Scarlet.................................

S.P.M......................................

2¼–2¾

50

20”;

(i) by omitting from Part I. of that table the words and figures—

“Stayman................................

STAY......................................

2¼–2¾

30

10”;

(j) by omitting from Part I. of that table the words and figures:—

“Yates..................................

YATES....................................

2⅛–2¾

50

20”

and inserting in their stead the words and figures—

“Yates..................................

YATES...........

2¼–2¾

50

20”;

(k) by omitting from Part III. of that table the words and figures—

“Alexander...............................

ALX.......................................

2¼–3

30

10”;

(l) by inserting in Part III. of that table, after the words and figures—

“Gravenstein..............................

GRAV......................................

2¼–2¾

..........................................

....”,

the words and figures—

“King Pippin..............................

K.P........................................

2⅛–2¾

30

10”;


(m) by omitting from Part III. of that table the words and figures—

“Pioneer........................

PIONEER

2¼–3

..

....”;

(n) by omitting from Part III. of that table the words and figures—

“Rymer.........................

RYM...

2¼–2¾

25

10

Spitzenberg......................

SPTZ...

2¼–2¾

40

15”;

(o) by omitting from paragraph 5 in the Second Column of item 8 the words “two inches” and inserting in their stead the figures and word “2⅛ inches”;

(p) by omitting from paragraph 6 in the Second Column of item 8 the words “two inches” and inserting in their stead the figures and word “2⅛ inches”; and

(q) by inserting after paragraph 9 in the Second Column of item 8 the following paragraph:—

“9a. Pears less than two and three-eighths inches in diameter shall not be packed in trays.”.

Fourth Schedule.

4. The Fourth Schedule to the Exports (Fresh Fruit) Regulations is amended by omitting from Forms 1, 2, 3, 4 and 5 the words “Department of Commerce and Agriculture” and inserting in their stead the words “Department of Primary Industry”.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1959, No. 6, under the Customs Act 1901-1957 and the Commerce (Trade Descriptions) Act 1905-1950, made by the Governor-General in Council, introduce amendments to the Exports (Fresh Fruit) Regulations. The amendments aim to address issues related to the administration and enforcement of regulations concerning the export of fresh fruit, particularly in relation to the definitions of key terms and the requirements for declarations. The enactment body is the Parliament of Australia, and the policy objective appears to be the effective management and regulation of fresh fruit exports, ensuring compliance with specified standards and documentation requirements. These changes are intended to streamline the export process and enhance oversight of fresh fruit exports, thereby supporting trade and industry compliance.

Scope and Application

The Statutory Rules 1959 No. 6, made under the Customs Act 1901-1957 and the Commerce (Trade Descriptions) Act 1905-1950, primarily concerns amendments to the Exports (Fresh Fruit) Regulations. The Regulations apply to individuals and entities involved in the export of fresh fruit, ensuring compliance with specific standards and documentation requirements. The Regulations are designed to maintain the quality and traceability of fresh fruit exports, particularly to the United Kingdom. The amendments address various aspects such as the definitions of key terms, the obligation to provide declarations, and the specific size and quality criteria for different varieties of apples and pears. The Regulations cover the Commonwealth jurisdiction, thereby applying nationally across Australia. There are no specific exclusions, exemptions, or thresholds stated in the text; however, the application of these Regulations may be further extended or restricted through subordinate instruments as deemed necessary by the Department of Primary Industry.

Key Provisions

The Statutory Rules of 1959, No. 6, under the Customs Act 1901-1957 and the Commerce (Trade Descriptions) Act 1905-1950, primarily focus on amending the Exports (Fresh Fruit) Regulations. Section 1 of these Regulations redefines key terms by amending Regulation 4, replacing the definitions of "the Department" and "the Minister" to refer to the Department of Primary Industry and the Minister of State for Primary Industry, respectively (Regulation 1). These amendments impose specific obligations on parties involved in the export of fresh fruit. For instance, Section 2 of the Regulations mandates that individuals must not fail to furnish a declaration as required by sub-regulation (3) of a preceding regulation (Regulation 2(2a)). Additionally, any failure to comply with this requirement attracts a penalty of twenty-five pounds (Regulation 2(2a)). The Regulations also stipulate that a certificate signed by the Secretary, certifying the export of fresh fruit from a specified port by a named individual on a specified date, and the non-submission of a required declaration within the stipulated time, is admissible evidence in proceedings for an offence (Regulation 2(2b)). Furthermore, Section 3 amends the Third Schedule to the Exports (Fresh Fruit) Regulations by modifying the allowable diameters for various apple varieties intended for export to the United Kingdom. For instance, apples of certain varieties, such as Crofton, Dougherty, Jonathan, Scarlet, and Yates, must now have a diameter between 2¼ inches and 2¼ inches to qualify for export if they meet the 'Extra Fancy' grade and specific colour requirements (Regulation 3(a)). Failure to comply with these specifications may result in the fruit being deemed unfit for export. Under Section 4, the Fourth Schedule is amended to replace references to the "Department of Commerce and Agriculture" with "Department of Primary Industry" across various forms (Regulation 4). These changes are integral to ensuring that all documentation aligns with the current departmental titles, thereby maintaining clarity and consistency in regulatory compliance.

Legal classification tags

Area of Law
Trade Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Offence Provisions
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.