Exports (Fresh Fruit) Regulations (Amendment)

Overview

The Statutory Rules 1956 No. 27, enacted on 13th March 1956, serves to amend the Exports (Fresh Fruit) Regulations under the Customs Act 1901-1954 and the Commerce (Trade Descriptions) Act 1905-1950. These regulations were introduced by the Governor-General, W. J. Slim, acting on the advice of the Federal Executive Council, to refine the standards and processes associated with the export of fresh fruit from Australia. The amendments primarily focus on the specifications and requirements for the packaging and treatment of certain fruit varieties to ensure they meet both domestic and international trade standards, thereby facilitating smoother trade relations and compliance with customs regulations. The objective of these amendments is to enhance the quality and safety of exported fresh fruit, ensuring that Australian produce maintains high standards in the global market.

Scope and Application

This legislative instrument pertains to the regulation of exports of fresh fruit from Australia under the Customs Act 1901-1954 and the Commerce (Trade Descriptions) Act 1905-1950. It applies to any entity involved in the export of fresh fruit, including businesses, individuals, and agents responsible for ensuring that the exported produce meets the specified standards and conditions. The geographic scope of this legislation is national, covering all exports from the Commonwealth of Australia. The regulation focuses on the specific varieties of apples listed within the amended schedules, setting out particular requirements for their classification, packing, and treatment. The regulation excludes other types of fruit not mentioned within its amended provisions. Further application and enforcement of these regulations may be extended or specified through subordinate instruments or additional legislative amendments.

Key Provisions

The main sections of the Statutory Rules 1956 No. 27, which serve as a legislative instrument under the Customs Act 1901-1954 and the Commerce (Trade Descriptions) Act 1905-1950, involve specific amendments to the Exports (Fresh Fruit) Regulations. Section (a) of the Third Schedule removes the references to certain fruit varieties, such as "Crow Egg" and "Pomme de Neige", from the table in Part I. Similarly, Section (c) replaces the codes for "Delicious" and "Democrat" apples with new codes, "DEL.2–35020" and "DEM.2–37035" respectively. Section (d) modifies the chemical additives permitted during the packing process for fresh fruit exports, requiring the addition of specific quantities of Potassium Metabisulphide or Sodium Bisulphide. Section (e) adjusts the permissible level of damage to the fruit, allowing only slight damage as opposed to previously allowing only slight or more severe damage. Sections (f) and (g) omit specific references to "Beurre Hardy" and "Easter Beurre" from the table in Part I. These regulations impose clear obligations on parties involved in the export of fresh fruit. Exporters must ensure that the fruit varieties listed in the regulations are correctly identified using the updated codes. They are also required to adhere to the specified quantities of chemical additives during packing. Additionally, they must ensure that the fruit meets the new standards regarding permissible damage levels, which now strictly limit the acceptable damage to slight. Failure to comply with these regulations can result in legal consequences. Although the specific offences, penalties, or civil/criminal consequences are not detailed in the provided excerpt, breaches of regulations under the Customs Act 1901-1954 and the Commerce (Trade Descriptions) Act 1905-1950 generally attract penalties as outlined in those acts. Penalties can include fines and, in severe cases, criminal charges. The maximum penalties may vary depending on the specific breach and the relevant provisions of the primary acts, but they can be substantial to ensure compliance and maintain the integrity of the export process.