STATUTORY RULES.
1948 No. 29.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1947 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933.*
WHEREAS 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 the exportation of which would, in his opinion, be harmful to the Commonwealth:
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 Regulation, 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 Regulation under the Customs Act 1901-1947 and the Commerce (Trade Descriptions) Act 1905-1933.
Dated this twenty-fifth day of February 1948.
W.J. McKell
Governor-General.
By His Excellency’s Command,
Minister of State for Commerce and Agriculture and for and on behalf of the Minister of State for Trade and Customs.
Amendment of the Exports (Fresh Fruit) Regulations.†
Inspection fees.
Regulation 30 of the Exports (Fresh Fruit) Regulations is amended by omitting from sub-regulation (1.) the words “Four shillings and sixpence” and inserting in their stead the words “Six shillings and sixpence”.
* Notified in the Commonwealth Gazette on , 1948.
† Statutory Rules 1938, No 29, as amended by Statutory Rules 1938, Nos. 38 and 60; 1939, Nos. 12 and 81; 1940, Nos. 4 and 24: and 1947, No. 37.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
234.—Price 3d. 8/13.1.1948.
Overview
The Statutory Rules 1948 No. 29, enacted in 1948, pertains to the regulation of the export of fresh fruit under the Customs Act 1901-1947 and the Commerce (Trade Descriptions) Act 1905-1933. This legislative instrument was introduced to address the potential harm to the Commonwealth arising from the export of fresh fruit without appropriate conditions and restrictions. The Governor-General, acting with the advice of the Federal Executive Council, made these regulations to prohibit the export of fresh fruit except under specific conditions and restrictions as prescribed in the Exports (Fresh Fruit) Regulations. The policy objective was to ensure that exports of fresh fruit were controlled to protect national interests, thereby maintaining the quality and availability of these goods within Australia.
Scope and Application
The Exports (Fresh Fruit) Regulations, as outlined in Statutory Rules 1948 No. 29, apply to the exportation of fresh fruit from Australia. These regulations are made under the authority of the Customs Act 1901-1947 and the Commerce (Trade Descriptions) Act 1905-1933, with the intent to prevent the exportation of fresh fruit that could be harmful to the Commonwealth. The regulations specifically target the conditions and restrictions that must be met for the export of fresh fruit, including the imposition of fees as outlined in Regulation 30. The amendments to these regulations are meant to provide clarity and enforce the stipulated conditions more effectively, ensuring that exports meet certain standards and do not pose any potential harm to the nation. These regulations apply on a national level, impacting all individuals and entities involved in the export of fresh fruit across Australia.
Key Provisions
The main operative sections of the Statutory Rules 1948 No. 29, under the Customs Act 1901-1947 and the Commerce (Trade Descriptions) Act 1905-1933, pertain to the prohibition of the exportation of fresh fruit unless it meets certain conditions and restrictions as outlined in the Exports (Fresh Fruit) Regulations (section 112). The amendment specifically modifies the inspection fees for fresh fruit exports, raising them from four shillings and sixpence to six shillings and sixpence. This change is made to ensure that the export of fresh fruit does not harm the Commonwealth, aligning with the overarching legislative intent to regulate trade for the benefit of national interests.
The Regulations impose specific obligations and requirements on parties and entities involved in the export of fresh fruit. They must ensure that any fresh fruit intended for export complies with the stipulated conditions and restrictions set out in the Exports (Fresh Fruit) Regulations. This includes adhering to the updated inspection fee, which is now six shillings and sixpence, reflecting the costs associated with ensuring that the fruit meets the necessary standards for export. Exporters must also ensure that the fresh fruit is inspected and certified as per the regulations before it can be exported.
Failure to comply with the provisions outlined in the Statutory Rules 1948 No. 29 may result in various civil or criminal consequences. Specifically, breaches of the export regulations could lead to penalties as prescribed by the relevant legislation. While the specific penalties are not detailed in the provided excerpt, it is clear that non-compliance could result in fines, legal action, or other sanctions intended to enforce adherence to the stipulated export conditions. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions outlined in the Customs Act 1901-1947 or the Commerce (Trade Descriptions) Act 1905-1933.