STATUTORY RULES.
1957. No. 35.
REGULATION 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 Regulation under the Customs Act 1901-1957 and the Commerce (Trade Descriptions) Act 1905-1950.
Dated this tenth
day of July , 1957.
W. J. Slim
Governor-General.
By His Excellency’s Command,
(Sgd) William McMahon
Minister of State for Primary Industry and for and on behalf of the Minister of State for Customs and Excise.
Amendment of the Exports (Fresh Vegetables) Regulations.†
First Schedule.
The First Schedule to the Exports (Fresh Vegetables) Regulations is amended by omitting the table in sub-paragraph (1.) of paragraph 4 in the Second Column of item 1 and inserting in its stead the following table:—
Description of Crate. | Inside Dimensions of Crate in Inches. | Shape of End of Crate. | Kinds of Vegetables to be Packed in Crates. |
Crate A .. | 22½ x 15½ x 15½ | Octagonal ..... | Beetroot, carrots, onions, parsnips, potatoes, swede turnips and other root vegetables |
Crate B .. | 25 x 11½ x 11½ | Rectangular .... | All vegetables |
Crate C .. | 25 x 11½ x 17½ | Rectangular .... | Cabbages, cauliflowers and other leaf vegetables |
Crate D .. | 22½ x 15½ x 6, 7, 8 or 9 | Rectangular .... | Cabbages, cauliflowers and other leaf vegetables |
Crate E .. | 20 x 13½ x 15½ | Rectangular .... | Cabbages and root vegetables |
Crate F .. | 19 x 22½ x 8½ .. | Rectangular .... | Celery |
* Notified in the Commonwealth Gazette on , 1957.
† Statutory Rules 1950, No. 53, as amended by Statutory Rules 1951, No. 128; 1952, No. 110; 1954, Nos. 10 and 48; 1955, No. 19; and 1956, Nos. 11 and 122.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
3113/57.—Price 3d. 9/30.5.1957.
Overview
The Statutory Rules 1957 No. 35, enacted on July 10, 1957, by the Governor-General in the Federal Executive Council, represents a legislative instrument under the Customs Act 1901-1957 and the Commerce (Trade Descriptions) Act 1905-1950. This regulation aims to address the need for updated standards and specifications in the exportation of fresh vegetables from Australia. It specifically modifies the Exports (Fresh Vegetables) Regulations to ensure the correct dimensions and types of crates used for different kinds of vegetables, thereby enhancing the efficiency and compliance of vegetable exports. The regulation underscores the government's commitment to maintaining high standards in trade descriptions and ensuring the quality of exported goods.
Scope and Application
This statutory regulation, made under the Customs Act 1901-1957 and the Commerce (Trade Descriptions) Act 1905-1950, pertains to the exports of fresh vegetables and specifically amends the Exports (Fresh Vegetables) Regulations. It applies to individuals and entities involved in the export of fresh vegetables from Australia, dictating the permissible dimensions, shapes, and types of crates that can be used for different kinds of vegetables. The regulation is applicable across the Commonwealth of Australia, impacting exporters and the agricultural sector engaged in the export of fresh produce. The regulation does not explicitly mention any exclusions or thresholds, but it does set out specific requirements for crate dimensions and shapes depending on the type of vegetable being exported, thereby ensuring consistency and compliance with trade standards.
Key Provisions
The key operative sections of the regulation, as outlined in the First Schedule, involve the amendment of the Exports (Fresh Vegetables) Regulations by altering the table in sub-paragraph (1.) of paragraph 4 in the Second Column of item 1 (1). This amendment specifies the inside dimensions, shape, and types of vegetables to be packed for different crate categories, namely Crate A, Crate B, Crate C, Crate D, Crate E, and Crate F. The regulation provides precise measurements and descriptions of each crate type to ensure clarity in the exportation of fresh vegetables.
The obligations imposed by this regulation on the parties or entities it governs include adherence to the specified dimensions and shapes of the crates as well as ensuring that the correct types of vegetables are packed into each designated crate. Exporters must follow these guidelines to comply with the Customs Act 1901-1957 and the Commerce (Trade Descriptions) Act 1905-1950. Failure to comply with these specifications may result in the goods being refused entry into the importing country, leading to potential financial losses and disruptions in trade.
Breaches of this regulation may result in civil and criminal consequences. Under the Customs Act 1901-1957, penalties for non-compliance can include fines, the seizure of goods, and potential legal action against the offending party. The maximum penalties are not explicitly stated in the regulation but may be determined by the applicable provisions of the primary Acts and any relevant case law. Additionally, under the Commerce (Trade Descriptions) Act 1905-1950, penalties for incorrect trade descriptions can also include fines and imprisonment, depending on the severity of the breach and the intent behind it.