STATUTORY RULES.
1959. No. 12
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 20th day of February, 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 Vegetables) Regulations.†
First Schedule Item 1.
1. Item 1 of the First Schedule to the Exports (Fresh Vegetables) Regulations is amended by omitting from the second column the table in sub-paragraph (1.) of paragraph 4 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 ........ | 231/2 x151/2 x 151/2 ... | Octagonal ..... | Beetroot, carrots, onions, parsnips, potatoes, swede turnips and other root vegetables |
Crate B ........ | 25 x 111/2 x 111/2 .... | Rectangular .... | All vegetables |
Crate C ........ | 25 x 111/2 x 171/2 .... | Rectangular .... | Cabbages, cauliflowers and other leaf vegetables |
Crate D ........ | 221/2 x 151/2 x6, 7, 8 or 9 | Rectangular .... | Cabbages, cauliflowers and other leaf vegetables |
Crate E ........ | 211/2 x 131/2 x 151/2 ... | Rectangular .... | Cabbages and root vegetables |
Crate F ........ | 19 x 221/2 x 81/2 | Rectangular .... | Celery |
Crate G ........ | 231/2 x 151/2 x 151/2 ... | Rectangular .... | Cabbages and root vegetables |
| | | |
* Notified in the Commonwealth Gazette on 26th February, 1959.
† Statutory Rules 1950, No. 53, as amended by Statutory Rules 1951, No. 128; 1952, No. 110; 1954, Nos. 10 and 48; 1955, No. 19; 1956, Nos. 11 and 122; and 1957, No. 35.
535/59.—Price 3d. 10/28.1.1959.
First Schedule Item 6.
2. Item 6 of the First Schedule to the Exports (Fresh Vegetables) Regulations is amended—
(a) by adding in the second column, at the end of paragraph 3, the following words:—
“‘A Grade Large’—not less than three inches in diameter.
‘Pickler Grade’—not less than three-quarters of an inch and not more than one and one-half inches in diameter.”; and
(b) by omitting from the third column the words “or ‘A Grade Medium’” “and inserting in their stead the words “, ‘A Grade Medium’, ‘A Grade Large’ or ‘Pickler Grade’ ”.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1959 No. 12, Regulations under the Customs Act 1901-1957 and the Commerce (Trade Descriptions) Act 1905-1950, was enacted to provide regulatory adjustments for the exports of fresh vegetables. The legislation was introduced by the Governor-General in accordance with the advice of the Federal Executive Council, and it amends the Exports (Fresh Vegetables) Regulations to update the specifications and classifications for the crates used in exporting fresh vegetables. The regulations aim to ensure that the quality and classification of vegetables meet the necessary standards for export, thereby maintaining the integrity and reputation of Australian produce in international markets.
Scope and Application
The Regulations under the Customs Act 1901-1957 and the Commerce (Trade Descriptions) Act 1905-1950 primarily apply to the export of fresh vegetables from Australia, with a specific focus on the types of crates used for packing these vegetables and the sizes of the vegetables themselves. These regulations are designed to standardise the export process and ensure that the produce meets certain quality and packaging standards before it is shipped overseas. The regulations apply to all entities and persons involved in the export of fresh vegetables, including farmers, packers, exporters, and customs officers. The jurisdictional reach of these regulations is national, as they are enacted under Commonwealth authority. The regulations provide specific details on the dimensions and shapes of crates that can be used for different types of vegetables, as well as the minimum and maximum sizes for certain grades of vegetables, ensuring that the produce adheres to the set standards for export. The application of these regulations is further extended and defined through subordinate instruments which detail the specific standards and procedures for the export of fresh vegetables.
Key Provisions
The main operative sections of these Regulations amend the Exports (Fresh Vegetables) Regulations, particularly in relation to the specifications for crates and grades of vegetables to be exported. Section 1 of the First Schedule amends the table detailing the dimensions and shapes of crates for different types of vegetables, while Section 6 modifies the criteria for grading vegetables based on their diameter. Specifically, Section 1 introduces new crate specifications with precise dimensions and shapes tailored for various types of vegetables, such as beetroot, carrots, cabbages, and celery. Section 6 further refines the grading system by adding new categories, ‘A Grade Large’ and ‘Pickler Grade’, alongside the existing ‘A Grade Medium’.
These Regulations impose specific obligations on exporters of fresh vegetables. Exporters must adhere to the new crate specifications outlined in Section 1, ensuring that each type of vegetable is packed in the appropriate crate with the correct dimensions and shape. Additionally, exporters must comply with the new grading criteria specified in Section 6, ensuring that vegetables are accurately graded based on their diameter before being exported. Failure to meet these requirements can result in non-compliance with the Customs Act 1901-1957 and the Commerce (Trade Descriptions) Act 1905-1950, potentially leading to legal consequences.
Breaches of these Regulations may result in various penalties. Under the Customs Act 1901-1957, non-compliance with the specified crate dimensions and shapes can lead to penalties, including fines. The exact amount of the fine is not specified in the Regulations but is generally determined by the severity of the breach. Additionally, under the Commerce (Trade Descriptions) Act 1905-1950, mislabelling or misgrading of vegetables can result in fines or other civil penalties. These penalties serve as deterrents to ensure adherence to the Regulations and the maintenance of quality standards in vegetable exports.