Exports (General) Regulations (Amendment)

Legislation au C1963L00029 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1963. No. 29.

 

REGULATIONS UNDER THE CUSTOMS ACT 1901-1960 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 1901-1960 and the Commerce (Trade Descriptions) Act 1905-1950.

Dated this twenty-ninth day of March, 1963.

DE L’ISLE

Governor-General

By His Excellency’s Command,

(sgd.) C. F. ADERMANN

Minister of State for Primary Industry and for and on behalf of the Minister of State for Customs and Excise.

 

Amendments of The Exports (General) Regulations.†

Definitions.

1. Regulation 4 of the Exports (General) Regulations is amended by omitting the definition of “ analyst ”.

2. Regulations 21, 22 and 23 of the Exports (General) Regulations are repealed and the following regulations inserted in their stead:—

Registration of brands.

“ 21.—(1.) Subject to regulation 23 of these Regulations, the Secretary—

(a) may register a brand as a brand that may be included in the trade description of goods to which these Regulations apply; and

(b) shall keep a register, to be known as the Register of Brands, of the brands so registered.

“ (2.) A brand may be registered for any one or more of the goods to which these Regulations apply.

“ (3.) The register of brands kept by the Secretary under these Regulations as in force immediately before the commencement of this regulation and any register incorporated with and forming part of that register shall be incorporated with and form part of the register kept under this regulation.

 

* Notified in the Commonwealth Gazette on 10th April, 1963.

† Statutory Rules 1954, No. 1 as amended by Statutory Rules 1954, Nos. 42 and 91; 1955, No. 91; 1956, Nos. 7 and 120; and 1960, Nos. 40 and 69.

5686/62.—Price 3d.        10/8.3.1963.


Application to be accompanied by copies of brand.

“ 22. An application for the registration of a brand shall be accompanied by seven copies of the brand.

Registration as trade mark necessary.

“ 23. A brand shall not be registered under these Regulations unless it is registered, or deemed to be registered, in the Register of Trade Marks kept under the Trade Marks Act 1955-1958, as a trade mark and unless the applicant is the registered proprietor or a registered user of the trade mark.”.

3. Regulations 27, 28 and 29 of the Exports (General) Regulations are repealed and the following regulations inserted in their stead:—

Prescribed goods.

“ 27. Goods to which these Regulations apply are prescribed goods for the purposes of section 5 of the Commerce (Trade Descriptions) Act 1905-1950.

Analysts.

“ 28.—(1.) The Minister may appoint to be analysts, for the purposes of these Regulations, persons who he is satisfied have the necessary qualifications.

“ (2.) An officer of the Department of Customs and Excise for the time being occupying a prescribed office in that Department shall be deemed to have been appointed to be an analyst under the last preceding sub-regulation.

“ (3.) The following offices are prescribed offices for the purpose of the last preceding sub-regulation:—

(a) Commonwealth Analyst;

(b) Supervising Analyst;

(c) Senior Analyst; and

(d) Analyst.

“ (4.) An analyst may analyse samples taken by an officer under the Commerce (Trade Descriptions) Act 1905-1950 of goods to which these Regulations apply.

Certificates by analysts.

“ 29.—(1.) In proceedings under the Customs Act 1901-1960, the Commerce (Trade Descriptions) Act 1905-1950 or these Regulations in relation to goods to which these Regulations apply—

(a) a certificate by writing under the hand of an analyst setting out that he has examined or made an analysis of a sample of those goods and stating the result of the examination or analysis is prima facie evidence of the matters stated in the certificate; and

(b) a document purporting to be such a certificate shall, unless the contrary is proved, be deemed to be such a certificate.

“ (2.) Where a certificate has been given by an analyst stating the result of an examination or analysis of a sample of goods to which these Regulations apply, the Secretary may furnish a copy of the certificate to the manufacturer, producer or exporter if the manufacturer, producer or exporter so requests and pays—

(a) in the case of an examination or analysis made at the request of the manufacturer, producer or exporter—a fee of Fifteen shillings; or

(b) in any other case—a fee of Three shillings.”.


Fees for inspection out of ordinary hours.

4. Regulation 30 of the Exports (General) Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“ (3.) In this regulation—

‘ holiday ’, in relation to the services of an officer on a day, means a day observed as a holiday under section 76 of the Public Service Act 1922-1960 at the place at which the attendance of the officer is required;

‘ officer ’ has the same meaning as in section 4 of the Customs Act 1901-1960.”.

Second Schedule.

5. The Second Schedule to the Exports (General) Regulations is amended—

(a) by omitting from the paragraph numbered 4 in the second column of item 2 opposite to the words “ (b) Orange juice ” the words “ shall not be sweetened and ” and inserting in their steads the words “, if not sweetened,”;

(b) by inserting after that paragraph the following paragraph:—

“ 4a. The juice may be sweetened with sugar and, if so sweetened, it shall have a density of not more than 16.0 degrees Brix.”; and

(c) by omitting from paragraph 3 of the second column of item 3 the words “ Commerce (Meat Export) Regulations ” and inserting in their stead the words “ Exports (Meat) Regulations ”.

 

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

Overview

The Statutory Rules 1963, No. 29, titled "Regulations Under the Customs Act 1901-1960 and the Commerce (Trade Descriptions) Act 1905-1950," was enacted to address certain gaps and inconsistencies within the regulatory framework governing exports, trade descriptions, and brand registration in Australia. This legislative instrument was issued under the authority of the Governor-General, acting on the advice of the Federal Executive Council. The primary objective of these regulations is to streamline the registration process for brands, enhance the oversight of exported goods, and ensure that trade descriptions comply with established standards. By amending and repealing certain sections of the Exports (General) Regulations, these rules aim to improve the administration and enforcement of export controls and brand integrity, thus supporting the broader policy objective of maintaining high standards in Australian exports.

Scope and Application

These Regulations, made under the Customs Act 1901-1960 and the Commerce (Trade Descriptions) Act 1905-1950, primarily govern the registration of brands for inclusion in the trade description of exported goods and the role of analysts in the examination and analysis of samples of such goods. They apply to all entities involved in the exportation of prescribed goods as defined under the Commerce (Trade Descriptions) Act 1905-1950. The scope of the Act extends across the Commonwealth of Australia, ensuring uniformity in the regulation of exports and trade descriptions. The Regulations allow for the registration of brands for export goods, requiring these brands to be registered or deemed to be registered as trademarks under the Trade Marks Act 1955-1958, with the applicant being either the registered proprietor or a registered user of the trademark. Analysts, who must be qualified and appointed by the Minister, are authorised to examine and analyse samples of exported goods, and their certificates are considered prima facie evidence in related proceedings. The Regulations also outline fees for inspections conducted outside ordinary hours and provide for the amendment of specific conditions related to the export of goods such as orange juice and meat. Subordinate instruments may extend or further detail the application of these Regulations as necessary.

Key Provisions

The statutory rules under the Customs Act 1901-1960 and the Commerce (Trade Descriptions) Act 1905-1950 include several amendments and new provisions to the Exports (General) Regulations. Regulation 4, which previously defined "analyst," has been omitted (Regulation 1). New regulations 21 to 23 replace the repealed regulations 21 to 23, governing the registration of brands for inclusion in the trade description of goods subject to these regulations (Regulation 2). Regulation 21 mandates that the Secretary may register brands and maintain a Register of Brands, with brands potentially registered for one or multiple goods (Regulation 21(1)-(3)). Regulation 22 requires that an application for brand registration must be accompanied by seven copies of the brand (Regulation 22). Regulation 23 stipulates that a brand cannot be registered unless it is registered or deemed to be registered as a trademark under the Trade Marks Act 1955-1958 and the applicant is the registered proprietor or a registered user of the trademark (Regulation 23). These regulations impose several obligations on parties involved in the export of goods. Firstly, any party seeking to register a brand must submit an application with the necessary documentation, including seven copies of the brand, to the Secretary (Regulation 21(1)-(3)). Additionally, the brand must be registered or deemed to be registered as a trademark under the Trade Marks Act 1955-1958, with the applicant holding the status of a registered proprietor or a registered user (Regulation 23). The Secretary is also responsible for maintaining the Register of Brands and providing copies of certificates issued by analysts to manufacturers, producers, or exporters upon request and payment of the specified fees (Regulation 21(2), Regulation 29(2)). The legislation also outlines consequences for non-compliance. While the specific offences, penalties, or civil and criminal consequences for breach are not detailed in the provided extract, the use of terms such as "prima facie evidence" in relation to analyst certificates (Regulation 29(1)) suggests that failure to comply with the regulations could lead to legal challenges and potential penalties in court proceedings. Furthermore, the imposition of fees for specific services, such as the provision of analyst certificates (Regulation 29(2)), indicates that financial penalties may apply for non-payment or improper requests. However, the exact penalties are not specified in the text provided.

Legal classification tags

Area of Law
Commercial Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
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.