STATUTORY RULES.
1954. No. 91
REGULATIONS UNDER THE CUSTOMS ACT 1901-1953 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 1901-1953 and the Commerce (Trade Descriptions) Act 1905-1950.
Dated this eighteenth
day of August , 1954.
W. J. Slim
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.
Amendments of the Exports (General) Regulations.†
Requirements as to trade description.
1. Regulation 10 of the Exports (General) Regulations is amended by inserting in paragraph (e) of sub-regulation (1.), after the word “plants”, the words “, dried field peas and horse or tick beans”.
Second Schedule.
2. The Second Schedule to the Exports (General) Regulations is amended—
(a) by inserting after item 1 the following item:—
“1a. Dried Field Peas | 1. The peas shall have been machine cleaned 2. The peas shall be hard well-filled peas of characteristic colour for the variety 3. The peas shall be of a size that will not pass through a three-sixteenth of an inch round riddle 4. The peas shall not contain more than two per centum by weight of sprouted, grub-eaten and otherwise damaged peas and foreign matter, and shall otherwise be free from disease 5. The peas shall conform to a grain standard approved by the Secretary for the variety | 1. The trade description shall include a statement of the year in which the peas were harvested 2. For the purposes of the statement referred to in the last preceding paragraph, peas harvested in December in any year shall be deemed to be included in the crop of the next succeeding year. 3. The trade description shall not include the name of a variety of field peas unless the peas contain not less than 90 per centum by weight of that variety 4. The trade description shall include the |
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* Notified in the Commonwealth Gazette on , 1954.
† Statutory Rules 1954, No. 1, as amended by Statutory Rules 1954, No. 42.
723.—Price 3d. 9/22.6.1954.
| 6. The peas shall be packed in new bags, unless the Secretary permits the use of other containers | word ‘mixed’ in conjunction with the name of the variety if the peas contain more than 90 per centum by weight of the variety but less than— |
| | (a) in the case of blue field peas, maple field peas or grey field peas —99 per centum by weight of the variety; or |
| | (b) in any other case—97 per centum by weight of the variety”; |
(b) by inserting after item 4 the following item:—
“4a. Horse or Tick Beans | 1. The beans shall be graded into either of two grades, ‘Machine Cleaned’ or ‘Farm Cleaned’ | 1. The trade description shall include a statement of the year in which the beans were harvested |
| 2. The beans shall be hard, well-filled beans of characteristic colour for the variety | 2. The trade description shall include the words ‘Machine Cleaned’ or ‘Farm Cleaned’, as the case may be”; and |
| 3. The beans shall be of a size that will not pass through a one-quarter of an inch round riddle | |
| 4. The beans shall not contain more than— | |
| (a) in the case of ‘Machine Cleaned’ beans — two per centum; and | |
| (b) in the case of ‘Farm Cleaned’ beans— five per centum, by weight of foreign matter, foreign varieties of beans and sprouted, grub-eaten or otherwise damaged beans, and shall be otherwise free from disease | |
| 6. The beans shall be packed in new bags, unless the Secretary permits the use of other containers | |
(c) by inserting in item 9 in the first column, after the word “preserved”, the words “other than dried field peas and horse or tick beans”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1954 No. 91, enacted in 1954, represent a legislative instrument made under the authority of the Customs Act 1901-1953 and the Commerce (Trade Descriptions) Act 1905-1950. These regulations were introduced to address the need for specific standards and requirements concerning the description and quality of exports, particularly focusing on the trade of dried field peas and horse or tick beans. The regulations were made by the Governor-General in Council, acting on the advice of the relevant ministers. The overarching policy objective of these regulations is to ensure that exports meet certain quality and descriptive standards to maintain the integrity and reputation of Australian agricultural products in the international market.
These amendments to the Exports (General) Regulations specify detailed criteria for the quality and description of dried field peas and horse or tick beans, including their cleaning, grading, size, allowable foreign matter, and packaging requirements. By inserting specific standards and descriptive requirements, the regulations aim to provide clarity and consistency in the export process, ensuring that Australian products meet the necessary quality benchmarks and are accurately described in international trade.
Scope and Application
The Regulations under the Customs Act 1901-1953 and the Commerce (Trade Descriptions) Act 1905-1950 apply to the export of dried field peas and horse or tick beans. The scope of the regulations includes the requirements for the quality, grading, and packaging of these goods intended for export. The regulations are applicable nationally across the Commonwealth of Australia, ensuring that all exports of these commodities comply with the specified standards and descriptions. The amendments to the Exports (General) Regulations detail specific criteria such as the size, cleanliness, and allowable percentage of damage or foreign matter for both dried field peas and horse or tick beans. Additionally, the regulations mandate certain trade descriptions, including the inclusion of harvest year and bean grade, ensuring transparency and quality control in the export market. Any exemptions or variations from these requirements must be approved by the Secretary, maintaining a stringent regulatory environment for these exports.
Key Provisions
The main operative sections of these regulations (Statutory Rules 1954, No. 91) pertain to amendments of the Exports (General) Regulations under the Customs Act 1901-1953 and the Commerce (Trade Descriptions) Act 1905-1950. Regulation 10 (1) of the Exports (General) Regulations is amended to include dried field peas and horse or tick beans, imposing specific standards and trade descriptions for these goods when exported. The Second Schedule further details the requirements for these items, including their physical attributes, permissible levels of damage or foreign matter, and packaging requirements.
Under these regulations, parties exporting dried field peas must ensure the peas meet certain criteria: they must be machine cleaned, of a specific size, and contain no more than two percent by weight of damaged peas and foreign matter. The peas must also conform to an approved grain standard and be packed in new bags, unless otherwise permitted by the Secretary. For horse or tick beans, the regulations specify that they must be either machine cleaned or farm cleaned, of a certain size, and contain no more than two percent or five percent, respectively, by weight of foreign matter, damaged beans, and must also be packed in new bags unless otherwise permitted.
The regulations impose obligations on exporters to adhere to these standards and ensure that the trade descriptions accurately reflect the quality and characteristics of the goods. For example, the trade description for dried field peas must include the year of harvest and the variety, while for horse or tick beans, it must include the year of harvest and whether they are machine cleaned or farm cleaned. The regulations also mandate that the trade description for dried field peas must not include the name of a specific variety unless it constitutes at least 90 percent of the peas by weight, with the option to use the term 'mixed' if the variety constitutes more than 90 percent but less than 97 or 99 percent, depending on the type.
In terms of penalties, while the regulations themselves do not explicitly state penalties for non-compliance, breaches of the Customs Act 1901-1953 and the Commerce (Trade Descriptions) Act 1905-1950 could result in significant civil or criminal consequences. Under these Acts, penalties for false or misleading trade descriptions can include fines and imprisonment. For instance, under the Trade Practices Act 1974, penalties for misleading or deceptive conduct can include fines of up to $1.1 million for corporations and $110,000 for individuals, along with potential imprisonment terms.