Exports (General) Regulations (Amendment)

Overview

Statutory Rules 1947, No. 11, enacted on 12 January 1948, amends the Export (General) Regulations under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933. This legislative instrument addresses the need to refine the specifications for the export of jams, ensuring compliance with the standards of water-soluble content for different types of jam. The regulation was issued by the Governor-General, acting on the advice of the Federal Executive Council, and is part of a series of amendments to the Export (General) Regulations aimed at maintaining quality standards for exported goods. The overarching policy objective is to ensure that Australian exports meet the required quality benchmarks, thereby protecting consumer interests and maintaining the reputation of Australian products abroad.

Scope and Application

The Statutory Rules 1947, No. 11, made under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933, pertains specifically to the amendment of the Export (General) Regulations. This legislative instrument applies to entities and individuals engaged in the export of goods, particularly those involved in the export of jam products, as specified in the First Schedule of the Export (General) Regulations. The regulation sets forth precise standards concerning the water-soluble content of jam, stipulating that it should not exceed 71 per centum by weight, with exceptions for gooseberry or quince jam where the water-soluble content must be no less than 64 per centum and no more than 71 per centum by weight. The regulation's scope is limited to the Commonwealth of Australia and affects entities engaged in the export of goods, including but not limited to jam products. The regulation extends its application through subordinate instruments by amending the First Schedule to the Export (General) Regulations, thereby enforcing compliance with the specified standards.

Key Provisions

The main operative sections of this legislative instrument pertain to the amendment of the Export (General) Regulations under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933. Specifically, Item 5 of the First Schedule to the Export (General) Regulations is amended to adjust the allowable water-soluble content for certain types of jam (sections 2(a) and 2(b)). For general jams, the water-soluble content must not exceed 71 per centum by weight, except for gooseberry or quince jams, which must not be less than 64 per centum nor more than 71 per centum by weight. Additionally, paragraphs 3 and 4 of the First Schedule are amended to ensure that the water-soluble content does not exceed 71 per centum by weight. The Act imposes obligations on entities involved in the export of jams to ensure compliance with the specified water-soluble content requirements. Exporters must verify that the content of their products meets the stipulated percentages, and this verification must be accurately reflected in the documentation accompanying the export. Failure to adhere to these requirements may result in the goods being refused entry or confiscated at the point of export or import. Breaches of these regulations may result in civil and criminal penalties. The precise penalties are not explicitly stated in the provided text, but under the Customs Act and the Commerce (Trade Descriptions) Act, non-compliance can lead to fines, legal action, and potential criminal charges. The severity of the penalties would depend on the nature and extent of the breach, and could include substantial fines or imprisonment for serious or repeated violations. The Customs Act provides for penalties that can be severe, reflecting the importance of compliance with trade regulations to ensure consumer protection and fair trading practices.