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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These regulations create a strict quality-control regime for fresh fruit exports from Australia: fruit may only be exported under permit after Department inspection and must meet specified standards for variety, size, packing, labelling and grade. They apply to growers, packers, exporters, shippers and inspection authorities.
By enforcing inspections, packaging and labelling rules, scientific quality tests and a ban on pest-infested produce, the rules protect Australia’s biosecurity, export reputation and international market access for Australian fruit.
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Direct links to the current provisions in Exports (Fresh Fruit) Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1938. No. 29.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1936 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933.*
WHEREAS by section 112 of the Customs Act 1901-1936 it is provided that the Governor-General may, by regulation, prohibit the exportation of any goods—
(a) the exportation of which would, in his opinion, be harmful to the Commonwealth; or
(b) which have not been prepared or manufactured for export under the prescribed conditions as to purity, soundness, or freedom from disease, or which do not conform to the prescribed conditions as to purity, soundness, or freedom from disease:
And whereas it is provided by the said section that the said power of prohibition shall extend to authorize the prohibition of the exportation of the goods generally, or to any specified place, and either absolutely or so as to allow of the exportation of the goods subject to any condition or restriction:
And whereas I am of opinion that the exportation of fresh fruit, except subject to the conditions and restrictions prescribed by the following Regulations, would be harmful to the Commonwealth:
Now therefore 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 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933.
Dated this fifteenth day of March, 1938.
Governor-General.
By His Excellency’s Command,
for Minister of State for Commerce and for and on behalf of the Minister of State for Trade and Customs.
EXPORTS (FRESH FRUIT) REGULATIONS.
Part I. —Preliminary.
Citation.
Repeal.
* Notified in the Commonwealth Gazette on , 1938.
447.—22/10.2.1938.—Price 1s. 3d.
Parts.
Part I. —Preliminary.
Part II. —General Provisions as to Exportation of Fresh Fruit.
Part III. —Trade Descriptions.
Part IV. —Supervision, Inspection and Examination.
Part V. —Registration of Brands.
Part VI. —Miscellaneous.
Definitions.
4.—(1.) In these Regulations, unless the contrary intention appears—
“appointed analyst” means a person appointed as an analyst under sub-regulation (1.) of regulation 27 of these Regulations, or for the purposes of the Customs Act 1901-1936;
“appointed place” means a place appointed under regulation 14 of these Regulations to be a place where fresh fruit which is intended for export may be inspected and examined, and includes any wharf at which fresh fruit is to be shipped and any ship used, or intended to be used, for the conveyance for export of fresh fruit;
“coverings” means all the principal coverings in which fresh fruit is contained;
“diameter”, in relation to fresh fruit, means the greatest transverse measurement of the fruit taken at right angles to the line joining the stem and the calyx;
“disease” means any abnormal condition of or in fresh fruit, and includes any condition arising from the presence of, or caused by, or due to, the operations, development, growth or decay of any insect or fungus;
“dry”, in relation to mandarins, means that the weight of juice extractable (by means of rotating the halves of a freshly divided mandarin on a conical glass lemon squeezer under hand pressure only and straining the resultant juice through a strainer of not less than 30 meshes to the lineal inch) is less than 30 per centum of the total weight of the mandarin;
“dry”, in relation to oranges, means that the weight of juice extractable (by means of rotating the halves of a freshly divided orange on a conical glass lemon squeezer under hand pressure only and straining the resultant juice through a strainer of not less than 30 meshes to the lineal inch) is less than 35 per centum of the total weight of the orange;
“Eastern port” means any port between the 80th and 180th degrees of east longitude and north of the 30th parallel of south latitude;
“mature”, in relation to grapes, means that the filtered juice of the grapes is not less than 9 degrees Beaumé at 60 degrees Fahrenheit;
“mature”, in relation to oranges, means that the oranges shall be in such condition that the quantity of N/10 soda solution required to neutralize the acidity content of ten cubic
centimetres of juice drawn from the mixed juices of not less than five oranges taken at random from any case or cases bearing a similar mark shall be not more than—
(a) thirty cubic centimeters in the case of oranges intended for shipment to any place in Europe; and
(b) twenty-six cubic centimetres in the case of oranges intended for shipment to any other place;
“officer” means an officer as defined by the Commerce (Trade Descriptions) Act 1905-1933;
“registered brand” means a brand registered, or deemed to be registered, under Part V. of these Regulations;
“season” means the period commencing on the first day of November in any year and ending on the thirty-first day of October of the succeeding year;
“the Department” means the Department of Commerce;
“the Minister” means the Minister of State for Commerce;
“the Secretary” means the Secretary of the Department.
(2.) In these Regulations, any reference to a Schedule shall be read as a reference to a Schedule to these Regulations, and any reference to a Form shall be read as a reference to a Form contained in the Second Schedule.
Regulations do not apply to ships’ stores.
5. These Regulations shall not apply to ships’ stores brought to or shipped in Australia.
Past II. —General Provisions as to Exportation OF Fresh Fruit.
Export of fresh fruit prohibited except subject to conditions.
6.—(1.) The exportation of fresh fruit is prohibited unless—
(a) the Secretary is satisfied that the fresh fruit has been prepared and packed for export in an establishment which is constructed, equipped and operated in an efficient and hygienic manner;
(b) the conditions and restrictions (if any) specified in the second column of the First Schedule opposite to the name or description of the fresh fruit are complied with; and
(c) the exporter has obtained an export permit in accordance with these Regulations in respect of the fresh fruit.
(2.) The provisions of paragraph (b) of the last preceding sub-regulation shall not apply to any fresh fruit in respect of which the Secretary certifies that, for the purposes of experiment, or on account of exceptional circumstances, it is desirable that that paragraph should not apply to that fresh fruit.
Officers may enter establishments, take samples, &c.
Fruit affected by San José scale not to be exported.
8. The exportation of fresh fruit which is affected by San José scale is prohibited.
Part III. —Trade Descriptions.
Export of fresh fruit prohibited unless trade description applied.
Trade description.
10.—(1.) The trade description to be applied to any fresh fruit intended for export shall comply with the provisions of this regulation and with the provisions (if any) specified in the third column of the First Schedule opposite to the name or description of the fruit.
(2.) The trade description—
(a) shall be in the form of a principal label or brand affixed to the coverings containing the fruit in a prominent position and in a conspicuous and reasonably permanent manner;
(b) shall contain, in prominent and legible characters, a true description of the fruit, together with the word “Australia”, and may include in addition the name of the State or Territory in which the fruit was produced; and
(c) shall include one or both of the following particulars, namely:—
(i) the name of the producer or exporter;
(ii) the registered brand of the producer or exporter:
Provided that the Secretary may, subject to such conditions as he thinks fit, permit the consignee’s brand to be included in the trade description in lieu of the registered brand of the producer or exporter:
Provided further that where the producer is not the exporter, the trade description shall include the producer’s name or registered brand, unless the exporter sets forth in the notice of intention to export the name and address of the producer.
(3.) Where the name of any State or Territory is included in the trade description, it shall be the name of the State or Territory in which the fruit was produced.
Trade description applies as at time of shipment.
11. The trade description to be applied to fresh fruit in pursuance of these Regulations shall have relation to the condition of the fruit as at the time of shipment.
Trade description and official marts not to be interfered with.
Penalty: Fifty pounds.
Part IV. —Supervision, Inspection and Examination.
Preparation of fresh fruit under supervision.
13.—(1.) Upon the application of any person engaged in the preparation of fresh fruit intended for export, the Secretary may make available the services of an officer to supervise the preparation of the fruit and that person may then attach or affix to coverings containing the fruit a label setting out that the fruit has been prepared under such supervision and the supervising officer may sign or stamp his name upon the label.
(2.) Where the services of an officer are made available in pursuance of an application under this regulation, the applicant shall pay to the Department the sum of Three shillings for each
hour during which the officer is engaged in supervising the preparation of the fruit, and, in addition, in any case where the amount so payable is exceeded by the expenses incurred by the Department in supplying the services of the officer, the Minister may require to be paid, and if the Minister so requires, the applicant shall pay, a sum equal to the amount of the excess.
Secretary may appoint places for inspection of exports.
14.—(1.) The Secretary may, by writing under his hand, appoint any place to be a place where fresh fruit intended for export may be inspected and examined.
(2.) In exercising his powers under this regulation, the Secretary may limit the appointment of any place to the inspection and examination of any particular kind of fresh fruit, or may attach to the appointment any other condition or restriction.
Fresh fruit to be sent to appointed places.
Examination at places other than appointed places.
Notice of intention to export, and declaration
17.—(1.) A person who intends to export any fresh fruit shall furnish to the Department a notice and declaration in writing in accordance with Form 1 or Form 2.
(2.) A notice in accordance with Form 1 shall be furnished at least one clear working day before the proposed date of shipment.
(3.) A notice in accordance with Form 2 shall be in respect of fruit to be exported during a period not exceeding one year specified in the notice and shall be furnished at least one clear working day before the proposed date of the first shipment of fruit in respect of which the notice is furnished.
(4.) Where a notice in accordance with Form 2 is furnished, the exporter shall, at least one clear day before the proposed date of shipment of any fresh fruit, furnish to the Department a notice in accordance with Form 3.
(5.) Where the exporter of any fresh fruit is not the producer thereof, the producer may, at the time the fruit is submitted for inspection and examination, furnish to the officer by which the fruit is to be inspected and examined an advice note in accordance with Form 4, and in that case it shall not be necessary for the notice in accordance with Form 1 or Form 3, as the case may be, furnished by the exporter, to include such of the particulars of the fruit as are specified in the advice note.
False declarations.
18.—(1.) A person shall not make any false or misleading statement in any declaration furnished in pursuance of the last preceding regulation.
Penalty: Fifty pounds.
(2.) In any proceedings for an offence against the last preceding sub-regulation, a certificate signed by the Secretary or an Assistant Secretary of the Department certifying that the declaration was
furnished in pursuance of the last preceding regulation, and was made by the person by whom it purports to have been made, shall be prima facie evidence of the matters certified to.
(3.) Judicial notice shall be taken of the signature to any certificate made under the last preceding sub-regulation, and of the fact that the person whose signature it purports to bear holds, or has held, the office of Secretary or Assistant Secretary of the Department.
Export permit and certificate as to examination of fresh fruit.
19.—(1.) Where an officer has examined any fresh fruit intended for export and—
(a) the fruit is marked in the prescribed manner with the prescribed trade description; and
(b) the officer is satisfied that the conditions and restrictions applicable under these Regulations in respect of the fruit have been complied with,
he shall sign the certificate at the foot of the notice of intention to export furnished in respect of that fruit, and the exporter shall be entitled to receive an export permit in accordance with Form 5 and a certificate as to the condition of the fruit in accordance with Form 6.
(2.) When the fruit is brought to a wharf for shipment, the exporter shall deliver the export permit to the officer of customs on duty at the ship by which the fruit is to be exported.
Fruit may be re-examined and permit cancelled.
20.—(1.) If any officer has reasonable cause to think that, since the examination of any fresh fruit intended for export, the condition, quality, grade or class of the fruit has changed, he may re-examine the fruit, and if, having regard to the condition, quality, grade or class of the fruit as disclosed by the re-examination—
(a) the fruit is not marked in the prescribed manner with the prescribed trade description; or
(b) the officer is satisfied that any condition or restriction applicable under these Regulations has not been complied with,
he may cancel the export permit and any certificate as to the condition of the fruit issued in respect of that fruit.
(2.) Where an export permit or certificate as to the condition of any fruit has been cancelled under the last preceding sub-regulation, the exporter shall, if so required by an officer, forthwith surrender the permit or certificate, as the case may be, to the officer.
Penalty: Fifty pounds.
Part V. —Registration of Brands.
Register of brands.
21.—(1.) Subject to regulation 23 of these Regulations, the Secretary may register any brand as a brand which may be included in the trade description of fresh fruit intended for export and shall keep a register of brands so registered.
(2.) The register of brands kept
This is an opening excerpt, not the complete document.