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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This Act has been repealed and is no longer in force. It is retained for historical reference.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 prohibit export of canned fruits (expressly including canned vegetables) unless packers register premises, products meet detailed packing, grade and labelling standards, and exporters obtain an export permit after departmental inspection (Regs 5, 7–18; First & Second Schedules). They shift compliance costs to processors and exporters (registration, labelling, packing, inspection fees) and give the Secretary wide discretion over approvals and re‑examinations (Regs 7(2), 12(7), 18), with penalties for false statements and interfering with official marks (Regs 16, 14).
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Direct links to the current provisions in Exports (Canned Fruits) Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1938. No. 109.
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 canned fruits, 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 twenty-third
day of November , 1938.
(SGD.) GOWRIE
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Commerce and the Minister of State for Trade and Customs.
EXPORTS (CANNED FRUITS) REGULATIONS.
Part I.—Preliminary.
Citation.
Commencement
2. These Regulations shall come into operation on the fifteenth day of December, 1938.
* Notified in the Commonwealth Gazette on , 1938.
2482.—8/l.11.1938.—Price 1s. 6d.
Repeal.
Parts.
Part I.—Preliminary.
Part II.—General Provisions as to Exportation of Canned Fruits.
Part III.—Trade Descriptions.
Part IV.—Inspection and Examination.
Part V.—Registration of Brands.
Part VI.—Miscellaneous.
Definitions.
5.— (1.) In these Regulations, unless the contrary intention appears—
“appointed analyst” means a person appointed as an analyst under sub-regulation (1.) of regulation 25 of these Regulations, or for the purposes of the Customs Act 1901-1936;
“can” includes an immediate container made of glass;
“canned fruits” includes canned vegetables;
“establishment number”, in relation to any canned fruits, means the number allotted in pursuance of sub-regulation (3.) of regulation 7 of these Regulations to the premises in which the canned fruits were packed;
“export establishment” means an export establishment registered as such in accordance with these Regulations;
“fruit” includes vegetables;
“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;
“State” includes any Territory under the authority of the Commonwealth ;
“the Department” means the Department of Commerce;
“the Minister” means the Minister of State for Commerce;
“the repealed Regulations” means the Regulations repealed by these Regulations;
“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 Third Schedule.
Regulations do not apply to ships’ stores.
Part II.—General Provisions as to Exportation.
Registration of export establishments.
7.—(1.) Any person who is the owner or occupier of any premises used for the processing, packing and storage of canned fruits shall apply to the Secretary, in accordance wth Form 1, for the registration of the premises as an export establishment.
(2.) If the Secretary is satisfied that the premises are constructed, equipped and operated in an efficient and hygienic manner, he may, in his discretion, register the premises as an export establishment.
(3.) The Secretary shall allot to each premises so registered a number.
(4.) The registration of an export establishment shall remain in force until such time as it is cancelled by the Secretary, or the premises cease to be used for the processing, packing and storage of canned fruits.
(5.) A certificate in accordance with Form 2 signed by the Secretary, or by any officer authorized in that behalf by the Secretary, shall be evidence of the facts therein stated.
Export of canned fruits prohibited except subject to conditions.
8.— (1.) The exportation of canned fruits is prohibited unless—
(a) the Secretary is satisfied that the canned fruits have been prepared in an establishment which was, prior to the commencement of the season, registered as an export establishment in accordance with the last preceding regulation;
(b) the conditions and restrictions specified in the First Schedule are complied with; and
(c) the exporter has obtained an export permit in accordance with these Regulations in respect of the canned fruits.
(2.) The exportation of canned apples, canned apricots, canned blackberries, canned cherries, canned fruit salad (including tropical fruit salad), canned gooseberries, canned loganberries, canned peas, canned peaches, canned pears, canned pineapples, canned plums, canned prunes, canned quinces, canned raspberries, canned strawberries and canned tomatoes is prohibited, unless, in addition to complying with the conditions and restrictions specified in the First Schedule, the canned fruits comply with the conditions and restrictions specified in the second column of the Second Schedule opposite to the name or description of one of the grades of the particular kind of canned fruits.
(3.) For the purposes of the Second Schedule, the number of halves, quarters, or whole pieces of fruit, as the case may be, required to be placed in a can shall apply to a 30 ounce can. Where a smaller or a larger can is used, the number shall be proportionately less or greater.
Experimental shipments.
Officers may enter establishments, take samples, &c.
Part III.—Trade Descriptions.
Export of canned fruits prohibited unless trade description applied.
11.— (1.) Subject to this regulation, the exportation of canned fruits is prohibited unless there is applied to the canned fruits a trade description in accordance with these Regulations.
(2.) This regulation shall apply to canned fruits which are imported into Australia and are not held in bond, unless the Secretary is satisfied that the canned fruits are not the produce or manufacture of Australia.
Trade description.
12.—(1.) The trade description to be applied to any canned fruits intended for export shall comply with the provisions of this regulation and with the provisions (if any) specified in the third column of the Second Schedule opposite to the name or description of the kind and grade of those canned fruits.
(2.) The trade description—
(a) shall be in the form of a principal label or brand affixed to the body of the can and to the outside containers in a conspicuous and reasonably permanent manner;
(b) shall contain, in prominent and legible characters, a true description of the canned fruits, together with the word “Australia”, and may include in addition the name of the State in which the fruit was prepared and processed;
(c) shall include one or both of the following particulars, namely:—
(i) the name of the manufacturer or exporter;
(ii) the registered brand of the manufacturer or exporter:
Provided that the Secretary may, subject to such conditions as he thinks fit, permit the consignee’s name or brand to be included in the trade description on the label affixed to the body of the can in lieu of the registered brand of the manufacturer or exporter:
Provided further that where the manufacturer is not the exporter, the trade description shall include the manufacturer’s name or registered brand, unless the exporter sets forth in the notice of intention to export the name and address of the manufacturer; and
(d) shall specify the net weight of the canned fruits.
(3.) If the canned fruits are packed in 30 ounce cans, the name of the canned fruits shall be set out in the trade description in bold and legible characters not less than three-eighths of an inch long.
(4.) If the canned fruits are packed in cans larger or smaller than 30 ounce cans, the name of the canned fruits shall be set out in the trade description in bold and legible characters, the length of which shall bear such proportion to three-eighths of an inch as the number of ounces in the can bears to 30.
(5.) If any pictorial representation of fruit is included in the trade description, it shall be a representation of the kind of fruit contained in the cans to which the pictorial representation is applied,
(6.) The portion of the trade description indicating the grade of the canned fruits shall, unless the contrary intention appears, be in bold and legible letters at least one-quarter of an inch high.
(7.) The Secretary may permit a label approved by him and distinctive of a particular kind and grade of canned fruits to be applied to canned fruits of that kind and grade, and in that case it shall not be necessary for the trade description to include a description of the grade of the canned fruits on the label affixed to the body of the
can but the grade of the canned fruits shall be marked on the outside containers in letters at least one inch high, if stencilled, and in letters at least three-quarters of an inch high, if printed on the outside containers or applied by means of printed paper labels.
Trade description applies as at time of shipment.
Trade descriptions and official marks not to be interfered with.
Penalty: Fifty pounds.
Part IV.—Inspection and Examination.
Notice of intention to export, and declaration.
False declarations.
16.—(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 canned fruits.
17.—(1.) Where an officer has examined any canned fruits intended for export and—
(a) the canned fruits are 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 canned fruits have been complied with,
he shall sign the certificate at the foot of the notice of intention to export furnished in respect of the canned fruits, and the exporter shall be entitled to receive an export permit in accordance with Form 4.
(2.) When the canned fruits are 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 canned fruits are to be exported.
(3.) When an officer is satisfied that the canned fruits have been loaded into the vessel by which the canned fruits are to be exported, the exporter shall be entitled to receive a certificate as to the condition of the canned fruits in accordance with Form 5.
Canned fruits may be re-examined and permit cancelled.
18.—(1.) If an officer has reasonable cause to think that, since the examination of any canned fruits intended for export, the condition, grade or class of the canned fruits has changed, he may re-examine the canned fruits, and if, having regard to the condition, grade or class of the canned fruits as disclosed by the re-examination—
(a) the canned fruits are 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 in respect of the canned fruits 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 those canned fruits.
(2.) Where an export permit or certificate as to the condition of any canned fruits 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.
19.—(1.) Subject to regulation 21 of these Regulations, the Secretary may register any brand as a brand which may be included in the trade description of canned fruits intended for export and shall keep a register of brands so registered.
(2.) The register of brands kept by the Secretary under the repealed Regulations shall be incorporated with and form part of the register under these Regulations and all brands registered under the repealed Regulations shall be deemed to be registered under these Regulations.
Application to be accompanied by copies of brand.
20. An application for the registration of a brand shall be accompanied by seven copies of the brand.
Registration as trade mark necessary.
Registration number.
This is an opening excerpt, not the complete document.