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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This Act has been repealed and is no longer in force. It is retained for historical reference.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 mandatory quality-control regime for exporting fresh apples, pears, citrus, grapes and pineapples from Australia, affecting growers, packing houses (registration required for citrus and pineapples), exporters and shipping agents. They require export permits, government inspections, strict standards for fruit condition, packaging and labeling, bans on pest‑infested or likely-to-deteriorate fruit, and destination-specific handling rules.
They protect Australia’s export reputation, prevent pest spread, and enable traceability back to producer and packing shed.
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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.
1955. No. 61.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1954 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 1901-1954 and the Commerce (Trade Descriptions) Act 1905-1950.
Dated this sixth
day of September , 1955.
W.J. Slim
Governor-General.
By His Excellency's Command,
(Sgd) J. McEwen
Minister of State for Commerce and Agriculture and for and on behalf of the Minister of State for Trade and Customs.
EXPORTS (FRESH FRUIT) REGULATIONS.
Part I.—Preliminary.
Citation.
1. These Regulations may be cited as the Exports (Fresh Fruit) Regulations.
Repeal and saving.
2.—(1.) The Exports (Fresh Fruit) Regulations (comprising the Statutory Rules specified in the First Schedule) are repealed.
(2.) Every number and word allotted, certificate and permit issued, approval and notice given, appointment and declaration made, and brand and export establishment registered under the Regulations repealed by the last preceding sub-regulation and in force or subsisting immediately before the commencement of these Regulations shall be deemed to have been allotted, issued, given, made or registered, as the case may be, under these Regulations.
Parts.
3. These Regulations are divided into Parts, as follows:—
Part I.—Preliminary (Regulations 1-7).
Part II.—General Provisions as to Exportation (Regulations 8-10).
Part III.—Trade Descriptions (Regulations 11-14).
Part IV.—Supervision, Inspection and Examination (Regulations 15-22).
Part V.—Registration of Brands (Regulations 23-28).
Part VI.—Miscellaneous (Regulations 29-32).
* Notified in the Commonwealth Gazette on , 1955.
4004/54.—Price 1s. 6d. 9/10.6, 1955.
Interpretation.
4.—(1.) In these Regulations, unless the contrary intention appears—
"analyst" means a person appointed as an analyst under regulation 29 of these Regulations;
"appointed place" means—
(a) a place appointed under regulation 16 of these Regulations;
(b) a wharf at which fresh fruit intended for export is to be shipped; or
(c) a ship used, or intended to be used, for the conveyance for export of fresh fruit;
"clipped", in relation to citrus fruit, means cut from the tree, with the stalk trimmed smooth and not protruding above the top of the basin, by means of a sharp blunt-nosed clipper or by any other means approved by the Secretary;
"diameter", in relation to fresh fruit, means the greatest transverse measurement of the fruit taken at right angles to the axis of the fruit;
"disease" means any abnormal condition of, or in, fresh fruit, and includes any condition arising from functional disorders, or caused by, or due to, the presence, operation, development, (or growth) of any insect, fungus, bacterium, virus or parasite;
"export establishment" means premises registered under regulation 9 of these Regulations;
"officer" has the same meaning as in the Commerce (Trade Descriptions) Act 1905-1950;
"registered brand" means a brand registered under these Regulations;
"sound" means not over-ripe, not soft, not wilted, free from disease, and free from excessive bruising or physical injuries affecting the keeping quality of the fruit;
"the Department" means the Department of Commerce and Agriculture;
"the Minister" means the Minister of State for Commerce and Agriculture;
"the repealed Regulations" means the Regulations repealed by Regulation 2 of these Regulations;
"the Secretary" means the person for the time being holding, or performing the duties of, the office of Secretary to the Department.
(2.) In these Regulations, a reference to a Schedule by number shall be read as a reference to a Schedule to these Regulations so numbered, and a reference to a form by number shall be read as a reference to the form so numbered in the Fourth Schedule,
(3.) Strict compliance with the forms contained in the Fourth Schedule is not necessary and substantial compliance with those forms is sufficient.
Application of Regulations.
5.—(1.) These Regulations do not apply to ships' stores brought to, or shipped in, Australia.
(2.) The Secretary may certify, in respect of fresh fruit specified in the certificate, that, for the purposes of experiment or on account of exceptional circumstances, it is desirable that such provisions of these Regulations as are specified in the certificate should not apply to or in relation to that fruit, and, upon the issue of that certificate, those provisions do not apply.
Delegation.
6.—(1.) The Secretary may, in relation to a particular matter or class of matters, or to a State or part of the Commonwealth, by writing under his hand, delegate to an officer all or any of his powers and functions under these Regulations (except this power of delegation).
(2.) A power or function so delegated may be exercised or performed by the delegate with respect to the matter or to the matters included in the class of matters, or with respect to the State or part of the Commonwealth, specified in the instrument of delegation.
(3.) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Secretary.
Inspection of fresh fruit in course of preparation for export.
7. Fresh fruit is prescribed goods for the purposes of section 5 of the Commerce (Trade Descriptions) Act 1905-1950.
Part II.—General Provisions as to Exportation.
Export of fresh fruit prohibited except subject to conditions.
8.—(1.) The exportation of fresh fruit is prohibited unless—
(a) in the case of fresh fruit other than fresh citrus fruits and pineapples, the Secretary is satisfied that the fruit has been prepared and packed for export in an establishment which is constructed, equipped and operated in an efficient and hygienic manner;
(b) in the case of fresh citrus fruit and pineapples, the fruit has been prepared and packed in an export establishment;
(c) the conditions and restrictions specified in the Second and Third Schedules are complied with; and
(d) the exporter has obtained an export permit in accordance with these Regulations in respect of the fresh fruit, and the export permit is in force at the time when the fruit is exported.
(2.) Notwithstanding anything contained in these Regulations, the exportation of. fresh fruit is prohibited where, in the opinion of an officer specifically appointed in writing for the purpose by the Secretary, the seasonal conditions, varieties, ports of shipment, destination or the proposed conditions of conveyance are such as to be detrimental to the good out-turn of the fruit.
Registration of export establishments for citrus fruit or pineapples.
9.—(1.) A person who is the owner or occupier of premises used for the receipt, processing, packing or storage of citrus fruits or pineapples may apply to the Secretary, in accordance with 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, and in particular—
(a) that the premises are so constructed as to be adequately lighted for the purposes of efficient inspection of the fruit and the operations of the packing shed;
(b) that the premises are ventilated in a manner approved by an officer;
(c) that the floors of the premises are constructed of concrete or other suitable material that permits of rapid and effective cleansing;
(d) that the immediate surroundings of the premises are such as to minimize harborage for fungi or insects and contamination of the fruit by foreign substances during stacking, handling, loading, processing, grading and packing;
(e) that, in the case of premises used for the receipt, processing. packing or storage of pineapples, they are situated in a locality where pineapples are grown commercially; and
(f) that the plant and equipment are of types approved by an officer,
the Secretary may register the premises as an export establishment.
(3.) The Secretary shall issue a certificate of registration in accordance with Form 2 in respect of premises registered under this regulation.
(4.) If the Secretary is satisfied that an export establishment no longer complies with the conditions specified in sub-regulation (2.) of this regulation, or the owner or occupier has failed to maintain the premises in such a manner as prevents contamination of fresh fruit, he may cancel its registration.
(5.) 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 receipt, processing, packing or storage of citrus fruits or pineapples.
Fruit affected by San José scale not to be exported.
10. 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.
Requirements as to trade description.
12. The trade description required to be applied to fresh fruit—
(a) shall be in the form of a label or brand fixed in a prominent position, and in a reasonably permanent manner, to the outside of the container in which the fruit is to be exported;
(b) shall contain, in prominent and legible characters, the name and a true description of the fruit, together with the word "Australia" and the name of the State or Territory in which the fruit was produced; and
(c) shall include—
(i) the name or registered brand of the producer and may include in addition the name or registered brand of the exporter;
(ii) where the identity of fruit grown by several producers is lost during the operation of packing for export—the name or registered brand of the owner of the establishment in which the fruit was packed; or
(iii) the name or registered brand of the exporter, together with a number or device which has been notified to the Department prior to the export of the fruit and indicates the identity of the producer.
Trade description applies as at time of shipment.
13. The trade description applied to fresh fruit in accordance with these Regulations shall relate to the condition of the fruit as at the time of shipment.
Trade descriptions and official marks not to be interfered with.
14. Where fresh fruit which is intended for export has been inspected by an officer, a person shall not, except with the approval of an officer, remove, alter or interfere with a trade description applied to that fruit or a stamp or mark placed on or applied to that fruit.
Penalty: Fifty pounds.
Part IV.—Supervision, Inspection and Examination.
Preparation of fresh fruit under supervision.
15.—(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.
(2.) Where the services of an officer are made available in pursuance of an application under sub-regulation (1.) of this regulation, the applicant shall pay to the Department for those services—
(a) a fee calculated at the rate of Three shillings for each hour, or part of an hour, during which the officer is engaged in supervising the preparation of the fruit; or
(b) where the amount so calculated is less than the expenses incurred by the Department in making the services of the officer available and the Minister directs that payment be made under this paragraph—a fee equal to the amount of those expenses.
(3.) A fee is not payable for the services of an officer under the last preceding sub-regulation in respect of a period for which a fee is paid under regulation 32 of these Regulations for the services of that officer.
Secretary may appoint places for inspection of exports.
16.—(1.) The Secretary may, by writing under his hand, appoint a place to be a place where fresh fruit intended for export may be inspected and examined.
Fresh fruit to be sent to appointed places.
(2.) A place may be appointed for the inspection and examination of a particular kind of fresh fruit, or of fresh fruit included in a particular class of fresh fruit, and the appointment may be made subject to such conditions and restrictions as the Secretary thinks fit.
Examination at places other than appointed places.
Notice of intention to export and declaration.
18. The Secretary may, in exceptional cases, permit the inspection and examination of fresh fruit to be made at a place other than an appointed place.
19.—(1.) A person who intends to export fresh fruit shall furnish to the Department a notice in writing in accordance with Form 3 at least one clear working day before the proposed date of shipment.
(2.) The owner of fresh fruit submitted for inspection and examination, or the duly authorized agent of the owner, shall deliver to the examining officer, at the time when the fruit is so submitted, a notice and declaration in accordance with Form 4.
(3.) The exporter of fresh fruit exported shall furnish to the Department a declaration in accordance with Form 5 within three days after shipment.
False declarations.
20.—(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 proceedings for an offence against the last preceding sub-regulation, a certificate signed by the Secretary certifying that the declaration was furnished in pursuance of the last preceding regulation and was made by the person to whom it purports to have been made is evidence of the matters certified.
(3.) Judicial notice shall be taken of the signature of the Secretary appearing on a certificate under the last preceding sub-regulation and of the fact that the person by whom the certificate purports to have been signed is, or was at the time at which he signed the certificate, the Secretary.
Export permit and certificate as to examination of fresh fruit.
21.—(1.) Where an officer has inspected and examined fresh fruit intended for export and—
(a) the fruit is marked with a trade description in accordance with these Regulations; and
(b) the officer is satisfied that the conditions and restrictions applicable under these Regulations in respect of the fruit have been complied with,
the officer shall sign the certificate at the foot of the notice in accordance with Form 4, and the exporter shall be entitled to receive an export permit in accordance with Form 6.
(2.) When the fruit is brought to a wharf for shipment, the exporter shall deliver the export permit issued under the last preceding sub-regulation in respect of that fruit to the officer of Customs on duty at the ship by which the fruit is to be exported.
(3.) Fresh fruit intended for export shall not be loaded into a vessel except in the presence of an officer.
(4.) When an officer is satisfied that the fruit has been loaded into the ship by which the fruit is to be exported, the exporter shall be entitled to receive a certificate in accordance with Form 7 in respect of the fruit.
Fresh fruit may be re-examined and permit cancelled.
22.—(1.) If an
This is an opening excerpt, not the complete document.