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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
Mechanically: the instrument prohibits export of dried fruits except when those fruits are prepared in registered export establishments, inspected by authorised officers and issued an export permit; it mandates labels/trade descriptions, detailed packing and grading standards, brand registration (linked to trade‑mark registration), fumigation and sampling, and fees and penalties. Who it affects: growers, packers, exporters, export‑establishment owners and customs/commerce officers. Why it matters: it makes export conditional on administrative compliance, inspection costs and technical grading and labelling rules that change exporters’ operational and documentation choices.
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Direct links to the current provisions in Exports (Dried Fruits) Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1937. No. 66.
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 dried 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 Sixteenth day of June, 1937.
(SGD.) GOWRIE.
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 (DRIED FRUITS) REGULATIONS.
Part I.—Preliminary.
Citation.
Commencement.
Parts.
Part I.—Preliminary.
Part II.—General Provisions as to Exportation of Dried Fruits.
* Notified in the Commonwealth Gazette on , 1937.
1294.—12/4.6.1937.—Price 1s. 3d.
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 29 of these Regulations, or for the purposes of the Customs Act 1901-1936;
“appointed place” means a place appointed under regulation 16 of these Regulations to be a place where dried fruits intended for export may be inspected and examined, and includes any wharf at which any dried fruits are to be shipped and any ship used, or intended to be used, for the conveyance for export of dried fruits;
“bold”, in relation to fruit, means that the fruit is large, fleshy and full-bodied;
“coverings” means all the principal coverings in which dried fruits are contained;
“currants” means dried fruits which are produced solely from currant grapes;
“disease” means any abnormal condition of or in dried fruits, 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;
“export establishment” means an export establishment registered as such in accordance with these Regulations or in accordance with any State law and includes the drying greens and drying racks at that establishment;
“fresh”, in relation to dried fruits, means that the dried fruits are the produce of the latest crop, and that the condition of the dried fruits has not been materially impaired by age or other cause;
“immediate container” means any carton, jar, bottle, can, tin, cellophane or other wrapping, which contains dried fruits;
“lexias” means dried fruits produced solely from dipped White Muscatel and Waltham Cross (sometimes called Malaga) grapes;
“muscatels” means dried fruits produced solely from undipped White Muscatel grapes;
“officer” means an officer as defined by the Commerce (Trade Descriptions) Act 1905-1933;
“registered brand” means a brand registered in pursuance of Part V. of these Regulations or in pursuance of the Regulations repealed by the Commerce (General Exports) 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;
“seedless lexias” means dried fruits which are produced solely from dipped White Muscatel and Waltham Cross grapes;
“seedless muscatels” means dried fruits which are produced solely from undipped White Muscatel grapes;
“State” includes any Territory under the authority of the Commonwealth;
“sultanas” means dried fruits produced solely from sultana grapes;
“table or dessert raisins” means dried fruits produced solely from undipped White Muscatel or Waltham Cross grapes;
“the Department” means the Department of Commerce;
“the Minister” means the Minister of State for Commerce;
“the Secretary” means the Secretary of the Department;
“walthams” means dried fruits produced solely from Waltham Cross (sometimes called Malaga) grapes.
(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.
Application of Regulations.
5. These Regulations shall not apply to—
(a) ships’ stores brought to or shipped in Australia; or
(b) any parcel of dried fruits not exceeding five pounds in weight exported by post.
Part II.—General Provisions as to Exportation of Dried Fruits.
Registration of export establishments.
6.—(1.) Any person who is the owner or occupier of any premises used for the receipt, processing, packing and storage of dried fruits 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 he may, in his discretion, register the premises as an export establishment.
(3.) 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 and storage of dried fruits.
(4.) A certificate in accordance with Form 2, signed by the Secretary, or any officer authorized in that behalf by the Secretary, shall be evidence of the facts therein stated.
Construction, equipment and operation of export establishments.
(a) The establishment shall be of such a nature as to minimise, as far as possible, any harbourage for insects or any contamination of the dried fruits by foreign substances during the operations of stacking, handling, loading, stemming, processing or grading.
(b) The establishment shall be so constructed as to admit sufficient light for the purposes of efficient inspection and for the operations of the packing shed.
(c) The establishment shall be ventilated in a manner approved by an officer.
(d) The floors of the establishment shall be constructed of concrete or other suitable material, which shall be impervious to insects and permit of rapid and effective cleansing.
(e) The establishment shall be properly drained, and the arrangements for the disposal of the drainage shall be subject to the approval of an officer.
(f) Facilities satisfactory to an officer shall be provided at the establishment for the removal of dust and the collection of screenings, and the facilities shall be so operated as to remove the dust and screenings during processing.
(g) Adequate provision shall be made to ensure that a sufficient supply of water is always available in any part of the establishment.
(h) The establishment shall, prior to the commencement of each season, and at such other times (if any) as an officer considers necessary, be cleansed throughout. The walls shall be sprayed with an insecticide approved by an officer, and when dry shall, if considered necessary by an officer, be whitewashed. Alternatively, the establishment shall be fumigated with hydrocyanic acid or other gas approved by an officer. The cleansing, spraying, whitewashing or fumigation shall be carried out to the satisfaction of an officer.
(i) At least once during each week during the season, the floors shall be cleansed of all fruit debris and washed out and sprayed with an approved insecticide.
(j) The premises and immediate surroundings shall be kept free from all fruit debris, waste dried fruits and screenings, which shall at least once each week during the season be burnt or otherwise disposed of.
(k) During the continuance of the season all machinery shall be thoroughly cleansed of all dried fruit debris—
(i) during any period when any one kind only of dried fruit is being processed, at least twice weekly at intervals of not more than three days, and at any cessation of work if that cessation will be for more than three days;
(ii) immediately after the processing of any one kind of dried fruit has been completed, and before any other kind of dried fruit is passed through the machinery; and
(iii) as frequently as an officer considers necessary when showell processing machines are used.
(l) The low grade fruits and screenings awaiting processing shall be stored in a place approved by an officer, and shall be processed when an officer so directs.
(m) The owner or occupier of the establishment shall keep such samples of dried fruits as an officer from time to time directs, and shall produce the samples for inspection when required by an officer.
Officers may enter establishments, take samples, &c.
8.—(1.) Any officer may enter any export establishment in which any dried fruits are being prepared for export, and may open any packages, take samples and do all other things necessary to enable him to ascertain whether the provisions of these Regulations are being complied with.
(2.) The owner or occupier of every export establishment shall provide suitable office accommodation for the exclusive use of any officer employed at that export establishment.
Exportation of dried fruits prohibited except subject to conditions.
9.—(1.) The exportation of all dried fruits is prohibited unless the dried fruits comply with the conditions and restrictions specified in the First Schedule and the exporter has obtained an export permit in accordance with these Regulations in respect of the dried fruits.
(2.) The exportation of dried apples, dried apricots, currants, lexias, dried muscatels, walthams, dried nectarines, dried peaches, dried pears, prunes and sultanas is prohibited unless, in addition to complying with the conditions and restrictions specified in the First Schedule, the dried 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 dried fruits.
(3.) The exportation of buck currants is prohibited.
Experimental shipments.
Part III.—Trade Descriptions.
Exportation of dried fruits prohibited unless trade description applied.
11.—(1.) Subject to this regulation, the exportation of dried fruits is prohibited unless there is applied to the dried fruits a trade description in accordance with these Regulations.
(2.) This regulation shall apply to dried fruits which are imported into Australia, and are not held in bond, unless the Secretary is satisfied that the dried fruits are not the produce or manufacture of Australia.
Trade description.
12.—(1.) The trade description to be applied to dried fruits intended for export shall comply with the following provisions 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 dried fruits:—
(a) It shall be in the form of a principal label or brand affixed to the coverings containing the dried fruits, in a prominent position and in a conspicuous and reasonably permanent manner.
(b) Where the dried fruits are packed in immediate containers, it shall be sufficient if the portion of the trade description relating to the grade of the dried fruits is set out on the cases containing the immediate containers.
(c) It shall contain, in prominent and legible characters, a true description of the dried fruits, together with the word “Australia”, and may include in addition the name of the State in which the dried fruits were produced.
(d) It shall include one or both of the following particulars, namely:—
(i) the name of the producer, packer or exporter;
(ii) the registered brand of the producer, packer 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, packer or exporter:
Provided further that where the producer or packer is not the exporter, the trade description shall include the producer’s or packer’s name or registered brand, unless the exporter sets forth in the notice of intention to export the name and address of the producer or packer.
(e) It shall state that the dried fruits are sound, clean and fresh.
(f) It shall contain the name of the dried fruits set out in bold and legible characters, and if any pictorial representation of fruit is included in the trade description, that representation shall be a representation of the kind of dried fruits contained in the covering to which the pictorial representation is applied.
(2.) The Secretary may permit cypher marks not less than ¾ inch in length approved by him to be included in the trade description instead of that portion of the trade description relating to the grade of the dried fruits.
Trade description applies as at time of shipment.
Trade descriptions and official marks not to be interfered with.
Penalty: Fifty pounds.
Part IV.—Supervision, Inspection and Examination.
Preparation of dried fruits under supervision.
15.— (1.) Upon the application of any person engaged in the preparation of any dried fruits intended for export, the Secretary may make available the services of an officer to supervise the preparation of the dried fruits and that person may then attach or affix to the dried fruits, or to the coverings containing the dried fruits, a label setting out that the dried fruits have been so prepared, 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 Departme
This is an opening excerpt, not the complete document.