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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This Act has been repealed and is no longer in force. It is retained for historical reference.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 bans export of fresh vegetables unless they meet detailed packing, grading, labelling and hygiene standards, are inspected at appointed places, and an export permit is issued. It targets producers, packers, exporters and carriers by imposing inspection steps, fees and documentary obligations. The preamble says this is to prevent harm from unregulated exports; the rules therefore shift compliance costs to private businesses and vest operational discretion in Department officers (see regs 6,11,17,28,21).
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Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Exports (Fresh Vegetables) Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1950. No. 53.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1949 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933.*
WHEREAS by section 112 of the Customs Act 1901-1949 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 vegetables, 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 1901-1949 and the Commerce (Trade Descriptions) Act 1905-1933.
Dated this thirty-first day of August, 1950.
W. J. McKELL
Governor-General.
By His Excellency's Command,
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 VEGETABLES) REGULATIONS.
Part I.—Preliminary.
Citation.
Parts.
Part I.—Preliminary.
Part II.—General Provisions as to Exportation of Fresh Vegetables.
Part III.—Trade Descriptions.
Part IV.—Supervision and Examination.
Part V.—Registration of Brands.
Part VI.—Miscellaneous.
* Notified in the Commonwealth Gazette on 7th September, 1950.
5755.—Price 8d.
Definitions.
3.—(1.) In these Regulations, unless the contrary intention appears-
" appointed analyst " means a person appointed to be an analyst under sub-regulation (1.) of regulation 25 of these Regulations and includes an analyst appointed for the purposes of the Customs Act 1901-1949 ;
" appointed place " means a place appointed under regulation 12 of these Regulations to be a place where vegetables may be examined, and includes any wharf at which vegetables are to be shipped and any ship used, or intended to be used, for the conveyance for export of vegetables ;
" bright " means that the outer skin of the vegetables shows the colour normal to the variety and that this colour is not obscured by soil or other foreign matter ;
" containers " means all the principal coverings in which vegetables are contained ;
" diameter ", in relation to vegetables, means the greatest transverse measurement of the vegetables taken at right angles to the axis of the vegetables ;
" disease " means any abnormal condition of or in vegetables, 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 ;
" injury " means any broken skin, cut, puncture, bruise or other defect, which affects the appearance or which may affect the storage life of the vegetable ;
" officer " means an officer as defined by section 3 of the Commerce (Trade Descriptions) Act 1905-1933;
" registered brand " means a brand registered in pursuance of Part V. of these Regulations ;
" sound " means not over-mature, not soft, not wilted, free from disease, and free from excessive bruising or physical injuries affecting the keeping quality of the vegetables ;
" the Department " means the Department of Commerce and Agriculture ;
" the Minister " means the Minister of State for Commerce and Agriculture ;
" the Secretary " means the Secretary to the Department ;
" vegetables " means fresh vegetables intended for export ;
" well coloured " means externally well coloured for the variety ;
" well shaped " means well shaped for the variety.
(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.
Delegation.
5.—(1.) The Secretary may, in relation to any particular matter or class of matters, by writing under his hand, delegate to any officer all or any of his powers or functions under these Regulations (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation.
(2.) Every delegation under this regulation shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Secretary.
Part II.—General Provisions As To Exportation Of Fresh Vegetables.
Export of vegetables prohibited except subject to conditions.
6.—(1.) The exportation of vegetables is prohibited unless—
(a) the Secretary is satisfied that the vegetables have 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 in relation to the name or description of the vegetables have been complied with;
(c) the exporter has obtained an export permit in accordance with these Regulations in respect of the vegetables; and
(d) the provisions of these Regulations have been complied with.
(2.) The provisions of paragraph (b) of the last preceding sub-regulation shall not apply to any vegetables 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 those vegetables.
(3.) Notwithstanding the provisions of sub-regulations (1.) and (2.) of this regulation, the exportation of vegetables 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 proposed conditions of conveyance are such as to be detrimental to the good out-turn of the vegetables.
Part III.—Trade Descriptions.
Export of prohibited unless trade description applied.
Trade description.
8.—(1.) The trade description to be applied to vegetables shall be in accordance 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 vegetables.
(2.) The trade description shall—
(a) be in the form of a principal label or brand affixed to the containers of the vegetables in a prominent position and in a conspicuous and reasonably permanent manner ;
(b) contain, in prominent and legible characters, a true description of the vegetables, together with the word " Australia " and the name of the State or Territory in which the vegetables were produced ; and
(c) include-
(i) the name or registered brand of the producer, or, where the identity of vegetables 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 vegetables were packed, and may include, in addition, the name or registered brand of the exporter ; or
(ii) 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 vegetables and which indicates the identity of the producer.
Trade description applies as at time of shipment.
Trade description not to be interfered with.
Penalty : Fifty pounds.
Part IV.—Supervision And Examination.
Preparation of fresh vegetables under supervision.
11.—(1.) Upon the application of any person engaged in the preparation of vegetables for export, the Secretary may make available the services of an officer to supervise the preparation of the vegetables.
(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 vegetables, 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 vegetables.
12.—(1.) The Secretary may, by writing under his hand, appoint any place to be a place where vegetables may be examined.
(2.) In exercising his powers under this regulation, the Secretary may limit the appointment of any place to the examination of a particular kind of vegetable, or may attach to the appointment any other condition or restriction.
Vegetables to be sent to appointed place.
Examination at places other than appointed places.
Notice of intention to export and declaration.
15.—(1.) A person who intends to export any vegetables shall, at least one clear working day before the proposed date of shipment, furnish to the Secretary a notice in writing in accordance with Form 1.
(2.) The owner or duly authorized agent of the owner of any vegetables submitted for examination shall, at the time the vegetables are submitted for examination, deliver to the examining officer a notice and declaration in accordance with Form 2.
(3.) The exporter of any vegetables shall, within three days after shipment of the vegetables, furnish to the Secretary a declaration in accordance with Form 3.
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 to 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.
(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 held at the time when the certificate was issued, the office of Secretary or Assistant Secretary to the Department.
17.—(1.) When an officer has examined any vegetables and_
Export, permit and certificate of examination.
(a) the vegetables are marked in accordance with these Regulations; and
(b) the officer is satisfied that the conditions and restrictions applicable under these Regulations in respect of the vegetables have been complied with,
he shall sign the certificate at the foot of the notice and declaration delivered in accordance with sub-regulation (2.) of regulation 15 of these Regulations and shall issue to the exporter an export permit in accordance with Form 4.
(2.) When the vegetables are brought to a wharf for shipment, the exporter shall deliver the export permit to the officer on duty at the ship by which the vegetables are to be exported.
(3.) Vegetables shall be loaded into a ship under the supervision of an officer.
(4.) When the officer is satisfied that the vegetables have been shipped in accordance with the provisions of these Regulations, the officer shall issue to the exporter a certificate of the condition of the vegetables in accordance with Form 5.
Vegetables may be re-examined and permit cancelled.
18.—(1.) If any officer has reasonable cause to think that, since the examination of any vegetables, the condition, quality, grade or class of the vegetables has changed, he may re-examine the vegetables, and if, having regard to the condition, quality, grade or class of the vegetables as disclosed by the re-examination, he is satisfied that—
(a) the containers are not marked in accordance with these Regulations ; or
(b) any condition or restriction applicable under these Regulations has not been complied with,
he may cancel the export permit issued in respect of the vegetables.
(2.) Where an export permit has been cancelled under the last preceding sub-regulation, the exporter shall, if so required by an officer, forthwith surrender the permit to the officer.
Penalty : Fifty pounds.
PART V.—REGISTRATION OF BRANDS.
Register of brands.
Application to be accompanied by copies of brand. Registration as trade mark necessary.
An application for the registration of a brand shall be accompanied by seven copies of the brand.
A brand shall not be registered under these Regulations unless it is registered as a trade mark under the Trade Marks Act 1905-1948, and the applicant is the registered proprietor of the trade mark.
Registration number.
Assignments and transmissions of trade marks to be notified.
Cancellation of brand where no longer registered as a trade mark.
Part VI.—Miscellaneous
Analysts.
25.—(1.) The Minister may appoint a qualified person to be an analyst for the purposes of these Regulations.
(2.) All persons appointed to be analysts for the purposes of the Customs Act 1901-1949 shall, without further appointment, be analysts for the purposes of these Regulations.
Certificate of analysis.
Fees for certificates.
This is an opening excerpt, not the complete document.