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 the goods specified in the first column of the First Schedule to the following Regulations, except subject to the conditions and restrictions prescribed by those 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.
Signature of the Minister of State for Commerce. 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.
*Notified in the Commonwealth Gazette on , 1937
4805.—12/4.6.1937.—Price 8d.
EXPORTS (GENERAL) REGULATIONS.
Part I.—Preliminary.
Citation.
These Regulations may be cited as the Exports (General) Regulations.
Commencement.
These Regulations shall come into operation on the first day of July, 1937.
Repeal.
The Commerce (General Exports) Regulations (being Statutory Rules 1926, No. 22, as amended to the date of commencement of these Regulations) are hereby repealed.
Parts.
4.These Regulations are divided into Parts, as follows:—
Part I.—Preliminary.
Part II.—General Provisions as to Exportation of Goods.
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 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 goods specified in the first column of the First Schedule which are intended for export may be inspected and examined, and includes any wharf at which such goods are to be shipped and any ship used, or intended to be used, for the conveyance for export of such goods ;
“coverings” means all the principal coverings in which goods are contained;
“disease” means any abnormal condition of or in goods, 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;
“officer” means an officer as defined by the Commerce (Trade Descriptions) Act 1905-1933;
“plant” includes every part of any plant (except the seed) intended for planting or for purposes of propagation;
“registered brand” means a brand registered in pursuance of Part V. of these Regulations or in pursuance of the Regulations repealed by these Regulations;
“sole”, in relation to boots and shoes, means all that part of the boot or shoe which, in use, is under the foot of the wearer, except only the thin strip of leather, paper, or the like, which is affixed to the upper surface of the inner sole;
“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.
These Regulations shall not apply to ships' stores brought to or shipped in Australia.
Part II.—General Provisions as to Exportation of Goods.
Export of certain goods prohibited except subject to conditions.
7.—(1.) The exportation of the goods specified in the first column of the First Schedule is prohibited unless—
(a) the Secretary is satisfied that the goods have been prepared or manufactured 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 those goods are complied with; and
(c) the exporter has obtained an export permit in accordance with these Regulations in respect of the goods.
(2.) The provisions of paragraph (b) of the last preceding sub-regulation shall not apply to any goods 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 goods.
Officers may enter establishments, take samples, &c.
8. Any officer may at any time enter any establishment in which any goods specified in the first column of the First Schedule are being prepared or manufactured for export, and may open any packages, take samples, and do all other things necessary to enable him to ascertain whether the establishment is constructed, equipped and operated in an efficient and hygienic manner.
Part III.—Trade Descriptions.
Export of certain goods prohibited unless trade description applied.
9.—(1.) Subject to this regulation, the exportation of the goods specified in the first column of the First Schedule is prohibited unless there is applied to those goods a trade description in accordance with these Regulations.
(2.) Nothing in this Part of these Regulations shall apply to any parcel of seeds not exceeding three pounds in weight exported by post.
(3.) This regulation shall apply to goods specified in the first column of the First Schedule which are imported into Australia, and are not held in bond, unless the Secretary is satisfied that the goods are not the produce or manufacture of Australia.
Trade description.
10.—(1.) The trade description to be applied to any goods specified in the first column of the First Schedule which are intended for export shall comply with the provisions of this regulation and with the provisions (if any) specified in the third column of that Schedule opposite to the name or description of those goods.
(2.) The trade description—
(a) shall be in the form of a principal label or brand affixed to the goods, or to the coverings containing the goods, 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 goods, together with the word “Australia”, and may include in addition the name of the State or Territory in which the goods were made or produced; and
(c) shall include one or both of the following particulars, namely:—
(i) the name of the manufacturer, producer or exporter;
(ii) the registered brand of the manufacturer, 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 manufacturer, producer or exporter :
Provided further that where the manufacturer or producer is not the exporter, the trade description shall include the manufacturer’s or producer’s name or registered brand, unless the exporter sets forth in the notice of intention to export the name and address of the manufacturer or producer.
(3.) Except in the case of boots and shoes, plants, and fresh vegetables, the label or brand shall specify the net weight or quantity of the goods.
(4.) In the case of goods containing any deleterious substance, the trade description shall include a statement that the goods contain that deleterious substance.
Trade description applies as at time of shipment.
The trade description to be applied to goods in pursuance of these Regulations shall have relation to the condition of the goods as at the time of shipment.
Trade descriptions and official marks not to be interfered with.
12 A person shall not, except by the authority of an officer, remove, alter or interfere with a trade description or official stamp or mark marked on or applied to any of the goods specified in the first column of the First Schedule which are intended for export and have been inspected by an officer.
Penalty: Fifty pounds.
Part IV.—Supervision, Inspection and Examination.
Preparation of export goods under supervision.
13.—(1.) Upon the application of any person engaged in the preparation of any goods specified in the first column of the First Schedule which are intended for export, the Secretary may make available the services of an officer to supervise the preparation of the goods and that person may then attach or affix to the goods, or to the coverings containing the goods, a label setting out that the goods have 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 goods, 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 goods specified in the first column of the First Schedule which are 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 goods or class of goods, or may attach to the appointment any other condition or restriction.
Goods to be sent to appointed places.
All goods specified in the first column of the First Schedule which are intended for export, shall be sent to an appointed place in sufficient time before shipment to enable an officer to inspect and examine them.
Examination at places other than appointed places.
The Secretary may, in exceptional cases, permit the inspection and examination of goods to be made at a place other than an appointed place.
Notice of intention to export, and declaration.
17.—(1.) A person who intends to export any of the goods specified in the first column of the First Schedule shall furnish to the Secretary a notice and declaration in writing in accordance with Form 1.
(2.) In the case of lucerne seed, the declaration shall also state the name of the State or Territory and district and the year in which the seed was produced.
(3.) The notice and declaration referred to in sub-regulation (1.) of this regulation shall be furnished—
(a) in the case of boots, shoes, chutneys, pickles, sauces, fruit juice, fruit pulp, honey, jam, marmalade, dried and preserved vegetables—at least three clear working days before the proposed date of shipment; and
(b) in the case of all other goods—at least one clear working day before the proposed date of shipment.
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 goods.
19.—(1.) Where an officer has examined any goods specified in the first column of the First Schedule which are intended for export and—
(a) the goods 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 goods have been complied with,
he shall sign the certificate at the foot of the notice of intention to export furnished in respect of those goods, and the exporter shall be entitled to receive an export permit in accordance with Form 2 and a certificate as to the condition of the goods in accordance with Form 3.
(2.) When the goods 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 goods are to be exported.
Goods may be re-examined and permit cancelled.
20.—(1.) If any officer has reasonable cause to think that, since the examination of any goods specified in the first column of the First Schedule which are intended for export, the condition, quality, grade or class of the goods has changed, he may re-examine the goods, and if, having regard to the condition, quality, grade or class of the goods as disclosed by the re-examination—
(a) the goods 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 has not been complied with,
he may cancel the export permit and any certificate as to the condition of the goods issued in respect of those goods.
(2.) Where an export permit or certificate as to the condition of any goods 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 goods specified in the first column of the First Schedule which are intended for export and shall keep a register of brands so registered.
(2.) The register of brands kept by the Secretary under the Regulations repealed by these Regulations shall be incorporated with and form part of the register under these Regulations.
Application to be accompanied by copies of brand.
22. An application for the registration of a brand shall be accompanied by seven copies of the brand.
Registration as trade mark necessary.
A brand shall not be registered under these Regulations unless it is registered as a trade mark under the Trade Marks Act 1905-1936, and the applicant is the registered proprietor of the trade mark.
Registration number.
24. The Secretary shall allot a number in respect of each registered brand, and that number may be applied to goods in conjunction with the brand.
Assignments and transmissions of trade marks to be notified.
Where a trade mark which is registered as a brand under these Regulations or under the Regulations repealed by these Regulations is assigned or transmitted, the assignee or transmittee shall give notice of the assignment or transmission to the Secretary.
Cancellation of brand where no longer registered as a trade mark.
Where any trade mark which is registered as a brand under these Regulations or under the Regulations repealed by these Regulations ceases to be registered as a trade mark, the Secretary shall cancel the registration of the brand.
Part VI.—Miscellaneous.
Analysts.
27.—(1.) The Minister of State for Commerce may appoint any qualified person to be an analyst for the purposes of the Commerce (Trade Descriptions) Act 1905-1933 and these Regulations.
(2.) All persons appointed as analysts for the purposes of the Customs Act 1901-1936 shall, without further appointment, be analysts for the purposes of the Commerce (Trade Descriptions) Act 1905-1933 and these Regulations.
Certificate of analysis.
Every certificate given by an appointed analyst of the result of an analysis shall be prima facie evidence of the facts therein stated.
Fees for certificates.
A copy of a certificate of analysis relating to any goods specified in the first column of the First Schedule which are intended for export may be supplied by the Secretary to the manufacturer or exporter of the goods on either of the following conditions:—
(a) Where the analysis is made at the instance of an officer for departmental purposes, the certificate may be supplied upon payment of One shilling.
(b) Where the analysis is made at the request of the manufacturer or exporter desirous of obtaining the certificate, the certificate may be supplied upon payment of Ten shillings and sixpence.
Inspection fees.
30.—(1.) Where, in pursuance of a request by the exporter, any goods specified in the first column of the First Schedule are inspected and examined before or after official hours, or on any Sunday or holiday, there shall be charged, for the services of an officer for the purpose of inspecting and examining those goods, a fee which shall, subject to sub-regulation (3.) of this regulation, be Four shillings and sixpence per hour or part thereof.
(2.) The time in respect of which the fee shall be charged shall include the time reasonably occupied by the officer in proceeding to and returning from the place where his attendance is required.
(3.) Where an officer is required to proceed on duty away from his ordinary station, the rate of charge to be made in respect of his services shall be fixed by the Minister.
THE SCHEDULES.
FIRST SCHEDULE. Regs. 7 and 10.
FIRST COLUMN.
Second Column.
Third Column.
Name or description of goods.
Conditions and Restrictions subject to which export is allowed.
Provisions relating to trade descriptions in addition to those contained in regulation 10.
In the case of boots and shoes manufactured wholly or partly from leather or any imitation thereof, the trade description shall include a statement of the principal material from which they are made, and, unless the soles are solid leather, without admixture or addition other than ordinary fillers of cork or of waterproofed felt, shall state the nature of the admixture or addition. A statement of the material or materials composing the sole shall, in all cases, be conspicuously, legibly and indelibly stamped upon or impressed into the outer surface of the sole of each boot or shoe.
2. Chutneys, pickles and sauces
1. The goods shall not contain benzoic acid to an extent greater than 250 parts per million. No other preservative substance shall be added.2. The goods shall be free from disease (as defined by regulation 5 of these Regulations), and from damage and decay.
3. Fruit juice..........
1. The fruit juice shall be the clear, unfermented liquid product obtained by the first pressing of fresh, ripe fruit. It shall not contain more than .2 per centum by volume of alcohol.
The trade description shall include the name of the fruit from which the fruit juice was obtained.
4. Honey............
1. The honey shall be the ripened nectar and saccharine exudations of plants, gathered, modified, and stored by the honey bee. It shall contain not more than 26 parts per centum of water and not less than 60 parts per centum of reducing sugars. It shall not yield more than 0.75 parts per centum of ash. It shall not contain any added sugar or glucose, artificial sweetening substance, added colouring matter or other foreign substance. It shall be uniform in flavour, density and colour.
The trade description shall include a statement that the honey is white, light amber, medium amber or dark, as the case may be.
First Schedule—continued.
First Column.
Second Column.
Third Column
Name or description of goods.
Conditions and Restrictions subject to which export is allowed.
Provisions relating to trade descriptions in addition to those contained in regulation 10.
4. Honey—continued.
2. The honey shall be packed in accordance with the following provisions :—(a) The immediate containers shall be clean, new and strongly constructed. If they are made of tin plate, they shall be lacquered on the outside, and if soldered, they shall be externally soldered.(b) If the immediate containers are made of tin plate, the substance and quality of the tin plate shall be not lower than the following :—(i) in the case of containers of less than 2 lb. net capacity, 95 lb. substance I.C.L. quality; and(ii) in the case of containers of 2 lb. net capacity and over, 108 lb. substance I.C. quality.(c) Where the immediate containers are of tin plate, the net weight shall not exceed 56 lb., and the net weight of the contents of a case shall not exceed 120 lb.(d) The immediate containers shall be enclosed in cases, which shall be clean and new, and constructed of well-seasoned softwood or hardwood which has been smoothly sawn or dressed in a manner approved by the Secretary. The cases shall be strapped with metal strapping or wire, and shall, in the opinion of the Secretary, be sufficiently strong to withstand such handling as is ordinarily incidental to transport to destinations beyond the Commonwealth.(e) Where the Secretary is satisfied that strict compliance with the requirements of sub-paragraphs (a), (b) and (d) of this paragraph would be economically impossible, he may permit such variations of the requirements as he thinks fit.
5. Jam (including mixed jam, marmalade and fruit pulp)
1. The goods shall, in the opinion of an officer, be—(a) sound, and not diseased or otherwise in an abnormal condition;(b) contained in packages or containers which are suitable in respect of size, nature, durability and cleanliness; and(c) not likely, for any other reason, to arrive at their destination in a deteriorated condition.2. Jam (other than mixed jam, marmalade and fruit pulp) shall be the product obtained by boiling some one kind of sound fruit with cane or beet sugar, or both cane sugar and beet sugar. It shall not contain any added substance
1. The trade description shall include in bold legible characters of not less than one quarter of an inch in length the word
First Schedule—continued.
First Column.
Second Column.
Third Column
Name or description of goods.
Conditions and Restrictions subject to which export is allowed.
Provisions relating to trade descriptions in addition to those contained in regulation 10.
5. Jam—continued.
other than apple juice not exceeding 5 per centum, and in the case of raspberry, strawberry, or plum jam, harmless colouring matter. The water soluble extract of the jam shall not be less than 60 per centum of the jam by weight. The jam shall contain net less than 50 per centum of added sugar.3. Mixed Jam shall be the product obtained by boiling two or more varieties of sound fruit with cane or beet sugar, or both cane sugar and beet sugar. It shall not contain any added substances other than apple juice not exceeding 5 per centum. The water soluble extract of the jam shall not be less than 60 per centum of the jam by weight. The jam shall contain not less than 50 per centum of added sugar.4. Marmalade shall be the product obtained by boiling sound citrus fruit or fruits with cane or beet sugar, or both cane sugar and beet sugar. It shall not contain any added substance except glucose made from maize starch. The water soluble extract shall not be less than 60 per centum of the marmalade by weight. The marmalade shall contain not less then 50 per centum of added sugar.5. Fruit Pulp shall be the product obtained by boiling any one variety of sound fruit. It shall not contain any added substance.6. Jam (including mixed jam, marmalade and fruit pulp) shall be packed in accordance with the following provisions :—(a) The goods shall be packed in immediate containers which shall be enclosed in cases constructed of softwood or hardwood or in cases constructed of fibre board. The gross weight of the cases, when packed, shall not exceed 75 lb.(b) If the cases are constructed of softwood or hardwood, they shall be clean and new, the wood of which they are constructed shall be smoothly sawn or dressed, in a manner approved by the Secretary, and they shall be strapped with metal strapping or wire and shall, in the opinion of the Secretary, be sufficiently strong to withstand such handling as is ordinarily incidental to transport to destinations beyond the Commonwealth.
“Jam”, “Conserve”, “Marmalade” or “Fruit Jelly”, and the name of the fruit or fruits from which the jam has been made.2. The trade description of mixed jam shall include the names of the constituent fruits set forth in order corresponding to the proportions in which they are present, the name of the fruit used in greatest proportion in the manufacture of the jam being placed first.3. Where more than one variety of fruit is used in making jam (other than in the form of added fruit juice not exceeding 5 per centum), the name of each such variety shall be included in the trade description, but where any fruit contained in any jam is less than 25 per centum of the total fruit content, the name of that fruit shall be prefaced in the trade description by the words “flavoured with” in such form as to be easily readable by the buyer. The provisions of this paragraph shall not apply to jam sold under the description of mixed jam or mixed fruit jam.4. If a label includes the pictorial representation of any one kind of fruit, the pictorial representation shall be deemed to be part of the trade description of the jam in
First Schedule—continued.
First Column.
Second Column.
Third Column
Name or description of goods.—
Conditions and Restrictions subject to which export is allowed.
Provisions relating to trade descriptions in addition to those contained in regulation 10.
5. Jam—continued.
(c) If the cases are constructed of fibre board, each side shall consist of one piece of solid fibre board of not less than 100 point thickness constructed with outer face of .016, 100 lb. Mullen test. The fibre board shall be coloured and made waterproof, and the combined board shall have a Mullen test of not less than 275 lb. per square inch. The side flaps shall be securely riveted with coppered flat wire and the cases shall, if so required by the Secretary, be strapped with metal strapping or wire.(d) The immediate containers shall be made of tin-plate or of glass and shall be clean and strongly and efficiently constructed.(e) In the case of tins, the substance and quality of the tin-plate shall be not lower than the following :—(i) in the case of tins of less than 2 lb. net capacity, 95 lb. substance I.C.L. quality ; and,(ii) in the case of tins of 2 lb. net capacity and over, 108 lb. substance I.C. quality.(f) Tins shall, if soldered, be externally soldered.(g) Where the goods are intended for expert to any country or place situated between the 80th and the 180th degrees of east longitude, the tins shall be lacquered on the whole of the outer surfaces in a manner approved by an officer.(h) Where the goods are intended for export to a country or place other than a country or place to which the last preceding paragraph applies, the tins shall, if considered necessary by the Secretary, be lacquered on the whole of the outer surfaces in a manner approved by an officer.(i) In the case of pulps manufactured from berry fruits, the whole of the inner surfaces of the cans shall be lacquered in a manner approved by the Secretary.(j) A label shall not be applied to containers of jam and fruit pulp unless the design, nature and dimensions of the label have been approved by the Secretary.
connexion with which it is used, but the pictorial representation on a label of several kinds of fruit shall not be deemed to be part of the trade description.5. In the case of fruit pulp, the trade description shall comply with the following additional provisions :—(a) The label shall be clearly and legibly printed and affixed in a prominent position to the container, and there shall be included in the trade description, in bold and legible characters of not less than three-eighths of an inch in length, the word “pulp” and the name of the fruit from which the pulp has been prepared.(b) On the immediate container, if made of tin plate, there shall be impressed, in a form approved by the Secretary, an indication of the year and month of manufacture.
First Schedule—continued.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><tbody><tr style="height:7.7pt"><td style="width:18.2%; border-top:0.75pt solid #000000; padding-right:0.5pt; padding-left:0.5pt; vertical-align:top; background-color:#ffffff"><p class="Bodytext200" style="text-indent:0pt; text-align:center; line-height:normal; font-size:10pt; background-color:transparent"><span class="Bodytext25pt0" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">First Column.</span></p></td><td style="width:52.04%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:0.5pt; padding-left:0.12pt; vertical-align:top; background-color:#ffffff"><p class="Bodytext200" style="text-indent:0pt; text-align:center; line-height:normal; font-size:10pt; background-color:transparent"><span class="Bodytext25pt0" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">Second Column.</span></p></td><td style="width:29.76%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:0.5pt; padding-left:0.12pt; vertical-align:top; background-color:#ffffff"><p class="Bodytext200" style="text-indent:0pt; text-align:center; line-height:normal; font-size:10pt; background-color:transparent"><span class="Bodytext25pt0" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">Third Column</span></p></td></tr><tr style="height:51.1pt"><td style="width:18.2%; border-bottom:0.75pt solid #000000; padding-right:0.5pt; padding-left:0.5pt; vertical-align:middle; background-color:#ffffff"><p class="Bodytext200" style="text-indent:0pt; text-align:center; line-height:normal; font-size:10pt"><span class="Bodytext26pt0" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">Name or description of goods.</span></p></td><td style="width:52.04%; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:0.5pt; padding-left:0.12pt; vertical-align:middle; background-color:#ffffff"><p class="Bodytext200" style="text-indent:0pt; text-align:center; line-height:normal; font-size:10pt; background-color:transparent"><span class="Bodytext25pt" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">Co</span><span class="Bodytext26pt0" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">nditions and Restrictions subject to which export is allowed.</span></p></td><td style="width:29.76%; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:0.5pt; padding-left:0.12pt; vertical-align:middle; background-color:#ffffff"><p class="Bodytext200" style="text-indent:0pt; text-align:center; line-height:normal; font-size:10pt; background-color:transparent"><span class="Bodytext26pt0" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">Provisions relating to trade descriptions in addition to those contained in regulation 10.</span></p></td></tr><tr style="height:35.5pt"><td style="width:18.2%; border-top:0.75pt solid #000000; padding-right:0.5pt; padding-left:0.5pt; vertical-align:top; background-color:#ffffff"><p class="Bodytext200" style="text-indent:0pt; line-height:normal; font-size:10pt; background-color:transparent"><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">5.</span><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; font-weight:normal; letter-spacing:normal; vertical-align:baseline"> Jam—</span><span class="Bodytext27pt0" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">continued.</span></p></td><td style="width:52.04%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:0.5pt; padding-left:0.12pt; vertical-align:top; background-color:#ffffff"><p class="Bodytext200" style="margin-left:36pt; margin-bottom:1pt; text-indent:-28.8pt; line-height:normal; font-size:10pt; background-color:transparent"><span class="Bodytext27pt1" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">(</span><span class="Bodytext27pt0" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">k</span><span class="Bodytext27pt1" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">)</span><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; font-weight:normal; letter-spacing:normal; vertical-align:baseline"> In the case of jam packed in tins, one label only may be applied and that label shall completely cover the body of the tin. An additional label shall not be super-imposed without the permission of the Secretary.</span></p><p class="Bodytext200" style="margin-left:36pt; margin-bottom:1pt; text-indent:-28.8pt; line-height:normal; font-size:10pt; background-color:transparent"><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; font-weight:normal; letter-spacing:normal; vertical-align:baseline">(</span><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; font-weight:normal; font-style:italic; letter-spacing:normal; vertical-align:baseline">l</span><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; font-weight:normal; letter-spacing:normal; vertical-align:baseline">) Where the Secretary is of opinion that there is such free movement of the immediate containers within a case as is likely to cause </span><span class="Bodytext27pt7" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">breakages</span><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; font-weight:normal; letter-spacing:normal; vertical-align:baseline"> or other damage to the containers or the labels thereon during transit, he may require the containers to be securely packed with wood-wool or other suitable packing material.</span></p><p class="Bodytext200" style="margin-left:36pt; margin-bottom:6pt; text-indent:-28.8pt; text-align:left; line-height:normal; font-size:10pt; background-color:transparent"><span class="Bodytext27pt1" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">(</span><span class="Bodytext27pt0" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">m</span><span class="Bodytext27pt1" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">)</span><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; font-weight:normal; letter-spacing:normal; vertical-align:baseline"> In the case of jam packed in tins, the minimum net contents of the</span><span style="font-family:'Times New Roman', serif"> </span><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; font-weight:normal; letter-spacing:normal; vertical-align:baseline">tins and the maximum number of tins which may be packed in a case shall be as follows:—</span></p><table cellspacing="0" cellpadding="0" style="margin-left:36pt; border-collapse:collapse"><tbody><tr style="height:31.5pt"><td style="width:136.55pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:middle"><p class="Bodytext200" style="margin-right:43.2pt; text-indent:0pt; text-align:center; line-height:normal; font-size:10pt; background-color:transparent"><span class="Bodytext26pt1" style="font-family:'Times New Roman', serif; font-size:10pt; font-style:normal; letter-spacing:normal; vertical-align:baseline">Minimum net contents of tins.</span></p></td><td style="width:139.55pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:middle"><p class="Bodytext200" style="text-indent:0pt; text-align:center; line-height:normal; font-size:10pt; background-color:transparent"><span class="Bodytext26pt1" style="font-family:'Times New Roman', serif; font-size:10pt; font-style:normal; letter-spacing:normal; vertical-align:baseline">Maximum number of tins which may be packed in a case.</span></p></td></tr></tbody></table><p class="Bodytext200" style="margin-right:14.4pt; text-indent:0pt; text-align:center; line-height:normal; font-size:10pt; background-color:transparent"><span class="Bodytext27pt7" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">12 or 13 ounces</span><span style="width:133.25pt; font-family:'Lucida Console', monospace; display:inline-block">......................</span><span class="Bodytext27pt7" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">72</span></p><p class="Bodytext200" style="margin-right:14.4pt; text-indent:0pt; text-align:center; line-height:normal; font-size:10pt; background-color:transparent"><span class="Bodytext27pt7" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">16 ounces</span><span style="width:156.58pt; font-family:'Lucida Console', monospace; display:inline-block">.........................</span><span class="Bodytext27pt7" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">60</span></p><p class="Bodytext200" style="margin-right:14.4pt; text-indent:0pt; text-align:center; line-height:normal; font-size:10pt; background-color:transparent"><span class="Bodytext27pt7" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">24 ounces</span><span style="width:156.58pt; font-family:'Lucida Console', monospace; display:inline-block">.........................</span><span class="Bodytext27pt7" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">48</span></p><p class="Bodytext200" style="margin-right:14.4pt; text-indent:0pt; text-align:center; line-height:normal; font-size:10pt; background-color:transparent"><span class="Bodytext27pt7" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">32 ounces</span><span style="width:156.58pt; font-family:'Lucida Console', monospace; display:inline-block">.........................</span><span class="Bodytext27pt7" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">30</span></p><p class="Bodytext200" style="margin-right:14.4pt; text-indent:0pt; text-align:center; line-height:normal; font-size:10pt; background-color:transparent"><span class="Bodytext27pt7" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">36 ounces</span><span style="width:156.58pt; font-family:'Lucida Console', monospace; display:inline-block">.........................</span><span class="Bodytext27pt7" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">30</span></p><p class="Bodytext200" style="margin-right:14.4pt; text-indent:0pt; text-align:center; line-height:normal; font-size:10pt; background-color:transparent"><span class="Bodytext27pt7" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">80 ounces</span><span style="width:156.58pt; font-family:'Lucida Console', monospace; display:inline-block">.........................</span><span class="Bodytext27pt7" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">12</span></p><p class="Bodytext200" style="margin-left:36pt; margin-bottom:6pt; text-indent:-28.8pt; text-align:left; line-height:normal; font-size:10pt; background-color:transparent"><span style="font-family:'Times New Roman', serif"></span></p><p class="Bodytext200" style="margin-left:43.2pt; margin-bottom:1pt; text-indent:14.4pt; line-height:normal; font-size:10pt; background-color:transparent"><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; font-weight:normal; letter-spacing:normal; vertical-align:baseline">In the case of jam exported to any country where the metric system of weights is in operation to the exclusion of other systems, the net contents of the tins may be one </span><span class="Bodytext27pt7" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">kilogramme</span><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; font-weight:normal; letter-spacing:normal; vertical-align:baseline"> or some multiple of one kilogramme.</span></p><p class="Bodytext200" style="margin-left:36pt; margin-bottom:1pt; text-indent:-28.8pt; line-height:normal; font-size:10pt; background-color:transparent"><span class="Bodytext27pt1" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">(</span><span class="Bodytext27pt0" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">n</span><span class="Bodytext27pt1" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">)</span><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; font-weight:normal; letter-spacing:normal; vertical-align:baseline"> </span><span style="font-family:'Times New Roman', serif">In</span><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; font-weight:normal; letter-spacing:normal; vertical-align:baseline"> the case of fruit pulp, the net weight of the contents of an immediate </span><span class="Bodytext27pt7" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">container made of tin plate shall not exceed 30 lb., and the net weight of the contents of a case shall not exceed 64 lb.</span></p><div style="margin-left:7.2pt; margin-bottom:1pt; background-color:#ffffff"><p class="Bodytext200" style="margin-left:28.8pt; text-indent:-28.8pt; background-color:transparent"><span class="Bodytext27pt7" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">(</span><span class="Bodytext27pt7" style="font-family:'Times New Roman', serif; font-size:10pt; font-style:italic; letter-spacing:normal; vertical-align:baseline">o</span><span class="Bodytext27pt7" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">) The goods</span><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; font-weight:normal; letter-spacing:normal; vertical-align:baseline"> shall not be packed in tins which, in the opinion of the</span><span style="font-family:'Times New Roman', serif; font-size:10pt"> </span><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; font-weight:normal; letter-spacing:normal; vertical-align:baseline">Secretary, are not sufficiently strong to withstand such handling as is </span><span class="Bodytext27pt7" style="font-family:'Times New Roman', serif; font-size:10pt; letter-spacing:normal; vertical-align:baseline">ordinarily</span><span class="Bodytext27pt" style="font-family:'Times New Roman', serif; font-size:10pt; font-weight:normal; letter-spacing:normal; vertical-align:baseline"> incidental to transport to destinations beyond the Commonwealth.</span></p></div></td><td style="width:29.76%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:0.5pt; padding-left:0.12pt; vertical-align:top; background-color:#ffffff"><p style="text-align:justify; font-size:10pt"><span style="font-family:'Times New Roman', serif"></span></p></td></tr></tbody></table>
First Schedule—continued.
First Column.
Second Column.
Third Column
Name or description of goods.
Conditions and Restrictions subject to which export is allowed.
Provisions relating to trade descriptions in addition to those contained in regulation 10.
6. Nuts
1. Ninety per centum of the nuts in each consignment shall be fresh, fairly uniform in colour, dry, and free from damage caused by stains, and from adhering or loose hulls or other foreign material.2. The kernels of ninety per centum of the nuts in each consignment shall be well formed and cured, and free from rancidity and damage caused by lack of development, insects, mould, discolouration, or other means.3. The nuts shall be fairly uniform in size.
7. Plants and fresh vegetables (including onions and potatoes)
1. The goods shall be free from disease (as defined by regulation 5 of these Regulations) and from damage and decay.
8. Seeds
1. The seeds shall be free from seeds other than those specified in the trade description and from stalks, soil and other foreign substances.2. The seeds shall be free from disease (as defined by regulation 5 of these Regulations) and from damage and decay.3. The germinating power of the seeds (other than lucerne seeds) shall not be impaired by age or other cause.4. The seeds shall not be contained in second-hand bags.5. Lucerne seed shall possess germinating power to the extent of 80 per centum.
The trade description shall include a statement that the seeds are sound, clean and fresh, and, in the case of lucerne seed, the trade description shall, in addition, specify the name of the State and district, and the year in which the seeds were produced.
9. Vegetables (dried and preserved)
1. The vegetables shall be free from stalks, dirt, sand and other foreign substances.2. The vegetables shall be the produce of the latest crop.3. The vegetables shall be free from disease (as defined by regulation 5 of these Regulations) and from damage and decay.4. The vegetables shall not contain any added preservative substance.
In the case of dried vegetables, the trade description shall include a statement that the vegetables are sound, clean and fresh.
SECOND SCHEDULE. Reg. 5 (2.).
Form 1. Reg. 17.
Commonwealth of Australia.
Exports (General) Regulations.
NOTICE OF INTENTION TO EXPORT.
............
............, 19…
To the Department of Commerce,
Port of.........
Notice is hereby given that Image unavailable in extracted text intend to export goods as set out hereunder.
* Strike out words not applicable.
The goods have been delivered to the appointed place at........................
and may be inspected on...........................
I hereby declare—
(а) that I am the Image unavailable in extracted text duly authorized by...........the owner of the goods specified hereunder;
(b) that the conditions and restrictions applicable in respect of the goods under the Exports (General) Regulations have been complied with; and
(c) that the goods are marked in the prescribed manner with the prescribed trade description.
Statement of Goods to be Exported.
Goods.
Brands.
Number of Packages.
Size, Weight or Measure and Number of Contents.
Export Ship.
Destination.
Date of Sailing.
(Signature of agent or owner.)
(Witness to signature of agent or owner.)
Certificate by Inspecting Officer.
I hereby certify—
(а) that the goods referred to above are marked in the prescribed manner with the prescribed trade description; and
(b) I am satisfied that the conditions and restrictions applicable to the goods under the Exports (General) Regulations have been complied with.
Inspecting Officer.
…./…./19..
Form 2. Reg. 19.
Commonwealth of Australia.
Exports (General) Regulations.
EXPORT PERMIT.
Port of.............
Date..........., 19...
To the Officer of Customs,
...........Wharf.
The undermentioned goods to be shipped per........................are marked
in the prescribed manner with the prescribed trade description and the conditions and restrictions applicable under the Exports (General) Regulations in respect of the goods have been complied with:—
Marks.
Exporter.
Character of Goods.
Quantity.
Officer of the Department of Commerce.
Shipped the above goods.
............Officer of Customs.
Date........,19...
Note.—This form is to be delivered by the exporter to the Customs Officer at the export ship at the time the goods are brought for shipment, and to be returned by the Customs Officer after shipment of the goods to the examining officer.
Form 3. Reg. 19.
Commonwealth of Australia.
Exports (General) Regulations.
CERTIFICATE AS TO CONDITION OF *...........
This is to certify that...................of *....................branded
.........and shipped per SS..................to..................... on
................, 19..., have been examined and found to be in the condition specified
Dated at................in the State of............the................
day of........, 19..
Officer of the Department of Commerce.
* Insert name of goods.
† Here set out condition, e.g., “free from adulteration” , “sound and clean”, “sound, clean and fresh” , or the grade, if any, of the goods, as the case requires.
By Authority: L . F. Johnston, Commonwealth Government Printer, Canberra.