DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS
- Reprinted as at 30 June 1981 (HISTREG CHAP 106 #DATE 30:06:1981)
*1* The Dairy Produce Export Control (Licences) Regulations (in force under the Dairy Produce Act 1924) as shown in this reprint comprise Statutory Rules 1955 No. 38 as amended by the other Statutory Rules specified in the following table: ---------------------------------------------------------------------------- Date of Application, saving Year and notification Date of or transitional number in Gazette commencement provisions ---------------------------------------------------------------------------- 1955 No. 38(a) 2 June 1955 1 July 1955 1957 No. 50 12 Sept 1957 1 Jan 1958 - 1958 No. 29(b) 24 Apr 1958 24 Apr 1958 - 1962 No. 11 25 Jan 1962 25 Jan 1962 - 16(b) 1 Mar 1962 1 Mar 1962 - 1965 No. 27 9 Mar 1965 9 Mar 1965 - 1971 No. 109 26 Aug 1971 26 Aug 1971 - ---------------------------------------------------------------------------- (a) The form of introductory words used to make Statutory Rules 1955 No. 38 was as follows: "Whereas by section fourteen of the Dairy Produce Export Control Act 1924-1954 it is enacted that the regulations may prohibit the export from the Commonwealth of dairy produce- (a) except by a person who holds a licence granted as prescribed; and (b) except in accordance with such conditions and restrictions as are prescribed after recommendation to the Minister by the Australian Dairy Produce Board: "And whereas the Board has recommended to the Minister that the conditions and restrictions applying to the export from the Commonwealth of dairy produce should be the conditions and restrictions set forth in the following Regulations: "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 Dairy Produce Export Control Act 1924-1954." (b) The form of introductory words used to make Statutory Rules 1958 No. 29 and 1962 No. 16 was similar to the form set out in (a). DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Commencement
3. Repeal
4. Interpretation
4A. Products prescribed as dairy products
5. Regulation of export
6. Issue of licences
7. Licences in force under the Dairy Produce Export Control Act
1924-
1953
8. Conditions and restrictions-general
9. Conditions and restrictions-United Kingdom
10. Conditions and restrictions-countries other than the United
Kingdom
11. Furnishing of information on demand
12. Return as to butter, cheese or both those products
13. Notices
14. False information
THE SCHEDULE
Forms
DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Dairy Produce Export Control
(Licences) Regulations.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 2
Commencement
2. These Regulations shall come into operation on the first day of July,
1955.
DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 3
Repeal
3. (1) The Dairy Produce Export Control (Licences) Regulations (comprising
Statutory Rules 1936, No. 102; Statutory Rules 1938, No. 53; Statutory Rules
1948, No. 53; and Statutory Rules 1951, No. 25) are repealed.
(2) Notwithstanding the repeal effected by the last preceding
sub-regulation, the Dairy Produce Export Control (Licences) Regulations as in
force immediately before the commencement of these Regulations shall continue
to apply after the commencement of these Regulations to and in relation to the
export to the United Kingdom of butter and cheese produced before the
commencement of these Regulations.
DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 4
Interpretation
Sub-reg. (1) amended by 1957 No. 50 r. 2; 1962 No. 11 r. 1
4. (1) In these Regulations, unless the contrary intention appears-
"authorized person", in relation to the exercise of a power or the
performance of a duty or function under these Regulations, means a
person authorized for that purpose by the Board;
"export" means export from the Commonwealth;
"licensee" means the holder of a licence in force under these
Regulations, being a licence of a kind referred to in regulation 5 of
these Regulations;
"the Act" means the Dairy Produce Export Control Act 1924-1958;*2*
"the Board" means the Australian Dairy Produce Board constituted under the
Dairy Produce Export Control Act 1924-1954 and, in relation to a power or
function of the Board which the Executive Committee of the Board is
authorized to exercise or perform, includes the Executive Committee;
"the Secretary" means the Secretary to the Board, and includes a
person for the time being acting as Secretary to the Board.
(2) In these Regulations, a reference to a Form by letter shall be
read as a reference to the Form so lettered in the Schedule to these
Regulations.
(3) Strict compliance with a Form in the Schedule to these Regulations is
not necessary and substantial compliance is sufficient.
*2* R. 4 (1), definition of "the Act"-Now cited as the Dairy Produce Act
1924.
DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 4A
Products prescribed as dairy products
Substituted by 1971 No. 109
4A. (1) For the purposes of the definition of "dairy produce" in section 3
of the Act-
(a) each of the following products is a prescribed product:
casein
ammonium caseinate
calcium caseinate
potassium caseinate
sodium caseinate
ghee; and
(b) subject to the next two succeeding sub-regulations, each of the
following products, namely, butter oil, dry butter fat, dried skimmed
milk and dried buttermilk (whether or not any other substance is added
to it) is a prescribed product.
(2) A product consisting of butter oil or dry butter fat and another
substance or other substances is not a prescribed product for the purposes
referred to in the last preceding sub-regulation unless the product contains
not less than forty per centum by weight of butter oil or dry butter fat.
(3) A product, not being a product consisting of dried skimmed milk and
dried buttermilk but no other substance, consisting of dried skimmed milk or
dried buttermilk and another substance or other substances is not a prescribed
product for the purposes referred to in sub-regulation (1) of this regulation
unless-
(a) the product contains not less than ninety per centum by weight of dried
skimmed milk or dried buttermilk; or
(b) the product contains dried skimmed milk, dried buttermilk and
another substance or other substances and does not contain more than ten
per centum by weight of a substance or substances other than dried
skimmed milk or dried buttermilk.
DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 5
Regulation of export
Substituted by 1962 No. 16
5. (1) The export of butter or cheese to the United Kingdom is prohibited
except by a person who holds a licence in force under these Regulations to
export butter or cheese, as the case may be, to the United Kingdom.
(2) The export of butter or cheese to a country other than the United
Kingdom is prohibited except by a person who holds a licence in force under
these Regulations to export butter or cheese, as the case may be, to countries
other than the United Kingdom.
(3) The export of butter or cheese for use of the passengers and crew of a
ship on a voyage from Australia to an overseas port is prohibited-
(a) except by a person who holds a licence in force under these Regulations
to export butter or cheese, as the case may be, to be so used; or
(b) unless the butter or cheese was supplied by a person authorized
in writing by the Board to supply butter or cheese, as the case may be,
to be so used.
(4) The export of a product (not being butter or cheese) that is
dairy produce for the purposes of the Act is prohibited except by a
person who holds a licence in force under these Regulations to export
that product.
(5) The export of dairy produce is prohibited except in accordance with the
conditions and restrictions prescribed by these Regulations.
DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 6
Issue of licences
Sub-reg. (1) amended by 1957 No. 50 r. 5
6. (1) The Minister or a person authorized in writing by the Minister to
grant licences under these Regulations may, upon the recommendation of the
Board, grant a licence of a kind referred to in the last preceding regulation.
(2) A licence granted in pursuance of the last preceding sub-regulation
shall, subject to the next succeeding sub-regulation, be in force for the
period specified in the licence.
(3) Where the Minister is satisfied, on a report by the Board, that a
licensee has failed to comply with a provision of these Regulations the
Minister may, by notice served on the licensee, cancel the licence or suspend
the licence for such period as he thinks fit.
Amended by 1957 No. 50 r. 5
(4) A licence granted in pursuance of sub-regulation (1) of this regulation
shall be in accordance with Form A.
DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 7
Licences in force under the Dairy Produce Export Control Act 1924-1953
7. Where, immediately before the date of commencement of the Dairy Produce
Export Control Act 1954,*3* a licence to export dairy produce was in force
under the Dairy Produce Export Control Act 1924-1953, not being a licence
issued for a period which expired on that date, that licence shall, upon the
commencement of these Regulations, be deemed to be a licence to export dairy
produce granted and in force under these Regulations.
*3* R. 7-The Dairy Produce Export Control Act 1954 commenced on a date fixed
by Proclamation. The date fixed was 1 July 1955 (see Gazette 1955, p. 1593).
DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 8
Conditions and restrictions-general
Amended by 1958 No. 29
8. A licensee shall not export dairy produce unless-
(a) the dairy produce has been produced at a factory the proprietor of
which participates, in respect of dairy produce produced at the
factory, in an equalization scheme approved by the Minister or the
export of the dairy produce has been approved by the Board;
(b) the dairy produce is insured with a person approved by the
Board;
(c) the dairy produce is exported on a ship, or a ship included in a
class of ships, approved by the Board; and
(d) the licensee has obtained from the Secretary or an authorized
person a certificate in accordance with Form B (which certificate has not
been revoked) certifying that the export is authorized by the Board, and
the export is in accordance with the particulars shown in the
certificate.
DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 9
Conditions and restrictions-United Kingdom
9. Except with the approval of the Board, a person shall not export dairy
produce to the United Kingdom unless an arrangement has been made between the
Board and the person for the sale and disposal of the dairy produce in the
United Kingdom by the Board on behalf of the person.
DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 10
Conditions and restrictions-counties other than the United Kingdom
10. A licensee shall not export dairy produce to a country other than the
United Kingdom unless-
(a) the dairy produce has been sold before export, or is consigned, upon
terms and conditions approved by the Board; and
(b) the export of the dairy produce is in accordance with any
directions of the Board with respect to the quantities of dairy produce
which may be exported by the licensee either generally or to particular
places.
DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 11
Furnishing of information on demand
11. (1) A licensee shall, upon demand in writing by the Secretary or an
authorized person-
(a) furnish to the Board or to the authorized person, as the case may be,
such information as is required in relation to the sale, disposal or
export, or the intended sale, disposal or export, by the licensee of
dairy produce, or in relation to dairy produce at any time owned by, or
in the custody, possession or control of, the licensee; and
(b) produce to the Board or to the authorized person, as the case
may be, all or any books, letters, copies of letters, accounts,
statements, balance-sheets, vouchers and other documents in his
custody, possession or control relating to the sale, disposal or
export, or the intended sale, disposal or export, by the licensee of
dairy produce, or relating to dairy produce which has been exported and
was at any time owned by, or in the custody, possession or control of,
the licensee.
(2) A licensee shall, upon demand by the Secretary or an authorized
person, permit an authorized person to take samples of any dairy produce
produced in the Commonwealth and owned by, or in the custody, possession
or control of, the licensee, whether the dairy produce is in the
Commonwealth or overseas.
Penalty: Fifty pounds.
DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 12
Return as to butter, cheese or both those products
Sub-reg. (1) amended by 1957 No. 50 r. 6
12. (1) Subject to the next succeeding sub-regulation, a licensee who holds
a licence to export butter, cheese or both those products shall, not later
than the twelfth day of each month of the year-
(a) furnish to the Board a return in duplicate in accordance with Form C
showing particulars of the butter, cheese or both those products exported
by the licensee during the month immediately preceding the month in which
the return is furnished; or
(b) where the licensee has not so exported butter or cheese-furnish
to the Board a statement to that effect.
Penalty: Fifty pounds.
(2) A reference in the last preceding sub-regulation to butter or cheese
does not include a reference to butter or cheese which was owned by the Board
at the time of export.
DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 13
Notices
13. A notice or other document may, for the purposes of these Regulations,
be served on a licensee by post at his address specified in his licence.
DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 14
False information
14. A person shall not, for the purpose of these Regulations, make a
statement, or furnish information, which is false or misleading.
Penalty: Fifty pounds.
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DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - SCHEDULE 1
Form A substituted by 1957 No. 50 r. 7
SCH
THE SCHEDULE
FORM A Regulation
6
No.
COMMONWEALTH OF AUSTRALIA
Dairy Produce Export Control (Licences) Regulations
LICENCE TO EXPORT
In pursuance of Regulation 6 of the Dairy Produce Export Control (Licences)
Regulations, I,
(a) the Minister of State for Primary Industry,
(a) a person authorized by the Minister of State for Primary Industry to
grant licences under those Regulations,
upon the recommendation of the Australian Dairy Produce Board, hereby grant
to
of a
licence
to export from the Commonwealth to
,
subject to those Regulations, during the period commencing on , 19
,
and ending on , 19 .
Dated this
day of , 19 .
(a) Minister of State for Primary Industry.
(a) An authorized person.
(a) Strike out whichever is inapplicable.
-------
FORM B Regulation
8
COMMONWEALTH OF AUSTRALIA
Dairy Produce Export Control (Licences) Regulations
CERTIFICATE OF AUTHORITY TO EXPORT DAIRY PRODUCE
This is to certify that of , the holder of
licence
No. under the Dairy Produce Export Control (Licences)
Regulations,
is authorized by the Australian Dairy Produce Board to export before
,
19 , to each importer at named in the first column of the
following
table the dairy produce particulars of which are set out in that table
opposite
to the name of that importer:
------------------------------------------------------------------------------
--
Particulars of Dairy Produce
Importer
-----------------------------------------------
-
Quantity
Description
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
--
Dated this day of , 19 .
(a) Secretary.
(a) An authorized person.
(a) Strike out whichever is inapplicable.
-------
FORM C Regulation
12
COMMONWEALTH OF AUSTRALIA
Dairy Produce Export Control (Licences) Regulations
RETURN OF BUTTER AND CHEESE EXPORTED
To-
The Secretary,
Australian Dairy Produce Board,
In pursuance of regulation 12 of the Dairy Produce Export (Licences)
Regulations, I, of , the holder of Licence
No.
under those Regulations, hereby furnish the following particulars of
the
butter and cheese exported by me during the month of , 19 :
------------------------------------------------------------------------------
-- Date
of Weight in Pounds
Shipment
---------------------------------------
Port of Australian Butter Cheese
Shipment Dairy
-----------------------------------------
Name of Produce< Cheddar
Vessel Board< Processed
Destination Permit Ghee
Fancy
Number Bulk and
or Tinned Butter Pats
Concentrate
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
--
Total Exports (in pounds) . . . . . .
.
--------------------------------------------
I declare that the particulars shown in this return are true and correct in
every particular.
Dated this day of , 19 .
(Signature of
Licensee.)
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