Dairy Produce (Inter-state Trade) Regulations (Cth)

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STATUTORY RULES.

1934. No. 50.

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REGULATIONS UNDER THE DAIRY PRODUCE ACT 1933.

I, THE GOVERNOR-GENERAL, in and over the Commonwealth of Australian acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Dairy Produce Act 1933.

Dated this second day of May, 1934.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

FRED H. STEWART

Minister of State for Commerce.

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Dairy Produce (Inter-State Trade) Regulations.

Citation.

1.These Regulations may be cited as the Dairy Produce (Inter-state Trade) Regulations.

Definitions.

2.—(1.) In these Regulations, unless the contrary intention appears—

“carrier’s licence” means a licence issued under regulation 8;
“licence” means a carrier’s licence, or an owner’s licence, as the case may be;
“licensee” means a person to whom a carrier’s licence, or an owner’s license, as the case may be, has been issued;
“owner” means any person who owns, or has in his possession or custody, any dairy produce intended for delivery to any person for carriage, into or through another State to a place in Australia beyond the State in which the delivery is made;
“owner’s licence” means a licence issued under regulation 6;
“prescribed authority” means an authority prescribed by regulation 4;
“security” means a security given for compliance with the terms and conditions of a licence;
“the Act” means the Dairy Produce Act 1933;
“the Minister” means the Minister of State for Commerce.

(2.) In these Regulations, unless the contrary intention appears, any reference to a Form shall be read as a reference to a Form contained in the Schedule to these Regulations, and any reference to a regulation shall be read as a reference to a regulation contained in these Regulations.

Processed cheese.

3.The following processes shall be further prescribed processes of manufacture for the purposes of the definition of “processed cheese” contained in section 4 of the Act, namely, the processes of comminution, pasteurisation, and re-emulsification.

1243.—Price 8d.

Prescribed authorities.

4. The following authorities shall be prescribed authorities for the purposes of sections 5 and 6 of the Act:—The New South Wales Dairy Products Board constituted under the Dairy Products Act, 1933 of the State of New South Wales, the Victorian Dairy Products Board constituted under the Dairy Products Act 1933 of the State of Victoria, The Dairy Products Stabilisation Board constituted under The Dairy Products Stabilisation Act of 1933 of the State of Queensland, the Commonwealth Butter Grader at Adelaide in the State of South Australia, the Commonwealth. Deputy Director of Navigation and Lighthouses for the State ofWestern Australia, and the Tasmanian Dairy Products Board constituted under The Dairy Products Act, 1933 of the State of Tasmania.

Application for owner’s licence.

5. An application by an owner for a licence permitting him todeliver dairy produce for carriage from a place in one State into or through another State to a place in Australia beyond the first-mentioned State—

(a) shall be in accordance with Form A;
(b)shall be made to the prescribed authority in the State beyond which the dairy produce is to be carried; and
(c) shall be supported bysuch information as that prescribed authority requires.

Owner’s licence.

6. An owner’s licence shall be in accordance with Form B, and shall be issued—

(a)for the period commencing with the date on which the licence is issued and ending on the thirty-first day of December of the year in which the licence is issued, and
(b) upon the following terms and conditions—
(i) That the licensee shall, within ten days after the end of each calendar month, furnish to the prescribed authority which issued his licence a return in accordance with Form C, together with a carrier’s certificate in accordance with Form D in respect of each consignment of dairy produce delivered by the licensee to a carrier for carriage from a place in one State into or through another State to a place in Australia beyond the first-mentioned State.
(ii) That the licensee shall export from Australia during such periods as a prescribed authority specifies such percentage of the dairy produce produced in Australia during any specified period which comes into the possession or custody of the licensee, as is from time to time fixed by the Minister, upon the report of a prescribed authority, and notified in the Gazette;
Provided that, in the calculation of the percentage of dairy produce to be exported by the licensee, there shall be excepted from the dairy produce coming into the possession or Custody of the licensee any dairy produce which has been taken into account in applying the percentage in respect of any other licensee.

(iii) That the licensee shall, whenever so required by a prescribed authority, give to that authority, within such time as that authority fixes, security for compliance by the licensee with the terms and conditions of his licence.
(iv) That whenever the Minister is not satisfied either as to the sufficiency of the amount of, or otherwise as to, any security, the prescribed Authority may require the licence to give a fresh security and the licensee shall give a fresh security accordingly.
(v) That the licensee shall number consecutively each consignment of dairy produce intended for delivery to any person for carriage into or through another State to a place in Australia beyond the State in which the delivery is made, and shall mark in letters and figures not less than half an inch in height in a prominent position on one end of each package containing any such dairy produce—
(a) the number of the consignment;
(b) the initial letter of the name, or of the first word in the name, of the State in which the delivery is made; and
(c) the number of his licence and the year on; the last day of which the licence expires.
(vi) That the licensee shall, if so required by a prescribed authority, furnish or produce to that authority, within such period as that authority fixes, his licence, and such documents relating to any dairy produce in his possession or custody as that authority specifies.

Application for carrier’s licence.

7. An application by a person for a licence permitting him to carry dairy produce from a place in one State into or through another State to a place in Australia beyond the State in which the carriage begins—

(a) shall be in accordance with Form E;
(b)shall be made to the prescribed authority in the State in which it is intended that the carriage shall begin;
(c) shall be supported by such information as that prescribed authority requires.

Carrier’s licence.

8. A carrier’s licence shall be in accordance with Form F and shall be issued—

(a) for the period commencing with the date on which the licence is issued and ending on the thirty-first day of December of the year in which the licence is issued; and
(b) upon the following terms and conditions:—
(i) That the licensee shall not accept from any person delivery of any dairy produce for carriage from a place in one State to a place in Australia beyond the State in which the carriage is intended to begin, unless that person is the holder of an owner’s licence
(ii) That the licensee shall, within seven days after he has accepted any consignment of dairy produce for carriage from a place in one State to a place in Australia beyond the State in which the carriage is intended to begin, furnish to the owner of that dairy produce a certificate in accordance with Form D.

Security need not be sealed.

9. Where the Minister has approved of a security in accordance with Form G, a security in accordance with that Form shall suffice for all the purposes of a bond and shall, without sealing, bind its subscribers as if it were sealed, and, unless otherwise provided therein, jointly and severally and for the full amount.

Effect of security.

10.—(1.) Whenever any security is put in suit by a prescribed authority, the production thereof shall, without further proof, entitle the prescribed authority to judgment against the defendants appearing to have executed the same for their respective stated liabilities unless the defendants prove that—

(a) the conditions of the security have been complied with;
(b) the security was not in fact executed by them;
(c)the prescribed authority has discharged the defendants from all liability under or in respect of the security;
(d)the defendants have already paid the amount of the security to the prescribed authority; or
(e) the security has been otherwise satisfied.

(2.) Any amount recovered in respect of a security shall be paid into the Consolidated Revenue Fund of the Commonwealth.

Security not subject to stamp duty.

11. A security shall not be subject to any tax in the nature of a stamp duty payable under any law of a State.

Prescribed authority may enter and inspect places where dairy produce is produced, open packages and take samples.

12. A prescribed authority, or any officer authorized by a prescribed authority in that behalf, may—

(a)enter any place where any process in connexion with the manufacture of dairy produce is carried on, or where dairy produce is or is believed by a prescribed authority to be;
(b) open any packages which the prescribed authority or officer reasonably suspects to contain dairy produce which has been, or is in process of being, carried in contravention of the Act or these Regulations; and
(c) take samples of any dairy produce referred to in this regulation.

Obstruction or hindering officers.

13. A person who obstructs or hinders a prescribed authority or officer in or from carrying out the provisions of the last preceding regulation shall be guilty of an offence.

Penalty: Fifty pounds or imprisonment for six months.

Maximum quantity of dairy produce which may be carried without licence.

14. Notwithstanding anything contained in these Regulations, a licence shall not be necessary in respect of the carriage from a place in one State to a place in Australia beyond that State, of a consignment of dairy produce which does not exceed ten pounds in weight.

Seizure of forfeited dairy produce.

15.—(1.) A prescribed authority, or a person authorized by a prescribed authority, may seize any dairy produce which is forfeited to the King in pursuance of the Act.

(2.) When any dairy produce has been seized as forfeited, the person effecting the seizure shall give notice thereof in accordance with Form H to the owner of the dairy produce, either by delivering the notice to him personally or by transmitting the notice by post as a letter addressed to the owner’s last known place of abode or business.

(3.) All dairy produce seized as forfeited shall be deemed to be condemned and may be sold forthwith by a prescribed authority. The proceeds of any such sale shall be paid into the Consolidated Revenue Fund of the Commonwealth.

Incorrect application, return or certificate.

16. Any person who makes any false or incorrect statement in any application, return, or certificate, under these Regulations, shall be guilty of an offence.

Penalty: Fifty pounds or imprisonment for six months.

Offences.

1 7.—(1.) Any person who fails to comply with, or contravenes, any of these Regulations, and any licensee who fails to comply with, or contravenes, any term or condition of a licence, shall be guilty of an offence.

Penalty: Fifty pounds or imprisonment for six months.

(2.) In any prosecution for an offence against these Regulations the averment of the prosecutor contained in the information or complaint shall be prima facie evidence of the matter or matters averred.

Strict compliance with Forms not required.

18.Strict compliance with the Forms contained in the Schedule to these Regulations shall not be required and substantial compliance shall be sufficient.

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THE SCHEDULE.

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Form A. Regulation 5.

No.

Commonwealth of Australia.

Dairy Produce Act 1933.

Dairy Produce (Inter-State Trade) Regulations.

APPLICATION FOR AN OWNER’S LICENCE TO TRADE INTER-STATE IN DAIRY PRODUCE.

(1) Here insert “The Dairy Products Board” In the case of New South Wales, Victoria and Tasmania, and “The Dairy Product Stabilisation Board” In the Case of Queensland, together with address.

The Secretary,

(1)

(2) Here insert full name and address and occupation of applicant.

*Strike out word inapplicable.

I, (2) of

hereby apply for a licence to deliver—

*Butter

*Cheese

for carriage from the State of to the State (s) of

Dated this day of 19

(Signature of applicant.)

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Form b. Regulation 6.

Licence No.

Commonwealth of Australia.

Dairy Produce Act 1933.

Dairy Produce (Inter-State Trade) Regulations.

OWNER’S LICENCE TO TRADE INTER-STATE IN DAIRY PRODUCE.

*Here insert “the Dairy Products Board” in this case of New South Wales, Victoria or Tasmania and “The Dairy Produce Stabilisation Board” in the case of Queensland.

In pursuance of the Dairy Produce Act 1933 and the Dairy Produce (Interstate Trade) Regulations,* of the State of , a prescribed authority under the Dairy Produce Act 1933, hereby grants to of an owner’s licence for the period commencing on 19 and ending on 31st December, 19 , permitting him to deliver the following dairy produce:—

for carriage from the State of to the State (s) of upon the following terms, and conditions:—
(i) That the licensee shall, within ten days after the end of each calendar month, furnish to the prescribed authority which issued his licence a return in accordance with Form C, together with a carrier’s certificate in accordance with Form D in respect of each consignment of dairy produce delivered by the licensee to a carrier for carriage from a place in one State into or through another State to a place in Australia beyond the first-mentioned State.
(ii) That the licensee shall export from Australia during such periods as a prescribed authority specifics such percentage of the dairy produce produced in Australia during any specified period which comes into the possession or custody of the licensee, as is from time to time fixed by the Minister, upon the report of a prescribed authority, and notified in the Gazette:
Provided that, in the calculation of the percentage of dairy produce to be exported by the licensee, there shall be excepted from the dairy produce coming into the possession or custody of the licensee any dairy produce which has been taken into account in applying the percentage in respect of any other licensee.
(iii) That the licensee shall, whatever so required, by a prescribed authority, give to that authority, within such time as that authority fixes, security for compliance by the licensee with the terms and conditions of his licence.
(iv) That whenever the Minister is not satisfied either as to the sufficiency of the amount of, or otherwise as to, any security, the prescribed authority may require the licensee to give a fresh security and the license shall give a fresh security accordingly.
(v) That the licensee shall number consecutively each consignment of dairy produce intended for delivery to any person for carriage into or through another State to a place in Australia beyond the State in which the delivery is made, and shall mark in letters and figures not less than half an inch in height in a prominent position on one end of each package containing any such dairy produce—
(a) the number of the consignment;
(b) the initial letter of the name, or of the first word in the name, of the State in which the delivery is made; and
(c)the number of his licence and the year on the last day of which the licence expires.
(vi) That the licensee shall, if so required by a prescribed authority, furnish or produce to that authority, within such period as that authority fixes, his licence, and such documents, relating to any dairy produce in his possession or custody as that authority specifies.

Dated this day of 19

N.B.—Section, 5 (5.) of the Dairy Produce Act 1933 reads as follows:—

“(5.) Where the Minister, on report by a prescribed authority, is satisfied that any person to whoma licence has been issued under this sectionhas contravened or failed to comply with any term or condition of the licence, the Minister may cancel the licence, and the licence shall thereupon cease to be of any force or effect”.

Regulation 17 (1.) of the Dairy Produce (Inter-State Trade) Regulations reads as follows:—

“17.—(1.) Any person who fails to comply with, or contravenes, any of these Regulations, and any licensee who fails to comply with or contravenes, any term or condition of a licence, shall be guilty of an offence.

Penalty: Fifty pounds or imprisonment for six months.”.

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Form C. Regulation 6.

Commonwealth of Australia.

Dairy Produce Act 1933.

Dairy Produce (inter-state Trade) Regulations.

INTER-STATE TRADE IN DAIRY PRODUCE.

Note.—This return is to be furnished by the owner-licensee to the prescribed Authority (Dairy Products Board or Dairy Products Stabilisation Board, as the case may be) in the State from when the dairy produce is delivered for carriage inter-State within ten days after the end of each, calendar month.

(1) Here insert “The Dairy Products Board” in the case of New South Wales, Victoria, or Tasmania, and “The Dairy Products Stabilisation Board” in the case of Queensland.

The Secretary,

(1)

(2) Here insert full name and address of licensee.

*Strike out word which is inapplicable.

I, (2) of

being the holder of owner’s licence No. granted for the period commencing on 19, and ending on 31st December, 19 , permitting me to deliver *butter/*cheesefor carriage from the State of to the State (s) of , do hereby furnish, in pursuance of the terms and conditions of the licence, the following return for the month of , 19 in respect of—

(a) dairy produce held in stock by me on the first day of the month in respect of which this return is made;
(b) dairy produce manufactured by me or received by me from manufacturers, agents, or other persons;
(c) dairy produce delivered by me for carriage inter-State;
(d) dairy produce sold by me within the State;
(e) dairy produce shipped overseas by me and
(f) dairy produce held in stock by me on the 1st day of the month in respect of which this return is made.

(a) Dairy Produce Held in Stock by owner-Licensee on the First Day of the Month in Respect of which this Return is Made.

Kind of Dairy Produce.	Month of Manufacture.	Total Quantity held in Stock.	Address at which Stored.
Butter..........................	lbs.
Total..................
Cheese.........................	lbs.
Total..................

(b) Dairy Produce Manufactured by Owner-Licensee or Received by Owner-Licensee From Manufacturers, Agents, or Other Persons.

Name and address of each manufacturer, agent, or other person from whom dairy produce received.	Month of Manufacture.		Total quantity manufactured, or received from each manufacturer, agent, or other person.
	Butter.	Cheese.	Butter.	Cheese.
1bs.	lbs.
Totals as per last return.....................
Totals.................

(c)Dairy Produce Delivered by Owner-Licensee for Carriage Inter-State.

Month of Manufacture.		Total quantity delivered for carriage Inter-State.		State to which consigned.
Butter.	Cheese.	Butter.	Cheese.
lbs.	1bs.
Totals as per last return............
Totals................

(d)Dairy Produce Sold by Owner-Licensee within the State.

Month of Manufacture.		Total quantity of Dally Produce sold within the State.
Butter.	Cheese.	Butter.	Cheese.
lbs.	lbs.
Totals as per last return............
Totals................

(e) Dairy Produce Shipped Overseas by Owner-Licensee.

Country of Destination.	Name of each Vessel.	Date of Sailing.	Month of Manufacture.		Quantity shipped overseas by each Vessel.
			Butter.	Cheese.	Butter.	Cheese.
lbs.	lbs.
Totals as per last return............

Totals................

(f) Dairy Produce Held in Stock by Owner-Licensee on the Last Day of the Month in Respect of which this Return is Made.

Kind of Dairy Produce.	Month of Manufacture.	Total Quantity held in stock.	Address at which stored.
Butter..........................	lbs.
Total..................
Cheese.........................	lbs.
Total..................

I, hereby declare that the particulars shown in this return are true and correct in every detail.

Dated this day of 19 .

Signature
Holder of Licence No.

N.B.—Regulation 16 of the Dairy Produce (Inter-State Trade) Regulations reads as follows:—

“16. Any person who makes any false or incorrect statement in anyapplication, return, or certificate, under these Regulations, shall be guilty of an offence.

Penalty: Fifty pounds or imprisonment for six months.”.

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Form D. Regulation 6.

Certificate No..

commonwealth of Australia.

Dairy Produce Act 1933.

Dairy Produce (Inter-State Trade) Regulations.

CARRIER’S CERTIFICATE.

————

Note—This Certificate is to be furnished by thecarrier-licensee to the owner-licensee within seven days after the carrier-licensee has accepted fromthe owner-licensee delivery of any consignment of dairy produce for carriage inter-state.

________

*Strike out word which is inapplicable.

Here insert nameand address of owner-licensee.

I, of being the holder of carrier’s licence No. issued for the period commencing on 19 , and ending on 31st December, 19 , to carry *butter/*cheese from the State of to a place or places in Australia beyond that State do hereby furnish the following particulars with respect to *butter/*cheese accepted by me from of the holder of owner’s licence No. issued for the period commencing on 19 , and ending on 31st December, 19 , for carriage from the State of , to the State(s) of

Name and address of each Consignee.	Quantity accepted by the carrier-licensee for carriage to each consignee.
Name and address of each Consignee.	Butter.	Cheese.
lbs.	lbs.
Totals......................................

I hereby declare that the particulars shown in this certificate are true and correct in every detail.

Dated this day of 19 .

(Signature of carrier-licensee.)

N.B.—Regulation 16 of the Dairy Produce (Inter-State Trade) Regulations reads as follows:—

“16. Any person who makes any false or incorrect statement in any application, return, or certificate, under these Regulations shall be guilty of an offence.

Penalty. Fifty pounds or imprisonment six months.”.

Form E. Regulation 7.

No.

Commonwealth of Australia.

Dairy Produce Act 1933.

Dairy Produce (Infer-State Trade) Regulations.

APPLICATION FOR CARRIER’S LICENCE TO CARRY DAIRY PRODUCE INTER-STATE.

The Secretary,

(1)

(1) Here insert “The Dairy Products Board” in the case of New

South Water, Victoria or Tasmania, and “The Dairy Products Stabilisation Board” in the case of Queensland, togetherwith address.

I, (2) of hereby apply for a licence to carry the following dairy produce:—

*Butter

*Cheese

from the State of to a place or places in Australia beyond that State, and declare that I am a bona fide carrier of dairy produce.

(2) Here insert full name and address of applicant.

*Strike out word inapplicable.

Dated this day of 19 .

(Signature of applicant.)

N.B.—Regulation, 16 of the Dairy Produce (Inter-State Trade) Regulations reads as follows:—

“16. Any person who makes any false or incorrect statement in any application, return, or certificate, under these Regulations shall be guilty of an offence.

Penalty: Fifty pounds or imprisonment for six months.”.

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Form F. Regulation 8.

Licence No.

Commonwealth of Australia.

Dairy Produce Act 1933.

Dairy Produce (Inter-State Trade) Regulations.

CARRIER’S LICENCE TO CARRY DAIRY PRODUCE INTER-STATE.

In pursuance of the Dairy Produce Act 1933and the Dairy Produce (Inter-State Trade) Regulations,* of the State of a prescribed authority under the Dairy Produce Act 1933, hereby grants to of a Carrier’s-Licence for the period commencing on 19 , and ending on 31st December, 19 , permitting him to carry the following dairy produce:—

from the State of toa place in Australia beyond that State upon the following terms and conditions:—

* Here insert “the Dairy Products Board” in the case of New South Wales, Victoria or Tasmania, and “The Dairy Products Stabilisation Board” in the case of Queensland.

(i) That the licensee shall not accept from any person delivery of any dairy produce for carriage from a place in one State to a place in Australia beyond the State in which the carriage is intended to begin unless that person is the holder of an owner’s licence.

(ii) That the licensee shall, within seven days after he has accepted any consignment of dairy produce for carriage from a place in one State to a place in Australia beyond the State in which the carriage is intended to begin, furnish to the owner of that dairy produce a certificate in accordance with Form D.

Dated this day of 19 .

N.B.—Section 5 (5.) of the Dairy Produce Act 1933 is as follows:—

“(5.) Where the Minister, on report by a prescribed authority, is satisfied that any person to whom alicence has been issued under this section has contravened or failed to comply with any team or condition of the licence, the Minister may cancel the licence, and the licence shall thereupon cease to be of any force or effect.”.

Regulation 17 (1.) of the Dairy Produce (Inter-State Trade) Regulations reads as follows:—

“17.—(1.) Any person who fails to comply with, or contravenes, any of these Regulations, and any licensee who fails to comply with, or contravenes, any term or condition of a licence, shall be guilty of an offence.

Penalty: Fifty pounds or imprisonment for six months.”.

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Form G. Regulation 9.

Commonwealth of Australia.

Dairy Produce Act 1933.

Dairy Produce (Inter-State Trade) Regulations.

SECURITY TO PRESCRIBED AUTHORITY.

*Here insert “the dairy Products Board” in the case of New South Wales, Victoria, or Tasmania, and “The Dairy Products Stabilisation Board” in the case of Queensland.

BY THIS SECURITY the subscriber is/subscribers are, pursuant to the Dairy Produce Act 1933 and the Regulations thereunder, bound to* of the State of , a prescribed authority under the said Act and Regulations, in, the sum of pounds

(£. : : ) subject only to this condition that if—

(1) all the dairy produce in respect of which Owner’s Licence No. has been issued by the said Board to of , for the period commencing on 19 , and ending on 31st December, 19 , permitting him to deliver dairy produce for carriage from the State of to the State(s) of is duly dealt with in accordance in all respects with the said licence and with the said Act and Regulations and any amendment thereof; and

(2) all the terms and conditions of the said licence are in all respects duly complied with,

then this security shall be discharged:

Dated at the day of One thousand nine hundred and

Names, addresses and occupations of subscribers.

Signatures of Subscribers.

Signatures and addresses of witnesses.

Note.—If liability is not intended to be joint and several and for the full amount, here state what is intended, as, for example, thus:—“The liability of the subscribers is joint only”, or “The liability of [mentioning subscriber] is limited to [here state amount of limit of liability or mode of ascertaining limit].”

In the case of a security by a bank, or other approved body or person, here insert name, &c., of such body or person.

Form. H. Regulation 15.

Commonwealth of Australia.

Dairy Produce Act 1933.

Dairy Produce (Inter-State Trade) Regulations.

NOTICE OF SEIZURE.

State of

To (a)

TAKE NOTICE that I (b) have this day seized as forfeited to His Majesty the King the undermentioned dairy produce which has been, or was in process of being, carried in contravention of the DairyProduce Act 1933.

(a) Here insert name of owner.

(b) Here insert name of person effecting seizure.

Dated at this day of 19 .

(Prescribed authority or authorized person.)

Note.—Regulation 15 of the Dairy Produce (Inter-State Trade) Regulations is as follows:—

“15.—(1.) A prescribed authority, or a person authorized by a prescribed authority; may seize any dairy produce which is forfeited to the King in pursuance of the Act

(2.) When any dairy produce been seized as forfeited, the person effecting the seizure shall give notice thereof in accordance with Form H to the owner of the dairy produce, either by delivering the notice to him personally or by transmitting the notice by post as a letter addressed to the owner’s last known place of abode or business.

(3.) All dairy produce seized as forfeited shall be deemed to be condemned and may be sold forthwith by a prescribed authority. The proceeds of any such sale shall be paid into the Consolidated Revenue Fund of the Commonwealth.”.

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By Authority: L. F. Johnston, Commonwealth Government Printer; Canberra.

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Dairy Produce (Inter-state Trade) Regulations (Cth)

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