Exports (Dairy Produce) Regulations (Amendment) (Cth)

STATUTORY RULES.

1939. No. 10.

 

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 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 dairy produce, except subject to the conditions and restrictions prescribed by the Exports (Dairy Produce) Regulations, as amended by the following Regulations, would be harmful to the Commonwealth:

Now therefore I, the Governor-General of 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 twenty second day of February, 1939.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Commerce and the Minister of State for Trade and Customs.

 

Amendments of the Exports (Dairy Produce) Regulations. 

Definitions.

1. Regulation 5 of the Exports (Dairy Produce) Regulations is amended by inserting after the definition of “butter fat” the following definition:—

“ ‘cheese’ means the substance obtained by coagulating milk with rennet or acid and subsequently compacting and ripening it;”

 

* Notified in the Commonwealth Gazette on, 1939.

  Statutory Rules 1938, No. 56, as amended by Statutory Rules 1938, No 108.

21.—8/10.2.1939.—Price 3d.

Trade description.

2. Regulation 12 of the Exports (Dairy Produce) Regulations is amended by omitting paragraph (d) and inserting in its stead the following paragraph:—

“(d) It 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 name or brand to be included in the trade description in lieu of the registered brand of the manufacturer, producer or exporter, in which case the registered number of the export establishment in which the goods were prepared or manufactured shall be indelibly marked on the immediate container:

Provided further that, where the manufacturer or producer is not the exporter, the trade description shall include the name or registered brand of the manufacturer or producer unless the exporter sets forth in the notice of intention to export the name and address of the manufacturer or producer.”.

Export permits, certificates, &c.

3. Regulation 20 of the Exports (Dairy Produce) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Where any dairy produce intended for export has been inspected and examined and—

(a) the dairy produce is marked in the prescribed manner with the prescribed trade description; and

(b) the conditions and restrictions applicable under these Regulations in respect of the dairy produce have been complied with,

an officer—

(c) shall issue to the exporter an export permit in accordance with Form 8;

(d) in the case of butter and cheese graded at 93 points or over shall mark the coverings or labels of the dairy produce with the Commonwealth Standardization Trade Mark;

(e) in the case of butter and cheese graded at 92 points or under, eggs in shell, egg pulp and margarine—shall mark the coverings or labels of the dairy produce with the Approved for Export Stamp; and

(f) shall, if the exporter so requires, issue to the exporter a certificate in accordance with whichever of Forms 9 to 18 (inclusive) is applicable in the circumstances, and, in the case of butter, cheese, eggs in shell, egg pulp and margarine, mark the coverings or labels of the dairy produce with the number of the certificate.”.

 

Second Schedule, item 1.

4. Item 1 in the Second Schedule to the Exports (Dairy Produce) Regulations is amended by omitting paragraph 1 (in the second column) and inserting in its stead the following paragraph:—

“1. Butter shall contain—

(a) not less than 82 parts per centum of butter fat, or, where the butter is intended for export to a country in which the butter fat standard is less than 82 parts per centum, not less than 80 parts per centum of butter fat; and

(b) not more than—

(i) 16 parts per centum of water;

(ii) 2 parts per centum of casein; and

(iii) 2.5 parts per centum of salt, or, where the butter is intended for export to a country in which the salt standard is more than 2.5 parts per centum and the approval of the Secretary has first been obtained, not more than 4 parts per centum of salt”

Second Schedule, item 2.

5. Item 2 in the Second Schedule to the Exports (Dairy Produce) Regulations is amended by adding after paragraph 1 (in the second column) the following paragraph:—

“2. It shall not contain any substance foreign to milk”

Second Schedule, item 13.

6. Item 13 in the Second Schedule to the Exports (Dairy Produce) Regulations is amended by omitting paragraph 10 (in the second column) and inserting in its stead the following paragraph:—

“10. Dried Whey Powder shall contain not more than 7parts per centum of moisture and not less than 68 parts per centum of lactose. It shall not contain any substance foreign to milk”.

Fifth Schedule, Forms 3, 4 and 5.

7. Forms 3, 4 and 5 in the Fifth Schedule to the Exports (Dairy Produce) Regulations are amended by omitting the Certificate of Inspecting Officer.

Fifth Schedule, Form 7.

8. Form 7 in the Fifth Schedule to the Exports (Dairy Produce) Regulations is amended by omitting the figures “13¼” and inserting in their stead the figures “13½”.

 

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