Butter Agreement Act 1920

Overview

The Butter Agreement Act 1920 was enacted to facilitate the exportation of butter from Australia to the Imperial Government in accordance with a specific agreement for the period between August 1, 1920, and March 31, 1921. This Act was passed by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, and it provides the legal framework for the export agreement, ensuring that the butter produced within the specified period is managed and exported in a controlled manner. The primary objective of this legislation is to support the execution of the butter export agreement by enabling the prohibition of butter exports unless certain conditions are met, thereby ensuring compliance and assisting in the effective implementation of the agreement. The Act authorises the Governor-General to issue proclamations prohibiting the export of butter unless it is authorised by the Commonwealth Dairy Produce Pool Committee. It also incorporates provisions from the Customs Act 1901-1916 to treat unauthorised butter exports as prohibited exports, thereby providing a legal basis for enforcement. Additionally, the Act allows the Governor-General to make regulations necessary for the effective operation of the agreement, including the establishment of the Commonwealth Dairy Produce Pool Committee and its governance structure.

Scope and Application

The Butter Agreement Act 1920 pertains specifically to the exportation of butter produced in Australia between August 1, 1920, and March 31, 1921. This Act applies to all entities and individuals involved in the production and export of butter within the designated period, ensuring that any exports of this commodity are conducted in accordance with the terms of the agreement with the Imperial Government. The Act extends to the entire Commonwealth of Australia, encompassing all states and territories under federal jurisdiction. It should be noted that the Act does not explicitly state any exclusions, exemptions, or thresholds, but it does provide the Governor-General with the authority to make regulations that are not inconsistent with the Act, allowing for certain flexibility in implementation. The application and enforcement of the Act can be extended or modified through subordinate instruments, such as the regulations that may be issued by the Governor-General to establish the constitution and powers of the Commonwealth Dairy Produce Pool Committee, as well as the method of election or appointment and tenure of its members.

Key Provisions

The Butter Agreement Act 1920 (hereafter referred to as the Act) establishes a framework for the export of butter from Australia during a specified period. Under section 2, the Governor-General is empowered to prohibit the export of butter produced in Australia between 1 August 1920 and 31 March 1921 unless certain conditions are met. These conditions require that the butter is exported by or with the consent of the Commonwealth Dairy Produce Pool Committee, which is established under regulations made in accordance with the Act. This committee plays a crucial role in ensuring that exports comply with the terms of the agreement. Section 3 of the Act provides that any butter exported in contravention of a prohibition order is to be considered a prohibited export, subjecting it to the provisions of the Customs Act 1901-1916. The Act imposes specific obligations on parties involved in the export of butter. Firstly, the Governor-General's authority to issue prohibitions under section 2 ensures that only butter complying with the terms of the agreement can be exported. This requires exporters to seek approval from the Commonwealth Dairy Produce Pool Committee, which is tasked with overseeing compliance. Section 4 of the Act authorises the Governor-General to make regulations necessary for implementing the Act, including the constitution and powers of the committee, as well as the method for appointing or electing its members. This regulatory framework is essential for the effective enforcement of the Act. Failure to comply with the Act's provisions can lead to significant consequences. Under section 3, any butter exported in contravention of a prohibition order is treated as a prohibited export under the Customs Act 1901-1916. This means that the penalties and legal actions applicable to prohibited exports under the Customs Act would also apply to the offending butter. Although the Act does not specify the exact penalties, the Customs Act provides for potential fines and other penalties for breaches related to prohibited exports. Additionally, any other breaches of the Act or its regulations could result in further civil or criminal liabilities as determined by applicable laws.