Commerce (Export Dairy Produce) Regulations 1921 (Amendment)

Overview

The Statutory Rules 1926, No. 29, are Regulations made under the Commerce (Trade Descriptions) Act 1905. Enacted by the Governor-General in Council, these Regulations aim to refine the standards for the transportation of export dairy products, particularly butter, ensuring it is not contaminated or heated during transit. This legislative instrument responds to a gap in the existing Commerce (Export Dairy Produce) Regulations 1921, which previously did not explicitly address the means of transportation and the sanitary conditions required for exported butter. The policy objective is to uphold the quality and integrity of Australian dairy exports by imposing stringent transportation requirements.

Scope and Application

The Regulations under the Commerce (Trade Descriptions) Act 1905, as made by the Governor-General in 1926, pertain specifically to the export of dairy produce, amending the Commerce (Export Dairy Produce) Regulations 1921. These regulations apply to all butter (excluding tinned butter) intended for export, which is transported from a cool store to a ship's side by any means other than insulated railway trucks. The regulations ensure that the transportation vehicles used are constructed to prevent contamination and temperature increase of the butter during transit and must be maintained in a clean and sanitary condition. The design, construction, and equipment of these vehicles require approval from the Comptroller-General before they can be used for such purposes. This legislative instrument thus applies to entities and persons involved in the export of dairy products, ensuring compliance with sanitary and contamination prevention standards to maintain the quality and safety of the products. The regulations extend across the Commonwealth of Australia, with no exclusions or exemptions explicitly stated in the provided text.

Key Provisions

The primary operative sections of these regulations, made under the Commerce (Trade Descriptions) Act 1905, concern the transportation of butter intended for export. Specifically, section 20 has been amended to include new sub-regulations 20(2) and 20(3) (1). These sub-regulations require that butter, excluding tinned butter, must be transported in vehicles that prevent contamination and temperature increase during transit to the ship's side. The vehicles must be clean and sanitary, and their design, construction, and equipment must be approved by the Comptroller-General before use. These regulations impose several obligations on the parties involved in the export of butter. Firstly, they mandate that any butter intended for export must be transported in vehicles that meet the specified sanitary and temperature control requirements. This means that the vehicles must be constructed to prevent contamination and ensure that the butter does not overheat during transit. Secondly, the regulations require that these vehicles be approved by the Comptroller-General, who must ensure that the vehicles are suitable for the intended purpose. This involves checking the design, construction, and equipment of the vehicles to ensure they meet the necessary standards. Failure to comply with these regulations can lead to significant consequences. Although the specific offences and penalties are not detailed in the provided text, under the broader framework of the Commerce (Trade Descriptions) Act 1905, breaches of trade description regulations can result in substantial fines and other civil or criminal penalties. The exact penalties would depend on the severity and nature of the breach, but they can include fines up to a maximum amount prescribed by law. Additionally, ongoing non-compliance or repeated breaches could lead to more severe consequences, including potential legal action against the parties involved.