Commerce (Export Dairy Produce) Regulations 1921 (Amendment)

Overview

The Statutory Rules 1926, No. 82, made under the Commerce (Trade Descriptions) Act 1905, aim to amend the Commerce (Export Dairy Produce) Regulations 1921, specifically targeting the temperature requirements for butter intended for export. This legislative instrument was introduced to address the need for maintaining the quality and integrity of dairy products exported from Australia, ensuring that they meet international standards. The regulation was enacted by the Governor-General in Council, providing a clear directive to maintain the temperature of butter at 25 degrees Fahrenheit or below when it is removed from a cool store for export purposes. This regulation serves to uphold the policy objective of ensuring that Australian dairy products are of a high standard when they reach overseas markets, thereby protecting the reputation of Australian exporters and supporting the agricultural sector.

Scope and Application

The Regulations under the Commerce (Trade Descriptions) Act 1905 govern the trade descriptions of goods, particularly focusing on the export of dairy produce. These regulations apply to entities involved in the exportation of butter, ensuring that the temperature of the butter does not exceed 25 degrees Fahrenheit at the time of removal from a cool store. The geographic scope of these regulations is national, extending to the entire Commonwealth of Australia. The amendment to Regulation 20, specifically sub-regulation (1.a), seeks to ensure the quality and safety standards of exported butter by regulating its temperature. There are no explicit exclusions or exemptions mentioned in the text, implying that the regulations apply broadly to all entities involved in the export of butter within the Commonwealth. Additionally, the application of these regulations may be further extended or detailed through subordinate instruments, although such extensions are not specified in the text provided.

Key Provisions

The primary operative sections of this legislative instrument pertain to the amendment of the Commerce (Export Dairy Produce) Regulations 1921, specifically Regulation 20, which is augmented with a new sub-regulation (1.a). This addition stipulates that butter intended for exportation must not be removed from a cool store unless the temperature of such butter at the time of removal does not exceed 25 degrees Fahrenheit. This requirement ensures that the quality and safety standards of the dairy produce are maintained during the export process. The Act imposes specific obligations on the parties or entities it governs. Producers, exporters, and any other entities involved in the handling of butter for export must ensure that the butter is kept at a temperature not exceeding 25 degrees Fahrenheit when it is removed from the cool store. This obligation is crucial to maintaining the integrity and quality of the butter, ensuring that it meets the standards required for international trade. Compliance with this regulation is necessary to prevent potential health risks associated with improperly stored dairy products. Failure to adhere to the stipulations of this regulation can result in serious consequences. Although the specific offences, penalties, or consequences are not detailed in the provided text, it can be inferred that breaches of such regulations could lead to legal actions under the Commerce (Trade Descriptions) Act 1905. Typically, violations of trade descriptions and quality standards in Australia can attract penalties that may include fines, confiscation of the non-compliant products, and potential criminal charges depending on the severity and intent of the breach. These penalties serve as deterrents to ensure compliance and uphold the integrity of the export trade.