Commerce (Export Dairy Produce) Regulations (Amendment)

Overview

The Statutory Rules 1923 No. 112, titled "Regulations under the Commerce (Trade Descriptions) Act 1905," was enacted to further regulate the exportation of dairy products and ensure that the trade descriptions accurately reflect the quality and condition of these goods. The problem this legislation addressed was the need for more stringent controls on the exportation of dairy produce, particularly to ensure that the quality standards and descriptions were transparent and consistent across different markets. This regulation was made under the authority of the Governor-General in Council, acting on the advice of the Minister of State for Trade and Customs, Austin Chapman. The policy objective of these regulations is to maintain the integrity of Australian dairy products in international markets by enforcing specific quality standards and clear labelling requirements for exports. The regulations specifically target the exportation of goods that do not meet certain quality standards, prohibiting their export unless they are accurately described as inferior, unsound, or below standard, thereby protecting consumer interests and maintaining the reputation of Australian dairy products abroad.

Scope and Application

The Regulations under the Commerce (Trade Descriptions) Act 1905, specifically amending the Commerce (Export Dairy Produce) Regulations 1921, apply to goods classified under regulation 6, which are primarily dairy products such as butter, cheese, and margarine, intended for export. These regulations govern the trade descriptions applied to these goods when exported, ensuring that consumers in the importing countries are fully informed about the quality and standards of the dairy products they receive. The regulations do not apply to condensed milk and butter that meet specific standards and are exported to certain countries, as outlined in the exceptions to regulation 9. The regulations are applicable throughout the Commonwealth of Australia and extend to the classification and fee structure for exported dairy products as outlined in the amendments to regulation 43 and the First Schedule. The scope of these regulations is further defined by the specified fees for different quantities and conditions of dairy products, ensuring that the trade descriptions and quality standards are adhered to for all exported dairy goods.

Key Provisions

The legislative instrument, Statutory Rules 1923 No. 112, amends the Commerce (Export Dairy Produce) Regulations 1921, under the Commerce (Trade Descriptions) Act 1905. The primary changes (1) mandate that goods that are in an inferior, unsound, or abnormal condition, or which do not meet the standards set forth in the First Schedule, cannot be exported unless the trade description clearly indicates the deficiency (regulation 9). These goods must include specific words such as 'Inferior', 'Unsound', or 'Below Standard', and, in cases where goods do not comply with the standards, the trade description must detail the non-compliance. (2) The fees for butter, cheese, and cheese in tins are also amended (regulation 43). For instance, the fee for butter per box is now set at 1½d, while for cheese, the fee per crate is 1½d for crates containing 160 lbs or under, with additional charges for excess weight or when four cheeses are packed in one crate. (3) Furthermore, the First Schedule is amended to include a new standard for margarine, specifying that it must contain not more than 0.5 parts per cent of Boric Acid (regulation 3). These regulations impose several obligations on parties exporting dairy products. Exporters must ensure that their products meet the specified standards or accurately describe any deficiencies. This includes providing clear and detailed trade descriptions for non-compliant goods. Additionally, they must adhere to the newly set fees for butter, cheese, and cheese in tins, which vary based on the quantity and specific packing conditions. Compliance with these standards and fee structures is crucial to avoid any legal repercussions. The regulations do not explicitly outline specific offences or penalties for non-compliance within the text provided. However, under the broader framework of the Commerce (Trade Descriptions) Act 1905, breaches of trade descriptions and export regulations can result in both civil and criminal consequences. Civil penalties might include fines, while criminal penalties could potentially involve imprisonment, depending on the severity and intent behind the non-compliance. The exact penalties would be determined by the courts, taking into account the specific circumstances of each case.