Commerce (Export Dairy Produce) Regulations (Amendment)

Overview

The Statutory Rules 1936 No. 66, enacted on 13 May 1936, were made under the authority of the Customs Act 1901-1935 and the Commerce (Trade Descriptions) Act 1905-1933. These regulations were designed to address the need for amendments to the Commerce (Export Dairy Produce) Regulations to include new definitions and grade standards for whey butter. The enacting body was the Governor-General in Council, acting on the advice of the relevant ministers. The policy objective was to ensure consistency and clarity in the classification and quality standards for dairy products, particularly in the context of export, by incorporating whey butter into the regulatory framework alongside other types of butter. This was achieved through the insertion of new definitions and standards to reflect the evolving nature of dairy production and trade practices at the time.

Scope and Application

The Statutory Rules 1936 No. 66, made under the Customs Act 1901-1935 and the Commerce (Trade Descriptions) Act 1905-1933, pertain to the regulation of export dairy produce, specifically focusing on amendments to the Commerce (Export Dairy Produce) Regulations. These regulations apply to entities involved in the export of dairy products, particularly those engaged in the manufacture and export of butter, including whey butter. The regulations establish definitions for terms such as "whey" and "whey butter" and set grade standards for whey butter to be exported. These standards dictate the quality and purity points required for whey butter to be classified as first grade, second grade, or cooking grade. The amendments to the regulations extend to the addition of whey butter definitions and grade standards, thereby providing a comprehensive framework for the export of whey butter from Australia. The geographic scope of these regulations is national, impacting all exporters of dairy products within the Commonwealth of Australia. The regulations do not explicitly mention any exclusions or thresholds, but the application is primarily confined to the export sector of dairy produce. Subordinate instruments may further detail or extend the application of these regulations, ensuring compliance and quality control in the export of dairy products.

Key Provisions

The key provisions of these Regulations, which amend the Commerce (Export Dairy Produce) Regulations, pertain to definitions and grade standards for whey butter (Regulations 2, 3, and 43a). Regulation 2 updates the definitions of "Creamery butter" and "Dairy butter" to include "whey butter," and it defines "Whey" and "Whey butter." Regulation 3 modifies Regulation 18 to include "whey butter" alongside "milled butter" in various sub-paragraphs and paragraphs. Regulation 43a introduces new grade standards for whey butter, specifying First grade, Second grade, and Cooking grade based on scoring between 80 and 91 points. These Regulations impose obligations on parties involved in the export of dairy products, specifically whey butter. Entities must adhere to the updated definitions and grade standards set forth in these Regulations. This includes ensuring that whey butter is correctly identified and graded before it is submitted for export, in compliance with the standards outlined in Regulation 43a. Breach of these Regulations may lead to various consequences. For instance, exporting whey butter that does not meet the specified grade standards could result in penalties. Although the exact penalties are not detailed in the provided text, under the parent acts—the Customs Act 1901-1935 and the Commerce (Trade Descriptions) Act 1905-1933—offenders may face fines or other civil or criminal penalties as prescribed by law. The severity of these penalties could depend on the nature and extent of the breach.