Commerce (Export Dairy Produce) Regulations (Amendment)

Overview

The Statutory Rules of 1938, No. 19, promulgated under the authority of the Commerce (Trade Descriptions) Act 1905-1933 and the Customs Act 1901-1936, were introduced to address specific regulatory gaps in the notification and declaration processes for the export of dairy produce. Enacted by the Governor-General in Council, these regulations were aimed at enhancing compliance and ensuring accuracy in the export documentation of dairy products. The objective was to streamline and formalise the export process by requiring exporters to furnish written notices and declarations to the Department of Commerce, while also addressing the issue of false declarations by imposing penalties for misleading statements. These measures were intended to uphold the integrity of trade practices and facilitate better regulatory oversight in the export industry.

Scope and Application

The Statutory Rules 1938 No. 19, Regulations under the Commerce (Trade Descriptions) Act 1905-1933 and the Customs Act 1901-1936, pertain specifically to the export of dairy produce from Australia. These regulations apply to any person or entity involved in the export of dairy products, requiring them to furnish a written notice and declaration to the Department of Commerce after the goods have been delivered to an appointed place. The amendment to Regulation 32 replaces the previous requirement for written notice with a more formal process of providing a notice and declaration to the Department, which must be in writing. Additionally, the regulations mandate that no false or misleading statements can be made in any declaration submitted in compliance with these regulations, with a penalty of fifty pounds for any violations. Regulation 33 is repealed, and a new regulation, 65, introduces the prohibition on making false declarations, establishing a prima facie evidence mechanism through a certificate from the Secretary or Assistant Secretary of the Department of Commerce. These regulations, enacted at the Commonwealth level, set stringent standards and formal processes for the export of dairy products, ensuring compliance and integrity in trade descriptions.

Key Provisions

The Statutory Rules, specifically Rule 1938 No. 19, establish regulations under the Commerce (Trade Descriptions) Act 1905-1933 and the Customs Act 1901-1936. These regulations, dated 3 February 1938, amend and repeal certain provisions in the Commerce (Export Dairy Produce) Regulations. Regulation 32 has been modified to require exporters to furnish a notice and declaration in writing to the Department after the goods have been delivered to an appointed place, replacing the previous requirement for written notice after delivery. Regulation 33, which previously mandated certain actions, has been repealed. Additionally, a new regulation, 65, has been inserted to prohibit the making of false or misleading statements in any declaration provided under these regulations, with a penalty of fifty pounds for violations. Entities governed by these regulations are required to adhere to the updated procedures for notifying the Department of their export activities, ensuring that all notices and declarations are provided in written form. Furthermore, they must ensure that any declarations made are truthful and not misleading, as stipulated by regulation 65. The burden of proof in cases of alleged false declarations lies with the Department, which can rely on a certificate signed by the Secretary or Assistant Secretary of the Department of Commerce as prima facie evidence of the declaration's authenticity and content. The statutory provisions impose significant obligations on the entities involved. Any person found to be in breach of regulation 65, which prohibits false or misleading declarations, faces a penalty of fifty pounds. This penalty serves as a deterrent against non-compliance and ensures adherence to the regulations' requirements. The regulations also stipulate that in any proceedings for an offence under regulation 65(1), a certificate signed by the Secretary or Assistant Secretary of the Department of Commerce, certifying the authenticity and content of the declaration, shall be considered as prima facie evidence. This places the onus on the defendant to rebut the presumption of the certificate’s accuracy. Judicial notice is also taken of the signature and the office-holding status of the signatory, further strengthening the evidentiary weight of the certificate.