Commerce (Export Dairy Produce) Regulations (Amendment)

Overview

The Statutory Rules 1922, No. 49, made under the Commerce (Trade Descriptions) Act 1905, amends the Commerce (Export Dairy Produce) Regulations 1921 to address a specific issue regarding the certification of butter exports. Enacted by the Governor-General in Council, the regulation responds to a need for clearer and more efficient certification processes for butter exports, particularly in verifying the absence of preservative substances. The policy objective is to streamline the certification process, ensuring that exporters can efficiently comply with trade requirements while maintaining the integrity of the products being exported. This amendment introduces a pragmatic solution by allowing for a certificate to be provided for a nominal fee, thus facilitating smoother trade operations and enhancing the efficiency of the certification process.

Scope and Application

The Statutory Rules 1922 No. 49, made under the Commerce (Trade Descriptions) Act 1905, introduces a specific amendment to the Commerce (Export Dairy Produce) Regulations 1921, effective from the date of publication. This legislative instrument applies to the export of dairy produce, particularly butter, and imposes certain conditions on its certification process. The amendment pertains to the payment of a fee to the Collector for the provision of a certificate that confirms the absence of preservative substances in butter samples, thereby ensuring compliance with trade standards and consumer protection. The regulation extends across the Commonwealth of Australia, impacting exporters and regulatory bodies responsible for enforcing these trade descriptions. The geographic reach of this regulation is national, applying uniformly throughout all states and territories. There are no stated exclusions, exemptions, or specific thresholds in the text, and the regulation itself does not extend or restrict its application through subordinate instruments.

Key Provisions

The key operative sections of the Statutory Rules 1922, No. 49, involve an amendment to Regulation 41(b) of the Commerce (Export Dairy Produce) Regulations 1921. Specifically, it introduces a provision that allows for a certificate to be issued when butter is analyzed to determine if it is free from preservative substances. This certificate can be supplied upon payment of three shillings to the Collector (section 1). The amended regulation imposes certain obligations on parties involved in the export of dairy produce, particularly butter. They must ensure that if an analysis is conducted solely to ascertain the absence of preservative substances, a certificate can be provided. This certificate is contingent upon the payment of a specified fee to the Collector, as detailed in the amendment (section 1). Breaches of these provisions or failure to comply with the requirements might not explicitly state penalties within the provided text. However, under the overarching Commerce (Trade Descriptions) Act 1905, there are potential civil or criminal consequences for non-compliance with regulations governing trade descriptions and export standards. Typically, penalties under such legislation can include fines and, in severe cases, imprisonment, though the exact penalties are not detailed in this particular statutory rule. The statutory rule also underscores the importance of adhering to specific protocols when exporting dairy products, ensuring that any claims about the product’s composition are substantiated through proper analysis and certification processes. This regulation aims to maintain the integrity and transparency of trade descriptions in the export market, ensuring consumer protection and fair trade practices.