Commerce (Export Dairy Produce) Regulations (Amendment)

Overview

The Statutory Rules 1934, No. 56, enacted on 9 May 1934, amends the Commerce (Export Dairy Produce) Regulations under the Customs Act 1931-1933 and the Commerce (Trade Descriptions) Act 1905-1933. This legislative instrument addresses a gap in the existing regulatory framework concerning the minimum milk solids content for exported dairy produce. The regulation was introduced by the Governor-General, Sir Isaac Isaacs, acting on advice from the Federal Executive Council and the Minister of State for Commerce and Trade, Fred H. Stewart. The primary policy objective of this amendment is to ensure that the quality standards of exported dairy products meet specific requirements, thereby protecting consumer interests and maintaining the reputation of Australian dairy exports.

Scope and Application

The Statutory Rules 1934, No. 56, made under the Customs Act 1901–1930 and the Commerce (Trade Descriptions) Act 1905–1933, provide for amendments to the Commerce (Export Dairy Produce) Regulations. This regulation applies to any person or entity involved in the export of dairy produce, ensuring compliance with specified standards. The regulation mandates that exported dairy produce must contain not less than 29.8 per centum of milk solids of all kinds, thereby establishing a minimum standard for such products. The jurisdiction of these regulations is national, extending across the Commonwealth of Australia, and is enforced by the Minister of State for Commerce and the Minister of State for Trade and Customs. The amendment removes the previous exception allowing for products that otherwise comply with prescribed standards but fall short of the milk solids requirement. No specific exclusions or exemptions are noted in the regulation itself, but the application of these rules may be further defined or extended through additional subordinate instruments as necessary.

Key Provisions

The primary operative section of the Statutory Rules 1934, No. 56 is Regulation 25 of the Commerce (Export Dairy Produce) Regulations. This regulation modifies the existing standards for export dairy produce, specifically by altering the minimum percentage of milk solids required in exported dairy products. The original standard, which allowed for products to meet all other requirements of the prescribed standard, has been changed to a fixed requirement of not less than 29.8 per centum of milk solids of all kinds (Reg. 25). This change ensures a more consistent quality for exported dairy products. Entities and individuals subject to the Commerce (Export Dairy Produce) Regulations, particularly those involved in the export of dairy products, must ensure that their products meet the new standard of containing at least 29.8 per centum of milk solids of all kinds. This requirement applies to all aspects of production, packaging, and labelling to ensure compliance with the updated regulation. Manufacturers and exporters need to verify that their products adhere to this new standard before export to avoid any potential breaches of the regulation. Failure to comply with the new milk solids standard set forth in Regulation 25 could result in legal consequences. While the specific penalties for non-compliance are not detailed in the Statutory Rules, breaches of regulations under the Customs Act 1931-1933 and the Commerce (Trade Descriptions) Act 1905-1933 can typically lead to fines or other penalties as determined by the relevant courts. These penalties can be substantial, reflecting the importance of adhering to trade standards and ensuring consumer protection and fair trade practices.