Commerce (Export Dairy Produce) Regulations (Amendment)

Overview

Statutory Rules 1933, No. 38, is a legislative instrument enacted to amend the Commerce (Export Dairy Produce) Regulations under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1930. The Regulations were brought into effect to address issues surrounding the export of dairy products and trade descriptions. The enacting body was the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The policy objective of this legislative instrument was to modify the existing regulations to include eggs alongside cheese in the scope of controlled dairy exports, thereby broadening the scope of the regulatory framework. This amendment aimed to ensure comprehensive oversight and control of the exportation of dairy products and their descriptions in line with evolving trade practices and standards.

Scope and Application

The Legislative instrument C1933L00038 pertains to regulations under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1930. It was made by the Governor-General in Council, and it modifies the existing Commerce (Export Dairy Produce) Regulations to include eggs alongside cheese within its scope. The amendment specifically affects the regulation concerning the trade descriptions of dairy products exported from Australia. This regulation applies to all entities involved in the export of dairy products, encompassing cheese and eggs, and ensures that these goods are accurately described in trade. The geographic reach of these regulations is national, applying throughout the Commonwealth of Australia. While the primary focus is on dairy exports, the act and its regulations do not explicitly outline exclusions, exemptions, or thresholds within the provided text. The application of these regulations may be further defined or restricted through subordinate instruments or subsequent amendments, thereby extending or modifying their scope and enforcement.

Key Provisions

The main operative sections of these Regulations (section 65) pertain to the amendment of the Commerce (Export Dairy Produce) Regulations. Specifically, they involve modifying the sub-regulations to include eggs alongside cheese within the scope of regulated dairy exports. Under the original sub-regulation (1), the term "and cheese" is removed and replaced with "cheese and eggs". Similarly, in sub-regulation (2), the term "or cheese" is removed and replaced with "cheese or eggs". These changes broaden the scope of the regulations to encompass eggs as part of the export of dairy products. The obligations and requirements imposed by these Regulations on parties involved in the export of dairy products now include eggs, in addition to cheese. This means that any entity exporting these products must comply with the updated regulations, ensuring that eggs are included within the purview of quality, safety, and trade description standards that apply to dairy exports. The amendment requires that all relevant documentation and processes reflect this inclusion, ensuring that both cheese and eggs are subject to the same regulatory scrutiny. Any breach of these Regulations may lead to civil or criminal consequences. While the specific penalties are not detailed within the text provided, under the broader Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1930, violations can attract significant penalties. These may include fines, imprisonment, or both, depending on the severity and intent of the breach. The precise penalties would be determined by the courts, taking into account the nature of the infringement and any previous history of non-compliance by the offending party.