Commerce (Export Dairy Produce) Regulations (Amendment)

Overview

The Statutory Rules 1924, No. 130, represent a regulatory amendment made under the Commerce (Trade Descriptions) Act 1905. This Act, enacted in 1905, was designed to standardise trade descriptions and prevent misleading commercial practices, thus ensuring consumer protection and fair trade. The regulation was made by the Governor-General in Council, acting on advice from the Minister of State for Trade and Customs. The specific regulation modifies the Commerce (Export Dairy Produce) Regulations 1921, adjusting the penalty for non-compliance from two shillings and sixpence to three shillings. The policy objective is to align the regulatory framework with current economic conditions and maintain the integrity of trade practices.

Scope and Application

The Commerce (Trade Descriptions) Act 1905 is a piece of legislation that applies to the trade descriptions and the quality of goods in interstate and international commerce within Australia. These regulations, as exemplified by the Statutory Rules 1924, No. 130, which amend the Commerce (Export Dairy Produce) Regulations 1921, extend their reach to govern the standards and descriptions applied to goods, particularly dairy products, exported from Australia. The regulations are designed to ensure that the quality and descriptions of goods are accurately represented, thereby protecting both consumers and producers. These provisions apply to individuals and entities involved in the export of goods, specifically dairy produce, within the Commonwealth of Australia. The scope of the legislation is national, ensuring uniformity and compliance across state and territory boundaries. The regulations also provide for the amendment and enforcement of these standards through subordinate instruments, which allows for updates and adaptations as needed to maintain the integrity of trade descriptions and goods quality.

Key Provisions

The main operative sections of this legislative instrument (Reg. 13) amend the Commerce (Export Dairy Produce) Regulations 1921 by modifying the monetary penalty specified in Regulation 13(3). Specifically, the amendment increases the penalty from two shillings and sixpence to three shillings. This change is intended to update the financial penalties in line with inflation or other economic factors since the original regulations were made. These regulations impose obligations on exporters of dairy produce, requiring them to adhere to specific trade descriptions and standards. Regulation 13(3) is particularly relevant as it pertains to the financial penalties that may be imposed for non-compliance with these regulations. By increasing the penalty, the regulations underscore the importance of adhering to the specified standards to avoid financial repercussions. Failure to comply with the amended regulations could result in civil consequences, including fines. The specific penalty for non-compliance, as amended, is three shillings. Although the original regulations did not specify the maximum extent of the penalty, it is understood that such penalties are enforceable through the courts and can be pursued by the relevant authorities. In summary, the key provisions of this legislative instrument update the financial penalty for non-compliance with the Commerce (Export Dairy Produce) Regulations 1921. Exporters must now be aware of the increased penalty of three shillings for breaches, ensuring adherence to the specified trade descriptions and standards to avoid legal and financial repercussions.