Commerce (Export Dairy Produce) Regulations (Amendment)

Overview

The Statutory Rules of 1924 No. 156 represent regulations made under the Commerce (Trade Descriptions) Act 1905, which was enacted to address issues related to the description and quality of goods in trade and commerce. This legislative instrument, made by the Governor-General in accordance with advice from the Federal Executive Council, amends the Commerce (Export Dairy Produce) Regulations 1921, specifically altering the parameters for the export of condensed milk. The policy objective underlying these regulations is to ensure that Australian dairy products meet specific quality standards when exported, thereby protecting consumer interests both domestically and internationally. This regulatory adjustment reflects the ongoing efforts to maintain and enhance the reputation of Australian exports within the global market.

Scope and Application

The Commerce (Trade Descriptions) Act 1905, as amended by Statutory Rules 1924, No. 156, governs the trade descriptions associated with the export of dairy products. This legislation applies to individuals and entities engaged in the export of dairy products, ensuring that these products meet specified standards, particularly concerning butter fat content, for markets in certain regions. The geographic reach of this regulation extends to exports intended for consumption in South Africa, China, Japan, the Philippine Islands, the Straits Settlements, and other adjacent areas east of the 90th meridian of east longitude, excluding the Federated Malay States. The regulation does not explicitly state any exclusions, exemptions, or thresholds beyond the geographical scope and the specified butter fat content requirements. The regulation further extends its application through subordinate instruments, allowing for amendments and updates to the requirements as needed, which can be seen in the amendment of the Commerce (Export Dairy Produce) Regulations 1921, where specific parameters for condensed milk are outlined.

Key Provisions

The primary operative sections of the Legislative Instrument C1924L00156 involve amendments to the Commerce (Export Dairy Produce) Regulations 1921 (section 1). Specifically, Regulation 9 is amended to change the criteria for the composition and export destination of condensed milk. The amendment (section 1(a)) sets the requirement that condensed milk must contain at least 7.8 per cent. of butter fat, excluding any other conditions that may be considered normal, and specifies the destinations to which this milk can be exported. These destinations include South Africa, China, Japan, Philippine Islands, Straits Settlements, or other adjacent parts to the east of the 90th meridian of east longitude, excluding the Federated Malay States. The amended regulations impose several obligations on the parties involved. They must ensure that condensed milk exported under these regulations meets the specified butter fat content of 7.8 per cent. Moreover, exporters must adhere strictly to the designated export destinations as outlined in the amendment. Failure to comply with these stipulations could lead to legal repercussions under the Commerce (Trade Descriptions) Act 1905. Breaches of these regulations could lead to serious consequences. The Act provides for both civil and criminal penalties for non-compliance. The specifics of these penalties are not detailed in the provided text, but under the overarching Commerce (Trade Descriptions) Act 1905, violations can result in fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions stipulated in the Act or subsequent legislation.