Commerce Regulations 1913 (Amendment)

Overview

The Statutory Rules 1918, No. 106, enacted by the Parliament of Australia, amends the Commerce Regulations 1913 under the Commerce (Trade Descriptions) Act 1905. This regulation specifically addresses the fees applicable to the export of dairy products and livestock. The regulation was introduced to ensure that appropriate fees are charged for the export of these goods, thereby maintaining a structured process for their inspection and certification. The policy objective behind these amendments is to regulate and streamline the export process by clearly defining the fees for different categories of dairy products and livestock, ensuring that all export goods meet the required standards before leaving the country. The regulation provides a detailed fee structure for various dairy products such as butter, margarine, cheese, and milk in different packaging forms, as well as for livestock such as sheep, lambs, goats, cattle, calves, and pigs. It stipulates that no goods can be removed for home consumption or receive an export permit unless the specified fees are paid. This ensures that all exports are properly monitored and regulated, maintaining the integrity of the trade and protecting both producers and consumers.

Scope and Application

This legislative instrument establishes a set of regulations under the Commerce (Trade Descriptions) Act 1905, which pertains to the fees applicable to the export of certain agricultural products, specifically butter, margarine, cheese, and various forms of milk, as well as live stock. The regulation applies to entities or individuals exporting these products and livestock, with specific fees outlined for different types and quantities of the goods. It encompasses all butter, margarine, cheese, concentrated, condensed, or dried milk, and live stock intended for export, ensuring compliance with the established fee structure for these items. The geographic reach of this regulation is national, applying across the Commonwealth of Australia as per the provisions of the parent Act. The regulation does not explicitly state any exclusions or exemptions, but it does detail specific thresholds for fee adjustments based on the weight of the products. The application of this regulation is extended and further defined through the subordinate instrument, which provides detailed fee structures and conditions for compliance.

Key Provisions

The main operative sections of this legislation (Regulation 55) establish a structured fee system for various agricultural products intended for export. Specifically, it outlines the fees to be paid for Butter, Margarine, Cheese, Concentrated, Condensed, or Dried Milk, and Live Stock. Butter and Margarine are taxed at one penny per box, Cheese is charged at one penny per crate of up to 160 pounds, with additional charges for exceeding the limit by more than six pounds. Cheese in tins is taxed at half a penny per package of up to 48 pounds, with additional charges if the weight exceeds 48 pounds by more than eight pounds. Concentrated or Condensed Milk is taxed at half a penny per package of up to 48 pounds, with similar additional charges for weight exceeding 48 pounds by more than eight pounds. Dried Milk is taxed at half a penny per package of up to 56 pounds, with additional charges for exceeding 56 pounds by more than ten pounds. Sheep, Lambs, and Goats are taxed at half a penny per head, while Cattle and Calves are taxed at six pence per head, and Pigs are taxed at six pence per head. The Act imposes several obligations on the parties involved. Primarily, it mandates that fees must be paid for the specified goods before they can be removed for home consumption or an export permit can be issued. This requirement applies to Butter, Margarine, Cheese, Concentrated, Condensed, or Dried Milk, and Live Stock. The fees must be paid to the Collector, ensuring that the regulatory body receives the necessary charges for these goods. Additionally, the Act specifies the weight limits and corresponding fees, thereby establishing a clear framework for compliance. Breach of these obligations can lead to civil and criminal consequences. If any of the specified goods are removed for home consumption or an export permit is issued without paying the required fees, it constitutes an offence under the Act. The maximum penalties for such breaches are not explicitly stated in the regulation, but under the parent act, the Commerce (Trade Descriptions) Act 1905, penalties can include fines and imprisonment. The specific amount of the fine or the duration of imprisonment would depend on the nature and severity of the offence, as well as any relevant case law or subsequent legislative amendments.