Dairy Produce Act 1933

Legislation au C1933A00058 Not in force Act

Legislation content

 

DAIRY PRODUCE.

 

No. 58 of 1933.

An Act relating to Trade and Commerce with other Countries and among the States in certain Dairy Produce.

[Assented to 14th December, 1933.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Dairy Produce Act 1933.


Commencement.

2. This Act shall commence on a date to be fixed by Proclamation.

Duration of Act.

3. Unless, at a poll of producers held in the prescribed manner within six months from the commencement of this Act, a majority of the producers voting at the poll are in favour of the continued operation of this Act, this Act shall cease to have effect upon a date to be fixed by Proclamation, not being later than one month after the expiration of the period of six months from the commencement of this Act.

Definitions.

4. In this Act, unless the contrary intention appears—

“dairy produce” means butter and cheese, but does not include processed cheese;

“processed cheese” means any cheese manufactured and sold in the Commonwealth which has been subjected to any further prescribed process of manufacture;

“producer” means any person who being a producer of milk during the year ending the thirty-first day of December, One thousand nine hundred and thirty-three, has manufactured and sold at least five hundred pounds in weight of dairy produce, or has supplied to a manufacturer of dairy produce sufficient milk or cream or both to produce at least five hundred pounds in weight of dairy produce.

Inter-state trade in daily produce.

5.—(1.) Except as provided by the Regulations—

(a) the owner or person having possession or custody of dairy produce shall not deliver any dairy produce to any person for carriage into or through another State to a place in Australia beyond the State in which the delivery is made; and

(b) a person shall not carry any dairy produce from a place in one State into or through another State to a place in Australia beyond the State in which the carriage begins,

unless, in either case, a licence has been issued under this Act permitting that carriage of that dairy produce and except in accordance with the licence so issued.

Penalty: One hundred pounds or imprisonment for six months.

(2.) Prescribed authorities may issue licences, for such period and upon such terms and conditions as are prescribed, permitting the carriage of dairy produce from a place in one State to a place in Australia beyond that State.

(3.) Any dairy produce which has been, or is in process of being, carried in contravention of this Act, shall be forfeited to the King.

(4.) A prescribed authority may require any person to give security, in such form and to such amounts as are approved by the Minister, for compliance by the person with the terms and conditions of any licence issued to him under this Act.


(5.) Where the Minister, on report by a prescribed authority, is satisfied that any person to whom a licence has been issued under this section has contravened or failed to comply with any term or condition of the licence, the Minister may cancel the licence, and the licence shall thereupon cease to be of any force or effect.

Furnishing of returns, &c.

6.—(1.) A prescribed authority may require any person to furnish or produce, within such period as the prescribed authority specifies, any licence issued to him under this Act, and may require any person to furnish or produce, within a like period, such returns or documents in relation to dairy produce as are prescribed.

(2.) Any person who, being required in pursuance of the last preceding sub-section to produce a licence or to furnish a return or produce documents, refuses or fails to comply with that requirement within the period specified by the prescribed authority shall be guilty of an offence.

Penalty: One hundred pounds.

Regulations.

7. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act and in particular for—

(a) prescribing the conditions (which may include conditions as to the export from Australia of dairy produce by or on behalf of the person applying for a licence) upon which licences may be issued;

(b) prescribing the maximum quantity which may be contained in a consignment of dairy produce which may be carried from a place in one State to a place in Australia beyond that State without the issue of a licence under this Act;

(c) prescribing the grades and quality of dairy produce for the carriage of which from a place in one State to a place in Australia beyond that State a licence shall not be necessary;

(d) prescribing the form of licences, and the procedure in relation to their use;

(e) prescribing means of identifying the dairy produce to which a licence relates;

(f) conferring upon prescribed authorities and officers powers of entry on, and inspection of, places where any process in connexion with the manufacture of dairy produce is carried on, or on or of any places where dairy produce is, or is believed by a prescribed authority or officer to be; and

(g) prescribing penalties not exceeding a fine of Fifty pounds or imprisonment for six months for any offence against or contravention of the Regulations or of any condition of any licence.

Overview

The Dairy Produce Act 1933 was enacted by the Commonwealth Parliament to address the regulation of trade and commerce in dairy produce, specifically butter and cheese, across Australian states and with other countries. The Act aims to ensure that the movement of dairy produce between states and internationally is controlled to maintain quality and standards. Unless a majority of producers vote to continue its operation within six months of commencement, the Act will cease to have effect. It defines key terms such as "dairy produce" and "producer" and outlines the requirement for licences for the carriage of dairy produce across state borders, with penalties for non-compliance. The Act also empowers authorities to issue licences, require security for compliance, and mandate the submission of returns and documents related to dairy produce. Regulations can be made to further specify the conditions under which licences are issued, the forms of licences, and penalties for contraventions of the Act or Regulations.

Scope and Application

The Dairy Produce Act 1933 governs the trade and commerce of dairy produce such as butter and cheese, excluding processed cheese, among the states and with other countries. This Act applies to producers who have manufactured and sold at least five hundred pounds of dairy produce or supplied sufficient milk or cream to produce that amount during the year ending 31st December 1933. The Act operates at the Commonwealth level and is intended to regulate the interstate movement of dairy produce. Unless a majority of producers vote to continue its operation within six months of its commencement, the Act will cease to have effect. The Act also allows for the issuance of licences by prescribed authorities for the carriage of dairy produce beyond the state of origin, with penalties for non-compliance. Additionally, prescribed authorities have the power to issue regulations to carry out the Act's provisions, including setting conditions for licences and prescribing penalties for offences against the regulations.

Key Provisions

The Dairy Produce Act 1933 (sections 1 to 7) regulates the trade and commerce of dairy produce across states and internationally. The Act, which is subject to a potential expiry after six months if not supported by a majority of producers, specifically pertains to the definition and handling of dairy produce, including butter and cheese, but excluding processed cheese (section 4). It mandates that the carriage of dairy produce across state borders requires a licence, except as prescribed by regulations (section 5(1)). Licences can be issued by prescribed authorities for specific periods and terms, and any dairy produce transported in violation of this Act is subject to forfeiture (section 5(2) and (3)). Additionally, prescribed authorities have the authority to demand security from licensees to ensure compliance with the terms of their licences (section 5(4)), and the Minister can cancel licences upon finding non-compliance (section 5(5)). Under the Act, producers and other entities must adhere to several obligations and requirements. They must refrain from transporting dairy produce across state lines without the necessary licence (section 5(1)(a) and (b)). Furthermore, prescribed authorities can mandate the submission of licences, returns, and documents related to dairy produce within specified timeframes (section 6(1)). Failure to comply with these requirements constitutes an offence (section 6(2)). The Act also grants prescribed authorities powers of entry and inspection for manufacturing and storage facilities where dairy produce is present or suspected to be present (section 7(f)). Breaches of the Act and its regulations can lead to various consequences. Transporting dairy produce without a licence is subject to a penalty of one hundred pounds or imprisonment for six months (section 5(1)). Additionally, failure to furnish a licence or documents as required by a prescribed authority under section 6(1) incurs a penalty of one hundred pounds (section 6(2)). The regulations, which may be made under section 7, include penalties not exceeding a fine of fifty pounds or imprisonment for six months for offences against the regulations or conditions of any licence. This includes the forfeiture of dairy produce transported in violation of the Act (section 5(3)) and the cancellation of licences for non-compliance (section 5(5)).

Legal classification tags

Area of Law
Trade & Commerce Law
Inter-State Trade Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Licensing & Registration
Penalty Provisions
Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.