DAIRY PRODUCE.
No. 22 of 1935.
An Act to amend the Dairy Produce Act 1933.
[Assented to 13th April, 1935.]
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 and citation.
1.—(1.) This Act may be cited as the Dairy Produce Act 1935.
(2.) The Dairy Produce Act 1933 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Dairy Produce Act 1933–1935.
Definitions.
2. Section four of the Principal Act is amended—
(a) by omitting from the definition of “dairy produce” the words “, but does not include processed cheese”; and
(b) by omitting the definition of “processed cheese”.
Inter-State trade in dairy produce.
3. Section five of the Principal Act is amended—
(a) by omitting from paragraph(b) of sub-section (1.) the words “a person” and inserting in their stead the words “the owner or any other person”;
(b) by omitting from sub-section (1.) the words “, 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’ and inserting in their stead the words “he is the Holder of a licence then in force, issued under this Act, authorizing him so to deliver or carry such dairy produce, as the case may be, and the delivery or carriage is in accordance with the terms and conditions of that licence”;
(c) by omitting from sub-section (2.) the word “period” and inserting in its stead the word “periods”; and
(d) by inserting in sub-section (2.), after the word “permitting”, the words “the delivery of dairy produce to any person for carriage or”.
Validation.
4. Any regulation made under the Dairy Produce Act 1933, and any licence issued or other action taken in pursuance of any such regulation, shall be deemed to be, and at all times to have been, as valid and effectual for all purposes as if this Act had been in force on and after the date when the regulation was made.
Overview
The Dairy Produce Act 1935 was enacted by the Commonwealth Parliament to amend the existing Dairy Produce Act 1933. This Act was introduced to address certain gaps and issues within the regulation of the dairy industry, particularly concerning definitions and the licensing requirements for the carriage and delivery of dairy produce across state lines. The primary objective of the Act was to refine the regulatory framework to ensure that it adequately covered the inter-state trade of dairy produce while maintaining the integrity and quality of the products being transported. By amending specific sections of the Principal Act, the 1935 Act sought to clarify definitions, adjust licensing stipulations, and validate existing regulatory actions under the 1933 Act, thereby providing a more robust legislative foundation for the oversight of dairy produce trade.
Scope and Application
The Dairy Produce Act 1935 amends the Dairy Produce Act 1933 to refine regulations surrounding the handling and transportation of dairy produce across state borders. This Act applies to any person or entity involved in the carriage, delivery, or trade of dairy produce, including both individuals and corporate entities such as dairies, transporters, and retailers. Its jurisdictional reach is national, affecting all states and territories within Australia. The Act does not explicitly state any exclusions or exemptions, but its primary focus is on regulating the movement of unprocessed dairy goods, as indicated by the removal of the definition for processed cheese. The Act also extends its applicability through subordinate instruments, such as regulations and licences, which are deemed valid under the new Act despite being issued under the previous version. The amendments aim to streamline the licensing process and ensure that all transactions comply with the updated regulatory framework.
Key Provisions
The Dairy Produce Act 1935 amends the Dairy Produce Act 1933 and introduces several key changes. Firstly, section 2 revises the definition of "dairy produce" by removing the exclusion of processed cheese, thus broadening the scope of what constitutes dairy produce under the Act. Additionally, it removes the definition of "processed cheese," which may have specific implications for the regulation and trade of such products.
Under section 3, the Act modifies the requirements for interstate trade in dairy produce. It alters the conditions under which dairy produce can be delivered or carried across state lines. The amendments specify that either the owner or any other person can carry or deliver dairy produce, provided they hold a valid licence issued under the Act and comply with the terms and conditions of that licence. Furthermore, the Act allows for the delivery of dairy produce to any person for carriage, indicating a more flexible approach to interstate trade. The changes also correct a grammatical error by replacing "period" with "periods" and refine the language to ensure clarity and compliance with the licence terms.
The obligations imposed by the Act on parties involved in the dairy produce trade are primarily centred around obtaining and adhering to the terms of a valid licence. Anyone engaged in the carriage or delivery of dairy produce must ensure they hold a current licence issued under the Act and that their activities strictly comply with the licence terms and conditions. This requirement is crucial for maintaining the regulatory framework governing the interstate trade of dairy products.
Breaches of the provisions in the Dairy Produce Act 1935 may result in legal consequences. While the specific penalties are not detailed in the provided text, the Act implies that non-compliance with the licensing requirements and conditions could lead to civil or criminal penalties. These might include fines, injunctions, or other legal actions to enforce compliance and uphold the integrity of the regulatory framework governing dairy produce trade.