Dairy Produce Export Charge Act 1962

Legislation au C1962A00048 Not in force Act

Legislation content

DAIRY PRODUCE EXPORT CHARGE.

 

No. 48 of 1962.

An Act to impose a Charge upon the Export of Dairy Produce.

[Assented to 28th May, 1962.]

BE it enacted by the Queen’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 Export Charge Act 1962.

Commencement.

2.—(1.) Sections one and two of this Act shall come into operation on the day on which this Act receives the Royal Assent.

(2.) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.

(3.) Notwithstanding the last preceding sub-section—

(a) a report may be made to the Minister by the Australian Dairy Produce Board in relation to the proposed exemption of dairy produce from the charge imposed by this Act;

(b) a notice may be published in the Gazette under section six of this Act exempting dairy produce from the charge so imposed; and

(c) regulations may be made prescribing officers for the purposes of sub-section (5.) of section five of this Act,

at any time after this Act receives the Royal Assent and before the date fixed under the last preceding sub-section as if all the provisions of this Act had come into operation on the day on which


this Act received the Royal Assent, but a notice so published does not take effect, and regulations so made do not come into operation, until the date fixed under the last preceding subsection.

Repeal.

3. The Dairy Produce Export Charges Act 1924, the Dairy Produce Export Charges Act 1929 and the Dairy Produce Export Charges Act 1937 are repealed.

Definitions.

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

“butter fat product” means goods consisting of butter fat and another substance or other substances, being goods the weight of the butter fat content of which is not less than forty per centum of the weight of the goods, but does not include butter, cheese or ghee;

“dairy produce” means butter, cheese, ghee, butter fat, butter fat products, casein and dried skimmed milk;

“ghee” means clarified fat of cow’s milk;

“the Board” means the Australian Dairy Produce Board constituted under the Dairy Produce Export Control Act 1924–1962.

Charge on export of dairy produce.

5.—(1.) A charge is imposed and shall be levied and paid on all dairy produce exported from the Commonwealth.

(2.) The rates of the charge, in relation to dairy produce exported from the Commonwealth before the first day of July, One thousand nine hundred and sixty-three, are—

(a) in respect of butter—one fourth of a penny for each pound of butter exported;

(b) in respect of cheese—one eighth of a penny for each pound of cheese exported;

(c) in respect of ghee, butter fat or any butter fat product—five sixteenths of a penny for each pound of ghee, butter fat or butter fat product exported;

(d) in respect of casein—one twenty-eighth of a penny for each pound of casein exported; and

(e) in respect of dried skimmed milk—one fifty-sixth of a penny for each pound of dried skimmed milk exported.

(3.) Subject to the next succeeding sub-section, the rates of the charge, in relation to dairy produce exported from the Commonwealth on or after the first day of July, One thousand nine hundred and sixty-three, are—

(a) in respect of butter—one halfpenny for each pound of butter exported;


(b) in respect of cheese—one fourth of a penny for each pound of cheese exported;

(c) in respect of ghee, butter fat or any butter fat product—five eighths of a penny for each pound of ghee, butter fat or butter fat product exported;

(d) in respect of casein—one eighth of a penny for each pound of casein exported; and

(e) in respect of dried skimmed milk—one eighth of a penny for each pound of dried skimmed milk exported.

(4.) The regulations may, from time to time, after report to the Minister by the Board, prescribe rates of the charge in respect of all or any of the classes of dairy produce specified in the last preceding sub-section in lieu of the rates specified in that sub-section in respect of those classes of dairy produce, but so that the rate of the charge prescribed by the regulations in respect of a class of dairy produce does not exceed the rate specified in that sub-section in respect of that class of dairy produce.

(5.) Moneys payable under this section in respect of any dairy produce shall be paid to a prescribed officer on or before the entry of that dairy produce for export.

Exemption from charge.

6.—(1.) The Minister may, from time to time, by notice published in the Gazette, after report to him by the Board, exempt any dairy produce from the charge imposed by this Act.

(2.) An exemption under this section may be subject to conditions specified in the notice of exemption.

(3.) An exemption under this section may be in respect of a period specified in the notice of exemption.

(4.) The Minister may, by notice published in the Gazette, after report to him by the Board, cancel an exemption of any dairy produce from the charge imposed by this Act, and in that case that charge becomes payable in respect of that dairy produce from and including the date on which the notice is published in the Gazette or, if the notice so provides, from and including a later date specified in the notice.

Regulations.

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

Overview

The Dairy Produce Export Charge Act 1962 was enacted by the Parliament of Australia to impose a charge on the export of dairy produce from the Commonwealth. This Act was introduced to address the need for a regulatory framework governing the export of dairy products, thereby ensuring that there was a structured method of collecting revenue from the export of such products. The Act repealed previous legislation, namely the Dairy Produce Export Charges Act 1924, the Dairy Produce Export Charges Act 1929, and the Dairy Produce Export Charges Act 1937, to streamline the legal framework and create a more modernised system. The policy objective of the Act is to establish a charge on the export of various dairy products, including butter, cheese, ghee, butter fat, butter fat products, casein, and dried skimmed milk, while also providing flexibility through the ability to exempt certain products from the charge under specified conditions.

Scope and Application

The Dairy Produce Export Charge Act 1962 applies to the export of all dairy produce from the Commonwealth of Australia. The Act imposes a charge on the export of dairy products, which includes various categories such as butter, cheese, ghee, butter fat, butter fat products, casein, and dried skimmed milk. The charge rates are specified for different types of dairy produce and vary depending on whether the export occurs before or after 1 July 1963. The Act allows for potential exemptions from this charge by the Minister, subject to recommendations from the Australian Dairy Produce Board, and these exemptions can be made conditional and time-limited. The Act also empowers the Governor-General to create regulations that are necessary or convenient for the implementation of the Act, provided they do not conflict with its provisions. This legislation thus sets the framework for regulating and charging the export of dairy produce across Australia.

Key Provisions

The Dairy Produce Export Charge Act 1962 establishes a charge on the export of dairy produce from Australia. Section 5(1) imposes a charge on all dairy produce exported from the Commonwealth, with specific rates for different types of dairy products. Before 1 July 1963, the rates were one-fourth of a penny per pound for butter, one-eighth of a penny per pound for cheese, and so on. After 1 July 1963, the rates increased to one-half penny per pound for butter and one-fourth of a penny per pound for cheese, among others. Section 6 allows the Minister, after a report from the Australian Dairy Produce Board, to exempt certain dairy produce from this charge, which can be conditional and time-limited. The Act also provides for the creation of regulations under Section 7 to address any matters necessary for implementing the Act. The Act imposes several obligations on parties involved in the export of dairy produce. Under Section 5(5), moneys payable for the charge must be paid to a prescribed officer before the dairy produce is entered for export. Section 6 enables the Minister to exempt specific dairy products from the charge, subject to conditions and periods specified in the exemption notice. The Australian Dairy Produce Board is required to report to the Minister regarding potential exemptions under Section 6(1). Furthermore, Section 7 mandates that any regulations made under the Act must not conflict with the Act's provisions and must be necessary for its effective implementation. Breaches of the Dairy Produce Export Charge Act 1962 may lead to various civil and criminal consequences. For instance, failure to pay the charge as required by Section 5(5) could result in financial penalties and possibly legal action. Non-compliance with the payment obligations or regulatory requirements may also subject individuals or entities to enforcement actions by the relevant authorities. Although the Act does not explicitly state maximum penalties for breaches, breaches of similar statutory obligations typically attract fines or other penalties under Australian law.

Legal classification tags

Area of Law
Commercial Law
Taxation Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Charge on export of dairy produce

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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.