Dairy Produce Export Charge Regulations (Amendment)

Overview

The Dairy Produce Export Charges Act 1924-1937, enacted by the Commonwealth Parliament, established a charge on the export of dairy produce from Australia. The act aimed to provide a revenue stream from the export of dairy products, ensuring that a portion of the export income was retained within the country. This legislation was initially introduced to address the need for financial regulation and control over dairy exports. The 1948 Statutory Rules No. 141, made under the authority of the Act, further refine these charges by lowering the rates, responding to recommendations from the Australian Dairy Produce Board. These regulations were designed to provide flexibility in export charge rates, thereby facilitating the export industry while maintaining a controlled revenue stream for the government.

Scope and Application

The Regulations under the Dairy Produce Export Charges Act 1924-1937 apply to all entities involved in the export of dairy products from Australia, including exporters, exporters' agents, and carriers of dairy produce. The geographic reach of these regulations is limited to the Commonwealth of Australia, governing the export activities within the national jurisdiction. These regulations prescribe lower rates for the charges imposed on dairy produce exported from the Commonwealth, specifically for butter and cheese. The specified rates are one-twenty-fourth of a penny for each pound of butter and one-forty-eighth of a penny for each pound of cheese. These rates represent a reduction from the rates previously imposed by the Act. The regulations came into operation on the first day of November 1948, following the report from the Australian Dairy Produce Board and subsequent approval by the Governor-General in Council. The application of these regulations is further extended and detailed through subordinate instruments, ensuring that they comprehensively cover the intended scope and application as stipulated by the primary Act.

Key Provisions

The main operative sections of these Regulations, particularly Regulation 3, establish the new rates for the charges on exported dairy produce. Specifically, Regulation 3 replaces the previous charge rates with new lower rates, effective from 1st November 1948. Under the new regulation, the charge for butter is set at one-twenty-fourth of a penny for each pound exported, while the charge for cheese is set at one-forty-eighth of a penny per pound. These rates are intended to replace the previous rates stipulated under the Dairy Produce Export Charges Act 1924-1937. The Regulations impose obligations on parties involved in the export of dairy produce from the Commonwealth. The new rates of charge must be applied and paid for all butter and cheese exported from the date the Regulations come into force. The Australian Dairy Produce Board, as constituted under the Dairy Produce Export Control Act 1924-1947, is responsible for ensuring compliance with these new rates. Exporters must ensure they are aware of and adhere to the new charge rates when exporting dairy products to avoid non-compliance. In terms of consequences for breach, the Regulations themselves do not explicitly detail offences, penalties, or specific consequences for non-compliance. However, the underlying Dairy Produce Export Charges Act 1924-1937 and any other relevant legislation would apply. Generally, failure to comply with export charge regulations could result in financial penalties or legal action. The exact penalties would depend on the severity and intent of the breach, and could potentially include fines or other civil remedies as prescribed by the relevant Acts and regulations. It is essential for exporters to ensure they are fully compliant with these charge rates to avoid any potential legal repercussions.