STATUTORY RULES.
1940. No. 180.
REGULATIONS UNDER THE DAIRY PRODUCE EXPORT CHARGES ACT 1924-1937.*
WHEREAS by section 4 of the Dairy Produce Export Charges Act 1924-1937 it is enacted that the Governor-General may, after report to the Minister by the Australian Dairy Produce Board constituted under the Dairy Produce Export Control Act 1924-1938, make regulations prescribing lower rates of the charges imposed on dairy produce exported from the Commonwealth:
And whereas the said Australian Dairy Produce Board has reported to the Minister that the rates of the charges to be imposed on dairy produce exported from the Commonwealth on or after the first day of September, 1940, should be one-twentieth of a penny for each pound of butter exported and one-fortieth of a penny for each pound of cheese exported, being lower rates than the rates imposed by the Dairy Produce Export Charges Act 1924-1937:
Now therefore I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Dairy Produce Export Charges Act 1924-1937.
Dated this twenty first day of August, 1940.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for Commerce.
Amendment of the Dairy Produce Export Charges Regulations.†
1. Regulation 3 of the Dairy Produce Export Charges Regulations is repealed and the following regulation inserted in its stead:—
Rates of charge on exported dairy produce.
“3. The charge imposed and to be levied and paid under section 3 of the Dairy Produce Export Charges Act 1924-1937 shall be imposed, levied and paid at the following rates:—
(a) the rate of the charge in respect of butter shall be one-twentieth of a penny for each pound of butter exported; and
(b) the rate of charge in respect of cheese shall be one-fortieth of a penny for each pound of cheese exported.”.
Commencement.
2. These Regulations shall come into operation on the first day of September, 1940.
* Notified in the Commonwealth Gazette on August, 1940.
† Statutory Rules 1937, No. 117, as amended by Statutory Rules 1939, Nos. 80 and 141.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4993.—6/12.8.1940.—Price 3d
Overview
The Dairy Produce Export Charges Act 1924-1937, enacted by the Commonwealth Parliament, was designed to impose export charges on dairy produce leaving Australia, allowing for the regulation of the export market and ensuring that the industry could maintain sustainable practices. This act provided a framework for setting the export charges, which could be adjusted through subsequent legislative instruments. The Dairy Produce Export Charges Regulations 1940, established under the authority of this act, sought to amend the existing rates to reflect current market conditions and the recommendations of the Australian Dairy Produce Board. These regulations, enacted by the Governor-General in Council, aimed to lower the export charges on dairy products to stimulate export activities and support the dairy industry during a period of economic adjustment. The new rates, one-twentieth of a penny per pound for butter and one-fortieth of a penny per pound for cheese, were introduced to provide relief and encourage greater participation in the international market.
Scope and Application
The Dairy Produce Export Charges Regulations 1940, made under the authority of the Dairy Produce Export Charges Act 1924-1937, apply to the rates of charge imposed on dairy produce exported from the Commonwealth. Specifically, these regulations set out the new rates for charges on butter and cheese exported from Australia, reflecting recommendations from the Australian Dairy Produce Board. This legislative instrument is applicable to entities and individuals involved in the export of butter and cheese, effectively governing the financial obligations associated with the export of these dairy products. The regulations pertain to transactions involving the export of dairy produce, and their jurisdictional reach extends to the entire Commonwealth of Australia. There are no stated exclusions, exemptions, or thresholds within these regulations, which directly amend the previously established rates. The applicability and enforcement of these regulations are further extended and potentially restricted through subordinate instruments, as authorised by the parent Act.
Key Provisions
The key operative sections of these regulations are found in Regulation 3 (subsection 3), which replaces the previous regulation regarding the rates of charge on exported dairy produce. Specifically, it mandates that the charge for butter will now be one-twentieth of a penny for each pound exported and the charge for cheese will be one-fortieth of a penny for each pound exported (Reg. 3(a) and (b)). These new rates will be imposed, levied, and paid under section 3 of the Dairy Produce Export Charges Act 1924-1937.
These regulations impose obligations on parties involved in the export of dairy produce from Australia. They require that the new charge rates be implemented and adhered to for all exports of butter and cheese beginning on the first day of September, 1940 (Reg. 2). This means that exporters must calculate and pay the specified charges according to the new rates set out in Regulation 3(a) and (b).
Any breach of these regulations may result in civil or criminal consequences. However, the specific nature of these consequences is not detailed within the text of these regulations. The potential penalties for non-compliance would likely be outlined in the primary Act, the Dairy Produce Export Charges Act 1924-1937, and could include fines or other enforcement actions. The maximum penalties are not specified within these regulations but would be found in the principal Act.