Dairy Produce Export Charge Regulations (Amendment)

Overview

The Statutory Rules 1927 No. 94, enacted by the Deputy of the Governor-General, establishes regulations under the Dairy Produce Export Charges Act 1924. These regulations came into operation on 1 July 1927, following the advice of the Federal Executive Council. The Act addresses the need to regulate and impose export charges on dairy products, specifically butter and cheese, to ensure compliance with the legislative framework set forth in the Act. The policy objective is to levy specific charges on dairy exports, as detailed in the regulations, to manage and monitor the export of these products effectively. The regulations amend previous rules to set new rates for export charges, demonstrating the ongoing need to adjust and refine the legislative approach to dairy exports.

Scope and Application

The Dairy Produce Export Charges Regulations 1927, made under the authority of the Dairy Produce Export Charges Act 1924, apply to entities involved in the export of dairy products such as butter and cheese from Australia. Specifically, these regulations govern the imposition and payment of export charges on such products, setting out the rates at which these charges are to be levied during the period from 1st July 1927. The regulations outline that the charge for butter exports is one-twentieth of a penny per pound, while the charge for cheese exports is one-fortieth of a penny per pound. These regulations have a national reach, applying across the Commonwealth of Australia, and are intended to regulate the export of dairy products by imposing a financial charge on exporters. There are no stated exclusions or exemptions within these regulations, and they establish a clear framework for the application of export charges to dairy products within the specified period. The regulations also allow for amendments to be made through subordinate instruments, providing flexibility to adjust the rates or other provisions as necessary.

Key Provisions

The primary operative sections of the Dairy Produce Export Charges Regulations (Statutory Rules 1927, No. 94) are found in Regulation 3, which amends the existing charge rates for the export of dairy products such as butter and cheese. Specifically, Regulation 3 sets out the charge rates for the twelve-month period beginning 1st July 1927. For butter, the charge is set at one-twentieth of a penny per pound (Regulation 3(a)), and for cheese, the charge is one-fortieth of a penny per pound (Regulation 3(b)). These rates replace the previous charge rates that were previously established under Regulation 3 of the Dairy Produce Export Charges Regulations 1925, as amended. These regulations impose specific obligations on parties exporting dairy produce. Exporters must ensure that they calculate and pay the prescribed charges accurately according to the rates specified in the Regulations. This involves determining the weight of the exported dairy products and applying the respective charge rates to each type of product. The charges must then be levied and paid in accordance with the provisions of section 3 of the Dairy Produce Export Charges Act 1924. Compliance with these requirements is necessary to avoid any legal repercussions and to ensure that the export charges are correctly accounted for. In terms of consequences for non-compliance, breaches of these regulations could lead to both civil and criminal penalties. Although the specific penalties are not detailed within the regulations themselves, the Act under which these regulations are made, the Dairy Produce Export Charges Act 1924, typically provides for a range of penalties for non-compliance. These could include fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or statutory provisions that apply. It is essential for parties subject to these regulations to adhere strictly to the prescribed charge rates to avoid any legal or financial consequences.