STATUTORY RULES.
1939. No. 141.
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 November, 1939, should be at the rates prescribed by the Regulations hereunder, 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 Eighth day of November, 1939.
(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 Regulation 3 of the Dairy Produce Export Charges Regulations is repealed and the following regulation inserted in its stead:—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-fiftysixth of a penny for each pound of butter exported; and
(b) the rate of charge in respect of cheese shall be one-one hundred and twelfth of a penny for each pound of cheese exported.”.
Commencement.
2. These Regulations shall be deemed to have come into operation on the first day of November, 1939.
* Notified in the Commonwealth Gazette on , 1939.
† Statutory Rules 1937, No. 117, as amended by Statutory Rules 1939, No. 80.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6537.—8/1.11.1939.—Price 3d.
Overview
The Statutory Rules 1939, No. 141, were enacted to amend the rates of the Dairy Produce Export Charges Regulations under the Dairy Produce Export Charges Act 1924-1937. This legislative instrument was introduced to address the need for revised charges on dairy produce exported from the Commonwealth, as recommended by the Australian Dairy Produce Board. The regulation was made by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, following a report from the Australian Dairy Produce Board to the Minister. The policy objective of this regulation was to reduce the export charges on dairy produce to ensure competitiveness in the international market while maintaining the oversight and control established by the parent act. These regulations came into operation on 1 November 1939, implementing the lower rates of charge for butter and cheese as prescribed.
Scope and Application
The Dairy Produce Export Charges Act 1924-1937 applies to the charges imposed on the export of dairy produce from the Commonwealth of Australia, specifically focusing on the regulation and reduction of these charges. The Act allows the Governor-General, upon the advice of the Australian Dairy Produce Board and the Minister, to establish regulations that set lower rates for the export charges. The legislation is applicable to all entities and individuals involved in the export of dairy products such as butter and cheese from Australia. The geographic reach of the Act is national, governing the entire Commonwealth. The Regulations under this Act, which specify the reduced rates for the export charges, are intended to take effect from the first day of November 1939, and they extend to all exports of dairy products from that date onwards. The Act does not specify any exclusions or exemptions, meaning that all exports of butter and cheese are subject to the prescribed charges unless otherwise provided by subordinate instruments.
Key Provisions
The main operative sections of these regulations (Regulation 3) specify the rates at which charges are to be imposed on the export of dairy produce, specifically butter and cheese, from the Commonwealth. Regulation 3 replaces the previous rate of charge with a new rate, which is one-fifty-sixth of a penny for each pound of butter exported and one-one hundred and twelfth of a penny for each pound of cheese exported (Regulation 3(a) and (b)). These rates are lower than those previously imposed under the Dairy Produce Export Charges Act 1924-1937.
These regulations impose obligations on parties and entities involved in the export of dairy produce from Australia. They require adherence to the new rates of charge specified in Regulation 3, ensuring that exporters correctly account for and pay the charges in accordance with the prescribed rates. The regulations ensure consistency and clarity in the application of export charges for dairy products, thereby facilitating compliance and enforcement by relevant authorities.
Breach of these regulations could result in civil or administrative penalties. While the specific penalties are not detailed in the text, the general legal framework under which these regulations operate implies that non-compliance could lead to fines or other civil consequences. The precise penalties would depend on the extent and nature of the breach, and would be determined according to the applicable laws and regulations in force at the time of the breach. It is important for exporters to be aware of these obligations and ensure they comply with the specified rates to avoid any potential penalties.