STATUTORY RULES.
1963. No.
REGULATIONS UNDER THE DAIRY PRODUCE EXPORT CHARGE ACT 1962.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council and after report to the Minister of State for Primary Industry by the Australian Dairy Produce Board constituted under the Dairy Produce Export Control Act 1924-1962, hereby make the following Regulations under the Dairy Produce Export Charge Act 1962.
Dated this twenty-second day of June, 1963.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
(sgd.) C. F. ADERMANN
Minister of State for Primary Industry.
Amendments of the Dairy Produce Export Charge Regulations. †
Commencement.
1. These Regulations shall come into operation on the first day of July, 1963.
2. After regulation 2 of the Dairy Produce Export Charge Regulations the following regulation is added:—
Rates of charge.
“3. The rate of charge specified in the table in this regulation in respect of a class of dairy produce is prescribed as the rate of charge for that class of dairy produce in lieu of the rate of charge specified in sub-section (3.) of section 5 of the Dairy Produce Export Charge Act 1962.
Class of Dairy Produce. | Rate of Charge. |
Butter ......................... | One fourth of a penny for each pound of butter exported |
Cheese ........................ | One eighth of a penny for each pound of cheese exported |
Ghee, butter fat and butter fat product.... | Five sixteenths of a penny for each pound of ghee, butter fat or butter fat product exported |
Casein ........................ | One twenty-eighth of a penny for each pound of casein exported |
Skimmed milk ................... | One fifty-sixth of a penny for each pound of skimmed milk exported”. |
* Notified in the Commonwealth Gazette on 28th June, 1963.
† Statutory Rules 1962, No. 45.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
5066/63.—Price 3d.
Overview
The Dairy Produce Export Charge Act 1962 was enacted by the Australian Parliament to introduce a charge on the export of dairy products, with the aim of generating revenue to support the industry and manage its export activities. This legislation was brought into force through Statutory Rules 1963, No. 56, issued on 22 June 1963, under the authority of the Governor-General, with the advice of the Federal Executive Council. The regulations specified the rates of charge for various dairy products, replacing the rates previously set out in the Act. This regulatory approach was designed to streamline the administration of export charges and ensure that the industry received appropriate support to maintain and enhance its export performance.
Scope and Application
The Dairy Produce Export Charge Regulations 1963, made under the authority of the Dairy Produce Export Charge Act 1962, apply to entities involved in the export of specific classes of dairy produce from Australia. The primary focus is on entities such as exporters, producers, and processors of dairy products like butter, cheese, ghee, butter fat, butter fat products, casein, and skimmed milk. The regulations determine the rates of charge for these products, effectively replacing the rates previously specified in the Act. The geographic scope of these regulations is national, as they pertain to exports from Australia and are therefore applicable across all states and territories within the Commonwealth of Australia. Any exclusions or exemptions are not explicitly stated within the provided excerpt, but generally, regulations of this nature typically apply to all relevant transactions unless otherwise specified in subordinate instruments or additional legislation. The establishment of these rates through statutory rules aims to standardise the charges for exported dairy products, facilitating clearer financial obligations for those involved in the export process.
Key Provisions
The key operative sections of these Regulations (1963 No. 5066) under the Dairy Produce Export Charge Act 1962 (C1963L00056) establish the rates of charge for various classes of dairy produce exported from Australia. Section 3 introduces a new regulation that specifies the rate of charge for each type of dairy product, replacing the previous rates outlined in the Act. These rates are detailed in a table that lists the charge for butter, cheese, ghee, butter fat, butter fat products, casein, and skimmed milk, each specified as a fraction of a penny per pound of the product exported.
The Regulations impose specific obligations on parties involved in the export of dairy products. These obligations include adhering to the new rates of charge as outlined in Section 3. Exporters must ensure that the correct charge is applied to their exports, as per the class of dairy produce they are exporting. This means that the appropriate fraction of a penny per pound must be accounted for in the export documentation and remitted as part of the export charge.
Failure to comply with the new rates of charge can result in civil and criminal consequences. While the specific penalties are not detailed within the text of these Regulations, the underlying Act, the Dairy Produce Export Charge Act 1962, likely provides for penalties that could be imposed. Generally, such penalties might include fines or other financial penalties for non-compliance, and potentially criminal charges for deliberate or repeated breaches. These could be severe, depending on the nature and extent of the breach, and may involve court proceedings and associated legal costs.