Dairy Produce Export Charge Regulations

Overview

The Dairy Produce Export Charge Regulations were made under the authority of the Dairy Produce Export Charge Act 1962 by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. These Regulations, which were notified in the Commonwealth Gazette on 25th January 1962, aim to implement the provisions of the Act by specifying the officers who are authorised to collect export charges on dairy produce. The policy objective of the Act was to provide a mechanism for collecting charges on dairy produce exported from Australia, ensuring that the revenue generated supports the dairy industry and related activities. The Regulations list the prescribed officers for various departments in different states and territories, identifying them as authorised to perform the duty of collecting the export charge at specified locations.

Scope and Application

The Dairy Produce Export Charge Regulations, made under the Dairy Produce Export Charge Act 1962, establish specific officers within various Departments of Primary Industry and Customs and Excise across Australia who are authorised to perform duties related to the collection of export charges on dairy products. The regulations identify particular officers within each department and specify the locations where these duties are to be performed, as well as the Treasury Regulations that govern their appointments. This regulatory framework ensures that the collection process is conducted by appropriately designated personnel, who are recognised under the law for their specific roles in these locations. The regulations apply to officers working in designated places within the Departments of Primary Industry and Customs and Excise across multiple states and territories, thereby providing a structured and systematic approach to the enforcement of the Dairy Produce Export Charge Act.

Key Provisions

The Dairy Produce Export Charge Regulations (C1962L00045) are made under the authority of the Dairy Produce Export Charge Act 1962. These Regulations, effective from June 20, 1962, outline specific roles and requirements for certain officers involved in the collection of the export charge on dairy produce. Regulation 2 of the Act specifies that officers from various departments in different states, such as the Department of Primary Industry and Department of Customs and Excise, are designated as prescribed officers when they perform their duties at particular locations and hold specific appointments as listed in the Schedule. This ensures a clear and structured process for the collection of the export charge on dairy produce as required by the Act. The obligations imposed by these Regulations include ensuring that designated officers are properly appointed and that they perform their duties at the specified locations. For instance, an officer from the Department of Primary Industry in New South Wales must be stationed in Sydney and hold the appointment of Collector of Public Moneys to be considered a prescribed officer. This delineation is crucial to maintain a transparent and accountable system for the collection of the export charge. The Regulations also mandate that these officers comply with the Treasury Regulations to ensure proper financial management and reporting mechanisms are in place. Failure to comply with the provisions of these Regulations could lead to various consequences, although specific penalties are not detailed within the text provided. Generally, non-compliance with statutory regulations could result in civil or criminal penalties, depending on the severity and intent of the breach. For example, if an officer fails to perform their duties correctly or is not appropriately appointed, it could lead to legal action against both the individual and the relevant department. Such actions might include fines, suspension, or even prosecution, depending on the nature and impact of the non-compliance. These potential consequences underscore the importance of adhering to the Regulations to avoid legal repercussions and ensure the smooth operation of the dairy produce export charge system.