Dairy Produce Export Charges Act 1924

Overview

The Dairy Produce Export Charges Act 1924 was enacted by the Commonwealth Parliament to address the need for financial regulation and control over the export of dairy products, specifically butter and cheese, from Australia. The Act imposes charges on the export of these dairy products, intended to generate revenue and exert some control over the export market. The charge rates are set at one-eighth of a penny per pound for butter and one-sixteenth of a penny per pound for cheese, although the Governor-General has the authority to set lower rates through regulations. The proceeds from these charges are to be collected by the Collector of Customs prior to the export of the dairy products. This Act complements the Dairy Produce Export Control Act 1924, working in tandem to manage and regulate the export of dairy products from the Commonwealth.

Scope and Application

The Dairy Produce Export Charges Act 1924 applies to all dairy produce, specifically butter and cheese, exported from the Commonwealth of Australia. The Act imposes a charge on the export of these products, with the specified rates for butter and cheese outlined in the legislation. The charge is to be levied and paid on all such dairy produce exported after a date to be fixed by Proclamation. The moneys collected from these charges are to be paid to the Collector of Customs before the entry of the dairy produce for export. The Act allows for the Governor-General to make regulations, following a report from the Dairy Produce Control Board, to prescribe lower rates for the charges imposed on the export of butter and cheese. The Act’s duration is subject to termination by a date fixed by the Governor-General through Proclamation. The scope of the Act is confined to the Commonwealth of Australia, and its application is specific to the export of dairy produce as defined within the Act.

Key Provisions

The main sections of the Dairy Produce Export Charges Act 1924 (section 1) establish the Act's short title and its scope, while section 2 defines key terms such as "dairy produce," which for the purposes of this Act includes butter and cheese. The central provision of the Act is section 3, which imposes a charge on the export of dairy produce from the Commonwealth, with specific rates for butter and cheese, as well as the requirement for these charges to be paid to the Collector of Customs before the entry of the dairy produce for export. Section 4 allows the Governor-General to make regulations that may prescribe lower rates for the charges on butter and cheese, subject to the Dairy Produce Control Board’s report to the Minister. The Act imposes several obligations on the parties involved. Primarily, it requires exporters of dairy produce to pay the specified charges to the Collector of Customs before the export entry is made (section 3(3)). Additionally, it allows the Governor-General to adjust these charges by regulation (section 4), following a report from the Dairy Produce Control Board. The Act also empowers the Governor-General to determine the duration of the Act through a proclamation, thus providing flexibility in its application over time. Breaches of the Act could lead to civil or criminal consequences, though the Act itself does not specify particular offences, penalties, or consequences for non-compliance. The absence of detailed provisions regarding penalties suggests that enforcement mechanisms and specific sanctions would be determined under related legislation or regulations. However, it is reasonable to infer that failure to comply with the charge payment requirement could result in legal action to recover the unpaid charges or other civil remedies, while more severe breaches might be subject to criminal penalties if addressed under broader legislative frameworks.