Dairy Produce Export Control Act 1938

Overview

The Dairy Produce Export Control Act 1938 was enacted to amend the existing Dairy Produce Export Control Act 1924-1937. This Act was introduced by the Commonwealth Parliament to address the need for updating the regulatory framework governing the export of dairy products in Australia. The policy objective of the Act was to ensure effective control and regulation of dairy exports, reflecting the evolving needs of the industry and market conditions. The Act made several amendments, including changes to the composition and appointment process of the Australian Dairy Produce Board, provisions for the appointment of deputies for Board members, and adjustments to the timeline for submitting the Board's annual report. This legislation aimed to provide a more streamlined and efficient regulatory environment for the dairy export industry.

Scope and Application

The Dairy Produce Export Control Act 1924-1938, as amended by the Dairy Produce Export Control Act 1938, primarily applies to the regulation of the export of dairy produce from Australia. The Act governs the activities of entities involved in the dairy industry, including processors, exporters, and other stakeholders, ensuring compliance with specified standards and controls. The legislation extends its jurisdiction across the Commonwealth of Australia, thereby affecting all states and territories uniformly. The Act's amendments introduce changes to the composition and operational procedures of the Australian Dairy Produce Board, including the appointment and term of its members, which are nominated by the Australian Council of The Australian Institute of Dairy Factory Managers and Secretaries. Notably, the Act does not specify exclusions or exemptions, but it does allow for the extension or restriction of its application through subordinate instruments issued under its authority.

Key Provisions

The Dairy Produce Export Control Act 1938 amends the existing Dairy Produce Export Control Act 1924-1937, introducing changes to the composition and functioning of the Australian Dairy Produce Board. Section 2 of the Act amends the Principal Act to modify the appointment process for one member of the Board. This member will now be appointed by the Governor-General on the nomination of the Australian Council of The Australian Institute of Dairy Factory Managers and Secretaries (section 2(1)(a)). Furthermore, section 2(1)(d) replaces and revises subsections (6) and (7) concerning the tenure and removal of Board members. Members, including the newly appointed one, now serve a three-year term and can be re-appointed or re-elected (section 2(6)). In cases of vacancy, the Governor-General appoints a replacement either on the nomination of the relevant Council or on the Board's recommendation (section 2(7)). Section 2(7a) stipulates that if no nomination is received by the specified deadline, the Governor-General may appoint a member of their choosing. Notably, the last member elected under the old provisions continues in office until the end of their term (section 2(2)). The Act imposes specific obligations on the Australian Dairy Produce Board, now including a nominated member representing The Australian Institute of Dairy Factory Managers and Secretaries. The Board must ensure this member's deputy is appointed according to section 3(1a), which states that if the nominated member is ill or absent, their deputy should be appointed on the nomination of the relevant Council. This amendment underscores the importance of continuity and representation in the Board's operations. Additionally, section 4 modifies the timeline for submitting the Board's annual report, shifting the deadline from July to the 30th of September (section 4). Failure to comply with the provisions of this Act may result in various consequences. While the Act does not explicitly detail offences, penalties, or consequences for non-compliance, it is reasonable to infer that breaches of the Board's operational requirements or reporting obligations could lead to administrative or legal repercussions. The Act's amendments are designed to enhance the governance and effectiveness of the Australian Dairy Produce Board, and any failure to adhere to these provisions could potentially undermine the objectives of the legislation. Therefore, parties governed by this Act must ensure strict compliance to avoid any adverse outcomes.