DAIRY PRODUCE EXPORT CONTROL.
No. 24 of 1942.
An Act to amend the Dairy Produce Export Control Act 1924–1938.
[Assented to 9th June, 1942.]
[Date of commencement, 7th July, 1942.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Dairy Produce Export Control Act 1942.
(2.) The Dairy Produce Export Control Act 1924–1938 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Dairy Produce Export Control Act 1924–1942.
2. After section thirteen of the Principal Act the following section is inserted:—
Powers and functions of Board.
“13a. The Board may—
(a) make recommendations to the Minister in relation to the making of regulations for the purpose of controlling the export, and the sale and distribution after export, of Australian dairy produce;
(b) make reports and suggestions to the Minister on such matters as the quality, standards and grading of any particular class or kind of dairy produce to be exported from Australia; and
(c) with the approval of the Minister, take, or arrange for the taking of, either on its own behalf or in collaboration with any other Board or authority, any action which, in the opinion of the Board, is likely—
(i) to lead to the improvement of the quality of dairy produce, or the prevention of deterioration, before or during transport from Australia of dairy produce; or
(ii) to expand existing markets or to secure new markets for dairy produce,
and shall have such other powers and functions as are conferred by this Act.”.
Application of moneys paid into fund.
3. Section twenty-two of the Principal Act is amended—
(a) by omitting from paragraph (d) the word “and”; and
(b) by adding at the end thereof the following paragraphs:—
“(f) In payment of any costs or expenses incurred in connexion with the doing or undertaking of any act, matter or thing which, in the opinion of the Board, is likely to improve the quality or to promote the sale of dairy produce and in particular in connexion with the carrying out of any arrangement which the Board enters into with any authority constituted to extend the sale of products of Australia; and
“(g) In payment of any expenses arising out of any action taken under section thirteen a of this Act.”.
Overview
The Dairy Produce Export Control Act 1942 was enacted to amend the earlier Dairy Produce Export Control Act 1924–1938, addressing the need for enhanced regulatory mechanisms to manage the export of dairy produce from Australia. This legislation was introduced by the Commonwealth Parliament to bolster the oversight and control of dairy exports, ensuring quality standards and market expansion. The Act aimed to empower the relevant Board to make recommendations and reports to the Minister concerning the regulation of dairy exports, as well as to take actions that could lead to the improvement of dairy produce quality and the securing of new markets. The policy objective was to safeguard the interests of Australian dairy producers by improving the quality and marketability of their exports.
Scope and Application
The Dairy Produce Export Control Act 1942, as amended, applies to the regulation and control of the export, sale, and distribution of Australian dairy produce. This Act empowers the Board to make recommendations to the Minister concerning regulations and to take actions aimed at improving the quality of dairy products and expanding market opportunities. The Act is applicable across the Commonwealth of Australia, and its provisions extend to any person or entity involved in the export of dairy produce from Australia. The Act includes specific provisions for the application of funds collected to cover costs related to quality improvement and market expansion activities. The Act allows for the creation of subordinate instruments to further detail and extend its application, ensuring that it can adapt to changes in market conditions and regulatory needs.
Key Provisions
The Dairy Produce Export Control Act 1942 introduces several key provisions, notably amending the earlier Dairy Produce Export Control Act 1924–1938. The main operative sections of this Act (sections 1, 2, and 3) concern the powers of the Board and the application of funds paid into the export control fund. Section 2(1) inserts a new section 13a into the Principal Act, granting the Board specific powers and functions related to dairy produce exports. These powers include making recommendations to the Minister about regulations for export control (13a(a)), reporting on quality, standards, and grading of dairy produce (13a(b)), and taking actions to improve dairy quality or expand markets with Ministerial approval (13a(c)). Section 3 amends the Principal Act's section 22, specifying new uses for the export control fund, such as covering costs for activities that improve dairy quality or promote sales and expenses arising from actions taken under section 13a.
The Act imposes certain obligations on the Board, primarily concerning the control and enhancement of dairy produce exports. The Board is required to make recommendations and reports to the Minister about regulations and quality standards (section 13a(a) and (b)). Additionally, the Board can take actions to improve dairy quality or expand markets, but only with the Minister's approval (section 13a(c)). The Board must also ensure that funds from the export control fund are used appropriately, specifically for activities aimed at improving dairy quality or promoting sales and for expenses related to actions under section 13a.
The Act does not explicitly state any offences or penalties for breaches. However, given the nature of the legislation and the importance of compliance with export regulations, it is reasonable to infer that breaches could lead to civil or criminal consequences. While the Act does not specify maximum penalties, any failure to comply with the Board's recommendations or misuse of the export control fund could result in legal action, fines, or other sanctions under related laws or regulations.