Dairy Produce Export Control Act 1953

Legislation au C1953A00037 Not in force Act

Legislation content

DAIRY PRODUCE EXPORT CONTROL.

 

No. 37 of 1953.

An Act to amend the Dairy Produce Export Control Act 1924-1947.

[Assented to 24th April, 1953.]

BE it enacted by the Queen’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 1953.

(2.) The Dairy Produce Export Control Act 1924-1947 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 1924-1953.

Commencement.

2.—(1.) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2.) Sections seven and eight of this Act shall come into operation on such dates as are respectively fixed by Proclamation.

Australian Dairy Produce Board.

3. Section four of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (2.) the word “two” and inserting in its stead the word “three”: and


(b) by omitting sub-section (4.) and inserting in its stead the following sub-section:—

“(4.) Each member appointed to represent the dairy farmers of Australia shall be a person chosen by the Minister from among persons whose names have been submitted to him by the Australian Dairy Farmers Federation or by another organization of dairy farmers.”.

Deputies of members.

4. Section seven of the Principal Act is amended by omitting from sub-section (1a.) the words “upon the nomination of the Australian Dairy Farmers Federation” and inserting in their stead the words “from among persons whose names have been submitted to the Minister, by the Australian Dairy Farmers Federation or by another organization of dairy farmers, for the purposes of sub-section (4.) of section four of this Act or for the purposes of this section”.

Salaries, fees, allowances and expenses.

5. Section eight of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “salaries, fees and expenses as are prescribed” and inserting in their stead the words “salaries, fees, allowances and expenses as the Governor-General determines”; and

(b) by omitting from sub-section (2.) the word “fees” (first occurring) and inserting in its stead the words “salary, fees or allowances”.

Meetings of the Board.

6. Section ten of the Principal Act is amended by omitting sub-section (5a.).

7. Section thirteen of the Principal Act is repealed and the following section inserted in its stead:—

Employment of staff.

“13.—(1.) Subject to this section, the Board may employ such persons as it thinks necessary to assist the Board in exercising its powers and performing its functions under this Act.

“(2.) The terms and conditions of employment of persons employed under this section shall be such as are determined by the Board with the approval of the Public Service Board.

“(3.) Where a person employed in pursuance of this section was, immediately before he became employed by the Board, an officer of the Public Service of the Commonwealth, his service as a person employed by the Board shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth, and the Officers’ Rights Declaration Act 1928-1953 applies as if this Act and this section had been specified in the Schedule to that Act.”.

8. Sections fourteen to sixteen (inclusive) of the Principal Act are repealed and the following section is inserted in their stead:—

Power to make regulations controlling export of dairy produce.

“14.—(1.) For the purpose of enabling the Board effectively to control the export, and the sale and distribution after export, of


Australian dairy produce, the regulations may prohibit the export from the Commonwealth of dairy produce—

(a) except by a person who holds a licence granted as prescribed; and

(b) except in accordance with such conditions and restrictions as are prescribed after recommendation to the Minister by the Board.

“(2.) A person shall not export dairy produce from the Commonwealth in contravention of the regulations (including the prescribed conditions and restrictions).

Penalty: One hundred pounds.”.

9. Section nineteen of the Principal Act is repealed and the following sections are inserted in its stead:—

Contracts for shipment of dairy produce.

“19.—(1.) A contract for the carriage of dairy produce by sea to a place beyond the Commonwealth shall not be made except—

(a) by the Board acting as the agent of the owner of the dairy produce or of another person having authority to export the dairy produce; or

(b) in conformity with conditions approved by the Board.

“(2.) A contract for the carriage of dairy produce by sea to a place beyond the Commonwealth made otherwise than in accordance with this section is void.

“(3.) A Collector of Customs or other officer of Customs may require a person who seeks to export dairy produce from the Commonwealth, on making entry of the dairy produce under the Customs Act 1901-1952 and before the entry has been passed, to satisfy him that the contract for the carriage of the dairy produce is in conformity with conditions approved by the Board, and the Collector or other officer may decline to pass the entry until that person has so satisfied him.

Operation of Customs Act and Commerce (Trade Descriptions) Act not affected.

“19a. Nothing in this Act or the regulations affects the operation of the Customs Act 1901-1952 or of the Commerce (Trade Descriptions) Act 1905-1950, or of regulations made under either or both of those Acts.”.

Finance.

10. Section twenty b of the Principal Act is amended by inserting in sub-section (1.), after the words “Commonwealth Bank of Australia”, the words “,and may open and maintain with any other prescribed bank,”.

Application of moneys paid into accounts or Fund.

11. Section twenty-two of the Principal Act is amended by omitting paragraphs (c) and (d) and inserting in their stead the following paragraph:—

“(c) in payment of the salaries, fees, allowances and expenses payable under sections eight, twelve and thirteen of this Act;”.

Overview

The Dairy Produce Export Control Act 1953 was enacted by the Commonwealth Parliament to amend the Dairy Produce Export Control Act 1924-1947, addressing issues surrounding the regulation and control of dairy produce exports from Australia. The Act aimed to strengthen the powers of the Australian Dairy Produce Board in managing the export of dairy products, including the implementation of stricter control measures and clearer guidelines for export licensing and contractual agreements. This legislative update sought to ensure that dairy exports were conducted in a manner that was consistent with national economic interests and international trade obligations. The policy objective behind the Act was to provide the Australian Dairy Produce Board with enhanced authority to regulate the export of dairy products, including the power to make regulations that prohibit the export of dairy produce except by licence and under specified conditions. This was achieved by amending several sections of the Principal Act, including those related to the composition of the Board, the employment of staff, the control of export activities, and the application of moneys collected. The Act also clarified the relationship between its provisions and other relevant Acts, such as the Customs Act 1901-1952 and the Commerce (Trade Descriptions) Act 1905-1950, ensuring that the operations of these Acts were not affected by the new provisions introduced.

Scope and Application

The Dairy Produce Export Control Act 1953 amends the earlier Dairy Produce Export Control Act 1924-1947 to better regulate the export of Australian dairy produce. This Act applies to the Australian Dairy Produce Board, whose members are appointed by the Minister from nominees submitted by the Australian Dairy Farmers Federation or another organisation of dairy farmers. The Board has the authority to employ staff and make regulations to control the export of dairy produce, including prohibiting exports except by licence and under prescribed conditions and restrictions. The Act also stipulates that contracts for the carriage of dairy produce by sea to locations beyond the Commonwealth must either be made by the Board acting as the agent of the dairy produce owner or another authorised exporter, or conform to conditions approved by the Board. Contravention of these provisions can lead to penalties, and customs officers are empowered to enforce compliance. The Act applies nationally across Australia and does not affect the operation of other related legislation such as the Customs Act or the Commerce (Trade Descriptions) Act.

Key Provisions

The Dairy Produce Export Control Act 1953 primarily amends the Dairy Produce Export Control Act 1924-1947 (referred to as the Principal Act) by updating the composition and appointment processes of the Australian Dairy Produce Board (sections 3 and 4). Specifically, section three of the Act alters the membership of the Board, now requiring three members instead of two and specifying that each member representing dairy farmers must be chosen by the Minister from nominees submitted by the Australian Dairy Farmers Federation or another organization of dairy farmers. Section four further refines the appointment of deputies for Board members, allowing the Minister to select from nominees submitted by the Australian Dairy Farmers Federation or another organization of dairy farmers. Under the new Act, the Board is granted enhanced authority to control the export of dairy produce (section 14). The Board can now make regulations prohibiting the export of dairy produce, except under specific conditions such as holding a licence or complying with prescribed conditions and restrictions recommended by the Board. Additionally, the Board is empowered to employ necessary staff, with terms and conditions of employment determined by the Board but approved by the Public Service Board (section 13). The Board can also enter into contracts for the carriage of dairy produce by sea to locations beyond the Commonwealth, ensuring such contracts are made either by the Board acting as the agent or in conformity with approved conditions (section 19). The Act imposes several obligations and requirements on the Board and other relevant parties. The Board must ensure that any export of dairy produce complies with the regulations made under the Act, which may include prohibiting exports except by licence holders or under specific conditions (section 14). The Board also has the authority to employ staff under approved terms and conditions, ensuring that any former public service officers' rights are preserved (section 13). Additionally, contracts for the carriage of dairy produce by sea must either be made by the Board or conform to conditions approved by the Board (section 19). Failure to comply with the provisions of the Act and its regulations can result in civil and criminal consequences. Specifically, exporting dairy produce in contravention of the regulations is an offence, with a penalty of one hundred pounds (section 14). Furthermore, any contract for the carriage of dairy produce by sea made in contravention of the Board's conditions is void, and customs officers can refuse to pass an entry for dairy produce until compliance with the Board's conditions is assured (section 19). The Act also clarifies that its provisions do not affect the operation of the Customs Act 1901-1952 or the Commerce (Trade Descriptions) Act 1905-1950 (section 19a).

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.