Dairy Produce Export Control Act 1954

Legislation au C1954A00017 Not in force Act

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DAIRY PRODUCE EXPORT CONTROL.

 

No. 17 of 1954.

An Act to amend the Dairy Produce Export Control Act 1924-1953.

[Assented to 20th April, 1954.]

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 1954.

(2.) The Dairy Produce Export Control Act 1924-1953 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 1924-1954.

Commencement.

2. This Act shall come into operation on a date to be fixed by Proclamation.

London representation.

3. Section twelve of the Principal Act is amended; by adding at the end thereof the following sub-sections:—

“(3.) With the approval of the Minister, the Board may, in relation to a particular place and a particular matter or class of matters, by writing under its seal, delegate to a person appointed under this


section as the representative of the Board in London all or any of the powers and functions of the Board under this Act and the regulations (except this power of delegation) so that the delegated powers and functions may be exercised by the representative with respect to the place and the matter or class of matters specified in the instrument of delegation.

“(4.) A delegation under this section is revocable at will and does not prevent the exercise of a power or function by the Board.”.

4.—(1.) Sections fourteen to sixteen (inclusive) of the Principal Act are repealed and the following sections inserted in their stead:—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.) The regulations made for the purposes of paragraph (b) of the last preceding sub-section may provide that, except with the approval of the Board, a person other than the Board shall not export dairy produce to the United Kingdom unless an arrangement has been made between the Board and the person for the sale and disposal of the dairy produce in the United Kingdom by the Board on behalf of the person.

“(3.) 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.

Power of Board to purchase and sell dairy produce intended for export.

“15.—(1.) Subject to any direction of the Minister, the Board may—

(a) purchase dairy produce intended for export;

(b) sell dairy produce so purchased; and

(c) manage and control all matters connected with the handling, storage, protection, treatment, transfer and shipment of dairy produce so purchased.

“(2.) Where the Board has purchased, or agreed to purchase, dairy produce, the Board shall not make, and the vendor is not entitled to receive, before the Board has sold the dairy produce, a payment


in respect of the purchase of the dairy produce by the Board that is in excess of an amount determined by the Board in accordance with a rate approved by the Minister.”.

(2.) Section eight of the Dairy Produce Export Control Act 1953 is repealed.

Contracts for shipment of dairy produce.

5. Section nineteen of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(4.) This section does not apply to or in relation to dairy produce owned by the Board.”.

Particular powers of Board.

6. Section twenty of the Principal Act is amended—

(a) by adding at the end of paragraph (d) of sub-section (1.) the word “and”;

(b) by omitting from paragraph (e) of sub-section (1.) the word” and “(last occurring);

(c) by omitting paragraph (f) of sub-section (1.); and

(d) by inserting after sub-section (1.) the following sub-section:—

“(1a.) An arrangement made between the Board and the owner of dairy produce for the sale and disposal of the dairy produce by the Board on behalf of the owner may authorize the Board to receive the proceeds of the sale of the dairy produce and may provide—

(a) that the amount to be paid by the Board to the owner of the dairy produce in respect of the sale shall be such amount as is determined by the Board in accordance with the arrangement; and

(b) that the principle upon which the amount shall be determined shall be—

(i) a pooling of the proceeds of the sale and the proceeds of other sales of similar dairy produce of the same quality made by the Board at or about the same time or during a specified period; and

(ii) the division, after the Board has deducted from the pool the expenses incurred by the Board in connexion with the sales, of the balance of the pool among the owners of the dairy produce included in the sales on the basis of the quantity of dairy produce sold on behalf of each owner, with proper allowance for necessary adjustments in particular cases.”.


Finance.

7. Section twenty b of the Principal Act is amended by omitting from sub-section (2.) the words “to the Commonwealth for use by the Board on behalf of the Commonwealth” and inserting in their stead the words “to the Board for use by the Board”.

Application of moneys paid into accounts or Fund.

8. Section twenty-two of the Principal Act is amended by omitting from paragraph (e) the words “to the Commonwealth”.

 

Overview

The Dairy Produce Export Control Act 1954 was enacted by the Commonwealth Parliament to amend the Dairy Produce Export Control Act 1924-1953. This legislation was introduced to address the need for more effective control over the export, sale, and distribution of Australian dairy produce. The Act aims to provide the Dairy Produce Board with enhanced powers and flexibility to manage the export process, ensuring it is carried out efficiently and in the best interest of the industry. By enabling the Board to delegate certain powers to a representative in London and allowing for the purchase and sale of dairy produce, the Act seeks to streamline operations and improve the distribution of Australian dairy products internationally. The Dairy Produce Export Control Act 1954 also focuses on the financial aspects of the Board's operations, clarifying the allocation and use of funds. The Act specifies that any moneys paid into accounts or the Fund will be used by the Board rather than being directed to the Commonwealth. This change is intended to provide the Board with greater autonomy in managing its finances and resources, ensuring they can effectively carry out their responsibilities. The policy objective of this Act is to strengthen the regulatory framework governing the export of Australian dairy produce, ultimately benefiting the industry and its stakeholders.

Scope and Application

The Dairy Produce Export Control Act 1954 amends the original Dairy Produce Export Control Act 1924-1953 to refine and enhance the mechanisms for regulating the export of Australian dairy produce. The Act applies to the Board, which is empowered to control the export and sale of dairy produce in coordination with the Minister, as well as to any person or entity exporting dairy produce from the Commonwealth. The provisions extend to the Commonwealth as a whole, encompassing all states and territories under federal jurisdiction. The Act allows for the delegation of the Board’s powers to a representative in London with ministerial approval and includes specific provisions for the regulation of exports, including the requirement for export licenses and adherence to conditions set by the Board. Additionally, the Board is granted authority to purchase and manage dairy produce intended for export, with provisions for the equitable distribution of sale proceeds among producers. The Act explicitly excludes certain dairy produce owned by the Board from specific contractual provisions, and it outlines financial arrangements for the use of funds collected under the Act.

Key Provisions

The Dairy Produce Export Control Act 1954 amends the existing Dairy Produce Export Control Act 1924-1953 to refine and update the regulatory framework governing the export of dairy produce from Australia. Section 1 of the Act provides the short title and citation of the new legislation, and Section 2 establishes that the Act will commence on a date to be fixed by Proclamation. Section 3 introduces new sub-sections to allow the Board to delegate certain powers and functions to a representative in London, subject to ministerial approval, to better manage exports in specific contexts. The Act imposes several obligations and requirements on the parties involved. Section 14(1) mandates that exports of Australian dairy produce can only occur with a valid licence and under conditions and restrictions prescribed by the Board and approved by the Minister. Section 14(2) further stipulates that exports to the United Kingdom require an arrangement with the Board for sale and disposal unless otherwise approved by the Board. Section 15 grants the Board the authority to purchase, sell, and manage dairy produce intended for export, subject to ministerial direction. Section 15(2) imposes a limit on payments to vendors before the produce is sold by the Board, ensuring financial oversight. Failure to comply with the provisions of this Act can result in significant consequences. Section 14(3) imposes a penalty of one hundred pounds for exporting dairy produce in contravention of the regulations. These penalties serve as a deterrent to non-compliance, ensuring adherence to the regulatory framework established by the Act. The amendments and new provisions collectively aim to strengthen control over the export of dairy produce, ensuring it is managed efficiently and in the best interest of stakeholders involved.

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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.