Dairy Produce Export Control Act 1958

Legislation au C1958A00074 Not in force Act

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DAIRY PRODUCE EXPORT CONTROL.

 

No. 74 of 1958.

An Act to amend the Dairy Produce Export Control Act 1924-1954.

[Assented to 10th October, 1958.]

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 1958.


(2.) The Dairy Produce Export Control Act 1924-1954 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 1924-1958.

Commencement.

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

(2.) Section eleven of this Act shall come into operation on the first day of July, One thousand nine hundred and fifty-nine.

(3.) Each section inserted in the Principal Act by a section of this Act shall come into operation on the date on which the last-mentioned section comes into operation.

Australian Dairy Produce Board.

3.—(1.) Section four of the Principal Act is amended—

(a) by omitting from paragraph (d) of sub-section (2.) the word “and” (last occurring);

(b) by adding at the end of sub-section (2.) the following word and paragraph:—

“;and (f) one other member.”;

(c) by omitting from sub-section (3.) the word “Governor-General” and inserting in its stead the word “Minister”;

(d) by omitting from sub-section (8.) the word “nominated” and inserting in its stead the word “chosen”; and

(e) by omitting sub-sections (9.) to (13.) (inclusive) and inserting in their stead the following sub-sections:—

“(9.) The member referred to in paragraph (f) of sub-section (2.) of this section shall be appointed on the recommendation of the Board.

“(10.) The member appointed to represent the Commonwealth Government shall be the Chairman of the Board.

“(11.) Subject to this section, a member of the Board, other than a member referred to in paragraph (e) or (f) of sub-section (2.) of this section, shall hold office for a period of three years and a member referred to in either of those paragraphs shall hold office for such period as the Minister determines at the time of his appointment, but any member is eligible for re-appointment.


“(12.) A member of the Board, other than a member referred to in paragraph (e) or (f) of sub-section (2.) of this section, may be removed from office by the Minister on the recommendation of the Board and a member referred to in either of those paragraphs may be removed from office by the Minister for incapacity, incompetence or misbehaviour.

“(13.) On the occurrence of a vacancy in the membership of the Board by reason of the death, resignation or removal from office of a member, the Minister may, subject to the next succeeding sub-section, appoint a person to fill the vacancy, but any person so appointed (other than a person appointed as a member referred to in paragraph (e) or (f) of sub-section (2.) of this section) shall hold office only for the residue of the term of the member whose place became vacant.////

“(14.) Where the member whose place became vacant was a member referred to in paragraph (b), (c) or (f) of sub-section (2.) of this section, the person appointed to fill the vacancy shall be appointed on the recommendation of the Board.

“(15.) The exercise of the powers and the performance of the functions of the Board shall not be affected by reason only of there being a vacancy in the membership of the Board.”.

(2.) A member of the Australian Dairy Produce Board holding office immediately before the commencement of this section shall, subject to sub-section (12.) of section four of the Principal Act as amended by this Act, continue to hold office under that Act as so amended, until and including the thirtieth day of June, One thousand nine hundred and sixty, as a member of the Board representing the same interest or interests as he represented before the commencement of this section.

Deputies of members.

4. Section seven of the Principal Act is amended by omitting from sub-section (1.) the word “Governor-General” and inserting in its stead the word “Minister”.

Employment of staff.

5. Section thirteen of the Principal Act is amended—

(a) by adding at the end of sub-section (1.) the words “or any other Act”; and

(b) by omitting sub-section (3.).


Finance.

6. Section twenty b of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “any other prescribed bank” and inserting in their stead the words “such other bank or banks as the Treasurer approves”;

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

(c) by omitting paragraph (b) of sub-section (1.).

Dairy Produce Fund.

7. Section twenty-one of the Principal Act is amended by omitting from sub-section (2.) the word “section” (last occurring) and inserting in its stead the word “sub-section”.

Moneys in the fund uninvested may be lodged in bank.

8. Section twenty-three of the Principal Act is amended by omitting the words “any other prescribed bank” and inserting in their stead the words “such other bank or banks as the Treasurer approves”.

Audit.

9. Section twenty-seven of the Principal Act is amended by inserting after the word “Board” the words “(including accounts kept by the Board for the purpose of the Dairy Produce Research and Sales Promotion Act 1958)”.

Liability of Board for its acts.

10. Section twenty-eight of the Principal Act is amended by adding at the end of sub-section (2.) the words “under this or any other Act”.

11. Section twenty-nine of the Principal Act is repealed and the following section inserted in its stead:—

Annual report.

“29.—(1.) The Board shall, as soon as practicable after each thirtieth day of June, prepare and furnish to the Minister a report of its operations, under this Act and under the Dairy Produce Research and Sales Promotion Act 1958, during the year ended on that date.

“(2.) The Minister shall lay the report before each House of the Parliament within fifteen sitting days of that House after its receipt by the Minister.”.

12. After section twenty-nine of the Principal Act the following section is inserted:—

Officers’ Rights Declaration Act.

“29a.—(1.) Where a member of the Board, or a person employed by the Board, was, immediately before his appointment or employment, as the case may be, an officer of the Public Service of the Commonwealth—

(a) he retains his existing and accruing rights;


(b) for the purpose of determining those rights, his service as such a member or person shall be taken into account as if it were service in the Public Service of the Commonwealth; and

(c) the Officers’ Rights Declaration Act 1928-1953 applies as if this Act and this section had been specified in the Schedule to that Act.

“(2.) For the purposes of the last preceding sub-section, a person holding office under section twelve of this Act as a representative of the Board in London shall be deemed to be employed by the Board and a person who held office as such a representative before the commencement of this section shall be deemed to have been so employed.”.

 

Overview

The Dairy Produce Export Control Act 1958 was enacted to amend the Dairy Produce Export Control Act 1924-1954, addressing various issues related to the regulation and export of dairy products in Australia. The Act was passed by the Parliament of Australia and received Royal Assent on 10 October 1958. The main policy objective of this Act was to ensure the effective management of the export of dairy products by making adjustments to the composition and operational procedures of the Australian Dairy Produce Board. It aimed to enhance the Board's efficiency and accountability by modifying the appointment, tenure, and removal procedures of its members, as well as updating the Board's financial and operational practices to align with contemporary requirements.

Scope and Application

The Dairy Produce Export Control Act 1958 amends the earlier Dairy Produce Export Control Act 1924-1954 and applies to the control and regulation of the export of dairy produce from Australia. The Act applies to the Australian Dairy Produce Board and its members, employees, and operations, as well as any other person or entity involved in the export of dairy produce. The Act operates at the national level, governing the export activities across the Commonwealth of Australia. Certain provisions, such as the appointment and removal of Board members, are detailed within the Act, while other operational aspects may be extended or restricted through subordinate instruments or regulations. The Act includes specific provisions for the Board's composition, term of office, and accountability mechanisms, as well as financial and auditing requirements. The Act also makes provisions for the continuity of rights for Board members and employees who were previously officers of the Public Service of the Commonwealth.

Key Provisions

The Dairy Produce Export Control Act 1958 amends the original Dairy Produce Export Control Act 1924-1954, introducing several changes to the Australian Dairy Produce Board’s structure and functions. Section 3 of the Act modifies the composition of the Board by adding an additional member, changing the appointment process, and updating the tenure and removal criteria for Board members. Specifically, the member representing the Commonwealth Government will now be the Chairman of the Board, and the Board will consist of six members: one each to represent milk producers, processors, and exporters, one to represent the Commonwealth Government, and one other member appointed on the recommendation of the Board. The tenure and removal provisions have also been revised to clarify the conditions under which members can be appointed, hold office, and be removed. The Act imposes various obligations on the Board, including the requirement to prepare and submit an annual report to the Minister by 30 June each year, detailing the Board's operations under both the Dairy Produce Export Control Act 1958 and the Dairy Produce Research and Sales Promotion Act 1958 (section 11). Additionally, the Board must ensure that its financial transactions, including those under the Research and Sales Promotion Act, are subject to audit (section 9). The Act also updates the Board's financial provisions, such as the types of banks where funds can be deposited, and the sources of funding for the Dairy Produce Fund (sections 6 and 8). The Board's liability for its actions is also clarified to include any other Act (section 10). Breaches of the provisions under the Dairy Produce Export Control Act 1958 may result in civil or criminal consequences. While the Act does not explicitly state the penalties for breaches, it is reasonable to infer that violations could lead to legal action under relevant laws governing administrative and financial conduct. The specific penalties would depend on the nature and severity of the breach, potentially including fines, compensation, or other remedies available under Australian law. The Act ensures that members of the Board retain their public service rights if they were officers before their appointment or employment (section 12).

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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.