Dairy Produce Export Control Act 1963

Legislation au C1963A00079 Not in force Act

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DAIRY PRODUCE EXPORT CONTROL.

No. 79 of 1963.

An Act to amend the Dairy Produce Export Control Act 1924–1962.

[Assented to 31st October, 1963.]

[Date of commencement, 28th November, 1963.]

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 1963.

(2.) The Dairy Produce Export Control Act 1924-1962 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 1924-1963.

Commencement of inserted sections.

2. Each section inserted in the Principal Act by a section of this Act shall come into operation on the date on which this Act comes into operation.

Definitions.

3. Section three of the Principal Act is amended by inserting after the definition of “the Board” the following definitions:—

“‘the Chairman’ means the Chairman of the Board;

‘the Deputy Chairman’ means the Deputy Chairman of the Board;”.

Australian Dairy Produce Board.

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

(a) by omitting paragraphs (e) and (f) of sub-section (2.) and inserting in their stead the following word and paragraph:—

“and; (e) one member to represent the Commonwealth Government.”;

(b) by omitting sub-section (9.);

(d) by omitting from sub-sections (11.) and (12.) the words “either of those paragraphs” and inserting in their stead the words “that paragraph”; and

(e) by omitting from sub-section (14.) the letters and word “(b), (c) or (f)” and inserting in their stead the letters and word “(b) or (c)”.

(2.) Nothing in this section affects the appointment of a member of the Australian Dairy Produce Board holding office immediately before the commencement of this section.

5. After section four of the Principal Act the following section is inserted:—

Deputy Chairman of the Board.

“5.—(1.) The Minister shall appoint a member, other than the Chairman, to be the Deputy Chairman of the Board.

“(2.) The person appointed as Deputy Chairman ceases to hold that office if—

(a) the Minister terminates his appointment as the Deputy Chairman; or

(b) he ceases to be a member, whether by virtue of the expiration of the period of his appointment or otherwise.

“(3.) A member who has ceased to hold office as the Deputy Chairman is eligible for re-appointment as the Deputy Chairman.”.

Deputies of members.

6. Section seven of the Principal Act is amended by inserting after sub-section (1.) the following sub-section:—

“(1a.) Where a person is appointed under the last preceding sub-section as the deputy of the member who is the Chairman or the Deputy Chairman, the powers of the member conferred on the deputy by that sub-section do not include the powers that the member has by virtue of being the Chairman or the Deputy Chairman, as the case may be.”.

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

Chairman to preside at meetings of Board.

“9.—(1.) The Chairman shall preside at all meetings of the Board at which he is present.

“(2.) In the absence of the Chairman from a meeting of the Board, the Deputy Chairman, if he is present, shall preside.

“(3.) In the event of the absence of both the Chairman and the Deputy Chairman from a meeting of the Board, the members present shall elect one of their number to preside at that meeting.”.

Meetings of the Board.

8. Section ten of the Principal Act is amended by inserting after sub-section (2.) the following sub-section:—

“(2a.) The Deputy Chairman may, at any time when the Chairman is on leave of absence granted under this Act or is outside Australia or the office of Chairman is vacant, call a special meeting of the Board.”.

Executive Committee of Board.

9. Section eleven of the Principal Act is amended—

(a) by omitting sub-sections (3.) and (4.) and inserting in their stead the following sub-sections:—

“(3.) The Chairman may, at any time, convene a meeting of the Executive Committee.

“(4.) The Deputy Chairman may, at any time when the Chairman is on leave of absence granted under this Act or is outside Australia or the office of Chairman is vacant, convene a meeting of the Executive Committee.

“(4a.) In the event of the absence of the Chairman from a meeting of the Executive Committee, the Deputy Chairman, if not already a member of the Executive Committee, is entitled to attend the meeting, and, when so attending, shall be deemed to be a member of the Executive Committee.

“(4b.) At a meeting of the Executive Committee—

(a) three members form a quorum; and

(b) the Chairman or, in his absence, the Deputy Chairman or, in the absence of the Chairman and the Deputy Chairman, a member elected by the members present to act as chairman of the Executive Committee shall preside.”; and

(b) by omitting from sub-section (5.) the word “Chairman” and inserting in its stead the words “member presiding”.

10. After section eleven of the Principal Act the following section is inserted:—

Leave of absence.

“11a. The Board may grant leave of absence to a member upon such terms and conditions as to remuneration or otherwise as the Board determines.”.

Overview

The Dairy Produce Export Control Act 1963, enacted by the Commonwealth Parliament, was introduced to amend the existing Dairy Produce Export Control Act 1924–1962. The primary aim of this legislation was to refine and enhance the regulatory framework governing the export of dairy products from Australia. It aimed to ensure that the Australian Dairy Produce Board could effectively manage and control the export activities in line with national and international standards. The Act specifically introduced changes to the composition and operational procedures of the Board, including the appointment of a Deputy Chairman and adjustments to the roles and responsibilities of existing members. This amendment was designed to provide more robust leadership and operational continuity within the Board, particularly in the absence of the Chairman.

Scope and Application

The Dairy Produce Export Control Act 1963 applies to the regulation and control of the export of dairy produce from Australia. It amends the Dairy Produce Export Control Act 1924-1962 by introducing changes to the composition and operations of the Australian Dairy Produce Board. The Act applies to the Board, its members, the Chairman, the Deputy Chairman, and any deputies appointed to the members. It pertains to the conduct of the Board, its meetings, and the procedures for convening these meetings. The Act is applicable across the Commonwealth of Australia, influencing the national dairy industry by overseeing and managing the export of dairy products. Certain provisions of the Act can be extended or restricted through subordinate instruments, allowing for additional regulations or exemptions as deemed necessary by the Board or the Minister. Notably, the Act does not specify any exclusions, exemptions, or thresholds in the provided text, focusing instead on the structural and procedural aspects of the Board’s operations.

Key Provisions

The Dairy Produce Export Control Act 1963 introduces several significant amendments to the existing Dairy Produce Export Control Act 1924–1962. These amendments, outlined in sections 3 to 11a, primarily focus on restructuring the Australian Dairy Produce Board, defining roles and responsibilities more clearly, and introducing provisions for leave of absence for Board members. Section 3 amends the definitions within the Principal Act to include "the Chairman" and "the Deputy Chairman," clarifying their roles within the Board. Section 4 revises the composition of the Board by omitting certain paragraphs and sub-sections, while ensuring that existing appointments remain unaffected. Additionally, it introduces a new member to represent the Commonwealth Government. The Act imposes specific obligations on the Australian Dairy Produce Board and its members. Section 5 mandates the Minister to appoint a Deputy Chairman from among the Board members, and outlines the conditions under which this appointment terminates. Section 6 specifies that deputies of the Chairman or Deputy Chairman do not inherit the powers associated with those offices. Furthermore, sections 7 to 9 clarify the presiding roles during Board meetings, ensuring smooth operations even in the absence of the Chairman or Deputy Chairman. In terms of offences, penalties, or consequences, the Act does not explicitly state civil or criminal penalties for breaches. However, the detailed provisions regarding roles, responsibilities, and meeting protocols imply that failure to adhere to these could result in operational inefficiencies or disputes within the Board. The Act's focus on structural clarity and defined roles suggests an underlying intent to prevent conflicts and ensure the effective functioning of the Board. While specific penalties are not outlined, the importance of these provisions indicates the potential seriousness of non-compliance.

Area of Law: Administrative Law; Regulatory Standards
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Regulatory Standards

Interactions

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.

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