Dairy Produce Export Control Act 1972

Legislation au C1972A00003 Not in force Act

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Dairy Produce Export Control

No. 3 of 1972

An Act to amend the Dairy Produce Export Control Act 1924–1966.

[Assented to 7 March 1972]

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 1972.

(2.) The Dairy Produce Export Control Act 1924–1966 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 1924–1972.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Power and functions of Board.

3. Section 13a of the Principal Act is amended by omitting paragraph (c) and inserting in its stead the following paragraph:—

(c) subject to the approval of the Minister, on its own behalf or in collaboration with any other person, authority or association of persons, take, or arrange for the taking of, any action in Australia or elsewhere that, 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,.

Finance.

4. Section 20b of the Principal Act is amended—

(a) by omitting from sub-section (1.) the word Commonwealth and inserting in its stead the word Reserve; and


(b) by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) The Minister may arrange with the Reserve Bank of Australia for the making by that Bank of advances to the Board for use by the Board—

(a) in payment for purchases by the Board of dairy produce intended for export; and

(b) in payment of expenses and other charges incurred by the Board in the exercise of its powers under this Act in relation to dairy produce so purchased,

and may guarantee to the Bank the repayment, out of moneys made available by the Parliament, of any advance made by the Bank in pursuance of the arrangement..

Application of moneys paid into accounts or fund.

5.—(1.) Section 22 of the Principal Act is amended—

(a) by omitting the words The moneys and inserting in their stead the words —(1.) Subject to the next succeeding sub-section, the moneys; and

(b) by adding at the end thereof the following sub-sections:—

“(2.) Where the Board is of the opinion that the expansion of existing markets, or the securing of new markets, for dairy produce is likely to be assisted by—

(a) the acquisition by the Board, by subscription or otherwise, of an interest in a corporation incorporated in Australia or elsewhere; or

(b) the making by the Board, whether in Australia or elsewhere,

of a loan of moneys to a corporation, an association of persons or a person,

the Board may apply moneys held in an account opened by the Board under sub-section (1.) of section twenty b of this Act or in the fund in the acquisition of that interest or the making of that loan.

“(3.) For the purposes of the last preceding sub-section, interest, in relation to a corporation, includes—

(a) a share in the capital of the corporation; and

(b) stock of the corporation..

(2.) An application of moneys by the Board that was made before the commencement of this Act shall be deemed, for all purposes, to be as valid as if it had been made after the commencement of this Act.

Moneys in fund uninvested may be lodged in bank.

6. Section 23 of the Principal Act is amended by omitting the words Commonwealth Bank and inserting in their stead the words Reserve Bank of Australia.

Overview

The Dairy Produce Export Control Act 1972 was enacted to amend the Dairy Produce Export Control Act 1924–1966, addressing the need to improve and maintain the quality of Australian dairy produce exports, as well as to expand and secure new markets for these products. Enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the Act aimed to provide the Dairy Produce Board with additional powers and mechanisms to achieve these objectives. A key policy objective of the Act was to facilitate the Board's ability to take action both domestically and internationally to improve the quality of dairy exports, as well as to support the financial arrangements necessary for these activities. This included authorising the Reserve Bank of Australia to make advances to the Board for purchasing dairy produce and covering related expenses, thereby ensuring the Board had the necessary financial resources to effectively manage and promote Australian dairy exports.

Scope and Application

The Dairy Produce Export Control Act 1972 applies to the Dairy Produce Export Control Board and any actions it undertakes, both domestically and internationally, to enhance the quality of dairy produce and expand or secure markets for the export of dairy products from Australia. The Act authorises the Board to take actions, including financial arrangements and investments, that are aimed at improving dairy produce quality and market access. Financial provisions in the Act have been updated to reflect changes from the Commonwealth to the Reserve Bank of Australia, allowing for the Board to receive advances for purchasing dairy produce and to invest in corporations or make loans to assist in market expansion. The Act also specifies how moneys held by the Board can be applied, including for investments in corporations, and clarifies that any such applications made before the Act's commencement remain valid. The scope of the Act is national, as it pertains to activities and transactions within Australia and its international dealings in dairy produce.

Key Provisions

The Dairy Produce Export Control Act 1972 (the Act) makes several key amendments to the Dairy Produce Export Control Act 1924–1966 (the Principal Act). Section 3 of the Act amends section 13a of the Principal Act to broaden the powers of the Board. The Board is now empowered, subject to the Minister's approval, to take or arrange actions both domestically and internationally that aim to improve the quality of dairy produce or prevent its deterioration during transport, as well as actions intended to expand existing markets or secure new markets for dairy produce. This expanded scope allows the Board to be more proactive in enhancing the quality and market reach of Australian dairy products. The obligations imposed by the Act on the Board include the requirement to seek the Minister's approval before undertaking certain actions, particularly those involving market expansion or quality improvement initiatives. Section 4 of the Act modifies the financial provisions of the Principal Act by replacing references to the Commonwealth with the Reserve Bank of Australia, allowing the Minister to arrange for advances from the Reserve Bank for purchases of dairy produce and related expenses. The Board must comply with these financial arrangements, ensuring that any advances are repaid as guaranteed by the Commonwealth. The Act also outlines specific financial obligations for the Board regarding the application of moneys held in accounts or funds. Section 5(2) of the Act permits the Board to apply these funds towards acquiring interests in corporations or making loans to corporations, associations, or individuals if such actions are deemed likely to assist in market expansion or securing new markets. This provision allows for strategic investments that align with the Board’s objectives under the Act. Section 6 of the Act makes a technical amendment, substituting references to the Commonwealth Bank with the Reserve Bank of Australia in section 23 of the Principal Act. This ensures consistency in the financial institutions involved in the handling of funds under the Act. The Act imposes penalties and consequences for non-compliance with its provisions. While the Act does not explicitly state penalties for breaches, breaches of related provisions in the Principal Act may incur penalties under the common law or other legislative provisions. These penalties could include fines or imprisonment for serious breaches, reflecting the importance of adhering to the Act’s requirements in the oversight and management of dairy produce exports.

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Commercial Law
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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.