Dairy Produce Export Control (Election of Board) Regulations (Amendment)

Overview

The Statutory Rules 1946 No. 13, made under the authority of the Dairy Produce Export Control Act 1924-1942, were introduced to address challenges arising from transport restrictions due to wartime conditions. Enacted by the Governor-General in accordance with the Federal Executive Council, these regulations aim to ensure that producers affected by these restrictions maintain their voting rights in the election of representatives for the export control board. This was particularly pertinent for those producers who were compelled to supply milk or cream to non-co-operative factories due to logistical constraints during the war. The regulations amend existing provisions to clarify and expand the eligibility criteria for voting in these elections, ensuring that the voices of all affected producers are included despite the disruptions caused by the war.

Scope and Application

These regulations amend the Dairy Produce Export Control (Election of Board) Regulations, made under the Dairy Produce Export Control Act 1924-1942. The regulations apply to producers and owners of butter and cheese factories who are eligible to vote in elections under the Act. These elections pertain to the selection of representatives for the Australian Dairy Produce Export Control Board, which oversees the export of dairy products. The regulations ensure that producers affected by wartime transport restrictions retain their voting rights. The amendments also clarify the process for enrolling to vote, requiring specific forms to be completed and submitted by certain dates. The changes do not alter the geographic or jurisdictional reach of the Act, which applies across the Commonwealth of Australia. The regulations extend the application of the Act to include producers who may have been compelled to supply milk or cream to proprietary or privately-owned factories due to war-related transport restrictions, ensuring their continued participation in the electoral process for the Board.

Key Provisions

The main operative sections of these regulations pertain to the amendments of the Dairy Produce Export Control (Election of Board) Regulations. Regulation 9 of the Dairy Produce Export Control (Election of Board) Regulations is amended to include a proviso ensuring that a producer who has been required to supply milk or cream to a proprietary or privately owned butter or cheese factory due to transport restrictions caused by the war, is not disqualified from voting in the election of a representative. This amendment specifically includes producers who are parties to share-farming agreements. Regulation 9a is inserted to mandate that each butter and cheese factory must, by a date set by the Minister, provide a list of producers who supplied milk or cream to the factory during the preceding year, which list will serve as the roll for the election. Regulation 10 is amended to establish that the owner of a butter or cheese factory must submit a claim for enrolment in accordance with Form A to be eligible to vote in an election under certain paragraphs of the Act. Additionally, Regulation 10 is further amended with sub-regulation 1a, which specifies that parties to share-farming agreements and producers affected by war-related transport restrictions must submit a claim for enrolment in accordance with Form B to be eligible to vote in elections under other paragraphs of the Act. These regulations impose several obligations on the parties they govern. Butter and cheese factories are required to lodge a list of producers who supplied milk or cream to them during the preceding year with the Returning Officer by a specified date. This list will constitute the roll for the election of representatives. Factory owners and other eligible producers must submit a claim for enrolment in accordance with the prescribed forms and directions to be eligible to vote in the elections. Failure to comply with these requirements will result in ineligibility to vote in the specified elections. Breach of these regulations may result in civil or administrative consequences. Specifically, factory owners and eligible producers who fail to submit the required claim for enrolment by the stipulated date will be ineligible to vote in the election. There are no explicit criminal penalties mentioned in the text for breaches of these regulations; however, the ineligibility to vote could be considered a form of administrative sanction. The maximum penalties for any civil or administrative breaches are not specified in the provided text.