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

Legislation au C1925L00040 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1925. No. 40.

_________

REGULATIONS UNDER THE DAIRY PRODUCE EXPORT CONTROL ACT 1924.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Dairy Produce Export Control Act 1924, to come into operation forthwith.

Dated this twenty-fifth day of February, 1925.

FORSTER,

Governor-General.

By His Excellency’s Command,

Ll. ATKINSON,

for Minister of State for Markets and Migration.

___________

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

Regulation 3 of the Dairy Produce Export Control (Election of Board) Regulations is amended by omitting the definitions of “Co-operative butter and cheese factory” and “Proprietary butter and cheese factory” and inserting in their stead the following definitions:—

“Co-operative butter and cheese factory” means any factory owned by a company in respect of which the Returning Officer is satisfied that it distributes the whole or any portion of its surplus profits to the persons supplying milk or cream to the company;

“Proprietary butter and cheese factory” means any factory owned by a company in respect of which the Returning Officer is satisfied that it does not distribute the whole or any portion of its surplus profits to the persons supplying milk or cream to the company.

Regulation 18 of the Dairy Produce Export Control (Election of Board) Regulations is repealed and the following regulation inserted in its stead:—

Voting papers and form of declaration.

“18. As soon as practicable after the date for the close of the election has been fixed, the Returning Officer or a Deputy Returning Officer shall initial and transmit by post, to the chairman of the board of directors of each butter or cheese factory set out in the roll, a ballot-paper, or, if a voter appears by the roll of electors to be entitled to more votes than one, so many voting papers as are equal to the number of votes to which that voter is entitled, together with an envelope having printed thereon a form of declaration in either of the following forms as the case requires:—

Form No. 1.

Commonwealth of Australia.

Dairy Produce Export Control Act 1924.

Election of Representative (or Representatives, as the case requires) of Co-operative Butter and Cheese Factories for the State of

Declaration to be made by the Boards of Directors of Co-operative Butter and Cheese Factories.

We    [here insert full names of at least two directors of company]

of [here insert address of each director] declare that we are authorized to act for the board of directors of                            [here insert full


name of company] of [here insert address of head office of company] and that the said board of directors is entitled to vote at the election for representatives of co-operative butter and cheese factories in the State of                            which closes on the                                          day of              1925, under the provisions of the Dairy Produce Export Control Act 1924; and we also declare that the said board of directors has not previously voted in connexion with the said election.

Personal Signature of each Director making Declaration.

Date Signed before Authorized Witness.

Signature of Authorized Witness.

Address of Authorized Witness.

Title under which Witness Acts as Authorized Witness.

 

 

 

 

 

Authorized Witnesses.

The following persons are authorized witnesses namely:—The returning officer and all deputy returning officers appointed in connexion with the election; all managers, directors, and proprietors of butter and cheese factories; all ministers of religion; all postmasters, postmistresses and postal officials and all other permanent officers of the Public Service of the Commonwealth or of a State; all magistrates and justices of the peace; all teachers in charge of a school; all members of the Police Force; all legally qualified medical practitioners; all legal practitioners; all bank managers; and all railway stationmasters.

____________

Form No. 2.

Commonwealth of Australia.

Dairy Produce Export Control Act 1924.

Election of Representatives of Proprietary Butter and Cheese Factories.

Declaration to be made by the Boards of Directors of Proprietary Butter and Cheese Factories.

We, [here insert full names of at least two directors of company] of [here insert address of each director] declare that we are authorized to act for the board of directors of                            [here insert full name of company] of              [here insert address of head office of company] and that the said board of directors is entitled to vote at the election for two representatives of proprietary butter and cheese factories which closes on the              day of               1925, under the provisions of the Dairy Produce Export Control Act 1924; and we also declare that the said board of directors has not previously voted in connexion with the said election.

Personal Signature of each Director making Declaration.

Date Signed before Authorized Witness.

Signature of Authorized Witness.

Address of Authorized Witness.

Title under which Witness Acts as Authorized Witness.

 

 

 

 

 

Authorized Witnesses.

The following persons are authorized witnesses namely:—The returning officer and all deputy returning officers appointed in connexion with the election; all managers, directors, and proprietors of butter and cheese factories; all ministers of religion; all postmasters, postmistresses and postal officials and all other permanent officers of the Public Service of the Commonwealth or of a State; all magistrates and justices of the peace; all teachers in charge of a school; all members of the Police Force; all legally qualified medical practitioners; all legal practitioners; all bank managers; and all railway stationmasters.

_________________

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.

Overview

The Dairy Produce Export Control Act 1924 was enacted by the Commonwealth Parliament to address the need for regulation and control over the export of dairy produce, ensuring orderly market conditions and protecting the interests of local producers and consumers. The Act aimed to establish a framework for the export of dairy products, including the export of butter and cheese, and to facilitate the election of representatives for co-operative and proprietary butter and cheese factories. The legislation provides for the implementation of regulations governing the export process and the establishment of a board to oversee these exports. These regulations were subsequently detailed in Statutory Rules 1925 No. 40, which made amendments to the existing election regulations under the Act, clarifying definitions and procedures for the election of representatives for co-operative and proprietary butter and cheese factories.

Scope and Application

The Dairy Produce Export Control Act 1924 applies to the export of dairy products, specifically targeting the election of representatives for both co-operative and proprietary butter and cheese factories within the Commonwealth of Australia. The legislation governs the process by which directors of these factories are to vote in the election of representatives under the Act, ensuring that the electoral process is conducted in a formal and authorised manner. The regulations amend and clarify the definitions of "co-operative butter and cheese factory" and "proprietary butter and cheese factory," specifying criteria for profit distribution to milk and cream suppliers. The act is applicable nationwide, covering all states and territories within the Commonwealth. The regulations further detail the process for issuing voting papers and the requisite declarations, which must be signed by authorised witnesses including returning officers, legal practitioners, and other officials. The act does not explicitly state exclusions or thresholds but operates within the context of the broader legislative intent to regulate and control the export of dairy products. Subordinate instruments, such as these regulations, extend and detail the application of the primary act, ensuring compliance and proper administration of the election process.

Key Provisions

The Statutory Rules 1925 No. 40, made under the Dairy Produce Export Control Act 1924, focus on the regulation of the election process for representatives of butter and cheese factories. The key sections of this legislation define what constitutes a "Co-operative butter and cheese factory" and a "Proprietary butter and cheese factory" (Reg. 3), and outline the procedures for voting papers and the form of declaration (Reg. 18). A co-operative butter and cheese factory is defined as a factory owned by a company that distributes surplus profits to milk or cream suppliers, while a proprietary factory is one that does not distribute such profits. The regulation also specifies the types of authorised witnesses who can witness the declaration form. These regulations impose several obligations on the parties involved in the election process. Firstly, the Returning Officer or a Deputy Returning Officer must ensure that each eligible factory receives the appropriate number of voting papers and an envelope with a printed declaration form. The declaration forms themselves must be signed by at least two directors of the respective company, with their signatures witnessed by an authorised person. The declaration must state that the board of directors is entitled to vote and that they have not previously voted in the election. The authorised witnesses are defined broadly and include various public officials and professionals. Breach of these regulations may lead to various consequences. While the specific penalties are not detailed within the text of these regulations, under the overarching Dairy Produce Export Control Act 1924, there are provisions for offences and penalties. For example, non-compliance with the Act’s requirements could result in fines or other penalties as determined by the courts. The Act also provides for both civil and criminal penalties, with the specific penalties varying depending on the nature and severity of the breach.

Legal classification tags

Instrument
Regulation
Concepts
Definitions & Interpretation
Enforcement Powers
Regulatory Standards
Catchwords
Declaration
Authorized Witnesses

Interactions

Authorises

All Versions

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.