Dairy Produce Export Control (Licences) Regulations (Amendment)

Overview

The Dairy Produce Export Control Act 1924-1947 was enacted to provide the Australian Dairy Produce Board with the authority to effectively control the export of dairy products from Australia. This legislation was introduced to address the need for regulation and oversight of dairy exports to ensure they were conducted in a manner that supported national economic interests and maintained quality standards. The Act enabled the prohibition of dairy exports unless they were in accordance with a licence granted under the Act, as implemented through statutory rules such as the Regulations made in 1951. The policy objective was to maintain control over the export of dairy produce, ensuring that it was managed in a way that benefited the Australian dairy industry and its stakeholders. The enactment of these regulations reflects the legislative intent to provide detailed oversight and to adapt the regulatory framework to changing circumstances as recommended by the Australian Dairy Produce Board.

Scope and Application

The Dairy Produce Export Control (Licences) Regulations, made under the Dairy Produce Export Control Act 1924-1947, primarily apply to any person or entity that holds a licence to export dairy produce from the Commonwealth of Australia. These regulations govern the terms and conditions under which such licences are granted and managed by the Australian Dairy Produce Board. Specifically, they mandate the submission of detailed returns by licensees regarding the export of butter and cheese to countries other than the United Kingdom. These returns must be furnished on a monthly basis, detailing the quantities and destinations of the exported products. The regulations are applicable on a national level within Australia, affecting all those involved in the export of dairy products from the Commonwealth. However, it is noteworthy that the regulations do not explicitly state any exclusions or exemptions, implying that all licensed exports of dairy produce are subject to the prescribed reporting requirements. The application of these regulations can be further extended or specified through any future subordinate instruments issued under the authority of the Act.

Key Provisions

The Dairy Produce Export Control (Licences) Regulations, as amended, contain several key provisions that govern the export of dairy produce from Australia. Section 1 of the regulation modifies the terms and conditions of the licences by requiring licensees to submit a return every month to the Australian Dairy Produce Board, detailing the exports of butter and cheese to countries other than the United Kingdom (Regulation 7(2)). This return, completed on Form C, must include specific information such as the date of shipment, port of shipment, vessel name, destination, and the quantity of each type of dairy product exported. If no butter or cheese has been exported during the month, a certificate to that effect must be included. These regulations impose several obligations on the entities they govern. Licensees are required to ensure that all exports of dairy produce are documented accurately and submitted to the Board within the specified timeframe. The Board, in turn, is responsible for overseeing compliance with these reporting requirements and ensuring that exports are conducted in accordance with the terms of the licences granted under the Act. Failure to comply with these regulations can result in various consequences. While the specific penalties are not detailed in the legislative instrument, under the broader framework of the Dairy Produce Export Control Act 1924-1947, non-compliance could lead to fines, the suspension or revocation of export licences, or other enforcement actions deemed appropriate by the relevant authorities. Such penalties are intended to maintain the integrity of the export control system and ensure that dairy produce is exported in a manner consistent with national policies and international obligations.