Dairy Produce Export Control (Licences) Regulations (Amendment)

Overview

The Statutory Rules of 1962, No. 11, represent regulations made under the Dairy Produce Export Control Act 1924-1958 by the Governor-General, acting on advice from the Federal Executive Council. This legislative instrument was enacted to address gaps in the control and regulation of dairy produce exports, particularly by defining and updating the types of products that fall under the category of "dairy produce." The Dairy Produce Export Control Act 1924-1958 aimed to regulate the export of dairy products to ensure quality control and to protect the domestic market. These regulations, by amending and adding definitions to the Dairy Produce Export Control (Licences) Regulations, seek to clarify and update the types of products that require export licenses, including specifying casein, ghee, dried skimmed milk, butter oil, and dry butter fat as prescribed products, with certain conditions on mixtures containing these substances.

Scope and Application

The Dairy Produce Export Control (Licences) Regulations 1962, made under the Dairy Produce Export Control Act 1924-1958, amend the definition of certain dairy products for export purposes. This legislation applies to entities involved in the export of dairy products, including producers, exporters, and relevant intermediaries, and it outlines the types of products that are subject to export controls. The regulations specifically define casein, ghee, and dried skimmed milk as prescribed products, as well as setting criteria for butter oil and dry butter fat. The geographic scope of these regulations is national, applying across Australia, as they are Commonwealth regulations. However, the Act itself is applicable within the Commonwealth of Australia and does not explicitly detail exclusions or exemptions within these regulations. The regulatory framework may be further extended or restricted through additional subordinate instruments, allowing for adjustments to the controlled products or other export-related stipulations as necessary.

Key Provisions

The key provisions of the Statutory Rules of 1962, No. 11, under the Dairy Produce Export Control Act 1924-1958, involve amendments and clarifications to the existing regulations regarding the export of dairy products. Section 1 of these regulations amends the definition of "licensee" to clearly state that "the Act" refers to the Dairy Produce Export Control Act 1924-1958. This is intended to remove any ambiguity in the interpretation of the term "licensee" as it pertains to the Act. Section 4a introduces specific products that are now recognised as "prescribed products" for the purposes of the Act. According to subsection (1), casein, ghee, and dried skimmed milk are now explicitly identified as dairy products under the Act. Additionally, subsection (2) includes butter oil and dry butter fat as prescribed products, provided they are not mixed with other substances. However, if these products are mixed with other substances, they must contain at least 40% by weight of butter oil or dry butter fat to be considered a prescribed product, as outlined in subsection (3). These regulations impose certain obligations on the parties involved in the export of dairy products. Firstly, any person or entity seeking to export dairy products must ensure that they are in compliance with the newly defined prescribed products. This means they need to correctly identify and classify their products as per the regulations. Secondly, they must obtain the necessary licenses and approvals from the relevant authorities as stipulated in the Act. This includes adhering to any specific conditions that may be attached to the licenses regarding the quality, packaging, and documentation of the products being exported. Breaches of these regulations can result in significant legal consequences. While the specific offences and penalties are not detailed within the regulations themselves, under the parent Act, the Dairy Produce Export Control Act 1924-1958, penalties for non-compliance can be severe. The Act provides for both civil and criminal penalties. Civil penalties can include fines, while criminal penalties can include imprisonment. The exact penalties depend on the nature and severity of the breach, as well as any relevant case law and judicial interpretations. It is important for parties to thoroughly understand and comply with these regulations to avoid facing these potential consequences.