Dairy Produce Export Control (Licences) Regulations (Amendment)

Legislation au C1933L00039 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1933. No. 39.

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, and in accordance with a recommendation by the Dairy Produce Control Board, hereby make the following Regulations under the Dairy Produce Export Control Act 1924, to come into operation on and from 15th March, 1933.

Dated this fifteenth day of March, 1933.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

FRED. H. STEWART

Minister of State for Commerce.

Amendment of Dairy Produce Export Control (Licences) Regulations.

(Statutory Rules 1925, No. 124, as amended to this date.)

1. Regulation 3 of the Dairy Produce Export Control (Licences) Regulations is amended—

(a) by inserting after the letters “c.i.f.” in sub-paragraph (iii) of paragraph (a) the word and letters “or c.i.f. & e.”

(b) by inserting after the letters “c.i.f.” in sub-paragraph (iv) of paragraph (a) the word and letters “or c.i.f. & e.”

(d) by inserting after paragraph (ea) the following paragraph:—

“(eb) the licensee shall not enter into any contract or agreement for the sale of butter f.o.b. or c.i.f. or c.i.f. & e. for shipment to the United Kingdom unless—

(a) the butter has previously been delivered to an appointed place for examination and marking in accordance with the Commerce (Export Dairy Produce) Regulations provided, however, that in case the licensee shall enter into a contract or agreement for the sale of butter as aforesaid before the butter, the subject of such contract or agreement, has been delivered to an appointed place, the licensee shall not be deemed to have committed a breach of this paragraph of this condition if the butter, the subject of such contract or agreement, is delivered to the appointed place for examination and marking as aforesaid within seven days after the date upon which the licensee enters into such contract or agreement; and

358.—Price 3d.

(b) the price fixed under the contract or agreement is not less than such price as is for the time being determined by the Board upon the basis of the price ruling in London after taking into account such rates of commissions and other charges and allowances as are for the time being fixed by the Board as reasonable.”

(e) by omitting from paragraph (f) the words “, after fourteen days’ notice in writing by the Board;”; and

(f) by inserting after the word “restrictions” in paragraph (f) the words “(including amendments of any conditions)”.

2.—(1.) Form A in the Schedule to the Dairy Produce Export Control (Licences) Regulations is amended—

(a) by inserting after the letters “c.i.f.” in paragraph (c) of condition (1) the word and letters “or c.i.f. & e.”;

(b) by inserting after the letters “c.i.f.” in paragraph (d) of condition (1) the word and letters “or c.i.f. & e.”;

(d) by inserting after condition (5a) the following condition:—

“(5b) That the licensee shall not enter into any contract or agreement for the sale of butter f.o.b. or c.i.f. or c.i.f. & e. for shipment to the United Kingdom unless—

(b). the price fixed under the contract or agreement is not less than such price as is for the time being determined by the Board upon the basis of the price ruling in London after taking into account such rates of commissions and other charges and allowances as are for the time being fixed by the Board as reasonable.”

(e) by omitting from condition 6 the words “, after fourteen days’ notice in writing by the Board,”; and

(f) by inserting after the word “restrictions” in condition (6) the words “(including amendments to any conditions or restrictions)”.

(2.) All licences issued prior to the commencement of these Regulations shall be deemed to be amended in accordance with the amendments effected by this regulation.

3. Form D in the Schedule to the Dairy Produce Export Control (Licences) Regulations is repealed and the following Form inserted in its stead:—

Form D.

Commonwealth of Australia.

Dairy Produce Export Control Act 1924.

BUTTER EXPORTED AND SOLD F.O.B. OR C.I.F. OR C.I.F. & E.

The Secretary,

Dairy Produce Control Board,

I (1) of Holder of Licence No. granted for the period from 19 to 19 to export dairy produce do solemnly and sincerely declare that the following particulars furnished by me with respect to butter exported and sold f.o.b. or c.i.f. or c.i.f. & e, pursuant to the licence are true and correct in every detail:—

(a) The following butter has been shipped pursuant to the licence:—

Name and address of owner.	Name and address of manufacturer.	Brands.	Grades.	Salted or unsalted	Number of boxes shipped each brand and grade.	Total net weight.				Name and address of purchaser.	Net price paid by purchaser. (State whether sold f.o.b. or c.i.f. or c.i.f. & o.)
						Tons.	cwt.	qr.	lb.	0

(ii) (b) The date of the contract or agreement for the sale of the butter is 19 .

(ii) (c) The date on which the butter was delivered to the appointed place at for examination, and marking in accordance with the Commerce (Export Dairy Produce) Regulations is 19 .

(d) The date on which the butter was shipped is 19 .

(e) The name of the vessel on which the butter was shipped is

(f) The port from which the butter was shipped is

(g) The ports/port at which the butter will be loaded are/is

(h) The name of the Insurance Company with which the butter is insured is

And I make this solemn declaration by virtue of the Statutory Declarations Act 1911, conscientiously believing the statements contained therein to be true in every particular.

(iii)

Declared at the day of 19 .

Before me—

(iv)

(v)

Note.—Any person who wilfully makes a false statement in a Statutory Declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.

(1) Here insert full name and address of Licensee.

(ii) Paragraphs (b) and (c) should be completed only in respect of butter shipped to the United Kingdom.

(iii) Signature of person (licensee) making the declaration.

(iv) Signature of Magistrate, Justice of the Peace, or Commissioner for taking Affidavits, or Commissioner for Declarations before whom the declaration is made.

(v) Here insert title of person before whom the declaration is made.

4. Form E in the Schedule to the Dairy Produce Export Control (Licences) Regulations is amended by inserting after the letters “c.i.f.” (wherever occurring) the word and letters “or c.i.f. & e.”

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Dairy Produce Export Control Act 1924 was enacted to address the need for regulation and control over the export of dairy produce from Australia, ensuring that such exports met specific quality and pricing standards. The Act was introduced by the Australian Parliament, aiming to protect domestic markets and maintain the reputation of Australian dairy products abroad. The accompanying Statutory Rules of 1933, specifically Statutory Rules No. 39, detail amendments to the existing regulations under the Act, focusing on updating the terms of sale, such as the inclusion of cost, insurance, and freight plus expenses (c.i.f. & e.) in export contracts, and enforcing compliance with quality inspections and minimum price standards set by the Dairy Produce Control Board. These regulations underscore the policy objective of maintaining stringent quality controls and fair pricing in the export of dairy products.

Scope and Application

The Regulations under the Dairy Produce Export Control Act 1924 govern the export of dairy produce, specifically targeting licensees who are engaged in the export of butter. The regulations apply to individuals and entities holding export licenses for butter, ensuring compliance with certain conditions and requirements before the butter can be exported, particularly to the United Kingdom. The geographic scope of these regulations is national, as they pertain to the Commonwealth of Australia and its export activities. The regulations impose specific conditions on the sale of butter, including the requirement that butter be delivered to an appointed place for examination and marking before shipment and that the price fixed in any contract or agreement adheres to the ruling set by the Board. Furthermore, these regulations amend existing forms and conditions, such as the insertion of additional terms like "c.i.f. & e." into various sections, and they also modify the notice periods for certain actions. The regulations explicitly state that any existing licenses will be amended in accordance with these changes. The provisions extend through subordinate instruments that further detail the conditions and procedures for the export of dairy produce, thereby ensuring a comprehensive regulatory framework for the industry.

Key Provisions

The main operative sections of the Statutory Rules 1933, No. 39, made under the Dairy Produce Export Control Act 1924, involve amendments to the Dairy Produce Export Control (Licences) Regulations, particularly concerning the terms "c.i.f." and "c.i.f. & e." (cost, insurance, and freight, and cost, insurance, freight, and expenses) in relation to the sale of butter for shipment to the United Kingdom. Regulation 3 and Form A in the Schedule are amended to include these terms, requiring that butter must be delivered to an appointed place for examination and marking before sale, and that the price must not be less than a price determined by the Board based on London price rulings. Furthermore, these regulations specify that any contracts or agreements must comply with the conditions set forth, including the requirement for prior delivery of the butter to an appointed place for examination and marking, or delivery within seven days of the contract or agreement if the butter was not previously delivered. The obligations and requirements imposed by these regulations on licensees include ensuring that butter is delivered to an appointed place for examination and marking prior to any sale under a contract or agreement, and that the price of the butter meets the standards set by the Board. Licensees must also adhere to the new conditions inserted in Regulation 3 and Form A, particularly regarding the terms of sale and the minimum price that must be achieved. Furthermore, the regulations mandate that any previously issued licences are deemed to be amended in line with these changes, ensuring that all current licensees are subject to the updated conditions. Breaches of these regulations can result in civil or criminal consequences. Specifically, Regulation 3 and Form A include provisions stating that any person who wilfully makes a false statement in a Statutory Declaration is guilty of an indictable offence and is liable to imprisonment, with or without hard labour, for up to four years. This penalty underscores the importance of compliance with the regulatory requirements and the seriousness with which the law treats any attempts to circumvent these provisions.

Area of Law: Commercial Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Licensing & Registration

Interactions

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.

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