Dairy Produce Export Control (Licences) Regulations (Amendment)

Overview

The Statutory Rules 1971 No. REGULATION UNDER THE DAIRY PRODUCE EXPORT CONTROL ACT 1924-1966, made by the Governor-General with the advice of the Federal Executive Council, address the need to amend the definition of "dairy produce" as outlined in the original Act. Enacted to regulate the export of dairy products, this legislation was introduced to ensure that the control and licensing processes were clearly defined, particularly with respect to the types of products covered under the Act. The objective of these regulations is to maintain quality and standards in the export of dairy products by clearly prescribing what constitutes a dairy product for the purposes of the Act, thereby facilitating effective administration and compliance by exporters.

Scope and Application

The Dairy Produce Export Control (Licences) Regulations, amended in 1971 under the authority of the Dairy Produce Export Control Act 1924-1966, pertain to the export of dairy products from Australia. These regulations apply to any person or entity involved in the export of specified dairy products, including casein, caseinates, ghee, and various forms of butter oil, dry butter fat, dried skimmed milk, and dried buttermilk. The regulations establish strict criteria for what constitutes a prescribed dairy product for export purposes, with specific thresholds for the composition of these products. For instance, a product must contain at least forty per centum by weight of butter oil or dry butter fat to be considered a prescribed product if mixed with other substances. Similarly, products made from dried skimmed milk or dried buttermilk must contain at least ninety per centum by weight of these components if mixed with other substances, with an additional constraint that no more than ten per centum by weight can be composed of substances other than dried skimmed milk or dried buttermilk. These regulations extend across the Commonwealth, impacting the national scope of dairy exports. The Act and its subordinate instruments provide a comprehensive framework for controlling and regulating the export of dairy products, ensuring compliance with the specified criteria and maintaining standards for exported goods.

Key Provisions

The main operative sections of this legislation focus on the amendment of the Dairy Produce Export Control (Licences) Regulations. Specifically, Regulation 4a (1) redefines "dairy produce" by prescribing certain products as "dairy products" for the purposes of the Act. These include casein, various caseinates, ghee, and certain forms of butter oil, dry butter fat, dried skimmed milk, and dried buttermilk. The regulation further specifies that a product is not considered a prescribed product if it contains less than the required percentage by weight of the specified dairy components. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, it mandates that products containing butter oil or dry butter fat must contain at least forty per centum by weight of these components to be considered a prescribed product. Additionally, products consisting of dried skimmed milk or dried buttermilk must contain at least ninety per centum by weight of these components, or if they include another substance, that substance must not exceed ten per centum by weight. These stipulations ensure that the exported dairy products meet the defined standards. Failure to comply with these provisions may result in civil or criminal consequences. While the exact nature of these consequences is not detailed in the excerpt, it is common for breaches of such regulations to lead to penalties. Typically, breaches may result in fines or other sanctions as determined by the relevant authorities. The specific penalties, however, would be governed by the overarching legislation and any subsequent amendments or regulations.