Dairy Produce Export Control (Licences) Regulations (Amendment)

Legislation au C1934L00087 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1934. No. 87.

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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, hereby make the following Regulations under the Dairy Produce Export Control Act 1924.

Dated this twenty-fifth day of July, 1934.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

FRED H. STEWART

Minister of State for Commerce.

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Amendment of Dairy Produce Export Control (Licences)

Regulations.

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

1. Regulation 4 of the Dairy Produce Export Control (Licences) Regulations is repealed and the following regulation inserted in its stead:—

Licence to export dairy produce.

“4. A licence shall be in accordance with Form A in the Schedule to these Regulations.”.

The Schedule.

2. The Schedule to the Dairy Produce Export Control (Licences) Regulations is amended by omitting Form A and inserting in its stead the following Form:—

“Form A.

No. of Licence Reg. 4.

Commonwealth of Australia.

Dairy Produce Export Control Act 1924.

LICENCE TO EXPORT DAIRY PRODUCE.

In pursuance of section 15 of the Dairy Produce Export Control Act 1924, I,  , Minister of State for Commerce, do hereby grant to                                          of                                          a licence to export dairy produce from the Commonwealth during, the period commencing on                            193 and ending on                            193               on the following terms and conditions:—

(1) That the licensce shall within seven days after the shipment of any dairy produce furnish a return in duplicate to the Dairy Produce Control Board—

(a) in the case of butter exported on consignment—in accordance with Form B* in the Schedule to the Dairy Produce Export Control (Licences) Regulations;

 

* Forms B, C, D, and E may be obtained from the Secretary, Dairy Produce Control Board Aberdeen House, 628 Collins-street, Melbourne, and the Collector of Customs is the capital city in each State, with the exception of Victoria.

Notified in the Commonwealth Gazette on 25th July, 1934.

2862.—Price 3d.


(b) in the case of cheese exported on consignment in accordance with Form C* in the Schedule, to the Dairy Produce Export Control (Licences) Regulations;

(c) in the case of butter exported and sold f.o.b. or c.i.f. or c.i.f. &e.— in accordance with Form D* in the Schedule to this Dairy Produce Export Control (Licences) Regulations; and

(d) In the case of cheese exported and sold f.o.b. or c.i.f. or c.i.f, &e.—in accordance with Form E* in the Schedule to the Dairy Produce Export Control (Licences) Regulation.

(2) That the licensce, in the case of dairy produce shipped on consignment, shall—

(a) notify the Board;

(b) in the case of dairy produce shipped to the United Kingdom, arrange for his agent or distributor in the United Kingdom to advise the London Agency of the Dairy Produce Control Board, within seven days after the sale has been effected, of the gross price, per hundredweight at which each grade of each shipment of dairy produce is sold; and

(c) in the case of dairy produce shipped to Canada or the United States of America, advise the Dairy Produce Control Board, within sixty days after the sale has been effected, of the gross price per hundredweight at which each grade of each shipment of dairy produce is sold.

(3) That the licensee shall insure each shipment of dairy produce with such company or companies as the Dairy Produce Control Board determines;

(4) That the licensce shall ship all dairy produce through such shipping companies as the Dairy Produce Control Board determines.

(5) That the licensce shall sell all dairy produce through such agents as the Dairy Produce Control Board determines.

(6) That the licensee shall withhold from shipment such proportion of dairy produce as the Dairy Produce Control Board determines.

(7) That the licensce, in the case of dairy produce shipped to Canada or the United States of America, shall also—

(a) ship all dairy produce to such persons, firms, or companies as the Dairy Produce Control Board determines;

(b) ship all dairy produce by such steamer or steamers as the Dairy Produce Control Board determines;

(c) apply to the Dairy Produce Control Board for the steamer space required for all shipments of dairy produce;

(d) permit the Dairy Produce Control Board, in its discretion, to allocate such steamer space; and

(e) permit the Dairy Produce Control Board, in its discretion, to fix the terms and conditions upon which dairy produce shall be sold.

(8) That the licensce shall not enter into any contract or agreement for this 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 fourteen days after the date upon which the licensee enters into such contract or agreement; and;

 

*Forms B, C, D, and E may be obtained from the Secretary, Dairy Produce Control Board Aberdeen House, 528 Collins-street, Melbourne, and the Collector of Customs in the capital city in such state, with the exception of Victoria.


(b) the price fixed under the contract or agreement is not less than such price as is for the time being determined by the Dairy Produce Control 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 this Dairy Produce Control Board as reasonable.

(9). That the licences shall comply with such other conditions or restrictions (including amendments of any conditions) as are prescribed after this licence is granted.

Dated this day of 193

Minister of State for Commerce.

N.B.—Section 15 (3.) of the Dairy Produce Export Control Act 1924, reads— “Where the Minister is satisfied, on report by this Board, that any person to whom a licence under this section has been granted has contravened or failed to comply with any term or condition upon which the licence was granted, the Minister may cancel the licence.”.

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

Overview

The Statutory Rules 1934 No. 87 amends the Dairy Produce Export Control (Licences) Regulations under the Dairy Produce Export Control Act 1924. Enacted by the Governor-General in the Federal Executive Council, these regulations aim to regulate the export of dairy produce by requiring licences and stipulating the terms and conditions under which such exports may occur. The Dairy Produce Export Control Act 1924 was introduced to address the need for controlling the export of dairy products to ensure quality and market stability, as well as to maintain economic benefits for Australian producers. The policy objective of these amendments is to update the regulatory framework to more effectively manage and oversee the export of dairy products, ensuring compliance with the prescribed terms and conditions to protect both the industry and consumers.

Scope and Application

The Dairy Produce Export Control Regulations, 1934, are statutory rules made under the Dairy Produce Export Control Act 1924, applying to all entities or persons involved in the export of dairy produce from Australia. The regulations govern the issuance of export licences, stipulating the terms and conditions under which such licences can be granted, including requirements for reporting sales, insurance, shipping, and agents. These regulations are applicable nationwide, reflecting the Commonwealth's jurisdiction over interstate and international trade. The scope of these regulations extends to the detailed processes and formalities that must be adhered to, including the use of specific forms for licence applications and sales reporting. Notably, the Dairy Produce Control Board retains significant discretion in determining various operational aspects, such as the companies through which insurance must be obtained, the shipping companies and agents to be used, and the prices at which dairy produce can be sold. The regulations also establish thresholds and conditions for compliance, with potential penalties for non-compliance, including the cancellation of export licences by the Minister of State for Commerce.

Key Provisions

The principal operative sections of the Dairy Produce Export Control (Licences) Regulations (Statutory Rules 1934, No. 87) amend Regulation 4 of the existing Dairy Produce Export Control (Licences) Regulations by repealing it and inserting a new regulation (Regulation 4) that specifies the form of the licence to export dairy produce. The new Form A in the Schedule to these Regulations details the structure and content of the licence, including the terms and conditions under which it is granted (Regulation 4(1)). The amendment also modifies the requirements for returns to be submitted to the Dairy Produce Control Board after the shipment of dairy produce, depending on the form of export and the destination (Regulation 4(2)). Furthermore, it outlines specific obligations for the licensee, such as notifying the Board, arranging for price reporting to the London Agency, and complying with the Board's determinations on insurance, shipping, and sales (Regulation 4(3) to (8)). The Act imposes several obligations on parties holding a licence to export dairy produce. These include the necessity to furnish a return in duplicate to the Dairy Produce Control Board within seven days of shipment (Regulation 4(1)(a) to (d)). For consignments to the United Kingdom, the licensee must ensure their agent or distributor reports the gross price per hundredweight within seven days of the sale, while for consignments to Canada or the United States, this report must be made within sixty days (Regulation 4(2)(b) and (c)). The licensee is also required to adhere to the Board's decisions regarding the insurance of shipments, the shipping companies, and the agents through which dairy produce must be sold (Regulation 4(3), (5), and (6)). Additionally, the licensee must comply with any additional conditions or restrictions imposed by the Board after the licence is granted (Regulation 4(9)). Breach of any term or condition of the licence may lead to its cancellation by the Minister (Section 15(3) of the Dairy Produce Export Control Act 1924). While the specific penalties for such breaches are not detailed in the Statutory Rules, it is reasonable to infer that such actions could result in severe consequences, including financial penalties or exclusion from future export activities. The precise penalties would likely be determined by the Minister in accordance with the severity of the breach and the specific provisions of the Act.

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Commercial Law
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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.