Dairy Produce Export Control (Licences) Regulations (Amendment)

Overview

The Statutory Rules 1931, No. 84, made under the Dairy Produce Export Control Act 1924, address the need for stringent control over the export of dairy produce from Australia. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, these regulations were designed to ensure that the export of dairy products adheres to specified standards and procedures, thereby maintaining quality and fostering fair trade practices. The policy objective behind these regulations is to provide the Board with the authority to determine the agents through which licensees must sell their dairy produce, thereby enhancing regulatory oversight and ensuring compliance with export standards.

Scope and Application

The Regulations under the Dairy Produce Export Control Act 1924 apply specifically to entities and individuals who hold a licence for the export of dairy produce, as defined by the Act. These regulations establish stringent controls over the export activities of licensed parties, ensuring that they adhere to specific standards and directives, particularly regarding the sale of dairy produce through authorised agents determined by the Board. The Act and its regulations operate on a national level, applying across the Commonwealth of Australia, thus extending its reach uniformly to all states and territories within the country. The regulations also extend their application through subordinate instruments, allowing the Board to further refine and specify the conditions under which licensed entities must operate. However, the text does not provide explicit details about any exclusions, exemptions, or thresholds that might be applicable under these regulations.

Key Provisions

The key operative sections of these Regulations involve the amendment of Regulation 3 and the corresponding amendment to Form A in the Schedule of the Dairy Produce Export Control (Licences) Regulations (Regulations). Specifically, Regulation 3(d) is amended by adding a new subparagraph (da), which requires that licensees must sell all dairy produce through agents that the Board determines (Regulation 1). Furthermore, this requirement is mirrored in Form A of the Schedule, with the addition of paragraph (4a) specifying that the licensee must sell all dairy produce through such agents as the Board determines (Regulation 2). These amendments are designed to ensure that the sale of dairy produce by licensed entities is conducted through channels approved by the relevant regulatory authority. The Regulations impose specific obligations on the parties governed by them. Most notably, they mandate that any entity holding a licence under the Dairy Produce Export Control Act 1924 must comply with the determinations of the Board regarding the agents through which they can sell dairy produce. This means that licensees cannot choose their own sales agents but must instead rely on those approved by the Board. This requirement likely aims to maintain control over the export process, ensuring that it aligns with broader economic and regulatory objectives set by the government or the Board. There are no explicit provisions within these Regulations detailing offences, penalties, or consequences for non-compliance. However, it is reasonable to infer that non-compliance with these Regulations could lead to penalties under the overarching Dairy Produce Export Control Act 1924. Such penalties might include fines, revocation of the licence, or other administrative actions deemed necessary by the relevant authorities to enforce compliance. While the specific maximum penalties are not detailed in these Regulations, they would be governed by the provisions of the primary Act and any associated regulations or administrative guidelines.