STATUTORY RULES.
1962. No. 16.
REGULATION UNDER THE DAIRY PRODUCE EXPORT CONTROL ACT 1924-1958.*
WHEREAS by section fourteen of the Dairy Produce Export Control Act 1924-1958 it is enacted that the regulations may prohibit the export from the Commonwealth of dairy produce—
(a) except by a person who holds a licence granted as prescribed; and
(b) except in accordance with such conditions and restrictions as are prescribed after recommendation to the Minister by the Australian Dairy Produce Board:
And whereas the Australian Dairy Produce Board has recommended to the Minister that the conditions and restrictions applying to the export from the Commonwealth of dairy produce should be the conditions and restrictions set forth in the Dairy Produce Export Control (Licences) Regulations as amended in the manner set forth in the following Regulation:
Now therefore I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Dairy Produce Export Control Act 1924-1958.
Dated this twenty-second day of February, 1962.
Governor-General.
By His Excellency’s Command,
(sgd.) C. F. ADERMANN
Minister of State for Primary Industry.
Amendment of the Dairy Produce Export Control (Licences) Regulations.†
Regulation 5 of the Dairy Produce Export Control (Licences) Regulations is repealed and the following regulation inserted in its stead:—
Regulation of export.
“5.—(1.) The export of butter or cheese to the United Kingdom is prohibited except by a person who holds a licence in force under these Regulations to export butter or cheese, as the case may be, to the United Kingdom.
* Notified in the Commonwealth Gazette on 12th March, 1962.
† Statutory Rules 1955, No. 38, as amended by 1957, No. 50; 1958, No. 29; and 1961, No. .
10168/61.—Price 3d. 9/18.12.1961.
“(2.) The export of butter or cheese to a country other than the United Kingdom is prohibited except by a person who holds a licence in force under these Regulations to export butter or cheese, as the case may be, to countries other than the United Kingdom.
“(3.) The export of butter or cheese for use of the passengers and crew of a ship on a voyage from Australia to an overseas port is prohibited—
(a) except by a person who holds a licence in force under these Regulations to export butter or cheese, as the case may be, to be so used; or
(b) unless the butter or cheese was supplied by a person authorized in writing by the Board to supply butter or cheese, as the case may be, to be so used.
“(4.) The export of a product (not being butter or cheese) that is dairy produce for the purposes of the Act is prohibited except by a person who holds a licence in force under these Regulations to export that product.
“(5.) The export of dairy produce is prohibited except in accordance with the conditions and restrictions prescribed by these Regulations.”.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
The Dairy Produce Export Control (Licences) Regulations, 1962, are a statutory instrument made under the authority of the Dairy Produce Export Control Act 1924-1958. Enacted by the Australian Government, this regulation was introduced to address the need for stringent control over the export of dairy products to ensure that exports meet both domestic and international standards and to manage the allocation of resources effectively. The policy objective of these regulations is to maintain the quality and availability of dairy products within Australia by regulating their export through licensing and prescribed conditions, thereby safeguarding the local market and supporting the dairy industry.
The regulation specifically targets the export of butter, cheese, and other dairy products, prohibiting such exports unless conducted by a licensed individual or entity in accordance with the conditions set forth by the Australian Dairy Produce Board. By requiring a licence for export activities, the regulation aims to ensure that only those who meet certain standards and have the capacity to comply with export requirements are permitted to export dairy products, thus protecting both the industry and consumers.
Scope and Application
The Statutory Rules 1962 No. 16, made under the Dairy Produce Export Control Act 1924-1958, outlines stringent regulations concerning the export of dairy produce from Australia, focusing primarily on butter, cheese, and other dairy products. The Act applies to individuals or entities intending to export dairy products from the Commonwealth of Australia, mandating that such exports can only be carried out by those holding a valid licence as prescribed by the regulations. These regulations are applicable on a national level, impacting the dairy industry across the Commonwealth. The legislation prohibits the export of dairy produce to any destination unless specific conditions and restrictions, as recommended by the Australian Dairy Produce Board and approved by the Minister, are adhered to. The Act does not explicitly state any exclusions or exemptions, suggesting that the regulatory framework is comprehensive and applicable to all entities within its scope. Additionally, the Act's scope can be extended or further defined through subordinate instruments, ensuring adaptability to changing circumstances or regulatory needs.
Key Provisions
The main operative sections of the Dairy Produce Export Control (Licences) Regulations (Regulation 5) establish a stringent licensing framework for the export of dairy products from Australia. Section (1) specifies that the export of butter or cheese to the United Kingdom is only permissible if the exporter holds a valid licence under these regulations. Similarly, Section (2) mandates that the export of butter or cheese to any country other than the United Kingdom requires a specific licence. Section (3) prohibits the export of butter or cheese for the use of passengers and crew on voyages from Australia to overseas ports, unless the exporter holds a relevant licence or the dairy produce was supplied by an entity authorised by the Australian Dairy Produce Board. Section (4) extends the licensing requirement to any dairy product other than butter or cheese. Finally, Section (5) states that all exports of dairy produce are subject to the conditions and restrictions outlined in these regulations.
These regulations impose significant obligations on parties involved in the export of dairy products. Firstly, any person or entity intending to export butter, cheese, or other dairy produce must obtain the appropriate licence from the Australian Dairy Produce Board. This involves adhering to the application process and meeting the criteria set by the Board. For exports intended for ships' passengers and crew, suppliers must be authorised by the Board, ensuring compliance with the specified regulations. Furthermore, the regulations necessitate that all exports comply with the conditions and restrictions prescribed, which may include quality standards, documentation requirements, and other regulatory compliance measures.
Failure to comply with these regulations can result in legal consequences. The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences within the provided text, but it is implied that breaches of these regulations could lead to legal action under the Dairy Produce Export Control Act 1924-1958. Given the regulatory nature of the Act, penalties for non-compliance could include fines, confiscation of the exported products, or other enforcement actions deemed necessary by the authorities to ensure adherence to the regulatory framework.