STATUTORY RULES.
1938. No. 53.
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REGULATION UNDER THE DAIRY PRODUCE EXPORT CONTROL ACT 1924-1937.*
WHEREAS by section 14 of the Dairy Produce Export Control Act 1924-1937 it is enacted that (subject to sub-section (2.) of that section) for the purpose of enabling the Australian Dairy Produce Board effectively to control the export and the sale and distribution after export of Australian dairy produce, the Governor-General may by proclamation prohibit the export from the Commonwealth of any dairy produce except in accordance with a licence granted under that Act;
And whereas by proclamation dated the twenty-ninth day of July, 1936, the Deputy of the Governor-General prohibited the export from the Commonwealth on and after the first day of August, 1936, of any dairy produce to places other than the ports referred to in sub-section (2.) of section 14 of the said Act except in accordance with a licence granted under the said Act:
And whereas the Australian Dairy Produce Board has recommended to the Minister that licences granted under the said Act should be granted upon the terms and conditions prescribed by the Dairy Produce Export Control (Licences) Regulations, as amended by the Regulation hereunder:
Now therefore I, the Administrator of the Government of 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 1924-1937.
Dated this Fifteenth
day of June , 1938.
Administrator.
By His Excellency’s Command,
Acting Minister of State for Commerce.
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Amendment of the Dairy Produce Export Control (Licences) Regulations.†
Terms and conditions of licences.
Regulation 7 of the Dairy Produce Export Control (Licences) Regulations is amended by inserting in paragraph (8), after the word “shall”, the words “, if the Board so directs”.
* Notified in the Commonwealth Gazette on , 1938.
† Statutory Rules 1936, No. 102.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2786.—8/24.5.1938.—Price 3d.
Overview
The Dairy Produce Export Control Act 1924-1937 was enacted to address the need for effective regulation and control over the export of Australian dairy produce. This Act was passed by the Australian Parliament to provide the Australian Dairy Produce Board with the authority to manage the export of dairy products and to ensure that exports are carried out in a manner that supports national interests and industry standards. The primary policy objective of the Act was to protect and enhance the dairy industry by controlling the distribution and sale of dairy produce after it has been exported, thus ensuring that the industry benefits from regulated and orderly exports. The 1938 statutory rules under this Act were introduced to amend the terms and conditions of licences required for the export of dairy produce, reflecting the ongoing need to adapt and refine the regulatory framework to meet evolving industry requirements and market conditions.
Scope and Application
The Dairy Produce Export Control Regulations 1938, established under the Dairy Produce Export Control Act 1924-1937, govern the export of dairy products from Australia. This legislation applies specifically to the export of dairy produce, targeting entities and individuals involved in the export process, including dairy farmers, exporters, and intermediaries. It sets the terms and conditions under which licences are granted for the export of such products, ensuring the Australian Dairy Produce Board can effectively control and manage the distribution and sale of dairy produce post-export. The Act operates on a national level within Australia, with its jurisdiction extending across the Commonwealth. The Regulations allow for the prohibition of export activities, except under the terms specified by the Board and as amended by subordinate instruments. Notably, these Regulations do not exempt any specific entities or products, ensuring a uniform approach to the management of dairy exports. The scope of these Regulations can be further extended or restricted through additional proclamations or amendments, maintaining flexibility in response to changing market conditions and policy objectives.
Key Provisions
The primary operative sections of this statutory instrument are those that amend Regulation 7 of the Dairy Produce Export Control (Licences) Regulations. Specifically, Regulation 7 is amended to include additional terms and conditions under which licences may be granted for the export of dairy produce. The amendment to paragraph (8) introduces the condition that the licences may be subject to the direction of the Australian Dairy Produce Board (ADPB), thereby giving the Board additional discretion in issuing licences (Regulation 7, amended paragraph 8). This amendment effectively allows the ADPB to impose specific terms and conditions on the export licences as they see fit.
The obligations imposed by this legislation on the parties involved primarily revolve around compliance with the amended terms and conditions set forth by the ADPB. Entities seeking to export dairy produce must now adhere to any additional stipulations imposed by the Board as part of their licence agreement. This includes ensuring that all export activities comply with any conditions that the Board may direct, thereby necessitating close coordination and communication between the exporters and the Board. The ADPB, on the other hand, is required to act within the scope of their authority as delineated by the Dairy Produce Export Control Act 1924-1937, ensuring that their directions are reasonable and within the legislative framework.
Failure to comply with the terms and conditions of the licences, particularly those directed by the ADPB, can lead to various consequences. While the specific offences and penalties are not detailed within the statutory rules, it is reasonable to infer that breaches of licence conditions could result in civil or criminal actions under the overarching Dairy Produce Export Control Act 1924-1937. For instance, unauthorised exports or non-compliance with Board-directed terms could lead to fines, cancellation of export licences, or even legal action. The exact penalties would be determined based on the severity and nature of the breach, potentially including both financial penalties and other remedial measures as deemed appropriate by the relevant authorities.