Dairy Produce Export Control (Licences) Regulations (Amendment)

Overview

The Statutory Rules 1965 No. 27, made under the Dairy Produce Export Control Act 1924-1963, was enacted to address the need for regulating the export of dairy produce, including various caseinates, to ensure compliance with national export controls. This regulation was issued by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The policy objective behind this regulation was to amend the existing Dairy Produce Export Control (Licences) Regulations by updating the list of products classified as dairy produce to include specific caseinates. This legislative instrument aimed to clarify and extend the scope of export controls on dairy products to maintain quality standards and regulatory oversight in the export market.

Scope and Application

The Statutory Rules of 1965, No. 27, made under the Dairy Produce Export Control Act 1924-1963, pertain to the amendment of the Dairy Produce Export Control (Licences) Regulations. These regulations are primarily concerned with the control and licensing of exports of dairy products from Australia. The legislation applies to all entities and persons involved in the export of prescribed dairy products, including sodium caseinate, potassium caseinate, calcium caseinate, and ammonium caseinate, which are newly added to the list of regulated dairy products. The regulation's geographic reach is national, as it operates within the Commonwealth of Australia. The regulation extends to all prescribed dairy products exported from Australia, regardless of the destination. There are no specific exclusions or exemptions noted in this regulation, but it is noted that the regulation can be further extended or restricted through subordinate instruments. This amendment ensures that the scope of controlled dairy exports is updated to include additional caseinate products, thereby reinforcing the control mechanisms established under the Act.

Key Provisions

The Dairy Produce Export Control (Licences) Regulations 1965, as amended, set out the main operative sections relevant to the export of dairy products from Australia. Section 4A of these regulations defines and lists the products that are considered as dairy produce, including casein and various caseinates such as sodium, potassium, calcium, and ammonium caseinate. This section is particularly significant as it updates the previous definitions to include these new caseinates, thereby expanding the scope of controlled substances. The Act imposes specific obligations on entities involved in the export of dairy products. Exporters must ensure that they hold the appropriate licence as required under the regulations. This includes compliance with all aspects of the licence, such as the accurate declaration of products being exported and adherence to the prescribed standards for each type of dairy produce. These obligations are designed to maintain the quality and integrity of Australian dairy exports, ensuring they meet both domestic and international standards. Failure to comply with the provisions of the Act can result in various civil and criminal consequences. Violations may lead to fines or penalties as stipulated by the legislation. The maximum penalties for non-compliance can vary, but they are intended to enforce adherence to the regulatory framework and deter any attempts to circumvent the export controls. Additionally, persistent or severe breaches may result in legal action against the offending parties, further emphasizing the importance of strict compliance.