Dairy Produce Export Control (Staff) Regulations (Amendment)

Overview

The Statutory Rules 1938, No. 118, introduced the Dairy Produce Export Control (Staff) Regulations to address specific administrative and operational needs arising from the implementation of the Dairy Produce Export Control Act 1936. This legislative instrument was enacted to provide the necessary framework for the allocation of financial allowances to the Secretary of the Board when additional duties related to research and investigation are required under the Act. The enacting body was the Parliament of Australia, and the policy objective was to ensure that the Board could effectively manage and regulate the export of dairy produce by having adequate staffing and resources to conduct necessary research and investigations. These regulations were designed to fill a gap in the administrative provisions of the original Act by allowing the Board to compensate the Secretary for additional work related to research and investigation, thereby supporting the implementation and enforcement of the Act’s provisions. The allowance for additional work ensures that the Board can efficiently carry out its duties without financial constraints, ultimately supporting the broader policy goal of regulating and improving the quality and standards of dairy produce exported from Australia.

Scope and Application

The Statutory Rules 1938, No. 118, introduced by the Dairy Produce Export Control (Staff) Regulations, specifically pertain to the allowance payable to the Secretary for additional duties related to research and investigation under the Act. This regulation applies to the Secretary, who is tasked with performing these additional duties at the behest of the Board. The regulation is geographically and jurisdictionally applicable within the Commonwealth, as it falls under the purview of the federal legislative framework. The allowance for these additional duties is capped at One hundred and fifty pounds per annum, subject to the Minister's determination. This regulation does not specify exclusions or exemptions, nor does it establish any particular thresholds for its application, thereby applying broadly to the Secretary’s duties as outlined. The scope of this regulation may be further extended or clarified through subordinate instruments, which could provide more detailed guidelines or conditions for the allowance.

Key Provisions

The Statutory Rules 1938, No. 118, which amend the Dairy Produce Export Control (Staff) Regulations, introduces a new regulation (section 5a) that allows for the payment of an allowance to the Secretary for additional work related to research and investigation. This allowance is capped at One hundred and fifty pounds per annum, determined by the Minister. This regulation is to be inserted immediately after regulation 5 in the original set of regulations. Under these amended regulations, the Board is tasked with ensuring that the Secretary is appropriately compensated for the extra duties they are required to perform, specifically in relation to research and investigation activities as outlined in section 22(a) of the Act. This implies a formal acknowledgment and financial recognition of the additional responsibilities undertaken by the Secretary to support the Board’s objectives. The obligations imposed by these regulations are primarily on the Board, which must ensure that the Secretary is paid the allowance as determined by the Minister. The Board must also oversee and manage the research and investigation activities to which the Secretary's additional duties pertain. These obligations are clearly defined in the new regulation, which stipulates the conditions under which the allowance is to be paid. Breach of these provisions, where the Board fails to comply with the payment of the allowance as stipulated, could lead to legal consequences. While specific penalties are not detailed in the statutory rules, non-compliance with regulatory requirements can typically result in legal actions, fines, or other penalties under the broader legislative framework governing the Dairy Produce Export Control Act. It is important for the Board to adhere strictly to these requirements to avoid any potential legal repercussions.