Dairy Produce Export Control (Staff) Regulations (Amendment)

Overview

The Statutory Rules 1941 No. 156, enacted under the authority of the Dairy Produce Export Control Act 1924-1938, addresses the need for specific provisions regarding the compensation for the dependents of officers who have rendered long service within the dairy industry's export control framework. The enactment, issued by the Governor-General in Council, introduces a new regulation permitting the Board to provide financial support to the dependants of officers who have served more than fifteen years continuously. This legislative instrument aims to ensure that the families of long-serving officers receive appropriate recognition and support following the officer's death. The regulation was introduced to fill a gap in the existing statutory framework by formalising the process through which such gratuities could be awarded. The policy objective is to acknowledge and reward the dedicated service of officers who have contributed significantly to the dairy produce export control system.

Scope and Application

The Statutory Rules 1941, No. 156, made under the Dairy Produce Export Control Act 1924-1938, amends the existing Dairy Produce Export Control (Staff) Regulations by inserting a new regulation, 5c, which allows the Board to pay a gratuity to the dependants of an officer who has died after serving more than fifteen years with the Board and the Dairy Produce Control Board. This regulation applies to officers who have rendered long-term service to the Board and the Dairy Produce Control Board, specifically targeting their dependants in the event of the officer’s death. The geographic reach of these regulations is limited to the Commonwealth of Australia, as they pertain to the control of dairy produce exports, which is a federal matter. The Act and its subordinate regulations do not explicitly state exclusions or exemptions, implying that the provisions apply broadly to all officers meeting the specified service criteria. The Act and its regulations are part of a broader legislative framework that extends and restricts application through subordinate instruments, ensuring detailed governance of the dairy produce export control mechanisms.

Key Provisions

The main operative section of this legislative instrument is regulation 5c, which introduces a new provision concerning the payment of gratuities to the dependants of officers who have served the Board and the Dairy Produce Control Board for more than fifteen years continuously and who die in service (reg. 5c). This regulation allows the Board to make such payments, subject to the determination of the Minister following a recommendation by the Board. Under this Act, the Board has the obligation to consider the circumstances of officers who have passed away and who have had more than fifteen years of continuous service. If the Board determines that a gratuity should be paid to the dependants of such an officer, it must make a recommendation to the Minister. The Minister then has the authority to determine the amount of the gratuity to be paid. This process ensures that the Board and the Minister work together to fairly assess and approve any payments to be made to the dependants of long-serving officers. There are no specific offences, penalties, or civil or criminal consequences outlined in this legislative instrument for breaches of its provisions. The regulation focuses primarily on the establishment of a procedure for the payment of gratuities to the dependants of long-serving officers, rather than on punitive measures for non-compliance. As such, the primary consequences of failing to adhere to the regulation would likely be the inability to receive the intended benefits of the gratuity payment for the dependants of eligible officers. In summary, regulation 5c of the Dairy Produce Export Control (Staff) Regulations introduces a new provision that allows for the payment of gratuities to the dependants of officers who have served the Board and the Dairy Produce Control Board for more than fifteen years continuously and who die in service. The Board has the obligation to recommend such payments to the Minister, who then determines the amount to be paid. There are no explicit penalties or consequences outlined in this regulation for failing to comply with its provisions, but the primary effect would be the denial of the intended benefits to the dependants of eligible officers.