Dairy Produce (Inter-state Trade) Regulations (Amendment)

Legislation au C1935L00047 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1935. No. 47.

————

REGULATIONS UNDER THE DAIRY PRODUCE ACT 1933-1935.*

I, THE GOVERNOR GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Dairy Produce Act 1933-1935.

Dated this Seventeenth day of May, 1935.

(Sgd.) ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

for Minister of State for Commerce.

 

Amendments of the Dairy Produce (Inter-State Trade) Regulations.†

Processed cheese.

1. Regulation 3 of the Dairy Produce (Inter-State Trade) Regulations is hereby repealed.

Owner’s licence.

2. Regulation 6 of the Dairy Produce (Inter-State Trade) Regulations is amended by omitting paragraphs (iii), (iv) and (v) of sub-regulation (2.) and inserting in their stead the following paragraphs:—

“(iii) That the licensee shall export from Australia, or cause to be exported on his behalf, during such periods as a prescribed authority specifies, such percentage of each kind of dairy produce (namely, butter or cheese) which is produced in Australia during any specified period and comes into the possession or custody of the licensee, as is from time to time fixed by the Minister, upon the report of a prescribed authority, and notified in the Gazette.

“(iv) That the licensee shall export from Australia, or cause to be exported on his behalf, during such periods as a prescribed authority specifies, such percentage of each kind of dairy produce (namely, butter or cheese) which is produced in Australia during any period specified by the Minister in any notification of the kind referred to in the last preceding paragraph and is held in stock by the licensee at the date of the issue of his licence, and

* Notified in the Commonwealth Gazette on  May, 1935.

† Statutory Rules 1934, No. 50, as amended by Statutory Rules 1934, No. 131.

1759—15/2.5.1935.—Price 3d.


of any other butter or cheese which is produced in Australia during that period and comes into his custody or possession, as is determined by a prescribed authority to be necessary to place the licensee (so far as it is possible to do so without requiring him to acquire, for the purpose of export, additional quantities of butter or cheese produced during any period so specified) upon the same footing with respect to the export of dairy produce as licensees to whom licences were issued prior to that date.

“(v) That, in the calculation of the percentage of butter or cheese which has been exported by the licensee, or which the licensee is required to export, in pursuance of paragraph (iii) or paragraph (iv) of these terms and conditions—

(a) there shall be excepted from the butter or cheese coming into the possession or custody of the licensee any butter or cheese which, in the opinion of the prescribed authority, has been taken into account in calculating any such percentage while that butter or cheese was in the possession or custody of some other person; and

(b) where any cheese has been subjected to some further process of manufacture, and the weight of the cheese so manufactured is greater than the weight of the cheese from which it was manufactured, the weight of that cheese so manufactured shall be deemed to be the same as the weight of the cheese from which it was manufactured.”.

The Schedule—Form B. amended.

3. Form B in the Schedule to the Dairy Produce (Inter-State Trade) Regulations is amended by omitting paragraphs (iii), (iv) and (v) and inserting in their stead the following paragraphs:—

“(iii) That the licensee shall export from Australia, or cause to be exported on his behalf, during such periods as a prescribed authority specifies, such percentage of each kind of dairy produce (namely, butter or cheese) which is produced in Australia during any specified period and comes into the possession or custody of the licensee, as is from time to time fixed by the Minister, upon the report of a prescribed authority, and notified in the Gazette.

“(iv) That the licensee shall export from Australia, or cause to be exported on his behalf, during such periods as a prescribed authority specifies, such percentage of each kind of dairy produce (namely, butter or cheese) which is produced in Australia during any period specified by the Minister in any notification of the kind referred to in the last preceding paragraph and is held in stock by the licensee at the date of the issue of his licence, and of any other butter or cheese which is produced in Australia during that period and comes into his custody or possession, as is determined by a prescribed authority to be necessary to place the licensee (so far as it is possible to do so without requiring him to acquire, for the purpose of export, additional quantities of butter or cheese produced during any period so specified) upon the same footing with respect to the export of dairy produce as licencees to whom licences were issued prior to that date.


“(v) That, in the calculation of the percentage of butter or cheese which has been exported by the licensee, or which the licensee is required to export, in pursuance of paragraph (iii) or paragraph (iv) of these terms and conditions—

(a) there shall be excepted from the butter or cheese coming into the possession or custody of the licensee any butter or cheese which, in the opinion of the prescribed authority, has been taken into account in calculating any such percentage while that butter or cheese was in the possession or custody of some other person; and

(b) where any cheese has been subjected to some further process of manufacture, and the weight of the cheese so manufactured is greater than the weight of the cheese from which it was manufactured, the weight of that cheese so manufactured shall be deemed to be the same as the weight of the cheese from which it was manufactured.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Dairy Produce Act 1933-1935 was enacted to address the regulation of dairy produce trade both within and outside Australia. This Act was introduced by the Parliament of Australia to ensure that the dairy industry could be effectively managed and controlled, particularly in relation to the inter-state trade of dairy products. The 1935 Regulations under the Act, specifically Statutory Rules 1935, No. 47, were established to refine and update the existing Dairy Produce (Inter-State Trade) Regulations, ensuring that the management of dairy exports remained aligned with the objectives of the Act. The policy objective behind these regulations was to maintain fairness and stability within the dairy industry by controlling the export of dairy products and ensuring that all participants had equal opportunities to export under fair conditions.

Scope and Application

The Dairy Produce (Inter-State Trade) Regulations 1935, made under the authority of the Dairy Produce Act 1933-1935, regulate the inter-state trade of dairy produce such as butter and cheese. These regulations apply to individuals or entities that hold an owner's licence, requiring them to export specified percentages of dairy produce produced in Australia during certain periods. The regulations specify the terms and conditions under which these exports must occur, including the calculation of percentages and the exceptions applicable to certain dairy products. The scope of these regulations is federal, applying across Australia, and they are enforced through amendments to the existing regulations and the updating of forms such as Form B. The regulations do not explicitly state any exclusions or thresholds, but they are subject to interpretation and modification through subordinate instruments, which may further define their application and implementation.

Key Provisions

The main operative sections of these Regulations under the Dairy Produce Act 1933-1935 (section 2) are significant for the inter-state trade of dairy products, particularly butter and cheese. Regulation 1 repeals the previous regulation regarding processed cheese, which removes any restrictions or requirements that were previously in place for the export of processed cheese. Regulation 2 amends Regulation 6 of the Dairy Produce (Inter-State Trade) Regulations, replacing existing sub-regulations with new provisions that dictate the percentages of butter or cheese that a licensee must export during specified periods. These percentages are determined by a prescribed authority, reported by the Minister, and notified in the Gazette. Regulation 3 ensures that the changes made in Regulation 2 are reflected in Form B of the Schedule to the Regulations, aligning the form with the new export requirements. The obligations imposed by these Regulations on the parties they govern are primarily concerned with the export of dairy produce. Licensees are required to export specified percentages of butter and cheese produced in Australia during certain periods. These percentages are set by a prescribed authority and communicated to the licensees. The Regulations also provide specific conditions for calculating these percentages, including exceptions for dairy products that were already accounted for in prior calculations or that have undergone further processing. Compliance with these requirements ensures that the licensees adhere to the export mandates set by the Minister. Any breach of these Regulations could result in civil or criminal penalties, although the specific penalties are not detailed within the text of the Regulations. Typically, under the Dairy Produce Act 1933-1935, penalties for non-compliance can include fines and, in severe cases, imprisonment. The exact penalties would be determined by the courts based on the nature and severity of the breach. The Act and accompanying Regulations are designed to maintain control over the export of dairy products, ensuring fair trade practices and adherence to export quotas.

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