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

Overview

Statutory Rules 1936 No. 65, made under the authority of the Dairy Produce Act 1933-1935, were enacted to amend the Dairy Produce (Inter-State Trade) Regulations. These regulations were introduced to address administrative and procedural issues in the inter-state trade of dairy products. Enacted by the Governor-General with the advice of the Federal Executive Council, the regulations specifically alter the prescribed authorities and forms used in inter-state trade documentation. The primary objective of these amendments is to streamline the bureaucratic process and ensure consistency in the oversight of dairy produce trade across states. This legislative instrument aims to improve the efficiency and effectiveness of the inter-state trade mechanisms established under the Dairy Produce Act.

Scope and Application

The Statutory Rules 1936 No. 65, Regulations under the Dairy Produce Act 1933-1935, provide amendments to the Dairy Produce (Inter-State Trade) Regulations, impacting the prescribed authorities involved in the grading and certification of dairy products traded between states. These regulations apply to entities involved in the inter-state trade of dairy produce, specifically targeting the grading and certification processes within the industry. The regulations have a national reach across the Commonwealth of Australia, with specific references to the Dairy Produce Board and the Commonwealth Butter Grader, thereby affecting entities and individuals engaged in the production, grading, and interstate trade of dairy products. The amendments clarify the roles of the Dairy Produce Board and the Commonwealth Butter Grader, replacing references to the Tasmanian Dairy Products Board and specifying locations for grading activities. These changes came into effect on 1 June 1936, and the scope of the regulations is further extended and detailed through subordinate instruments such as amended forms and notes within the Schedule, ensuring clarity and precision in the prescribed authorities and processes involved.

Key Provisions

The primary operative sections of these Regulations (C1936L00065) amend various aspects of the Dairy Produce (Inter-State Trade) Regulations under the Dairy Produce Act 1933-1935. Regulation 4, in particular, alters the entities responsible for grading dairy products in interstate trade. Specifically, Regulation 4(1)(a) replaces the "Commonwealth Butter Grader at Adelaide" with the "Dairy Produce Board constituted under the Dairy Produce Act, 1934," while Regulation 4(1)(b) replaces the "Tasmanian Dairy Products Board" with the "Commonwealth Butter Grader at Launceston." These changes come into effect on 1 June 1936 as per Regulation 4(2). Additionally, the Regulations amend Forms A, C, E, and G in the Schedule to the Dairy Produce (Inter-State Trade) Regulations, updating references from "The Secretary" to "To" and modifying marginal notes to require the insertion of the "name and address of the prescribed authority" or the "official designation of prescribed authority" as appropriate. These Regulations impose several obligations on the parties governed by them. Primarily, they require that all relevant forms (A, C, E, and G) be updated to reflect the new prescribed authorities responsible for grading and overseeing the interstate trade of dairy produce. This includes inserting the correct name and address of these authorities in the designated sections of the forms. This change ensures that all documentation accurately reflects the current administrative structure and facilitates the smooth operation of dairy produce trade between states. Furthermore, the Regulations mandate that any marginal notes in the Schedule be updated to direct the insertion of the appropriate official designation of the prescribed authority. For breaches of the provisions within these Regulations, there are potential civil and criminal consequences. The specific penalties for non-compliance are not detailed in the provided text; however, under the broader framework of the Dairy Produce Act 1933-1935, penalties for breaches can include fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any additional statutory provisions that may apply. It is crucial for entities involved in the interstate trade of dairy products to adhere strictly to the updated requirements to avoid any legal repercussions.