EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 237
Issued by the authority of the Minister for Primary Industry
DAIRY PRODUCE ACT 1986
DAIRY PRODUCE REGULATIONS (AMENDMENT)
The Dairy Produce Act 1986 (“the Act”) is the central piece of legislation in the legislative package which implements new dairy industry arrangements, most elements of which became effective on 1 July 1986. The Act deals with the assistance arrangements for the marketing and promotion of dairy produce; with the reform of the Australian Dairy Corporation (ADC); with the regulation of exports of dairy produce; with the collection of levies imposed by the Dairy Produce Levy (No. 1) Act 1988 and the Dairy Produce Levy (No. 2) Act 1986: and with incidental matters.
Sub-section 52(2) of the Act provides that the regulations may prohibit the export of a kind of dairy product. The Dairy Produce Regulations (No 166 of 1986) prohibit the export of butter, butteroil, cheese, casein, skimmilk powder, wholemilk powder and buttermilk powder, with the result that these products may only be exported by the ADC or by a person holding an export licence.
Sub-sections 55(1) and 58(1) provide that applications for licences and applications for renewal of licences shall be made as prescribed. Since the only grounds on which the ADC may refuse to issue a licence are that the applicant has been charged with or convicted of a prescribed offence, or that the applicant’s licence has previously been cancelled, proposed regulation 4A simply requires the applicant to supply self-identifying information, and information relating to prescribed offences.
Prescribed offences are offences against or arising under the Act or any other law of the Commonwealth or a State or Territory that is punishable by imprisonment for a period of 12 months or more or any other offence against or arising under a prescribed law of the Commonwealth or of a State or a Territory. No such laws have been prescribed. The proposed regulation does not require applicants to disclose whether a licence has previously been cancelled - ADC records will reveal this fact. The proposed regulation also provides for the applicant to provide a particular address for service of notices if a different address from the business address is desired for this purpose.
Proposed regulation 4B requires that a fee of $100 be paid in respect of each licence application. The fee is intended to cover the expenses associated with the licensing process.
Overview
The Dairy Produce Act 1986 was enacted to provide a comprehensive legislative framework for the marketing, promotion, and export of dairy produce in Australia. This Act was introduced to address the need for a structured approach to managing the dairy industry, including the regulation of exports and the reform of the Australian Dairy Corporation (ADC). Enacted by the Parliament of Australia, the primary policy objective of the Act was to ensure efficient and orderly management of the dairy industry, thereby supporting both producers and consumers. The Act includes provisions for levy collection, marketing assistance, and the oversight of dairy exports, all aimed at maintaining a stable and competitive dairy market. It forms part of a broader legislative package designed to implement new industry arrangements that became effective from 1 July 1986.
Scope and Application
The Dairy Produce Act 1986 is designed to regulate various aspects of the dairy industry in Australia, encompassing the marketing and promotion of dairy produce, the reform of the Australian Dairy Corporation (ADC), and the export regulation of dairy products. The Act applies to individuals and entities involved in the dairy industry, including farmers, processors, and exporters, as well as the ADC itself. Its jurisdictional reach extends nationally, as it is a Commonwealth Act. The Act also facilitates the collection of levies imposed by related legislation, such as the Dairy Produce Levy (No. 1) Act 1988 and the Dairy Produce Levy (No. 2) Act 1986. While the Act covers a broad scope, specific exclusions and exemptions are not detailed in the provided text, but are likely to be outlined in the regulations or subsidiary legislation. The Act's application can be further refined through subordinate instruments, which may specify additional details or conditions not covered in the primary legislation.
Key Provisions
The Dairy Produce Act 1986 and its associated regulations primarily govern the marketing, promotion, and export of dairy products in Australia, as well as the reform of the Australian Dairy Corporation (ADC). Section 52(2) of the Act allows for the prohibition of the export of certain dairy products, which are now restricted to exports by the ADC or by licence holders (Sub-section 55(1) and 58(1)). Specifically, the export of products such as butter, butteroil, cheese, casein, and various milk powders is regulated, and these products can only be exported under the auspices of the ADC or by holders of an export licence. Applications for these licences must be made in a prescribed manner, and section 4A of the proposed regulation mandates that applicants provide self-identifying information and details of any prescribed offences.
Under the Act, prescribed offences are defined as those that are punishable by imprisonment for a period of 12 months or more, or any other offence under the Act or other specified Commonwealth or State/Territory laws. However, no specific laws have been prescribed in this context. Applicants for export licences must also provide an address for service if they wish it to differ from their business address. The regulations further stipulate that a fee of $100 must be paid for each licence application (Proposed regulation 4B). This fee is intended to cover the administrative costs associated with processing the licence applications.
The Act and its regulations impose several obligations on the parties involved. Primarily, it mandates that any export of regulated dairy products must be conducted by the ADC or by individuals or entities holding valid export licences. The ADC is given the discretion to refuse licence issuance if the applicant has been charged with or convicted of a prescribed offence or if their licence has been previously cancelled. The regulations also require applicants to furnish specific information regarding their identity and any relevant criminal history, ensuring that the ADC has all necessary information to make informed decisions on licence applications. Additionally, the obligation to pay the stipulated fee for each licence application is a financial requirement that applicants must meet.
Failure to comply with the provisions of the Dairy Produce Act 1986 and its regulations can lead to civil and criminal consequences. While specific offences and penalties are not outlined in the provided text, the nature of the regulatory framework implies that unauthorised export of regulated dairy products could result in substantial penalties. Additionally, providing false information during the licence application process may be considered a criminal offence, subject to the prescribed penalties under relevant laws. The regulation of dairy product exports and the licensing process is crucial for maintaining the integrity of the dairy industry in Australia, and non-compliance can have significant legal repercussions.