Dairy Produce Regulations (Amendment)

Overview

The Dairy Produce Regulations (Amendment) Statutory Rules 1987 No. 263 were enacted to ensure compliance with the International Dairy Arrangement (IDA) for the export of controlled dairy produce, reflecting Australia's obligations under the General Agreement on Tariffs and Trade (GATT). This amendment was issued by the Authority of the Minister for Primary Industries and Energy, and it primarily addresses the need to update the minimum export prices of certain dairy products as determined by the IDA Committees of Protocol. The policy objective is to align Australian regulations with the new minimum prices set by the IDA for products such as skimmed milk powder, whole milk powder, buttermilk powder, anhydrous milk fat, butter, and cheese, effective from 23 September 1987. By incorporating these amendments, the legislation ensures that Australian exporters adhere to the updated international standards and conditions for the export of dairy products.

Scope and Application

The Dairy Produce Regulations (Amendment) issued under the Statutory Rules 1987 No. 263, pertain to the conditions governing the export of controlled dairy produce in Australia, specifically reflecting the country’s commitments under the International Dairy Arrangement (IDA) within the General Agreement on Tariffs and Trade (GATT). This legislation applies to entities and individuals involved in the export of controlled dairy produce, ensuring they adhere to the specified international protocols. These protocols include minimum export prices for specific dairy products, which are set forth in the IDA and its associated protocols such as the Protocol Regarding Certain Milk Powders, the Protocol Regarding Milk Fat, and the Protocol Regarding Certain Cheeses. The regulations extend their jurisdiction nationwide, thereby affecting all exporters of dairy products across Australia. The amendment to subregulation 4(2) aligns the regulation with the IDA as it was in force on 23 September 1987, which includes the newly established higher minimum prices for various dairy products. Subordinate instruments may further extend or clarify the application of these regulations, ensuring compliance with international standards.

Key Provisions

The primary operative sections of the Dairy Produce Regulations (Amendment) focus on ensuring compliance with the International Dairy Arrangement (IDA) for the export of controlled dairy produce. Specifically, section 4(2) is amended to redefine the IDA to include the conditions in force at noon on 23 September 1987, reflecting the new minimum export prices set by the IDA. This means that any export of controlled dairy produce must adhere to these updated prices and the specific protocols established under the IDA, such as those for skimmed milk powder, whole milk powder, buttermilk powder, anhydrous milk fat, butter, and cheese. The amendment imposes obligations on parties involved in the export of dairy produce to comply with the revised minimum export prices as set out in the IDA. Licensees, who are authorised to export controlled dairy produce, must ensure that their export activities align with these new prices. This includes maintaining accurate records and reporting to demonstrate compliance with the IDA requirements. The regulations require that these minimum prices are observed at the free on board level, which means they must be upheld net of freight and insurance charges after the goods have been loaded onto the exporting vessel. Failure to comply with the amended regulations can result in various consequences. While the specific provisions for penalties are not detailed in the explanatory statement, breaches of export regulations generally can lead to civil or criminal penalties. Civil penalties may include fines, while criminal penalties can involve more severe sanctions, including imprisonment, depending on the severity and intent of the breach. The exact penalties would be determined according to the applicable laws governing trade and export compliance in Australia. In summary, the Dairy Produce Regulations (Amendment) update the conditions for exporting controlled dairy produce to align with the IDA, setting new minimum export prices for various dairy products. Licensees are obligated to adhere to these prices and comply with the IDA protocols. Non-compliance can lead to civil or criminal penalties, highlighting the importance of strict adherence to the updated regulatory framework.