EXPLANATORY STATEMENT
STATUTORY RULES 1983 No. 226
Issued by the Authority of the Minister for Primary Industry
DAIRY PRODUCE REGULATIONS (AMENDMENT)
The Dairy Produce Act 1924 (the Act) establishes the Australian Dairy Corporation.
Section 13 of the Act provides that the functions of the Corporation are:
(a) to promote the export from Australia of dairy produce;
(b) to control the export from Australia of dairy produce;
(c) to control the sale and distribution of dairy produce after its export from Australia;
(d) to promote trade and commerce in dairy produce among the States, between States and Territories and within the Territories;
(e) to improve the production and encourage the consumption of dairy produce in the Territories; and
(f) such other functions in connection with dairy produce as are provided by the regulations.
Section 30 of the Act, insofar as it is relevant, provides that the Governor-General may make regulations not inconsistent with the Act prescribing all matters which are required or permitted to be prescribed for carrying out or giving effect to the Act.
The purpose of the regulation is to provide an additional function of the Corporation in connection with dairy produce, pursuant to paragraph 13(f) of the Act. The function will enable the Corporation to sell, on the domestic market, certain cheese, produced in 1982/83, which was originally purchased by the Corporation for export to Japan and for which export markets cannot presently be found. It is necessary that the Corporation dispose of the cheese quickly before it begins to deteriorate.
It is not presently a function of the Corporation to sell on the domestic market, however, a general power to buy and sell dairy produce is provided to the Corporation by section 15 of the Act. The proposed regulation will confer a function that is specifically limited to the particular stocks of cheese as it is considered neither appropriate, nor desirable to be conferring on the Corporation a general additional function to sell on the domestic market by means of a regulation. Such a fundamental addition to the Corporation’s power would more appropriately be made by an amendment to the Act.
The reference to ‘trading corporation’, which is defined in accordance with placitum 51 (xx) of the Constitution, was included on the advice of the Attorney-General’s Department in order to secure the constitutional basis for the proposed regulation.
Overview
The Dairy Produce Regulations (Amendment) Statutory Rules 1983, issued by the Authority of the Minister for Primary Industry, are an amendment to the Dairy Produce Act 1924. The Act was enacted to establish the Australian Dairy Corporation, with the primary aim of promoting and controlling the export of dairy produce from Australia, as well as regulating its sale and distribution post-export. Section 13 of the Act delineates the Corporation's functions, including the promotion of trade and consumption of dairy produce domestically. The 1983 amendment sought to address a specific problem: the Corporation had purchased a batch of cheese intended for export to Japan, which could not be sold due to a lack of export markets. Consequently, the regulation was introduced to enable the Corporation to sell this cheese domestically before it deteriorated. This amendment was necessary to swiftly dispose of the cheese, leveraging the Corporation's existing power to buy and sell dairy produce under section 15 of the Act. The regulation was carefully crafted to avoid conferring a general domestic sales function on the Corporation, as such a significant change would ideally require an amendment to the Act itself. Furthermore, the inclusion of the term ‘trading corporation’ was advised by the Attorney-General’s Department to ensure the regulation's constitutional validity.
Scope and Application
The Dairy Produce Regulations (Amendment) pertain to the Australian Dairy Corporation, established under the Dairy Produce Act 1924. These regulations introduce an additional function for the Corporation, allowing it to sell specific cheese produced in 1982/83 on the domestic market. This amendment is necessary due to the unavailability of export markets, particularly for Japan, where the cheese was originally intended. The primary objective is to expedite the sale of these stocks to prevent spoilage. The scope of this regulation is limited to the particular stocks of cheese in question, rather than conferring a broad, general power for the Corporation to sell domestically. The regulation is supported by the existing authority granted to the Corporation under section 15 of the Act to buy and sell dairy produce, and it is aligned with the broader functions outlined in section 13 of the Act, such as promoting and controlling the export of dairy produce. The regulation's application is within the Commonwealth jurisdiction, and it does not extend to other states or territories unless otherwise specified. The regulation's exclusions and limitations are explicitly defined to ensure it does not conflict with the overarching Act.
Key Provisions
The Dairy Produce Regulations (Amendment) introduces a specific function for the Australian Dairy Corporation (ADC) under section 13(f) of the Dairy Produce Act 1924. This amendment allows the ADC to sell certain stocks of cheese on the domestic market, which were originally intended for export to Japan but are no longer viable for export. This particular function is confined to the cheese produced in the 1982/83 season, and it is necessary to expedite the sale to prevent the cheese from deteriorating. This regulation is made possible by the general power of the ADC to buy and sell dairy produce as provided under section 15 of the Act, although the specific function for this cheese sale is not a general power but rather a targeted one to address the immediate situation.
The obligations under these regulations require the ADC to adhere strictly to the conditions outlined in the amendment. This includes ensuring that the sale of the cheese is conducted in a manner that aligns with the overarching objectives of the Act, which are to promote and control the export and sale of dairy produce, and to improve production and consumption of dairy products in Australia. The ADC must also ensure that the sale of the cheese is done in a way that does not contravene any other provisions of the Act or any other relevant legislation. Furthermore, the ADC is obliged to act within its defined powers and ensure that the sale does not extend beyond the scope of the particular cheese stocks in question.
Failure to comply with the provisions of these regulations may result in civil or criminal consequences. While the specific penalties are not detailed within the explanatory statement, breaches of regulations under the Dairy Produce Act 1924 can typically lead to fines or other penalties as determined by the courts. The exact nature and severity of the penalties would depend on the specific breach and the discretion of the court in imposing sanctions. The regulations ensure that the ADC's actions are lawful and within the scope of its regulatory framework, which is intended to protect both the interests of the dairy industry and consumers.