Exports (Dairy Produce) Regulations (Amendment)

Overview

Statutory Rules 1978 No. 283, enacted under the authority of the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, addresses the need to amend existing regulations concerning the export of dairy produce. This legislative instrument was made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, to ensure the proper enforcement of export standards and trade descriptions for dairy products. The regulation was implemented to adjust the allowable limits within the Exports (Dairy Produce) Regulations, reflecting contemporary standards and requirements for dairy exports. The intent behind this amendment is to maintain the quality and integrity of Australian dairy products in the international market, ensuring compliance with both national and international trade standards.

Scope and Application

The Statutory Rules 1978 No. 283 made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, applies to the regulation of exports of dairy produce in Australia. This legislative instrument specifically amends the Exports (Dairy Produce) Regulations, which governs the standards and permissible quantities of dairy produce that can be exported. The regulation is pertinent to entities involved in the dairy industry, including dairy farmers, processors, and exporters. The amendment adjusts the threshold levels of permitted additives in exported dairy products, ensuring compliance with trade agreements and standards. This regulation has a national reach across Australia, as it is a Commonwealth legislation. The regulation extends its application through subordinate instruments, which may provide further details on enforcement and compliance measures. Exclusions and exemptions from the scope of this regulation are not explicitly mentioned in the provided text, and any such details would likely be found in the full body of the amended regulations.

Key Provisions

The primary operative section of this legislative instrument concerns the amendment of the Exports (Dairy Produce) Regulations, specifically within the Second Schedule. This amendment adjusts the quantity limit stipulated in paragraph 7 of item 5 from 50 to 55 (Second Schedule). This change likely impacts the allowable quantity of a specified dairy product that can be exported without requiring a special permit, thereby modifying existing export regulations. The obligations imposed by this regulation pertain to exporters of dairy produce. They must now comply with the new quantity limit of 55, as opposed to the previously applicable limit of 50. This necessitates that exporters ensure their export consignments adhere to the updated numerical threshold, which may involve revising documentation and export plans to reflect the change. In terms of legal consequences, the regulation does not explicitly outline penalties for non-compliance with the new quantity limit. However, under the broader framework of the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, non-compliance with export regulations can lead to civil or criminal penalties. These may include fines or imprisonment, depending on the severity and intent behind the breach. The exact penalties would be determined by the courts in the context of any enforcement actions taken against non-compliant exporters.