Exports (Dairy Produce) Regulations (Amendment)

Legislation au C1974L00219 Regulations Not in force Legislative Instrument

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Statutory Rules

1974 No. 219

REGULATIONS UNDER THE CUSTOMS ACT 1901-1974 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Customs Act 1901-1974 and the Commerce (Trade Descriptions) Act 1905-1973.

Dated this twenty-sixth day of November, 1974.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

K. S. WRIEDT

Minister of State for Agriculture

and for and on behalf of the Minister

of State for Customs and Excise.

Amendments of the Exports (Dairy Produce) Regulations†

Interpretation.

1. Regulation 4 of the Exports (Dairy Produce) Regulations is amended—

(a) by inserting in sub-regulation (1), after the definition of “ cheese ”, the following definition:—

“ ‘ container system unit ’ means a container (including a lift-van, but not including a vehicle) designed for repeated use as a unit of cargo-handling equipment in the transport of goods by ships specially constructed, adapted or equipped for the handling and carrying of containers of the kind to which the container belongs in the course of a transportation system in which goods are transported to, in and from the ship in containers of that kind; ”; and

(b) by omitting from sub-regulation (1) the definition of “ milled butter ”.

Exportation of dairy produce prohibited except subject to conditions.

2. Regulation 7 of the Exports (Dairy Produce) Regulations is amended—

(a) by inserting in paragraph (j) of sub-regulation (1), after the word “ ship ”, the words “ or is stowed, for export, in a container system unit ”; and

(b) by inserting in that paragraph, after the word “ hold ” (second occurring), the words “ or container system unit, as the case may be,”.

* Notified in the Australian Government Gazette on 27 November 1974.

† Statutory Rules 1962, No. 36, as amended by Statutory Rules 1963, No. 137; 1965, Nos. 45 and 54; 1966, No. 46; and 1969, No. 30.


Grades of butter, margarine and cheese.

3. Regulation 8 of the Exports (Dairy Produce) Regulations is amended by omitting from the table in sub-regulation (3) the words and figures—

“ Margarine graded at 90 to 100 points inclusive.............

Table quality

Margarine graded at 83 to 89 points inclusive...............

Cooking quality ”

and substituting the words and figures—

“ Margarine graded at 83 to 86 points inclusive..............

Manufacturing quality ”.

Trade description.

4. Regulation 10 of the Exports (Dairy Produce) Regulations is amended by omitting sub-regulation (11).

Dairy produce to be sent to appointed places.

5. Regulation 16 of the Exports (Dairy Produce) Regulations is amended—

(a) by omitting from sub-regulation (2) the words “ (other than milled butter) ” and substituting the word “ , margarine ”; and

(b) by omitting from sub-regulation (3) the words “, milled butter ”.

Second Schedule—Item 1.

6. Item 1 in the Second Schedule to the Exports (Dairy Produce) Regulations is amended—

(a) by omitting from paragraph 10 (in the second column) all the words from and including the words “ Except in the case of fibreboard boxes ” to the end of the paragraph;

(b) by omitting paragraph 12 (in the second column) and substituting the following paragraph:—

“ 12. Subject to paragraph 13, the butter shall be packed in boxes that are known as the fibreboard box and shall conform to Australian Standard Specification No. 21 of 1972 as adopted by the Standards Association of Australia.”;

(c) by omitting paragraphs 14 and 15 (in the second column) and substituting the following paragraphs:—

“ 14. Where butter in tins is packed in containers of fibreboard, the board used shall conform to Australian Standard Specification No. N.43.1 of 1968 as amended by Amendment No. 1 published August 1971, as adopted by the Standards Association of Australia.

“ 15. In the case of bulk butter, all surfaces of the butter contained in each box shall be smooth.”;

(d) by omitting from paragraph 2 (in the third column) the words “ The trade description to be applied to butter (other than tinned butter) for export to Great Britain ” and substituting the words “ In the case of bulk butter, the trade description ”;

(e) by omitting paragraph 6 (in the third column);

(f) by omitting from paragraph 7 (in the third column) the words “ milled butter and ”; and

(g) by omitting from paragraph 8 (in the third column) the words “ milled butter and ”.

Second Schedule—Item 13.

7. Item 13 in the Second Schedule to the Exports (Dairy Produce) Regulations is amended—

(a) by inserting after paragraph 2 (in the second column) the following paragraph:—

“ 2a. It shall not be graded at less than 83 points.”;

(b) by omitting from paragraph 4 (in the second column) the words “ Table margarine ” and substituting the words “ Margarine graded above the grade of manufacturing quality margarine ”; and


(c) by omitting paragraph 2 (in the third column) and substituting the following paragraph:—

“ 2. The trade description shall contain the word ‘ margarine ’ and—

(a) in the case of manufacturing quality margarine—shall include the words ‘ manufacturing quality ’; or

(b) in the case of margarine graded at not less than 93 points—may include the words ‘ choicest quality ’ or other words indicating the quality of the margarine.”.

Third Schedule.

8. The Third Schedule to the Exports (Dairy Produce) Regulations is amended by omitting from paragraph 6 the words “ in a ship ” and substituting the words “ into a hold of a ship or stowed in a container system unit ”.

Fourth Schedule.

9. The Fourth Schedule to the Exports (Dairy Produce) Regulations is amended—

(a) by omitting from the heading the words “ EXPORTED TO GREAT BRITAIN ”; and

(b) by omitting all the words from and including the words “ MILLED BUTTER ” (first occurring) to the end of the Schedule, including Design No. 6.

Overview

The Statutory Rules 1974 No. 219, enacted under the authority of the Governor-General, address the need for updated regulations governing the export of dairy produce, specifically in relation to containers, packaging standards, and trade descriptions. These regulations amend the Exports (Dairy Produce) Regulations, which fall under the purview of the Customs Act 1901-1974 and the Commerce (Trade Descriptions) Act 1905-1973. The primary policy objective of these amendments is to ensure that dairy products exported from Australia meet specific quality and packaging standards, thereby maintaining the integrity and reputation of Australian dairy exports on the international market. The changes introduced by these regulations include the definition of new terms such as "container system unit," adjustments to the permissible packaging and trade descriptions for various dairy products, and the removal of outdated references to milled butter. These amendments reflect an effort to streamline and modernise the regulatory framework surrounding the export of dairy products, ensuring they comply with current industry standards and practices. By updating definitions, packaging requirements, and trade descriptions, the regulations aim to support the efficient and compliant export of dairy products while protecting consumer interests both domestically and internationally.

Scope and Application

The Statutory Rules 1974 No. 219 made under the Customs Act 1901-1974 and the Commerce (Trade Descriptions) Act 1905-1973 pertain to the regulation of dairy produce exports from Australia. These regulations specifically apply to entities and individuals involved in the export of dairy products, including butter, margarine, and cheese, and to the industries associated with their production and export. The regulations cover the conditions under which these products can be exported, the grading standards, packaging requirements, and trade descriptions. Geographically, the regulations apply across Australia as they are enacted under Commonwealth law. The regulations also extend their application through subordinate instruments, which allow for further specification and enforcement of the rules. Notably, the regulations exclude certain previously defined terms such as “milled butter” and introduce new definitions like “container system unit”. Additionally, they revise the grading standards for margarine and the packaging requirements for butter, reflecting updated industry practices and standards.

Key Provisions

The key provisions of the Statutory Rules 1974 No. 219 involve amendments to the Exports (Dairy Produce) Regulations under the Customs Act 1901-1974 and the Commerce (Trade Descriptions) Act 1905-1973. Regulation 4 (1) introduces a new definition for "container system unit" (section 1), while removing the definition for "milled butter" (section 1(b)). Regulation 7 (1) modifies the conditions for the exportation of dairy produce, specifying that it can only be exported if stowed in a container system unit (section 2(a)), and references the container system unit in relation to storage locations (section 2(b)). Regulation 8 (3) alters the grading system for margarine, removing the categories for "table quality" and "cooking quality" and introducing a new category for "manufacturing quality" (section 3). Regulation 10 (11) is omitted entirely (section 4). Regulation 16 (2) and (3) adjust the specification for dairy products to be sent to appointed places, replacing "milled butter" with "margarine" (section 5). The Second Schedule to the Exports (Dairy Produce) Regulations is amended to refine packaging requirements for butter, specifying that it must be packed in fibreboard boxes conforming to Australian Standard Specification No. 21 of 1972 (section 6(b)) and removing certain exceptions and additional packaging standards (sections 6(a), 6(c)-(g)). Item 13 in the Second Schedule introduces a minimum grading requirement of 83 points for certain margarine and modifies trade descriptions for margarine (section 7). The Third Schedule modifies storage references to include container system units (section 8), and the Fourth Schedule removes references to "exported to Great Britain" and specific design details (section 9). The obligations imposed by these Regulations require exporters to comply with the newly defined terms and conditions, particularly concerning the use of "container system units" for the storage and export of dairy products. Exporters must ensure that dairy produce, such as butter and margarine, meet the specified grading and packaging requirements, including the use of fibreboard boxes that conform to Australian standards. These obligations also extend to the correct labelling and trade descriptions for dairy products, ensuring they accurately reflect the product's quality and type. Failure to comply with these Regulations can result in significant legal consequences. While the specific offences and penalties are not detailed within the text, breaches of the Customs Act or the Commerce (Trade Descriptions) Act can typically result in fines, penalties, and potential criminal charges. For instance, incorrect labelling or fraudulent trade descriptions might be prosecuted under the Trade Practices Act, leading to substantial fines and imprisonment. The precise penalties would depend on the nature and severity of the breach, but they can include significant financial penalties and, in severe cases, criminal charges.

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