Statutory Rules
1978 No. 45
REGULATIONS UNDER THE CUSTOMS ACT 1901 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905.
Dated this sixteenth day of March 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
IAN SINCLAIR
Minister of State for Primary Industry and for and on behalf of the Minister of State for Business and Consumer Affairs
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AMENDMENTS OF THE EXPORTS (DAIRY PRODUCE) REGULATIONS†
Repeal
1. Regulation 3 of the Exports (Dairy Produce) Regulations is repealed.
Interpretation
2. Regulation 4 of the Exports (Dairy Produce) Regulations is amended by inserting before the definition of “ appointed place ” in sub-regulation (1) the following definition:
“ ‘ analyst ’ means a person who holds, or is to be deemed to hold, office as an analyst under sub-regulation 27 (1);”.
Analysts
3. Regulation 27 of the Exports (Dairy Produce) Regulations is amended by omitting sub-regulations (2), (3) and (4) and substituting the following sub-regulations:
* Notified in the Commonwealth of Australia Gazette on 22 March 1978.
† Statutory Rules 1962, No. 36 as amended by Statutory Rules 1963, No. 137; 1965, Nos. 45 and 54; 1966, No. 46; 1969, No. 30; 1974, No. 219; 1976, No. 122; and 1977, No. 256.
“ (2) The person for the time being occupying, or performing the duties of—
(a) the office of Assistant Secretary in the Analytical Services Branch in the Department of Science; or
(b) an office in the Analytical Services Branch in the Department of Science the designation of which includes the word ‘ Science ’,
shall be deemed to have been appointed to be an analyst under sub-regulation (1).
“ (3) An analyst may analyse samples of dairy produce that are taken by an officer under the Commerce (Trade Descriptions) Act 1905.”.
Overview
Statutory Rules 1978 No. 45, made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, was enacted to amend the Exports (Dairy Produce) Regulations. The objective of these regulations is to ensure the quality and safety standards of exported dairy products, thereby protecting consumer interests and maintaining Australia's reputation in the international market. Enacted by the Governor-General with the advice of the Federal Executive Council, these amendments aimed to streamline the process of appointing analysts responsible for testing dairy produce samples, ensuring that only qualified personnel perform these critical analyses. This legislative instrument addresses gaps in the regulatory framework by refining the roles and responsibilities of analysts within the Analytical Services Branch of the Department of Science.
Scope and Application
The Statutory Rules 1978 No. 45, made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, amend the Exports (Dairy Produce) Regulations. These regulations apply to persons and entities involved in the export of dairy produce from Australia, focusing on the analytical services provided by the Department of Science. The amendments particularly affect those who hold or are deemed to hold the office of an analyst within the Analytical Services Branch of the Department of Science. The regulations define who can be considered an analyst and outline their duties, including the analysis of dairy produce samples taken under the Commerce (Trade Descriptions) Act 1905. The regulations have a national jurisdictional reach, applying across Australia, and do not specify any exclusions or thresholds. The scope of the regulations may be further extended or restricted through subordinate instruments, although such provisions are not detailed in the text.
Key Provisions
The Regulations under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905 primarily focus on amending the Exports (Dairy Produce) Regulations. Regulation 1 repeals Regulation 3 of the Exports (Dairy Produce) Regulations, indicating a removal of previously established provisions. Regulation 2 modifies Regulation 4 by adding a new definition for “analyst” in sub-regulation (1), specifying that an analyst is a person holding or deemed to hold office under sub-regulation 27(1). Regulation 3 revises Regulation 27, omitting sub-regulations (2), (3), and (4) and substituting them with new provisions. The new sub-regulation (2) stipulates that specific individuals within the Analytical Services Branch of the Department of Science are deemed to be analysts if they occupy or perform the duties of certain offices. Sub-regulation (3) allows these analysts to examine samples of dairy produce taken by officers under the Commerce (Trade Descriptions) Act 1905.
These Regulations impose clear obligations on individuals within the Analytical Services Branch of the Department of Science. Specifically, those holding or performing the duties of the office of Assistant Secretary or any office designated with the word ‘Science’ are deemed to be analysts. This designation grants them the authority to analyse samples of dairy produce taken by officers under the Commerce (Trade Descriptions) Act 1905. The Regulations ensure that the analysis of dairy produce exports is conducted by qualified personnel, thereby maintaining the integrity and compliance of exported dairy products.
Failure to comply with these Regulations could result in civil or criminal consequences. Although the specific penalties are not detailed within the provided text, breaches of the Customs Act 1901 or the Commerce (Trade Descriptions) Act 1905 typically incur penalties such as fines or imprisonment, depending on the severity of the offence. The maximum penalties would be determined based on the specific breach and the relevant sections of the Acts. Ensuring adherence to these Regulations is crucial to avoid potential legal repercussions and to maintain the standards of dairy exports.