STATUTORY RULES.
1940. No. 226.
REGULATION UNDER THE CUSTOMS ACT 1901-1936 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933.*
WHEREAS by section 112 of the Customs Act 1901-1936 it is provided that the Governor-General may, by regulation, prohibit the exportation of any goods—
(a) the exportation of which would, in his opinion, be harmful to the Commonwealth; or
(b) which have not been prepared or manufactured for export under the prescribed conditions as to purity, soundness, or freedom from disease, or which do not conform to the prescribed conditions as to purity, soundness, or freedom from disease:
And whereas it is provided by the said section that the said power of prohibition shall extend to authorize the prohibition of the exportation of goods generally, or to any specified place, and either absolutely or so as to allow of the exportation of the goods subject to any condition or restriction:
And whereas I am of opinion that the exportation of dairy produce, except subject to the conditions and restrictions prescribed by the Exports (Dairy Produce) Regulations, as amended by the following Regulation, would be harmful to the Commonwealth:
Now therefore I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933.
Dated this sixteenth day of October, 1940.
GOWRIE
Governor-General.
By His Excellency’s Command,
A. G. CAMERON
Minister of State for Commerce and for and on behalf of the Minister of State for Trade and Customs.
Amendment of the Exports (Dairy Produce) Regulations.†
Second Schedule—item 9.
Item 9 in the Second Schedule to the Exports (Dairy Produce) Regulations is amended by inserting after paragraph 1 (in the second column) the following paragraph:—
“2. Notwithstanding the provisions of the last preceding paragraph, the Minister may permit the use of harmless colouring matter approved by him in margarine exported to an Eastern destination.”.
* Notified in the Commonwealth Gazette on 17th October, 1940.
† Statutory Rules 1938, No. 56, as amended by Statutory Rules 1938, No. 108 and 1939, Nos. 10 and 140.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
3109.—Price 3d.
Overview
Statutory Rules 1940 No. 226, enacted under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933, was introduced to address the issue of potentially harmful dairy exports from Australia. The regulation was made by the Governor-General, with advice from the Federal Executive Council, to prohibit the export of dairy produce unless it meets specific purity, soundness, and disease-free conditions. The policy objective behind this regulation is to protect the Commonwealth's interests by ensuring that only high-quality dairy products are exported, thereby maintaining the country's reputation in the global market and safeguarding public health. This legislative instrument amends the Exports (Dairy Produce) Regulations to allow for the use of approved harmless colouring matter in margarine intended for export to Eastern destinations, providing flexibility while upholding the overall integrity of the export standards.
Scope and Application
This legislative instrument, Statutory Rules 1940 No. 226, is made under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933 and concerns the regulation of the export of dairy produce from Australia. The regulation applies to any person or entity involved in the exportation of dairy produce, ensuring that such exports meet specific conditions and restrictions aimed at protecting the Commonwealth's interests and maintaining the quality and safety of exported goods. The regulation extends across the Commonwealth of Australia, impacting the dairy industry and any associated conduct or transactions involving the export of dairy products. The instrument allows for the prohibition of the export of dairy produce that does not meet purity, soundness, or disease-free conditions, with the Governor-General having the authority to impose such prohibitions. Furthermore, the regulation includes provisions that permit the use of approved harmless colouring matter in margarine for export to specific destinations, as detailed in the amended Exports (Dairy Produce) Regulations.
Key Provisions
The main operative sections of this Statutory Rules document are those that amend the Exports (Dairy Produce) Regulations under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933. Specifically, Section 2 of the Second Schedule to the Exports (Dairy Produce) Regulations is amended to allow for the use of harmless colouring matter approved by the Minister in margarine exported to an Eastern destination, despite prior restrictions (Section 3109). This amendment aims to regulate the export of dairy produce, ensuring it meets the necessary standards and conditions to prevent harm to the Commonwealth.
The obligations and requirements imposed by this regulation primarily concern dairy produce exporters. They must ensure that any margarine exported to an Eastern destination is manufactured under the prescribed conditions of purity, soundness, and freedom from disease. Moreover, if the exporter wishes to use harmless colouring matter in their product, they must obtain approval from the Minister. This approval process ensures that the colouring matter does not compromise the quality or safety of the product, thereby maintaining the standards set by the regulation.
Failure to comply with these regulations can lead to various consequences. While the document does not explicitly detail the penalties for breach, it is reasonable to infer that violations could result in fines, seizure of non-compliant goods, or other legal actions under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933. The maximum penalties for such offences typically depend on the severity of the breach and could include substantial fines or other punitive measures as outlined in the relevant acts.