Exports (Dairy Produce) Regulations (Amendment)

Overview

Statutory Rules 1939, No. 140 was enacted to address the need for stringent controls on the export of dairy produce to safeguard the interests of the Commonwealth. The regulations were made under the authority of the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933. The Governor-General, acting on the advice of the Federal Executive Council, issued these regulations to ensure that the exportation of dairy products would not be harmful to the Commonwealth. The primary policy objective was to regulate the exportation of dairy produce by imposing conditions and restrictions to maintain the quality and purity of these goods. This legislative instrument sought to prevent the export of dairy products that did not meet prescribed standards for purity, soundness, or freedom from disease, thereby protecting both the domestic market and the reputation of Australian dairy products internationally.

Scope and Application

The Exports (Dairy Produce) Regulations 1939, made under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933, apply to the export of dairy produce from Australia and the associated conditions, fees, and standards required for such exports. These regulations primarily target entities and individuals involved in the dairy industry, specifically those exporting dairy products. The regulations are applicable on a national level across Australia, as they are made under Commonwealth authority. The scope of these regulations includes specifying the conditions under which dairy produce can be exported, including purity, soundness, and freedom from disease, as well as setting out the fees for the analysis of exported dairy products. The regulations also include amendments to definitions and conditions relating to the composition and manufacturing of dairy products, such as cheese. The regulations do not explicitly outline any exclusions or exemptions but rather set out specific conditions that must be met for the export of dairy produce to be permitted. The application of these regulations can be further extended or refined through subordinate instruments, which may provide additional detail or clarification on specific aspects of the export process.

Key Provisions

The legislative instrument primarily modifies the Exports (Dairy Produce) Regulations under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933. The main operative sections of the Regulations include the amendment of definitions and fee structures related to the exportation of dairy products (regulations 1, 2, and 5). For example, regulation 1 redefines "cheese" to specify the process of obtaining it by coagulating milk with rennet or suitable enzyme or acid, followed by treatment appropriate to the desired product type. Regulation 2 modifies the fee structure, specifying that a "complete analysis" fee applies instead of any other analysis fee. Furthermore, regulations 3 to 5 amend the Second Schedule, which lists specific conditions and restrictions on the export of dairy products, such as prohibiting the manufacture of certain products from milk that has had milk fat removed or milk solids added, and modifying standards for colouring and the maximum allowable percentage of water content in certain products. These amendments impose specific obligations and requirements on entities involved in the export of dairy products. Manufacturers and exporters must ensure that their products meet the newly defined and modified conditions and restrictions to avoid non-compliance. This includes adhering to the newly defined process for obtaining cheese, ensuring that products are not manufactured from milk altered in specified ways, and meeting the updated standards for colouring and water content. Compliance also involves paying the revised fees for complete analysis of dairy products as stipulated in the updated regulations. Breach of these Regulations can result in various civil and criminal consequences. While the specific penalties are not detailed in the text, the potential consequences for non-compliance with regulations under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933 generally include fines and other penalties that can be substantial. These penalties can vary depending on the nature and severity of the breach but are intended to enforce compliance with the legislative requirements and protect the interests of the Commonwealth and consumers.