STATUTORY RULES.
1948. No. 31.
REGULATION UNDER THE CUSTOMS ACT 1901-1947 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933.*
WHEREAS by section 112 of the Customs Act 1901-1947 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 the 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 1901-1947 and the Commerce (Trade Descriptions) Act 1905-1933.
Dated this twenty-fifth day of February 1948.
W.J. McKell
Governor-General.
By His Excellency’s Command,
Minister of State for Commerce and Agriculture and for and on behalf of the Minister of State for Trade and Customs.
Amendment of the Exports (Dairy Produce) Regulations.†
Inspection fees.
Regulation 31 of the Exports (Dairy Produce) Regulations is amended by omitting from sub-regulation (1.) the words “Four shillings and sixpence” and inserting in their stead the words “Six shillings and sixpence”.
* Notified in the Commonwealth Gazette on , 1948.
† Statutory Rules 1942, No. 287, as amended by Statutory Rules 1942, No. 363; and 1946, Nos. 107 and 117.
By Authority: L. F Johnston, Commonwealth Government Printer, Canberra.
233.—Price 3d. 8/13.1.1948.
Overview
The Statutory Rules 1948, No. 31, under the Customs Act 1901-1947 and the Commerce (Trade Descriptions) Act 1905-1933, was enacted in 1948 to address the issue of exporting dairy produce that could potentially be harmful to the Commonwealth. This legislation was introduced to ensure that dairy exports met specific conditions and restrictions to maintain their quality and prevent disease spread. The regulation was enacted by the Governor-General in Council, reflecting the Commonwealth Government's intent to safeguard the nation's interests through stringent export controls. The overarching policy objective was to protect the health and economic interests of Australia by imposing necessary conditions on the export of dairy produce.
Scope and Application
The Statutory Rules 1948, No. 31, under the Customs Act 1901-1947 and the Commerce (Trade Descriptions) Act 1905-1933, pertains to the exportation of dairy produce from Australia. The regulation applies to any person or entity involved in the export of dairy products, ensuring they adhere to the specified conditions and restrictions to prevent harm to the Commonwealth. The geographic scope of the regulation is nationwide, impacting all exports of dairy produce regardless of the destination. The regulation allows for the prohibition of exports that do not meet purity, soundness, or disease-free criteria as prescribed by the Exports (Dairy Produce) Regulations. The regulation also extends its application through subordinate instruments, which may include further amendments or specific conditions governing the export of dairy products. Notably, the regulation explicitly excludes other types of goods or exports not related to dairy produce, thereby focusing its enforcement on the specified industry.
Key Provisions
The primary operative sections of this regulation pertain to the prohibition of the exportation of dairy produce unless it adheres to certain conditions and restrictions. Section 112 of the Customs Act 1901-1947 empowers the Governor-General to prohibit the export of goods that might be harmful to the Commonwealth or do not meet prescribed standards of purity, soundness, or freedom from disease. This regulation specifically targets dairy produce, asserting that its export without adherence to the prescribed conditions could be detrimental to the Commonwealth. The regulation amends the Exports (Dairy Produce) Regulations by increasing the inspection fee for dairy exports from four shillings and sixpence to six shillings and sixpence, as detailed in Regulation 31 of the Exports (Dairy Produce) Regulations.
The regulation imposes several obligations and requirements on parties involved in the export of dairy produce. Exporters must ensure that their dairy products meet the prescribed conditions regarding purity, soundness, and freedom from disease. Additionally, they must comply with the updated inspection fees outlined in the regulation. These conditions and fees are designed to safeguard the integrity and health standards of exported dairy products, ensuring they do not pose any risk to the Commonwealth or other importing nations.
Failure to comply with the provisions of this regulation can result in several consequences. Firstly, any person or entity found exporting dairy produce that does not meet the specified standards may face legal action under the Customs Act 1901-1947. The penalties for such breaches could include fines and other sanctions deemed appropriate by the court. Furthermore, the updated inspection fees outlined in the regulation must be paid in full; failure to do so may result in additional penalties or the refusal to process the export. The maximum penalties for these breaches are not explicitly stated in the regulation, but they would likely align with the general provisions of the Customs Act 1901-1947 and the Commerce (Trade Descriptions) Act 1905-1933.