STATUTORY RULES.
1938. No. 108.
––––––
REGULATIONS UNDER THE CUSTOMS ACT 1901-1936 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933.
Dated this ninth
day of November , 1938.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for Minister of State for Commerce and on behalf of the Minister of State for Trade and Customs.
––––––
Amendment of the Exports (Dairy Produce) Regulations.†
Grades of butter and cheese.
1. Regulation 10 of the Exports (Dairy Produce) Regulations is amended—
(a) on and from the first day of January, 1939, by omitting from sub-regulation (3.) the figures “80” (first occurring) and inserting in their stead the figures “82”; and
(b) on and from the first day of July, 1939, by omitting from sub-regulation (3.) the figures “82” and inserting in their stead the figures “83”.
Amendment of Second Schedule.
2. The Second Schedule to the Exports (Dairy Produce) Regulations is amended—
(a) on and from the first day of January, 1939, by omitting from paragraph 5 of the conditions and restrictions relating to butter which are set out in the second column of that Schedule the figures “80” and inserting in their stead the figures “82”; and
(b) on and from the first day of July, 1939, by omitting from that paragraph the figures “82” and inserting in their stead the figures “83”.
Amendment of Fifth Schedule.
3. The Fifth Schedule to the Exports (Dairy Produce) Regulations is amended—
(a) on and from the first day of January, 1939, by omitting from Form 12 the figures “80” and inserting in their stead the figures “82”; and
(b) on and from the first day of July, 1939, by omitting from Form 12 the figures “82” and inserting in their stead the figures “83”.
* Notified in the Commonwealth Gazette on , 1938.
† Statutory Rules 1938, No. 56.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6066.—6/21.10.1938.—Price 3d.
Overview
Statutory Rules 1938 No. 108, made under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933, was enacted to address the need for amendments to the Exports (Dairy Produce) Regulations. The Governor-General, acting with the advice of the Federal Executive Council, introduced these regulations to ensure the quality standards of exported dairy products such as butter and cheese were maintained and updated. These regulations were specifically designed to alter the butterfat content standards, which were to be increased from 80 to 83 percent over a period spanning from January to July 1939. The purpose of these changes was to align with international quality standards and improve the reputation of Australian dairy exports.
Scope and Application
These regulations, made under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933, apply specifically to the grading and export standards of dairy produce, particularly butter and cheese, within the Commonwealth of Australia. The amendments pertain to the standards for the quality of these dairy products when exported, ensuring they meet the specified criteria in terms of fat content. The changes to the Exports (Dairy Produce) Regulations adjust the minimum fat content percentages for butter and cheese to ensure compliance with international trade standards. The application of these regulations extends to all entities involved in the export of dairy produce, including producers, exporters, and relevant regulatory bodies within Australia. These regulations do not explicitly exclude any specific entities or transactions, and their application is broad, covering all exports of dairy produce from Australia. The regulations themselves may be further refined or extended through subordinate instruments issued under the authority of the Acts, which allows for ongoing adjustments to meet evolving trade standards and requirements.
Key Provisions
The principal operative sections of this legislation involve amendments to the Exports (Dairy Produce) Regulations under both the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933. Specifically, Regulation 10, the Second Schedule, and the Fifth Schedule of the Exports (Dairy Produce) Regulations are amended to change the figures related to the grades of butter and cheese. These changes involve substituting specific figures with new ones, effective from certain dates in 1939. For instance, Regulation 10 and the corresponding schedules change the figure "80" to "82" from January 1, 1939, and then from "82" to "83" from July 1, 1939. These amendments aim to adjust the standards for the export of dairy produce.
The obligations imposed by these Regulations are primarily concerned with ensuring that the standards and grades for butter and cheese are accurately reflected in the documentation and forms used for exporting these products. The Regulations mandate that the new figures be incorporated into the relevant sections of the Exports (Dairy Produce) Regulations, ensuring consistency and clarity in the export process. This involves updating the specific conditions and restrictions in the Second Schedule and the forms in the Fifth Schedule to reflect the new standards.
Breaches of these Regulations could lead to various consequences. While specific offences, penalties, or consequences are not detailed in the text provided, it is reasonable to infer that non-compliance with these Regulations could result in administrative penalties, fines, or other enforcement actions as stipulated by the primary Acts under which these Regulations are made. The severity of these penalties would depend on the nature and extent of the breach, and could potentially include civil or criminal sanctions depending on the circumstances and the relevant provisions of the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933.