STATUTORY RULES.
1957. No. 45.
REGULATION UNDER THE CUSTOMS ACT 1901-1957 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1950.*
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 1901-1957 and the Commerce (Trade Descriptions) Act 1905-1950.
Dated this 20th day of August, 1957.
W. J. Slim
Governor-General.
By His Excellency’s Command,
(SGD.) WILLIAM McMAHON
Minister of State for Primary Industry and for and on behalf of the Minister of State for Customs and Excise.
Amendments of the Exports (Dairy Produce) Regulations.†
Second Schedule—5.
Item 5 of the Second Schedule to the Exports (Dairy Produce) Regulations is amended—
(a) by omitting from paragraph 5 in the second column the word “ten” and inserting in its stead the word “twelve”;
(b) by omitting paragraph 9 in the second column and inserting in its stead the following paragraph:—
“9. Australian Whole Milk Cheddar Cheese—
(a) shall contain not more than 38 parts per centum of water and not less than 50 parts per centum of milk fat in the water free substance;
(b) shall, for a period of not less than 12 days before being packed into crates for export, have been kept on shelves in a curing room at an export establishment or in a room approved by an officer at an appointed place, being a curing room or a room so appointed, as the case may be, that was, during the whole of that period, maintained at a temperature not below 53 degrees Fahrenheit and not exceeding 57 degrees Fahrenheit; and
(c) shall have been turned over each day during that period.”;
* Notified in the Commonwealth Gazette on 29th August, 1957.
† Statutory Rules 1955, No. 18, as amended by Statutory Rules 1955, No. 37; 1956, Nos. 12 and 119; and 1957, No. 19.
4113/57.—Price 3d. 9/16.7.1957.
(c) by omitting sub-paragraph (c) of paragraph 10 in the second column and inserting in its stead the following sub-paragraph:—
“(c) The height of an 80 pound cheese shall be not more than 12¼ inches and the height of a 40 pound cheese shall be approximately 6½ inches.”; and
(d) by omitting from sub-paragraph (g) of paragraph 24 in the second column the figures “15” and inserting in their stead the figures “15¼”.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1957 No. 45, enacted on 20 August 1957, constitutes a regulation made under the Customs Act 1901-1957 and the Commerce (Trade Descriptions) Act 1905-1950. This legislative instrument was designed to amend the Exports (Dairy Produce) Regulations, ensuring consistency and quality control in the export of dairy products. The regulation was made by the Governor-General in Council, reflecting the Commonwealth's commitment to maintaining high standards for Australian exports, particularly in the dairy sector. The policy objective was to refine the specifications and conditions for the export of certain dairy products, enhancing the reputation and compliance of Australian dairy exports on the international market.
Scope and Application
The Statutory Rules 1957, No. 45, made under the Customs Act 1901-1957 and the Commerce (Trade Descriptions) Act 1905-1950, pertains to the amendments of the Exports (Dairy Produce) Regulations. These amendments apply to entities and individuals involved in the export of dairy produce from Australia, specifically focusing on the standards and conditions for Australian Whole Milk Cheddar Cheese. The regulations are concerned with the composition of the cheese, including the permissible water content and milk fat percentage, and the curing process, which includes the duration and temperature at which the cheese must be stored. The geographic scope of these regulations is national, impacting all exports of dairy produce from Australia. The regulations provide specific standards for the physical dimensions of cheese, ensuring that the height of 80-pound and 40-pound cheeses adheres to specified measurements. These regulations do not explicitly mention exclusions or exemptions but focus on the uniform application of standards to all exports within the scope of the Act.
Key Provisions
The Statutory Rules of 1957, No. 45, made under the Customs Act 1901-1957 and the Commerce (Trade Descriptions) Act 1905-1950, include amendments to the Exports (Dairy Produce) Regulations (Item 5 of the Second Schedule). Firstly, the quantity of water allowed in Australian Whole Milk Cheddar Cheese is altered from not more than 10 parts per centum to not more than 38 parts per centum of water, while the milk fat requirement remains at not less than 50 parts per centum in the water-free substance (Section 5(a)). Secondly, the cheese must undergo a curing process for at least 12 days at a specified temperature range of 53 to 57 degrees Fahrenheit, with daily turning during this period (Section 5(b)). Additionally, the dimensions of the cheese have been modified, with an 80-pound cheese having a maximum height of 12¼ inches and a 40-pound cheese approximately 6½ inches (Section 5(c)). Lastly, the allowable height of cheese in paragraph 24(g) is adjusted from 15 inches to 15¼ inches (Section 5(d)).
The obligations under these regulations pertain specifically to the export of Australian Whole Milk Cheddar Cheese. Producers and exporters must ensure that the cheese adheres to the specified water and milk fat content. The cheese must be cured under the conditions outlined, which include maintaining a consistent temperature and turning the cheese daily. Furthermore, exporters need to comply with the stipulated dimensions for the cheese, with precise measurements required for different weights of cheese.
Failure to comply with these regulations can lead to serious consequences. Although the specific penalties are not detailed in the statutory rules, non-compliance with regulations under the Customs Act and the Commerce (Trade Descriptions) Act may result in civil or criminal penalties. Civil penalties could include fines, while criminal penalties could involve imprisonment, depending on the severity and intent of the violation. The exact penalties would be determined by the courts based on the specific circumstances of the breach.