Exports (Dairy Produce) Regulations (Amendment)

Overview

Statutory Rules 1959 No. 37, made under the Customs Act 1901-1959 and the Commerce (Trade Descriptions) Act 1905-1950, was enacted to address the need for stringent controls on the exportation of dairy produce. The Regulations were introduced to ensure that only dairy products prepared or manufactured from milk or cream that had been filtered at authorised establishments could be exported. This was aimed at maintaining high standards of hygiene and quality for Australian dairy products entering international markets. The Regulations also included provisions for the registration of export establishments, with the ability to cancel registrations if conditions or restrictions were breached, or if the establishment did not meet efficiency and hygiene standards. The enactment of these Regulations was authorised by the Governor-General, W. J. Slim, acting with the advice of the Federal Executive Council. The objective of these Regulations was to safeguard the integrity and reputation of Australian dairy exports by enforcing strict filtration and registration requirements, thereby ensuring compliance with international standards and protecting consumer interests both domestically and abroad.

Scope and Application

These Regulations, made under the Customs Act 1901-1959 and the Commerce (Trade Descriptions) Act 1905-1950, amend the Exports (Dairy Produce) Regulations to introduce new conditions for the exportation of dairy produce. Specifically, the Regulations now require that dairy produce intended for export must be prepared or manufactured from milk or cream that has been filtered at an approved export establishment. This amendment applies to all entities involved in the export of dairy produce, including producers, exporters, and any export establishments registered under the Regulations. The Regulations have a national reach, applying throughout the Commonwealth of Australia, and they came into effect on the first day of July, 1959. Additionally, the Regulations provide for the registration of export establishments, stipulating that the Secretary may cancel the registration of an establishment if it is found not to comply with the conditions or restrictions of its registration or if it is not constructed, equipped, or operated in an efficient or hygienic manner.

Key Provisions

The Statutory Rules of 1959, No. 37, made under the Customs Act 1901-1959 and the Commerce (Trade Descriptions) Act 1905-1950, introduce amendments to the Exports (Dairy Produce) Regulations. These amendments came into effect on 1 July 1959, and primarily concern the exportation of dairy produce, the registration of export establishments, and the consequences for breaches of the regulations. Under Section 2, the amendment to Regulation 7 of the Exports (Dairy Produce) Regulations requires that any dairy produce exported must have been prepared or manufactured from milk or cream that has been filtered at an export establishment. This new requirement aims to ensure the quality and safety of exported dairy products. The Regulations also introduce changes to the registration of export establishments under Section 3. Regulation 13 has been amended to allow for the cancellation of an establishment's registration if the Secretary is satisfied that a breach of the conditions or restrictions has occurred, or if the establishment is not constructed, equipped, or operated in an efficient or hygienic manner. This provision aims to maintain high standards of operation within export establishments and ensure compliance with established regulations. Failure to comply with these Regulations may result in significant consequences. Under the existing provisions of the Customs Act 1901-1959 and the Commerce (Trade Descriptions) Act 1905-1950, breaches of these Regulations can lead to penalties. While specific penalties are not detailed in the Regulations themselves, breaches of the Customs Act and Trade Descriptions Act can result in both civil and criminal penalties. These may include fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, as well as any relevant case law and statutory provisions.