Federal Register of Legislation - Australian Government

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SR 1955 No. 38 Regulations as amended, taking into account amendments up to SR 1971 No. 109
Registered 25 Mar 2010
Start Date 26 Aug 1971
End Date 01 Jul 1996
Date of repeal 01 Jul 1986
Repealed by Repeal of the enabling legislation by Dairy Legislation (Transitional Provisions and Consequential Amendments) Act 1986

DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS
- Reprinted as at 30 June 1981 (HISTREG CHAP 106 #DATE 30:06:1981)

*1* The Dairy Produce Export Control (Licences) Regulations (in force under the Dairy Produce Act 1924) as shown in this reprint comprise Statutory Rules 1955 No. 38 as amended by the other Statutory Rules specified in the following table:
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Date of Application,
saving
Year and notification Date of or transitional
number in Gazette commencement provisions
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1955 No. 38(a) 2 June 1955 1 July 1955
1957 No. 50 12 Sept 1957 1 Jan 1958 -
1958 No. 29(b) 24 Apr 1958 24 Apr 1958 -
1962 No. 11 25 Jan 1962 25 Jan 1962 -
16(b) 1 Mar 1962 1 Mar 1962 -
1965 No. 27 9 Mar 1965 9 Mar 1965 -
1971 No. 109 26 Aug 1971 26 Aug 1971 -
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(a) The form of introductory words used to make Statutory Rules 1955 No. 38 was as follows:
"Whereas by section fourteen of the Dairy Produce Export Control Act
1924-1954 it is enacted that the regulations may prohibit the export from the Commonwealth of dairy produce-
(a) except by a person who holds a licence granted as prescribed; and
(b) except in accordance with such conditions and restrictions as are prescribed after recommendation to the Minister by the Australian Dairy Produce Board:
"And whereas the Board has recommended to the Minister that the conditions and restrictions applying to the export from the Commonwealth of dairy produce should be the conditions and restrictions set forth in the following Regulations:
"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 Regulations under the Dairy Produce Export Control Act 1924-1954."
(b) The form of introductory words used to make Statutory Rules 1958 No. 29 and 1962 No. 16 was similar to the form set out in (a).

DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

Regulation

1. Citation

2. Commencement

3. Repeal

4. Interpretation

4A. Products prescribed as dairy products

5. Regulation of export

6. Issue of licences

7. Licences in force under the Dairy Produce Export Control Act 1924-
1953

8. Conditions and restrictions-general

9. Conditions and restrictions-United Kingdom

10. Conditions and restrictions-countries other than the United Kingdom

11. Furnishing of information on demand

12. Return as to butter, cheese or both those products

13. Notices

14. False information

THE SCHEDULE

Forms

DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 1
Citation

1. These Regulations may be cited as the Dairy Produce Export Control (Licences) Regulations.*1*

SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 2
Commencement

2. These Regulations shall come into operation on the first day of July, 1955.

DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 3
Repeal

3. (1) The Dairy Produce Export Control (Licences) Regulations (comprising Statutory Rules 1936, No. 102; Statutory Rules 1938, No. 53; Statutory Rules 1948, No. 53; and Statutory Rules 1951, No. 25) are repealed.
(2) Notwithstanding the repeal effected by the last preceding sub-regulation, the Dairy Produce Export Control (Licences) Regulations as in force immediately before the commencement of these Regulations shall continue to apply after the commencement of these Regulations to and in relation to the export to the United Kingdom of butter and cheese produced before the commencement of these Regulations.

DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 4
Interpretation

Sub-reg. (1) amended by 1957 No. 50 r. 2; 1962 No. 11 r. 1 4. (1) In these Regulations, unless the contrary intention appears-
"authorized person", in relation to the exercise of a power or the performance of a duty or function under these Regulations, means a person authorized for that purpose by the Board;
"export" means export from the Commonwealth;
"licensee" means the holder of a licence in force under these Regulations, being a licence of a kind referred to in regulation 5 of these Regulations;
"the Act" means the Dairy Produce Export Control Act 1924-1958;*2*

"the Board" means the Australian Dairy Produce Board constituted under the Dairy Produce Export Control Act 1924-1954 and, in relation to a power or function of the Board which the Executive Committee of the Board is authorized to exercise or perform, includes the Executive Committee;
"the Secretary" means the Secretary to the Board, and includes a person for the time being acting as Secretary to the Board.

(2) In these Regulations, a reference to a Form by letter shall be read as a reference to the Form so lettered in the Schedule to these Regulations.

(3) Strict compliance with a Form in the Schedule to these Regulations is not necessary and substantial compliance is sufficient.

*2* R. 4 (1), definition of "the Act"-Now cited as the Dairy Produce Act
1924.

DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 4A
Products prescribed as dairy products

Substituted by 1971 No. 109 4A. (1) For the purposes of the definition of "dairy produce" in section 3 of the Act-
(a) each of the following products is a prescribed product:

casein
ammonium caseinate
calcium caseinate
potassium caseinate
sodium caseinate
ghee; and
(b) subject to the next two succeeding sub-regulations, each of the following products, namely, butter oil, dry butter fat, dried skimmed milk and dried buttermilk (whether or not any other substance is added to it) is a prescribed product.

(2) A product consisting of butter oil or dry butter fat and another substance or other substances is not a prescribed product for the purposes referred to in the last preceding sub-regulation unless the product contains not less than forty per centum by weight of butter oil or dry butter fat.

(3) A product, not being a product consisting of dried skimmed milk and dried buttermilk but no other substance, consisting of dried skimmed milk or dried buttermilk and another substance or other substances is not a prescribed product for the purposes referred to in sub-regulation (1) of this regulation unless-
(a) the product contains not less than ninety per centum by weight of dried skimmed milk or dried buttermilk; or
(b) the product contains dried skimmed milk, dried buttermilk and another substance or other substances and does not contain more than ten per centum by weight of a substance or substances other than dried skimmed milk or dried buttermilk.

DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 5
Regulation of export

Substituted by 1962 No. 16 5. (1) The export of butter or cheese to the United Kingdom is prohibited except by a person who holds a licence in force under these Regulations to export butter or cheese, as the case may be, to the United Kingdom.

(2) The export of butter or cheese to a country other than the United Kingdom is prohibited except by a person who holds a licence in force under these Regulations to export butter or cheese, as the case may be, to countries other than the United Kingdom.

(3) The export of butter or cheese for use of the passengers and crew of a ship on a voyage from Australia to an overseas port is prohibited-
(a) except by a person who holds a licence in force under these Regulations to export butter or cheese, as the case may be, to be so used; or
(b) unless the butter or cheese was supplied by a person authorized in writing by the Board to supply butter or cheese, as the case may be, to be so used.

(4) The export of a product (not being butter or cheese) that is dairy produce for the purposes of the Act is prohibited except by a person who holds a licence in force under these Regulations to export that product.

(5) The export of dairy produce is prohibited except in accordance with the conditions and restrictions prescribed by these Regulations.

DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 6
Issue of licences

Sub-reg. (1) amended by 1957 No. 50 r. 5 6. (1) The Minister or a person authorized in writing by the Minister to grant licences under these Regulations may, upon the recommendation of the Board, grant a licence of a kind referred to in the last preceding regulation.

(2) A licence granted in pursuance of the last preceding sub-regulation shall, subject to the next succeeding sub-regulation, be in force for the period specified in the licence.

(3) Where the Minister is satisfied, on a report by the Board, that a licensee has failed to comply with a provision of these Regulations the Minister may, by notice served on the licensee, cancel the licence or suspend the licence for such period as he thinks fit.

Amended by 1957 No. 50 r. 5 (4) A licence granted in pursuance of sub-regulation (1) of this regulation shall be in accordance with Form A.

DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 7
Licences in force under the Dairy Produce Export Control Act 1924-1953

7. Where, immediately before the date of commencement of the Dairy Produce Export Control Act 1954,*3* a licence to export dairy produce was in force under the Dairy Produce Export Control Act 1924-1953, not being a licence issued for a period which expired on that date, that licence shall, upon the commencement of these Regulations, be deemed to be a licence to export dairy produce granted and in force under these Regulations.

*3* R. 7-The Dairy Produce Export Control Act 1954 commenced on a date fixed by Proclamation. The date fixed was 1 July 1955 (see Gazette 1955, p. 1593).

DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 8
Conditions and restrictions-general

Amended by 1958 No. 29 8. A licensee shall not export dairy produce unless-
(a) the dairy produce has been produced at a factory the proprietor of which participates, in respect of dairy produce produced at the factory, in an equalization scheme approved by the Minister or the export of the dairy produce has been approved by the Board;
(b) the dairy produce is insured with a person approved by the Board;
(c) the dairy produce is exported on a ship, or a ship included in a class of ships, approved by the Board; and
(d) the licensee has obtained from the Secretary or an authorized person a certificate in accordance with Form B (which certificate has not been revoked) certifying that the export is authorized by the Board, and the export is in accordance with the particulars shown in the certificate.

DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 9
Conditions and restrictions-United Kingdom

9. Except with the approval of the Board, a person shall not export dairy produce to the United Kingdom unless an arrangement has been made between the Board and the person for the sale and disposal of the dairy produce in the United Kingdom by the Board on behalf of the person.

DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 10
Conditions and restrictions-counties other than the United Kingdom

10. A licensee shall not export dairy produce to a country other than the United Kingdom unless-
(a) the dairy produce has been sold before export, or is consigned, upon terms and conditions approved by the Board; and
(b) the export of the dairy produce is in accordance with any directions of the Board with respect to the quantities of dairy produce which may be exported by the licensee either generally or to particular places.

DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 11
Furnishing of information on demand

11. (1) A licensee shall, upon demand in writing by the Secretary or an authorized person-
(a) furnish to the Board or to the authorized person, as the case may be, such information as is required in relation to the sale, disposal or export, or the intended sale, disposal or export, by the licensee of dairy produce, or in relation to dairy produce at any time owned by, or in the custody, possession or control of, the licensee; and
(b) produce to the Board or to the authorized person, as the case may be, all or any books, letters, copies of letters, accounts, statements, balance-sheets, vouchers and other documents in his custody, possession or control relating to the sale, disposal or export, or the intended sale, disposal or export, by the licensee of dairy produce, or relating to dairy produce which has been exported and was at any time owned by, or in the custody, possession or control of, the licensee.

(2) A licensee shall, upon demand by the Secretary or an authorized person, permit an authorized person to take samples of any dairy produce produced in the Commonwealth and owned by, or in the custody, possession or control of, the licensee, whether the dairy produce is in the Commonwealth or overseas.

Penalty: Fifty pounds.

DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 12
Return as to butter, cheese or both those products

Sub-reg. (1) amended by 1957 No. 50 r. 6 12. (1) Subject to the next succeeding sub-regulation, a licensee who holds a licence to export butter, cheese or both those products shall, not later than the twelfth day of each month of the year-
(a) furnish to the Board a return in duplicate in accordance with Form C showing particulars of the butter, cheese or both those products exported by the licensee during the month immediately preceding the month in which the return is furnished; or
(b) where the licensee has not so exported butter or cheese-furnish to the Board a statement to that effect.

Penalty: Fifty pounds.

(2) A reference in the last preceding sub-regulation to butter or cheese does not include a reference to butter or cheese which was owned by the Board at the time of export.

DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 13
Notices

13. A notice or other document may, for the purposes of these Regulations, be served on a licensee by post at his address specified in his licence.

DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - REG 14
False information

14. A person shall not, for the purpose of these Regulations, make a statement, or furnish information, which is false or misleading.

Penalty: Fifty pounds.

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DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS - SCHEDULE 1

Form A substituted by 1957 No. 50 r. 7

SCH

THE SCHEDULE
FORM A Regulation 6
No.

COMMONWEALTH OF AUSTRALIA
Dairy Produce Export Control (Licences) Regulations
LICENCE TO EXPORT
In pursuance of Regulation 6 of the Dairy Produce Export Control (Licences)
Regulations, I,
(a) the Minister of State for Primary Industry,
(a) a person authorized by the Minister of State for Primary Industry to
grant licences under those Regulations,
upon the recommendation of the Australian Dairy Produce Board, hereby grant to
of a licence
to export from the Commonwealth to ,
subject to those Regulations, during the period commencing on , 19 ,
and ending on , 19 .

Dated this
day of , 19 .

(a) Minister of State for Primary Industry.
(a) An authorized person.

(a) Strike out whichever is inapplicable.
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FORM B Regulation 8
COMMONWEALTH OF AUSTRALIA
Dairy Produce Export Control (Licences) Regulations
CERTIFICATE OF AUTHORITY TO EXPORT DAIRY PRODUCE
This is to certify that of , the holder of licence
No. under the Dairy Produce Export Control (Licences) Regulations,
is authorized by the Australian Dairy Produce Board to export before ,
19 , to each importer at named in the first column of the following
table the dairy produce particulars of which are set out in that table opposite
to the name of that importer:
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Particulars of Dairy Produce
Importer -----------------------------------------------
-
Quantity Description
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Dated this day of , 19 .

(a) Secretary.
(a) An authorized person.

(a) Strike out whichever is inapplicable.
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FORM C Regulation 12
COMMONWEALTH OF AUSTRALIA
Dairy Produce Export Control (Licences) Regulations
RETURN OF BUTTER AND CHEESE EXPORTED
To-
The Secretary,
Australian Dairy Produce Board,
In pursuance of regulation 12 of the Dairy Produce Export (Licences)
Regulations, I, of , the holder of Licence No.
under those Regulations, hereby furnish the following particulars of the
butter and cheese exported by me during the month of , 19 :
------------------------------------------------------------------------------ -- Date
of Weight in Pounds
Shipment ---------------------------------------
Port of Australian Butter Cheese
Shipment Dairy -----------------------------------------
Name of Produce< Cheddar
Vessel Board< Processed
Destination Permit Ghee
Fancy
Number Bulk and
or Tinned Butter Pats Concentrate
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Total Exports (in pounds) . . . . . . .
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I declare that the particulars shown in this return are true and correct in
every particular.

Dated this day of , 19 .

(Signature of Licensee.)
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