Federal Register of Legislation - Australian Government

Primary content

SR 1984 No. 350 Regulations as made
These Regulations amend the Dairy Produce Export Control (Licences) Regulations.
Tabling HistoryDate
Tabled HR21-Feb-1985
Tabled Senate21-Feb-1985
Gazetted 30 Nov 1984
Date of repeal 01 Jul 1986
Repealed by Repeal of the enabling legislation by Dairy Legislation (Transitional Provisions and Consequential Amendments) Act 1986

EXPLANATORY STATEMENT

STATUTORY RULES 1984    No. 350

Issued by the Authority of the Minister for Primary Industry

DAIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS

(AMENDMENT)

The Dairy Produce Export Control (Licences) Regulations prohibit the exportation of dairy products from the Commonwealth except in accordance with such conditions and restrictions as are prescribed in the regulations.

Australia has entered into certain treaty obligations under the General Agreement on Tariffs and Trade (GATT) International Dairy Arrangement (IDA) and, as a result, has undertaken to observe the conditions for the export of dairy products as specified by the IDA. The IDA includes the Protocol Regarding Milk Powders, the Protocol Regarding Milk Fat and the Protocol Regarding Certain Cheeses, which provide, inter alia, for minimum export prices for certain dairy products to be observed at the free on board level. Since 1 October 1981 these have been as follows:

Dairy Products

$US Per Tonne

Skimmed milk powder

600

Whole milk powder

950

Buttermilk powder

600

Anhydrous milk fat

1,440

Butter

1,200

Cheese

1,000


 

In September 1983 an amendment to the Dairy Produce Export Control (Licences) Regulations was made which made the observance of GATT-IDA minimum prices a specific condition for the exporting of dairy products.

On 16 November 1984, at a special meeting of the International Dairy Products Council (IDPC) of the IDA held in Geneva, a resolution was passed which found that European Community butter disposal measures have threatened the trade interests of all other participants in certain markets, and which allows those participants to take action in the short term to safeguard their position by, for example, making sales at prices below the minima specified in the Protocol Regarding Milk Fat.

In order for Australia to take benefit from the IDPC resolution authorising exports at prices below the GATT-IDA minima, an amendment to Regulation 8 of the Dairy Produce Export Control (Licences) Regulations will be required as currently Regulation 8 defines the IDA as that in force at the commencement of that regulation, ie. September 1983. Accordingly, following the resolution of the IDPC, an amendment has been drafted to Regulation 8(2) defining the IDA as that in force at 1 December 1984.


The present Regulation 8 also stipulates the rate of exchange to be used for ascertaining the value in United Sates dollars of dairy produce, for the purposes of the Regulation, as the rate of exchange determined by the Reserve Bank on the day on which the produce is sold or consigned for sale. However, following the floating of the Australian dollar vis a vis other currencies, the Reserve Bank no longer determines rates of exchange. Exporters can now obtain rates of exchange from foreign exchange dealers who are authorised under Regulation 38A of the Banking (Foreign Exchange) Regulations to deal in Australia with foreign currency.

An amendment has therefore been drafted to amend Regulation 8 of the Dairy Produce Export Control (Licences) Regulations to take into account the changed method of obtaining rates of exchange for the purposes of that regulation.