Butter Fat Levy Act 1965 (Cth)

BUTTER FAT LEVY ACT 1965 [Note: This Act is "repealed" by Act No. 79 of 1976]
(#DATE 26:05:1972)

Compilation Information 

- Reprinted as at 26 May 1972

BUTTER FAT LEVY ACT 1965-1972 - TABLE OF PROVISIONS 
TABLE



                       BUTTER  FAT  LEVY  ACT  1965-1972



                              TABLE OF  PROVISIONS

Section

  1.        Short title

  2.        Commencement

  3.        Definitions

  4.        Act applies to States

  5.        Imposition of levy

  6.        Amount of levy

  7.        Levy payable by manufacturer of dairy produce

  8.        Due date of payment

  9.        Recovery of levy

  10.       Regulations

BUTTER FAT LEVY ACT 1965-1972 - SECT. 1. 
Short title. 
SECT

                       BUTTER  FAT  LEVY  ACT  1965-1972



                An Act to impose a Levy upon certain Butter Fat.

Short title amended; No. 32, 1918, s. 2.

  1. This Act may be cited as the Butter Fat Levy Act 1965-1972.*

BUTTER FAT LEVY ACT 1965-1972 - SECT. 2. 
Commencement. 
SECT

  2. This Act shall come into operation on the day on which it receives the
Royal Assent.*

BUTTER FAT LEVY ACT 1965-1972 - SECT. 3. 
Definitions. 
SECT

  3. In this Act, unless the contrary intention appears-



  '' butteroil '' does not include butteroil manufactured from, or by the
treatment of, butter;



  '' dairy produce '' means butter, butteroil, butter powder, cheese and
ghee;



  ''ghee'' means clarified fat of cow's milk manufactured otherwise than from,
or by the treatment of, butter;



  '' levy '' means levy imposed by this Act;



  '' the Board '' means the Australian Dairy Produce Board constituted under
the Dairy Produce Export Control Act 1924-1965.

BUTTER FAT LEVY ACT 1965-1972 - SECT. 4. 
Act applies to States. 
SECT

  4. This Act binds the Crown in right of a State.

BUTTER FAT LEVY ACT 1965-1972 - SECT. 5. 
Imposition of levy. 
SECT

  5. A levy is imposed on butter fat produced in Australia and, on or after
the first day of July, One thousand nine hundred and sixty-five, used in
Australia in the manufacture of dairy produce.

BUTTER FAT LEVY ACT 1965-1972 - SECT. 6. 
Amount of levy. 
SECT

Sub-section (1) amended by No. 34, 1972, s. 3.

  6. (1) The amount of levy in respect of any butter fat shall consist of the
sum of-



                         *   *   *   *   *   *   *   *



  (b)  such amount for each hundredweight of the butter fat as is from time to
time prescribed for the purposes of this paragraph; and



  (c)  such amount for each hundredweight of the butter fat as is from time to
time prescribed for the purposes of this paragraph.

Sub-section (2) omitted by No. 34, 1972, s. 3.

                         *   *   *   *   *   *   *   *

Amended by No. 129, 1965, s. 3.
  (3) The amount prescribed for the purposes of paragraph (b) or paragraph (c)
of sub-section (1) of this section shall not exceed Twenty-four cents.

BUTTER FAT LEVY ACT 1965-1972 - SECT. 7. 
Levy payable by manufacturer of dairy produce. 
SECT

  7. Levy in respect of any butter fat is payable by the manufacturer of the
dairy produce in the manufacture of which the butter fat is used.

BUTTER FAT LEVY ACT 1965-1972 - SECT. 8. 
Due date of payment. 
SECT

  8. The amount of levy in respect of any butter fat is due and payable upon
the expiration of twenty-eight days after the last day of the month of the
year in which the butter fat was used in the manufacture of dairy produce.

BUTTER FAT LEVY ACT 1965-1972 - SECT. 9. 
Recovery of levy. 
SECT

  9. (1) An amount of levy shall be deemed, when it becomes due and payable,
to be a debt due to the Commonwealth and payable to the Secretary to the
Department of Primary Industry in the manner and at the place prescribed.



 (2) In proceedings for the recovery of an amount of levy, a statement or
averment in the complaint, claim or declaration of the plaintiff is evidence
of the matter so stated or averred.

BUTTER FAT LEVY ACT 1965-1972 - SECT. 10. 
Regulations. 
SECT

Sub-section (1) amended by No. 93, 1966, s. 3.

  10. (1) The Governor-General may make regulations, not inconsistent with
this Act, prescribing all matters which by this Act are required or permitted
to be prescribed, or which are necessary or convenient to be prescribed for
carrying out or giving effect to this Act, and, in particular-



  (a)  requiring persons to furnish returns for the purposes of this Act; and



  (b)  prescribing penalties not exceeding One hundred dollars for offences
against the regulations.

  (2) Before making regulations under this section prescribing an amount for
the purposes of section 6 of this Act, the Governor-General shall take into
consideration any recommendations with respect to the amount made to the
Minister by the Board.

Sub-section (3) omitted by No. 34, 1972, s. 4.

                         *   *   *   *   *   *   *   *

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BUTTER FAT LEVY ACT 1965-1972 - NOTE 



                                      NOTE

1.  The Butter Fat Levy Act 1965-1972 comprises the Butter Fat Levy Act 1965
as amended by the other Acts specified in the following table:

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                                Number                       Date of

    Act                         and year        Date of

                                                Assent       commencement

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    Butterfat Levy Act 1965     No. 42, 1965    3 June 1965  3 June 1965

    Butterfat Levy Act (No.

    2) 1965                     No. 129, 1965   18 Dec 1965  14 Feb 1966

    Statute Law Revision

    (Decimal Currency) Act

    1966                        No. 93, 1966    29 Oct 1966  1 Dec 1966

    Butter Fat Levy Act 1972    No. 34, 1972    26 May 1972  30 June 1972
(see

                                                             Gazette 1972,
No.

                                                             51, p. 4)

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