Dairy Industry Amendment Regulations 2002
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Dairy Industry Act 1994 .16 December 2002
G. S. M. GREEN
Governor
By His Excellency’s Command,
BRYAN GREEN
Minister for Primary Industries, Water and Environment
1Short titleThese regulations may be cited as the Dairy Industry Amendment Regulations 2002 . 2CommencementThese regulations take effect on the day on which their making is notified in the Gazette. 3Principal RegulationsIn these regulations, the Dairy Industry Regulations 1994 are referred to as the Principal Regulations. 4Regulation 6 substituted Regulation 6 of the Principal Regulations is rescinded and the following regulations are substituted: 6General The fees specified in Schedule 1 are prescribed for the matters specified in that Schedule. 6ADairy farmer's licence fee (1) A dairy farmer is to pay a licence fee in respect of each month, or part of a month, during which the licence is in force. (2) The licence fee for a month is the amount calculated at the rate of 0.025 cents for each litre of milk sold by the dairy farmer to a processor or manufacturer during that month. (3) The licence fee is to be collected and paid on behalf of the dairy farmer to the Authority by the purchaser of the milk. (4) The licence fee in respect of a month is to be paid within 14 days after the end of that month. 6BProcessor's licence fee (1) A processor is to pay a licence fee in respect of the issue or renewal of the processor’s licence. (2) The licence fee payable in respect of the issue or renewal of the processor’s licence by a processor who does not purchase milk directly from a dairy farmer is the amount of the fee specified in Schedule 1 in relation to such a processor. (3) The licence fee payable in respect of the issue or renewal of the processor’s licence by a processor who purchases milk directly from a dairy farmer is – (a) the amount of the fee specified in Schedule 1 in relation to a processor who does not purchase milk directly from a dairy farmer; and (b) a further amount payable in respect of each month, or part of a month, during which the licence is in force. (4) The further amount payable under subregulation (3)(b) in respect of a month – (a) is the amount calculated at the rate of 0.025 cents for each litre of milk purchased by the processor directly from the dairy farmer during that month; and (b) is payable within 14 days after the end of that month. 6CManufacturer's licence fee (1) A manufacturer is to pay a licence fee in respect of the issue or renewal of the manufacturer’s licence. (2) The licence fee payable in respect of the issue or renewal of the manufacturer’s licence by a manufacturer who does not purchase milk directly from a dairy farmer is the amount of the fee specified in Schedule 1 in relation to such a manufacturer. (3) The licence fee payable in respect of the issue or renewal of the manufacturer’s licence by a manufacturer who purchases milk directly from a dairy farmer is – (a) the amount of the fee specified in Schedule 1 in relation to a manufacturer who does not purchase milk directly from a dairy farmer; and (b) a further amount payable in respect of each month, or part of a month, during which the licence is in force. (4) The further amount payable under subregulation (3)(b) in respect of a month – (a) is the amount calculated at the rate of 0.025 cents for each litre of milk purchased by the manufacturer directly from the dairy farmer during that month; and (b) is payable within 14 days after the end of that month. 6DCalculating licence fee payable monthly (1) For calculating that part of a licence fee that is payable in respect of a month under regulation 6A , regulation 6B(3)(b) or regulation 6C(3)(b) , the milk sold by a dairy farmer to a manufacturer or a processor during that month is to be rounded down to the nearest whole litre. (2) For calculating a licence fee payable under regulation 6A , 6B or 6C , if a person is both a dairy farmer and a processor or manufacturer and processes or manufactures milk he or she has produced as a dairy farmer, that person is taken – (a) as a dairy farmer, to have sold the milk to a processor or manufacturer; and (b) as a processor or manufacturer, to have purchased the milk from a dairy farmer. 5Schedule 1 substituted Schedule 1 to the Principal Regulations is rescinded and the following Schedule is substituted: Schedule 1Fees Regulation 6
Type of licence | Type of fee | Annual fee amount ($) |
Dairy farmer’s licence | Application for licence | 100 |
Manufacturer’s licence | Application for licence | 100 |
Issue or renewal of licence where milk is not purchased directly from a dairy farmer - |
(a) if the estimated intake of milk is 2 000 tonnes or less per year | 500 |
(b) if the estimated intake of milk is more than 2 000 tonnes per year | 3 000 |
Processor’s licence | Application for licence | 100 |
Issue or renewal of licence where milk is not purchased directly from a dairy farmer – |
(a) if the estimated intake of milk is 2 000 tonnes or less per year | 500 |
(b) if the estimated intake of milk is more than 2 000 tonnes per year | 3 000 |
Vendor’s licence | Application for licence | 100 |
Issue or renewal of licence | 60 |
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 25 December 2002
These regulations are administered in the Department of Primary Industries, Water and Environment.
EXPLANATORY NOTE
(This note is not part of the regulation) These regulations amend the