Dairy Industry Authority (Further Amendment) Act 1977 (NSW)

D A I R Y I N D U S T R Y A U T H O R I T Y ( F U R T H E R

A M E N D M E N T ) A C T , 1977

ANNO VICESIMO SEXTO

ELIZABETHE II REGINE

Act N o . 129 , 1 9 7 7 .

An Act to amend the Dairy Industry Authority Act, 1970, to provide for the making of certain payments by the Dairy Industry Authority of New South Wales and to confer certain price-fixing powers. [Assented to, 14th December,

1977.] BE

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. This Act may be cited as the "Dairy Industry Authority

(Further Amendment) Act, 1977".

2 .      (1) This section and section 1 shall commence on

the date of assent to this Act.

(2) Except as provided in subsection (1), this Act

shall commence on 13th January, 1978.

3 . The Dairy Industry Authority Act, 1970, is amended

in the manner set forth in Schedule 1.

SCHEDULE 1.

AMENDMENTS TO THE DAIRY INDUSTRY AUTHORITY ACT,

1970.

(1) Section 18B—

After section 18 A, insert:—

18B. (1) Where, on or after 13th January, 1978, and before 27th April, 1979, the Authority cancels or reduces a quota allocated by the Authority to a person producing milk for delivery to the Authority, being a quota in force immediately before 13th January, 1978, the Authority may, with the approval of the Minister (as to the giving or refusal of which he has an absolute discretion) pay to that person from the funds of the Authority such amount as, subject to subsection (2), the Minister specifies when giving his approval.

SCHEDULE 1—continued.

AMENDMENTS TO THE DAIRY INDUSTRY AUTHORITY ACT,

1970—continued.

(2) The maximum amount that may be paid under subsection ( 1 ) upon cancellation or reduction of a quota is—

(a)	where the quota is cancelled—the product of $ 4 . 7 1 3 6 multiplied by the number that is the number of litres per week that comprised the quota; or
(b)	where the quota is reduced—the product of

$ 4 . 7 1 3 6 multiplied by the number that is

the number of litres per week by which the
quota is reduced.

(2) Section 20A—

After section 20, insert :—

20A. ( 1 ) The Authority may, by such means as it thinks fit, promote and encourage the production, supply, use, sale or consumption of milk and dairy products.

(2) Without limiting the generality of sub­ section ( 1 ) , the Authority may, with the approval of the Minister, establish a committee to advise it with respect to any or all of the matters referred to in that subsection. ( 3 ) A committee established under subsec­

tion (2) shall consist of such persons as are approved by the Minister and the Authority mav, from the funds of the Authority, pay a member of the committee

SCHEDULE 1—continued.

AMENDMENTS TO THE DAIRY INDUSTRY AUTHORITY ACT,

1970—continued.

such fees for attending meetings of the committee, and such expenses and allowances, as the Minister from time to time determines in respect of that member.

(3) (a) Section 46 ( 1 ) ( d l ) —

After section 46 ( 1 ) (d) , insert:—

(d l ) for fixing the price above or below which
milk may not be sold by retail;

(b) Section 46 (2) ( a )—

Omit "or" where lastly occurring.

(c) Section 46 (2) (b )—

Omit "delivered;", insert instead "delivered; or".

(d) Section 46 (2) ( c )—

Omit "under paragraph (c) or (d) of subsection one of this section", insert instead "or different fixed retail prices under subsection ( 1 ) (c), (d)

or (d l ) respectively".

(e) Section 46 (8A)—

After section 46 (8), insert :—

(8A) Where a maximum price for milk sold by retail has been notified by an order in force under subsection (8), the Minister shall not make an order fixing the price above or below which that milk may not be sold by retail unless he revokes the order fixing the maximum price for that milk.

SCHEDULE 1—continued.

AMENDMENTS TO THE DAIRY INDUSTRY AUTHORITY ACT,

1970—continued.

(f) Section 46 (9) (a) ( i )—

Omit "or".

(g) Section 46 (9) (a) (ii)—

Omit "milk," where secondly occurring, insert instead "milk; or".

(h) Section 46 (9) (a) (iii)—

After section 46 (9) (a) (ii), insert :—

(iii)   milk by retail at a price above or below the price notified by an order in force under subsection (8) as the price above or below which that milk may not be sold by retail,