Dairy Industry (Further Amendment) Act 1984 (NSW)
DAIRY INDUSTRY (FURTHER AMENDMENT) ACT, 1984,
No. 29
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ANNO TRICESIMO TERTIO
ELIZABETHS H REGINJE
Act No. 29,1984.
An Act to amend the Dairy Industry Act, 1979, with respect to the examina-
tion, testing and analysis of milk, dairy products and margarine and
the fixing of a minimum as well as a maximum price for the retail sale of
milk. [Assented to, 6th June, 1984.]
Act No. 29, 1984.
Dairy Industry (Further Amendment).
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:—
Short title.
This Act may be cited as the "Dairy Industry (Further Amendment)
Act, 1984".
Amendment of Act No. 208, 1979.
The Dairy Industry Act, 1979, is amended in the manner set forth in
Schedule 1.
SCHEDULE 1.
(Sec. 2.)
AMENDMENTS TO THE DAIRY INDUSTRY ACT, 1979.
| (1) Section 9 (1) | ( a l ) — |
After section 9 (1) (a) , insert:—
(a l ) carry out examinations, tests or analyses of milk, dairy products or margarine—
(i) whether or not in respect of New South Wales milk, dairy products or margarine; or
(ii) whether in New South Wales or in a place outside New South Wales from which any milk, dairy product or margarine is, has been or may be supplied, directly or indirectly, to New South Wales;
Act No. 29, 1984. 3
Dairy Industry (Further Amendment).
SCHEDULE 1—continued.
AMENDMENTS TO THE DAIRY INDUSTRY ACT, 1979—continued.
| (2) | Section 10 ( 2 A ) — |
After section 10 (2), insert:—
(2A) Any milk, dairy product or margarine shall, for the purpose of the exercise of the Corporation's powers under subsection (1) (a) or (b), be deemed to be deleterious to health, unwholesome or impure if the person in possession of the milk, dairy product or margarine prevents the Corporation or any agent or officer of the Corporation from carrying out a satisfactory examination, test or analysis, or doing any other thing authorised by or under this Act, in order to determine whether the milk, dairy product or margarine is deleterious to health, unwholesome or impure.
| (3) | (a) Sect ion54(l) | ( d l ) — |
After section 54 (1) (d) , insert:—
(d l ) fix the minimum price and the maximum price at which
milk may be sold by retail;
(b) Section 54 (2) (c )—
Omit "or different fixed retail prices under subsection (1) (c), (d)", insert instead ", different minimum and maximum retail prices or different fixed retail prices under subsection (1) (c),
(d) , (d l ) " .
| (4) Section 59 (1 )— |
After "54 (1) (d)", insert ", (d l ) " .
(5) Section 60A (1) (a) ( i )—
After "the maximum price", insert", or less than the minimum price,".
Act No. 29, 1984.
Dairy Industry (Further Amendment).
SCHEDULE I—continued.
AMENDMENTS TO THE DAIRY INDUSTRY ACT, 1979—continued.
| (6) | Section 9 9 A — |
After section 99, insert:-—
Fees for testing, etc., by Corporation.
99A. (1) Where the Corporation carries out an examination, test or analysis of any milk, dairy product or margarine that belongs to or is in the possession of a dairyman or dairy produce merchant in order to determine whether it is deleterious to health, unwholesome or impure, the Corporation may demand and receive from the dairy- man or dairy produce merchant such fee as may be determined by the Corporation in respect of the examination, test or analysis.
(2) The amount of any fee determined pursuant to sub- section (1) in respect of any examination, test or analysis shall not exceed the amount necessary to reimburse the Corporation for its reasonable costs in carrying out the examination, test or analysis and in obtaining samples or doing any other thing for the purposes of the examination, test or analysis.
(3) The Corporation may demand and receive fees in respect of an examination, test or analysis of any milk, dairy product or margarine, whether or not—
(a) it is New South Wales milk, a New South Wales dairy product or New South Wales margarine; or (b) the examination, test or analysis was carried out in New South Wales.
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