DAIRY INDUSTRY STABILIZATION ACT 1977
No. 51 of 1977
An Act providing for the collection of Levy imposed by the Dairy Industry Stabilization Levy Act 1977 and the establishment of a Dairy Products Stabilization Trust Fund and for other purposes.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—
PART I—PRELIMINARY
Short title.
1. This Act may be cited as the Dairy Industry Stabilization Act 1977.
Commencement.
2. This Act shall come into operation on 1 July 1977.
Repeal.
3. The Acts specified in the Schedule are repealed.
Interpretation.
4. (1) In this Act, unless the contrary intention appears—
“authorized person” means a person who is, by virtue of an appointment under section 24, an authorized person for the purposes of the provision in which the expression occurs;
“Fund” means the Dairy Products Stabilization Trust Fund established by section 9;
“levy” includes a penalty under section 6;
“Levy Act” means the Dairy Industry Stabilization Levy Act 1977;
“maturation period”, in relation to any cheese, means the period (if any) after the cheese is produced at a factory during which the cheese is kept, by or on behalf of the proprietor of the factory, at the factory or at some other place approved by an authorized person for the purposes of this definition, for the purpose of the controlled ageing of the cheese;
“month” means a month of the year;
“producer”, in relation to any whole milk, means the person who, at the time when the whole milk was produced, was the owner of the cow that produced it, or, if, at that time, a person other than the owner of the cow was entitled to obtain the whole milk from the cow, that other person;
“separate account” means a separate account kept in the Fund in accordance with sub-section 11 (1) or regulations making a provision referred to in paragraph 11(3)(a);
“stabilization payment” means a stabilization payment payable under this Act.
(2) Where the Minister considers that, for the purposes of this Act, it is reasonable that the maturation period in relation to particular cheese should end on a particular date, the Minister may, by notice in writing served on the owner of the cheese, fix that date as the last day of the maturation period in relation to that cheese for the purposes of this Act.
(3) A date fixed by a notice under sub-section (2) shall not be earlier than the date on which the notice is served.
(4) Where cheese kept for a maturation period weighs less on the last day of that period than it did on the first day, the weight of the cheese shall, for the purpose of calculating levy in respect of the cheese, be deemed to be the weight of the cheese on that last day.
(5) For the purposes of…
Overview
The Dairy Industry Stabilization Act 1977 was enacted by the Parliament of Australia to provide for the collection of the levy imposed by the Dairy Industry Stabilization Levy Act 1977, and to establish the Dairy Products Stabilization Trust Fund. This legislation aimed to address the need for a stable dairy industry by regulating the collection of levies, ensuring the establishment of a stabilization fund, and providing for stabilization payments to the proprietors of dairy factories. The Act also repealed previous legislation related to dairying industry levies and stabilization, integrating the functions and provisions into this new framework. The policy objective was to ensure the financial stability of the dairy industry, thereby supporting both producers and the broader economy.
Scope and Application
The Dairy Industry Stabilization Act 1977 applies to the collection of levy imposed by the Dairy Industry Stabilization Levy Act 1977 and the establishment of the Dairy Products Stabilization Trust Fund, affecting entities involved in the production, storage, sale, purchase, import, and export of dairy products. The Act applies to the Commonwealth of Australia and establishes a nationwide framework for levy collection and stabilization payments. The Act applies to all dairy products unless explicitly excluded by the Dairy Industry Stabilization Levy Act 1977. The Act can be extended and detailed through subordinate regulations, which can include provisions for the manner of payment of levy, record-keeping requirements for dairy product producers, and compliance measures, including penalties for non-compliance.
Key Provisions
- The Dairy Industry Stabilization Act 1977 (the Act) sets out provisions for the collection of a levy imposed by the Dairy Industry Stabilization Levy Act 1977, the establishment of a Dairy Products Stabilization Trust Fund, and the making of stabilization payments. Section 5(1) of the Act specifies that levy on dairy products becomes due and payable 14 days after the last day of the month immediately following the month in which the products were sold by or on behalf of the person liable for the levy. If dairy products on which levy is imposed are still in the ownership of the factory proprietor at the end of a prescribed period, the levy becomes due and payable 14 days after the last day of that period (section 5(2)). Section 6 imposes a penalty for non-payment of the levy, calculated at the rate of 10 per centum per annum on the amount of levy or part of the levy remaining unpaid. The Act also establishes the Dairy Products Stabilization Trust Fund, to which amounts equal to the levy received by the Commonwealth from time to time are to be paid (section 10). Separate accounts are to be kept in the Fund in respect of each kind of dairy product produced during a production period (section 11). A stabilization payment is payable on the production of dairy products at a factory during a production period with respect to the kind of dairy products in which those dairy products are included (section 12). The Minister determines the rate of stabilization payment in respect of dairy products in accordance with section 13, which includes the aggregate of the amounts credited to the separate account, the cost of administering the Fund, payments made under section 17, and the number of kilograms of dairy products produced during a production period. The Act imposes several obligations on the parties it governs. Section 12 requires the payment of stabilization payments on the production of dairy products at a factory during a production period. Section 15 mandates that the proprietor of a factory adjust the prices paid to milk suppliers and take other necessary actions to ensure that the benefit of a stabilization payment is passed on to the producers of the whole milk from which the dairy products were produced. Section 22 prohibits failure or neglect to furnish a return or information required under the Act or the regulations, and presenting a false or misleading account, book, document, statement, or return to an officer or person doing duty in relation to the Act or the regulations. Section 24 allows the Minister to appoint a person, or persons included in a class of persons, to be an authorized person for the purposes of a specified provision of the Act. The Act also imposes civil and criminal consequences for breach. Section 6 imposes a penalty for non-payment of the levy, calculated at the rate of 10 per centum per annum on the amount of levy or part of the levy remaining unpaid. Section 22 imposes a penalty of $1,000 for failure or neglect to furnish a return or information required under the Act or the regulations, and for presenting a false or misleading account, book, document, statement, or return to an officer or person doing duty in relation to the Act or the regulations. Additionally, Section 21(5) imposes a penalty of $1,000 for obstructing or hindering an authorized person acting in pursuance of the Act.
- Area of Law
- Commercial Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Compliance Obligations
- Regulatory Standards
