Dairy Industry Stabilization Levy Regulations (Amendment) (Cth)

Statutory Rules

1978 No. 98

REGULATIONS UNDER THE DAIRY INDUSTRY STABILIZATION LEVY ACT 1977*

WHEREAS it is provided by sub-section 11 (2) of the Dairy Industry Stabilization Levy Act 1977 that the Australian Dairy Corporation, after consultation with the Australian Dairy Industry Advisory Committee, may make recommendations to the Minister with respect to regulations to be made for the purposes of—

(a) paragraph (c) of the definition of “ dairy products ” in sub-section 4 (1) of that Act; or

(b) section 5, 6, 7 or 9 of that Act:

AND WHEREAS it is provided by sub-section 11 (3) of that Act that, before making regulations for the purposes of a provision referred to in sub-section 11 (2) of that Act, the Governor-General shall take into consideration any relevant recommendation made by the Australian Dairy Corporation under sub-section 11 (2) of that Act:

AND WHEREAS the Australian Dairy Corporation, after consultation with the Australian Dairy Industry Advisory Committee, has made recommendations to the Minister with respect to regulations to be made for the purposes of certain of the provisions of that Act referred to in sub-section 11 (2) of that Act:

NOW THEREFORE I, the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and after taking into consideration those recommendations made to the Minister by the Australian Dairy Corporation, hereby make the following Regulations under the Dairy Industry Stabilization Levy Act 1977.

Dated this twenty-seventh day of June 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

IAN SINCLAIR

Minister of State for Primary Industry

* Notified in the Commonwealth of Australia Gazette on 29 June 1978.

AMENDMENTS OF THE DAIRY INDUSTRY STABILIZATION LEVY REGULATIONS*

Commencement

1. These Regulations shall come into operation on 1 July 1978.

Interpretation

2. Regulation 3 of the Dairy Industry Stabilization Levy Regulations is amended by omitting the definition of “ modified skimmilk powder” and substituting the following definition:

“ ‘ modified skimmilk powder ’ means—

(a) powder produced by the removal of water from skimmilk, being powder containing—

(i) more than 1.5 per cent of fat and not more than 10 per cent of fat; and

(ii) not more than 5 per cent of moisture; or

(b) so much of a powder produced by the removal of water from a mixture of skimmilk and another substance (other than buttermilk) or other substances, being powder containing—

(i) not less than 25 per cent of a substance having the same composition as powder of the kind referred to in paragraph (a);

(ii) more than 1.5 per cent of fat and not more than 10 per cent of fat; and

(iii) not more than 5 per cent of moisture,

as consists of the substance having the same composition as powder of the kind referred to in paragraph (a);”.

Prescribed date for purposes of sub-section 6 (2) of the Act

3. Regulation 6 of the Dairy Industry Stabilization Levy Regulations is amended—

(a) by omitting from paragraph (a) “ and ”;

(b) by inserting after paragraph (a) the following paragraph:

“ (ab) with respect to whole milk powder—is 1 July 1978; and ”; and

(c) by omitting from paragraph (b) ", other than whole milk powder ”.

4. Regulation 8 of the Dairy Industry Stabilization Levy Regulations is repealed and the following regulation substituted:

Prescribed period for purposes of paragraph 9 (1) (a) of the Act

“ 8. For the purposes of paragraph 9 (1) (a) of the Act, the period of one year commencing on 1 July 1978 is the prescribed period with respect to dairy products of the kinds specified in column 1 of Schedule 3.”.

* Statutory Rules 1977, No. 108 as amended by Statutory Rules 1977, Nos. 231 and 282; and 1978, No. 48,

Schedule 2

5. Schedule 2 to the Dairy Industry Stabilization Levy Regulation is repealed and the following Schedule substituted:

SCHEDULE 2  Regulation 7

RATES OF LEVY

Column 1

Column 2

Kind of dairy products

Rate

 per tonne

$

Butter...................................................................................................................

690

Buttermilk powder................................................................................................

200

Butteroil...............................................................................................................

852

Casein..................................................................................................................

250

Cheese.................................................................................................................

380

Modified skimmilk powder....................................................................................

200

processed butteroil................................................................................................

10

Processed cheese..................................................................................................

10

Skimmilk and buttermilk powder mixture...............................................................

200

Skimmilk powder..................................................................................................

200

Whole milk powder...............................................................................................

160