Dairy Industry Stabilization Regulations (Cth)
DAIRY INDUSTRY STABILIZATION REGULATIONS - Incorporating all amendments by
legislation made to 31 January 1981
- Reprinted as at 31 January 1981 (HISTREG CHAP 321 #DATE 31:01:1981)
legislation made to 31 January 1981
- Reprinted as at 31 January 1981 (HISTREG CHAP 321 #DATE 31:01:1981)
*1* The Dairy Industry Stabilization Regulations (in force under the Dairy
Rules 1977 No. 132 as amended by the other Statutory Rules specified in the
following table:
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Application, saving Year and Date of notification Date of or transitional
number in Gazette commencement provisions
---------------------------------------------------------------------------- 1977 No. 132 17 Aug 1977 17 Aug 1977
1977 No. 230 30 Nov 1977 1 Dec 1977 -
1978 No. 97(a) 29 June 1978 29 June 1978 -
1979 No. 104 29 June 1979 1 July 1979 -
---------------------------------------------------------------------------- (a) The form of introductory words used to make Statutory Rules 1978 No. 97
was as follows:
"WHEREAS it is provided by sub-section 4 (6) of the Dairy Industry
Stabilization Act 1977 that the regulations may provide that a production period with respect to a kind of dairy products shall be divided into 2 or more periods each of which shall be a production period with respect to that kind of dairy
products any one or more of which may be periods that commenced before the date
of commencement of the regulations:
"AND WHEREAS it is provided by sub-section 4 (7) of that Act that, before
making regulations for the purposes of sub-section 4 (6) of that Act, the
Governor-General shall take into consideration any relevant recommendations made to the Minister by the Australian Dairy Corporation after consultation with the
Australian Dairy Industry Advisory Committee:
"AND WHEREAS the Australian Dairy Corporation, after consultation with the Australian Dairy Industry Advisory Committee, has made recommendations to the
Minister with respect to the making of a regulation for the purposes of section
4 (6) 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 Regulation under the Dairy Industry
Stabilization Act 1977."
DAIRY INDUSTRY STABILIZATION REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Interpretation
2A. Production periods
3. Separate accounts to be kept in Fund
4. Account to which moneys in respect of certain dairy products are to
be credited
5. Manner of payment of levy, &c.
6. Monthly returns
7. Returns to be furnished after end of production period
8. Lodging of returns
9. Returns to be furnished to Corporation
10. Authorized agent
11. Execution of documents by a company
12. Records to be kept
SCHEDULE
Forms
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DAIRY INDUSTRY STABILIZATION REGULATIONS - SECT. 1.
Citation
1. These Regulations may be cited as the Dairy Industry Stabilization Regulations.*1*
See notes to first article of this Chapter.
DAIRY INDUSTRY STABILIZATION REGULATIONS - SECT. 2.
Interpretation
2. In these Regulations, unless the contrary intention appears-
"authorized agent" means a person appointed under regulation 10 to be an authorized agent;
"Director of Finance" means the person for the time being occupying, or performing the duties of, the office of Director of Finance in the Department of Primary Industry;
"Financial Controller" means the person for the time being employed by the Corporation as Financial Controller and includes a person for the time being acting as Financial Controller;
"the Act" means the Dairy Industry Stabilization Act 1977.
DAIRY INDUSTRY STABILIZATION REGULATIONS - SECT. 2A.
Production periodsInserted by 1978 No. 97
2A. (1) A production period with respect to a kind of dairy products (other than modified skimmilk powder and whole milk powder) that commenced on 1 July 1977 and ends on 30 June 1978 is divided into 2 periods, namely-
(a) the period that commenced on 1 July 1977 and ended on 31 December 1977; and
(b) the period that commenced on 1 January 1978 and ends on 30 June 1978,
each of which is a production period with respect to that kind of dairy products.
(2) The production period with respect to modified skimmilk powder that commenced on 1 December 1977 and ends on 30 June 1978 is divided into 2 periods, namely-
(a) the period that commenced on 1 December 1977 and ended on 31 December 1977; and
(b) the period that commenced on 1 January 1978 and ends on 30 June 1978,
each of which is a production period with respect to modified skimmilk powder.
Regulation 2B repealed by 1979 No. 104 r. 1
* * * * * * * *
DAIRY INDUSTRY STABILIZATION REGULATIONS - SECT. 3.
Separate accounts to be kept in Fund
3. A separate account is to be kept in the Fund in respect of each of the following:
(a) processed butteroil produced during each production period;
(b) processed cheese produced during each production period.
DAIRY INDUSTRY STABILIZATION REGULATIONS - SECT. 4.
Account to which moneys in respect of certain dairy products are to be
creditedSubstituted by 1977 No. 230 r. 2
4. Any moneys credited to the Fund under sub-section 10 (1) of the Act that were paid by the Commonwealth to the Corporation by reason of the receipt by the Commonwealth, from time to time, of levy in respect of-
(a) modified skimmilk powder; or
(b) skimmilk and buttermilk powder mixture,
are to be credited to the account in respect of skimmilk powder and buttermilk powder produced during the production period (being a production period with respect to skimmilk powder and buttermilk powder) during which the product in respect of which the levy was received by the Commonwealth was produced.
DAIRY INDUSTRY STABILIZATION REGULATIONS - SECT. 5.
Manner of payment of levy, &c.
5. Payment of levy and other moneys payable to the Commonwealth under the Act shall be made to the Collector of Public Moneys at the office of the Department of Primary Industry in Canberra.
DAIRY INDUSTRY STABILIZATION REGULATIONS - SECT. 6.
Monthly returns
6. (1) This regulation applies to-
(a) a person who is the proprietor of a factory at which dairy products are produced;
(b) a person who is the importer of dairy products referred to in sub-section 6 (4) of the Levy Act; and
(c) the Corporation.
(2) Where, in any month, dairy products on which levy is imposed have been sold by or on behalf of a person to whom this regulation applies, or have been used by the person in the production of other products, whether dairy products or not, the person shall, on or before the fourteenth day after the last day of the month immediately following the month in which the dairy products were sold or so used, furnish to the Director of Finance a return containing such of the following particulars in respect of that last-mentioned month as are applicable:
(a) the quantity of each kind of dairy products sold in that month, other than dairy products that have been exported from Australia or sold to the Corporation;
(b) the quantity of each kind of dairy products used in that month in the production of other products;
(c) with respect to each kind of dairy products referred to in paragraph (a) or (b), the production period in which the dairy products of that kind were produced;
(d) in respect of each kind of dairy products referred to in paragraph (a) or (b), the total amount of levy payable in respect of the dairy products so sold or used.
Amended by 1977 No. 230 r. 3(3) A return referred to in sub-regulation (2) shall-
(a) state the full name and address of the person furnishing the return; and
(b) contain a declaration, signed by the person furnishing the return or his authorized agent, stating that the information furnished in the return is true and correct in every particular.
(4) Where, in any month, no dairy products on which levy is imposed have been sold by or on behalf of a person to whom this regulation applies, or have been used by the person in the production of other products, whether dairy products or not, the person shall, on or before the fourteenth day after the last day of the month immediately following that month, furnish a statement to that effect to the Director of Finance.
DAIRY INDUSTRY STABILIZATION REGULATIONS - SECT. 7.
Returns to be furnished after end of production period
7. (1) Where dairy products on which levy is imposed were still in the ownership of the proprietor of the factory at which they were produced at the expiration of the prescribed period after the end of the production period in which the dairy products were produced, the proprietor of the factory shall, on or before the fourteenth day after the last day of that prescribed period, furnish to the Director of Finance a return containing the following particulars:
(a) the quantity of each kind of dairy products that were so in his ownership at the expiration of that period;
(b) with respect to each kind of dairy products referred to in paragraph (a), the production period in which the dairy products of that kind were produced;
(c) in respect of each kind of dairy products referred to in paragraph (a), the total amount of levy payable in respect of the dairy products that were so in his ownership at the expiration of that period.
(2) A return referred to in sub-regulation (1) shall-
(a) state the full name and address of the proprietor of the factory; and
(b) contain a declaration, signed by the proprietor of the factory or his authorized agent, stating that the information furnished in the return is true and correct in every particular.
(3) Where no dairy products on which levy is imposed were in the ownership of the proprietor of the factory at which they were produced at the expiration of the prescribed period after the end of the production period in which the dairy products were produced, the proprietor of the factory shall, on or before the fourteenth day after the last day of that prescribed period, furnish a statement to that effect to the Director of Finance.
(4) In this regulation, "prescribed period" has the same meaning as in section 5 of the Act.
DAIRY INDUSTRY STABILIZATION REGULATIONS - SECT. 8.
Lodging of returns
8. A return or statement referred to in regulation 6 or 7 shall be furnished to the Director of Finance by lodging it at the office of the Department of Primary Industry in Canberra.
DAIRY INDUSTRY STABILIZATION REGULATIONS - SECT. 9.
Returns to be furnished to Corporation
9. (1) Where, in any month-
(a) dairy products have been produced at a factory; or
(b) the proprietor of a factory, being a factory at which dairy products are produced, has-
(i) purchased or sold dairy products;
(ii) used dairy products in the production of other products (whether dairy products or not); or
(iii) otherwise disposed of dairy products,
the proprietor of the factory shall, on or before the fourteenth day after the last day of that month, furnish to the Financial Controller a return containing such of the following particulars in respect of that month as are applicable:
(c) the quantity of each kind of dairy products held in stock by him on the first day of that month;
(d) the quantity of each kind of dairy products produced at the factory in that month;
(e) the quantity of each kind of dairy products purchased by him in that month;
(f) the quantity of each kind of dairy products sold by him in that month for export;
(g) the quantity of each kind of dairy products sold by him in that month to the Corporation;
(h) the quantity of each kind of dairy products sold by him in that month otherwise than for export or to the Corporation;
(j) the quantity of each kind of dairy products used by him in that month in the production of other products;
(k) the quantity of each kind of dairy products disposed of by him in that month otherwise than by sale or use in the production of other products;
(l) the quantity of each kind of dairy products held in stock by him at the end of that month;
(m) with respect to each kind of dairy products referred to in paragraph (c), (e), (f), (g), (h), (j), (k) or (l), the production period in which the dairy products of that kind were produced.
(2) A return referred to in sub-regulation (1) shall-
(a) state the full name and address of the proprietor of the factory; and
(b) contain a declaration, signed by the proprietor of the factory or his authorized agent, stating that the information furnished in the return is true and correct in every particular.
(3) Where in any month-
(a) dairy products have not been produced at a factory, being a factory at which dairy products are produced; or
(b) the proprietor of a factory, being a factory at which dairy products are produced, has not-
(i) purchased or sold dairy products; (ii) used dairy products in the production of other products (whether dairy products or not); or
(iii) otherwise disposed of dairy products,
the proprietor of the factory shall, on or before the fourteenth day after the last day of that month, furnish a statement to that effect to the Financial Controller.
(4) A return or statement referred to in sub-regulation (1) or (3) shall be furnished to the Financial Controller by lodging it at the office of the Corporation in Melbourne.
DAIRY INDUSTRY STABILIZATION REGULATIONS - SECT. 10.
Authorized agent
10. (1) A person who is required to furnish a return under regulation 6, 7 or 9 may, by instrument in writing signed by that person, appoint a person to be his authorized agent for the purpose of signing on his behalf the declaration contained in that return.
(2) An instrument referred to in sub-regulation (1) shall be substantially in accordance with whichever of forms 1 and 2 in the Schedule is applicable.
(3) A person who, in pursuance of sub-regulation (1), appoints a person to be his authorized agent for the purpose of signing on his behalf the declaration contained in a return shall lodge the instrument of appointment at the place at which the return is required by these Regulations to be lodged.
DAIRY INDUSTRY STABILIZATION REGULATIONS - SECT. 11.
Execution of documents by a company
11. (1) Where these Regulations provide that a declaration or instrument of appointment shall be signed by a person and that person is a company, the declaration or instrument of appointment may be signed on behalf of the company by a director or the secretary of the company.
(2) In sub-regulation (1), a reference to a company shall be read as including a reference to a co-operative society incorporated under a law of a State or Territory.
DAIRY INDUSTRY STABILIZATION REGULATIONS - SECT. 12.
Records to be kept
12. The proprietor of a factory at which dairy products are produced shall keep proper records showing, in respect of each month-
(a) the quantity of each kind of dairy products produced at the factory in that month;
(b) the quantity of each kind of dairy products purchased by him in that month;
(c) the quantity of each kind of dairy products used by him in that month in the production of dairy products;
(d) the quantity of each kind of dairy products sold by him in that month for export;
(c) the quantity of each kind of dairy products sold by him in that month to the Corporation;
(f) the quantity of each kind of dairy products sold by him in that month otherwise than for export or to the Corporation;
(g) the quantity of each kind of dairy products, being products that have been exported from Australia, imported by him into Australia in that month;
(h) the quantity of each kind of dairy products disposed of by him in that month otherwise than by sale or use in the production of dairy products;
(j) the quantity of each kind of dairy products held in stock by him on the first day of that month;
(k) the quantity of each kind of dairy products held in stock by him at the end of that month; and
(l) with respect to each kind of dairy products referred to in paragraph (b), (c), (d), (e), (f), (g), (h), (j) or (k), the production period in which the dairy products of that kind were produced.
Penalty: $500.
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DAIRY INDUSTRY STABILIZATION REGULATIONS - SCHEDULE SCH
SCHEDULE
Regulation 10
FORM 1
COMMONWEALTH OF AUSTRALIA
Dairy Industry Stabilization Regulations
APPOINTMENT OF AUTHORIZED AGENT
To the Director of Finance, Department of Primary Industry, Canberra.
I,
(Full name and address)
hereby appoint-
(Full name and address of authorized agent)
a specimen of whose signature appears below, to be my authorized agent for the
purpose of signing on my behalf the declaration contained in any return required to be furnished by me to the Director of Finance, Department of Primary
Industry, under regulation 6 or 7 of the Dairy Industry Stabilization
Regulations.
Dated at
this day of 19 .
(Signature of person appointing authorized agent, or, where the person is a
company, signature of a director or the secretary of the company and his
designation)
Dated at
this day of 19 .
(Signature of authorized agent)
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FORM 2
COMMONWEALTH OF AUSTRALIA
Dairy Industry Stabilization Regulations
APPOINTMENT OF AUTHORIZED AGENT
To the Financial Controller, Australian Dairy Corporation, Melbourne.
I,
(Full name and address)
hereby appoint-
(Full name and address of authorized agent)
a specimen of whose signature appears below, to be my authorized agent for the
purpose of signing on my behalf the declaration contained in any return required to be furnished by me to the Financial Controller, Australian Dairy Corporation, under regulation 9 of the Dairy Industry Stabilization Regulations.
Dated at
this day of 19 .
(Signature of person appointing authorized agent, or, where the person is a
company, signature of a director or the secretary of the company and his
designation)
Dated at
this day of 19 .
(Signature of authorized agent) ------------------------------------------------------------------------------ --
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0
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