Dairy Produce Act 1986
No. 54, 1986
Compilation No. 34
Compilation date: 20 September 2017
Includes amendments up to: Act No. 93, 2017
Registered: 20 September 2017
About this compilation
This compilation
This is a compilation of the Dairy Produce Act 1986 that shows the text of the law as amended and in force on 20 September 2017 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Act to bind Crown
4A Application of the Criminal Code
Part II—Provision of services to the dairy industry
Division 1—Funding contract
5 Funding contract
6 Appropriation for payments under funding contract etc.
Division 2—Industry services body
7 Declaration of industry services body
Division 3—Polls and recommendations about amount of dairy service levy
9 Polls and recommendations about amount of dairy service levy
Division 4—Other provisions
10 Delegation
11 Declarations etc. taken to be authentic etc.
12 Publication of declarations
13 Tabling of financial reports
14 Other reports
Part VIII—Miscellaneous
109 Liability of industry services body for the subsidiary company
111 Power to call for returns
111A Determination of milk fat or protein content of dairy produce
113 Offences in relation to returns etc.
116 Access to premises
119 Secrecy
120 Appointment of authorised persons
125A Dairy industry adjustment program
126 Regulations
126A Ministerial directions
Schedule 2—Dairy Industry Adjustment Program
Part 1—Introduction
1 Simplified outline
2 Definitions
3 DSAP payment start day
4 DSAP claim period
5 Entity
6 Dairy farm enterprise
7 Eligible interest in a dairy farm enterprise
8 Application to things happening before commencement
Part
Overview
The Dairy Produce Act 1986 was enacted to provide a legislative framework for the marketing and export of dairy produce, as well as the collection of certain levies within the dairy industry. This Act was passed by the Commonwealth Parliament and addresses the need for structured regulation and financial support for the dairy industry, particularly in the wake of deregulation and the transition from quota-based systems to a more market-oriented approach. The Act enables the establishment of an industry services body to manage the collection of levies and the distribution of funds for services that benefit the Australian dairy industry. It includes provisions for the creation of the Dairy Structural Adjustment Fund, which is used to make payments to industry participants affected by the deregulation. The policy objective of the Act is to facilitate the adjustment of the dairy industry to new market conditions while ensuring fair and effective administration of levies and payments.
Scope and Application
The Dairy Produce Act 1986 is a Commonwealth statute that regulates the marketing and export of dairy produce and the collection of certain levies within the dairy industry. The Act applies to entities involved in the production, processing, manufacture, distribution, and sale of dairy products, including milk and cream, within Australia. It also extends to other products declared by the Minister as dairy produce. The Act governs the funding and operations of the industry services body, which is responsible for managing the dairy service levy and providing services to the dairy industry. The Act establishes a Dairy Adjustment Authority to administer payment schemes aimed at assisting the dairy industry during structural adjustments. Additionally, it outlines the collection and management of the dairy adjustment levy, which is imposed on the sale and relevant application of leviable milk products. The Act also provides for the creation of the Dairy Structural Adjustment Fund, which is used to make payments to eligible entities under the adjustment schemes. The Act's application is national, covering all states and territories of Australia, although specific implementation details may vary. The Act does not impose the levy on the Commonwealth itself but notionally holds it liable. Certain exclusions and exemptions from the levy are specified in the regulations, and penalties apply for late payment or non-payment of the levy. The Act was significantly amended by the Dairy Industry Service Reform Act 2003, which replaced many of its original provisions with new schemes and structures.
Key Provisions
- The Dairy Produce Act 1986 (the Act) sets out the legislative framework for the marketing and export of dairy produce in Australia, as well as the collection of certain levies related to the dairy industry. Section 5 of the Act allows the Minister to enter into a funding contract with an eligible body, which provides for the Commonwealth to make payments for dairy service and matching payments. The industry services body is required to conduct a poll about the amount of the dairy service levy, and make recommendations to the Minister about the amount of the levy (section 9). The Act imposes various obligations on the industry services body, including the publication of declarations (section 12), tabling of financial reports (section 13), and secrecy obligations (section 119). Offences and penalties for breach are outlined in sections 113, 116, and 133, among others. Section 113 provides that a person shall not refuse or fail to submit a return or provide information that is required by or under the Act, with a penalty of imprisonment for 12 months or 20 penalty units for natural persons, and 100 penalty units for bodies corporate. Section 116 imposes a penalty of imprisonment for 12 months or 20 penalty units, or both, for breaches of secrecy obligations. Section 133 sets out an offence for giving false or misleading evidence, with a penalty of imprisonment for 12 months.
- Area of Law
- Commercial Law
- Environmental Law
- Taxation Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Licensing & Registration
- Reporting & Disclosure Obligations
- Offence Provisions
- Enforcement Powers
- Regulatory Standards
