Dairy Produce Amendment Act 1992 (Cth)

Dairy Produce Amendment Act 1992

No. 67 of 1992

An Act to amend the Dairy Produce Act 1986

[Assented to 26 June 1992]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Dairy Produce Amendment Act 1992.

(2) In this Act, “Principal Act” means the Dairy Produce Act 19861.

Commencement

2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Section 6 commences on 1 July 1992.

Application of Industry Fund

3. Section 88 of the Principal Act is amended:

(a) by inserting after paragraph (1)(a) the following paragraphs:

“(ab) in meeting the expenses of the Corporation in performing its functions under paragraphs 7(a), (b) and (c);

(ac) in payments to the Council to enable the Council to acquire real property;”;

(b) by adding at the end the following subsections:

“(3) The Corporation may not expend any amount standing to the credit of the Industry Fund for a purpose specified in paragraph (1)(ab), (ac), (b), (c), (k) or (m) without the written approval of the Minister.

“(4) The approval of the Minister:

1. (a)

   must be given by notice in writing; and

2. (b)

   may be subject to conditions specified in the notice.”.

Application of the Promotion Fund

4. Section 91 of the Principal Act is amended by inserting after paragraph (a) the following paragraph:

“(aaa) in meeting the expenses of the Corporation in performing its functions under paragraphs 7(a), (b) and (c);”.

Market support payments

5. Section 94 of the Principal Act is amended by omitting from paragraph (1)(b) “1992” and substituting “2000”.

Rate of market support payments in relation to prescribed dairy produce

6. Section 95 of the Principal Act is amended:

1. (a)

   by omitting from paragraph (4)(a) “30%” and substituting “the percentage that under subsection (4A) is the percentage applicable in relation to prescribed dairy produce exported at that time”;

(b)

by inserting after subsection (4) the following subsection:

“(4A) For the purposes of paragraph (4)(a), the percentage applicable in relation to prescribed dairy produce exported at any time during the financial year specified in Column 2 of an item in the following Table is the percentage specified in Column 3 of that item.

TABLE
Column 1	Column 2	Column 3
Item	Financial
No.	year	%
1	1992-93	22
2	1993-94	20.286
3	1994-95	18.572
4	1995-96	16.858
5	1996-97	15.144
6	1997-98	13.43
7	1998-99	11.716
8	1999-2000	10

(c) by omitting from subsection (6) “that is less than 30%” and substituting “(being a percentage that is less than the percentage that, apart from the determination, would be the relevant percentage in force at that time in relation to that dairy produce)”.

Special rates on market support payments for underwritten dairy produce

7. Section 98 of the Principal Act is amended:

(a) by inserting before subsection (1) the following subsection:

“(1A) In this section:

‘subsequent financial year’ does not include a financial year after the financial year beginning on 1 July 1991.”;

(b) by inserting in subsection (1) “(not being a year after 1991)” after “year” (first occurring).

Winding-up of Market Support Fund

8. Section 102 of the Principal Act is amended by omitting from subsection (1) “1992” and substituting “2000”.

Repeal of Division

9. Division 5 of Part VII of the Principal Act is repealed.

NOTE

1. No. 54, 1986, as amended. For previous amendments, see No. 168, 1986; Nos. 162 and 141, 1987; Nos. 51, 111 and 114, 1988; Nos. 129 and 130, 1989; Nos. 15 and 17, 1990; and Nos. 26 and 39, 1991.

[Minister’s second reading speech made in—

House of Representatives on 6 May 1992

Senate on 28 May 1992