Dairy Produce Levy Regulations (Cth)

 

STATUTORY RULES.

1958. No. 72

REGULATIONS UNDER THE DAIRY PRODUCE LEVY ACT 1958.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of, Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the DairyProduceLevyAct 1958.

Dated this 30th

day of October, 1958

W. J. Slim

Governor-General.

By His Excellency’s Command,

(Sgd.) WILLIAM McMAHON

Minister of State for Primary Industry.

DAIRY PRODUCE LEVY REGULATIONS.

1. These Regulations may be cited as the Dairy Produce Levy short title. Regulations.

Interpretation.

2.—(1.) In these Regulations, unless the contrary intention appears—

 “authorized agent” means a person appointed in pursuance of regulation 5 of these Regulations to be an authorized agent for the purposes of these Regulations;

“return” means a return required to be furnished to the Secretary in pursuance of sub-regulation (1.) of regulation 4 of these Regulations;

“the Secretary” means the Secretary to the Department of Primary Industry;

“the Act” means the DairyProduceLevyAct 1958.

(2.) In these Regulations, a reference to a form by number shall be read as a reference to the form so numbered in the Schedule to these Regulations.

Payment of levy.

3. For the purpose of section 11 of the Act, payment of an amount of levy payable to the Secretary shall be made by paying the amount to the

* Notified in the CommonwealthGazette on 31st October, 1958.

7280/58.—Price 3d.  9/23.10.1958.

officer for the time being holding or occupying in a State the office specified in the following table in respect of that State;—

State.	Designation of office.
New South Wales............................................................................................	Collector of Public Moneys, Department of Primary Industry, Sydney
Victoria ............................................................................................	Collector of Public Moneys, Department of Primary Industry, Melbourne
Queensland............................................................................................	Collector of Public Moneys, Department of Primary Industry, Brisbane
South Australia............................................................................................	Collector of Public Moneys, Department of Primary Industry, Adelaide
Western Australia............................................................................................	Collector of Public Moneys, Department of Primary Industry, Perth

Returns.

4.—(1.) A manufacturer who, in a month of the year, manufactures any dairy produce (not being dairy produce that is exempt from levy) shall, within twenty-eight days after the last day of that month, furnish to the Secretary a return containing particulars of all the dairy produce (not being dairy produce that is exempt from levy) manufactured by the manufacturer during that month.

(2.) A return shall be lodged with an officer specified in the table contained in the last preceding regulation.

(3.) A return shall be accompanied by a declaration signed in the presence of a witness.

(4.) A return and the accompanying declaration shall be in accordance with Form 1.

Authorized agents.

5.—(1.) A manufacturer may appoint a person to be his authorized agent for the purpose of executing on his behalf the declaration set out in Form 1.

(2.) An authorized agent may execute that declaration on behalf of the manufacturer.

(3.) Where that declaration has been executed by an authorized agent, the manufacturer is subject to the same liabilities and penalties as if he had executed the declaration.

(4.) The appointment of an authorized agent by a manufacturer shall be in accordance with Form 2 and shall be—

(a) signed by the manufacturer in the presence of a witness; and

(b) lodged by the manufacturer with an officer specified in the table contained in regulation 3 of these Regulations.

Offences.

6. A person shall not—

(a) fail or neglect duly to furnish a return under these Regulations; or

(b) make, or deliver to a person performing duties in relation to these Regulations, a declaration, or return, which is false or misleading in a material particular.

Penalty: Fifty pounds.

THE SCHEDULE.

Form 1. Regulation 4.

Commonwealth of Australia.

DairyProduceLevyAct 1958.

RETURN OF DAIRY PRODUCE MANUFACTURED.

(a) Insert full name and address of manufacturer.

To the Secretary to the Department of Primary Industry.

Particulars of the dairy produce (not being dairy produce that is exempt from levy) manufactured by  (a)   during the month of the year ended on the  day of  , 19 are as follows:—

Class of dairy produce manufactured.	Weight, in pounds, of butter, or notional weight, in pounds, of cheese, manufactured.	Rate of levy.	Amount of levy payable.
Butter...........................................................................................
Cheese...........................................................................................

Total amount of levy payable £

Declaration.

 

(b) Insert full name and address of person declaring.

I. (b) , hereby declare—

(c) Insert “manufacturer” or “authorized agent of the manufacturer”, whichever is applicable.

1. That I am the (c)  of the dairy produce specified in the foregoing return.

(d) Insert full name of manufacturer.

2. That (d)  did not, during the month of the year ended on  the day of  19 , manufacture any dairy produce other than—

(a) the dairy produce specified in the foregoing return; and

(b) dairy produce that is exempt from levy under section 9 of the Dairy Produce Levy Act 1958 (e)

(e) Strike out sub-paragraph (b) if no exempt dairy produce manufactured.

Declared at this day of , 19 

(f) Signature of person declaring.

(f)

(h) Occupation and address of witness.

 (g)

(g) Signature of witness.

 (h)

The Schedule—continued.

Form 2. Regulation 5.

Commonwealth of Australia.

DairyProduceLevyAct 1958.

APPOINTMENT OF AUTHORIZED AGENT.

To the Secretary to the Department of Primary Industry.

(a) Insert name and address of manufacturer.

(b) Insert full name, address and occupation of authorized agent.

I, (a) , hereby appoint (b) , a specimen of whose signature appears hereunder, to be my authorized agent for the purpose of executing on my behalf the declaration set out in Form 1 in the Schedule to the Dairy Produce Levy Regulations.

Dated at this day of 19  ,

(c) Signature of manufacturer.

(c)

(d) Signature of agent.

(d)

(e) Signature and address

(e)

By Authority: A. J. Arthur, Commonwealth Government Printer. Canberra.