Dairying Industry Act 1962 (Cth)
DAIRYING INDUSTRY ACT 1962 [Note: This Act is "repealed" by Act No. 59 of 1986]
(#DATE 19:12:1973)
(#DATE 19:12:1973)
Compilation Information - Reprinted as at 19 December 1973
DAIRYING INDUSTRY ACT 1962-1973 - TABLE OF PROVISIONS TABLE
DAIRYING INDUSTRY ACT
1962-1973
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. (Repealed)
4. Definitions
5. Specification of bounties
6. Rates of bounty
7. To whom bounty payable
7A. Payment of bounty to the Company for distribution
7B. Withholding of bounty
8. Benefit of bounty to be passed on to producers
9. Inspection of books and accounts
10. Offences
11. Application of Dairying Industry Stabilization Fund
12. Regulations
DAIRYING INDUSTRY ACT 1962-1973 - SECT. 1.
Short title.SECT
DAIRYING INDUSTRY ACT 1962-1973
An Act to make provision for the Payment of Bounties on the Production of Butter, Cheese and certain other Butter Fat Products, and for other purposes.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Dairying Industry Act 1962-1973.*
DAIRYING INDUSTRY ACT 1962-1973 - SECT. 2.
Commencement.SECT
2. This Act shall come into operation on the first day of July, One thousand nine hundred and sixty-two.
Section 3 repealed by No. 216, 1973, s. 3.
* * * * * * * *
DAIRYING INDUSTRY ACT 1962-1973 - SECT. 4.
Definitions.SECT
4.* In this Act, unless the contrary intention appears-
''bounty'' means bounty under this Act;
''butter'' means butter produced from cow's milk or from cream derived from cow's milk, and includes butter fat products, but does not include butter produced from whey;
''butter factory''* means premises where butter is produced, being premises the proprietor of which participates, in respect of butter produced at the premises, in an equalization scheme administered by an equalization body;
''butter fat product'' means goods consisting of butter fat (being butter fat derived from cow's milk) and another substance or other substances, being goods the weight of the butter fat content of which is not less than forty per centum of the weight of the goods, but does not include butter, cheese or goods produced from whey;
''cheese'' means cheese produced from cow's milk;
''cheese factory''* means premises where cheese is produced, being premises the proprietor of which participates, in respect of cheese produced at the premises, in an equalization scheme administered by an equalization body;
''equalization body''* means a company or other body approved by the Minister, being a company or body administering an equalization scheme in respect of the financial return, to persons who participate in the scheme, from the disposal of butter or cheese;
''factory'' means a butter factory or a cheese factory;
''year'' means a period of twelve months commencing on the first day of July.
DAIRYING INDUSTRY ACT 1962-1973 - SECT. 5.
Specification of bounties.SECT
5. (1) Subject to this Act-
(a) a bounty is payable on the production of butter at butter factories; and
(b) a bounty is payable on the production of cheese at cheese factories.
Amended by No. 23, 1967, s. 2;and No. 35, 1972, s. 3.(2) The bounties are payable in respect of butter and cheese produced after the commencement of this Act and before the first day of July, One thousand nine hundred and seventy-seven.
(3) Bounty is not payable in respect of a butter fat product produced from butter or from another butter fat product.
(4) The bounties are payable out of moneys appropriated by the Parliament from time to time for the purpose.
DAIRYING INDUSTRY ACT 1962-1973 - SECT. 6.
Rates of bounty.SECT
Substituted by No. 47, 1970, s. 15.
6. (1) Where the Parliament has, in respect of the year commencing on the first day of July, One thousand nine hundred and seventy, or of any subsequent year, appropriated a single amount for the purpose of the payment of both of the bounties referred to in sub-section (1) of the last preceding section, the rate of each of those bounties in respect of any butter or cheese produced during
ab that year shall be ascertained in accordance with the formula ---, where-
c
a is a number equal to the number of pounds of butter fat in the milk or cream used in the production of the butter or cheese;
b is the amount so appropriated by the Parliament; and
c is a number equal to the number of pounds of butter fat in the milk or cream used in the production of the total quantity of butter and cheese produced at butter and cheese factories in that year.
(2) Where the Parliament has, in respect of the year commencing on the first day of July, One thousand nine hundred and seventy, or of any subsequent year, appropriated an amount for the sole purpose of the payment of a bounty referred to in paragraph (a) of sub-section (1) of the last preceding section, the rate of the bounty in respect of any butter produced during that year shall be
ab ascertained in accordance with the formula ---, where-
c
a is a number equal to the number of pounds of butter fat in the milk or cream used in the production of the butter;
b is the amount so appropriated by the Parliament; and
c is a number equal to the number of pounds of butter fat in the milk or cream used in the production of the total quantity of butter produced at butter factories in that year.
(3) Where the Parliament has, in respect of the year commencing on the first day of July, One thousand nine hundred and seventy, or of any subsequent year, appropriated an amount for the sole purpose of the payment of a bounty referred to in paragraph (b) of sub-section (1) of the last preceding section, the rate of the bounty in respect of any cheese produced during that year shall be
ab ascertained in accordance with the formula ---, where-
c
a is a number equal to the number of pounds of butter fat in the milk used in the production of the cheese;
b is the amount so appropriated by the Parliament; and
c is a number equal to the number of pounds of butter fat used in the production of the total quantity of cheese produced at cheese factories in that year.
(4) The Minister shall, from time to time during the year commencing on the first day of July, One thousand nine hundred and seventy, and during each subsequent year, determine interim rates of bounty in respect of butter and cheese produced during the year concerned having regard to-
(a) the amount or amounts that the Minister considers is likely to be available for distribution as bounty in that year or, after the Parliament has, in respect of that year, appropriated an amount or amounts for the purpose of the payment of bounty, the amount or amounts so appropriated; and
(b) estimates made by him from time to time, after consultation with the Council, of the quantity of butter and cheese that will be produced during that year at factories,
and amounts on account of bounty in respect of butter or cheese may be paid at the appropriate interim rate so determined.
(5) Where the amount, or the sum of the amounts, paid to a person in accordance with the last preceding sub-section on account of bounty in respect of any butter or cheese exceeds the amount of the bounty that becomes payable to that person in respect of that butter or cheese, the amount of the excess is repayable to the Commonwealth on demand in writing by or on behalf of the Minister and, if not paid within three months after the demand, is recoverable in a court of competent jurisdiction as a debt due to the Commonwealth.
DAIRYING INDUSTRY ACT 1962-1973 - SECT. 7.
To whom bounty payable.SECT
7. (1) Bounty on the production of butter or cheese is payable to the proprietor of the factory at which the butter or cheese was produced.
(2) Bounty may be paid to an equalization body for distribution, in accordance with this Act and the directions of the Minister, amongst proprietors of factories who are participants in an equalization scheme administered by that body.*
(3) Money paid to an equalization body under this section shall, until it is distributed in accordance with this section, be deemed to be money held in trust for the Commonwealth.*
DAIRYING INDUSTRY ACT 1962-1973 - SECT. 8.
Benefit of bounty to be passed on to producers.SECT
8. (1) Amounts received by the proprietor of a factory as bounty-
(a) shall be used only for the purpose of making payments to producers of milk or cream in respect of milk or cream supplied by them to the factory; and
(b) until so used, shall be deemed to be money held in trust for the Commonwealth.
(2) Where the Minister is not satisfied that the prices being paid by the proprietor of a factory to producers of milk or cream used in the production of butter or cheese at the factory are such as to pass on to those producers, in an equitable manner, the full benefit of the bounty in respect of the butter or cheese, the Minister may direct that bounty shall not be paid to that proprietor.
DAIRYING INDUSTRY ACT 1962-1973 - SECT. 9.
Inspection of books and accounts.SECT
Sub-section (1) amended by No. 47, 1970, s. 16.
9. (1) For the purposes of this Act, a person authorized in writing by the Minister to exercise powers under this section may, at all reasonable times-
(a) enter any factory in which is produced butter or cheese in respect of which bounty is, or may be, payable or any premises in which are kept books or accounts relating to the production of any such butter or cheese; and
(b) inspect, and make copies of or take extracts from, any such books or accounts.
Amended by No. 93, 1966, s. 3.(2) A person shall not obstruct or hinder a person authorized to exercise powers under this section in the exercise of those powers.
Penalty: One hundred dollars.
DAIRYING INDUSTRY ACT 1962-1973 - SECT. 10.
Offences.SECT
Amended by No. 93, 1966, s. 3.
10. A person shall not-
(a) obtain a payment under this Act by means of a false or misleading statement;
(b) present to a person performing duties in relation to this Act or the regulations a document, or make to such a person a statement, that is false or misleading in a material particular; or
(c) furnish under the regulations a return that is false or misleading in a material particular.
Penalty: One thousand dollars or imprisonment for twelve months.
DAIRYING INDUSTRY ACT 1962-1973 - SECT. 11.
Application of Dairying Industry Stabilization Fund.SECT
11. Notwithstanding anything contained in the Dairy Produce Export Control Act 1924-1962, the moneys and securities constituting, at the date of commencement of this Act, the Australian Dairy Produce Board Dairying Industry Stabilization Fund established by the Australian Dairy Produce Board in its accounts (including the proceeds of the realization of those securities) may be applied by the Board, in such manner as it thinks fit-
(a) so as to raise returns to proprietors of factories from the sale of butter and cheese exported from Australia; or
(b) for any other purpose approved by the Minister.
DAIRYING INDUSTRY ACT 1962-1973 - SECT. 12.
Regulations.SECT
Amended by No. 93, 1966, s. 3.
12. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, for-
(a) requiring persons to furnish returns for the purposes of this Act;
(b) providing that bounty is not to be payable, or that payment of bounty may be withheld, where a provision of the regulations has not been complied with; and
(c) prescribing penalties, not exceeding a fine of One hundred dollars, for offences against the regulations.
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DAIRYING INDUSTRY ACT 1962-1973 - NOTES
NOTES
1. The Dairying Industry Act 1962-1973 comprises the Dairying Industry Act 1962 as amended by the other Acts specified in the following table:
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Number Date of
Act and year Date of
Assent commencement
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Dairying Industry Act
1962 No. 46, 1962 28 May 1962 1 July 1962
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Dairying Industry Act
1967 No. 23, 1967 16 May 1967 13 June 1967
Dairying Industry Act
1970 No. 47, 1970 24 June 1970 Part I and s. 16:
Royal Assent
S. 15: 1 July 1970
Remainder: See Note
2
Dairying Industry Act
1972 No. 35, 1972 26 May 1972 26 May 1972
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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2. The Dairying Industry Act 1970 is printed immediately following this Act. Parts II, III, IV and V of the Dairying Industry Act 1970 are to come into operation on dates to be fixed by Proclamation. No Proclamations fixing dates of commencement of those Parts had been published before 1 June 1974. The amendments made by those Parts have not been incorporated in this print.
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