Dairying Industry Act 1970 (Cth)

DAIRYING INDUSTRY ACT 1970 [Note: This Act is "repealed" by Act No. 59 of 1986]
(#DATE 19:12:1973)

Compilation Information 

- Reprinted as at 19 December 1973

DAIRYING INDUSTRY ACT 1970 - TABLE OF PROVISIONS 
TABLE



                         DAIRYING  INDUSTRY  ACT  1970



                             TABLE  OF  PROVISIONS



                              PART  I-PRELIMINARY

Section

  1.        Short title and citation

  2.        Commencement

  3.        (Repealed)



                   PART  II-GENERAL  AMENDMENTS  OF  THE  PRINCIPAL  ACT



  4.        Interpretation

  5.        Definitions

  6.        To whom bounty payable

  7.        Payment of bounty to the Company for distribution



            PART  III-AMENDMENT  OF  THE  PRINCIPAL  ACT  IN  CONNEXION  WITH

                              BOUNTY  IN  RESPECT  OF  BUTTER



  8.        Interpretation

  9.        Definitions



            PART  IV-AMENDMENT  OF  THE  PRINCIPAL  ACT  IN  CONNEXION  WITH

                              BOUNTY  IN  RESPECT  OF  CHEESE



  10.       Interpretation

  11.       Definitions



                 PART  V-CONSEQUENTIAL  AMENDMENTS  OF  THE  PRINCIPAL  ACT



  12.       Interpretation

  13.       Definitions

  14.       To whom bounty payable



                  PART  VI-ADDITIONAL  AMENDMENTS  OF  THE  PRINCIPAL  ACT



  15, 16. Amendments of the Dairying Industry Act 1962-1967

DAIRYING INDUSTRY ACT 1970 - SECT. 1. 
Short title. 
SECT

                          DAIRYING  INDUSTRY  ACT 1970



              An Act to amend the Dairying Industry Act 1962-1967.



                              PART  I-PRELIMINARY

Short title and citation.

  1. (1) This Act may be cited as the Dairying Industry Act 1970.*

  (2) The Dairying Industry Act 1962-1967 is in this Act referred to as the
Principal Act.

  (3) The Principal Act, as amended by this Act, may be cited as the Dairying
Industry Act 1962-1970.

DAIRYING INDUSTRY ACT 1970 - SECT. 2. 
Commencement. 
SECT

  2. (1) Part I and section 16 of this Act shall come into operation on the
day on which this Act receives the Royal Assent.

  (2) Section 15 of this Act shall come into operation on the first day of
July, One thousand nine hundred and seventy.

  (3)* Parts II, III, IV and V of this Act shall come into operation on such
dates as are respectively fixed by Proclamation.

Section 3 repealed by No. 216, 1973, s. 3.

                         *   *   *   *   *   *   *   *

DAIRYING INDUSTRY ACT 1970 - SECT. 4. 
Interpretation. 
SECT

               PART  II*-GENERAL  AMENDMENTS  OF  THE  PRINCIPAL

                                      ACT

  4. In this Part, a reference to the Principal Act shall be read as a
reference to the Principal Act as amended by Part VI of this Act.

DAIRYING INDUSTRY ACT 1970 - SECT. 5. 
Definitions. 
SECT

  5. Section 4 of the Principal Act is amended by inserting after the
definition of  ''factory''  the following definitions:-



  '' 'levy' means an amount of the levy;



  'provisional levy' means an amount of the provisional levy imposed by the
Levy Act;



  'the Company' means the company registered under the law of the State of New
South Wales under the name of 'Commonwealth Dairy Produce Equalisation
Committee Limited';



  'the Council' means the Australian Dairy Industry Council;



  'the levy' means the levy imposed by the Levy Act;



  'the Levy Act' means the Dairying Industry Levy Act 1970;''.

DAIRYING INDUSTRY ACT 1970 - SECT. 6. 
To whom bounty payable. 
SECT

  6. Section 7 of the Principal Act is amended by adding at the end thereof
the following sub-section:-



  ''(4) The last two preceding sub-sections do not apply in relation to bounty
in respect of butter or cheese on which the levy has been imposed.''.

DAIRYING INDUSTRY ACT 1970 - SECT. 7. 
Payment of bounty to the Company for distribution. 
SECT

  7. After section 7 of the Principal Act the following sections are
inserted:- 

  ''7A. (1) The Minister may, on behalf of the Commonwealth, enter into an
arrangement with the Company to perform the function of making payments of
bounty on behalf of the Commonwealth.



  ''(2) Without prejudice to the generality of the last preceding sub-section,
an arrangement under that sub-section may provide for-



  (a)  the keeping by the Company of accounts and records in relation to
bounty received and distributed by the Company;



  (b)  the inspection and audit of the accounts and records referred to in the
last preceding paragraph; and



  (c)  the furnishing by the Company to the Minister of information with
respect to bounty distributed by the Company.



  ''(3) Bounty to which an arrangement under this section relates may be paid
to the Company for distribution in accordance with the arrangement.



  ''(4) The Audit Act 1901-1969 does not apply in relation to amounts of
bounty in the hands of the Company.



  ''(5) Money paid to the Company under this section shall, until it is
distributed in accordance with the arrangement under which it is paid, be
deemed to be money held in trust for the Commonwealth.

Withholding of bounty.

  ''7B. Where provisional levy or levy in respect of butter or cheese that has
been due and payable by a person for a period of more than three months has
not been paid, the Minister, on the recommendation of the Council, may, by
instrument in writing, direct that any bounty with respect to the butter or
the cheese, as the case may be, that is payable to the person shall be
withheld until the provisional levy or levy, as the case may be, so due and
payable has been paid.''.

DAIRYING INDUSTRY ACT 1970 - SECT. 8. 
Interpretation. 
SECT

               PART  III*-AMENDMENT  OF  THE  PRINCIPAL  ACT  IN

                CONNEXION  WITH  BOUNTY  IN  RESPECT  OF  BUTTER

  8. In this Part, a reference to the Principal Act shall be read as a
reference to the Principal Act as amended by Part VI of this Act and, if Parts
II and IV of this Act come into operation before this Part, as amended by
those Parts.

DAIRYING INDUSTRY ACT 1970 - SECT. 9. 
Definitions. 
SECT

  9. Section 4 of the Principal Act is amended by omitting the definition of
''butter factory''.

DAIRYING INDUSTRY ACT 1970 - SECT. 10. 
Interpretation. 
SECT

                PART  IV*-AMENDMENT  OF  THE  PRINCIPAL  ACT  IN

                CONNEXION  WITH  BOUNTY  IN  RESPECT  OF  CHEESE

  10. In this Part, a reference to the Principal Act shall be read as a
reference to the Principal Act as amended by Part VI of this Act and, if Parts
II and III of this Act come into operation before this Part, as amended by
those Parts.

DAIRYING INDUSTRY ACT 1970 - SECT. 11. 
Definitions. 
SECT

  11. Section 4 of the Principal Act is amended by omitting the definition of
''cheese factory''.

DAIRYING INDUSTRY ACT 1970 - SECT. 12. 
Interpretation. 
SECT

                  PART  V*-CONSEQUENTIAL  AMENDMENTS  OF  THE

                                 PRINCIPAL  ACT

  12. In this Part, a reference to the Principal Act shall be read as a
reference to the Principal Act as amended by Part VI and by Parts II to IV
(inclusive) of this Act.

DAIRYING INDUSTRY ACT 1970 - SECT. 13. 
Definitions. 
SECT

  13. Section 4 of the Principal Act is amended by omitting the definition of
''equalization body''.

DAIRYING INDUSTRY ACT 1970 - SECT. 14. 
To whom bounty payable. 
SECT

  14. Section 7 of the Principal Act is amended by omitting subsections (2),
(3) and (4).

DAIRYING INDUSTRY ACT 1970 - SECT. 15-16. 
 
SECT

                    PART  V-ADDITIONAL  AMENDMENTS  OF  THE

                                 PRINCIPAL  ACT



  15-16.* *   *   *   *   *   *   *

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DAIRYING INDUSTRY ACT 1970 - NOTES 



                                     NOTES

1.  This Act comprises the Dairying Industry Act 1970 as amended by the other
Act 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

    1970                        No. 47, 1970    24 June 1970 Part I and s.
16:

                                                             Royal Assent

                                                             S. 15: 1 July
1970 

                                                             Remainder: See

                                                             Note 2

    Statute Law Revision Act

    1973                        No. 216, 1973   19 Dec 1973  31 Dec 1973

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2.  No Proclamation fixing dates of commencement of Part II, III, IV or V had
been published before 1 June 1974.

3.  The amendments made by Part VI (that is, the repeal and substitution of
section 6, and the amendment of section 9, of the Dairying Industry Act
1962-1967) have been incorporated in the print of the Dairying Industry Act
1962-1973 immediately preceding this print.