DAIRYING
INDUSTRY ASSISTANCE.
No.
58 of 1942.
An
Act to provide for the granting of Assistance to the Dairying Industry with the
object of aiding the Prosecution of the War, and for other purposes.
[Assented
to 13th October, 1942.]
Preamble.
BE
it enacted by the King’s Most Excellent Majesty, the Senate and the House of
Representatives of the Commonwealth of Australia, for the purpose of
appropriating the grant originated in the House of Representatives, as
follows:—
Short
title.
1. This Act may be cited as the Dairying
Industry Assistance Act 1942.
Commencement.
2. This Act shall come into operation on the day on which it receives
the Royal Assent.
Definitions.
3. In this Act—
“dairy
produce” means cows’ milk, or any produce derived from cows’ milk, which is to
be processed into butter or cheese; and
“primary
producer” means a person who produces dairy produce, and, where dairy produce
is produced in pursuance of a share-farming agreement, includes every party to
the agreement.
Financial
assistance.
4. With the object of promoting the production of dairy produce
required for the effectual prosecution of the war, there shall be payable, in
respect of the financial year ending on the thirtieth day of June, One thousand
nine hundred and forty-three, out of the Consolidated Revenue Fund, which is
hereby appropriated accordingly, the sum of One million five hundred “thousand
pounds for the purpose of providing financial assistance to primary producers.
Application
of moneys.
5. The amount appropriated by this Act shall be applied, in
accordance with the regulations, in making payments to primary producers.
Investigation
by Tariff Board.
6.—(1.) With a view of determining the manner in
which the amount appropriated by this Act should be allocated, the Tariff Board
may make such inquiries and investigations as it thinks necessary with respect
to the factors and circumstances affecting the dairying industry, and shall
make, to the Minister of State for Trade and Customs, recommendations as to the
allocation to be made.
(2.) In making recommendations under the last preceding subsection the
Tariff Board shall have regard to the existence in any area of conditions of
drought, to any disabilities of primary producers arising out of circumstances
attributable to the war, and to any terms and conditions of employment
prescribed by the Commonwealth Court of Conciliation and Arbitration in
relation to the dairying industry or any part thereof.
(3.) The Governor-General may appoint (in addition to the members of the
Tariff Board appointed under the Tariff
Board Act 1921-1934), to be a member of the Board when it is exercising its
powers under this section, a person who has wide knowledge of the dairying
industry.
(4.) The provisions of the Tariff
Board Act 1921-1934 in relation to members of the Tariff Board (other than
the provisions as to the term of the appointment) shall apply in relation to a
person appointed under this section in like manner as if he were appointed to
be a member of that Board under that Act.
(5.) The provisions of the Tariff
Board Act 1921-1934 shall apply in relation to inquiries and investigations
under this section in like manner as they apply in relation to inquiries by the
Tariff Board under that Act.
Terms
and conditions of employment in the dairying industry.
7.—(1.) With the object of ensuring an adequate
supply of dairy produce during the war, the Minister or the Attorney-General
may request the Commonwealth Court of Conciliation and Arbitration to determine
any matters with respect to the terms and conditions of employment to be
observed in relation to persons employed in the dairying industry or any part
thereof.
(2.) Upon a request to the Court under this section
in respect of any matter, the Court may, notwithstanding that an industrial
dispute within the meaning of the Commonwealth
Conciliation and Arbitration Act 1904-1934 affecting the matter does not
exist, proceed to hear and determine the matter in like manner as if it were
such an industrial dispute.
(3.) Any rates of wages prescribed by the Court in
pursuance of the powers conferred by this section shall operate from such date,
not earlier than the first day of October, One thousand nine hundred and
forty-two, as the Court
determines.
(4.) Any award, order or determination made by the
Court in pursuance of the powers conferred by this section shall have the like
force and effects, and the provisions of the Commonwealth Conciliation and Arbitration Act 1904-1934 shall apply, in relation
thereto, in like manner, as if it were made in pursuance of the powers
conferred by that Act.
Offences.
8. A person shall not—
(a)obtain any payment under this Act by means of any false or misleading
statement; or
(b)present, to any officer or other person doing duty in relation to this Act
or the regulations, any document, or make to any such officer or person any
statement, which is false in any particular.
Penalty:
Five hundred pounds. or imprisonment for two years.
Regulations.
9. 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 prescribing—
(a) the manner of allocating the amount appropriated by this Act;
(b) the primary producers to whom payments may be made under this Act;
(c) the conditions subject to which
payments shall be made to primary producers; and
(d)