Dairying Industry Assistance Regulations 1944 (Cth)

STATUTORY RULES.

1944. No. 57.

Regulations UNDER THE DAIRYING INDUSTRY ASSISTANCE ACT 1943.*

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 Dairying Industry Assistance Act 1943.

Dated this twenty-ninth day of March, 1944.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

Minister of State for Commerce and Agriculture.

 

Dairying Industry Assistance Regulations 1944.

Citation.

1. These Regulations may be cited as the Dairying Industry Assistance Regulations 1944.

Definitions.

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

“the Act” means the Dairying Industry Assistance Act 1943;

“the Committee” means the Commonwealth Dairy Produce Equalization Committee Limited, of Sydney, in the State of New South Wales.

Allocation of amounts appropriated.

3.—(1.) The moneys appropriated by the Parliament for the purposes of the Act in respect of any year ending on the thirty-first day of March, shall, subject to these Regulations, be allocated among primary producers so that the amount payable to any primary producer in respect of the dairy produce supplied by him in that year shall be such amount as bears to the whole amount appropriated in respect of that year the same proportion as the amount of butter fat contained in the dairy produce supplied by the primary producer in that year bears to the amount of butter fat contained in the whole of the dairy produce supplied in that year:

Provided that where the Minister is satisfied that the total amount received by a primary producer for the dairy produce supplied by him is such that the payment of any amount or of the full amount which would otherwise be payable to him under this regulation is not justified, the Minister may determine accordingly, and may direct that the whole or any portion of the amount which would otherwise be payable to the primary producer shall be withheld:

Provided further that the Minister may authorize interim payments to primary producers pending the determination of the amount of the final payments to be made.

 

*Notified in the Commonwealth Gazette on , 1944.

5104.—Price 5d. 9/24.2.1944.

 

(2.) For the purpose of determining the manner in which the moneys payable shall be allocated, the Minister shall request the Commonwealth Prices Commissioner to arrange for the Committee to make such inquiries and investigations as are necessary, and the Committee shall report to the Commonwealth Prices Commissioner, who shall make to the Minister from time to time recommendations as to how such moneys shall be allocated.

(3.) After making provision for possible seasonal fluctuations in production, the Minister shall approve of an interim rate or interim rates at which the annual appropriation under the Act shall be allocated.

(4.) If after payment of the interim payments approved by the Minister to all primary producers entitled thereto, there remains any balance of the amount which is appropriated by the Parliament for the purposes of the Act, in respect of any year ending on thirty-first day of March, the Minister may authorize the making of additional payments to primary producers in respect of dairy produce supplied by them for that year at such rate or rates as will exhaust that balance.

(5.) In allocating moneys appropriated by the Parliament for the purpose of the Act no account shall be taken of butter or cheese manufactured from milk fat recovered from whey.

Method of making payment.

4.—(1.) The Minister may authorize the payment of amounts payable to primary producers under these Regulations, through such body or bodies as he determines, to persons controlling factories for distribution to primary producers.

(2.) Where there exists between any manufacturers of butter, cheese, dried milk (not being skimmed milk powder), condensed milk or concentrated milk and any dealers in milk or cream, an arrangement whereby the proceeds from the sales of any of the commodities specified in this regulation are equalized between those manufacturers and dealers, the Minister may approve of any amount payable under these Regulations to primary producers who supplied dairy produce to such manufacturers and dealers being paid to the body representing those manufacturers and dealers for distribution to those primary producers proportionately according to the quantity of dairy produce supplied by them.

(3.) Any person to whom any money is paid under either of the last two preceding sub-regulations for payment to primary producers shall distribute the money to those primary producers in accordance with the provisions of those sub-regulations and shall not otherwise pay or distribute the money.

Penalty: Fifty pounds or imprisonment for three months.

(4.) Until any money paid under this regulation to any body or person is distributed to the primary producers entitled thereto, it shall be deemed to be money held in trust for the Commonwealth.

Payments to share-farmers.

5.—(1.) Where any primary producers entitled to any payment under these Regulations are share-farmers, the payment shall, subject to the next succeeding sub-regulation, be allocated between them on the basis provided by the share-farming agreement for the division of receipts thereunder from their share-farming operations.

 

(2.) Where any primary producer who is a share-farmer disputes the correctness of the basis of any allocation to him of any payment under these Regulations or considers the allocation of any such payment in the manner provided in the last preceding sub-regulation to be inequitable in the circumstances of his case, he may apply to the Minister to determine the basis of allocation of the payment between the parties to the share-farming agreement.

(3.) On receipt of any application made under the last preceding sub-regulation, the Minister shall refer the application to a Reviewing Authority appointed in pursuance of the next succeeding sub-regulation to consider and to make a recommendation thereon.

(4.) The Minister may appoint a person who holds or has held office as a Police, Stipendiary or Special Magistrate to be a Reviewing Authority for the purposes of this regulation and any Reviewing Authority so appointed shall have all the powers, rights and privileges vested in a Commissioner under the National Security (Inquiries) Regulations.

(5.) A Reviewing Authority shall act according to equity, good conscience and the substantial merits of the case without regard to technicalities or legal forms, and shall not be bound by any rules of evidence, but may inform his mind in such manner as he thinks just.

(6.) The Minister shall, after the receipt of a recommendation of the Reviewing Authority, upon the matters in dispute, determine the basis upon which the allocation shall be made.

Monthly returns to be furnished.

6.—(1.) Every manufacturer of butter, cheese, dried milk (not being skimmed milk powder), condensed milk or concentrated milk shall furnish to the Committee a return in accordance with the Form in the Schedule to these Regulations, showing the quantity of each of such commodities manufactured at his factory during each month, together with such particulars as are specified therein with respect to payments to suppliers of milk or cream to his factory and with respect to undistributed subsidy moneys held by him.

(2.) Each such manufacturer shall forward the return prescribed by the last preceding sub-regulation so as to reach the Committee within seven days after the close of the month to which it relates at the registered office of the Committee in the State in which the factory is situated.

Penalty for failure to furnish returns.

7. Any person who fails to furnish, within the prescribed time, any return which, under the last preceding regulation he is required to furnish shall be guilty of an offence.

Penalty: Fifty pounds.

Audit of accounts.

8. The accounts of bodies through which payments are made under these Regulations and the accounts of persons controlling factories to whom payments are made under these Regulations for distribution to primary producers shall, so far as these accounts relate to such payments, be subject to audit by the Auditor-General.

 

THE SCHEDULE.

——

Regulation 6.

Dairying Industry Assistance Regulations 1944.

MONTHLY RETURN BY MANUFACTURER. *

Return of   factory for the month of  , 19 .

1. Quantity of butter, cheese, dried milk (not being skimmed milk powder), condensed milk or concentrated milk manufactured for the month of—
——	Weight.	For Office Use Only.
Butter (other than butter made from milk fat recovered from whey) lb.
Cheese (other than cheese made from milk fat recovered from whey) lb.
26 per cent. Roller Milk Powder......................................................... lb.
26 per cent. Spray Milk Powder.......................................................... lb.
9 per cent. Sweetened Condensed Milk.......................................... lb.
9 per cent. Unsweetened Condensed Milk..................................... lb.
8 per cent. Unsweetened Condensed Milk..................................... lb.
All other Dried Milk Products (excluding Skimmed Milk Powder, Whey Products and Casein), Other Condensed Milk or Concentrated Milk—average butter-fat content of each type to be shown:—
lb. lb. lb. lb. lb. lb.
2. State the prices paid (excluding subsidy) for milk of choicest grade or cream of choicest grade received at the factory during the immediately preceding month—	Rate per lb. &c.
‡ Strike out the term not applicable. (a) Milk at per lb. butter-fat...................................................
(b) Cream at per lb. butter-fat‡ or butter‡...........................
3. State the rate per lb. and the supply period covered by any deferred payment or bonus paid during the month......................................................
4. If milk is purchased on its butter-fat content with an additional payment for milk solids other than fat, state the basis of such additional payment
5. State the rate per lb. of subsidy paid in respect of the milk or cream received at the factory during the immediately preceding month.............
6. State the rate per lb. and period covered by any retrospective payment made during the month on account of subsidy........................................
7. State the balance (if any) standing to the credit of your Subsidy Account at the close of the month......................................................................

* This return is to be furnished within seven days after the close of the month to the Commonwealth Dairy Produce Equalization Committee Limited at its registered office in the State in which the factory is situated.

  If any unsalted butter is manufactured, such butter is to be shown separately.

 

§ Strike out terms not applicable.

I of being the Owner, Manager, Secretary§ of the Factory to which this Return relates and being the person making this Return, declare that the particulars shown therein are true and correct in every particular.

Dated at this day of 19 .

║ Strike out terms not applicable.

Signature

Owner, Manager, Secretary. ║

Witness

Address of Witness

Note.—Section seven of the Dairying Industry Assistance Act 1943 is as follows:—

“7. 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.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.