Dairying Industry Assistance Regulations (Amendment) (Cth)

STATUTORY RULES.

1946. No. 119.

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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 seventeenth day of July, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

W. J. SCULLY

Minister of State for Commerce and Agriculture.

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Amendments of the Dairying Industry Assistance Regulations 1944.

Definitions

1. Regulation 2 of the Dairying Industry Assistance Regulations 1944 is amended by inserting, before the definition of “the Act”, the following definition:—

“ ‘product’ means butter, cheese, dried milk (not being skimmed milk powder), condensed milk or concentrated milk produced by the processing of dairy produce;”.

2. Regulation 3 of the Dairying Industry Assistance Regulations 1944 is repealed and the following regulation inserted in its stead:—

Allocations 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 to factories for payment to primary producers in respect of the dairy produce supplied by them to the factories during that year in a manner, calculated to ensure all average financial return for all such dairy produce which the Minister, after consultation with the Commonwealth Prices Commissioner, deems equal to the average cost of producing dairy produce during that year as determined by the Commonwealth Prices Commissioner:

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

* Notified in the Commonwealth Gazette on 18th July, 1946.

 Statutory Rules 1944, No. 57.

1622.—Price 3d.

 

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.

“(2.) Allocations for the purposes of this regulation shall be made by paying to each factory from time to time throughout each year ending on the thirty-first day of March such amounts as the Minister, after consultation with the Commonwealth Prices Commissioner, is satisfied are necessary to raise the average of values received by the factory in respect of a product manufactured thereat to a value which will enable the factory to pay to each primary producer such sum as is calculated to provide for the primary producer, in respect of the dairy produce supplied by him to the factory, an average return as indicated in the last preceding sub-regulation.

“(3.) For the purposes of sub-regulation (2.) of this regulation—

(a) the value of butter or the value of cheese as determined by the Committee for equalization purposes shall be deemed to be the average of values received by a factory for the particular product concerned; and

(b) inorder to determine the quantity of cheese in respect of which any amounts are to be paid, each pound of butter-fat in the milk used in the manufacture of cheese shall be deemed to yield 2.55 pounds of cheese.

“(4.) The manner of distribution of moneys payable under the Act shall be determined by the Minister after consultation with the Commonwealth Prices Commissioner and the Committee.

“(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 butter-fat recovered from whey.”.

Payments to share farmers.

3. Regulation 5 of the Dairying Industry Assistance Regulations 1944 is amended by omitting from sub-regulation (6.) all the words after the word “which” and inserting in their stead the words “moneys allocated under these Regulations shall be apportioned as between a share farmer and the owner of the farm”.

Returns to be furnished.

4. Regulation 6 of the Dairying Industry Assistance Regulations 1944 is amended—

(a)by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Every manufacturer of butter, cheese, dried milk (not being skimmed milk powder), condensed milk or concentrated milk shall, in respect of each month, furnish to the Committee areturn, in duplicate, in accordance with such one of the forms, approved by the Minister, as

 

is appropriate, giving such particulars as are specified therein with respect to the following:—

(a) Factory intake of milk, cream or fat recovered from whey;

(b) Disposals of butter-fat contents of such factory intake;

(c) Production of butter, cheese, dried milk (not being skimmed milk powder), condensed milk or concentrated milk;

(d)Payments to suppliers of dairy produce, including subsidy disbursements; and

(e) Undistributed subsidy moneys held by him.”; and

(b) by omitting from sub-regulation (2.) the words “in which the factory is situated” and inserting in their stead the words “from which payment under these Regulations is made”.

5. Regulation 8 of the Dairying Industry Assistance Regulations 1944 is repealed and the following regulation inserted in its stead:—

Investigation of accounts.

“8.—(1.) 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 be subject to investigation under the authority of the Minister.

“(2.) For the purposes of any investigation under the last preceding sub-regulation, an officer thereto authorized by the Minister may, at all reasonable times, enter any premises, and shall have access to accounts, books and documents directly relating to payments under these Regulations and also to accounts, books and documents relating to dairy produce received at the factory, to the products manufactured therefrom, and to disposals from the factory of milk, cream and manufactured products.

“(3.) The officer so authorized may make copies of, and take extracts from, any accounts, books or documents referred to in the last preceding sub-regulation”.

Repeal of the Schedule.

6. The Schedule to the Dairying Industry Assistance Regulations 1944 is repealed.

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