Dairying Industry Regulations (Cth)

Case
No judgment structure available for this case.

STATUTORY RULES.

1962. No. 50.

 

REGULATIONS UNDER THE DAIRYING INDUSTRY ACT 1962.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Dairying Industry Act 1962.

Dated this twenty eighth day of June, 1962.

Administrator.

By His Excellency’s Command,

(sgd.) C. F. ADERMANN

Minister of State for Primary Industry.

 

DAIRYING INDUSTRY REGULATIONS.

Citation.

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

Definition.

2. In these Regulations—

“the Act” means the Dairying Industry Act 1962;

“the equalization body”, in relation to the proprietor of a factory, means the equalization body administering the equalization scheme in which the proprietor participates.

Returns.

3.—(1.)For the purposes of the Act, the proprietor of a factory that produces butter or cheese in any month shall, within seven days after the end of that month, furnish to the equalization body a return in respect of that production in accordance with this regulation.

(2.) The return shall set out particulars of—

(a)the quantity of butter fat on hand in the factory at the beginning of the month and the quantity of butter fat on hand at the end of the month;

(b)the quantity of butter fat obtained from milk and cream received in the factory during the month;

(c)the quantity of butter fat (other than butter fat recovered from whey) used in the production of butter or cheese during the month;

(d) the quantity of butter fat (other than butter fat recovered from whey) disposed of during the month otherwise than in the production of butter or cheese;

*Notified in the Commonwealth Gazette on 29th June, 1962.

4981/62.—Price 3d. 9/18.6.1962.

 

(e) the quantity of butter fat recovered from whey during the month;

(f) the quantity of butter fat recovered from whey used in the production of butter or cheese during the month;

(g)the quantity of butter fat recovered from whey disposed of during the month otherwise than in the production of butter or cheese;

(h)the quantities of butter or cheese or butter and cheese produced during the month other than butter or cheese produced from whey;

(i) the quantities of butter or cheese or butter and cheese produced during the month from whey;

(j) the total amount credited during the month to producers of milk and cream by way of bounty and otherwise; and

(k)bounty payments received by the proprietor and not paid by him at the end of the month, including the amounts represented by cheques that have been outstanding for twelve months or longer.

(3.) The return shall be furnished by a proprietor of a factory in accordance with such form as the Minister approves and notifies to the equalization body to be the form to be furnished for the purposes of the Act.

(4.) Bounty is not payable to the proprietor of a factory on the production of butter or cheese in any month unless he has furnished a return in respect of that production in accordance with this regulation.

Proprietor of cheese factory to keep daily record.

4.—(1.) The proprietor of a cheese factory shall keep records in permanent form in which he shall enter each day such particulars as the Minister by writing under his hand directs, or, in the absence of such a direction—

(a)if the intake of milk at the factory is used only for the production of cheese—particulars of the quantity of butter fat contained in the milk used in the factory on that day after deducting any excess butter fat content that is, or is to be, diverted to a butter factory; and

(b) inany other case—in respect of each vat used in the production of cheese, referring to that vat by number, particulars of—

(i) the quantity of milk (measured in gallons) placed in the vat on that day;

(ii) the quantity of butter fat contained in that milk;

(iii) the percentage by weight of that milk that consists of butter fat;

(iv) the number of the various types of cheese produced from the vat on that day; and

(v) the total weight of cheese produced from the vat on that day

Penalty: Fifty pounds.

 

(2.) Where the proprietor of a cheese factory is required to keep records of the quantity of milk placed in each vat under paragraph (b) of the last preceding sub-regulation, he shall, for the purpose of measuring the quantity of milk placed in each vat, equip each vat with a separate measuring rod that is marked with such gradations of measurement as are directed by an authority or person approved by the Minister for the purposes of this sub-regulation.

Penalty: Fifty pounds.

(3.) In determining, for the purposes of paragraph (b) of sub-regulation (1.) of this regulation, the weight of milk in a vat, each gallon of milk shall be deemed to weigh ten and sixteen-fiftieths pounds.

Records to be kept.

5.—(1.) The proprietor of a factory shall keep from day to day such records as are necessary to enable the returns which he is required to furnish under these Regulations to be fully and completely prepared.

(2.) The proprietor of a factory shall also keep records of—

(a)the total amount paid during each month to producers of milk and cream by way of bounty and otherwise; and

(b)the rate of bounty per pound of butter or cheese produced passed on each month to producers of milk and cream.

(3.) The proprietor of a factory shall not destroy any records which he is required to keep under these Regulations until authorized to do so by the Minister.

Penalty: Fifty pounds.

Proprietor of factory to maintain separate bounty ledger account.

6. The proprietor of a factory shall maintain a separate bounty ledger account and shall keep that account posted up to date.

Penalty: Fifty pounds.

Final bounty payments to be passed on within three months.

7. Where the proprietor of a factory that produces butter or cheese or butter and cheese in any year fails, within three months after his receipt of the final bounty payment for that year from the equalization body, to pass that bounty payment on to producers of milk and cream, the Minister may direct that payment of bounty shall be withheld from that proprietor for such period as the Minister determines.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0