Dairying Industry Research and Promotion Levy Act 1972 (Cth)

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY ACT 1972
- Reprinted as at 30 September 1982 (HISTACT CHAP 473 #DATE 30:09:1982)

*1* The Dairying Industry Research and Promotion Levy Act 1972 as shown in this

reprint comprises Act No. 31, 1972 amended as indicated in the Tables below.

(The citation "Dairying Industry Research and Promotion Levy Act 1972" is
provided for by the Amendments Incorporation Act 1905 and the Acts Citation Act
1976.)

Table of Acts
----------------------------------------------------------------------------- Application, saving or
Number Date of Date of transitional Act and year Assent commencement provisions
----------------------------------------------------------------------------- Dairying Research
Levy Act 1972 31, 1972 26 May
1972 30 June 1972 (see
Gazette 1972, No.
51, p. 3).
Statute Law Revision
Act 1973 216, 1973 19 Dec
1973 31 Dec 1973 Ss. 9 (1)
and 10
Dairying Industry
Research and
Promotion Levy Act
1976 78, 1976 10 June
1976 1 Aug 1976 (see
Gazette 1976, No.
S111, p. 1) S. 8
Dairying Industry
Research and
Promotion Levy
Amendment Act 1976 200, 1976 20 Dec
1976 20 Dec 1976 S. 4 (2)
Dairying Industry
Research and
Promotion Levy
Amendment Act 1978 138, 1978 15 Nov
1978 1 Dec 1978 -
Dairying Industry
Research and
Promotion Levy
Amendment Act 1980 170, 1980 17 Dec
1980 17 Dec 1980 -
Dairying Research
Amendment Act 1981 12, 1981 25 Mar
1981 22 Apr 1981 S. 12
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Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
----------------------------------------------------------------------------- Provision affected How affected
----------------------------------------------------------------------------- Title . . . . . . . . am. No. 138, 1978

S. 1 . . . . . . . . . rs. No. 200, 1976

S. 3 . . . . . . . . . rep. No. 216, 1973

S. 4 . . . . . . . . . am. No. 78, 1976

S. 5 . . . . . . . . . am. No. 200, 1976; No. 138, 1978; No. 12, 1981

S. 7 . . . . . . . . . rs. No. 78, 1976

am. No. 170, 1980

S. 9 . . . . . . . . . am. No. 78, 1976

S. 11 . . . . . . . . rs. No. 78, 1976

am. No. 170, 1980

S. 13 . . . . . . . . am. No. 78, 1976
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DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY ACT 1972 - TABLE OF 
PROVISIONS 
TABLE

                             TABLE  OF  PROVISIONS


                              PART  I-PRELIMINARY



Section

  1.        Short title

  2.        Commencement

  4.        Collection Act to be read with this Act

  5.        Interpretation



                               PART  II-LEVY  ON  WHOLE  MILK

  6.        Imposition of levy

  7.        Amount of levy

  8.        By whom levy payable

  9.        Exemptions



                              PART  III-LEVY  ON  BUTTER  FAT

  10.       Imposition of levy

  11.       Amount of levy

  12.       By whom levy payable



                                    PART  IV-REGULATIONS

  13.       Regulations

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY ACT 1972 - LONG TITLE 
SECT

An Act to impose a Levy on certain Whole Milk, and certain Butter Fat,
produced in Australia and sold, or otherwise disposed of, by the Producer

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY ACT 1972 - SECT. 1. 
Short title 
SECT

                              PART  I-PRELIMINARY

  1. This Act may be cited as the Dairying Industry Research and Promotion
Levy Act 1972.*1*


See notes to first article of this CHAPTER.

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY ACT 1972 - SECT. 2. 
Commencement 
SECT

  2. This Act shall come into operation on a date to be fixed by
Proclamation.*1*


See notes to first article of this CHAPTER.

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY ACT 1972 - SECT. 4. 
Collection Act to be read with this Act 
SECT

  4. The Dairying Industry Research and Promotion Levy Collection Act
1972-1976 shall be read as one with this Act.

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY ACT 1972 - SECT. 5. 
Interpretation 
SECT

  5. (1) In this Act, unless the contrary intention appears-

  "Committee" means the Australian Dairy Research Committee established by the
Dairying Research Act 1972;

  "milk" means the lacteal fluid product of the cow;

  "producer", in relation to any whole milk, means the person who, at the time
when the whole milk was produced, was the owner of the cow that produced it
or, if, at that time, a person other than the owner of the cow was entitled to
obtain the whole milk from the cow, that other person.


  (2) For the purposes of this Act and of the Dairying Industry Research and
Promotion Levy Collection Act 1972-1976, where whole milk or butter fat
produced by a person is not sold by the producer but vests in another person
by operation of law, the whole milk or butter fat, as the case may be, shall
be deemed to have been sold by the producer to that other person at the time
it so vests, and that other person shall be deemed to have purchased the whole
milk or butter fat, as the case may be, from the producer at that time.


  (3) For the purposes of this Act and of the Dairying Industry Research and
Promotion Levy Collection Act 1972, where whole milk or butter fat produced by
a person is, after the commencement of this sub-section, supplied by the
producer to another person for disposal or processing by that other person,
but the milk or butter fat is not sold by the producer to that other person or
any other person at or before the time it is so supplied-

  (a)  the whole milk or butter fat, as the case may be, shall be deemed to
have been sold by the producer to that other person at the time it is so
supplied and that other person shall be deemed to have purchased the whole
milk or butter fat, as the case may be, from the producer at that time; and

  (b)  any sale of the whole milk or butter fat, as the case may be, by or on
behalf of the producer (including a sale to that other person) after it is so
supplied shall be disregarded.

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY ACT 1972 - SECT. 6. 
Imposition of levy 
SECT

                         PART  II-LEVY  ON  WHOLE  MILK

  6. Subject to this Part, a levy is imposed on whole milk produced in
Australia and sold by the producer.

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY ACT 1972 - SECT. 7. 
Amount of levy 
SECT

  7. The amount of levy imposed by section 6 on whole milk is the sum of-

  (a)  an amount calculated at such rate per 100 litres of whole milk as is
from time to time prescribed for the purposes of this paragraph, being a rate
that does not exceed 1.2 cents per 100 litres;

  (b)  an amount calculated at such rate per 100 litres of whole milk as is
from time to time prescribed for the purposes of this paragraph, being a rate
that does not exceed 12 cents per 100 litres; and

  (c)  an amount calculated at such rate per 100 litres of whole milk as is
from time to time prescribed for the purposes of this paragraph, being a rate
that does not exceed 6 cents per 100 litres.

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY ACT 1972 - SECT. 8. 
By whom levy payable 
SECT

  8. The producer of any whole milk is liable to pay the levy on that whole
milk.

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY ACT 1972 - SECT. 9. 
Exemptions 
SECT

  9. (1) The regulations may-

  (a)  prescribe a period as the prescribed period, for the purposes of
sub-section (2), with respect to a sale of whole milk by the producer of the
whole milk that takes place after the end of the period; and

  (b)  prescribe a number of gallons as the maximum quantity for the purposes
of sub-section (2).


  (2) Levy is not imposed on whole milk sold by the producer of the whole milk
if-

  (a)  the whole milk is intended by the purchaser of that whole milk to be
used for human consumption; and

  (b)  the total quantity of whole milk purchased, whether from the producer
or another person, by the purchaser during the period that is the prescribed
period with respect to the sale of the first-mentioned whole milk does not
exceed the maximum quantity.


  (3) Levy is not imposed on whole milk sold by the producer of the whole milk
by retail.

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY ACT 1972 - SECT. 10. 
Imposition of levy 
SECT

                        PART  III-LEVY  ON  BUTTER  FAT

  10. Where-

  (a)  butter fat is produced in Australia from whole milk produced in
Australia;

  (b)  the producer of the butter fat is also the producer of the whole milk;
and

  (c)  the butter fat is sold by the producer,

a levy is imposed on the butter fat so produced and sold.

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY ACT 1972 - SECT. 11. 
Amount of levy 
SECT

  11. The amount of levy imposed by section 10 on butter fat is the sum of-

  (a)  an amount calculated at such rate per 100 kilograms of butter fat as is
from time to time prescribed for the purposes of this paragraph, being a rate
that does not exceed 30 cents per 100 kilograms;

  (b)  an amount calculated at such rate per 100 kilograms of butter fat as is
from time to time prescribed for the purposes of this paragraph, being a rate
that does not exceed $3 per 100 kilograms; and

  (c)  an amount calculated at such rate per 100 kilograms of butter fat as is
from time to time prescribed for the purposes of this paragraph, being a rate
that does not exceed $1.50 per 100 kilograms.

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY ACT 1972 - SECT. 12. 
By whom levy payable 
SECT

  12. The producer of any butter fat is liable to pay the levy on that butter
fat.

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY ACT 1972 - SECT. 13. 
Regulations 
SECT

                              PART  IV-REGULATIONS

  13. (1) The Governor-General may make regulations, not inconsistent with
this Act, prescribing all matters required or permitted by this Act to be
prescribed or necessary or convenient to be prescribed for carrying out or
giving effect to this Act.


  (2) Before making regulations prescribing a rate for the purposes of
paragraph 7 (a) or 11 (a), the Governor-General shall take into consideration
any recommendation with respect to the rate made to the Minister by the
Committee, and regulations shall not be made prescribing such a rate higher
than the rate recommended, or last recommended, by the Committee to the
Minister.


  (3) Before making regulations prescribing a rate for the purposes of
paragraph 7 (b), 7 (c), 11 (b) or 11 (c), the Governor-General shall take into
consideration any recommendation with respect to the rate made to the Minister
by the Australian Dairy Corporation.


  (4) Before the Australian Dairy Corporation makes any recommendation for the
purposes of sub-section (3), the Corporation shall consult with the Australian
Dairy Farmers' Federation and any other organization that the Minister
requests the Corporation to consult with.


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