Dairying Industry Research and Promotion Levy Collection Regulations (Cth)

Statutory Rules

1976 No. 147

REGULATIONS UNDER THE DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY COLLECTION ACT 1972-1976.*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Dairying Industry Research and Promotion Levy Collection Act 1972-1976.

Dated this twenty-seventh day of July, 1976.

John R. Kerr

Governor-General.

By His Excellency’s Command,

Minister of State for Primary Industry.

 

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY COLLECTION REGULATIONS

Citation.

1. These Regulations may be cited as the Dairying Industry Research and Promotion Levy Collection Regulations.

Commencement.

2. These Regulations shall come into operation on 1 August 1976.

Repeal.

3. The Dairying Research Levy Collection Regulations, being Statutory Rules 1972, No. 113, are repealed.

Interpretation.

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

(a) a reference to a person who purchases whole milk or butter fat shall be read as a reference to a person who purchases from the producer whole milk or butter fat on which levy is imposed; and

(b) a reference to an authorized agent shall be read as a reference to a person appointed under regulation 7 to be an authorized agent.

Manner of payment of levy.

5. (1) Payment of levy or other amounts payable to the Commonwealth under the Dairying Industry Research and Promotion Levy Collection Act 1972-1976 in respect of whole milk or butter fat purchased in a State shall be made at the office of the Department of Primary Industry in the capital city of that State.

*Notified in the Australian Government Gazette on 23 July 1976.

13861/76—Recommended retail price 15c  12/21.7.1976

 

(2) Payment of levy or other amounts payable to the Commonwealth under the Dairying Industry Research and Promotion Levy Collection Act 1972-1976 in respect of whole milk or butter fat purchased in an internal Territory shall be made at the office of the Department of Primary Industry in Canberra.

Returns.

6. (1) A person who has. in any month, purchased whole milk or butter fat shall, on or before the twenty-eighth day of the next succeeding month, furnish to the Secretary a return containing the following information with respect to the whole milk or butter fat so purchased:—

(a) the full name and address of the person;

(b) the month in which the person purchased the whole milk or butter fat;

(c) the quantity of the whole milk purchased;

(d) the quantity of the butter fat purchased;

(e) the levy payable in respect of the whole milk purchased;

(f) the levy payable in respect of the butter fat purchased.

(2) A return with respect to whole milk or butter fat purchased by a person shall contain a declaration that the information furnished in the return is true and correct in every particular, and the declaration shall be signed by the person or an authorized agent of the person.

(3) A return with respect to whole milk or butter fat purchased by a person shall be furnished to the Secretary by lodging it—

(a) where the whole milk or butter fat was purchased in a State—at the office of the Department of Primary Industry in the capital city of that State; or

(b) where the whole milk or butter fat was purchased in an internal Territory—at the office of the Department of Primary Industry in Canberra.

Authorized agent.

7. (1)Where a person has purchased, or proposes to purchase, whole milk or butter fat, the person may appoint a person to be his authorized agent for the purpose of executing on his behalf the declaration contained in the return with respect to the whole milk or butter fat purchased.

(2) The appointment of an authorized agent with respect to whole milk or butter fat purchased, or proposed to be purchased, by a person—

(a) shall be substantially in accordance with the Form in the Schedule;

(b) shall be signed by the person and the authorized agent; and

(c) shall be lodged—

(i) where the appointment is with respect to whole milk or butter fat purchased, or proposed to be purchased, in a State—at the office of the Department of Primary Industry in that State; or

(ii) where the appointment is with respect to whole milk or butter fat purchased, or proposed to be purchased, in an internal Territory—at the office of the Department of Primary Industry in Canberra.

Execution of documents by a company.

8. Where these Regulations provide that a declaration or appointment shall be signed by a person and that person is a company, the declaration or appointment may be signed on behalf of the company by a director or the secretary of the company.

Records to be kept.

9. A person who has purchased whole milk or butter fat shall keep proper records with respect to the whole milk or butter fat purchased, being records that show, in respect of each month, the quantity of whole milk and butter fat purchased by the person during that month.

Penalty: $200.

 

SCHEDULE Regulation 7

Form of Appointment of Authorized Agent

Commonwealth of Australia

Dairying Industry Research and Promotion Levy Collection Regulations

APPOINTMENT OF AUTHORIZED AGENT

To the Secretary to the Department of Primary Industry.

I (or We), (full name and address of purchaser),hereby appoint—

(full name(s), address(es) and occupation(s) of authorized agent(s))

(a) specimen(s) of whose signature(s) appear(s) below, to be my (or our) authorized agent(s) for the purpose of executing on my (or our) behalf the declaration contained in any return required to be furnished under the Dairying Industry Research and Promotion Levy Collection Regulations with respect to the purchase of whole milk or butter fat.

Dated at

this day of , 19 .

(Signature of person appointing authorized agent(s), or, where the person is a company, the signature of a director or the secretary of the company and his designation)

Dated at

this day of , 19 .

(Signature(s) of authorized agent(s))

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