| C2004C06184 | PROCESSED MILK PRODUCTS BOUNTY ACT 1962 [Note: This Act is "repealed" by Act No. 61 of 1981]
(#DATE 26:05:1972)
Compilation Information
- Reprinted as at 26 May 1972
PROCESSED MILK PRODUCTS BOUNTY ACT 1962-1972 - TABLE OF PROVISIONS
TABLE
PROCESSED MILK PRODUCTS BOUNTY ACT 1962-1972
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Definitions
4. Specification of bounty
5. Rate of bounty
6. Limit of bounty
7. Interim rates of bounty
8. To whom bounty payable
9. Inspection of books and accounts
10. Offences
11. Regulations
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PROCESSED MILK PRODUCTS BOUNTY ACT 1962-1972 - SECT. 1.
Short title.
SECT
Processed Milk Products.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Processed Milk Products Bounty Act
1962-1972.*
PROCESSED MILK PRODUCTS BOUNTY ACT 1962-1972 - SECT. 2.
Commencement.
SECT
2. This Act shall come into operation on the first day of July, One thousand
nine hundred and sixty-two.
PROCESSED MILK PRODUCTS BOUNTY ACT 1962-1972 - SECT. 3.
Definitions.
SECT
Amended by No. 16, 1963, s. 2; No. 39, 1964, s. 2; No. 47, 1965, s. 3; No. 24,
1967, s. 2; No. 92, 1970, s. 3; and No. 36, 1972, s. 3.
3. In this Act, unless the contrary intention appears-
''bounty'' means bounty under this Act;
''casein'' means casein produced from-
(a) skimmed cows' milk;
(b) buttermilk; or
(c) a mixture of skimmed cows' milk and buttermilk,
and includes caseinates and co-precipitates of milk protein;
''dried milk product'' means-
(a) a powdered product obtained by drying-
(i) skimmed cows' milk;
(ii) buttermilk; or
(iii) a mixture of skimmed cows' milk and buttermilk;
(b) a mixture of powdered products so obtained; or
(c) a mixture of-
(i) a dried milk product referred to in paragraph (a) or (b) of this
definition; and
(ii) another substance or other substances,
where the weight of the dried milk product so referred to is not less
than eighty per centum of the weight of the mixture,
but does not include casein;
''processed milk product'' means a product produced in Australia wholly or
partly from cows' milk, or from a substance or substances derived from cows'
milk, being-
(a) a product containing butter fat;
(b) a dried milk product; or
(c) casein,
but does not include-
(d) butter;
(e) cheese;
(f) a product that is a butter fat product within the meaning of the
Dairying Industry Act 1962-1970; or
(g) a product, other than a dried milk product or casein, produced from
skimmed cows' milk, buttermilk or whey;
''year to which this Act applies'' means the year commencing on the first
day of July, One thousand nine hundred and sixty-five, or any of the eleven
years next succeeding that year.
PROCESSED MILK PRODUCTS BOUNTY ACT 1962-1972 - SECT. 4.
Specification of bounty.
SECT
4. (1) Subject to this Act, a bounty is payable on the export of processed
milk products.
Amended by No. 47, 1965, s. 4; and No. 92, 1970, s. 4.
(2) The bounty is payable in respect of processed milk products, other than
dried milk products or casein, exported during a year to which this Act
applies.
Inserted by No. 92, 1970, s. 4.
(2A) The bounty is payable in respect of processed milk products, being
dried milk products or casein, produced and exported during the year that
commenced on the first day of July, One thousand nine hundred and seventy.
(3) The bounty is not payable in respect of a processed milk product
produced from goods in respect of which bounty has been paid or is payable
under the Dairying Industry Act 1957 or under the Dairying Industry Act 1962.
Inserted by No. 113, 1968, s. 3.
(3A) The regulations may provide that the last preceding sub-section does
not apply in respect of a processed milk product specified in the
regulations.
Inserted by No. 113, 1968, s. 3.
(3B) Before making any regulations for the purposes of the last preceding
sub-section, the Governor-General shall take into consideration any
recommendation with respect to the application of sub-section (3) of this
section made to the Minister by the Australian Dairy Produce Board.
(4) The bounty is payable out of the Consolidated Revenue Fund, which is
appropriated accordingly.
PROCESSED MILK PRODUCTS BOUNTY ACT 1962-1972 - SECT. 5.
Rate of bounty.
SECT
Sub-section (1) amended by No. 47, 1965, s. 5; No. 48, 1970, s. 3; and No. 92,
1970, s. 5.
5. (1) The rate of the bounty in respect of any processed milk product,
other than any dried milk product or casein, exported during a year to which
this Act applies shall be ascertained in accordance with the
ab formula -- , where-
c
a is the number of pounds of butter fat in the processed milk product;
and
b and c have the same respective values as the symbols b and c in the
formula set out in sub-section (1) or (2), as the case may be, of section 6 of
the Dairying Industry Act 1962-1970 have in relation to bounty under that Act
in respect of butter produced during that year.
Added by No. 92, 1970, s. 5.
(2) The rate of the bounty in respect of any dried milk product or casein
produced and exported during the year that commenced on the first day of July,
One thousand nine hundred and seventy, shall be
ab ascertained in accordance with
the formula -- , where-
c
a is a number equal to the number of pounds of the dried milk product or
casein;
b is-
(a) in the case of any dried milk product-One million eight hundred and
four thousand dollars; and
(b) in the case of any casein-One million five hundred and seventy-five
thousand dollars; and
c is-
(a) in the case of any dried milk product-a number equal to the number
of pounds of the total quantity of dried milk products produced and exported
during that year; and
(b) in the case of any casein-a number equal to the number of pounds of
the total quantity of casein produced and exported during that year.
Added by No. 92, 1970, s. 5.
(3) For the purposes of the last preceding sub-section, the weight of any
quantity of a dried milk product that is a mixture containing a substance that
is not itself a dried milk product shall be deemed to be the weight of that
quantity, less the weight of that substance.
PROCESSED MILK PRODUCTS BOUNTY ACT 1962-1972 - SECT. 6.
Limit of bounty.
SECT
Substituted by No. 39, 1964, s. 3.
Sub-section (1) substituted by No. 47, 1965, s. 6; amended by No. 93, 1966, s.
3; and No. 92, 1970, s. 6.
6. (1) The amount available for payment of the bounty in respect of
processed milk products, other than dried milk products or casein, exported
during a year to which this Act applies is Eight hundred thousand dollars.
Amended by No. 47, 1965, s. 6; and No. 92, 1970, s. 6.
(2) Where the amount available for the payment of bounty in respect of
processed milk products, other than dried milk products or casein, exported
during a year to which this Act applies is insufficient for the payment in
full of all valid claims, the bounty otherwise payable in respect of each of
those claims shall be reduced to an amount that bears the same proportion to
the amount of the claim as the amount so available bears to the total amount
of all such claims.
Amended by No. 47, 1965, s. 6; and No. 92, 1970, s. 6.
(3) If the Minister is of the opinion that the amount available for the
payment of bounty in respect of processed milk products, other than dried milk
products or casein, exported during a year to which this Act applies will be
insufficient for the payment in full of all valid claims, he may withhold
payment of the whole or any part of the bounty otherwise payable upon any such
claim until he has ascertained the total amount of all such claims.
PROCESSED MILK PRODUCTS BOUNTY ACT 1962-1972 - SECT. 7.
Interim rates of bounty.
SECT
Sub-section (1) amended by No. 39, 1964, s. 4; No. 47, 1965, s. 7; and No. 92,
1970, s. 7.
7. (1) The Minister shall, from time to time during a year to which this Act
applies, determine interim rates of bounty in respect of processed milk
products, other than dried milk products or casein, exported during that year,
having regard to-
(a) estimates made by him from time to time, after consultation with The
Processed Milk Manufacturers Association of Australia Limited, of the quantity
of butter fat that will be contained in such processed milk products that will
be exported during that year;
(b) the amount available under the last preceding section for payment of
the bounty during that year; and
(c) the interim rates of bounty from time to time determined under the
Dairying Industry Act 1962 in respect of butter produced during that year.
Substituted by No. 92, 1970, s. 7.
(2) The Minister shall, from time to time during the period commencing on
the day on which this sub-section came into operation and ending on the
thirtieth day of June, One thousand nine hundred and seventy-one, determine
interim rates of bounty in respect of processed milk products, being dried
milk products or casein, produced and exported during the year that commenced
on the first day of July, One thousand nine hundred and seventy, having regard
to-
(a) the appropriate amount specified in sub-section (2) of section 5 of
this Act; and
(b) estimates made by him from time to time, after consultation with the
Australian Dairy Industry Council, of the quantities of such processed milk
products that will be produced and exported during that year.
Substituted by No. 92, 1970, s. 7.
(3) Amounts on account of bounty may be paid at the appropriate interim
rate.
Added by No. 92, 1970, s. 7.
(4) Where the amount, or the sum of the amounts, paid to a person in
accordance with the last preceding sub-section on account of bounty in respect
of any processed milk product exceeds the amount of the bounty that becomes
payable to that person in respect of that processed milk product, the amount
of the excess is repayable to the Commonwealth on demand in writing by or on
behalf of the Minister and, if not paid within three months after the demand,
is recoverable in a court of competent jurisdiction as a debt due to the
Commonwealth.
PROCESSED MILK PRODUCTS BOUNTY ACT 1962-1972 - SECT. 8.
To whom bounty payable.
SECT
8. Bounty is payable to the producer of the processed milk product.
PROCESSED MILK PRODUCTS BOUNTY ACT 1962-1972 - SECT. 9.
Inspection of books and accounts.
SECT
9. (1) For the purposes of this Act, a person authorized in writing by the
Minister to exercise powers under this section may, at all reasonable times-
(a) enter premises where processed milk products are produced or premises
where any books or accounts relating to the production of processed milk
products are kept; and
(b) inspect, and make copies of or take extracts from, any such books or
accounts.
Amended by No. 93, 1966, s. 3.
(2) A person shall not obstruct or hinder a person authorized to exercise
powers under this section in the exercise of those powers.
Penalty: One hundred dollars.
PROCESSED MILK PRODUCTS BOUNTY ACT 1962-1972 - SECT. 10.
Offences.
SECT
Amended by No. 93, 1966, s. 3.
10. A person shall not-
(a) obtain a payment under this Act by means of a false or misleading
statement;
(b) present to a person performing duties in relation to this Act or the
regulations a document, or make to such a person a statement, that is false or
misleading in a material particular; or
(c) furnish under the regulations a return that is false or misleading in a
material particular.
Penalty: One thousand dollars or imprisonment for twelve months.
PROCESSED MILK PRODUCTS BOUNTY ACT 1962-1972 - SECT. 11.
Regulations.
SECT
Amended by No. 93, 1966, s. 3.
11. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters which by this Act are required or permitted to be
prescribed, or which are necessary or convenient to be prescribed for carrying
out or giving effect to this Act, and, in particular, for-
(a) requiring persons to furnish returns for the purposes of this Act;
(b) providing that bounty is not to be payable, or that payment of bounty
may be withheld, where a provision of the regulations has not been complied
with; and
(c) prescribing penalties, not exceeding a fine of One hundred dollars, for
offences against the regulations.
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PROCESSED MILK PRODUCTS BOUNTY ACT 1962-1972 - NOTE
NOTE
1. The Processed Milk Products Bounty Act 1962-1972 comprises the Processed
Milk Products Bounty Act 1962 as amended by the other Acts specified in the
following table:
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Number Date of
Act and year Date of
Assent commencement
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Processed Milk Products
Bounty Act 1962 No. 47,1962 28 May 1962 1 July 1962
Processed Milk Products
Bounty Act 1963 No. 16, 1963 28 May 1963 25 June 1963
Processed Milk Products
Bounty Act 1964 No. 39, 1964 28 May 1964 25 June 1964
Processed Milk Products
Bounty Act 1965 No. 47, 1965 3 June 1965 1 July 1965
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Processed Milk Products
Bounty Act 1967 No. 24, 1967 16 May 1967 13 June 1967
Processed Milk Products
Bounty Act 1968 No. 113, 1968 2 Dec 1968 2 Dec 1968
Processed Milk Products
Bounty Act 1970 No. 48, 1970 24 June 1970 1 July 1970
Processed Milk Products
Bounty Act (No. 2) 1970 No. 92, 1970 2 Nov 1970 2 Nov 1970
Processed Milk Products
Bounty Act 1972 No. 36, 1972 26 May 1972 26 May 1972
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