Butter Fat Levy (Amounts of Levy) Regulations (Amendment)

Overview

The Butter Fat Levy Regulations 1966 were enacted to address the need for precise regulation of the levy on butter fat, as stipulated by the Butter Fat Levy Act 1965. The Act itself provides a framework for the imposition of a levy on butter fat, which is to be composed of sums prescribed under specific subsections. In line with the legislative process, these regulations were made following recommendations from the Australian Dairy Produce Board, which had considered advice from the Dairy Produce Research Committee. Enacted by the Governor-General, these regulations aimed to implement the prescribed levy amounts, ensuring compliance with the legislative mandate and reflecting the considered recommendations of the relevant industry boards. The regulations came into effect on 14 February 1966, providing a clear operational framework for the enforcement of the butter fat levy as directed by the Act.

Scope and Application

The Butter Fat Levy (Amounts of Levy) Regulations 1966 are a legislative instrument designed to implement the provisions of the Butter Fat Levy Act 1965. These regulations apply to entities involved in the production and sale of butter fat within the Commonwealth of Australia. The regulations establish the specific levy amounts for each hundredweight of butter fat, which are broken down into three distinct categories: 8 cents, 22 cents, and 20 cents. The act and its subordinate regulations are part of the broader legislative framework governing the dairy industry in Australia, ensuring that levies are applied consistently and transparently. The regulations come into effect on 14 February 1966, and they are made under the authority of the Governor-General, with the advice of the Federal Executive Council, following recommendations from the Australian Dairy Produce Board and the Dairy Produce Research Committee. These regulations do not explicitly exclude any entities or transactions from their application, but rather apply broadly to all entities involved in the production and sale of butter fat within the Commonwealth.

Key Provisions

The primary operative sections of these Regulations (section 2) are designed to update the levy amounts for butter fat as prescribed under the Butter Fat Levy Act 1965. Specifically, section 3(1) establishes that the amount for each hundredweight of butter fat for the purposes of paragraph (a) of subsection (1) of section 6 of the Act is 8 cents. Section 3(2) stipulates that the amount for each hundredweight of butter fat for the purposes of paragraph (b) of the same subsection is 22 cents. Finally, section 3(3) sets the amount for each hundredweight of butter fat for the purposes of paragraph (c) of the same subsection at 20 cents. These sections effectively replace the previous regulation by repealing Regulation 3 of the Butter Fat Levy (Amounts of Levy) Regulations and inserting new amounts. The Regulations impose certain obligations and requirements on the parties governed by them. Firstly, they mandate that the Governor-General, acting on advice from the Federal Executive Council and considering recommendations from the Australian Dairy Produce Board, must make these Regulations. The Australian Dairy Produce Board, in turn, must consider recommendations from the Dairy Produce Research Committee before making its own recommendations to the Minister. This hierarchical structure ensures that multiple layers of review and recommendation are adhered to before any changes to the levy amounts are formalised. Furthermore, these Regulations must be notified in the Commonwealth Gazette and will come into operation on the fourteenth day of February, 1966, as specified in section 1. In terms of the consequences for breach, the Regulations themselves do not explicitly state offences, penalties, or specific civil or criminal consequences for non-compliance. However, the overarching Butter Fat Levy Act 1965, under which these Regulations are made, likely contains provisions that address non-compliance. Typically, failure to adhere to statutory regulations can result in penalties such as fines or other legal repercussions, depending on the severity and intent of the breach. It is essential for entities subject to these Regulations to ensure they comply with the prescribed levy amounts to avoid any potential penalties or legal actions that may arise from non-compliance with the Act.