STATUTORY RULES
1971 No.
REGULATIONS UNDER THE BUTTER FAT LEVY ACT 1965-1966.*
WHEREAS it is provided by sub-section (1.) of section 6 of the Butter Fat Levy Act 1965-1966 that the amount of levy in respect of any butter fat shall consist of the sum of such amounts as are from time to time prescribed for the purposes of paragraphs (a), (b) and (c) of that sub-section:
AND WHEREAS it is provided by sub-section (3.) of that section that the amount prescribed for the purposes of paragraph (b) or paragraph (c) of subsection (1.) of that section shall not exceed Twenty-four cents:
AND WHEREAS it is provided by sub-section (2.) of section 10 of that Act that, before making regulations under that section prescribing an amount for the purposes of section 6 of that Act, the Governor-General shall take into consideration any recommendation with respect to the amount made to the Minister of State for Primary Industry by the Australian Dairy Produce Board constituted under the Dairy Produce Export Control Act 1924-1966:
AND WHEREAS the Australian Dairy Produce Board has made a recommendation to the Minister of State for Primary Industry with respect to the amount to be prescribed for the purposes of paragraph (c) of sub-section (1.) of section 6 of the Butter Fat Levy Act 1965-1966:
NOW THEREFORE I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council and having taken into consideration the recommendation made to the Minister of State for Primary Industry by the Australian Dairy Produce Board with respect to the amount to be prescribed for the purposes of paragraph (c) of sub-section (1.) of section 6 of the Butter Fat Levy Act 1965-1966, hereby make the following Regulations under the Butter Fat Levy Act 1965-1966.
Dated this fourteenth day of September, 1971.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
(SGD) IAN SINCLAIR
Minister of State for Primary Industry.
Amendment of the Butter Fat Levy (Amounts of Levy) Regulations†
Commencement.
1. These Regulations shall come into operation on the first day of October, 1971.
Prescribed amounts of levy on butter fat.
2. Regulation 3 of the Butter Fat Levy (Amounts of Levy) Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—
“(3.) For the purposes of paragraph (c) of sub-section (1.) of section 6 of the Act, the amount for each hundredweight of butter fat is 24 cents.”.
* Notified in the Commonwealth Gazette on 1971.
† Statutory Rules 1965, No. 84, as amended by Statutory Rules 1966, Nos. 9 and 102; 1967, No. 85; and 1970, Nos. 75 and 108.
Printed by Authority by the Government Printer of the Commonwealth of Australia
18704/71—Price 5c 10/13.8.1971
Overview
The Statutory Rules 1971 No. 128, enacted under the Butter Fat Levy Act 1965-1966, addresses the need to revise the amounts prescribed for the levy on butter fat. This legislative instrument was made by the Governor-General in accordance with the advice of the Federal Executive Council and after considering the recommendation from the Australian Dairy Produce Board. The policy objective of these regulations is to ensure that the levy amounts are updated to reflect the current economic and industry conditions as recommended by the relevant industry board. This adjustment is crucial for maintaining fair and effective regulation within the dairy industry, ensuring that the prescribed levy amounts align with the operational and financial requirements of the sector.
Scope and Application
The Butter Fat Levy (Amounts of Levy) Regulations 1971, made under the Butter Fat Levy Act 1965-1966, applies to entities involved in the processing or production of butter fat within the Commonwealth of Australia. The Regulations specifically dictate the amount of levy to be imposed on butter fat, thereby impacting the financial obligations of these entities. The geographic scope of these Regulations is national, as they pertain to the entire Commonwealth. The Regulations are silent on exclusions, exemptions, or thresholds beyond the specified levy amount of 24 cents for each hundredweight of butter fat. The Act allows for the extension or restriction of application through subordinate instruments, as evidenced by these Regulations, which amend the previous levy amounts to reflect the latest recommendations from the Australian Dairy Produce Board. This legislative framework ensures a standardised approach to levy imposition across the Commonwealth, maintaining consistency in the financial burden on entities involved in the butter fat industry.
Key Provisions
The main operative sections of these Regulations under the Butter Fat Levy Act 1965-1966 include the amendment of Regulation 3 of the Butter Fat Levy (Amounts of Levy) Regulations, specifically sub-regulation (3) (section 2). The amendment sets the prescribed amount for each hundredweight of butter fat at 24 cents, aligning with the provision in sub-section (3) of section 6 of the primary Act, which states that the amount shall not exceed this figure. This regulation is intended to ensure compliance with the legislative framework governing the levy on butter fat and the recommendations made by the Australian Dairy Produce Board.
These Regulations impose specific obligations on parties involved in the trade and production of butter fat. For instance, they require that the levy amount be strictly adhered to, as mandated by the statutory provision. Entities involved in the production or trade of butter fat must ensure that the correct levy is calculated and paid according to the prescribed amount. This includes producers, processors, and any other relevant stakeholders who must comply with the updated levy amount stipulated in the Regulations.
Any failure to comply with the prescribed levy amount may result in legal consequences. While the primary Act does not explicitly outline penalties for non-compliance within the statutory rules provided, breaches of statutory provisions can often lead to fines or other civil penalties under general administrative law principles. Additionally, persistent or willful non-compliance could potentially lead to criminal charges if the breach is severe enough to meet the criteria for criminal offences, though such cases would be assessed on an individual basis. The exact nature and severity of penalties would depend on the specific circumstances and the discretion of the courts.