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

Overview

The Statutory Rules 1970 No. 108 under the Butter Fat Levy Act 1965-1966 were enacted to address the need to adjust the prescribed amounts of levy on butter fat, specifically in response to a recommendation from the Australian Dairy Produce Board. The regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council, following a recommendation from the Australian Dairy Produce Board regarding the levy amount for butter fat under section 6(1)(c) of the Act. This legislative instrument was designed to ensure that the prescribed levy amounts align with the recommendations of the relevant industry board, thereby maintaining a balance in the regulatory framework governing the butter fat industry. The overarching policy objective is to adjust the levy to reflect current market conditions and industry advice, ensuring the ongoing effectiveness and fairness of the regulatory scheme.

Scope and Application

The Butter Fat Levy Regulations 1970, made under the authority of the Butter Fat Levy Act 1965-1966, apply to the levy on butter fat within the Commonwealth of Australia. The Act and its accompanying regulations primarily target entities involved in the production, processing, or sale of butter fat, ensuring compliance with prescribed levy amounts. These regulations specify the amount of levy to be applied per hundredweight of butter fat, reflecting recommendations from the Australian Dairy Produce Board and considerations by the Minister of State for Primary Industry. The regulations' geographic reach is nationwide, affecting all relevant entities operating within Australia. There are no stated exclusions or exemptions within the text provided, although the Act may include provisions elsewhere. The application of the Act is further extended or restricted through subordinate instruments, such as these regulations, which are designed to adapt the levy amounts to current economic conditions or industry standards.

Key Provisions

The principal operative sections of the Statutory Rules 1970 No. 108 under the Butter Fat Levy Act 1965-1966 concern the amendment of the amount of levy prescribed for butter fat. Specifically, section 2 of the regulations amends Regulation 3 of the Butter Fat Levy (Amounts of Levy) Regulations by replacing the existing sub-regulation (3) with a new sub-regulation that sets the amount of levy for each hundredweight of butter fat at 23 cents (section 2(3)). These regulations come into operation on the first day of September, 1970 (section 1). These regulations impose specific obligations on entities involved in the handling or processing of butter fat. Firstly, the Australian Dairy Produce Board is required to make a recommendation to the Minister of State for Primary Industry regarding the prescribed amount of levy on butter fat, as stipulated by section 10(2) of the Butter Fat Levy Act 1965-1966. The Minister, in turn, must consider this recommendation when making regulations under the Act. Additionally, any party involved in the butter fat industry must comply with the new levy amount as prescribed by these regulations, ensuring that the correct amount of levy is paid for each hundredweight of butter fat processed or handled. The regulations do not explicitly outline specific offences or penalties for non-compliance. However, any breach of the requirements under the Butter Fat Levy Act 1965-1966 could result in civil or criminal consequences depending on the nature and severity of the breach. Typically, under the Act, failure to comply with the prescribed levy could be considered an offence, potentially attracting fines or other penalties as stipulated by the primary Act. While the exact penalties are not detailed in these regulations, they would generally align with the enforcement mechanisms and penalties outlined in the principal Act.