STATUTORY RULES
1970 No. 75
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 also provided by sub-section (2.) of section 10 of that Act that, before making regulations prescribing an amount for the purposes of section 6 of that Act, the Governor-General shall take into consideration any recommendations with respect to that amount made to the Minister 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 with respect to the amount to be prescribed for the purposes of paragraph (b) 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 by the Australian Dairy Produce Board, hereby make the following regulations under the Butter Fat Levy Act 1965-1966.
Dated this second day of June, 1970.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
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 July, 1970.
Prescribed amount of levy on butter fat.
2. Regulation 3 of the Butter Fat Levy (Amounts of Levy) Regulations is amended by omitting from sub-regulation (2.) the figures and word “22 cents” and inserting in their stead the figures and word “24 cents”.
* Notified in the Commonwealth Gazette on 11th June, 1970.
† Statutory Rules 1965, No. 84 as amended by Statutory Rules 1966, Nos. 9 and 102; and 1967, No. 85.
Printed by Authority by the Government Printer of the Commonwealth of Australia
Overview
Statutory Rules 1970 No. 75, enacted under the Butter Fat Levy Act 1965–1966, was introduced to establish and amend the amount of levy on butter fat as recommended by the Australian Dairy Produce Board. This legislation was enacted by the Governor-General in accordance with the advice of the Federal Executive Council, taking into consideration the Board's recommendations. The primary objective of these regulations is to ensure that the levy prescribed for butter fat aligns with the recommendations made by the Australian Dairy Produce Board, thereby facilitating the effective administration of the levy as stipulated under the Act. These regulations came into operation on 1 July 1970, amending the previously set levy amount from 22 cents to 24 cents, as per the Board's advice.
Scope and Application
The Butter Fat Levy (Amounts of Levy) Regulations 1970 are made under the authority of the Butter Fat Levy Act 1965–1966, applying across the Commonwealth of Australia to entities involved in the production, processing, or sale of butter fat. These regulations specifically pertain to the levy imposed on butter fat, adjusting the prescribed amount of the levy as recommended by the Australian Dairy Produce Board and considered by the Governor-General. The scope of these regulations impacts all entities that are subject to the levy on butter fat, including dairy producers, processors, and possibly exporters within the Australian dairy industry. The regulations amend the previously established levy amount from 22 cents to 24 cents per unit of butter fat, effective from the first of July 1970. These regulations do not explicitly state exclusions or exemptions but implicitly apply to all entities engaged in activities involving butter fat within the Australian jurisdiction. Additionally, the Act allows for further amendments through subordinate instruments, enabling flexibility in adjusting the levy amount in response to changing economic or industry conditions.
Key Provisions
The primary operative sections of these regulations under the Butter Fat Levy Act 1965–1966 are sections 1 and 2. Section 1 establishes that the regulations will come into operation on the first day of July 1970. Section 2 amends Regulation 3 of the Butter Fat Levy (Amounts of Levy) Regulations by changing the prescribed amount of the levy on butter fat from 22 cents to 24 cents. This change adjusts the financial burden on entities involved in the production or processing of butter fat, aligning it with the recommendations made by the Australian Dairy Produce Board.
These regulations impose specific obligations on entities involved in the production, processing, or sale of butter fat. They must ensure that the updated levy amount of 24 cents is correctly applied and accounted for in their transactions involving butter fat. This includes accurately reporting the levy to relevant authorities and ensuring that the levy is collected and remitted in accordance with the Act.
The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within these regulations. However, under the broader framework of the Butter Fat Levy Act 1965–1966, there may be provisions for penalties associated with non-compliance with the Act's requirements, including the failure to accurately report and remit the levy. The precise nature of these consequences would need to be examined within the full context of the Act itself. The regulations serve to ensure that the updated levy amount is properly implemented, thereby maintaining compliance with the legislative requirements governing the butter fat industry.