STATUTORY RULES
1967 No. 85
REGULATIONS UNDER THE BUTTERFAT LEVY ACT 1965-1966*
WHEREAS it is provided by 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 sub-section (1.) of section 6 of that Act:
AND WHEREAS it is also provided by 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 made to the Minister with respect to that amount 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 (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 after taking 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 twenty second day of June, 1967.
CASEY
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, 1967.
Registered amount of levy in butter fat.
2. Regulation 3 of the Butter Fat Levy (Amounts of Levy) Regulations is amended by omitting from sub-regulation (3.) the figure and word “20 cents” and inserting in their stead the figure and word “21 cents”.
* Notified in the Commonwealth Gazette on , 1967,
† Statutory Rules 1965 No. 84 as amended by Statutory Rules 1966, Nos. 9 and 102.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra
7874/67—Price 5c. 9/6.6.1967
Overview
The Statutory Rules 1967 No. 85, the Regulations under the Butter Fat Levy Act 1965-1966, were introduced to address the need for adjustments in the prescribed levy amounts for butter fat as stipulated in section 6 of the Act. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, these Regulations respond to a recommendation made by the Australian Dairy Produce Board. The policy objective, as embedded in the Act, is to ensure that the levy amounts are periodically reviewed and adjusted to reflect current economic and market conditions, thus maintaining the financial sustainability and effectiveness of the levy system for butter fat. This legislative instrument underscores the importance of considering industry recommendations in the formulation of regulatory measures to support the dairy industry.
Scope and Application
The Butter Fat Levy Regulations 1967 apply to entities involved in the production, processing, or distribution of butter fat within Australia. These regulations implement the provisions of the Butter Fat Levy Act 1965-1966, specifically addressing the amount of levy to be imposed on butter fat. The scope of these regulations encompasses the entire Commonwealth of Australia, thus applying uniformly across all states and territories. The regulations stipulate that the levy amount for butter fat is to be adjusted from 20 cents to 21 cents, as recommended by the Australian Dairy Produce Board and considered by the Minister. These regulations came into effect on the first of July, 1967, and any changes or further specifications to the levy amounts are to be made through subordinate instruments, following the same legislative process outlined in the primary Act.
Key Provisions
The primary operative section of the Statutory Rules 1967 No. 85 is Section 2, which specifies the amendment to the Butter Fat Levy (Amounts of Levy) Regulations. According to this section, Regulation 3 of the aforementioned Regulations is amended by changing the levy amount from 20 cents to 21 cents per unit of butter fat. This change will come into effect on 1 July 1967, as stipulated in Section 1 of the Statutory Rules 1967 No. 85.
The obligations imposed by these regulations are primarily on the Australian Dairy Produce Board and those who are required to pay the levy on butter fat. The Board is tasked with making recommendations to the Minister regarding the amount of the levy, which is then considered by the Governor-General before the regulations are made. The levy payers, such as dairy producers and processors, must ensure that they comply with the updated levy amount when making their payments.
There are no explicit offences, penalties, or civil or criminal consequences detailed in these regulations for failing to comply with the new levy amount. However, non-compliance with the requirements of the Butter Fat Levy Act 1965-1966 or its associated regulations could potentially lead to legal action or penalties as prescribed by the broader legislation. The maximum penalties for non-compliance would be determined by the Act itself, rather than these specific regulations.