STATUTORY RULES
1965 No. 84
REGULATIONS UNDER THE BUTTER FAT LEVY ACT 1965.*
WHEREAS it is provided by the Butter Fat Levy Act 1965 that the amount of levy in respect of any butter fat shall consist of the sum of the amounts 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 any 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 the amount made to the Minister by the Australian Dairy Produce Board constituted under the Dairy Produce Export Control Act 1924-1965:
And whereas it is also provided by the Butter Fat Levy Act 1965 that, before making a recommendation to the Minister with respect to an amount to be prescribed for the purposes of paragraph (a) of sub-section (1.) of section 6 of that Act, the Australian Dairy Produce Board shall take into consideration any recommendation with respect to the amount submitted to the Board by the Dairy Produce Research Committee holding office under the Dairy Produce Research and Sales Promotion Act 1958-1965:
And whereas the Australian Dairy Produce Board, having taken into consideration a recommendation made to it by the Dairy Produce Research Committee, has made recommendations to the Minister with respect to the amounts to be prescribed for the purposes of section 6 of the Butter Fat Levy Act 1965:
And whereas it is provided by section 16a of the Acts Interpretation Act 1901-1964 that, where, in an Act, the Governor-General is referred to, the reference shall, unless the contrary intention appears, be deemed to include the person for the time being administering the Government of the Commonwealth and shall, unless the contrary intention appears, be read as referring to a person so deemed to be included in the reference acting with the advice of the Federal Executive Council:
Now therefore I, the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and having taken into consideration the recommendations made by the Australian Dairy Produce Board, hereby make the following regulations under the Butter Fat Levy Act 1965.
Dated this 25th day of June, 1965.
HENRY ABEL SMITH
Administrator.
By His Excellency’s Command,
(sgd.) C.F. ADERMANN
Minister of State for Primary Industry.
* Notified in the Commonwealth Gazette on , 1965
6937/65.—Price 6d. 9/16.6.1965
BUTTER FAT LEVY (AMOUNTS OF LEVY) REGULATIONS
Short title.
1. These Regulations may be cited as the Butter Fat Levy (Amounts of Levy) Regulations.
Definition.
2. In these Regulations, “the Act” means the Butter Fat Levy Act 1965
Prescribed amounts of levy on butter fat.
3.—(1.) For the purposes of paragraph (a) of sub-section (1.) of section 6 of the Act, the amount for each hundredweight of butter fat is 9.5 pence.
(2.) For the purposes of paragraph (b) of sub-section (1.) of section 6 of the Act, the amount for each hundredweight of butter fat is 26.5 pence.
(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 pence.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra
Overview
The Butter Fat Levy (Amounts of Levy) Regulations 1965, under the Butter Fat Levy Act 1965, were introduced to formalise the levy amounts for butter fat as stipulated in the Act. Enacted by the Administrator of the Government of the Commonwealth of Australia, these regulations were made with the advice of the Federal Executive Council and followed recommendations from the Australian Dairy Produce Board. This legislation aimed to address the need for clear and prescribed levy amounts for butter fat, ensuring consistency and compliance with the provisions outlined in the Butter Fat Levy Act. The primary objective was to provide a structured approach to levy imposition on butter fat, facilitating efficient administration and enforcement of the levy as intended by the Act.
Scope and Application
The Butter Fat Levy (Amounts of Levy) Regulations, made under the authority of the Butter Fat Levy Act 1965, pertain to the imposition of a levy on butter fat. This legislation applies to entities involved in the production and processing of butter fat within the Commonwealth of Australia. The Regulations specify the prescribed amounts of levy applicable to each hundredweight of butter fat, with the total levy amount consisting of the sum of three distinct components. The regulatory framework requires that any recommendations concerning the prescribed amounts are to be made by the Australian Dairy Produce Board, taking into consideration submissions from the Dairy Produce Research Committee, and subsequently considered by the Minister before being formally approved by the Governor-General, who acts with the advice of the Federal Executive Council. The scope of these Regulations is confined to the national level, impacting all relevant stakeholders across the country. There are no stated exclusions or exemptions within the text of these Regulations, which are designed to ensure compliance with the overarching legislative intent of the Butter Fat Levy Act 1965.
Key Provisions
The main operative sections of these Regulations under the Butter Fat Levy Act 1965 are sections 3(1), 3(2), and 3(3) which prescribe the amounts of levy on butter fat as 9.5 pence, 26.5 pence, and 24 pence respectively for each hundredweight of butter fat. These provisions are intended to ensure the levy amounts are set in accordance with the recommendations from the Australian Dairy Produce Board and the Dairy Produce Research Committee as required by the Act.
The Regulations impose specific obligations and requirements on the parties and entities they govern. For instance, those involved in the production, sale, or export of butter fat must adhere to the prescribed levy amounts as detailed in sections 3(1), 3(2), and 3(3). This includes accurately calculating and paying the specified levy for each hundredweight of butter fat. Additionally, the Australian Dairy Produce Board is required to consider recommendations from the Dairy Produce Research Committee when making its recommendations to the Minister. The Governor-General, in turn, must take these recommendations into account when making the final regulations.
Breaches of these Regulations can result in both civil and criminal consequences. While the specific penalties are not detailed within the Regulations themselves, under the Butter Fat Levy Act 1965, penalties for non-compliance could include fines. The maximum penalties, however, would be outlined in the primary Act or other relevant legislation. It is crucial for those subject to these Regulations to ensure compliance to avoid any legal repercussions.