Dairy Industry Stabilization Levy Amendment Act 1978

Overview

The Dairy Industry Stabilization Levy Amendment Act 1978 (No. 95 of 1978) was enacted by the Parliament of Australia with the aim of amending the Dairy Industry Stabilization Levy Act 1977. The purpose of this Act was to address specific issues and gaps within the original legislative framework. The Act came into operation on 1 July 1978, and it introduced amendments to the definitions within the Principal Act, including the definition of "fat" and "skimmilk powder." The Act also includes a provision that deems dairy products produced at one factory on behalf of another factory to have been produced at the latter factory, thereby clarifying the scope of the levy and its application within the industry. This legislative amendment was intended to ensure that the dairy industry remained stable and that levies were accurately applied according to the intended policy objectives.

Scope and Application

The Dairy Industry Stabilization Levy Amendment Act 1978 amends the Dairy Industry Stabilization Levy Act 1977, introducing specific changes to definitions and application scope within the dairy industry. This Act applies to entities involved in the production and processing of dairy products, particularly those producing skimmilk powder and milk fat, as defined in the amended legislation. The scope of the Act encompasses the entire Australian dairy industry, extending to the production of dairy products at factories on behalf of other proprietors, thereby affecting both individual and corporate entities engaged in these activities. The jurisdictional reach of this Act is national, as it is a Commonwealth Act and applies across Australia. The Act does not explicitly state exclusions or exemptions, implying that it applies broadly to all entities within the defined scope unless otherwise specified by subordinate instruments. The Act’s amendments to definitions and production processes are significant, as they potentially affect compliance and levy calculations across the industry.

Key Provisions

The Dairy Industry Stabilization Levy Amendment Act 1978 amends the Dairy Industry Stabilization Levy Act 1977 by introducing new definitions and modifying existing ones. Section 3 of the Act introduces new definitions of "fat" and "skimmilk powder" (section 4(1)), and amends the definition of "dairy products" to include scenarios where dairy products are produced at one factory on behalf of another (section 4(3)). This provides clarity on the composition and production processes of dairy products, ensuring that the levy applies accurately to the production activities defined under the Act. The obligations imposed by the Act are primarily on dairy product manufacturers and processors. Under the amended definitions, these entities must ensure that their production processes comply with the newly defined parameters. For example, if a manufacturer produces skimmilk powder, they must verify that the product meets the criteria specified in the new definition, which includes the composition and moisture content (section 4(1)(b)). Additionally, if a manufacturer produces dairy products at one factory on behalf of another, they must recognise that the products are deemed to have been produced at the factory of the proprietor who supplied the milk or its constituents (section 4(3)). Breaches of the Act can result in civil and criminal consequences. Although the Act itself does not explicitly state the penalties for non-compliance, the Principal Act may provide for penalties. Typically, non-compliance with regulations under the Principal Act could lead to fines or other penalties as determined by the relevant authorities. It is crucial for entities governed by the Act to adhere to the new definitions and requirements to avoid potential enforcement actions and financial penalties. In summary, the Dairy Industry Stabilization Levy Amendment Act 1978 introduces precise definitions for "fat" and "skimmilk powder" and modifies the definition of "dairy products" to include products produced on behalf of another factory. Entities must ensure their production processes meet these new definitions to comply with the Act. Non-compliance may lead to civil or criminal penalties, although specific penalties are not detailed in this Act but may be found in the Principal Act.