Dairy Industry Stabilization Levy Amendment Act 1983

Legislation au C2004A02783 Not in force Act

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Dairy Industry Stabilization Levy Amendment Act 1983

No. 66 of 1983

 

An Act to amend the Dairy Industry Stabilization Levy Act 1977

[Assented to 18 October 1983]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Dairy Industry Stabilization Levy Amendment Act 1983.

(2) The Dairy Industry Stabilization Levy Act 19771 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on a day to be fixed by Proclamation.

Interpretation

3. (1) Section 4 of the Principal Act is amended—

(a) by omitting from sub-section (1) the definition of “buttermilk powder” and substituting the following definition:


“‘buttermilk powder’ means—

(a) powder produced by the removal of water from buttermilk, being powder containing not less than 4.5% of fat and not more than 5% of moisture; or

(b) so much of a powder produced by the removal of water from a mixture of buttermilk and another substance or other substances, being powder containing—

(i) not less than 25% of a substance having the same composition as powder of the kind referred to in paragraph (a); and

(ii) not less than 4.5% of fat and not more than 5% of moisture,

as consists of the substance having the same composition as powder of the kind referred to in paragraph (a);”; and

(b) by omitting from sub-section (1) the definition of “whole milk powder” and substituting the following definition:

“‘whole milk powder’ means—

(a) powder produced by the removal of water from milk, being powder containing not less than 26% of fat and not more than 5% of moisture; or

(b) so much of a powder produced by the removal of water from a mixture of milk and another substance or other substances, being powder containing—

(i) not less than 25% of a substance having the same composition as powder of the kind referred to in paragraph (a); and

(ii) not less than 26% of fat and not more than 5% of moisture,

as consists of the substance having the same composition as powder of the kind referred to in paragraph (a).”.

(2) The amendments made by sub-section (1), in so far as they affect the imposition under the Dairy Industry Stabilization Levy Act 1977 of levy on dairy products produced at a factory, do not apply in relation to dairy products so produced before the first day of the month immediately following the month in which this Act receives the Royal Assent.

Imposition of levy

4. (1) Section 6 of the Principal Act is amended—

(a) by omitting from paragraph (3) (b) “or” (last occurring);

(b) by omitting paragraph (3) (c) and substituting the following paragraphs:

“(c) have been exported from Australia, whether by him or by another person; or


(d) have been used, whether by him or by another person, in the production of other products that have been exported from Australia, whether by him or by another person,”; and

(c) by inserting after sub-section (3) the following sub-sections:

“(3a) An authorized person shall not issue a certificate under sub-section (3) in relation to dairy products that have been used in the production of other products (in this sub-section referred to as the ‘mixed products’) that have been exported from Australia unless the person by whom the levy imposed on those dairy products is payable or has been paid satisfies the authorized person that—

(a) those dairy products, together with any other dairy products used in the production of the mixed products, constituted not less than the minimum percentage by volume of the ingredients used in the production of the mixed products; and

(b) the mixed products, when so exported—

(i) comprised a consignment the weight of which was not less than the minimum weight; or

(ii) were part of a consignment—

(a) the weight of which was not less than the minimum weight; and

(b) the other products in which were either dairy products or products the ingredients used in the production of each of which were constituted by not less than the minimum percentage by volume of dairy products.

“(3b) In sub-section (3a)—

‘minimum percentage’ means such percentage (not exceeding 75%) as is prescribed from time to time for the purposes of this definition;

‘minimum weight’ means 15 tonnes or such lesser weight as is prescribed from time to time for the purposes of this definition.”.

(2) Paragraph 6 (3)(d) and sub-sections 6 (3a) and (3b) of the Principal Act as amended by this Act do not apply in relation to levy that was imposed before the commencement of this Act.

 

NOTE

1. No. 52, 1977, as amended. For previous amendments, see No. 95, 1978.

Overview

The Dairy Industry Stabilization Levy Amendment Act 1983 was enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia to address certain deficiencies in the original Dairy Industry Stabilization Levy Act 1977. This amendment aims to refine the definitions of certain dairy products and introduce stricter controls on the levy imposed on these products, particularly in the context of exports and the production of other products. The act seeks to ensure that the levy is appropriately applied by establishing criteria for the issuance of certificates related to exported products that contain dairy components, thereby providing a clearer framework for compliance and enforcement within the dairy industry.

Scope and Application

The Dairy Industry Stabilization Levy Amendment Act 1983 is a legislative instrument that amends the Dairy Industry Stabilization Levy Act 1977. It applies to the imposition of a levy on dairy products produced at a factory, specifically modifying the definitions of "buttermilk powder" and "whole milk powder" to reflect changes in industry standards. The Act also extends the levy exemption criteria to include dairy products that are either exported directly or used in the production of other products that are subsequently exported, provided certain conditions are met. This Act applies nationally across Australia, impacting entities involved in the dairy industry. The Act does not apply to dairy products produced before the first day of the month following the Royal Assent of this Act. Additionally, the Act's provisions regarding the levy on dairy products used in the production of other exported products do not apply to levies that were imposed prior to the commencement of this Act. The Act’s scope can be further extended or specified through subordinate instruments, which may prescribe minimum percentages and weights relevant to the levy exemptions.

Key Provisions

The Dairy Industry Stabilization Levy Amendment Act 1983 (sections 1 to 4) amends the Dairy Industry Stabilization Levy Act 1977, primarily by redefining key terms and adjusting the conditions under which a levy may be imposed. Specifically, it revises the definitions of "buttermilk powder" and "whole milk powder" (section 3), and modifies the criteria under which a levy can be exempted (section 4). These amendments clarify the types of powders subject to the levy and the circumstances under which a levy can be avoided. Under the amended Act, entities involved in the production and export of dairy products must adhere to the new definitions and conditions. For example, producers and exporters need to ensure that the dairy products meet the specified composition criteria to qualify for levy exemptions. Moreover, if dairy products are used in the production of other products that are then exported, the entity must verify that the dairy products constitute a minimum percentage by volume of the ingredients and that the consignment meets a specified minimum weight (section 4(3a)). These obligations necessitate meticulous record-keeping and compliance with the newly prescribed standards. Failure to comply with the Act’s provisions can result in significant consequences. For instance, if an authorized person issues a certificate under section 6(3) in violation of the new conditions, this could be considered a breach of the Act. Although the Act does not explicitly detail penalties for such breaches, it is likely that penalties could be severe, given the financial and regulatory importance of the dairy industry. Possible sanctions might include fines or other legal repercussions, although the exact penalties would depend on the specific nature and severity of the breach, as well as any additional guidelines or regulations established under the Act.

Legal classification tags

Area of Law
Commercial Law
Taxation Law
Instrument
Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Imposition of Levy

Interactions

Authorises

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.