Dairy Industry Stabilization Levy Regulations

Statutory Rules

1977 No. 108

REGULATIONS UNDER THE DAIRY INDUSTRY STABILIZATION LEVY ACT 1977.*

WHEREAS it is provided by sub-section 11 (2) of the Dairy Industry Stabilization Levy Act 1977 that the Australian Dairy Corporation, after consultation with the Australian Dairy Industry Advisory Committee, may make recommendations to the Minister with respect to regulations to be made for the purposes of—

(a) paragraph (c) of the definition of “ dairy products ” in sub-section 4 (1) of that Act; or

(b) section 5, 6, 7 or 9 of that Act:

AND WHEREAS it is provided by sub-section 11 (3) of that Act that, before making regulations for the purposes of a provision referred to in sub-section 11 (2) of that Act, the Governor-General shall take into consideration any relevant recommendation made by the Australian Dairy Corporation under subsection 11 (2) of that Act:

AND WHEREAS the Australian Dairy Corporation, after consultation with the Australian Dairy Industry Advisory Committee, has made recommendations to the Minister with respect to regulations to be made for the purposes of the provisions of that Act referred to in sub-section 11 (2) of that Act:

NOW THEREFORE I, the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and after taking into consideration those recommendations made to the Minister by the Australian Dairy Corporation, hereby make the following Regulations under the Dairy Industry Stabilization Levy Act 1977.

Dated this twenty-eighth day of June, 1977.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

IAN SINCLAIR

Minister of State for Primary Industry.

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DAIRY INDUSTRY STABILIZATION LEVY REGULATIONS

Citation.

1. These Regulations may be cited as the Dairy Industry Stabilization Levy Regulations.

Commencement.

2. These Regulations shall come into operation on 1 July 1977,

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* Notified in the Australian Government Gazette on 30 June 1977.

Interpretation.

3. In these Regulations, unless the contrary intention appears—

“ processed butteroil ” means butterfat or ghee produced from butter by separation by means of liquefaction and clarification;

“ processed cheese ” means cheese (with or without the addition of any other substance) produced from other cheese that has been comminuted, emulsified and pasteurized;

“ skimmilk and buttermilk powder mixture ” means powder produced by the removal of water from a mixture of skimmilk and buttermilk, being powder containing more than 1.5 per cent of fat and not more than 5 per cent moisture;

“ the Act ” means the Dairy Industry Stabilization Levy Act 1977.

Prescribed products for purposes of definition of “dairy products” in sub-section 4 (1) of the Act.

4. For the purposes of paragraph (c) of the definition of “ dairy products ” in sub-section 4 (1) of the Act, the following products are prescribed:—

(a) processed butteroil;

(b) processed cheese;

(c) skimmilk and buttermilk powder mixture.

Certain varieties of cheese exempted from levy.

5. Each of the varieties of cheese specified in Schedule 1 is exempted from levy.

Prescribed date for purposes of sub-section 6 (2) of the Act.

6. For the purposes of sub-section 6 (2) of the Act, the date prescribed with respect to each kind of dairy products, other than whole milk powder, is 1 July 1977.

Rates of levy.

7. For the purposes of sub-section 7 (1) of the Act, the rate of levy in respect of each kind of dairy products specified in column 1 of Schedule 2 is the rate set out in column 2 of that Schedule opposite to the description of that kind of dairy products in column 1.

Prescribed period for purposes of paragraph 9 (1) (a) of the Act.

8. For the purposes of paragraph 9 (1) (a) of the Act, the period of one year commencing on 1 July 1977 is the prescribed period with respect to dairy products of the kinds specified in column 1 of Schedule 3.

Minimum quantities for purposes of paragraph 9 (1) (b) of the Act.

9. For the purposes of paragraph 9 (1) (b) of the Act, each of the quantities set out in column 2 of Schedule 3 is, with respect to dairy products of the kind specified in column 1 of that Schedule opposite to that quantity, the minimum quantity for the prescribed period with respect to dairy products of that kind.

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SCHEDULE 1 Regulation 5

VARIETIES OF CHEESE

Schedule 1—continued

SCHEDULE 2 Regulation 7

RATES OF LEVY

SCHEDULE 3 Regulations 8 and 9

MINIMUM QUANTITIES