Statutory Rules 1981 No. 1581
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Dairy Industry Stabilization Levy Regulations2 (Amendment)
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 subsection 11 (2) of that Act, the Governor-General shall take into consideration any relevant recommendation made by the Australian Dairy Corporation under sub-section 11 (2) of that Act:
AND WHEREAS, by reason of section 16a of the Acts Interpretation Act 1901, a reference in an Act to the Governor-General is, unless the contrary intention appears, to be deemed to include the person for the time being administering the Government of the Commonwealth of Australia and is, unless the contrary intention appears, to be read as referring to that person 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 after taking into consideration the relevant recommendations made to the Minister by the Australian Dairy Corporation, hereby make the following Regulations under the Dairy Industry Stabilization Levy Act 1977.
Dated 17 June 1981.
STANLEY BURBURY
Administrator
By His Excellency’s Command,
PETER NIXON
Minister of State for Primary Industry
Commencement
1. These Regulations shall come into operation on I July 1981.
2. Regulation 8 of the Dairy Industry Stabilization Levy Regulations is repealed and the following regulation substituted:
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 1981 is the prescribed period with respect to dairy products of the kinds specified in column 1 of Schedule 3.”.
Schedule 1
3. Schedule 1 to the Dairy Industry Stabilization Levy Regulations is amended by omitting “Cheedam” and “Colby”.
Schedule 2
4. Schedule 2 to the Dairy Industry Stabilization Levy Regulations is repealed and the following Schedule substituted:
SCHEDULE 2 Regulation 7
RATES OF LEVY
Column 1 | Column 2 |
Kind of dairy product | Rate per tonne |
| $ |
Butter..................................... | 300 |
Buttermilk powder............................ | 175 |
Butter oil................................... | 370 |
Casein.................................... | 675 |
Cheese.................................... | 400 |
Modified skim milk powder...................... | 175 |
Processed butter oil............................ | 10 |
Processed cheese.............................. | 10 |
Skim milk and buttermilk powder mixture............. | 175 |
Skim milk powder............................. | 175 |
Whole milk powder............................ | 350 |
notes
1. Notified in the Commonwealth of Australia Gazette on 23 June 1981.
2. Statutory Rules 1977 No. 108 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 25 and see also Statutory Rules 1981 No. 25.
Overview
The Statutory Rules 1981 No. 1581, titled "Dairy Industry Stabilization Levy Regulations 2 (Amendment)," was enacted to make amendments to the existing regulations under the Dairy Industry Stabilization Levy Act 1977. The problem this legislative instrument addresses is the need to update and refine the regulatory framework governing the dairy industry, specifically to adjust the rates of levy for various dairy products and to modify the prescribed period for levy application. This amendment was introduced by the Australian Government, acting through the Administrator of the Government of the Commonwealth of Australia, in consultation with the Federal Executive Council, following recommendations from the Australian Dairy Corporation. The policy objective behind these changes is to ensure the continued stability and regulation of the dairy industry in Australia, reflecting changes in market conditions and industry standards.
Scope and Application
The Dairy Industry Stabilization Levy Regulations 1981 (Amendment) pertain to the administration of the Dairy Industry Stabilization Levy Act 1977, impacting entities and individuals involved in the dairy industry within Australia. These regulations primarily concern the rates and definitions associated with the levy imposed on various dairy products. The amendments to these regulations, as specified, affect the prescribed period for levy calculations and update the rates for different types of dairy products. The regulations apply nationally, extending to all entities involved in the production, processing, and distribution of dairy products within Australia. These regulations do not explicitly exclude any particular entity or product but rather focus on setting specific standards and rates for the levy, thereby ensuring a consistent application across the industry. The scope of these regulations is further extended through subordinate instruments that may be made by the Australian Dairy Corporation in consultation with the Australian Dairy Industry Advisory Committee, subject to ministerial approval and consideration by the Governor-General.
Key Provisions
The main operative sections of the Dairy Industry Stabilization Levy Regulations (Amendment) 1981 include the commencement provisions in sections 1 and 2, the replacement of Regulation 8 in section 2, the amendment of Schedule 1 in section 3, and the replacement of Schedule 2 in section 4. These sections primarily address the timing of the regulations' commencement and the detailed specifications of dairy product categories and associated levy rates. Section 1 specifies that the regulations come into operation on 1 July 1981, while section 2 replaces Regulation 8, defining a new prescribed period for certain dairy products. Section 3 amends Schedule 1 by omitting specific dairy product names, and section 4 substitutes a new Schedule 2, detailing updated rates of levy for various dairy products.
The obligations and requirements imposed by these regulations are primarily focused on ensuring that the levy rates for specified dairy products are correctly applied from the designated commencement date. The regulations mandate that the new levy rates, as outlined in the amended Schedule 2, must be adhered to by all relevant parties, including dairy producers and processors. Furthermore, the revised Schedule 1 clarifies which dairy products fall under the purview of these regulations, ensuring that the correct products are subject to the specified levies. The updated levy rates reflect any necessary adjustments to the financial contributions expected from the dairy industry, aligning with the objectives of the Dairy Industry Stabilization Levy Act 1977.
Breach of these regulations could lead to various consequences, including potential civil and criminal penalties. The Dairy Industry Stabilization Levy Act 1977 provides for the imposition of fines and other penalties for non-compliance with the Act and its regulations. While the specific penalties are not detailed in the provided legislative instrument, they may include substantial fines for individuals or entities found to be in breach of the specified levy rates or other regulatory requirements. In severe cases, persistent or wilful non-compliance could lead to more serious criminal charges, resulting in imprisonment or further financial penalties. The exact penalties would depend on the severity and frequency of the breach, as well as any mitigating factors considered by the relevant authorities.