Dairy Industry Stabilization Levy Regulations (Amendment)

Overview

The Dairy Industry Stabilization Levy Regulations 1980, enacted under the Dairy Industry Stabilization Levy Act 1977, aim to address the need for regulatory measures to stabilise the dairy industry. These regulations were introduced by the Governor-General, acting with the advice of the Federal Executive Council, following recommendations from the Australian Dairy Corporation and consultations with the Australian Dairy Industry Advisory Committee. The overarching policy objective is to ensure the stability and viability of the dairy industry, which is critical to the Australian economy and food security. The regulations set out specific rates of levy for various dairy products and establish a prescribed period for certain dairy products, thereby providing a structured framework to support the industry’s financial health and sustainability.

Scope and Application

The Dairy Industry Stabilization Levy Regulations 1980, made under the Dairy Industry Stabilization Levy Act 1977, apply to dairy products specified in the regulations and the entities involved in the production, processing, and sale of these products within Australia. The regulations set out the rates of levy applicable to different kinds of dairy products, which are listed in Schedule 2 of the regulations. These regulations are intended to stabilise the dairy industry by imposing a levy on certain dairy products, thereby regulating their supply and demand. The act and its subordinate regulations apply across the Commonwealth of Australia and affect all entities involved in the production and sale of the specified dairy products. The regulations extend to all relevant transactions and conduct within the dairy industry. The specified dairy products and the applicable levy rates are detailed in Schedule 3 and Schedule 2 of the regulations, respectively. These regulations were made in accordance with the recommendations of the Australian Dairy Corporation, with the Governor-General taking into consideration these recommendations before making the regulations. The regulations came into effect on 1 July 1980 and have since been amended to update the rates of levy and the prescribed period for levy application.

Key Provisions

The main operative sections of these regulations under the Dairy Industry Stabilization Levy Act 1977 involve the amendment of Regulation 8 and Schedule 2. Regulation 8 specifies the prescribed period for certain dairy products, beginning from 1 July 1980. Schedule 2, on the other hand, details the rates of levy applicable to various kinds of dairy products. This includes the rate per tonne for products such as butter, buttermilk powder, butteroil, casein, cheese, modified skimmilk powder, processed butteroil, processed cheese, skimmilk and buttermilk powder mixture, skimmilk powder, and whole milk powder. These regulations come into operation on 1 July 1980. These regulations impose specific obligations on parties dealing with the specified dairy products. For instance, entities involved in the production, processing, or sale of these dairy products must adhere to the prescribed rates of levy as outlined in Schedule 2. They must ensure that the correct levy is applied to each type of dairy product as per the rate specified. Additionally, they must comply with the prescribed period mentioned in Regulation 8 for certain dairy products, ensuring that the one-year period starting from 1 July 1980 is observed. Failure to comply with these regulations can result in various consequences. Although specific offences, penalties, or civil/criminal consequences are not detailed in the provided text, under the general framework of the Dairy Industry Stabilization Levy Act 1977, non-compliance could potentially lead to penalties. These penalties may include fines or other enforcement actions as prescribed by the Act. The maximum penalties would depend on the specific nature and severity of the breach, as outlined in the primary Act or subsequent regulations.