Statutory Rules 1981 No. 251
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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 subsection 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 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 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 26 February 1981.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
PETER NIXON
Minister of State for Primary Industry
Commencement
1. These Regulations shall come into operation on 1 March 1981.
Schedule 2
2. Schedule 2 to the Dairy Industry Stabilization Levy Regulations is repealed and the following Schedule substituted: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.................................... | 720 |
Buttermilk powder............................ | 175 |
Butter oil.................................. | 889 |
Casein.................................... | 550 |
Cheese................................... | 500 |
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........................... | 475 |
NOTES
1. Notified in the Commonwealth of Australia Gazette on 27 February 1981.
2. Statutory Rules 1977 No. 108 as amended by 1977 Nos. 231 and 282; 1978 Nos. 48, 98 and 267; 1979 Nos. 98 and 291; 1980 Nos. 66, 183 and 299.
Overview
The Dairy Industry Stabilization Levy Regulations 2 (Amendment) Statutory Rules 1981 No. 251 were enacted in 1981 to address gaps in the regulatory framework for dairy product levies under the Dairy Industry Stabilization Levy Act 1977. This legislative instrument was introduced by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council and taking into account recommendations from the Australian Dairy Corporation. The policy objective of these regulations is to ensure that the levy rates for various dairy products are accurately defined and implemented, thereby providing a stable and predictable environment for the dairy industry. By amending the existing regulations, the Act aims to reflect changes in the industry and to maintain the financial stability of the sector.
Scope and Application
The Dairy Industry Stabilization Levy Regulations (Amendment) 1981 applies to the dairy industry within Australia and regulates the levy imposed on dairy products. The Act applies to entities involved in the production, processing, and distribution of dairy products, including farmers, processors, and wholesalers. The geographic scope of the Act is national, as it is a Commonwealth legislation. The Act sets out specific rates of levy per tonne for different kinds of dairy products, as detailed in Schedule 2 of the Regulations. The levy rates are adjusted to stabilise the industry by providing financial support and ensuring fair pricing. The Act may extend or restrict its application through subordinate instruments, such as amendments to the Regulations, which would then need to be made in accordance with the relevant provisions of the Dairy Industry Stabilization Levy Act 1977.
Key Provisions
The Dairy Industry Stabilization Levy Regulations 2 (Amendment) Statutory Rules 1981 No. 251 sets out specific rates for the levy on various dairy products, as detailed in Schedule 2. This schedule replaces the previous rates and introduces new ones, reflecting the changes in the dairy industry. For example, the rate for butter is set at $720 per tonne, while skim milk powder has a rate of $175 per tonne. These rates are to be applied to the kinds of dairy products listed in Column 1, with the corresponding levy rates provided in Column 2.
Under these regulations, the Australian Dairy Corporation is mandated to make recommendations to the Minister regarding the levy rates for different dairy products, as outlined in the Dairy Industry Stabilization Levy Act 1977. These recommendations are based on consultations with the Australian Dairy Industry Advisory Committee. Before the Governor-General enacts any new regulations, they must consider the recommendations made by the Australian Dairy Corporation. This ensures that the regulations are based on expert advice and industry insights.
Failure to comply with the provisions of the Dairy Industry Stabilization Levy Act 1977 and the associated regulations may result in penalties. While the specific penalties are not detailed in the legislative instrument, breaches of similar legislative instruments generally result in fines or other civil penalties. The exact penalties can vary depending on the nature and severity of the breach, but they are designed to ensure adherence to the regulatory framework governing the dairy industry.
The regulations come into effect on 1 March 1981, as specified in section 1 of the Statutory Rules. This commencement date ensures that the new levy rates are implemented in a timely manner, allowing for proper planning and adjustment within the dairy industry. The replacement of the previous rates with the new ones aims to stabilize and support the industry, reflecting the current economic and market conditions.
The amendments to the Dairy Industry Stabilization Levy Regulations demonstrate the ongoing efforts to adapt and refine the regulatory framework to meet the evolving needs of the dairy industry. By setting specific levy rates for various dairy products, the regulations aim to provide clarity and consistency, facilitating compliance and contributing to the overall stability of the industry.