Dairy Industry Stabilization Levy Regulations (Amendment)

Overview

The Statutory Rules 1977 No. 231, enacted under the Dairy Industry Stabilization Levy Act 1977, address the need for updated and specific regulations within the Australian dairy industry. This legislative instrument was introduced to provide clarity and precision in the definitions and classifications of dairy products subject to the levy, as well as to set prescribed dates for these products. The Australian Dairy Corporation, after consulting with the Australian Dairy Industry Advisory Committee, recommended these amendments to the Minister, who then advised the Governor-General. Consequently, the Governor-General, acting with the advice of the Federal Executive Council, issued these regulations, which commenced on 1 December 1977. The primary policy objective is to ensure that the dairy industry remains stable and well-regulated, which supports both producers and consumers within the sector.

Scope and Application

The Dairy Industry Stabilization Levy Regulations 1977, made under the Dairy Industry Stabilization Levy Act 1977, apply to dairy products produced and processed in Australia, specifically targeting entities and persons involved in the dairy industry. The regulations pertain to the definition and classification of dairy products, including the newly defined term "modified skimmilk powder," which must contain between 1.5 per cent and 10 per cent fat and not more than 5 per cent moisture. This regulation also adjusts the definitions and prescribed dates for certain dairy products to ensure compliance with the Act. The regulations are of Commonwealth reach, applying across Australia, and they extend their application through subordinate instruments such as amendments and schedule adjustments, which are detailed in the Statutory Rules. Notably, these regulations exclude any products that do not meet the specified criteria for modified skimmilk powder or other dairy products as defined.

Key Provisions

The Statutory Rules 1977 No. 231 under the Dairy Industry Stabilization Levy Act 1977 primarily focus on amending definitions and prescribing dates related to certain dairy products. Firstly, Section 2 amends the definition of "modified skimmilk powder" to specify that it must contain more than 1.5% but not more than 10% fat and not more than 5% moisture (subsection 4(1)). Additionally, it modifies the definition of "skimmilk and buttermilk powder mixture" by omitting the specific moisture content and replacing it with a general reference to moisture (subsection 2(b)). Section 3 further refines the definition of "dairy products" to include "modified skimmilk powder" as a prescribed product (subsection 3). Section 4 repeals Regulation 6 and replaces it with a new regulation specifying the prescribed dates for certain dairy products, setting 1 December 1977 as the date for "modified skimmilk powder" and 1 July 1977 for other dairy products, excluding whole milk powder (subsection 6). These regulations impose specific obligations on the parties involved in the dairy industry, particularly those dealing with dairy products. They require compliance with the newly defined and prescribed terms, ensuring that any products classified under these definitions adhere to the specified criteria of fat and moisture content. The amendments necessitate that entities producing or dealing in modified skimmilk powder and other dairy products meet the newly defined standards and timelines. Furthermore, these regulations mandate accurate record-keeping and reporting to ensure compliance with the stipulated dates and definitions. Failure to comply with these regulations may result in legal consequences. Although the specific penalties are not detailed in the text, breaches of regulations under the Dairy Industry Stabilization Levy Act 1977 could lead to fines or other enforcement actions as prescribed by the Act. The precise penalties would typically be outlined in the primary legislation or additional regulations, which might include financial penalties or other administrative sanctions. It is imperative for industry participants to adhere to these requirements to avoid any potential legal repercussions.