Dairy Industry Stabilization Levy Regulations (Amendment)

Overview

The Statutory Rules 1981 No. 3161, titled "Dairy Industry Stabilization Levy Regulations 2 (Amendment)," was enacted to amend the existing regulations under the Dairy Industry Stabilization Levy Act 1977. The Australian Dairy Corporation was empowered to recommend changes to the Minister for Primary Industry, with these recommendations subject to consideration by the Governor-General before formal regulation. The purpose of this legislative instrument was to refine the rates of the levy imposed on various dairy products, reflecting any economic or industry changes that necessitated adjustments to stabilise the dairy industry. This amendment was made by the Governor-General, acting on the advice of the Federal Executive Council, and after reviewing the recommendations made by the Australian Dairy Corporation.

Scope and Application

The Dairy Industry Stabilization Levy Regulations 2 (Amendment) 1981 applies to entities within the Australian dairy industry that produce or import specific dairy products as defined in the Dairy Industry Stabilization Levy Act 1977. These entities include manufacturers, processors, importers, and exporters of dairy products listed in the amended regulations. The Act operates on a national level, applying throughout the Commonwealth of Australia, and is intended to stabilise the dairy industry by imposing levies on certain dairy products. The levies are structured to cover a wide range of products including butter, cheese, milk powders, and various processed dairy items, with rates per tonne specified in the amended Schedule 2. This regulatory framework allows for adjustments and modifications through subordinate instruments, where the Australian Dairy Corporation can recommend changes to the Minister, who in turn can implement these through regulations, subject to the considerations of the Governor-General.

Key Provisions

The Dairy Industry Stabilization Levy Regulations (Amendment) Statutory Rules 1981 No. 3161, made under the Dairy Industry Stabilization Levy Act 1977, introduce amendments primarily to Schedule 2, which lists the rates of levy on various dairy products. Section 1 specifies that these Regulations will come into operation on 1 November 1981. The key amendment is the substitution of the existing Schedule 2 with a new set of rates, which are detailed in the amended Schedule 2. This amendment affects the levies on products such as butter, buttermilk powder, casein, and others by changing the rates per tonne. For instance, the rate for butter has been set at $490 per tonne, while that for buttermilk powder is $200 per tonne. These Regulations impose specific obligations on entities involved in the production, processing, or sale of dairy products listed in Schedule 2. The Australian Dairy Corporation is required to make recommendations to the Minister regarding the rates of levy, which must then be considered by the Governor-General before the Regulations are made. This ensures a structured and consultative process in setting the levy rates. Entities must comply with the new rates as stipulated in the amended Schedule 2, which includes updating their accounting and reporting practices to reflect these changes. Failure to adhere to the new levy rates could result in non-compliance with the Act. Breaches of these Regulations may lead to both civil and criminal consequences. Under the Dairy Industry Stabilization Levy Act 1977, penalties for non-compliance can include fines and other sanctions. Although specific penalties are not detailed in the Regulations themselves, they are likely to be outlined in the Act. The maximum penalties could vary depending on the severity and frequency of the breach, potentially leading to significant financial repercussions for the offending parties. Compliance is thus crucial to avoid these legal and financial risks.