1147
Statutory Rules
1977 No. 282
REGULATIONS UNDER THE DAIRY INDUSTRY
STABILIZATION LEVY ACT 1977*
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 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:
AND WHEREAS the Australian Dairy Corporation, after consultation with the Australian Dairy Industry Advisory Committee, has made recommendations to the Minister with respect to regulations to be made for the purposes of section 7 of that Act:
NOW THEREFORE I, the Governor-General of the Common-wealth of Australia, acting with the advice of the Federal Executive Council and after taking into consideration those recommendations made to the Minister by the Australian Dairy Corporation, hereby make the following Regulations under the Dairy Industry Stabilization Levy Act 1977.
Dated this thirtieth day of December 1977.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
IAN SINCLAIR
Minister of State for Primary Industry
* Notified in the Commonwealth of Australia Gazette on 30 December 1977.
AMENDMENT OF THE DAIRY INDUSTRY STABILIZATION
LEVY REGULATIONS*
Commencement
1. These Regulations shall come into operation on 1 January 1978.
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 Schedule 2 to the Dairy Industry Stabilization Levy Regulations is repealed and the following Schedule substituted: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 products | Rate per tonne |
| $ |
Butter ....................................................... | 650 |
Buttermilk powder ............................................... | 153 |
Butter oil ..................................................... | 781 |
Casein ....................................................... | 230 |
Cheese ....................................................... | 265 |
Modified skim milk powder ......................................... | 153 |
Processed butteroil ............................................... | 10 |
Processed cheese ................................................ | 10 |
Skimmilk and buttermilk powder mixture................................ | 153 |
Skimmilk powder ................................................ | 153 |
* Statutory Rules 1977, No. 108 as amended by Statutory Rules 1977, No. 231.
Overview
Statutory Rules 1977 No. 282 amends the Dairy Industry Stabilization Levy Regulations, implementing changes pursuant to the Dairy Industry Stabilization Levy Act 1977. This Act was enacted by the Commonwealth Parliament to address the need for stabilization and support within the Australian dairy industry. The policy objective is to provide financial assistance to dairy farmers and processors through a levy on certain dairy products, ensuring the industry's stability and sustainability. The Governor-General, acting on advice from the Minister of State for Primary Industry and considering recommendations from the Australian Dairy Corporation, made these regulations. These amendments, which came into effect on 1 January 1978, specifically adjust the rates of levy for various dairy products, as detailed in the substituted Schedule 2.
Scope and Application
The Dairy Industry Stabilization Levy Regulations 1977, made under the Dairy Industry Stabilization Levy Act 1977, apply to all entities involved in the production, processing, or sale of dairy products within Australia. The regulations specifically target the levy rates imposed on various dairy products, such as butter, buttermilk powder, and cheese, among others, to ensure a stable and equitable environment within the dairy industry. The Act and its regulations have a national reach, operating across the Commonwealth of Australia, and are applicable to all dairy processors and producers, irrespective of their location within the country. The regulations were designed to provide clear guidelines on the levy rates applicable to different types of dairy products, thereby ensuring consistent application and compliance across the industry. The regulations also extend their application through subordinate instruments, allowing for adjustments and updates to the levy rates as recommended by the Australian Dairy Corporation and the Australian Dairy Industry Advisory Committee.
Key Provisions
The Dairy Industry Stabilization Levy Regulations 1977, under the Dairy Industry Stabilization Levy Act 1977, are designed to establish specific rates of levy for various dairy products as outlined in Schedule 2. These regulations, which came into effect on 1 January 1978, detail the financial burden imposed on different kinds of dairy products, measured in rates per tonne. For instance, the levy for butter is set at $650 per tonne, while buttermilk powder is levied at $153 per tonne (Regulation 7). The aim of these levies is to stabilise the dairy industry by ensuring a predictable financial contribution from producers of specified dairy products.
The regulations impose specific obligations on the entities they govern, primarily the producers and suppliers of dairy products. They must comply with the prescribed rates of levy for the products they manufacture or distribute, ensuring that the financial burden is accurately calculated and remitted to the relevant authorities. This compliance is essential for maintaining the stability of the industry as intended by the Act. The Australian Dairy Corporation and the Australian Dairy Industry Advisory Committee play a crucial role in recommending these rates and ensuring that they reflect the current economic conditions and industry needs.
Failure to comply with these regulations can result in various legal consequences. While the specific penalties are not detailed in the provided text, breaches of regulations under the Act can typically lead to fines or other civil penalties. In severe cases, persistent non-compliance might escalate to criminal charges, depending on the nature and extent of the breach. The precise penalties would depend on the interpretation and application of the Act by the relevant courts, but the potential for legal action underscores the importance of adhering to the stipulated rates and obligations.