Dairy Industry Stabilization Levy Regulations (Amendment)

Overview

The Statutory Rules 1979 No. 98, known as the Regulations Under the Dairy Industry Stabilization Levy Act 1977, were enacted to implement specific recommendations made by the Australian Dairy Corporation, following consultations with the Australian Dairy Industry Advisory Committee, under the authority granted by the Dairy Industry Stabilization Levy Act 1977. This legislative instrument was introduced to address the need for updated regulations regarding the levy on various dairy products as specified in the Act. The Regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and they took into account the recommendations from the Australian Dairy Corporation. The primary policy objective of these Regulations is to ensure that the levy rates for different dairy products are appropriately updated to reflect current market conditions and industry needs, thereby maintaining stability within the dairy industry.

Scope and Application

The Statutory Rules 1979 No. 98, made under the Dairy Industry Stabilization Levy Act 1977, pertain specifically to the dairy industry in Australia, applying to entities involved in the production, processing, and sale of dairy products. These regulations are designed to stabilise the dairy industry by imposing a levy on certain dairy products, and they are applicable nationally across the Commonwealth of Australia. The regulations provide detailed rates of levy for various types of dairy products, as listed in Schedule 2, and set out specific periods for levy applicability. The regulations are made with consideration of recommendations from the Australian Dairy Corporation and the Australian Dairy Industry Advisory Committee, and they are intended to ensure that the industry operates under fair and stable economic conditions. The scope of the Act extends to all entities engaged in the dairy industry within Australia, and the regulations provide a clear framework for levy imposition and collection, ensuring compliance and stability within the sector.

Key Provisions

The operative sections of the Dairy Industry Stabilization Levy Regulations 1979 (Regulations) primarily address the prescribed period for the purposes of paragraph 9(1)(a) of the Dairy Industry Stabilization Levy Act 1977 (Act) and establish new rates of levy for various dairy products. Specifically, Regulation 8 (paragraph 2) sets out the prescribed period for certain dairy products, and Schedule 2 (paragraph 3) specifies the new rates of levy per tonne for various types of dairy products such as butter, buttermilk powder, and cheese, among others. The Regulations impose obligations on parties involved in the dairy industry, including the requirement to adhere to the specified rates of levy as outlined in Schedule 2. The Australian Dairy Corporation is also tasked with making recommendations to the Minister regarding the regulations, which the Governor-General considers before enacting the Regulations. Additionally, the Regulations require compliance with the prescribed period for certain dairy products, as defined in Regulation 8. In terms of consequences for breach, the Regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance within their text. However, non-compliance with the prescribed rates of levy or failure to adhere to the specified period could potentially lead to legal repercussions under the Act. The Act itself may provide for penalties or enforcement actions for non-compliance, which would apply to breaches of the Regulations. It is essential for parties within the dairy industry to ensure adherence to the Regulations to avoid any potential legal consequences.