Dairy Industry Stabilization Levy (Termination of Levy) Act 1986

Overview

The Dairy Industry Stabilization Levy (Termination of Levy) Act 1986 was enacted to address the need for terminating the levy that had been imposed under the Dairy Industry Stabilization Levy Act 1977. The Act was assented to on 24 June 1986 by the Queen, in accordance with the legislative process of the Commonwealth of Australia as enacted by both the Senate and the House of Representatives. This legislation specifically aims to amend the Principal Act by effectively ending the imposition of the levy as of 1 July 1986. The Act's commencement is tied to the operation of Part VI of the Dairy Produce Act 1986, ensuring a coordinated approach in the legislative changes impacting the dairy industry. The policy objective underlying this Act is to remove a financial burden from the dairy industry that was no longer deemed necessary or sustainable.

Scope and Application

The Dairy Industry Stabilization Levy (Termination of Levy) Act 1986 applies to the entities and persons involved in the dairy industry as previously defined in the Dairy Industry Stabilization Levy Act 1977. This Act is specifically designed to amend the Principal Act by terminating the imposition of a levy on the dairy industry, effective before 1 July 1986. The Act applies at a Commonwealth level, thereby affecting the entire nation. It makes amendments to the Principal Act by omitting certain definitions and consultation requirements, effectively ceasing the operation of the levy as stipulated. There are no specific exclusions, exemptions, or thresholds outlined in the Act itself, but the application and interpretation may be further refined through subordinate instruments or regulations that might be enacted under the authority of the Act. The Act's amendments streamline the legislative framework for the dairy industry by removing the levy and related consultation processes, thereby impacting industry conduct and transactions governed by the Principal Act.

Key Provisions

The main operative sections of the Dairy Industry Stabilization Levy (Termination of Levy) Act 1986 (section 1) provide a citation for the Act, and it references the Dairy Industry Stabilization Levy Act 1977 as the Principal Act (section 1(2)). The Act’s commencement is tied to the operational date of Part VI of the Dairy Produce Act 1986 (section 2). The interpretation section (section 3) amends the definition in the Principal Act by removing the definition of "Advisory Committee". The levy imposition (section 4) extends the period of levy application by adding "and before 1 July 1986" to the Principal Act’s section 6. The regulation section (section 5) modifies the Principal Act by removing the consultation requirement with the Advisory Committee from section 11. The Act imposes several obligations and requirements on the parties governed by it. Firstly, by omitting the definition of "Advisory Committee", it removes the necessity for such a committee’s involvement in certain decision-making processes related to the levy (section 3). Secondly, by extending the levy period to before 1 July 1986 (section 4), it mandates that the levy continues to apply until that date. Thirdly, by removing the consultation requirement with the Advisory Committee (section 5), it alters the regulatory framework, likely simplifying or altering the procedural requirements for levy-related decisions. The Act also outlines potential consequences for breaches of its provisions, though specific offences, penalties, or consequences are not explicitly detailed within the provided sections. Given the nature of legislative amendments and the focus on levy termination, it can be inferred that any breaches would likely be addressed under the general legislative framework governing administrative and financial compliance in Australia. Penalties could range from fines to more severe administrative actions, depending on the severity and intent behind the breach. However, the exact penalties are not specified within the given sections of the Act.