Statutory Rules
1977 No. 132
REGULATIONS UNDER THE DAIRY INDUSTRY STABILIZATION ACT 1977.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Dairy Industry Stabilization Act 1977.
Dated this tenth day of August, 1977.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
IAN SINCLAIR
Minister of State for Primary Industry.
DAIRY INDUSTRY STABILIZATION REGULATIONS
Citation.
1. These Regulations may be cited as the Dairy Industry Stabilization Regulations.
Interpretation.
2. In these Regulations, unless the contrary intention appears—
“ authorized agent ” means a person appointed under regulation 10 to be an authorized agent;
“ Director of Finance ” means the person for the time being occupying, or performing the duties of, the office of Director of Finance in the Department of Primary Industry;
“ Financial Controller ” means the person for the time being employed by the Corporation as Financial Controller and includes a person for the time being acting as Financial Controller;
“ the Act ” means the Dairy Industry Stabilization Act 1977.
Separate accounts to be kept in Fund.
3. A separate account is to be kept in the Fund in respect of each of the following:—
(a) processed butteroil produced during each production period;
(b) processed cheese produced during each production period.
* Notified in the Commonwealth of Australia Gazette on 17 August 1977.
Account to which moneys in respect of skimmilk and buttermilk powder mixture are to be credited.
4. Any moneys credited to the Fund under sub-section 10 (1) of the Act that were paid by the Commonwealth to the Corporation by reason of the receipt by the Commonwealth, from time to time, of levy in respect of skimmilk and buttermilk powder mixture are to be credited to the account in respect of skimmilk powder and buttermilk powder produced during the production period during which the skimmilk and buttermilk powder mixture in respect of which the levy was received by the Commonwealth was produced.
Manner of payment of levy, &c.
5. Payment of levy and other moneys payable to the Commonwealth under the Act shall be made to the Collector of Public Moneys at the office of the Department of Primary Industry in Canberra.
Monthly returns.
6. (1) This regulation applies to—
(a) a person who is the proprietor of a factory at which dairy products are produced;
(b) a person who is the importer of dairy products referred to in sub-section 6 (4) of the Levy Act; and
(c) the Corporation.
(2) Where, in any month, dairy products on which levy is imposed have been sold by or on behalf of a person to whom this regulation applies, or have been used by the person in the production of other products, whether dairy products or not, the person shall, on or before the fourteenth day after the last day of the month immediately following the month in which the dairy products were sold or so used, furnish to the Director of Finance a return containing such of the following particulars in respect of that last-mentioned month as are applicable:—
(a) the quantity of each kind of dairy products sold in that month, other than dairy products that have been exported from Australia or sold to the Corporation;
(b) the quantity of each land of dairy products used in that month in the production of other products;
(c) with respect to each kind of dairy products referred to in paragraph (a) or (b), the production period in which the dairy products of that kind were produced;
(d) in respect of each land of dairy products referred to in paragraph (a) or (b), the total amount of levy payable in respect of the dairy products so sold or used.
(3) A return referred to in sub-regulation (1) shall—
(a) state the full name and address of the person furnishing the return; and
(b) contain a declaration, signed by the person furnishing the return or his authorized agent, stating that the information furnished in the return is true and correct in every particular.
(4) Where, in any month, no dairy products on which levy is imposed have been sold by or on behalf of a person to whom this regulation applies, or have been used by the person in the production of other products, whether dairy products or not, the person shall, on or before the fourteenth day after the last day of the month immediately following that month, furnish a statement to that effect to the Director of Finance.
Returns to be furnished after end of production period.
7. (1) Where dairy products on which levy is imposed were still in the ownership of the proprietor of the factory at which they were produced at the expiration of the prescribed period after the end of the production period in which the dairy products were produced, the proprietor of the factory shall, on or before the fourteenth day after the last day of that prescribed period, furnish to the Director of Finance a return containing the following particulars:—
(a) the quantity of each kind of dairy products that were so in his ownership at the expiration of that period;
(b) with respect to each kind of dairy products referred to in paragraph (a), the production period in which the dairy products of that kind were produced;
(c) in respect of each kind of dairy products referred to in paragraph (a), the total amount of levy payable in respect of the dairy products that were so in his ownership at the expiration of that period.
(2) A return referred to in sub-regulation (1) shall—
(a) state the full name and address of the proprietor of the factory; and
(b) contain a declaration, signed by the proprietor of the factory or his authorized agent, stating that the information furnished in the return is true and correct in every particular.
(3) Where no dairy products on which levy is imposed were in the ownership of the proprietor of the factory at which they were produced at the expiration of the prescribed period after the end of the production period in which the dairy products were produced, the proprietor of the factory shall, on or before the fourteenth day after the last day of that prescribed period, furnish a statement to that effect to the Director of Finance.
(4) In this regulation, “ prescribed period ” has the same meaning as in section 5 of the Act.
Lodging of returns.
8. A return or statement referred to in regulation 6 or 7 shall be furnished to the Director of Finance by lodging it at the office of the Department of Primary Industry in Canberra.
Returns to be furnished to Corporation.
9. (1) Where, in any month—
(a) dairy products have been produced at a factory; or
(b) the proprietor of a factory, being a factory at which dairy products are produced, has—
(i) purchased or sold dairy products;
(ii) used dairy products in the production of other products (whether dairy products or not); or
(iii) otherwise disposed of dairy products,
the proprietor of the factory shall, on or before the fourteenth day after the last day of that month, furnish to the Financial Controller a return containing such of the following particulars in respect of that month as are applicable:—
(c) the quantity of each kind of dairy products held in stock by him on the first day of that month;
(d) the quantity of each kind of dairy products produced at the factory in that month;
(e) the quantity of each kind of dairy products purchased by him in that month;
(f) the quantity of each kind of dairy products sold by him in that month for export;
(g) the quantity of each kind of dairy products sold by him in that month to the Corporation;
(h) the quantity of each kind of dairy products sold by him in that month otherwise than for export or to the Corporation;
(j) the quantity of each kind of dairy products used by him in that month in the production of other products;
(k) the quantity of each kind of dairy products disposed of by him in that month otherwise than by sale or use in the production of other products;
(l) the quantity of each kind of dairy products held in stock by him at the end of that month;
(m) with respect to each kind of dairy products referred to in paragraph (c), (e), (f), (g), (h), (j), (k) or (l), the production period in which the dairy products of that kind were produced.
(2) A return referred to in sub-regulation (1) shall—
(a) state the full name and address of the proprietor of the factory; and
(b) contain a declaration, signed by the proprietor of the factory or his authorized agent, stating that the information furnished in the return is true and correct in every particular.
(3) Where in any month—
(a) dairy products have not been produced at a factory, being a factory at which dairy products are produced; or
(b) the proprietor of a factory, being a factory at which dairy products are produced, has not—
(i) purchased or sold dairy products;
(ii) used dairy products in the production of other products (whether dairy products or not); or
(iii) otherwise disposed of dairy products,
the proprietor of the factory shall, on or before the fourteenth day after the last day of that month, furnish a statement to that effect to the Financial Controller.
(4) A return or statement referred to in sub-regulation (1) or (3) shall be furnished to the Financial Controller by lodging it at the office of the Corporation in Melbourne.
Authorized agent.
10. (1) A person who is required to furnish a return under regulation 6, 7 or 9 may, by instrument in writing signed by that person, appoint a person to be his authorized agent for the purpose of signing on his behalf the declaration contained in that return.
(2) An instrument referred to in sub-regulation (1) shall be substantially in accordance with whichever of forms 1 and 2 in the Schedule is applicable.
(3) A person who, in pursuance of sub-regulation (1), appoints a person to be his authorized agent for the purpose of signing on his behalf the declaration contained in a return shall lodge the instrument of appointment at the place at which the return is required by these Regulations to be lodged.
Execution of documents by a company.
11. (1) Where these Regulations provide that a declaration or instrument of appointment shall be signed by a person and that person is a company, the declaration or instrument of appointment may be signed on behalf of the company by a director or the secretary of the company.
(2) In sub-regulation (1), a reference to a company shall be read as including a reference to a co-operative society incorporated under a law of a State or Territory.
Records to be kept.
12. The proprietor of a factory at which dairy products are produced shall keep proper records showing, in respect of each month—
(a) the quantity of each kind of dairy products produced at the factory in that month;
(b) the quantity of each kind of dairy products purchased by him in that month;
(c) the quantity of each kind of dairy products used by him in that month in the production of dairy products;
(d) the quantity of each kind of dairy products sold by him in that month for export;
(e) the quantity of each kind of dairy products sold by him in that month to the Corporation;
(f) the quantity of each kind of dairy products sold by him in that month otherwise than for export or to the Corporation;
(g) the quantity of each kind of dairy products, being products that have been exported from Australia, imported by him into Australia in that month;
(h) the quantity of each kind of dairy products disposed of by him in that month otherwise than by sale or use in the production of dairy products;
(j) the quantity of each kind of dairy products held in stock by him on the first day of that month;
(k) the quantity of each kind of dairy products held in stock by him at the end of that month; and
(l) with respect to each kind of dairy products referred to in paragraph (b), (c), (d), (e), (f), (g), (h), (j) or (k), the production period in which the dairy products of that kind were produced.
Penalty: $500.
SCHEDULE Regulation 10
FORM 1
Commonwealth of Australia
Dairy Industry Stabilization Regulations
APPOINTMENT OF AUTHORIZED AGENT
To the Director of Finance, Department of Primary Industry, Canberra.
I,
(Full name and address)
hereby appoint—
(Full name and address of authorized agent)
a specimen of whose signature appears below, to be my authorized agent for the purpose of signing on my behalf the declaration contained in any return required to be furnished by me to the Director of Finance, Department of Primary Industry, under regulation 6 or 7 of the Dairy Industry Stabilization Regulations.
Dated at
this day of 19 .
(Signature of person appointing authorized agent, or, where the person is a company, signature of a director or the secretary of the company and his designation)
Dated at
this day of 19 .
(Signature of authorized agent)
Form 2
Commonwealth of Australia
Dairy Industry Stabilization Regulations
APPOINTMENT OF AUTHORIZED AGENT
To the Financial Controller, Australian Dairy Corporation, Melbourne.
I,
(Full name and address)
hereby appoint—
(Full name and address of authorized agent)
a specimen of whose signature appears below, to be my authorized agent for the purpose of signing on my behalf the declaration contained in any return required to be furnished by me to the Financial Controller, Australian Dairy Corporation, under regulation 9 of the Dairy Industry Stabilization Regulations.
Dated at
this day of 19 .
(Signature of person appointing authorized agent, or, where the person is a company, signature of a director or the secretary of the company and his designation)
Dated at
this day of 19 .
(Signature of authorized agent)