Dairy Industry Stabilization Regulations (Amendment)

Overview

The Dairy Industry Stabilization Regulations (Amendment) 1986, issued under the authority of the Minister for Primary Industry, amends the Dairy Industry Stabilization Regulations 1977. The original regulations, which were enacted under the Dairy Industry Stabilization Act 1977, were intended to facilitate the collection of the levy imposed by the Dairy Industry Stabilization Levy Act 1977. They provided for the manner and payment of the levy and required persons to submit returns for the purposes of these Acts. Specifically, Regulation 6 of the original regulations stipulated that individuals or entities needed to submit monthly returns, including statements when no dairy products subject to the levy had been sold or used in the production of other goods. This requirement was intended to ensure transparency and compliance within the industry. The 1986 amendment, however, removes the obligation to submit monthly 'nil' returns or statements, streamlining the reporting process and potentially reducing administrative burdens on those who do not sell or use dairy products subject to the levy.

Scope and Application

The Dairy Industry Stabilization Regulations (Amendment) 1986 amends the existing Dairy Industry Stabilization Regulations, which were made under the Dairy Industry Stabilization Act 1977. The Regulations primarily concern the collection of the levy imposed by the Dairy Industry Stabilization Levy Act 1977 and dictate the manner of levy payment and the requirement for persons to furnish returns. Specifically, sub-regulation 6(4) previously required persons who sold or used dairy products in the production of other goods to submit a monthly return to the Director, Financial Management within the Department of Primary Industry, even if no dairy products were sold or used during that month. This amendment removes the obligation for persons to submit these 'nil' returns from 1 July 1986 onwards. The Act and its regulations apply to all persons involved in the sale or use of dairy products, thereby impacting the dairy industry and related sectors. These regulations have a national reach within Australia, applying uniformly across state and territory boundaries as per the jurisdictional scope of the primary Act. There are no stated exclusions or exemptions in the provided text, although the application may be further defined or extended through subordinate instruments made under the authority of the Act.

Key Provisions

The primary operative sections of the Dairy Industry Stabilization Regulations (Amendment) (No. 119 of 1986) focus on the amendment of Regulation 6 (sub-regulation 6(4)). This regulation, previously requiring persons to submit monthly returns to the Director, Financial Management in the Department of Primary Industry, even when no dairy products on which levy is imposed have been sold or used, is to be amended. From 1 July 1986, the obligation to submit these 'nil' returns is removed, simplifying the compliance process for those who have not sold or used any relevant dairy products in a given month. Under the amended regulations, the obligation on persons to submit monthly returns is modified. Specifically, Regulation 6 (sub-regulation 6(4)) will no longer mandate the submission of a statement when there has been no sale or use of dairy products subject to the levy. This amendment aims to streamline administrative processes and reduce the burden on individuals and entities who would otherwise be required to report zero activity. The regulation remains in place for those who have sold or used dairy products on which the levy is imposed, ensuring that only relevant information is reported. In terms of compliance, the amended regulations impose a clear change in obligation. Persons who previously had to submit monthly 'nil' returns will no longer be required to do so, provided they have not sold or used any dairy products subject to the levy. This amendment is intended to alleviate unnecessary paperwork for those with no relevant activity, while maintaining the requirement for those who are actively engaged in the sale or use of dairy products. The focus remains on ensuring accurate and relevant reporting from those who need to comply. The Dairy Industry Stabilization Regulations (Amendment) do not explicitly detail specific offences or penalties for non-compliance with the new provisions. However, under the overarching Dairy Industry Stabilization Act 1977, breaches of the regulations or failure to furnish the required returns could result in penalties as prescribed by the Act. These could include fines or other civil consequences, depending on the nature and severity of the breach. The precise penalties would be determined in line with the provisions of the original Act and any relevant legislative framework in place at the time of the breach.