Statutory Rules
1978 No. 97
REGULATION UNDER THE DAIRY INDUSTRY STABILIZATION ACT 1977*
WHEREAS it is provided by sub-section 4 (6) of the Dairy Industry Stabilization Act 1977 that the regulations may provide that a production period with respect to a kind of dairy products shall be divided into 2 or more periods each of which shall be a production period with respect to that kind of dairy products any one or more of which may be periods that commenced before the date of commencement of the regulations:
AND WHEREAS it is provided by sub-section 4 (7) of that Act that, before making regulations for the purposes of sub-section 4 (6) of that Act, the Governor-General shall take into consideration any relevant recommendations made to the Minister by the Australian Dairy Corporation after consultation with the Australian Dairy Industry Advisory Committee:
AND WHEREAS the Australian Dairy Corporation, after consultation with the Australian Dairy Industry Advisory Committee, has made recommendations to the Minister with respect to the making of a regulation for the purposes of section 4 (6) of that Act:
NOW THEREFORE I, the Governor-General of the Commonwealth 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 Regulation under the Dairy Industry Stabilization Act 1977.
Dated this twenty-seventh day of June 1978.
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 29 June 1978.
AMENDMENT OF THE DAIRY INDUSTRY STABILIZATION REGULATIONS*
After regulation 2 of the Dairy Industry Stabilization Regulations the following regulations are inserted:
Production periods
“ 2A. (1) A production period with respect to a kind of dairy products (other than modified skimmilk powder and whole milk powder) that commenced on 1 July 1977 and ends on 30 June 1978 is divided into 2 periods, namely—
(a) the period that commenced on 1 July 1977 and ended on 31 December 1977; and
(b) the period that commenced on 1 January 1978 and ends on 30 June 1978,
each of which is a production period with respect to that kind of dairy products.
“ (2) The production period with respect to modified skimmilk powder that commenced on 1 December 1977 and ends on 30 June 1978 is divided into 2 periods, namely—
(a) the period that commenced on 1 December 1977 and ended on 31 December 1977; and
(b) the period that commenced on 1 January 1978 and ends on 30 June 1978,
each of which is a production period with respect to modified skimmilk powder.
Prescribed period for the purposes of the definition of “ prescribed period ” in sub-section 5 (4) of the Act
“ 2b. For the purposes of the definition of ‘ prescribed period ’ in sub-section 5 (4) of the Act, the period of 12 months is prescribed in respect of each kind of dairy products.”.
* Statutory Rules 1977, Nos. 132 and 230.
Overview
Statutory Rules 1978 No. 97, made under the Dairy Industry Stabilization Act 1977, aims to address the need for more precise management of production periods within the dairy industry. Enacted by the Governor-General of the Commonwealth of Australia, these regulations respond to recommendations from the Australian Dairy Corporation, following consultations with the Australian Dairy Industry Advisory Committee. The regulations are designed to refine the division of production periods for various dairy products, ensuring better alignment with industry needs and stabilising the market by providing clearer timeframes for production and compliance. The policy objective is to enhance the efficiency and stability of the dairy industry through more detailed regulation of production periods.
Scope and Application
Statutory Rules 1978 No. 97, made under the Dairy Industry Stabilization Act 1977, applies to the division of production periods for certain dairy products, specifically excluding modified skimmilk powder and whole milk powder. This regulation pertains to dairy products produced between 1 July 1977 and 30 June 1978, splitting these periods into two distinct segments. The regulation is applicable nationally across Australia, as it is enacted under Commonwealth legislation. The regulation does not explicitly exclude any entities or industries but focuses on the administrative division of production periods to facilitate compliance with the broader objectives of the Dairy Industry Stabilization Act. Subordinate instruments may further extend or restrict the application of these regulations, as permitted by the parent Act.
Key Provisions
The regulation, made under the Dairy Industry Stabilization Act 1977, introduces specific provisions regarding the division of production periods for certain dairy products. Section 2A (1) specifies that for dairy products other than modified skimmilk powder and whole milk powder, a production period that commenced on 1 July 1977 and ends on 30 June 1978 is divided into two distinct periods: the first from 1 July 1977 to 31 December 1977, and the second from 1 January 1978 to 30 June 1978. Similarly, section 2A (2) divides the production period for modified skimmilk powder, which commenced on 1 December 1977 and ends on 30 June 1978, into two periods: from 1 December 1977 to 31 December 1977 and from 1 January 1978 to 30 June 1978. These provisions ensure that each of these periods is recognised as a distinct production period under the Act.
The regulation imposes specific obligations on parties involved in the dairy industry. It mandates that the production periods for the specified dairy products must be divided as outlined in section 2A. This division is crucial for the purposes of compliance and record-keeping, ensuring that all parties adhere to the defined periods for accurate reporting and monitoring. Additionally, section 2B stipulates that a period of 12 months is prescribed for each kind of dairy products when determining the "prescribed period" as defined in sub-section 5(4) of the Act. This ensures consistency in the interpretation and application of the Act across different types of dairy products.
There are no explicit offences, penalties, or consequences for breach mentioned within the regulation itself. However, it is essential to note that failure to comply with the provisions of the Dairy Industry Stabilization Act 1977, as interpreted and enforced through regulations such as this, could potentially lead to legal repercussions. These might include administrative actions, fines, or other enforcement measures as prescribed by the overarching Act or other relevant legislation. The specifics of such penalties would be determined based on the broader legal framework governing the dairy industry in Australia.