Statutory Rules
1977 No. 230
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 twenty-ninth day of November 1977.
JOHN R. KERR
Governor-General
By His Excellency’s Command,
IAN SINCLAIR
Minister of State for Primary Industry
AMENDMENTS OF THE DAIRY INDUSTRY STABILIZATION REGULATIONS†
Commencement
1. These Regulations shall come into operation on 1 December 1977.
2. Regulation 4 of the Dairy Industry Stabilization Regulations is repealed and the following regulation substituted:
Account to which moneys in respect of certain dairy products 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—
(a) modified skimmilk powder; or
(b) 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 (being a production period with respect to skimmilk powder and buttermilk powder) during which the product in respect of which the levy was received by the Commonwealth was produced.”.
* Notified in the Commonwealth of Australia Gazette on 30 November 1977.
† Statutory Rules 1977, No. 132.
Monthly returns
3. Regulation 6 of the Dairy Industry Stabilization Regulations is amended by omitting from sub-regulation (3) “ in sub-regulation (1) ” and substituting “ in sub-regulation (2) ”.
Overview
Statutory Rules 1977 No. 230, the Dairy Industry Stabilization Regulations 1977, were enacted under the authority of the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. These regulations were introduced to provide a framework for the stabilisation of the dairy industry in Australia, addressing issues such as the management of milk and dairy product production, processing, and marketing. The regulations aim to ensure the orderly development of the industry and to maintain fair and equitable conditions for all stakeholders. They were designed to operate in conjunction with the Dairy Industry Stabilization Act 1977, which itself was established to provide for the stabilization of the dairy industry by regulating the supply of milk and dairy products. The policy objective of these regulations is to maintain stability within the industry by controlling the flow of milk and dairy products, thereby preventing market fluctuations and ensuring consistent income for dairy farmers and fair prices for consumers.
Scope and Application
The Dairy Industry Stabilization Regulations 1977 apply to the entities involved in the production and sale of certain dairy products, particularly modified skimmilk powder and skimmilk and buttermilk powder mixture, within the Australian jurisdiction. The regulations are made under the authority of the Dairy Industry Stabilization Act 1977 and were enacted to provide specific operational details and amendments to the original regulations. These regulations affect the industry by detailing how funds collected through levies on certain dairy products are to be managed and credited, ensuring compliance with the overarching act. The regulations cover entities involved in the production and sale of these specified dairy products and are applicable nationwide, as they are a Commonwealth regulation. There are no specific exclusions or exemptions mentioned in these regulations; however, the detailed provisions and amendments highlight the intent to refine the management of funds and ensure accurate accounting for levy payments. The application of these regulations may be extended or restricted by further subordinate instruments issued under the authority of the Act.
Key Provisions
The main operative sections of the Dairy Industry Stabilization Regulations 1977 outline key financial provisions and account management for specific dairy products. Regulation 4 (2) specifies the account to which moneys in respect of certain dairy products are to be credited. According to this regulation, any moneys credited to the Fund under sub-section 10 (1) of the Act, paid by the Commonwealth to the Corporation due to levies on modified skimmilk powder and skimmilk and buttermilk powder mixture, must be credited to the account related to the production period of these products. This amendment ensures that the funds are appropriately allocated according to the production timeline of the respective dairy products.
These regulations impose specific obligations on the parties involved, including the Commonwealth and the Corporation. The Commonwealth must ensure that levies collected on specified dairy products are accurately paid to the Corporation. The Corporation, in turn, must credit these funds to the correct accounts as stipulated by Regulation 4 (2). This process is designed to maintain transparency and accuracy in financial transactions related to the dairy industry.
Violations of these regulations can lead to significant civil or criminal consequences. Although the specific penalties are not detailed within the text, breaches of the Dairy Industry Stabilization Act 1977 could result in fines or other penalties as prescribed by the relevant legislation. The exact penalties would be determined by the courts based on the severity and nature of the breach. Ensuring compliance with these regulations is crucial to avoid any potential legal repercussions.