Dairy Produce Amendment Act 1992
No. 67 of 1992
An Act to amend the Dairy Produce Act 1986
[Assented to 26 June 1992]
The Parliament of Australia enacts:
Short title etc.
1.(1) This Act may be cited as the Dairy Produce Amendment Act 1992.
(2) In this Act, “Principal Act” means the Dairy Produce Act 19861.
Commencement
2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) Section 6 commences on 1 July 1992.
Application of Industry Fund
3. Section 88 of the Principal Act is amended:
(a) by inserting after paragraph (1)(a) the following paragraphs:
“(ab) in meeting the expenses of the Corporation in performing its functions under paragraphs 7(a), (b) and (c);
(ac) in payments to the Council to enable the Council to acquire real property;”;
(b) by adding at the end the following subsections:
“(3) The Corporation may not expend any amount standing to the credit of the Industry Fund for a purpose specified in paragraph (1)(ab), (ac), (b), (c), (k) or (m) without the written approval of the Minister.
“(4) The approval of the Minister:
(a) must be given by notice in writing; and
(b) may be subject to conditions specified in the notice.”.
Application of the Promotion Fund
4. Section 91 of the Principal Act is amended by inserting after paragraph (a) the following paragraph:
“(aaa) in meeting the expenses of the Corporation in performing its functions under paragraphs 7(a), (b) and (c);”.
Market support payments
5. Section 94 of the Principal Act is amended by omitting from paragraph (1)(b) “1992” and substituting “2000”.
Rate of market support payments in relation to prescribed dairy produce
6. Section 95 of the Principal Act is amended:
(a) by omitting from paragraph (4)(a) “30%” and substituting “the percentage that under subsection (4A) is the percentage applicable in relation to prescribed dairy produce exported at that time”;
(b) by inserting after subsection (4) the following subsection:
“(4A) For the purposes of paragraph (4)(a), the percentage applicable in relation to prescribed dairy produce exported at any time during the financial year specified in Column 2 of an item in the following Table is the percentage specified in Column 3 of that item.
TABLE |
Column 1 | Column 2 | Column 3 |
Item | Financial | |
No. | year | % |
1 | 1992-93 | 22 |
2 | 1993-94 | 20.286 |
3 | 1994-95 | 18.572 |
4 | 1995-96 | 16.858 |
5 | 1996-97 | 15.144 |
6 | 1997-98 | 13.43 |
7 | 1998-99 | 11.716 |
8 | 1999-2000 | 10 |
(c) by omitting from subsection (6) “that is less than 30%” and substituting “(being a percentage that is less than the percentage that, apart from the determination, would be the relevant percentage in force at that time in relation to that dairy produce)”.
Special rates on market support payments for underwritten dairy produce
7. Section 98 of the Principal Act is amended:
(a) by inserting before subsection (1) the following subsection:
“(1A) In this section:
‘subsequent financial year’ does not include a financial year after the financial year beginning on 1 July 1991.”;
(b) by inserting in subsection (1) “(not being a year after 1991)” after “year” (first occurring).
Winding-up of Market Support Fund
8. Section 102 of the Principal Act is amended by omitting from subsection (1) “1992” and substituting “2000”.
Repeal of Division
9. Division 5 of Part VII of the Principal Act is repealed.
NOTE
1. No. 54, 1986, as amended. For previous amendments, see No. 168, 1986; Nos. 162 and 141, 1987; Nos. 51, 111 and 114, 1988; Nos. 129 and 130, 1989; Nos. 15 and 17, 1990; and Nos. 26 and 39, 1991.
[Minister’s second reading speech made in—
House of Representatives on 6 May 1992
Senate on 28 May 1992]
Overview
The Dairy Produce Amendment Act 1992, enacted by the Parliament of Australia, is a legislative response to the need for updating and refining the regulatory framework governing the Australian dairy industry. This Act serves to amend the Dairy Produce Act 1986 by addressing specific financial provisions and operational aspects of the industry. The policy objective is to ensure the effective management and financial oversight of industry funds, enhance market support mechanisms, and align the legislative framework with current industry needs and economic conditions. The Act introduces amendments that extend the timeframe for the winding-up of the Market Support Fund, adjusts the rates and application of market support payments, and modifies the allocation and expenditure of industry funds to better support the industry's promotional and operational activities.
Scope and Application
The Dairy Produce Amendment Act 1992 applies to the entities and transactions governed by the Dairy Produce Act 1986, which it seeks to amend. Specifically, the Act modifies provisions related to the application of funds within the industry and promotion funds, extends the timeframe for market support payments, adjusts the rates for such payments based on the financial year and type of dairy produce, introduces special rates for underwritten dairy produce, extends the winding-up period of the Market Support Fund, and repeals certain sections of the Principal Act. This Act operates within the Commonwealth jurisdiction of Australia and may be further defined or extended through subordinate instruments. The Act does not specify exclusions or exemptions, thus presumably applying to all relevant entities and transactions unless otherwise stated in subsidiary legislation or judicial interpretation.
Key Provisions
The Dairy Produce Amendment Act 1992 (C2004A04358) amends the Dairy Produce Act 1986 (the Principal Act). Section 3 of the Amendment Act modifies the application of the Industry Fund by inserting new purposes for the fund, specifically to meet expenses of the Corporation in performing certain functions and to enable the Council to acquire real property. It also mandates that any expenditure from the Industry Fund for these purposes must receive written approval from the Minister, which may include conditions. Section 4 further amends the Principal Act to include meeting the expenses of the Corporation in performing certain functions as a purpose for the Promotion Fund. Section 6 of the Amendment Act extends the period for market support payments until 2000, as opposed to the original 1992 date in the Principal Act. Additionally, Section 7 modifies the rate of market support payments to correspond with a percentage applicable to prescribed dairy produce exported at a given time, outlined in a specified table, and adjusts the relevant percentage for underwritten dairy produce.
Entities governed by the Dairy Produce Act 1986, such as the Corporation and the Council, are subject to specific obligations under the Amendment Act. The Corporation must ensure that any expenditure from the Industry Fund for purposes outlined in the amended Section 88 must be approved by the Minister in writing, potentially with conditions. The Council, in its capacity to acquire real property, must also seek such approval. Furthermore, the Corporation's expenses related to specified functions must be met from the Promotion Fund as per the amended Section 91. The obligation to provide market support payments is extended until 2000, necessitating adjustments in financial planning and budget allocations for these entities.
The Amendment Act introduces potential consequences for non-compliance with its provisions. Although specific offences and penalties are not detailed in the provided text, breaches of the conditions set forth by the Minister's approval for Industry Fund expenditures could result in civil or administrative penalties. Failure to comply with the requirement to seek and obtain the Minister's written approval before making expenditures or failing to adhere to the extended timeline for market support payments could also lead to civil consequences. The exact nature and extent of these penalties are not specified within the excerpt but would typically be outlined in the Principal Act or subsequent regulations.