Dairy Produce Amendment (Dairy Service Levy Poll) Act 2016
No. 30, 2016
An Act to amend the Dairy Produce Act 1986, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments
Dairy Produce Act 1986
Dairy Produce Amendment (Dairy Service Levy Poll) Act 2016
No. 30, 2016
An Act to amend the Dairy Produce Act 1986, and for related purposes
[Assented to 23 March 2016]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Dairy Produce Amendment (Dairy Service Levy Poll) Act 2016.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 23 March 2016 |
2. Schedule 1 | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 23 September 2016 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Dairy Produce Act 1986
1 Division 3 of Part II
Repeal the Division, substitute:
Division 3—Polls and recommendations about amount of dairy service levy
9 Polls and recommendations about amount of dairy service levy
(1) The industry services body must conduct a poll (the levy poll) about the amount of the dairy service levy if a request for the levy poll is made in accordance with the legislative instrument made under this section.
(2) The industry services body must conduct the levy poll in accordance with the legislative instrument made under this section.
(3) If the industry services body conducts a levy poll, the body must make recommendations to the Minister about the amount of the dairy service levy within the period specified in the legislative instrument made under this section. The recommendations must be made in accordance with the results of the levy poll.
(4) The Minister may, by legislative instrument, make provision for, or in relation to, the following:
(a) the making of a request for a levy poll;
(b) the conduct of a levy poll;
(c) the making of recommendations to the Minister about the amount of the dairy service levy.
(5) Without limiting paragraph (4)(a), the legislative instrument may make provision for, or in relation to, the following:
(a) the persons or bodies who may request a levy poll;
(b) the circumstances in which a request for a levy poll may or must be made;
(c) the form of a request for a levy poll.
(6) Without limiting paragraph (4)(b), the legislative instrument must include provisions allocating votes to each dairy service levy payer.
[Minister’s second reading speech made in—
House of Representatives on 11 February 2016
Senate on 24 February 2016]
Overview
The Dairy Produce Amendment (Dairy Service Levy Poll) Act 2016 was enacted by the Parliament of Australia on 23 March 2016, and it is aimed at amending the Dairy Produce Act 1986. This legislation was introduced to address the need for a more transparent and democratic process in determining the amount of the dairy service levy. Specifically, the Act mandates that the industry services body must conduct a poll, referred to as the levy poll, if a request for such a poll is made in accordance with a legislative instrument. Following the poll, the industry services body is required to make recommendations to the Minister regarding the amount of the dairy service levy, based on the poll results. The policy objective of this amendment is to ensure that the determination of the dairy service levy amount incorporates the views of the stakeholders, thereby enhancing the democratic process and potentially improving the satisfaction and compliance among levy payers.
Scope and Application
The Dairy Produce Amendment (Dairy Service Levy Poll) Act 2016 amends the Dairy Produce Act 1986, focusing on the conduct of polls and recommendations regarding the amount of the dairy service levy. This Act applies to the industry services body and to the Minister for Agriculture, who are responsible for conducting the poll and making recommendations about the levy amount, respectively. The Act applies nationally, affecting the dairy industry across Australia. The scope of this legislation includes the procedural aspects of levy polls, such as the allocation of votes to each dairy service levy payer and the legislative instruments that govern the process. The Act allows for the creation of subordinate legislation to specify detailed procedures and requirements, which can extend or restrict the application of the Act. The commencement of the Act’s provisions occurred on the date of Royal Assent, 23 March 2016, with certain provisions starting on a date to be fixed by proclamation, but no later than 23 September 2016. The Act does not explicitly state exclusions, exemptions, or thresholds within the provided text, but the detailed provisions are expected to be outlined in the legislative instruments made under this Act.
Key Provisions
The Dairy Produce Amendment (Dairy Service Levy Poll) Act 2016 amends the Dairy Produce Act 1986, particularly focusing on the process for determining the amount of the dairy service levy. Section 1 of the Act allows for the repeal of Division 3 of Part II of the Dairy Produce Act 1986 and substitutes it with new provisions. Specifically, Section 9 outlines that the industry services body must conduct a poll (referred to as the levy poll) about the amount of the dairy service levy if a request for such a poll is made in accordance with a legislative instrument. This legislative instrument provides the framework for how the poll should be requested, conducted, and how the results should be used to make recommendations to the Minister about the levy amount.
The obligations under the Act are primarily placed on the industry services body. This body must conduct the levy poll as specified in the legislative instrument and must make recommendations to the Minister about the dairy service levy amount based on the poll results. The Minister, on the other hand, has the authority to make legislative instruments that govern the process of requesting, conducting, and using the results of the levy poll. These instruments must include provisions for allocating votes to each dairy service levy payer.
Breaches of the provisions outlined in the Act can lead to civil and criminal consequences. While the specific penalties are not detailed in the provided excerpt, it is implied that failure to comply with the requirements for conducting the poll, making recommendations, or adhering to the legislative instruments could result in legal action. The exact nature and severity of the penalties would be determined based on the specific breach and the relevant legislative provisions. The Act emphasises the importance of following the prescribed procedures to ensure the proper administration of the dairy service levy.