DAIRY PRODUCE LEVY.
No. 40 of 1964.
An Act to amend the Dairy Produce Levy Act 1958.
[Assented to 28th May, 1964.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Dairy Produce Levy Act 1964.
(2.) The Dairy Produce Levy Act 1958 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Dairy Produce Levy Act 1958-1964.
Commencement.
2. This Act shall come into operation on a date to be fixed by Proclamation.
Definition.
3. Section three of the Principal Act is amended by omitting the definition of “dairy produce” and inserting in its stead the following definitions:—
“‘butteroil’ does not include butteroil manufactured from, or by the treatment of, butter;
“‘dairy produce’ means butter, butteroil, butter powder, cheese and ghee;
“‘ghee’ means clarified fat of cow’s milk manufactured otherwise than from, or by the treatment of, butter;”.
Rates of levy on butter and butter powder.
4. Section six of the Principal Act is amended by inserting in sub-section (1.), after the word “butter” (wherever occurring), the words “or butter powder”.
5. After section seven of the Principal Act the following section is inserted:—
Rates of levy on butteroil and ghee.
“7a.—(1.) Subject to the next succeeding sub-section, the amount of levy in respect of any butteroil or ghee shall consist of the sum of—
(a) such amount for each pound of the butteroil or ghee as is from time to time prescribed for the purposes of this paragraph; and
(b) such amount for each pound of the butteroil or ghee as is from time to time prescribed for the purposes of this paragraph.
“(2.) The amounts prescribed for the purposes of the last preceding sub-section shall be such that the sum of those amounts does not exceed fifteen sixty-fourths of a penny.”.
Regulations.
6. Section twelve of the Principal Act is amended—
(a) by omitting from sub-section (2.) the words “or seven” and inserting in their stead the words “, seven or seven a”; and
(b) by omitting from sub-section (3.) the words “or paragraph (a) of sub-section (1.) of section seven” and inserting in their stead the words “paragraph (a) of sub-section (1.) of section seven or paragraph (a) of sub-section (1.) of section seven a”.
Overview
The Dairy Produce Levy Act 1964 was enacted to amend the existing Dairy Produce Levy Act 1958. This Act was introduced to address the need for updated definitions and revised rates of levy for dairy products, particularly butter, butter powder, butteroil, cheese, and ghee. Enacted by the Parliament of the Commonwealth of Australia, the legislation aimed to refine the regulatory framework surrounding the levy on these products, ensuring that the rates and definitions were accurately aligned with the current practices and standards of the dairy industry. The policy objective was to provide a more precise and effective means of collecting levies on dairy produce, thereby ensuring the smooth operation of the industry within the legal framework provided by the Commonwealth.
Scope and Application
The Dairy Produce Levy Act 1964 amends the Dairy Produce Levy Act 1958, providing specific regulations on the levy applicable to certain dairy products. This Act applies to all entities involved in the production, processing, or distribution of dairy products such as butter, butter powder, butteroil, cheese, and ghee within the Commonwealth of Australia. The Act establishes a levy on these products, with specific rates prescribed for butter and butter powder, and introduces new levies for butteroil and ghee. The geographical reach of this Act is national, applying uniformly across all states and territories within Australia. The Act allows for adjustments to the levy rates through subordinate instruments, thereby extending its regulatory application. Certain products, such as butteroil manufactured from butter, are specifically excluded from the definition of dairy produce under this Act. The amendments also extend to the regulatory framework, ensuring that the updated definitions and levy rates are effectively implemented across the dairy industry.
Key Provisions
The Dairy Produce Levy Act 1964 amends the Dairy Produce Levy Act 1958 (referred to as the Principal Act). The Act introduces new definitions and levy rates for dairy products. Specifically, section 4 of the Act amends section six of the Principal Act by adding "butter powder" to the list of items subject to the levy. Section 7a introduces new levy rates for "butteroil" and "ghee", specifying that the total levy cannot exceed fifteen sixty-fourths of a penny per pound.
The Act imposes obligations on parties involved in the production and handling of dairy products. Producers of dairy products such as butter, butteroil, butter powder, cheese, and ghee must comply with the specified levy rates. The Act also mandates that these rates are subject to change through regulation, as outlined in section 6, which amends section twelve of the Principal Act to include the new definitions and levy rates in the regulatory framework.
Failure to comply with the provisions of the Dairy Produce Levy Act 1964 can result in legal consequences. Although specific offences and penalties are not detailed in the excerpt provided, the Act implies that non-compliance with the prescribed levy rates or other provisions could lead to legal action. The severity of penalties is not explicitly stated in this excerpt, but it can be inferred that penalties would be set forth in the regulations or through judicial interpretation in the event of a breach.