Dairy Produce Levy (No. 1) Amendment Act 1988

Overview

The Dairy Produce Levy (No. 1) Amendment Act 1988 was enacted to amend the Dairy Produce Levy (No. 1) Act 1986. This legislation was introduced to address issues within the existing framework of dairy produce levies, likely aiming to refine or adjust the financial and regulatory landscape for the dairy industry in Australia. The Act was assented to on 11 May 1988, and it received royal assent, marking its formal adoption into law by the Queen, with the concurrence of both the Senate and the House of Representatives of the Commonwealth of Australia. Notably, the policy objective of the Act is to modify certain provisions of the principal Act, specifically targeting subsections (3) and (4) of Section 9, to potentially enhance the efficiency or fairness of the levy system. This amendment signifies an effort to align the legislative measures more closely with the evolving needs of the dairy industry.

Scope and Application

The Dairy Produce Levy (No. 1) Amendment Act 1988 applies to the amendment of the Dairy Produce Levy (No. 1) Act 1986, focusing specifically on the imposition of a levy on dairy produce within the Commonwealth of Australia. This Act is applicable to entities involved in the production, processing, or distribution of dairy products, ensuring that they adhere to the specified levy requirements. The geographic reach of this Act is national, impacting all states and territories within Australia. The Act does not explicitly state exclusions or exemptions but implies that all relevant entities within the dairy industry are subject to the levy unless otherwise specified through subordinate instruments. The application of this Act extends through amendments to the Principal Act, allowing for further adjustments and specifications through regulations or orders under the authority of the relevant legislation.

Key Provisions

The main operative sections of the Dairy Produce Levy (No. 1) Amendment Act 1988 pertain to the amendment of the Dairy Produce Levy (No. 1) Act 1986. Specifically, section 3 of this amending Act removes subsections (3) and (4) from section 9 of the Principal Act. This adjustment indicates a modification to the levy’s structure or the parameters under which it is applied, though the exact nature of these changes is not detailed within the provided text. The act also includes provisions regarding its citation and commencement, with sections 1 and 2 coming into effect upon receiving Royal Assent, while section 3 is deemed to have commenced on 1 July 1986. The obligations imposed by this amending Act primarily involve the entities or parties governed by the Principal Act, which are presumably dairy producers or those involved in the dairy industry. With the removal of subsections (3) and (4) from section 9, there is an implicit obligation for these parties to comply with the new legislative framework established by the amendment. This may involve adjustments in how they calculate, report, or pay the dairy produce levy as per the revised conditions. In terms of offences, penalties, or consequences for breach, the provided text does not explicitly state any specific criminal or civil penalties related to the amendments. However, non-compliance with the levy regulations, as amended by this Act, could potentially lead to enforcement actions under the Principal Act. Depending on the severity and intent behind the non-compliance, parties might face legal actions, fines, or other administrative penalties as stipulated in the broader regulatory environment governing the dairy industry in Australia. The exact penalties would be determined by the relevant authorities and in accordance with the prevailing laws and regulations at the time of the breach.