Dairy Produce Levy (No. 1) Amendment Act 1989

Overview

The Dairy Produce Levy (No. 1) Amendment Act 1989 was enacted by the Commonwealth Parliament to amend the Dairy Produce Levy (No. 1) Act 1986. This amendment was introduced to address the need for additional funding mechanisms specifically directed towards exotic animal disease control, which was a growing concern for the Australian dairy industry at the time. The Act seeks to impose a new levy on the milk fat content of relevant dairy produce, specifically designated for funding measures to prevent and control exotic animal diseases. This levy, known as the exotic animal disease levy, is designed to complement existing levies for milk fat and research purposes, thereby ensuring a dedicated revenue stream for disease control initiatives. The policy objective is to safeguard Australia's livestock industry by bolstering preparedness and response to potential exotic animal disease outbreaks.

Scope and Application

The Dairy Produce Levy (No. 1) Amendment Act 1989 amends the Dairy Produce Levy (No. 1) Act 1986, introducing an additional levy, the exotic animal disease levy, which is imposed on the milk fat content of relevant dairy produce sold before 1 July 1995. This Act applies to all entities involved in the sale of dairy produce, particularly those that have a milk fat content to which the levy can be applied. The geographic reach of this Act is the Commonwealth, as it is an Australian federal legislation. The Act does not explicitly exclude any specific entities or industries but is applicable broadly to the dairy industry, including farmers, processors, and distributors of dairy produce. The Act extends its application through subordinate instruments, specifically regulations that will prescribe the rate of the exotic animal disease levy, which must consider recommendations made by the Exotic Animal Disease Preparedness Consultative Council as nominated by the National Farmers’ Federation.

Key Provisions

The Dairy Produce Levy (No. 1) Amendment Act 1989 introduces significant amendments to the existing Dairy Produce Levy (No. 1) Act 1986. This legislation primarily focuses on the imposition of an additional levy, the exotic animal disease levy, on the milk fat content of relevant dairy produce. Specifically, section 4 of the Principal Act amends the definition of “milk fat levy” to include “the research levy or the exotic animal disease levy,” effectively expanding the scope of levies imposed on milk fat content (section 4). Furthermore, section 5 of the Principal Act is amended to include the exotic animal disease levy in the list of levies imposed, and to specify that this levy applies only to dairy produce sold before 1 July 1995 (section 5). The Act imposes several obligations on parties involved in the dairy industry. Firstly, it mandates the imposition of the exotic animal disease levy on the milk fat content of relevant dairy produce sold before 1 July 1995 (section 5(3a)). The rate of this levy is determined by the Governor-General, taking into account recommendations from the Exotic Animal Disease Preparedness Consultative Council, and must not exceed 0.066 cents per kilogram of milk fat content (section 5(4a) and section 7(4a)). Additionally, section 14 of the Principal Act is amended to require that any regulations prescribing the rate of the exotic animal disease levy consider recommendations from the Council and cannot exceed the last recommended rate by the Council members (section 14(4)). Failure to comply with the provisions of this Act may result in various consequences. While the Act itself does not explicitly detail specific offences, penalties, or consequences for breaches, it is reasonable to infer that non-compliance with the amended levies and regulations could potentially lead to enforcement actions under the Principal Act or other relevant legislation. Such actions might include fines, legal proceedings, or other administrative penalties, though the exact nature and extent of these consequences would need to be determined based on the specific circumstances and applicable laws at the time of any alleged breach.