Dairy Produce Levy (No. 1) Amendment Act 1996

Overview

The Dairy Produce Levy (No. 1) Amendment Act 1996 was enacted by the Parliament of Australia to address gaps and provide amendments to the original Dairy Produce Levy (No. 1) Act 1986. This legislation was designed to update and refine the mechanisms for levying on certain dairy produce and products, ensuring that the regulatory framework remained aligned with contemporary agricultural practices and economic conditions. The policy objective of this amendment was to enhance the precision and administration of the dairy levies, particularly focusing on the timing and conditions under which the levies apply, and the basis on which they are calculated. By amending the original act, the legislation aimed to provide clearer guidelines and improve the effectiveness of the levy system in supporting the dairy industry.

Scope and Application

The Dairy Produce Levy (No. 1) Amendment Act 1996 applies to producers and manufacturers of certain dairy products in Australia. It amends the Dairy Produce Levy (No. 1) Act 1986 to adjust the scope of the levy imposed on dairy produce, particularly in relation to the milk fat and protein content. The amendment specifically targets relevant dairy produce supplied by producers during a month ending before 1 July 2000 and in relation to which the producer has received, or is entitled to receive, a payment relating to liquid milk for human consumption in Australia. The Act affects the entire Australian jurisdiction, as it is a Commonwealth Act. It imposes a market milk levy on specified dairy produce before it leaves the farm where it was produced and before it is delivered to or used by the manufacturer. The Act does not explicitly mention any exclusions, exemptions, or thresholds, but its detailed provisions imply that it applies to specific transactions involving the supply and processing of certain dairy products within the specified timeframe. The Act may be further extended or restricted through subordinate instruments, but the provided text does not elaborate on this aspect.

Key Provisions

The main operative sections of the Dairy Produce Levy (No. 1) Amendment Act 1996 (section 3) detail amendments to the Dairy Produce Levy (No. 1) Act 1986. These changes include alterations to the title of the 1986 Act, modifications to the levy imposed on certain dairy produce, and updates to definitions and scope of the levy. Specifically, the amendments introduce a new levy based on the protein content of dairy produce and modify the timing and conditions under which the levy is imposed (Schedule 1, items 1-8). For instance, the market milk levy is now imposed on relevant dairy produce supplied by producers before 1 July 2000, for which the producer has received, or is entitled to receive, a payment relating to liquid milk for human consumption in Australia (Schedule 1, item 2). Additionally, the scope of the levy is expanded to include instances where a levy is imposed under specific paragraphs (Schedule 1, items 3-8). The Act imposes several obligations and requirements on the parties it governs. Producers of dairy produce must now account for the protein content of their produce when determining the applicable levy. The levy is imposed on dairy produce before it leaves the farm where it was produced, and before it is delivered to or used by a manufacturer (Schedule 1, items 5-8). The amendments also clarify the conditions under which the levy applies, ensuring that it is levied based on the content of the produce at specific points in the production and supply chain (Schedule 1, items 4-8). Furthermore, the Act mandates that the milk fat content or the protein content of the relevant dairy produce be considered when calculating the levy (Schedule 1, item 9). Failure to comply with the provisions of the Dairy Produce Levy (No. 1) Amendment Act 1996 may result in various consequences. Although the Act itself does not specify the exact penalties for non-compliance, breaches of similar legislative requirements typically result in civil or criminal penalties under other related Acts. These can include fines, imprisonment, or both, depending on the severity and intent of the breach. For instance, penalties under the Dairy Produce Act 1995 may apply, where contraventions can lead to fines of up to $55,000 for individuals and $275,000 for bodies corporate, as well as potential imprisonment terms. The exact penalties would depend on the specific circumstances of the breach and the jurisdiction in which it occurs.