Dairy Produce Levy (No. 1) Amendment Act 1997

Overview

The Dairy Produce Levy (No. 1) Amendment Act 1997 is an Act enacted by the Parliament of Australia to amend the Dairy Produce Levy (No. 1) Act 1986. This amendment introduced a new levy, known as the Australian Animal Health Council levy, to be imposed on relevant dairy produce produced on or after 1 July 1997 or 1 July 1998, depending on when the Act received Royal Assent. The primary policy objective was to provide funding for the Australian Animal Health Council, reflecting a need to support animal health initiatives within the dairy industry. The Act specifies the levy rate and the circumstances under which it applies, while also making amendments to relevant sections of the original Act to accommodate the new levy.

Scope and Application

The Dairy Produce Levy (No. 1) Amendment Act 1997 applies to entities involved in the production and sale of dairy products in Australia, specifically targeting those who are subject to the original Dairy Produce Levy (No. 1) Act 1986. This amendment Act introduces an additional levy, known as the Australian Animal Health Council levy, on relevant dairy produce produced after certain dates, depending on when the Act receives Royal Assent. The amendment also modifies existing levies to reflect the new financial requirements. The Act operates within the Commonwealth jurisdiction, affecting entities across Australia. Notably, certain provisions of the Act do not commence if the Act receives Royal Assent on or after 1 July 1997 or before 1 July 1997, as specified in the commencement section. The Act allows for further regulation and refinement through subordinate instruments, which must take into account reports from the executive of the Australian Dairy Farmers’ Federation Limited before setting rates for the Australian Animal Health Council levy.

Key Provisions

The Dairy Produce Levy (No. 1) Amendment Act 1997 introduces significant changes to the existing Dairy Produce Levy (No. 1) Act 1986. The primary modifications include the introduction of a new levy, the Australian Animal Health Council levy, which applies to certain dairy produce produced after specific dates depending on when the Act receives Royal Assent (sections 3, 4). This levy is imposed in addition to the existing levies on dairy produce as outlined in section 5(1)(a) or (b) of the original Act. The new levy is defined in section 5(1)(g) and is calculated per kilogram of relevant dairy produce. The rates for the new levy are specified in section 10 and section 11, where the original rates are adjusted to accommodate the new levy. The Act imposes several obligations on the parties involved. Firstly, the Australian Animal Health Council levy must be imposed on the specified dairy produce, and this levy must be considered in any regulations prescribing rates for the original levies (sections 5(1)(g), 14(2), 14(2A)). Producers of relevant dairy produce are required to account for this additional levy in their production records and ensure compliance with the new requirements. Additionally, the Governor-General is mandated to consider reports from the Federation’s executive before making regulations related to the new levy (section 14(2A)). Breaches of the Act may lead to various civil and criminal consequences. While specific offences and penalties are not detailed in the provided text, the general framework of the Act suggests that failure to comply with the new levy requirements could result in legal action. The precise penalties would depend on the nature and extent of the non-compliance, but could include fines or other civil remedies. It is essential for parties subject to the Act to adhere to the new provisions to avoid potential legal repercussions.