Dairy Produce Regulations (Amendment) 1995 No. 209
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 209
Issued by the Authority of the Minister for Primary Industries and Energy
Dairy Produce Act 1986
Dairy Produce Regulations (Amendment)
The Dairy Produce Act 1986 (the Act) relates to the functions of the Australian Dairy Corporation, the marketing and export of dairy produce, and the operation of the dairy market support arrangements for manufacturing milk products. The Act works in conjunction with the Dairy Produce Levy (No. 1) Act 1986, the Dairy Produce Levy (No. 2) Act 1986, and the Primary Industries Levies and Charges Collection Act 1991.
A new domestic market support scheme for the dairy industry commenced on 1 July 1995 and ends on 30 June 2000. The implementation of these new dairy market support arrangements were necessitated by Australia's commitments under the Uruguay Round of Trade Negotiations. 'Die impact of the new scheme is to deliver the same level of support to manufacturing milk producers as that which would have been provided under the current scheme, had it continued until its original termination on 30 June 2000.
Support for manufacturing milk producers is be obtained through an inter-sectoral transfer from market milk producers via the market milk levy and through a financial transfer from domestic consumers via the levy paid by manufacturers. Manufacturers can recoup the levy, through the price to domestic consumers or through an export rebate.
The new dairy market support arrangements, including levy impositions and payments of rebates, are based on the milk fat and protein content of milk. This is consistent with the basis of payments for milk supplied by producers.
Section 111A of the Act provides for the milk fat content and protein content of dairy produce to be prescribed where it is not known, for the purposes of levy imposition and collection and payment of export rebates under the relevant provisions of the above Acts.
The specified fat and Protein contents of dairy produce have been provided by the Australian Dairy Corporation following consultation with the dairy industry.
Details of the Regulations are as follows.
Regulation 1 the Regulations commenced on 1 July 1995.
Regulation 2 provides for the Dairy Produce Regulations to be amended.
Regulation 3 amends Regulation 8 (Authorised Agent) by changing the reference to the Schedule to the Schedule to Schedule 1.
Regulation 4 repeals Regulation 13 as there no longer exists a scheme for providing special rates of market support payments for underwritten dairy products.
Regulation 5 repeals Regulation 14 as the scheme for underwritten dairy products no longer exists.
Regulation 6 repeals Regulation 15 as the scheme for underwritten dairy products no longer exists.
Regulation 7 inserts a new Part IV - Miscellaneous, which prescribes the milk fat and protein contents of a kind of dairy produce in Schedule 2 as percentages of the total content of the kind of dairy produce, and which prescribes the milk fat and protein contents of a class of dairy produce as a percentage of the total content of the elms of dairy produce in Schedule 3.
Regulation 8 provides that the heading "Schedule" to be replaced with the heading "Schedule 1".
Regulation 2 provides for the insertion of Schedules 2 and 3. Schedule 2 prescribes the kinds of dairy produce and their milk fat and protein content percentages. Schedule 3 prescribes the milk fat and protein content percentages for dairy produce classes.
Overview
The Dairy Produce Regulations (Amendment) 1995 No. 209 were enacted to address the changes required in the regulation of dairy produce following Australia's commitments under the Uruguay Round of Trade Negotiations. This legislative amendment was issued by the authority of the Minister for Primary Industries and Energy and operates in conjunction with the Dairy Produce Act 1986. The primary policy objective was to implement a new domestic market support scheme for the dairy industry, effective from 1 July 1995 to 30 June 2000, ensuring continued support for manufacturing milk producers. The new scheme included modifications to the milk fat and protein content-based levies and rebates, reflecting the new market support arrangements. This regulation sought to ensure the continued operation of the dairy market support arrangements in line with the new economic environment and international obligations.
Scope and Application
The Dairy Produce Regulations (Amendment) 1995 No. 209 applies to the regulation of the Australian dairy industry, specifically concerning the functions of the Australian Dairy Corporation and the marketing and export of dairy products. This regulation is an amendment to the Dairy Produce Act 1986, which is designed to implement new dairy market support arrangements in response to Australia's obligations under the Uruguay Round of Trade Negotiations. The new domestic market support scheme, effective from 1 July 1995 to 30 June 2000, ensures that manufacturing milk producers receive the same level of support as under the previous scheme. The amendment introduces changes to the basis of levy impositions and export rebates, aligning them with the milk fat and protein content of milk. These regulations also include amendments to the authorised agent provisions and the repeal of specific regulations related to the underwritten dairy products scheme, reflecting the industry's transition to new support mechanisms.
Key Provisions
The Dairy Produce Regulations (Amendment) 1995 No. 209 introduces significant changes to the existing Dairy Produce Regulations, which are made under the Dairy Produce Act 1986. These amendments commence on 1 July 1995, aligning with the introduction of a new domestic market support scheme for the dairy industry that runs until 30 June 2000. This new scheme was necessitated by Australia's commitments under the Uruguay Round of Trade Negotiations. Regulation 1 formally initiates these amendments, while Regulation 2 mandates the amendment of the existing Dairy Produce Regulations.
The key provisions of these amendments include the introduction of new schedules that detail the milk fat and protein contents of various kinds and classes of dairy produce (Regulation 7). Regulation 3 adjusts the reference to the Schedule to reflect these new amendments. Additionally, Regulations 4 and 5 repeal outdated provisions related to underwritten dairy products, as these products are no longer part of the scheme. Regulation 6 further repeals another provision that is now redundant. Regulation 8 modifies the heading of the Schedule to "Schedule 1" to better reflect the structure of the new schedules introduced by Regulations 2, 7, and 8.
These regulations impose several obligations on the parties governed by them. Firstly, they require the Australian Dairy Corporation to specify the milk fat and protein contents of dairy produce for levy imposition and rebate payments, as outlined in Section 111A of the Act. The obligations also include ensuring that the new support scheme is implemented in line with the commitments made under the Uruguay Round of Trade Negotiations. Additionally, the amendments require the dairy industry to comply with the newly prescribed milk fat and protein contents specified in Schedules 2 and 3.
Failure to comply with these regulations may result in legal consequences. Although the specific offences, penalties, and consequences for breach are not detailed in the explanatory statement, it is reasonable to infer that non-compliance with statutory regulations often results in civil or criminal penalties under the governing Act. These penalties could include fines, legal actions, or other administrative sanctions designed to enforce compliance with the legislative framework. The exact nature and severity of these penalties would typically be outlined in the Dairy Produce Act 1986 or related legislation.