Dairy Produce Research and Sales Promotion Act 1965

Overview

The Dairy Produce Research and Sales Promotion Act 1965, enacted by the Australian Parliament, amends the Dairy Produce Research and Sales Promotion Act 1958-1964 to address certain administrative and fiscal gaps identified in the original legislation. The primary objective of this Act is to streamline the administration of levies on dairy products by aligning them with the provisions of the Butter Fat Levy Act 1965. This alignment ensures that the levies collected are accurately categorised and managed, thereby enhancing the effectiveness of the research and sales promotion activities funded by these levies. The Act also allows for the continued recommendation of levy rates by the relevant committee, facilitating a dynamic and responsive approach to the needs of the dairy industry.

Scope and Application

The Dairy Produce Research and Sales Promotion Act 1965 applies to entities involved in the dairy industry, particularly those subject to levies under the Butter Fat Levy Act 1965, and amends the Dairy Produce Research and Sales Promotion Act 1958-1964. This Act is a Commonwealth legislation, therefore it has a national reach across Australia, affecting all entities engaged in the dairy industry that are subject to the relevant levies. The Act provides for the allocation of funds received from specified levies to a research account and a sales promotion fund, ensuring that monies from the Butter Fat Levy Act are appropriately directed towards research and promotion activities. The Act does not explicitly state any exclusions or exemptions, though the scope of application is inherently tied to entities subject to the levy provisions under the Butter Fat Levy Act. Furthermore, the Act may be extended or restricted through subordinate instruments, although such details are not specified within the text of the primary Act.

Key Provisions

The Dairy Produce Research and Sales Promotion Act 1965 amends the original Dairy Produce Research and Sales Promotion Act 1958-1964, and introduces changes primarily in the way that levies on dairy products are accounted for and used for research and promotion purposes. Section 3 amends the Principal Act to specify that the amounts to be paid into the Research Account are now those derived from the Butter Fat Levy Act 1965, rather than continuing to use the amounts from the Dairy Produce Levy Act 1958-1964. This change is effective from the commencement date of the 1965 Act, which is the 1st of July, 1965. Section 4 further refines this change by ensuring that any future levies collected under the Dairy Produce Levy Act 1958-1964 are considered as if they were collected under the Butter Fat Levy Act 1965 for the purposes of the Principal Act. The Act imposes specific obligations on the relevant parties to ensure compliance with these levy amendments. The Committee, as referenced in section 16, has the responsibility to make recommendations to the Board regarding the rates of levy on butter fat. This ensures that the levies collected are appropriate and align with the goals of the Act. The Board is then tasked with acting on these recommendations, ensuring that the funds collected are directed towards the correct purposes. Additionally, the Secretary to the Department of Primary Industry must correctly account for and transfer the specified levy amounts into the Research Account, as stipulated in section 3, and into the Dairy Produce Sales Promotion Fund, as outlined in section 5. Failure to comply with the provisions of this Act may result in legal consequences. Although the Act does not explicitly detail specific penalties, breaches of related legislation, such as the Butter Fat Levy Act 1965 or the Dairy Produce Levy Act 1958-1964, could attract penalties as defined in those respective Acts. For instance, penalties for non-compliance with levy collection and payment could involve fines or other financial penalties as stipulated in the levy Acts themselves. Additionally, the failure to appropriately account for or use the levies as prescribed by the Act could lead to civil or administrative actions for mismanagement of funds or non-compliance with statutory obligations.