Dairy Produce Sales Promotion Act 1972

Overview

The Dairy Produce Sales Promotion Act 1972 was enacted by the Commonwealth of Australia to amend the Dairy Produce Research and Sales Promotion Act 1958-1965. This legislation was introduced to address the need to streamline and modernise the regulatory framework governing the dairy industry, particularly focusing on sales promotion activities while discontinuing certain research functions. The Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives, reflecting its significance at the federal level. The policy objective, as implicit in the amendments, is to refine the legislative approach by eliminating outdated provisions related to research, thereby allowing the Australian Dairy Produce Board to continue with approved research activities under the new framework without interruption.

Scope and Application

The Dairy Produce Sales Promotion Act 1972 amends the Dairy Produce Research and Sales Promotion Act 1958-1965 and applies to the Australian Dairy Produce Board and other relevant entities involved in the promotion and sales of dairy produce. The Act's primary focus is on the sales promotion aspect of the dairy industry, thereby excluding the research component that was previously covered under the repealed Part II of the Principal Act. This legislative change allows the Australian Dairy Produce Board to continue with ongoing research and sales promotion activities that were approved before the commencement of this Act. The Act's jurisdictional reach is national, as it pertains to the Commonwealth of Australia and applies uniformly across the country. The Act does not specify any exclusions or exemptions, but its effects are contingent on subordinate instruments that may further define the scope of its application.

Key Provisions

The Dairy Produce Sales Promotion Act 1972 (the "Act") primarily amends the Dairy Produce Research and Sales Promotion Act 1958-1965 (the "Principal Act"). The Act eliminates the requirement for the establishment of a Dairy Produce Research Trust Account by omitting the relevant section from the Principal Act (sections 5(2) and 5(3)). Moreover, the Act removes Part II of the Principal Act, which previously dealt with research, and replaces it with references to the Dairying Research Trust Account established by the Dairying Research Act 1972 (sections 4(1) and 6(4)). This restructuring is intended to streamline the legislative framework governing dairy produce research and sales promotion. The Act imposes specific obligations on the Australian Dairy Produce Board, which remains responsible for carrying out research or other activities approved under the Principal Act, even after the repeal of Part II (section 6(3)). Additionally, it ensures that any existing agreements or approvals for research activities remain in effect and are to be interpreted as applying to the new Dairying Research Trust Account (section 6(2) and 6(4)). The Board is also empowered to continue such activities in accordance with these pre-existing approvals post-commencement of the Act. Failure to comply with the provisions of the Act could result in legal repercussions, although specific offences, penalties, or consequences are not detailed within the text provided. However, it is implied that any breaches of the Act's provisions could be subject to the legal remedies available under general Australian law, which may include fines or other penalties as determined by a court. The exact nature and extent of these consequences would depend on the specific breach and the relevant judicial interpretation.