Dairy Produce Sales Promotion Amendment Act 1979
No. 14 of 1979
An Act to amend the Dairy Produce Sales Promotion Act 1958.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Dairy Produce Sales Promotion Amendment Act 1979.
(2) The Dairy Produce Sales Promotion Act 1958 is in this Act referred to as the Principal Act.
Commencement
2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Section 3 shall be deemed to have come into operation on 1 August 1976.
3. Section 4 of the Principal Act is repealed and the following section substituted:
Interpretation
“4. In this Act, unless the contrary intention appears—
‘Corporation’ means the Australian Dairy Corporation constituted under the Dairy Produce Act 1924;
‘dairy produce’ means—
(a) cow’s milk;
(b) any constituent part of cow’s milk; and
(c) any product derived from cow’s milk or from any constituent part of cow’s milk,
whether or not any other substance has been added;
‘levy’ means an amount of levy payable by virtue of paragraph 7(b) or 11(b) of the Dairying Industry Research and Promotion Levy Act 1972;
‘Levy Collection Act’ means the Dairying Industry Research and Promotion Levy Collection Act 1972;
‘Sales Promotion Fund’ means the Dairy Produce Sales Promotion Fund established by this Act.”.
Formal amendments
4. The Principal Act is amended as set out in the Schedule to this Act.
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SCHEDULE Section 4
Provision amended | Omit— | Substitute— |
Sub-paragraph 18(3)(a)(ii) | sub-section (1) of section 6 | sub-section 6(1) |
Sub-section 18(4)........ | paragraph (a) of the last preceding sub-section | paragraph (3)(a) |
Paragraph 19(b)......... | paragraph (a), (b) or (c) of sub-section (1) of section 24 of the Dairy Produce Act 1924-1975 | paragraph 24(1)(a), (b) or (c) of the Dairy Produce Act 1924 |
Sub-section 21(2)........ | the last preceding sub-section | sub-section (1) |
Overview
The Dairy Produce Sales Promotion Amendment Act 1979 was enacted to amend the Dairy Produce Sales Promotion Act 1958, addressing specific issues within the dairy industry's sales promotion framework. This Act was passed by the Commonwealth Parliament, specifically by the Queen in Parliament, as indicated in the text. Its primary objective is to refine and update the legislative provisions concerning the sales promotion of dairy products, ensuring they align with contemporary industry needs and standards. The Act introduces amendments to the Principal Act, replacing and updating certain sections to better reflect the evolving landscape of the dairy industry, while also ensuring the continued effective operation of the Dairy Produce Sales Promotion Fund.
The Dairy Produce Sales Promotion Amendment Act 1979 provides the necessary legal framework to adapt to changes in the dairy industry, ensuring that the sales promotion mechanisms remain robust and relevant. By formalising these amendments, the Act aims to support the ongoing development and promotion of dairy products within Australia, thereby contributing to the industry's growth and stability.
Scope and Application
The Dairy Produce Sales Promotion Amendment Act 1979 amends the Dairy Produce Sales Promotion Act 1958, which regulates the promotion and sale of dairy products within Australia. This Act applies to entities involved in the dairy industry, particularly the Australian Dairy Corporation, established under the Dairy Produce Act 1924. The legislation governs the collection and utilisation of levies from the sale of cow’s milk, its constituent parts, and any products derived from them, which are deposited into the Sales Promotion Fund. The Act's jurisdiction is nationwide, as it is a Commonwealth Act. While the specific exclusions and exemptions are detailed in the Schedule and the Principal Act, the overarching scope includes the formal amendments to sections related to the administration and application of the levies and the fund. The application of this Act may be further extended or restricted through subordinate instruments, which would be specified in regulations or rules made under the authority of the Act.
Key Provisions
The Dairy Produce Sales Promotion Amendment Act 1979 (sections 1-4) amends the Dairy Produce Sales Promotion Act 1958 (Principal Act) by replacing and modifying certain sections. The Act introduces new definitions and provisions for the levy, the Corporation, and the Sales Promotion Fund, ensuring clarity and alignment with the legislative intent. Specifically, section 4 of the Principal Act is repealed and replaced with a new section that redefines terms such as 'Corporation', 'dairy produce', 'levy', and 'Sales Promotion Fund'. These changes ensure that the terminology used in the Act is consistent and unambiguous, facilitating better governance and compliance.
The Act imposes several obligations on the entities it governs. It mandates that the Australian Dairy Corporation, referred to as the Corporation, must collect levies from dairy producers as per the provisions of the Dairying Industry Research and Promotion Levy Act 1972. These levies are to be used for the promotion of dairy products, ensuring that the necessary funds are available for marketing and research activities. Additionally, the Act requires that any amendments or modifications to the Principal Act be made in accordance with the provisions outlined in the Schedule, ensuring that the legislative changes are implemented systematically and effectively.
Failure to comply with the requirements of the Act can result in both civil and criminal consequences. Under section 24 of the Dairy Produce Act 1924, any person found to be in breach of the Act may be subject to penalties. The specific penalties, however, are not detailed in the excerpt provided, but they generally include fines and other financial penalties for civil breaches, and potential criminal charges for more serious infractions. The exact maximum penalties would be outlined in the relevant sections of the Act, but the overarching principle is that non-compliance will attract legal repercussions, which could include imprisonment in cases of criminal offences.