Dairying Industry Assistance Act 1942

Legislation au C1942A00058 Not in force Act

Legislation content

DAIRYING INDUSTRY ASSISTANCE.

 

No. 58 of 1942.

An Act to provide for the granting of Assistance to the Dairying Industry with the object of aiding the Prosecution of the War, and for other purposes.

[Assented to 13th October, 1942.]

Preamble.

BE it enacted by the King’s Most Excellent Majesty, the Senate and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—

Short title.

1. This Act may be cited as the Dairying Industry Assistance Act 1942.


Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Definitions.

3. In this Act—

“dairy produce” means cows’ milk, or any produce derived from cows’ milk, which is to be processed into butter or cheese; and

“primary producer” means a person who produces dairy produce, and, where dairy produce is produced in pursuance of a share-farming agreement, includes every party to the agreement.

Financial assistance.

4. With the object of promoting the production of dairy produce required for the effectual prosecution of the war, there shall be payable, in respect of the financial year ending on the thirtieth day of June, One thousand nine hundred and forty-three, out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, the sum of One million five hundred “thousand pounds for the purpose of providing financial assistance to primary producers.

Application of moneys.

5. The amount appropriated by this Act shall be applied, in accordance with the regulations, in making payments to primary producers.

Investigation by Tariff Board.

6.—(1.) With a view of determining the manner in which the amount appropriated by this Act should be allocated, the Tariff Board may make such inquiries and investigations as it thinks necessary with respect to the factors and circumstances affecting the dairying industry, and shall make, to the Minister of State for Trade and Customs, recommendations as to the allocation to be made.

(2.) In making recommendations under the last preceding subsection the Tariff Board shall have regard to the existence in any area of conditions of drought, to any disabilities of primary producers arising out of circumstances attributable to the war, and to any terms and conditions of employment prescribed by the Commonwealth Court of Conciliation and Arbitration in relation to the dairying industry or any part thereof.

(3.) The Governor-General may appoint (in addition to the members of the Tariff Board appointed under the Tariff Board Act 1921-1934), to be a member of the Board when it is exercising its powers under this section, a person who has wide knowledge of the dairying industry.

(4.) The provisions of the Tariff Board Act 1921-1934 in relation to members of the Tariff Board (other than the provisions as to the term of the appointment) shall apply in relation to a person appointed under this section in like manner as if he were appointed to be a member of that Board under that Act.

(5.) The provisions of the Tariff Board Act 1921-1934 shall apply in relation to inquiries and investigations under this section in like manner as they apply in relation to inquiries by the Tariff Board under that Act.


Terms and conditions of employment in the dairying industry.

7.—(1.) With the object of ensuring an adequate supply of dairy produce during the war, the Minister or the Attorney-General may request the Commonwealth Court of Conciliation and Arbitration to determine any matters with respect to the terms and conditions of employment to be observed in relation to persons employed in the dairying industry or any part thereof.

(2.) Upon a request to the Court under this section in respect of any matter, the Court may, notwithstanding that an industrial dispute within the meaning of the Commonwealth Conciliation and Arbitration Act 1904-1934 affecting the matter does not exist, proceed to hear and determine the matter in like manner as if it were such an industrial dispute.

(3.) Any rates of wages prescribed by the Court in pursuance of the powers conferred by this section shall operate from such date, not earlier than the first day of October, One thousand nine hundred and forty-two, as the Court determines.

(4.) Any award, order or determination made by the Court in pursuance of the powers conferred by this section shall have the like force and effects, and the provisions of the Commonwealth Conciliation and Arbitration Act 1904-1934 shall apply, in relation thereto, in like manner, as if it were made in pursuance of the powers conferred by that Act.

Offences.

8. A person shall not—

(a) obtain any payment under this Act by means of any false or misleading statement; or

(b) present, to any officer or other person doing duty in relation to this Act or the regulations, any document, or make to any such officer or person any statement, which is false in any particular.

Penalty: Five hundred pounds. or imprisonment for two years.

Regulations.

9. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular for prescribing—

(a) the manner of allocating the amount appropriated by this Act;

(b) the primary producers to whom payments may be made under this Act;

(c) the conditions subject to which payments shall be made to primary producers; and

(d) penalties not exceeding a fine of Fifty pounds or imprisonment for a period not exceeding three months for any breach of the regulations.

Overview

The Dairying Industry Assistance Act 1942 was enacted by the Parliament of Australia to address the need for increased dairy production during World War II. The Act was designed to provide financial assistance to primary producers of dairy products in order to secure a stable and adequate supply of dairy produce for the war effort. The policy objective of the Act was to ensure that the dairying industry could meet the heightened demand for dairy products necessary for the war. Under the Act, the Tariff Board was empowered to investigate and make recommendations on how to allocate the appropriated funds effectively, taking into account factors such as drought conditions and employment terms. Additionally, the Minister or the Attorney-General could request the Commonwealth Court of Conciliation and Arbitration to determine employment terms in the dairying industry, ensuring that adequate labour was available to meet production needs. The Act also included provisions for penalties to deter fraudulent claims for assistance.

Scope and Application

The Dairying Industry Assistance Act 1942 applies to the dairying industry within the Commonwealth of Australia, targeting primary producers who are individuals or parties to share-farming agreements involved in the production of dairy produce such as cows’ milk and products derived from it intended for processing into butter or cheese. This Act, which commenced upon receiving Royal Assent, aims to provide financial assistance to primary producers in order to boost the production of dairy produce essential for the war effort. The application of the funds appropriated by the Act is regulated through the Tariff Board, which investigates and recommends allocations considering factors such as drought conditions, disabilities of primary producers due to war circumstances, and employment terms set by the Commonwealth Court of Conciliation and Arbitration. The Act also authorises the Governor-General to make regulations necessary for its implementation, including those related to the allocation of funds, the eligibility of primary producers for payments, and the conditions attached to such payments. Offences related to false statements or documents presented under the Act are subject to penalties of up to five hundred pounds or imprisonment for two years.

Key Provisions

The Dairying Industry Assistance Act 1942 (section 4) establishes the appropriation of one million five hundred thousand pounds to be provided as financial assistance to primary producers, with the primary objective of promoting the production of dairy produce required for the war effort. Section 5 stipulates that this allocated sum will be applied in accordance with regulations, with payments made to primary producers. The Tariff Board, as mentioned in section 6(1), is tasked with conducting necessary inquiries and investigations to determine the allocation of the appropriated funds. It is required to consider drought conditions, war-related disabilities, and employment terms prescribed by the Commonwealth Court of Conciliation and Arbitration. The Tariff Board must also make recommendations to the Minister of State for Trade and Customs, who may appoint additional members with expertise in the dairying industry to assist in these proceedings. The Act imposes obligations on various entities, including the Tariff Board and the Commonwealth Court of Conciliation and Arbitration. The Tariff Board is required to carry out investigations and make recommendations for the allocation of funds, while the Governor-General may appoint additional members with expertise in the dairying industry to the Tariff Board. The Commonwealth Court of Conciliation and Arbitration, as outlined in section 7(1), must determine matters relating to the terms and conditions of employment in the dairying industry upon request from the Minister or the Attorney-General. This determination must occur even in the absence of an industrial dispute, and any prescribed wage rates will be effective from a date determined by the Court, but no earlier than October 1, 1942. Under section 8 of the Act, individuals are prohibited from obtaining payments through false or misleading statements or by presenting false documents or making false statements to officers or persons involved in the administration of the Act or its regulations. Violations of this provision are subject to penalties, including a fine of up to five hundred pounds or imprisonment for up to two years. Section 9 allows the Governor-General to create regulations necessary for the implementation of the Act, including the allocation of funds, identification of eligible primary producers, conditions for payment, and penalties for breaches of the regulations, which may include fines not exceeding fifty pounds or imprisonment for up to three months.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.