Dairying Industry Assistance Act 1943

Legislation au C1943A00037 Not in force Act

Legislation content

DAIRYING INDUSTRY ASSISTANCE.

 

No. 37 of 1943.

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 3rd July, 1943.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Dairying Industry Assistance Act 1943.


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 at a factory into butter, cheese, dried milk (not being skimmed milk powder), condensed milk or concentrated milk;

“factory” means premises registered under any law of a State for the processing of dairy produce into butter, cheese, dried milk, condensed milk or concentrated milk, or, in accordance with the provisions of any law of the Commonwealth in relation to the exportation of those commodities or any of them, but does not include a factory which processes dairy produce into butter or cheese in respect of which the Minister is not satisfied that the requisite contribution has been made to an equalization scheme approved by the Minister;

“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.

Assistance to primary producers.

4. There shall be applied, in accordance with the Regulations, in respect of each year ending on the thirty-first day of March, in making payments to primary producers, such amounts as are appropriated by the Parliament for the purpose.

Terms and conditions of employment in the dairying industry.

5.—(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 award, order or determination made by the Court in pursuance of the powers conferred by this section shall have the like force and effect, 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.


Assistance may be withheld in certain cases.

6. If the Minister finds that the rates of wages paid to, or the conditions of employment, or any of them, observed in respect of the persons employed by any primary producer in the production of dairy produce, were less favorable to those persons than the rates and conditions prescribed by any award, order or determination of the Commonwealth Court of Conciliation and Arbitration applicable to those persons, he may direct that of any amount (specified by the Minister) which, but for this section, would be payable under this Act to that primary producer shall not be payable, and that amount shall thereupon not be payable.

Offences.

7. 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.

8. 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 moneys appropriated by the Parliament for the purposes of 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;

(d) persons who may make inquiries and investigations for the purposes of this Act or determine matters arising in relation to the allocation of moneys under this Act, the powers, authorities, rights, immunities and privileges of those persons and the obligations, liabilities and protection of persons called upon to give or giving evidence in connexion with any such inquiries, investigations or determinations;

(e) the obligations of manufacturers of butter, cheese, dried milk, condensed milk or concentrated milk to furnish returns in connexion with this Act; and

(f) 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 1943 was enacted to address the need for ensuring an adequate supply of dairy produce during the war. The Act was introduced by the Commonwealth of Australia, enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives, and received Royal Assent on 3rd July 1943. Its primary objective was to provide financial assistance to the dairying industry to support the war effort. The Act allows for payments to primary producers and empowers the Minister to request the Commonwealth Court of Conciliation and Arbitration to determine employment terms and conditions in the dairying industry. Furthermore, the Act stipulates that assistance may be withheld if the employment conditions of workers are less favorable than those prescribed by any relevant award or order. Additionally, the Act outlines penalties for obtaining payments under false pretenses and for providing false documents or statements.

Scope and Application

The Dairying Industry Assistance Act 1943 applies to primary producers who produce dairy produce, which is defined as cows' milk or any derivative intended for processing into butter, cheese, dried milk, condensed milk, or concentrated milk. The Act encompasses persons involved in the production of these goods and factories that process dairy produce into the specified commodities, provided they contribute to an equalisation scheme approved by the Minister. The Act's purpose is to provide financial assistance to the dairying industry to ensure an adequate supply of dairy products during the war. The Act applies nationally across the Commonwealth of Australia and can be enforced through regulations made by the Governor-General under its provisions. The Minister may withhold payments to primary producers if they are found to be paying wages or maintaining employment conditions less favourable than those prescribed by the Commonwealth Court of Conciliation and Arbitration. The Act also includes provisions for penalties related to the making of false or misleading statements or the presentation of false documents in relation to the Act.

Key Provisions

The Dairying Industry Assistance Act 1943 (sections 1-3) establishes the framework for providing assistance to the dairy industry during wartime. The Act defines key terms such as "dairy produce," which refers to cows' milk and its derivatives processed into specific products, and "factory," which is a facility registered for processing dairy produce into specified commodities. The Act also outlines the term "primary producer" to include individuals and parties to share-farming agreements involved in the production of dairy produce. Under this Act, the primary obligations imposed on parties revolve around the payment of assistance to primary producers and adherence to employment terms within the dairy industry (sections 4-6). Section 4 mandates annual payments to primary producers based on appropriations by Parliament, with the amounts determined by regulations. Section 5 allows the Minister or Attorney-General to request the Commonwealth Court of Conciliation and Arbitration to establish employment terms to ensure an adequate supply of dairy produce, with decisions made as if an industrial dispute existed. Section 6 provides the Minister with the authority to withhold payments if employment conditions or wages are less favorable than prescribed by an arbitration award. The Act outlines specific offences and penalties for non-compliance (section 7). It prohibits obtaining payments through false or misleading statements and presenting false documents or statements to officers or persons administering the Act. Penalties for such offences include a fine of up to five hundred pounds or imprisonment for up to two years. Additionally, the Governor-General has the authority to make regulations necessary for implementing the Act, including prescribing matters such as the allocation of funds, the conditions for payments, and obligations of manufacturers (section 8). Regulatory breaches may incur penalties of up to fifty pounds or imprisonment for up to three months.

Legal classification tags

Area of Law
Commercial Law
Industrial Relations Law
Instrument
Act
Concepts
Definitions & Interpretation
Offence Provisions
Assistance to Industry

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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.