Dairying Industry Assistance Regulations

Legislation au C1943L00171 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1943. No. 171.

 

REGULATIONS UNDER THE DAIRYING INDUSTRY ASSISTANCE ACT 1942.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Dairying Industry Assistance Act 1942.

Dated this twenty-ninth day of June, 1943.

(SGD.) GOWRIE.

Governor-General.

By His Excellencys Command,

Minister of State for Commerce and Agriculture.

———

Dairying Industry Assistance Regulations.

Citation.

1. These Regulations may be cited as the Dairying Industry Assistance Regulations.

Allocation of amount appropriated.

2.—(1.) The amount appropriated by the Dairying Industry Assistance Act 1942 shall be allocated in making payments, subject to these Regulations, to primary producers at the rate of Six shillings and eight pence per hundredweight of butter, and Four shillings per hundredweight of cheese, produced during the financial year ending on the thirtieth day of June, 1943, from dairy produce supplied by those primary producers.

(2.) If, after payments at the rates provided by the last preceding sub-regulation have been made to all primary producers entitled thereto, there remains any balance of the amount appropriated by the Dairying Industry Assistance Act 1942, the Minister may authorize the making of additional payments to primary producers in respect of butter and cheese produced during the financial year ending on the thirtieth day of June, 1943, at such rates as will exhaust that balance.

Method of making payments.

3.—(1.) The Minister may authorize the payment of amounts payable to primary producers under these Regulations, through such body or bodies as he determines, to persons controlling butter or cheese factories for distribution to primary producers.

* Notified in the Commonwealth Gazette on      , 1943.

2787.—Price 3d. 27/2.6.1943.


(2.) Any person to whom any money is paid under the last preceding sub-regulation for payment to primary producers shall distribute the money to those primary producers and shall not otherwise pay or distribute that money.

Penalty: Fifty pounds.

(3.) Until any money paid under this regulation to any body or person is distributed to the primary producers entitled thereto, it shall be deemed to be money held in trust for the Commonwealth.

Payments to be made only to contributors to equalization schemes.

4. No payment shall (unless the Minister, in any particular case, otherwise directs) be made under these Regulations to a primary producer unless the primary producer is a contributor to a dairy produce equalization scheme approved by the Minister.

Sharefarmers.

5. Where any primary producers entitled to any payment under these Regulations are sharefarmers, the payment shall be divided between them on the basis provided by the sharefarming agreement for the division of receipts from their sharefarming operations or, if no such basis is so provided, on such basis as the Minister determines.

Audit.

6. The accounts of bodies through which payments are made under these Regulations, and the accounts of persons controlling butter or cheese factories to whom payments are made under these Regulations for distribution to primary producers, shall, so far as those accounts relate to such payments, be subject to audit by the Auditor-General.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Dairying Industry Assistance Regulations 1943 were enacted under the authority of the Dairying Industry Assistance Act 1942 by the Governor-General in Council, aiming to provide financial assistance to primary producers involved in the dairy industry. This legislation was introduced to address the economic hardships faced by the dairy industry during the period, providing a financial support mechanism for primary producers. The primary objective of these regulations was to allocate funds appropriated by the Act for distribution to primary producers based on the amount of butter and cheese produced, thereby ensuring that financial assistance reached those who contributed to the dairy produce equalisation schemes. The regulations mandated that payments be made through designated bodies to ensure they reached the rightful recipients, with any undistributed funds deemed held in trust for the Commonwealth. This legislative instrument underscores the policy objective of stabilising and supporting the dairy industry during a financially challenging time.

Scope and Application

The Dairying Industry Assistance Regulations, made under the Dairying Industry Assistance Act 1942, govern the allocation and distribution of financial assistance to primary producers involved in the production of butter and cheese. These Regulations apply specifically to primary producers who are involved in the dairy industry and are contributors to an approved dairy produce equalization scheme. The financial assistance is allocated at specific rates per hundredweight of butter and cheese produced during the financial year ending on the thirtieth of June 1943. The geographic and jurisdictional reach of these Regulations is within the Commonwealth of Australia, impacting primary producers across the nation. The Regulations also detail the method of making payments, stipulating that these should be distributed through bodies or persons designated by the Minister, who controls butter or cheese factories, to ensure that the money reaches the primary producers directly. Furthermore, the Regulations include provisions for the audit of accounts related to these payments, ensuring accountability and transparency in the distribution process.

Key Provisions

The Dairying Industry Assistance Regulations, made under the Dairying Industry Assistance Act 1942, primarily address the allocation and distribution of funds to primary producers involved in dairy production. Section 2(1) stipulates that the funds appropriated by the Act will be distributed to primary producers at a rate of six shillings and eight pence per hundredweight for butter and four shillings per hundredweight for cheese, produced during the financial year ending on 30 June 1943. If there is a remaining balance after these payments, Section 2(2) allows the Minister to authorize additional payments at rates that would exhaust the balance. Payments will be made through designated bodies or individuals controlling butter or cheese factories, as outlined in Section 3(1), with strict instructions that the money must only be distributed to primary producers, as per Section 3(2). Failure to comply with this requirement may result in a penalty of fifty pounds, as stated in Section 3(2). Payments are only to be made to primary producers who are contributors to a dairy produce equalization scheme approved by the Minister, according to Section 4, unless otherwise directed by the Minister. Primary producers who are sharefarmers will have their payments divided according to the terms of their sharefarming agreement or, if no specific terms are provided, as determined by the Minister, as detailed in Section 5. The accounts of the bodies through which payments are made, as well as those of individuals controlling butter or cheese factories who receive payments for distribution, are subject to audit by the Auditor-General, as per Section 6. This ensures transparency and accountability in the distribution of funds. The regulations underscore the importance of adhering to the specified methods and conditions for the distribution of financial assistance to ensure it reaches the intended recipients and is used appropriately. The Dairying Industry Assistance Regulations also establish consequences for non-compliance with the specified requirements. Section 3(2) clearly outlines the financial penalty for the misuse of funds intended for primary producers. Furthermore, the requirement that payments are made only to contributors to an approved dairy produce equalization scheme, unless otherwise directed by the Minister, implies that failure to comply with this condition could result in denial of payments. This regulatory framework aims to ensure that the financial support is effectively and fairly distributed among eligible primary producers. The audit provisions in Section 6 further reinforce the need for compliance and the accountability of those involved in the distribution process.

Legal classification tags

Area of Law
Commercial Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Payments & Reimbursements
Audit & Accountability

Interactions

Authorises

All Versions

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.