Dairying Industry Regulations

Legislation au C1957L00040 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1957. No. 40.

 

REGULATIONS UNDER THE DAIRYING INDUSTRY ACT 1957.*

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 Act 1957.

Dated this 7th day of August, 1957.

W. J. Slim

Governor-General.

By His Excellency’s Command,

Minister of State for Primary Industry.

 

Dairying Industry Regulations.

Citation.

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

Definition.

2. In these Regulations, “the Act” means the Dairying Industry Act 1957.

Returns.

3.—(1.) The proprietor of a factory which produces butter or cheese or butter and cheese in any month shall, within seven days after the end of that month, furnish to the equalization body which administers the equalization scheme in which the proprietor participates a return in respect of that production in accordance with sub-regulations (3.) and (4.) of this regulation.

(2.) Bounty is not payable to the proprietor of a factory on the production of butter or cheese or butter and cheese in any month unless he has furnished a return in respect of that production under this regulation.

(3.) The return shall set forth particulars of—

(a) the quantity of butter fat on hand in the factory at the beginning of the month and the quantity of butter fat on hand at the end of the month;

(b) the quantity of butter fat obtained from milk and cream received in the factory during the month;

(c) the quantity of butter fat (other than butter fat recovered from whey) used in the production of butter or cheese during the month;

 

* Notified in the Commonwealth Gazette on 15th August, 1957.

3513/57.—Price 3d. 9/15.7.1957.


(d) the quantity of butter fat (other than butter fat recovered from whey) disposed of during the month otherwise than in the production of butter or cheese;

(e) the quantity of butter fat recovered from whey during the month;

(f) the quantity of butter fat recovered from whey used in the production of butter or cheese during the month;

(g) the quantity of butter fat recovered from whey disposed of during the month otherwise than in the production of butter or cheese;

(h) the quantities of butter or cheese or butter and cheese produced during the month other than butter or cheese produced from whey;

(i) the quantities of butter or cheese or butter and cheese produced during the month from whey;

(j) the total amount credited during the month to producers of milk and cream by way of bounty and otherwise; and

(k) bounty payments received by the proprietor and not paid by him at the end of the month, including the amounts represented by cheques which have been outstanding for twelve months or longer.

(4.) The return shall be furnished by a proprietor in accordance with such form as the Minister approves and notifies to the equalization body which administers the equalization scheme in which the proprietor participates to be the form to be furnished for the purposes of the Act.

Proprietor of cheese factory to keep daily record.

4.—(1.) The proprietor of a cheese factory shall keep records in permanent form in which he shall enter each day such particulars as the Minister by writing under his hand directs, or, in the absence of such a direction—

(a) if the intake of milk at the factory is used only for the production of cheese—particulars of the quantity of butter fat contained in the milk used in the factory on that day after deducting any excess butter fat content that is, or is to be, diverted to a butter factory; and

(b) in any other case—in respect of each vat used in the production of cheese, referring to that vat by number, particulars of—

(i) the quantity of milk (measured in gallons) placed in the vat on that day;

(ii) the quantity of butter fat contained in that milk;

(iii) the percentage by weight of that milk that consists of butter fat;

(iv) the number of the various types of cheese produced from the vat on that day; and

(v) the total weight of cheese produced from the vat on that day.

Penalty: Fifty pounds.

(2.) Where the proprietor of a cheese factory is required to keep records of the quantity of milk placed in each vat under paragraph (b) of the last preceding sub-regulation, he shall equip each vat with a separate measuring rod for the purpose of measuring the quantity of milk placed in the vat, and that rod shall contain such gradations of measurement as are directed by a competent authority.

Penalty: Fifty pounds.


(3.) In determining, for the purposes of paragraph (b) of sub-regulation (1.) of this regulation, the weight of milk in a vat, each gallon of milk shall be deemed to weigh ten and sixteen-fiftieths pounds.

(4.) In sub-regulation (2.) of this regulation, “competent authority” means an authority or person approved by the Minister for the purpose of that sub-regulation.

Records to be kept.

5.—(1.) The proprietor of a factory shall keep from day to day such records as are necessary to enable the returns which he is required to furnish under these Regulations to be fully and completely prepared.

(2.) The proprietor of a factory shall also keep records of—

(a) the total amount paid during each month to producers of milk and cream by way of bounty and otherwise; and

(b) the rate of bounty per pound of butter or cheese produced passed on each month to producers of milk and cream.

(3.) The proprietor of a factory shall not destroy any records which he is required to keep under these Regulations until authorized to do so by the Minister.

Penalty: Fifty pounds.

Proprietor of factory to maintain separate bounty ledger account.

6. The proprietor of a factory shall maintain a separate bounty ledger account and shall keep that account posted up to date.

Penalty: Fifty pounds.

Final bounty payments to be passed on within three months.

7. Where the proprietor of a factory which produces butter or cheese or butter and cheese in any year fails, within three months after his receipt of the final bounty payment for that year from the equalization body which administers the equalization scheme in which the proprietor participates, to pass that bounty payment on to producers of milk and cream, the Minister may direct that bounty shall be withheld from that proprietor for such period as the Minister determines.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Dairying Industry Regulations 1957 were enacted under the authority of the Commonwealth of Australia, specifically by the Governor-General in Council, to provide detailed administrative rules for the operation of the Dairying Industry Act 1957. This legislative instrument addresses the need for structured reporting and record-keeping within the dairy industry to ensure the efficient administration of bounties and equitable treatment of all stakeholders. The Regulations mandate the timely submission of production returns by factory proprietors and require meticulous record-keeping to facilitate the accurate distribution of bounties and the oversight of dairy operations. The policy objective of these Regulations is to enhance transparency and accountability in the dairy industry, ensuring that all participants comply with the statutory requirements designed to support the industry's economic stability and fairness.

Scope and Application

The Dairying Industry Regulations, made under the authority of the Dairying Industry Act 1957, apply to proprietors of factories involved in the production of butter, cheese, or both within Australia. These regulations mandate that factory proprietors must furnish monthly returns detailing the production processes and quantities of butter fat and other dairy products. This includes specifying the quantities of butter fat on hand at the beginning and end of each month, as well as the quantities obtained from milk and cream, used in production, and disposed of outside of production. The regulations also require that these proprietors keep detailed daily records, especially in cheese factories, where records must include milk intake, butter fat content, and cheese production metrics. Such records must be maintained in permanent form and are subject to ministerial approval regarding their format and content. Failure to comply with these record-keeping and return-submission requirements may result in financial penalties and the withholding of bounty payments. The regulations extend across the Commonwealth, governing all factories participating in equalization schemes.

Key Provisions

The Dairying Industry Regulations, made under the Dairying Industry Act 1957, primarily govern the production and reporting practices within the dairy industry, focusing on butter and cheese production (Regulation 3). Proprietors of factories that produce butter, cheese, or both must submit detailed monthly returns to the relevant equalization body within seven days of the month's end. These returns must include specific details about butter fat quantities, production volumes, and financial transactions such as bounty payments (Regulation 3(3)). Failure to submit these returns disqualifies the proprietor from receiving bounty payments for that month (Regulation 3(2)). The Act imposes several obligations on the parties it governs. Proprietors of factories are required to maintain meticulous records to ensure accurate reporting (Regulation 4). These records must detail daily milk intake and cheese production metrics, including the quantity of milk, butter fat content, and types of cheese produced (Regulation 4(1)(a) and (b)). Additionally, proprietors must equip their vats with measuring rods as directed by a competent authority to ensure precise measurement of milk quantities (Regulation 4(2)). They are also mandated to keep comprehensive records of all financial transactions related to milk and cheese production, including bounty payments and rates (Regulation 5). Breaches of these regulations are subject to penalties. For instance, failing to keep the required records or destroying records before authorization can result in a penalty of fifty pounds (Regulation 4(1) and Regulation 5). Similarly, maintaining a separate bounty ledger account and ensuring it is up to date is compulsory, with a penalty of fifty pounds for non-compliance (Regulation 6). Furthermore, if a proprietor fails to pass on final bounty payments to milk and cream producers within three months, the Minister has the authority to withhold bounty payments for a determined period (Regulation 7).

Legal classification tags

Area of Law
Industrial Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Penalty Provisions

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.