Dairying Industry Regulations

Legislation au C1962L00050 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1962. No. 50.

 

REGULATIONS UNDER THE DAIRYING INDUSTRY ACT 1962.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Dairying Industry Act 1962.

Dated this twenty eighth day of June, 1962.

Administrator.

By His Excellency’s Command,

(sgd.) C. F. ADERMANN

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 1962;

“the equalization body”, in relation to the proprietor of a factory, means the equalization body administering the equalization scheme in which the proprietor participates.

Returns.

3.—(1.) For the purposes of the Act, the proprietor of a factory that produces butter or cheese in any month shall, within seven days after the end of that month, furnish to the equalization body a return in respect of that production in accordance with this regulation.

(2.) The return shall set out 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;

(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;

*Notified in the Commonwealth Gazette on 29th June, 1962.

4981/62.—Price 3d. 9/18.6.1962.


(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 that have been outstanding for twelve months or longer.

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

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

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, for the purpose of measuring the quantity of milk placed in each vat, equip each vat with a separate measuring rod that is marked with such gradations of measurement as are directed by an authority or person approved by the Minister for the purposes of this sub-regulation.

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.

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 that 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, to pass that bounty payment on to producers of milk and cream, the Minister may direct that payment of 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 1962 were made under the authority of the Dairying Industry Act 1962, enacted by the Parliament of Australia to provide for the regulation and administration of the dairying industry. This legislation aimed to address issues such as the equitable distribution of production and the stability of the industry by setting up a system of bounties and equalisation schemes. The Regulations mandate that factory proprietors must furnish detailed returns to the relevant equalisation body regarding their production of butter and cheese, including quantities of butter fat obtained and used, and bounty payments received. Additionally, cheese factory proprietors are required to maintain daily records and keep specified records for the purposes of these returns. The Regulations also impose penalties for non-compliance, such as failure to keep records or furnish returns, with a penalty of fifty pounds for each offence. The policy objective behind these Regulations is to ensure that the bounty system operates efficiently and equitably by maintaining accurate and detailed records of production and bounty payments. This helps to stabilise the industry and ensure that producers are fairly compensated for their products. The Regulations serve to enforce compliance with these requirements, thereby supporting the broader aims of the Dairying Industry Act.

Scope and Application

The Dairying Industry Regulations, made under the Dairying Industry Act 1962, apply to proprietors of factories that produce butter or cheese, encompassing various aspects of record-keeping and reporting within the dairy industry. These regulations mandate that factory proprietors furnish monthly returns to the relevant equalization body detailing specific production and financial information, such as the quantities of butter fat handled, the amounts of bounty credited to milk and cream producers, and the bounty payments received. The geographic reach of these regulations is national, as they are made under a Commonwealth Act. Factories producing butter or cheese must maintain detailed records and daily logs, which include particulars of milk intake and cheese production, and these records must be preserved until authorised for destruction by the Minister. Additionally, factory proprietors are required to maintain a separate bounty ledger account, and failure to pass on bounty payments to milk and cream producers within three months can result in the withholding of future bounty payments. The regulations provide penalties for non-compliance, reinforcing the importance of adherence to the stipulated record-keeping and reporting requirements.

Key Provisions

The Dairying Industry Regulations 1962, established under the Dairying Industry Act 1962, contain several key provisions. Section 3 mandates that proprietors of factories producing butter or cheese must submit monthly returns to the relevant equalization body. These returns, which must be completed within seven days of the month's end, must detail various aspects of production, including the quantities of butter fat and milk received, used, and disposed of, as well as the quantities of butter and cheese produced and bounty payments made to milk and cream producers (s. 3). Additionally, Section 4 requires the proprietors of cheese factories to maintain daily records, detailing the milk intake, butter fat content, cheese produced, and other pertinent details. This record-keeping must comply with any specific directions from the Minister, and failure to adhere to these requirements can result in a penalty of fifty pounds (s. 4). Under Section 5, factory proprietors are obligated to keep comprehensive daily records necessary for the preparation of the required monthly returns. These records must also include details of bounty payments made to milk and cream producers and the rates of those payments. Furthermore, the proprietors must maintain these records until authorised by the Minister to destroy them (s. 5). Section 6 stipulates that factory proprietors must maintain a separate bounty ledger account, which must be kept up-to-date (s. 6). Section 7 introduces consequences for non-compliance with bounty payment requirements. Specifically, if a factory proprietor fails to pass on the final bounty payment to milk and cream producers within three months of receipt from the equalization body, the Minister may direct that future bounty payments be withheld from that proprietor for a period determined by the Minister (s. 7). Violations of the regulations may incur penalties, with a specific penalty of fifty pounds outlined in Section 4 and Section 5 for failure to keep required records or comply with record-keeping directives.

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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.