Dairying Industry Research and Promotion Levy Collection Regulations

Legislation au C2004L01891 Regulations Not in force Legislative Instrument

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Statutory Rules

1976 No. 147

REGULATIONS UNDER THE DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY COLLECTION ACT 1972-1976.*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Dairying Industry Research and Promotion Levy Collection Act 1972-1976.

Dated this twenty-seventh day of July, 1976.

John R. Kerr

Governor-General.

By His Excellency’s Command,

Minister of State for Primary Industry.

 

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY COLLECTION REGULATIONS

Citation.

1. These Regulations may be cited as the Dairying Industry Research and Promotion Levy Collection Regulations.

Commencement.

2. These Regulations shall come into operation on 1 August 1976.

Repeal.

3. The Dairying Research Levy Collection Regulations, being Statutory Rules 1972, No. 113, are repealed.

Interpretation.

4. In these Regulations, unless the contrary intention appears—

(a) a reference to a person who purchases whole milk or butter fat shall be read as a reference to a person who purchases from the producer whole milk or butter fat on which levy is imposed; and

(b) a reference to an authorized agent shall be read as a reference to a person appointed under regulation 7 to be an authorized agent.

Manner of payment of levy.

5. (1) Payment of levy or other amounts payable to the Commonwealth under the Dairying Industry Research and Promotion Levy Collection Act 1972-1976 in respect of whole milk or butter fat purchased in a State shall be made at the office of the Department of Primary Industry in the capital city of that State.

*Notified in the Australian Government Gazette on 23 July 1976.

13861/76—Recommended retail price 15c  12/21.7.1976


(2) Payment of levy or other amounts payable to the Commonwealth under the Dairying Industry Research and Promotion Levy Collection Act 1972-1976 in respect of whole milk or butter fat purchased in an internal Territory shall be made at the office of the Department of Primary Industry in Canberra.

Returns.

6. (1) A person who has. in any month, purchased whole milk or butter fat shall, on or before the twenty-eighth day of the next succeeding month, furnish to the Secretary a return containing the following information with respect to the whole milk or butter fat so purchased:—

(a) the full name and address of the person;

(b) the month in which the person purchased the whole milk or butter fat;

(c) the quantity of the whole milk purchased;

(d) the quantity of the butter fat purchased;

(e) the levy payable in respect of the whole milk purchased;

(f) the levy payable in respect of the butter fat purchased.

(2) A return with respect to whole milk or butter fat purchased by a person shall contain a declaration that the information furnished in the return is true and correct in every particular, and the declaration shall be signed by the person or an authorized agent of the person.

(3) A return with respect to whole milk or butter fat purchased by a person shall be furnished to the Secretary by lodging it—

(a) where the whole milk or butter fat was purchased in a State—at the office of the Department of Primary Industry in the capital city of that State; or

(b) where the whole milk or butter fat was purchased in an internal Territory—at the office of the Department of Primary Industry in Canberra.

Authorized agent.

7. (1) Where a person has purchased, or proposes to purchase, whole milk or butter fat, the person may appoint a person to be his authorized agent for the purpose of executing on his behalf the declaration contained in the return with respect to the whole milk or butter fat purchased.

(2) The appointment of an authorized agent with respect to whole milk or butter fat purchased, or proposed to be purchased, by a person—

(a) shall be substantially in accordance with the Form in the Schedule;

(b) shall be signed by the person and the authorized agent; and

(c) shall be lodged—

(i) where the appointment is with respect to whole milk or butter fat purchased, or proposed to be purchased, in a State—at the office of the Department of Primary Industry in that State; or

(ii) where the appointment is with respect to whole milk or butter fat purchased, or proposed to be purchased, in an internal Territory—at the office of the Department of Primary Industry in Canberra.

Execution of documents by a company.

8. Where these Regulations provide that a declaration or appointment shall be signed by a person and that person is a company, the declaration or appointment may be signed on behalf of the company by a director or the secretary of the company.

Records to be kept.

9. A person who has purchased whole milk or butter fat shall keep proper records with respect to the whole milk or butter fat purchased, being records that show, in respect of each month, the quantity of whole milk and butter fat purchased by the person during that month.

Penalty: $200.

 

SCHEDULE Regulation 7

Form of Appointment of Authorized Agent

Commonwealth of Australia

Dairying Industry Research and Promotion Levy Collection Regulations

APPOINTMENT OF AUTHORIZED AGENT

To the Secretary to the Department of Primary Industry.

I (or We), (full name and address of purchaser), hereby appoint—

(full name(s), address(es) and occupation(s) of authorized agent(s))

(a) specimen(s) of whose signature(s) appear(s) below, to be my (or our) authorized agent(s) for the purpose of executing on my (or our) behalf the declaration contained in any return required to be furnished under the Dairying Industry Research and Promotion Levy Collection Regulations with respect to the purchase of whole milk or butter fat.

Dated at

this day of , 19 .

(Signature of person appointing authorized agent(s), or, where the person is a company, the signature of a director or the secretary of the company and his designation)

Dated at

this day of , 19 .

(Signature(s) of authorized agent(s))

Printed by Authority by the Government Printer of Australia

Overview

The Dairying Industry Research and Promotion Levy Collection Regulations 1976 were established under the authority of the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, to implement the provisions of the Dairying Industry Research and Promotion Levy Collection Act 1972-1976. These regulations were designed to address the need for a structured system for the collection of levies on whole milk and butter fat, ensuring that funds could be properly directed towards research and promotion within the dairying industry. The objective of these regulations is to provide clear guidelines on the manner of payment of levies, the submission of returns, the appointment of authorized agents, and the maintenance of records by those who purchase whole milk or butter fat. The regulations came into effect on 1 August 1976, replacing the earlier Dairying Research Levy Collection Regulations 1972. They outline specific procedures for the payment of levies at designated offices of the Department of Primary Industry, both in state capitals and in Canberra for internal territories. Additionally, these regulations mandate the submission of monthly returns detailing the purchase of whole milk and butter fat, including the quantity purchased and the applicable levies. The regulations also allow for the appointment of authorized agents to execute declarations on behalf of purchasers, and they require that companies appointing such agents have the declaration or appointment signed by a director or the company secretary. This systematic approach aims to facilitate compliance and ensure accurate collection and reporting of levies.

Scope and Application

The Dairying Industry Research and Promotion Levy Collection Regulations were established under the Dairying Industry Research and Promotion Levy Collection Act 1972-1976, and they came into effect on 1 August 1976. These regulations apply to persons or entities who purchase whole milk or butter fat from producers and are subject to the levy imposed under the Act. This includes individuals, companies, and other corporate bodies involved in the purchase of these dairy products within the geographical scope of the Commonwealth of Australia, encompassing both states and internal territories. Payment of the levy must be made at specified offices of the Department of Primary Industry, either in the capital city of the relevant state or in Canberra for internal territories. These regulations also mandate the submission of monthly returns detailing the quantities of whole milk and butter fat purchased, along with the corresponding levies, to the Secretary by the twenty-eighth day of the succeeding month. Additionally, the regulations provide for the appointment of authorized agents to execute declarations and lodge documents on behalf of the purchasers, and they stipulate the requirements for record-keeping related to the purchased dairy products.

Key Provisions

The Dairying Industry Research and Promotion Levy Collection Regulations 1976 (C2004L01891) establish the framework for the collection of levies under the Dairying Industry Research and Promotion Levy Collection Act 1972-1976. These Regulations detail the procedures and requirements for the payment of levies on whole milk and butter fat, the submission of returns, and the appointment of authorized agents. According to section 5, payment of the levy must be made at the Department of Primary Industry's office in the capital city of the State where the milk or butter fat was purchased, or in Canberra for purchases in an internal Territory. Section 6 mandates that purchasers must submit a return with specific details, including the quantity of milk and butter fat purchased, the applicable levies, and a declaration of the accuracy of the information provided. These returns must be submitted by the 28th day of the month following the purchase. Furthermore, section 7 allows for the appointment of an authorized agent to execute declarations on behalf of the purchaser, with the form of appointment specified in the Schedule. The Regulations impose several obligations on the parties they govern. Under section 6, purchasers of whole milk or butter fat are required to submit a monthly return detailing their purchases and the applicable levies. These returns must be signed and submitted by the specified deadline. Section 7 allows for the appointment of authorized agents to execute these returns on behalf of the purchaser, with the appointment form outlined in the Schedule. Additionally, section 9 mandates that purchasers maintain proper records of their purchases for each month, detailing the quantities of whole milk and butter fat bought. Failure to comply with these record-keeping obligations can result in a penalty of up to $200, as stipulated in the Regulations. Failure to comply with the requirements set forth in these Regulations can lead to civil consequences. For instance, section 9 specifies that a penalty of $200 may be imposed for the failure to keep proper records of milk and butter fat purchases. This penalty underscores the importance of adhering to the prescribed record-keeping obligations. Additionally, any misrepresentation in the information provided in the returns could lead to further civil or administrative actions under the overarching Act. While the Regulations do not explicitly outline criminal penalties, non-compliance with statutory obligations can potentially lead to legal repercussions under the primary Act.

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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.