Dairying Industry Research and Promotion Levy Regulations (Amendment)

Overview

The Statutory Rules 1980 No. 185, under the Dairying Industry Research and Promotion Levy Act 1972, address the need for regulated rates that the Australian Dairy Corporation recommends for the levy imposed on the dairy industry. Enacted by the Governor-General, with the advice of the Federal Executive Council, these regulations aim to ensure that the rates prescribed for the levy accurately reflect the current economic conditions and industry requirements. The policy objective of these regulations is to facilitate effective research and promotion activities within the dairy sector by establishing a fair and structured levy system that supports industry growth and development. These regulations, which came into operation on 1 July 1980, adjust the prescribed rates in line with recommendations from the Australian Dairy Corporation, ensuring the levy remains relevant and effective. The amendments specifically alter the rates mentioned in paragraphs 7(c) and 11(c) of the Act, enhancing the regulatory framework to better meet the industry's needs.

Scope and Application

The Dairying Industry Research and Promotion Levy Regulations, as amended in 1980, apply to entities involved in the dairying industry across Australia, specifically targeting those who are subject to the requirements and provisions of the Dairying Industry Research and Promotion Levy Act 1972. The regulations govern the rates prescribed for the levy, which is intended to fund research and promotional activities within the industry. This includes producers, processors, and other stakeholders engaged in the dairying sector, ensuring that the financial burden is distributed according to the volume of their production or activities. The amendments to these regulations, which took effect from 1 July 1980, adjust the levy rates, with the primary changes being an increase from 3.6 to 4 for certain activities and from 90 cents to $1.00 for others, reflecting adjustments based on recommendations from the Australian Dairy Corporation. These regulations are applicable nationally, covering all states and territories within Australia.

Key Provisions

The main operative sections of these Regulations, made under the Dairying Industry Research and Promotion Levy Act 1972, involve adjustments to the rates specified for certain purposes. Specifically, Regulation 7, which addresses the rate prescribed for the purposes of paragraph 7(c) of the Act, is amended to change the rate from 3.6 to 4. Similarly, Regulation 10, which pertains to the rate prescribed for the purposes of paragraph 11(c) of the Act, is altered to increase the rate from 90 cents to $1.00. These changes are effective as of 1 July 1980. The Act and these Regulations impose specific obligations on the parties involved in the dairying industry. Under the Act, the Australian Dairy Corporation is required to make recommendations to the Minister regarding the rates to be prescribed in the Regulations. The Governor-General, in turn, must take these recommendations into account when making the Regulations. Furthermore, the Act mandates that the Minister must ensure that the levies are used for research and promotion activities within the dairying industry. These obligations ensure that the regulatory framework is both informed and aligned with industry needs. Non-compliance with the provisions of these Regulations can lead to various consequences. While specific offences and penalties are not detailed within the text, breaches of the Dairying Industry Research and Promotion Levy Act 1972 or the associated Regulations could potentially result in civil or criminal penalties. These penalties may vary depending on the nature and severity of the breach, but the Act and Regulations provide a framework for enforcement actions to ensure adherence to the prescribed rates and obligations.