Dairying Industry Research and Promotion Levy Regulations (Amendment)

Overview

The Statutory Rules 1978 No. 100, made under the Dairying Industry Research and Promotion Levy Act 1972, were enacted to address the need for specific rates to be set for the levy applicable to the dairying industry. This legislation was introduced to provide a clear and consistent framework for the collection of levies intended to fund research and promotion activities within the industry. The enactment body responsible for these regulations is the Australian Government, acting through the Governor-General with the advice of the Federal Executive Council. The policy objective of these regulations is to ensure that the rates for the levy are set in a manner that accurately reflects the intended purposes of funding industry research and promotion, thereby supporting the growth and sustainability of the dairy sector in Australia.

Scope and Application

The Dairying Industry Research and Promotion Levy Regulations 1978, made under the Dairying Industry Research and Promotion Levy Act 1972, apply to entities involved in the dairy industry, specifically targeting the collection of levies to fund research and promotion activities. The regulations set forth the rates for levies on whole milk and butter fat, prescribing 6 cents per 100 litres of whole milk and $1.50 per 100 kilograms of butter fat. These rates are applicable nationally, thereby impacting all entities engaged in dairy production and processing within Australia. The regulations do not specify exclusions or exemptions but are enforced through the prescribed rates set out in subordinate instruments. These amendments are intended to ensure that the levies collected are adequate to support the industry's research and promotional needs, and they came into effect on 1 July 1978.

Key Provisions

The main operative sections of these Regulations under the Dairying Industry Research and Promotion Levy Act 1972 are sections 2 and 3, which amend the rates prescribed for the levy. Specifically, Regulation 6 of the original Dairying Industry Research and Promotion Levy Regulations is amended to change the rate from 1.9 cents to 6 cents per 100 litres of whole milk (section 2). Similarly, Regulation 9 is amended to change the rate from 47.25 cents to $1.50 per 100 kilograms of butter fat (section 3). These changes are effective from 1 July 1978. The Act imposes certain obligations on the parties and entities it governs, particularly on those involved in the dairy industry. These obligations include the payment of the specified levies on whole milk and butter fat as prescribed by the Regulations. The Australian Dairy Corporation and the Australian Dairy Farmers’ Federation are mandated to recommend the rates to the Minister, and these recommendations, once approved, form the basis for the levy rates set out in the Regulations. The levies are intended to fund research and promotion activities within the dairying industry. Breach of the provisions in these Regulations may lead to various consequences. Although the specific Offences and penalties are not detailed within the text of these Regulations, it is reasonable to infer that non-compliance with the prescribed levies could result in civil or criminal penalties under the overarching Act. Typically, failure to pay the levies could lead to fines or other enforcement actions. The maximum penalties would be defined within the primary Act, but could potentially include fines or imprisonment, depending on the severity and intent of the breach.