Dairying Research Levy Act 1972

Overview

The Dairying Research Levy Act 1972 was enacted to establish a levy on certain milk and butter fat produced and sold by producers within Australia. The Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, with the aim of generating funds for research in the dairy industry. The policy objective is to support the Dairying Research Committee, established under the Dairying Research Act 1972, by imposing a levy on milk and butter fat to facilitate research and development initiatives that benefit the industry. The levy rates are prescribed within the Act, with the Governor-General required to consider recommendations from the Committee before setting the rates, ensuring that they do not exceed the recommended levels. The Act provides for specific exemptions, such as milk intended for human consumption and milk sold by retail, to alleviate the burden on certain sectors of the industry.

Scope and Application

The Dairying Research Levy Act 1972 applies to producers of whole milk and butter fat in Australia. Specifically, the Act imposes a levy on these dairy products, which must be paid by the producers. The levy applies to whole milk produced in Australia and sold by the producer, and to butter fat produced in Australia from whole milk and sold by the producer. Exemptions apply for whole milk intended for human consumption and for retail sales of whole milk. The Act allows the Governor-General to make regulations, not inconsistent with the Act, that prescribe matters necessary or convenient for carrying out the Act. The Act’s reach extends nationally as it is Commonwealth legislation. The levy rates are prescribed through regulations, which cannot exceed the rate recommended by the Dairying Research Committee. The Dairying Research Levy Collection Act 1972 must be read in conjunction with this Act.

Key Provisions

The Dairying Research Levy Act 1972 primarily focuses on the imposition of a levy on whole milk and butter fat produced and sold by producers within Australia. Section 6 imposes a levy on whole milk produced in Australia and sold by the producer, while Section 10 imposes a levy on butter fat produced from whole milk within Australia and sold by the producer of the butter fat. The rate of the levy for whole milk is prescribed and must not exceed 0.04 cent per gallon (Section 7(1)), and for butter fat, it must not exceed twelve cents per hundredweight (Section 11(1)). Before making regulations, the Governor-General must consider recommendations from the Dairying Research Committee regarding the rate of the levy, and regulations cannot prescribe a rate higher than that recommended by the Committee (Sections 7(2) and 11(2)). The Act imposes specific obligations on producers. Producers of whole milk are liable to pay the levy on the whole milk they produce and sell (Section 8). Similarly, producers of butter fat are liable to pay the levy on the butter fat they produce and sell (Section 12). However, there are exemptions to these levies. Whole milk sold for human consumption is exempt from the levy if the total quantity purchased by the purchaser during a specified period does not exceed a prescribed maximum quantity (Section 9(2)). Additionally, retail sales of whole milk are exempt from the levy (Section 9(3)). The Act provides flexibility through regulations, which the Governor-General may make under Section 13 to prescribe matters necessary for the Act's implementation, provided they do not conflict with the Act. Breaches of the Act may result in civil and criminal consequences. The specifics of these consequences are not detailed in the provided text, but typically, non-compliance with levy payments or failure to adhere to the regulations may result in fines, penalties, or other legal actions as prescribed by the relevant authorities. The maximum penalties for such breaches would be determined by the regulations made under the Act or other relevant legislation. The Act does not specify maximum penalties within the text, but these would be detailed in the regulations or enforcement guidelines established by the relevant authorities.