Dairying Research Levy Collection Regulations

Legislation au C1972L00113 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1972 No.

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REGULATIONS UNDER THE DAIRYING RESEARCH LEVY

COLLECTION ACT 1972.*

 

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 Research Levy Collection Act 1972.

Dated this fourteenth day of July,1972.

Rohan Delacombe

Administrator

By His Excellency’s Command,

Minister of State for Primary Industry.

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DAIRYING RESEARCH LEVY COLLECTION REGULATIONS.

Citation.

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

Interpretation.

2. 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 whole milk or butter fat on which levy is imposed from the producer of that whole milk or butter fat; and

(b) a reference to an authorized agent shall be read as a reference to a person appointed in pursuance of regulation 6 of these Regulations to be an authorized agent.

Manner of payment of levy, &c.

3. —(1.) Payment of levy or other amounts payable to the Commonwealth under the Dairying Research Levy Collection Act 1972 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.

 (2.)  Payment of levy or other amounts payable to the Commonwealth under the Dairying Research Levy Collection Act 1972 in respect of whole milk or butter fat purchased in the Australian Capital Territory or the Northern Territory of Australia shall be made at the office of the Department of Primary Industry in Canberra.

Returns.

4. —(1.) Where, in a month, a person purchases any whole milk or butler fat, the purchaser shall, on or before the twenty-eighth day of the next succeeding month, furnish to the Secretary, as provided by the next succeeding sub regulation, a return and declaration, in accordance with Form 1 in the Schedule to these Regulations, with respect to the whole milk or butter fat so purchased.

(2.) A return with respect to whole milk or butter fat purchased—

(a) shall be signed by the purchaser or one of the purchasers, by the authorized agent of the purchaser or of one of the purchasers or, of the purchaser is a company, by a director or the secretary of the company; and

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*Notified in the Commonwealth Gazette on 1972

16184/72—Price 8c 11/16.6.1972.


(b)  shall be furnished to the Secretary by delivering it—

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

(ii) in the case of whole milk or butter fat purchased in the Australian Capital Territory or the Northern Territory of Australia—at the office of the Department of Primary Industry in Canberra.

Proper records to be kept.

5. A person who purchases whole milk or butter fat shall keep or cause to be kept proper records showing, in respect of each month, the quantity of whole milk and the quantity of butter fat purchased by him during that month.

Penalty: Two hundred dollars.

Authorized agents.

6. —(1.) A person who purchases whole milk or butter fat may appoint a person to be his authorized agent for the purpose of executing, from time to time, on his behalf the declarations in forms in accordance with Form 1 in the Schedule to these Regulations.

(2.)  The appointment of an authorized agent by the purchaser of whole milk or butter fat—

(a) shall be in accordance with Form 2 in the Schedule to these Regulations; and

(b)    shall be lodged—

(i) where the appointment relates to whole milk or butter fat purchased in a State—at the office of (he Department of Primary industry in that State; and

(ii) where the appointment relates to whole milk or butter fat purchased in the Australian Capital Territory or the Northern Territory of Australia—at the office of the Department of Primary Industry in Canberra.

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THE SCHEDULE

Form 1

Regulation 4

Commonwealth oF Australia

Dairying Research Levy Collection Act

RETURN OF WHOLE MILK AND BUTTER FAT* PURCHASED

Name of purchaser

Address of purchaser

Particulars of whole milk and butter fat* purchased during the month of

19 , by the abovementioned person, and particulars of the levy payable in respect of that whole milk and butter fat,* are as follows: —

Commodity

Quantity

Rate of levy

Amount of levy payable

 

 

cents

$

*Butter Fat........

cwt

per cwt

 

*Whole Milk.......

gals

per gal

 

 

 

Total Levy........

 

DECLARATION

I, (full name and address), declare—

1. That I am the purchaser (or as the case may be) of the abovementioned whole milk and butter fat.*

2. That the information contained in the above return is true in every particular.

Declared at this day of , 19  .

(Signature)

Witness (Signature, address and occupation)

To the Secretary to the Department of Primary Industry.

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* If the return relates only to whole milk or only to butter fat, strike out the reference to butter fat or whole milk, as the case may be.

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Regulation 6

Form 2

Commonwealth of Australia

Dairying Research Levy Collection Act

APPOINTMENT OF AUTHORIZED AGENT

To the Secretary to the Department of Primary Industry

I, (full name and address of purchaser), hereby appoint (full name, address and occupation of authorized agent), a specimen of whose signature appears on this appointment, to be my authorized agent for the purpose of executing, from time to time, on my behalf the declarations in forms in accordance with Form 1 in the Schedule to the Dairying Research Levy Collection Regulations,

Dated at.

this day of , 19   .

(Signature)

Witness (Signature, address and occupation)

(Signature of authorized agent).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Dairying Research Levy Collection Regulations 1972 were enacted under the authority of the Dairying Research Levy Collection Act 1972. This legislation was introduced to address the need for a structured mechanism to collect levies on whole milk and butter fat to fund research within the dairy industry. The problem it sought to resolve was the lack of a coordinated and efficient system for levy collection, which would ensure that research funds were appropriately directed towards advancing the dairy industry. Enacted by the Parliament of Australia, these regulations provide the framework for the collection of levies and the subsequent use of those funds for research purposes. The policy objective behind these regulations is to support and enhance the dairy industry through research, thereby contributing to the overall economic and social welfare of Australia.

Scope and Application

The Dairying Research Levy Collection Regulations 1972 apply to any person or entity purchasing whole milk or butter fat on which a levy is imposed from the producer of that whole milk or butter fat. The regulations set out the manner in which the levy must be paid and the specific requirements for making returns and declarations regarding the quantities of whole milk and butter fat purchased. The regulations specify that the payment of the levy must be made at designated Department of Primary Industry offices in the capital cities of each state, as well as in Canberra for the Australian Capital Territory and the Northern Territory. Furthermore, purchasers of whole milk or butter fat are required to keep proper records of their purchases and submit a return and declaration to the Secretary within a specified timeframe. The regulations also allow for the appointment of authorised agents to handle these declarations on behalf of purchasers. These regulations have a national reach, applying across all states and territories in Australia, and are subject to modification through subordinate instruments, which can extend or restrict their application as deemed necessary.

Key Provisions

The Dairying Research Levy Collection Regulations, made under the authority of the Dairying Research Levy Collection Act 1972, establish a framework for the collection and administration of levies on the purchase of whole milk and butter fat. Section 3 outlines the manner of payment, stipulating that levies or other amounts payable to the Commonwealth must be made at the Department of Primary Industry's office in the capital city of the respective state or territory where the purchase occurs. For instance, payments for whole milk or butter fat purchased in a state must be made at the relevant state's capital, whereas payments for purchases in the Australian Capital Territory or the Northern Territory must be made in Canberra. Under Section 4, purchasers of whole milk or butter fat are mandated to submit a return and declaration by the 28th day of the following month. This return must detail the quantities of whole milk and butter fat purchased and the corresponding levies payable. The return must be signed by the purchaser or their authorized agent, and in the case of a company, by a director or the company secretary. This ensures accountability and transparency in the reporting of purchases and levies. The Regulations, as per Section 5, require purchasers to maintain accurate records of their monthly purchases of whole milk and butter fat. These records must be kept in a manner that allows for easy verification by the Department of Primary Industry. The obligation to keep proper records is crucial for both compliance and auditing purposes, ensuring that all purchases and levies are accurately accounted for. In terms of penalties for non-compliance, Section 5 imposes a penalty of two hundred dollars for failure to keep proper records. This penalty underscores the importance of adherence to the record-keeping requirements. Section 6 allows purchasers to appoint an authorized agent to execute declarations on their behalf, as detailed in Form 2 in the Schedule. This provision facilitates easier compliance by allowing designated individuals to handle the administrative tasks on behalf of the purchaser.

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Regulation
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Definitions & Interpretation
Reporting & Disclosure Obligations
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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.