Processed Milk Products Bounty Act (No. 2) 1970

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Processed Milk Products Bounty (No. 2)

No. 92 of 1970

An Act to amend the Processed Milk Products Bounty Act 1962–1968, as amended by the Processed Milk Products Bounty Act 1970, to make provision for the Payment of Bounty on the Export of certain Dried Milk Products and Casein.

[Assented to 2 November 1970]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Processed Milk Products Bounty Act (No. 2) 1970.

(2.) The Processed Milk Products Bounty Act 1962–1968, as amended by the Processed Milk Products Bounty Act 1970, is in this Act referred to as the Principal Act.

(3.) Section 1 of the Processed Milk Products Bounty Act 1970 is amended by omitting sub-section (2.).

(4.) The Principal Act, as amended by this Act, may be cited as the Processed Milk Products Bounty Act 1962–1970.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Definitions.

3. Section 3 of the Principal Act is amended by omitting the definition of “processed milk product” and inserting in its stead the following definitions:—

“‘casein’ means casein produced from—

(a) skimmed cows’ milk;

(b) buttermilk; or

and includes caseinates and co-precipitates of milk protein;

‘dried milk product’ means—

(a) a powdered product obtained by drying—

(i) skimmed cows’ milk;

(ii) buttermilk; or

(iii) a mixture of skimmed cows’ milk and buttermilk;

(b) a mixture of powdered products so obtained; or

(i) a dried milk product referred to in paragraph (a) or (b) of this definition; and

(ii) another substance or other substances,

where the weight of the dried milk product so referred to is not less than eighty per centum of the weight of the mixture,

but does not include casein;

‘processed milk product’ means a product produced in Australia wholly or partly from cows’ milk, or from a substance or substances derived from cows’ milk, being—

(a) a product containing butter fat;

(b) a dried milk product; or

but does not include—

(d) butter;

(e) cheese;

(f) a product that is a butter fat product within the meaning of the Dairying Industry Act 1962–1970; or

(g) a product, other than a dried milk product or casein, produced from skimmed cows’ milk, buttermilk or whey;”.

Specification of bounty.

4. Section 4 of the Principal Act is amended—

(a) by inserting in sub-section (2.), after the word “products”, the words “, other than dried milk products or casein,”; and

(b) by inserting after sub-section (2.) the following sub-section:—

“(2a.) The bounty is payable in respect of processed milk products, being dried milk products or casein, produced and exported during the year that commenced on the first day of July, One thousand nine hundred and seventy.”.

Rate of bounty.

5. Section 5 of the Principal Act is amended—

(a) by inserting after the word “product” (first occurring) the words “, other than any dried milk product or casein,”; and

(b) by adding at the end thereof the following sub-sections:—

“(2.) The rate of the bounty in respect of any dried milk product or casein produced and exported during the year that commenced on the first day of July, One thousand nine hundred and seventy, shall be ascertained in accordance with the formula

, where—

a is a number equal to the number of pounds of the dried milk product or casein;

b is—

(a) in the case of any dried milk product—One million eight hundred and four thousand dollars; and

(b) in the case of any casein—One million five hundred and seventy-five thousand dollars; and

c is—

(a) in the case of any dried milk product—a number equal to the number of pounds of the total quantity of dried milk products produced and exported during that year; and

(b) in the case of any casein—a number equal to the number of pounds of the total quantity of casein produced and exported during that year.

“(3.) For the purposes of the last preceding sub-section, the weight of any quantity of a dried milk product that is a mixture containing a substance that is not itself a dried milk product

shall be deemed to be the weight of that quantity, less the weight of that substance.”.

Limit of bounty.

6. Section 6 of the Principal Act is amended—

(a) by inserting in sub-section (1.), after the word “products”, the words “, other than dried milk products or casein,”;

(b) by inserting in sub-section (2.), after the word “products”, the words “, other than dried milk products or casein,”; and

(c) by inserting in sub-section (3.), after the word “products”, the words “, other than dried milk products or casein,”.

Interim rates of bounty.

7. Section 7 of the Principal Act is amended—

(a) by inserting in sub-section (1.), after the word “bounty” (first occurring), the words “in respect of processed milk products, other than dried milk products or casein, exported during that year”;

(b) by inserting in paragraph (a) of sub-section (1.), after the word “in”, the word “such”; and

“(2.) The Minister shall, from time to time during the period commencing on the day on which this sub-section came into operation and ending on the thirtieth day of June, One thousand nine hundred and seventy-one, determine interim rates of bounty in respect of processed milk products, being dried milk products or casein, produced and exported during the year that commenced on the first day of July, One thousand nine hundred and seventy, having regard to—

(a) the appropriate amount specified in sub-section (2.) of section 5 of this Act; and

(b) estimates made by him from time to time, after consultation with the Australian Dairy Industry Council, of the quantities of such processed milk products that will be produced and exported during that year.

“(3.) Amounts on account of bounty may be paid at the appropriate interim rate.

“(4.) Where the amount, or the sum of the amounts, paid to a person in accordance with the last preceding sub-section on account of bounty in respect of any processed milk product exceeds the amount of the bounty that becomes payable to that person in respect of that processed milk product, the amount of the excess is repayable to the Commonwealth on demand in writing by or on behalf of the Minister and, if not paid within three months after the demand, is recoverable in a court of competent jurisdiction as a debt due to the Commonwealth.”.

Overview

The Processed Milk Products Bounty Act (No. 2) 1970 was enacted to amend the existing Processed Milk Products Bounty Act 1962–1968, as further amended by the Processed Milk Products Bounty Act 1970. This legislation was introduced by the Parliament of Australia to address the need for specific provisions concerning the payment of bounty on the export of certain dried milk products and casein. The Act aims to provide a formula for determining the bounty payable on these products, thereby offering financial support to the dairy industry and encouraging the export of these specific milk products. The primary policy objective of this Act is to facilitate and support the export of processed milk products, including dried milk products and casein, by establishing a structured bounty payment system.

Scope and Application

The Processed Milk Products Bounty Act (No. 2) 1970 applies to the export of certain dried milk products and casein produced within Australia. This Act amends the Processed Milk Products Bounty Act 1962–1968, as previously amended by the Processed Milk Products Bounty Act 1970, to provide for the payment of a bounty on these specified products. It specifies that the bounty is applicable to processed milk products, including dried milk products and casein, produced and exported during the financial year starting on the first day of July 1970. The Act defines "dried milk product" and "casein" explicitly, while excluding products such as butter, cheese, and other specific items from the bounty's scope. The bounty rate is determined by a specific formula that considers the weight and total quantity of the exported products. The Act also provides for interim rates of bounty to be determined by the Minister, with potential repayments if interim payments exceed the final bounty amount.

Key Provisions

The Processed Milk Products Bounty (No. 2) Act 1970 amends the Processed Milk Products Bounty Act 1962–1968 to provide for the payment of a bounty on the export of certain dried milk products and casein. The Act modifies the definition of key terms such as "casein," "dried milk product," and "processed milk product" (sections 3 and 5). Specifically, it defines "casein" as casein produced from skimmed cows' milk, buttermilk, or a mixture thereof, and includes caseinates and co-precipitates of milk protein. "Dried milk product" is defined as a powdered product obtained by drying skimmed cows' milk, buttermilk, or a mixture thereof, or a mixture of such powdered products, provided the weight of the dried milk product is at least 80% of the mixture. "Processed milk product" is expanded to include products containing butter fat, dried milk products, or casein, but excludes butter, cheese, butter fat products, and other products derived from skimmed cows' milk, buttermilk, or whey (section 3). The Act specifies that the bounty applies to processed milk products, excluding dried milk products and casein, produced and exported during the fiscal year commencing 1 July 1970 (section 4). Under the amended Act, the Minister is required to determine interim rates of bounty for dried milk products and casein produced and exported during the specified fiscal year, taking into account the appropriate amounts specified in the Act and estimates of production and export quantities (section 7). The Minister can pay interim bounty amounts, but any excess paid must be repaid to the Commonwealth if not settled within three months of a written demand (section 7). The bounty rate for dried milk products and casein is calculated using a formula that incorporates the quantity of the product and total production figures for the year (section 5). Failure to comply with the Act’s provisions, such as repaying excess bounty amounts, may result in legal action to recover the debt in a court of competent jurisdiction. While the Act does not explicitly state criminal penalties for non-compliance, it implies that failure to repay excess bounty amounts can lead to civil consequences. The exact nature of these consequences would be determined by the court handling the recovery of the debt.

Area of Law: Commercial Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Specification of bounty; Rate of bounty

Interactions

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.

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