Processed Milk Products Bounty Regulations (Amendment)

Overview

The Processed Milk Products Bounty Regulations 1969 were enacted to amend the Processed Milk Products Bounty Regulations under the Processed Milk Products Bounty Act 1962-1968. This legislation was introduced to address the need for specific regulations regarding the application of sub-section (3.) of section 4 of the Processed Milk Products Bounty Act 1962-1968 in respect of certain processed milk products, particularly condensed milk. The regulation was made by the Governor-General in accordance with the advice of the Federal Executive Council, taking into consideration a recommendation from the Australian Dairy Produce Board. The overarching policy objective is to provide clarity and precision in the application of the bounty provisions to ensure that the correct processed milk products are subject to the specified conditions, thereby supporting the industry and maintaining standards within the processed milk products sector.

Scope and Application

The Processed Milk Products Bounty Regulations 1969, made under the Processed Milk Products Bounty Act 1962-1968, pertain specifically to the bounty applicable to processed milk products, with a particular focus on condensed milk. The Act applies to entities within the milk processing industry, particularly those involved in the production of processed milk products, and it operates at the national level, being a Commonwealth regulation. The Act’s scope is narrowly tailored to exclude certain types of condensed milk from the application of subsection (3) of section 4, as recommended by the Australian Dairy Produce Board. Specifically, the regulation exempts condensed milk, whether sweetened or unsweetened, that contains not less than 7.5 parts per centum of butter fat from the specified subsection. This exemption includes condensed milk to which a flavouring substance has been added. The regulation was made with consideration of the Board's recommendation and is intended to fine-tune the application of the bounty provisions to align with industry standards and practices.

Key Provisions

The Processed Milk Products Bounty Regulations 1969 (C1969L00073) introduce a specific amendment to the Processed Milk Products Bounty Regulations under the Processed Milk Products Bounty Act 1962-1968. The amendment, outlined in regulation 7, specifies that sub-section (3.) of section 4 of the Act does not apply to condensed milk. Regulation 7(1.) clarifies that this exemption applies to condensed milk, whether it is sweetened or unsweetened, and provided it contains not less than 7.5% butter fat. Regulation 7(2.) further specifies that this exemption includes condensed milk to which a flavouring substance has been added. This amendment aims to clarify the application of the bounty provisions to certain types of condensed milk. Under the amended regulations, parties or entities involved in the production, processing, or distribution of condensed milk within the specified parameters are subject to the exemption from sub-section (3.) of section 4. This means that these parties are no longer bound by the limitations or requirements that sub-section (3.) imposes on other processed milk products. The regulation seeks to streamline the application of the bounty for this particular type of milk product, ensuring that it falls outside the scope of certain regulatory constraints. For breaches of the provisions set forth in the Processed Milk Products Bounty Regulations 1969, there may be both civil and criminal consequences. While the specific offences, penalties, and consequences are not detailed within the text of the regulation itself, they are typically outlined in the parent Act, the Processed Milk Products Bounty Act 1962-1968. Under the Act, penalties for non-compliance could include fines and other sanctions. The exact penalties would depend on the nature and severity of the breach, and could be subject to judicial discretion. The potential for legal action underscores the importance of adhering to the regulations governing the bounty provisions for processed milk products.