PROCESSED MILK PRODUCTS BOUNTY.

No. 47 of 1962.

An Act to make provision for the Payment of Bounty on the Export of certain Processed Milk Products.

[Assented to 28th May, 1962.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—

Short title.

1. This Act may be cited as the Processed Milk Products Bounty Act 1962.

Commencement.

2. This Act shall come into operation on the first day of July, One thousand nine hundred and sixty-two.

Definitions.

3. In this Act, unless the contrary intention appears—

“bounty” means bounty under this Act;

“processed milk product” means goods produced wholly or partly from cow’s milk or from materials derived from cow’s milk, being goods containing butter fat, but does not include—

(a) butter;

(b) cheese;

(d) goods produced from skimmed milk, butter milk or whey;

“the prescribed period” means the period commencing on the date of commencement of this Act and ending on the thirtieth day of June, One thousand nine hundred and sixty-three.

Specification bounty.

4.—(1.) Subject to this Act, a bounty is payable on the export of processed milk products.

(2.) The bounty is payable in respect of processed milk products exported during the prescribed period.

(3.) The bounty is not payable in respect of a processed milk product produced from goods in respect of which bounty has been paid or is payable under the Dairying Industry Act 1957 or under the Dairying Industry Act 1962.

(4.) The bounty is payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

Rate of bounty.

5. The rate of the bounty in respect of any processed milk product shall be ascertained in accordance with the formula , where—

a is the number of pounds of butter fat in the processed milk product; and

b and c have the same respective values as the symbols b and c in the formula set out in sub-section (1.) of section six of the Dairying Industry Act 1962 have in relation to bounty under that Act in respect of butter produced during the prescribed period.

Limit of bounty.

6.—(1.) The amount available for payment of the bounty is Three hundred and fifty thousand pounds.

(2.) Where the amount available for the payment of bounty is insufficient for the payment in full of all valid claims, the bounty otherwise payable in respect of each of those claims shall be reduced to an amount that bears the same proportion to the amount of the claim as the amount so available bears to the total amount of all such claims.

(3.) If the Minister is of the opinion that the amount available for the payment of bounty will be insufficient for the payment in full of all valid claims, he may withhold payment of the whole or any part of the bounty otherwise payable upon any such claim until he has ascertained the total amount of all such claims.

Interim rates of bounty.

7.—(1.) The Minister shall, from time to time during the prescribed period, determine interim rates of bounty, having regard to—

(a) estimates made by him from time to time, after consultation with The Processed Milk Manufacturers Association of Australia Limited, of the quantity of

butter

butter fat that will be contained in processed milk products that will be exported during the prescribed period;

(b) the amount available under the last preceding section for payment of the bounty; and

(c) the interim rates of bounty from time to time determined under the Dairying Industry Act 1962 in respect of butter produced during the prescribed period.

(2.) Bounty may be paid at the interim rates determined under the last preceding sub-section.

(3.) Bounty paid to a person at an interim rate shall be set off against the amount of bounty to which that person is or may become entitled.

To whom bounty payable.

8. Bounty is payable to the producer of the processed milk product.

Inspection of books and accounts.

9.—(1.) For the purposes of this Act, a person authorized in writing by the Minister to exercise powers under this section may, at all reasonable times—

(a) enter premises where processed milk products are produced or premises where any books or accounts relating to the production of processed milk products are kept; and

(b) inspect, and make copies of or take extracts from, any such books or accounts.

(2.) A person shall not obstruct or hinder a person authorized to exercise powers under this section in the exercise of those powers.

Penalty: Fifty pounds.

Offences.

10. A person shall not—

(a) obtain a payment under this Act by means of a false or misleading statement;

(b) present to a person performing duties in relation to this Act or the regulations a document, or make to such a person a statement, that is false or misleading in a material particular; or

Penalty: Five hundred pounds or imprisonment for twelve months.

Regulations

11. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary

or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, for—

(a) requiring persons to furnish returns for the purposes of this Act;

(b) providing that bounty is not to be payable, or that payment of bounty may be withheld, where a provision of the regulations has not been complied with; and