Dairy Produce Amendment Act 1987

No. 162 of 1987

An Act to amend the Dairy Produce Act 1986

[Assented to 26 December 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1.(1) This Act may be cited as the Dairy Produce Amendment Act 1987.

(2) The Dairy Produce Act 19861 is in this Act referred to as the Principal Act.

Commencement

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

3. After section 51 of the Principal Act the following section is inserted:

IDA minimum price

“51a. (1) The regulations may provide a method for ascertaining the price that, for the purposes of this section, is to be the IDA minimum price of a quantity of a controlled dairy export.

“(2) A licensee shall not enter into a contract to export a quantity of a controlled dairy export from Australia at a price (in this section called the ‘export price’) that is less than the IDA minimum price for that quantity of the controlled dairy export.

“(3) Where:

(a) a licensee contravenes subsection (2) in relation to a contract; and

(b) the Corporation does not make a determination under subsection (5) in relation to the contract;

the licensee shall, within 60 days after the contract is entered into, pay the Corporation an amount equal to the difference between the IDA minimum price and the export price.

“(4) A payment by a licensee under subsection (3) is, for the purposes of section 93, made for the purposes of the Market Support Fund.

“(5) The Corporation may determine that the licensee’s contracting to export the controlled dairy export at less than the IDA minimum price was justified by exceptional circumstances.

“(6) The Corporation shall not enter into a contract to export a quantity of a controlled dairy export from Australia at a price that is less than the IDA minimum price for that quantity of the controlled dairy export except in accordance with a written authorisation by the Minister.

“(7) The Minister shall cause a copy of an authorisation given under subsection (6) to be laid before each House of the Parliament within 15 sitting days of that House after the authorisation is given.

“(8) A person who contravenes this section does not, merely because of the contravention, commit an offence against this Act.

“(9) Regulations made for the purposes of subsection (1) may apply, adopt or incorporate, with or without modification, the Arrangement as in force or existing at a particular time, or as in force or existing from time to time.

“(10) In this section:

‘Arrangement’ means the International Dairy Arrangement done at Geneva on 12 April 1979;

‘controlled dairy export’ means dairy produce to which regulations made for the purposes of subsection 52 (2) apply.”.

Cancellation of licences

4. Section 59 of the Principal Act is amended:

(a) by omitting from subsection (2) “The” and substituting “Subject to subsection (5), the”;

(b) by omitting from paragraph (2) (a) “or” (last occurring);

(c) by inserting after paragraph (2) (a) the following paragraph:

“(aa) the licensee contravenes subsection 51a (2); or”; and

(d) by adding at the end the following subsections:

“(4) If a licensee contravenes subsection 51a (3), the Corporation shall, subject to subsection (5), give written notice to the licensee:

(a) cancelling the licensee’s export licence; or

(b) suspending the licensee’s export licence for the period specified in the notice.

“(5) If:

(a) a licensee contravenes subsection 51a (2) or (3) in relation to a contract; and

(b) a determination of the Corporation under subsection 51a (5) is in force in relation to the contract;

the Corporation shall not cancel or suspend the licensee’s export licence because of the contravention.

“(6) Where the Corporation suspends an export licence under subsection (2) or (4) because of the existence of certain circumstances, the Corporation may subsequently cancel the licence under that subsection because of the continued existence of those circumstances.”.

Reconsideration and review of decisions

5. Section 118 of the Principal Act is amended:

(a) by inserting “51a,” after “section” in the definition of “relevant licence decision” in subsection (1); and

(b) by inserting “or (4)” after “59 (2)” in the definition of “relevant licence decision” in subsection (1).

NOTE

1. No. 54, 1986, as amended. For previous amendment, see No. 168, 1986.

[Minister’s second reading speech made in—

House of Representatives on 4 November 1987

Senate on 26 November 1987]