Dairy Produce Levy (No. 1) Amendment Act 1989

No. 131 of 1989

An Act to amend the Dairy Produce Levy (No. 1) Act 1986

[Assented to 7 November 1989]

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 Levy (No. 1) Amendment Act 1989.

(2) In this Act, “Principal Act” means the Dairy Produce Levy (No. 1) Act 19861.

Commencement

2. (1) In this section:

“month” means one of the months of a calendar year.

(2) This Act commences:

(a) if the Exotic Animal Disease Control Act 1989 commences on the first day of a month—on the first day after the end of that month; or

(b) if paragraph (a) does not apply—on the first day after the end of the month next following the month in which that Act commences.

Interpretation

3. Section 4 of the Principal Act is amended by omitting from the definition of “milk fat levy” in subsection (1) “or the research levy” and substituting “, the research levy or the exotic animal disease levy”.

Imposition of levies

4. Section 5 of the Principal Act is amended:

(a) by omitting from subsection (1) “4” and “and the research levy” and substituting “5” and “, the research levy and the exotic animal disease levy” respectively;

(b) by inserting after subsection (3) the following subsection:

“(3a) The exotic animal disease levy is imposed only on the milk fat content of relevant dairy produce that is sold before 1 July 1995.”.

Rates of levies

5. Section 7 of the Principal Act is amended by inserting after subsection (4) the following subsection:

“(4a) The rate of the exotic animal disease levy imposed by section 5 on the milk fat content of relevant dairy produce is such amount per kilogram of milk fat content in, or comprising, the relevant dairy produce as is, for the time being, prescribed for the purposes of this subsection, being an amount that does not exceed 0.066 cent.”.

Regulations

6. Section 14 of the Principal Act is amended by adding at the end the following subsection:

“(4) Before making regulations prescribing a rate for the purposes of subsection 7 (4a), the Governor-General shall take into consideration any recommendation with respect to the rate made to the Minister by the members of the Exotic Animal Disease Preparedness Consultative Council (being the Council established by the Exotic Animal Disease Control Act 1989) nominated by the National Farmers’ Federation and regulations shall not be made prescribing a rate that is higher than the rate last recommended by those members to the Minister.”.

NOTE

1. No. 55, 1986, as amended. For previous amendment, see No. 18, 1988.

[Minister’s second reading speech made in—

House of Representatives on 24 May 1989

Senate on 26 October 1989]