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Dairy Industry Stabilization Act 1977

Act No. 51 of 1977 as amended, taking into account amendments up to Act No. 64 of 1983
Registered 25 Nov 2009
Start Date 18 Oct 1983
End Date 20 Nov 1996
Date of repeal 20 Nov 1996
Repealed by Repealed by Act No. 59 of 1996

DAIRY INDUSTRY STABILIZATION ACT 1977 [Note: This Act is "repealed" by Act No. 59 of 1996]
(#DATE 30:04:1984)

Compilation Information

- Reprinted as at 30 April 1984
*1* The Dairy Industry Stabilization Act 1977 as shown in this reprint comprises Act No. 51, 1977 amended as indicated in the Tables below.
Table of Acts
-----------------------------------------------------------------------------
Application, saving
Number Date Date of or
transitional Act and year of Assent commencement provisions
-----------------------------------------------------------------------------
Dairy Industry 51, 1977 7 June 1 July 1977
Stabilization Act 1977
1977
Dairy Industry 94, 1978 22 June 1 July 1978 S. 3 (2)
Stabilization 1978
Amendment Act 1978
as
amended
by
Statute Law 39, 1983 20 June S. 3: (a) -
(Miscellaneous 1983
Provisions) Act
(No. 1) 1983
Statute Law 80, 1982 22 Sept Part XXV -
(Miscellaneous 1982 (ss.70 and 71):
Amendments) Act 20 Oct 1982 (b)
(No. 2) 1982
Statute Law 39, 1983 20 June S. 3: 18 July S.7 (5)
(Miscellaneous 1983 1983 (c)
Provisions) Act
(No. 1) 1983
Dairy Industry 64, 1983 18 Oct 18 Oct 1983 -
Legislation 1983
Amendment Act 1983
-----------------------------------------------------------------------------
(a) The Dairy Industry Stabilization Amendment Act 1978 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, sub-section 2 (6) of which provides as follows:
"(6) The amendment of the Dairy Industry Stabilization Amendment Act 1978 made by this Act shall be deemed to have come into operation on 1 July 1978."
(b) The Dairy Industry Stabilization Act 1977 was amended by Part XXV (sections 70 and 71) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, sub-section 2 (16) of which provides that Part XXV shall come into operation on the twenty-eighth day after Royal Assent.
(c) The Dairy Industry Stabilization Act 1977 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, sub-section 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent."
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed
rs. = repealed and substituted
-----------------------------------------------------------------------------
Provision affected How affected
-----------------------------------------------------------------------------
S. 4 . . . . . . . . am. No. 94, 1978
S. 6 . . . . . . . . am. No. 39, 1983
S. 8A . . . . . . . . ad. No. 64, 1983
S. 10 . . . . . . . . am. No. 94, 1978 (as am. by No. 39, 1983)
S. 11A . . . . . . . ad. No. 94, 1978
am. No. 80, 1982
Ss. 12, 13 . . . . . am. No. 94, 1978
S. 16 . . . . . . . . am. No. 94, 1978
Ss. 21, 22 . . . . . am. No. 64, 1984
S. 24A . . . . . . . ad. No. 94, 1978
am. No. 64, 1983
S. 25 . . . . . . . . am. No. 64, 1983
-----------------------------------------------------------------------------

DAIRY INDUSTRY STABILIZATION ACT 1977 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

PART I-PRELIMINARY

Section

1. Short title

2. Commencement

3. Repeal

4. Interpretation

PART II-COLLECTION OF LEVY

5. Time for payment of levy

6. Penalty for non-payment

7. Recovery of levy

8. Refund of levy

8A. Benefit of refund to be passed on to exporter

PART III-STABILIZATION FUND AND STABILIZATION PAYMENTS

9. Dairy Products Stabilization Trust Fund

10. Payments into Fund

11. Separate accounts to be kept in Fund

11A. Determination of quotas

12. Stabilization payments

13. Rates of stabilization payments

14. To whom stabilization payments payable

15. Benefit of stabilization payments to be passed on to producers

16. Application of the Fund

17. Corporation may make certain payments from Fund

18. Moneys of Fund to be kept in separate bank account

19. Investment of moneys of Fund

PART IV-MISCELLANEOUS

20. Power to call for returns

21. Access to premises

22. Offences in relation to returns, &c.

23. Averments

24. Appointment of authorized persons

24A. Review of decisions

25. Regulations
SCHEDULE

REPEALED ACTS

DAIRY INDUSTRY STABILIZATION ACT 1977 - LONG TITLE

SECT

An Act providing for the collection of Levy imposed by the Dairy Industry Stabilization Levy Act 1977 and the establishment of a Dairy Products Stabilization Trust Fund and for other purposes

DAIRY INDUSTRY STABILIZATION ACT 1977 - PART I
PART I-PRELIMINARY

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 1
Short title

SECT

1. This Act may be cited as the Dairy Industry Stabilization Act 1977 .*1*

SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 2
Commencement

SECT

2. This Act shall come into operation on 1 July 1977.

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 3
Repeal

SECT

3. The Acts specified in the Schedule are repealed.

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 4
Interpretation

SECT

4. (1) In this Act, unless the contrary intention appears-
"authorized person" means a person who is, by virtue of an appointment under section 24, an authorized person for the purposes of the provision in which the expression occurs;
"eligible factory", in relation to dairy products of a particular kind, means-
(a) a factory at which dairy products of that kind were produced at any time during the year that commenced on 1 July 1977; and
(b) any other factory determined by the Minister, in writing, to be an eligible factory in respect of dairy products of that kind;
"Fund" means the Dairy Products Stabilization Trust Fund established by section 9;
"levy" includes a penalty under section 6;
"Levy Act" means the Dairy Industry Stabilization Levy Act 1977;
"maturation period", in relation to any cheese, means the period (if any) after the cheese is produced at a factory during which the cheese is kept, by or on behalf of the proprietor of the factory, at the factory or at some other place approved by an authorized person for the purposes of this definition, for the purpose of the controlled ageing of the cheese;
"month" means a month of the year;
"producer", in relation to any whole milk, means the person who, at the time when the whole milk was produced, was the owner of the cow that produced it, or, if, at that time, a person other than the owner of the cow was entitled to obtain the whole milk from the cow, that other person;
"quota" means a quota determined under section 11A or, if such a quota is varied, the quota as varied;
"separate account" means a separate account kept in the Fund in accordance with sub-section 11 (1) or regulations making a provision referred to in paragraph 11 (3) (a);
"stabilization payment" means a stabilization payment payable under this Act.


(1A) The Minister shall not determine that a factory is an eligible factory in respect of dairy products of a particular kind for the purposes of paragraph (b) of the definition of "eligible factory" in sub-section (1) unless, in the opinion of the Minister, the making of the determination will assist in the promotion of the orderly development of the dairy industry in Australia.

(2) Where the Minister considers that, for the purposes of this Act, it is reasonable that the maturation period in relation to particular cheese should end on a particular date, the Minister may, by notice in writing served on the owner of the cheese, fix that date as the last day of the maturation period in relation to that cheese for the purposes of this Act.

(3) A date fixed by a notice under sub-section (2) shall not be earlier than the date on which the notice is served.

(4) Where cheese kept for a maturation period weighs less on the last day of that period than it did on the first day, the weight of the cheese shall, for the purpose of calculating levy in respect of the cheese, be deemed to be the weight of the cheese on that last day.

(5) For the purposes of this Act, the period commencing on the date prescribed for the purposes of sub-section 6 (2) of the Levy Act with respect to a kind of dairy products and ending on the following 30 June, and each subsequent period of 12 months, is a production period with respect to that kind of dairy products.

(6) The regulations may provide that a production period with respect to a kind of dairy products shall be divided into 2 or more periods each of which shall be a production period with respect to that kind of dairy products any one or more of which may be periods that commenced before the date of commencement of the regulations.

(7) Before making regulations for the purposes of sub-section (6), the Governor-General shall take into consideration any relevant recommendation made to the Minister by the Corporation after consultation with the Advisory Committee.

(8) For the purposes of this Act, where dairy products that are owned by a person are not sold by that person but become vested in another person by operation of law, the dairy products shall be deemed to have been sold by the first-mentioned person to that other person at the time the dairy products so vest, and that other person shall be deemed to have purchased the dairy products from the first-mentioned person at that time.

DAIRY INDUSTRY STABILIZATION ACT 1977 - PART II
PART II-COLLECTION OF LEVY

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 5
Time for payment of levy

SECT

5. (1) Subject to sub-section (2), levy on any dairy products becomes due and payable on the expiration of 14 days after the last day of the month immediately following the month in which the products were sold by or on behalf of the person by whom the levy is payable.

(2) If dairy products on which levy is imposed are still in the ownership of the proprietor of the factory at which they were produced at the expiration of the prescribed period after the end of the production period in which they were produced, the levy on those dairy products becomes due and payable on the expiration of 14 days after the last day of that prescribed period.

(3) Subject to sub-section (2), where dairy products on which levy is imposed are used by the person by whom the levy is payable in the production of other products, whether dairy products or not, levy on the dairy products so used becomes due and payable on the expiration of 14 days after the last day of the month immediately following the month in which the dairy products were so used.

(4) In this section-
"levy" does not include a penalty under section 6;
"prescribed period" means-
(a) in relation to dairy products of a class in respect of which a period is prescribed for the purposes of this definition (whether that period is prescribed in respect of dairy products generally or a prescribed class or prescribed classes of dairy products)-the period so prescribed; or
(b) in relation to dairy products of a class in respect of which a period is not prescribed for the purposes of this definition-6 months.


DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 6
Penalty for non-payment

SECT

6. (1) Subject to this section, where the liability of a person to pay levy is not discharged at or before the time when that levy becomes due and payable, there is payable by that person to the Commonwealth, by way of penalty, in addition to that levy, an amount calculated at the rate of 20% per annum upon that levy, or upon that part of that levy from time to time remaining unpaid, to be computed from the time when that levy became due and payable.

(2) The Minister or, subject to sub-section (3), an authorized person may, in a particular case, for reasons that the Minister or authorized person, as the case may be, in his discretion thinks sufficient, remit the whole or a part of an amount payable under this section.

(3) A remission granted under sub-section (2) by an authorized person shall not exceed $1,000.

(4) In this section "levy" does not include a penalty under this section.

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 7
Recovery of levy

SECT

7. An amount of levy that becomes due and payable shall be deemed to be a debt due to the Commonwealth.

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 8
Refund of levy

SECT

8. (1) Where any levy has been overpaid, the amount overpaid shall be refunded by the Commonwealth.

(2) Where-
(a) an amount of levy has been refunded by the Commonwealth in accordance with the Levy Act or with sub-section (1) of this section; and
(b) the amount so refunded has been taken into account in calculating the amount of a payment under sub-section 10 (1),
the Corporation shall pay to the Commonwealth an amount equal to the amount so refunded.

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 8A
Benefit of refund to be passed on to exporter

SECT

8A. (1) Where-
(a) an amount of levy is refunded under sub-section 6 (3) of the Levy Act in respect of-
(i) dairy products that have been exported from Australia; or
(ii) dairy products that have been used in the production of other products (in this sub-section referred to as the "mixed products") that have been exported from Australia; and
(b) the person (in this sub-section referred to as the "producer") to whom the refund is made was not the owner of the dairy products or the mixed products, as the case may be, immediately before the time when those dairy products or mixed products were exported,
the producer shall pay to the person who was the owner of those dairy products or mixed products immediately before that time an amount equal to the amount of levy so refunded.

(2) A person to whom an amount is payable by another person under sub-section (1) may recover that amount from that other person as a debt due to the first-mentioned person from that other person.

DAIRY INDUSTRY STABILIZATION ACT 1977 - PART III
PART III-STABILIZATION FUND AND STABILIZATION PAYMENTS

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 9
Dairy Products Stabilization Trust Fund

SECT

9. (1) A fund is hereby established to be known as the Dairy Products Stabilization Trust Fund.

(2) The Fund is vested in the Corporation.

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 10
Payments into Fund

SECT

10. (1) There shall be paid to the Corporation to be credited to the Fund, out of the Consolidated Revenue Fund, which is appropriated accordingly, amounts equal to the levy received by the Commonwealth from time to time.

(2) There shall be credited to the Fund-
(a) moneys paid to the Corporation by the Reserve Bank as advances in accordance with an arrangement under section 23 of the Dairy Produce Act 1924, being advances for the purposes of the Fund;
(b) moneys (other than amounts referred to in sub-section (1)) paid by the Commonwealth to the Corporation for the purposes of the Fund;
(ba) moneys transferred to the Fund out of a pool maintained under sub-section 20AB (2) of the Dairy Produce Act 1924 in accordance with a determination made by the Corporation under paragraph 20AB (12A) (a) of that Act;
(c) moneys paid by any person other than the Commonwealth to the Corporation for the purposes of the Fund;
(d) moneys made available by the Corporation, whether by way of advance or otherwise, for the purposes of the Fund; and
(e) interest received by the Corporation from the investment of moneys of the Fund.


DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 11
Separate accounts to be kept in Fund

SECT

11. (1) The following separate accounts shall be kept in the Fund:


(a) an account in respect of butter and butteroil produced during each production period;
(b) an account in respect of casein produced during each production period;
(c) an account in respect of skimmilk powder and buttermilk powder produced during each production period;
(d) an account in respect of whole milk powder produced during each production period;
(e) an account in respect of cheese produced during each production period.


(2) There shall be credited to a separate account referred to in sub-section (1) of this section any moneys credited to the Fund under sub-section 10 (1) that were paid by the Commonwealth to the Corporation by reason of the receipt by the Commonwealth, from time to time, of levy in respect of dairy products to which the account relates.

(3) Where a product is prescribed for the purposes of paragraph (c) of the definition of "dairy products" in sub-section 4 (1) of the Levy Act, the regulations may make one of the following provisions:


(a) provision that a separate account in respect of the product so prescribed produced during each production period is to be kept in the Fund;
(b) provision that any moneys credited to the Fund under sub-section 10 (1) that were paid by the Commonwealth to the Corporation by reason of the receipt by the Commonwealth, from time to time, of levy in respect of the product so prescribed are to be credited to such separate account, or such separate accounts, as the regulations specify.


(4) Where moneys referred to in paragraph 10 (2) (a) or (d) are credited to the Fund, the Corporation shall direct the crediting of the moneys to one or more of the separate accounts.

(5) Where moneys referred to in paragraph 10 (2) (b) or (c) are credited to the Fund, the Corporation shall, having regard to the purposes for which the moneys were paid to the Corporation, direct the crediting of the moneys to one or more of the separate accounts.

(6) Where moneys of the Fund have been invested, the Corporation shall direct the crediting of any amount of interest paid to the Corporation in respect of the moneys so invested among each of the separate accounts having regard to the proportion of the moneys so invested that is credited to that account.

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 11A
Determination of quotas

SECT

11A. (1) The Minister shall, after consultation with the Corporation, formulate principles in accordance with which quotas are to be determined or may be varied under this section, and the Minister may from time to time, after further consultation with the Corporation, vary any principles so formulated.

(3) The Minister may, at any time before the end of a period that is a production period with respect to dairy products of a particular kind or dairy products of 2 or more particular kinds, by instrument in writing and in such form as the Minister considers appropriate, determine in respect of an eligible factory a quota for that period in respect of that kind of dairy products or in respect of those kinds of dairy products.

(4) The Minister shall, in determining or varying quotas under sub-section (3)-
(a) act in accordance with the principles formulated by him under sub-section (1), or with those principles as varied by him; and
(b) have regard to any information furnished to him by the Corporation for that purpose.


(5) The Minister shall, as soon as practicable after determining or varying a quota under sub-section (3) in respect of an eligible factory, cause a copy of the determination or variation to be delivered to the Corporation and the Corporation shall, as soon as practicable after receiving the copy, forward to the proprietor of the factory notice in writing of the quota or of the variation.

(6) The provisions of sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to principles formulated under sub-section (1) as if-
(a) references in those provisions to regulations were references to principles; and
(b) references in those provisions to the making of regulations were references to the formulation of principles.


(7) The powers conferred on the Minister by this section shall not be exercised in such a manner that stabilization payments under this Act would not be uniform throughout the Commonwealth, within the meaning of paragraph (iii) of section 51 of the Constitution.

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 12
Stabilization payments

SECT

12. (1) Subject to this Act, a stabilization payment is payable on the production of dairy products at a factory during a production period with respect to the kind of dairy products in which those dairy products are included.

(2) A stabilization payment is not payable in respect of dairy products that are, by virtue of section 9 of the Levy Act, exempt from levy.

(3) Where the Minister has determined quotas in respect of factories for a production period in respect of dairy products of a particular kind or particular kinds, a stabilization payment is not payable in respect of dairy products of that kind, or of any of those kinds, produced at a factory during that period unless the factory is a factory in respect of which such a quota has been determined.

(4) Where the Minister has determined a quota in respect of a particular factory for a production period in respect of dairy products of a particular kind, a stabilization payment in respect of dairy products of that kind produced at that factory during that period is not payable in respect of so much of dairy products of that kind produced at that factory during that period as exceeds that quota.

(5) Where the Minister has determined a quota in respect of a particular factory for a production period in respect of dairy products of 2 or more particular kinds, a stabilization payment in respect of dairy products of those kinds produced at that factory during that period is not payable in respect of so much of dairy products of those kinds produced at that factory during that period as exceeds that quota.

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 13
Rates of stabilization payments

SECT

13. (1) The Minister shall, at the time that he thinks appropriate, determine, in accordance with this section, a rate of stabilization payment in respect of dairy products in respect of which a separate account is kept in the Fund.

(2) The rate of a stabilization payment is the amount per tonne
A-(B+C)
ascertained in accordance with the formula ------------ , where-
D
A is the aggregate of the amounts credited to the separate account in accordance with section 11, being moneys referred to in sub-section 10 (1) or paragraph 10 (2) (b), (ba), (c) or (e) or moneys (other than advances) referred to in paragraph 10 (2) (d);
B is the amount of the cost of administering the Fund that has been debited to the separate account;
C is the aggregate of payments made under sub-section 16 (5) and section 17 that have been debited to the separate account; and
D is the number of tonnes of dairy products to which the separate account relates produced at factories in Australia (other than dairy products that were, by section 9 of the Levy Act, exempt from levy) in respect of which stabilization payments are payable.


(3) The Minister may, from time to time, fix an interim rate of stabilization payment in respect of a kind of dairy products produced, or to be produced, during a production period, having regard to-
(a) the anticipated amount of levy to be collected in respect of dairy products of that kind produced, or to be produced, during that production period;
(b) the anticipated amount of that part of the cost of administering the Fund during that production period that is referable to that kind of dairy products;
(c) the anticipated amount of payments to be made under section 17 in respect of dairy products of that kind produced during that production period;
(d) the anticipated level of production at factories in Australia during that production period of dairy products of that kind;
(da) the quotas (if any) fixed in respect of dairy products of that kind for that production period; and
(e) any recommendation with respect to an interim rate of stabilization payment for dairy products of that kind produced during that production period that is made to the Minister by the Corporation after consultation with the Advisory Committee.


(4) Advances on account of a stabilization payment may be paid at the appropriate interim rate fixed by the Minister under sub-section (3).

(5) Where the advance, or the aggregate of the advances, paid to a person on account of a stabilization payment exceeds the amount of that stabilization payment, the amount of the excess is repayable to the Corporation on demand in writing by the Corporation and, if not paid within 3 months after the demand, shall be deemed to be a debt due and payable to the Corporation.

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 14
To whom stabilization payments payable

SECT

14. Subject to this Act, a stabilization payment in respect of any dairy products is payable to the person who is, at the time of their production, the proprietor of the factory at which they are produced.

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 15
Benefit of stabilization payments to be passed on to producers

SECT

15. (1) Where the proprietor of a factory receives a stabilization payment in respect of any dairy products, he shall adjust the prices paid by him to the suppliers of the milk, cream or other substance from which the dairy products were produced, and take any other necessary action, to ensure that the benefit of that stabilization payment is passed on, in an equitable manner, to the producers of the whole milk from which the dairy products were produced or from which was derived the cream or other substance from which the dairy products were produced.

(2) Where, in relation to a particular stabilization payment, a proprietor of a factory fails to comply with sub-section (1), the amount of that payment is repayable to the Commonwealth on demand in writing by an authorized person and, if not paid within 3 months after the demand, shall be deemed to be a debt due to the Commonwealth.

(3) Where the Minister has reason to believe that a proprietor of a factory who is in receipt of stabilization payments is not complying with sub-section (1) with respect to those payments, he may, by writing signed by him, direct that the proprietor is not to be paid any further stabilization payments while the direction is in force.

(4) In this section, "stabilization payment" includes an advance on account of a stabilization payment.

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 16
Application of the Fund

SECT

16. (1) Subject to this section, moneys standing to the credit of the Fund may be expended-
(a) in making stabilization payments or advances on account of stabilization payments;
(b) in making payments under section 17;
(c) in making repayments of advances, and payments of interest on advances, in accordance with an arrangement under section 23 of the Dairy Produce Act 1924, being advances credited to the Fund;
(d) in making repayments of advances made available by the Corporation for the purposes of the Fund;
(e) in meeting the expenses of the Corporation in administering the Fund and any pool maintained under sub-section 20AB (2) of the Dairy Produce Act 1924 ; and
(f) in making payments under sub-section 8 (2).


(2) A payment referred to in paragraph (1) (a), (b) or (f) shall be debited to the separate account kept in respect of the class of dairy products to which the payment relates.

(3) A payment referred to in paragraph (1) (c) or (d) shall be debited to the separate account to which the advances to which the payment relates have been credited or, if those advances have been credited to 2 or more separate accounts, a part of the payment shall be debited to each of those separate accounts in such manner that the part so debited to a particular separate account bears the same proportion to the total payment as the part of the advances to which the payment relates that has been credited to that particular separate account bears to the total of those advances.

(4) Where a payment referred to in paragraph (1) (e) is made out of the Fund, the Corporation shall direct the allocation of the debit arising out of that payment among each of the separate accounts having regard to the proportion of the expenses to which the payment relates that, in the opinion of the Corporation, is attributable to the activities of the Corporation with respect to dairy products of the class to which that separate account relates.

(5) The Corporation may, with the approval of the Minister, where it considers it appropriate to do so, credit the whole or any part of the amount (if any) standing to the credit of a separate account kept in respect of a kind of dairy products to the pool maintained by the Corporation under section 20AB of the Dairy Produce Act 1924 in respect of that kind of dairy products, and that separate account shall be debited accordingly.

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 17
Corporation may make certain payments from Fund

SECT

17. The Corporation may, after consultation with the Advisory Committee and with the approval of the Minister, make to persons engaged in the production, storage, distribution or sale of dairy products payments of any of the following kinds:


(a) payments to meet expenses incurred in respect of the production of dairy products;
(b) payments to meet freight or storage costs, or other marketing costs, in respect of dairy products;
(c) payments in the nature of incentives in respect of the production, distribution, storage or sale of dairy products;
(d) any other payments in connexion with the production, storage, distribution or sale of dairy products.


DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 18
Moneys of Fund to be kept in separate bank account

SECT

18. The Corporation shall open and maintain a separate bank account for the purposes of the Fund and shall pay into that bank account all moneys received by the Corporation that are to be credited to the Fund and shall draw from that bank account all moneys that are expended from the Fund.

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 19
Investment of moneys of Fund

SECT

19. Moneys of the Fund may be invested by the Corporation-
(a) in interest-bearing deposits with an approved bank;
(b) in any securities of, or guaranteed by, the Commonwealth or a State;
(c) by way of loan to a corporation, being a corporation declared by the Reserve Bank for the purposes of regulations in force under the Banking Act 1959 to be an authorized dealer in the short-term money market, upon the security of securities of the Commonwealth; or
(d) in any other manner approved by the Treasurer.


DAIRY INDUSTRY STABILIZATION ACT 1977 - PART IV
PART IV-MISCELLANEOUS

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 20
Power to call for returns

SECT

20. An authorized person may, by notice in writing, require a person to furnish to him, within the time specified in the notice, such return or information in relation to matters relevant to the operation of this Act as is specified in the notice, including a return or information verified by statutory declaration.

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 21
Access to premises

SECT

21. (1) An authorized person may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the functions of an authorized person under this section.

(2) Where an authorized person has reason to believe that-
(a) premises are premises in which dairy products are produced or stored; or
(b) there are on premises examinable documents,
the authorized person may make application to a Justice of the Peace for a warrant authorizing the authorized person to enter the premises for the purpose of exercising the functions of an authorized person under this section.

(3) If, on an application under sub-section (2), the Justice of the Peace is satisfied, by information on oath or affirmation-
(a) that there is reasonable ground for believing that-
(i) the premises to which the application relates are premises in which dairy products are produced or stored; or
(ii) there are on those premises any examinable documents; and
(b) that the issue of the warrant is reasonably required for the purposes of this Act,
the Justice of the Peace may grant a warrant authorizing the authorized person, with such assistance as he thinks necessary, to enter the premises, during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of exercising the functions of an authorized person under this section.

(3A) A warrant under sub-section (3) shall specify a date after which the warrant ceases to have effect.

(4) Where an authorized person has entered any premises in pursuance of sub-section (1) or in pursuance of a warrant granted under sub-section (3), he may exercise the functions of an authorized person under this section.

(6) The functions of an authorized person under this section are-
(a) to search for, examine and take stock of any dairy products; and
(b) to search for, inspect, take extracts from and make copies of any examinable documents.


(7) In this section-
"dairy products" include products made from dairy products;
"examinable documents" means-
(a) any books, documents or papers relating to financial dealings between the proprietor of a factory at which dairy products are produced and persons who supply to the factory milk, cream or other substance from which dairy products are produced; or
(b) any books, documents or papers relating to the production, storage, sale, purchase, import or export of dairy products.


DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 22
Offences in relation to returns, &c.

SECT

22. (1) A person shall not fail or neglect duly to furnish a return or information that he is required under this Act or the regulations to furnish.

(2) A person shall not present to an officer or other person doing duty in relation to this Act or the regulations an account, book or document, or make or furnish to such an officer or person a statement or return, that is false or misleading in a material particular.

Penalty: $2,000 or imprisonment for 12 months, or both.

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 23
Averments

SECT

23. In proceedings for the recovery of a debt referred to in section 7 or sub-section 15 (2), a statement or averment in the complaint, claim or declaration of the plaintiff is prima facie evidence of the matter so stated or averred.

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 24
Appointment of authorized persons

SECT

24. The Minister may, by writing signed by him, appoint a person, or persons included in a class of persons, to be an authorized person or authorized persons, as the case may be, for the purposes of a specified provision of this Act.

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 24A
Review of decisions

SECT

24A. (1) An application may be made to the Administrative Appeals Tribunal for a review of-
(a) a quota determined under section 11A;
(b) a variation of such a quota; or
(c) a decision made under sub-section 6 (2).

(2) The principles in accordance with which the Minister was, by virtue of sub-section 11A (4), required to act in determining the quota or the variation are the principles in accordance with which the Administrative Appeals Tribunal shall act in reviewing the quota or the variation.

(3) Where the Corporation forwards to a proprietor of a factory a notice in writing of a quota or a variation of a quota determined by the Minister under section 11A, that notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal for a review of the decision of the Minister by or on behalf of any person whose interests are affected by the decision.

(4) Where the Minister or an authorized person makes a decision under sub-section 6 (2) and gives to the person whose interests are affected by the decision notice in writing of the decision, that notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal for a review of the decision by or on behalf of any person whose interests are affected by the decision.

(5) Any failure to comply with the requirements of sub-section (3) or (4) in relation to a decision does not affect the validity of the decision.

DAIRY INDUSTRY STABILIZATION ACT 1977 - SECT 25
Regulations

SECT

25. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act or for facilitating the collection or recovery of amounts of levy and, in particular-
(a) providing for the manner of payment of levy;
(b) requiring proprietors of factories to keep records relating to the production of dairy products in their factories (including records relating to cheese during a maturation period) and to the storage, sale, purchase, import or export of such products;
(c) requiring persons to furnish returns for the purposes of this Act, including returns to the Corporation;
(d) providing that a stabilization payment is not to be payable, or that payment of a stabilization payment may be withheld, where a provision of the regulations has not been complied with; and
(e) prescribing penalties not exceeding a fine of $1,000 for offences against the regulations.

DAIRY INDUSTRY STABILIZATION ACT 1977 - SCHEDULE

SCH

SCHEDULE
Section 3
REPEALED ACTS
Dairying Industry Levy Act 1970
Dairying Industry Levy Collection Act 1970
Dairying Industry Equalization Act 1970
Dairying Industry Equalization Legislation Referendum Act 1970