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Dairy Produce Act 1924

Act No. 38 of 1924 as amended, taking into account amendments up to Act No. 96 of 1978
Registered 25 Nov 2009
Start Date 01 Jul 1978
End Date 30 Jun 1978
Date of repeal 01 Jul 1986
Repealed by Dairy Legislation (Transitional Provisions and Consequential Amendments) Act 1986

DAIRY PRODUCE ACT 1924
- Reprinted as at 31 March 1981 (HISTACT CHAP 767 #DATE 31:03:1981)

*1*The Dairy Produce Act 1924 (a) as shown in this reprint comprises Act No. 38, 1924 as amended by the other Acts specified in the following table:
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Application,
saving or
Number Date Date of transitional
Act and year of Assent commencement provisions
------------------------------------------------------------------------------ --
Dairy Produce Export 38, 1924 20 Oct 1924 Ss. 1, 2, 5 and 30
Control Act 1924 : Royal Assent
Remainder: 23 Feb
1925 (see Gazette
1925, p. 244)
Statute Law Revision 45, 1934 6 Aug 1934 6 Aug 1934
Act 1934
Dairy Produce Export 70, 1935 9 Dec 1935 9 Dec 1935 (b) Ss. 2, 4 (2) and
Control Act 1935 10 (2)
Dairy Produce Export 26, 1936 28 May 1936 28 May 1936 -
Control Act 1936
Dairy Produce Export 20, 1937 16 Sept 1937 16 Sept 1937 -
Control Act 1937
Dairy Produce Export 18, 1938 5 July 1938 2 Aug 1938 S. 2 (2)
Control Act 1938
Dairy Produce Export 24, 1942 9 June 1942 7 July 1942 -
Control Act 1942
Dairy Produce Export 53, 1947 1 Nov 1947 1 July 1948 (see S. 4 (2)
Control Act 1947 Gazette 1948, p.
as amended by 2535)
Statute Law Revision 80, 1950 16 Dec 1950 31 Dec 1950 Ss. 16 and 17
Act 1950
Dairy Produce Export 37, 1953 24 Apr 1953 S. 7: 1 July 1953 -
Control Act 1953 (see s. 2 and
Gazette 1953, p.
1819) S. 8: (c)
Remainder: Royal
Assent
Dairy Produce Export 17, 1954 20 Apr 1954 1 July 1955 (see -
Control Act 1954 Gazette 1955, p.
1593)
Dairy Produce Export 74, 1958 10 Oct 1958 S. 11:1 July 1959 S. 3 (2)
Control Act 1958 (d) Remainder:
Royal Assent (d)
Dairy Produce Export 49, 1962 28 May 1962 1 July 1962 (see -
Control Act 1962 s. 2 and Gazette
1962, p. 2173)
Dairy Produce Export 79, 1963 31 Oct 1963 28 Nov 1963 S. 4 (2)
Control Act 1963
Dairy Produce Export 43, 1965 3 June 1965 1 July 1965 S. 4 (2)
Control Act 1965
Statute Law Revision 93, 1966 29 Oct 1966 1 Dec 1966 -
(Decimal Currency)
Act 1966
Dairy Produce Export 3, 1972 7 Mar 1972 7 Mar 1972 S. 5 (2)
Control Act 1972
Statute Law Revision 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1) and 10
Act 1973
Dairy Produce Act 82, 1975 20 June 1975 S. 15 (11): Royal S. 15
1975 Assent Remainder:
1 July 1975 (see
Gazette 1975 No.
S124, p. 1)
Dairying Industry 79, 1976 10 June 1976 1 Aug 1976 (see s. S. 6 (3)
Research and 2 and Gazette 1976,
Promotion No. S111, p. 1)
(Miscellaneous
Amendments) Act 1976
Dairy Produce 53, 1977 7 June 1977 S. 5: 1 July 1977 -
Amendment Act 1977 Remainder: Royal
Assent
Administrative 36, 1978 12 June 1978 12 June 1978 S. 8
Changes
(Consequential
Provisions) Act 1978
Dairy Produce 96, 1978 22 June 1978 1 July 1978 -
Amendment Act 1978
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(a) This citation is provided for by the Amendments Incorporation Act 1905 and the Acts Citation Act 1976.
(b) Section 2 of the Dairy Produce Export Control Act 1935 provides as follows:
"2. Notwithstanding anything contained in section two of the Principal Act, any sections inserted in that Act by this Act shall commence on the date on which this Act receives the Royal Assent, and any sections of the Principal Act which are amended by this Act shall have effect, as so amended, on and from that date."
(c) Section 8 was to commence on a date to be fixed by Proclamation, but no date was fixed and the section was repealed by section 4 of the Dairy Produce Export Control Act 1954.
(d) Sub-section 2 (3) of the Dairy Produce Export Control Act 1958 provides as follows:
"(3) Each section inserted in the Principal Act by a section of this Act shall come into operation on the date on which the last-mentioned section comes into operation."

DAIRY PRODUCE ACT 1924 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

PART I - PRELIMINARY

Section

1. Short title

2. Commencement

3. Interpretation

PART II - ESTABLISHMENT, CONSTITUTION AND MEETINGS OF
THE AUSTRALIAN DAIRY CORPORATION

4. Australian Dairy Corporation

5. Constitution of Corporation

6. Period of appointment

7. Resignation

8. Termination of appointment

9. Leave of absence

10. Deputy Chairman

11. Deputy members

12. Disclosure of interest

12A. Remuneration

12B. Meetings

12C. Executive Committee

PART III - POWERS AND FUNCTIONS OF THE CORPORATION

13. Functions of the Corporation

13A. Powers of Corporation

13B. Control of export of dairy produce

14. Power to make regulations controlling export of dairy produce

15. Power of Corporation to purchase dairy produce, &c.

16. (Repealed)

17. Corporation may accept control of dairy produce or dairy products

18. (Repealed)

19. Contracts for shipment of dairy produce

19A. Operation of Customs Act and Commerce (Trade Descriptions) Act not
affected

20. Particular powers of Corporation

20AA. Export of dairy products prohibited unless exporter party to arrangement

20AB. Pools for returns on export sales of dairy products

20A. Corporation to advise Minister

PART IV - STAFF AND REPRESENTATIVES

20B. Staff

PART V - FINANCE

21. Moneys to be paid to Corporation

22. Bank accounts

23. Borrowing by the Corporation

24. Application of moneys of Corporation

25. Power to purchase and dispose of assets

25A. Proper accounts to be kept

25B. Audit

25C. Liability to taxation

PART VA - AUSTRALIAN DAIRY INDUSTRY ADVISORY
COMMITTEE

25D. Australian Dairy Industry Advisory Committee

25E. Functions of Advisory Committee

25F. Membership of Advisory Committee

25G. Tenure of office

25H. Resignation of members of Advisory Committee

25J. Termination of appointment of members of Advisory Committee

25K. Leave of absence of members of Advisory Committee

25L. Meetings of Advisory Committee

25M. Remuneration and allowances of members of Advisory Committee

PART VI - MISCELLANEOUS

26. Power to call for returns

27. (Repealed)

28. Liability of Corporation for its acts

29. Annual report

29A. Rights of public servants appointed or employed under this Act

30. Regulations

DAIRY PRODUCE ACT 1924 - LONG TITLE

SECT

An Act relating to the Export of Dairy Produce, and for other purposes

DAIRY PRODUCE ACT 1924 - PART I
PART I - PRELIMINARY

Title amended by No. 82, 1975, s. 3

DAIRY PRODUCE ACT 1924 - SECT 1
Short title

Heading inserted by No. 82, 1975, s. 4

SECT

1. This Act may be cited as the Dairy Produce Act 1924.*1*

SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

DAIRY PRODUCE ACT 1924 - SECT 2
Commencement

Amended by No. 45, 1934, s. 2

SECT

2. Sections one, two, five and thirty of this Act shall commence on the day on which this Act receives the Royal Assent and the remaining sections of this Act shall commence on a date to be fixed by Proclamation.*1*

SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

DAIRY PRODUCE ACT 1924 - SECT 3
Interpretation

Substituted by No. 82, 1975, s. 5; amended by No. 79, 1976, s. 6; No. 53, 1977, s. 3

SECT

3. In this Act, unless the contrary intention appears -
"Advisory Committee" means the Australian Dairy Industry Advisory Committee established by section 25D;
"approved bank" means the Reserve Bank of Australia or another bank approved by the Treasurer;
"Chairman" means the Chairman of the Corporation;
"Corporation" means the Australian Dairy Corporation constituted under this Act;
"dairy industry" includes the manufacture of dairy produce;
"dairy produce" means butter and cheese and includes such other products derived from milk or the constituent parts of milk (with or without the addition of any other substance) as are prescribed;
"dairy products" has the same meaning as in the Dairy Industry Stabilization Levy Act 1977;
"Deputy Chairman" means the Deputy Chairman of the Corporation;
"deputy member" means a person appointed under section 11;
"levy" means an amount of the levy payable by virtue of paragraph (c) of section 7, or paragraph (c) of section 11, of the Dairying Industry Research and Promotion Levy Act 1972-1976;
"Levy Collection Act" means the Dairying Industry Research and Promotion Levy Collection Act 1972-1976;
"member" means a member of the Corporation.

DAIRY PRODUCE ACT 1924 - PART II
PART II - ESTABLISHMENT, CONSTITUTION AND
MEETINGS OF THE AUSTRALIAN DAIRY CORPORATION

Heading inserted by No. 82, 1975, s. 5

DAIRY PRODUCE ACT 1924 - SECT 4
Australian Dairy Corporation

Substituted by No. 82, 1975, s. 5

SECT

4. (1) For the purposes of this Act, there shall be an Australian Dairy Corporation.

(2) The Corporation -
(a) is a body corporate with perpetual succession;
(b) shall have a common seal;
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue and be sued in its corporate name.

(3) All courts, judges and persons acting judicially shall take notice of the common seal of the Corporation affixed to a document and shall presume that it was duly affixed.

DAIRY PRODUCE ACT 1924 - SECT 5
Constitution of Corporation

Substituted by No. 82, 1975, s. 5

SECT

5. (1) The Corporation shall consist of 11 members, namely -
(a) a Chairman;
(b) 3 members to represent the dairy farmers of Australia;
(c) 3 members to represent the manufacturers of dairy produce in
Australia;
(d) 1 member to represent employees in the dairy industry in
Australia;
(e) 1 member to represent the Australian Government; and
(f) 2 other members.

(2) The members shall be appointed by the Minister in accordance with this section, the Chairman being appointed as a full-time member and the other members being appointed as part-time members.

(3) Each member referred to in paragraph (b) of sub-section (1) shall be a person chosen by the Minister from among persons whose names have been submitted to him by the Australian Dairy Farmers Federation or by another organization of dairy farmers.

(4) Each member referred to in paragraph (c) of sub-section (1) shall be a person chosen by the Minister from among persons whose names have been submitted to him by such organizations of manufacturers of dairy produce in Australia as the Minister considers appropriate.

(5) The member referred to in paragraph (d) of sub-section (1) shall be a person chosen by the Minister after consulting, as far as practicable, with representatives of the appropriate union or unions.

(6) Each member referred to in paragraph (f) of sub-section (1) shall be a person chosen by the Minister from among persons who, in his opinion, are specially qualified for appointment by reason of experience in the marketing of dairy produce or other goods or in the production of dairy produce or by reason of other experience in commerce, finance, economics, science or industrial matters.

(7) The Corporation may commence to perform its functions and exercise its powers when the Chairman, or the Deputy Chairman, and 5 other members have been appointed and the performance of the functions or the exercise of the powers of the Corporation is not affected by reason only of there being a vacancy or vacancies in the membership of the Commission.

(8) The appointment of a member is not invalidated and shall not be called in question by reason of a deficiency or irregularity in or in connexion with his appointment.

DAIRY PRODUCE ACT 1924 - SECT 6
Period of appointment

Substituted by No. 82, 1975, s. 5

SECT

6. (1) Subject to sub-section (2), the Chairman shall be appointed for such period as the Minister determines and specifies in the instrument of appointment.

(2) A person who has attained the age of 65 years shall not be appointed or re-appointed as the Chairman and a person shall not be appointed or re-appointed as the Chairman for a period that extends beyond the date on which he will attain the age of 65 years.

(3) For the purposes of the first constitution of the Corporation -
(a) 1 of the members referred to in paragraph (b) of sub-section (1)
of section 5;
(b) 1 of the members referred to in paragraph (c) of that sub-section;
and
(c) 1 of the members referred to in paragraph (f) of that sub-section,
shall be appointed for a period of 2 years.

(4) Subject to sub-sections (1), (3) and (5), members shall be appointed for a period of 3 years, but are eligible for re-appointment.

(5) Where the Minister appoints a person to fill a vacancy in an office of a member arising otherwise than by reason of the expiration of the period for which the member who held the office was appointed, the person so appointed holds office -
(a) in the case of a person appointed to fill a vacancy in the office of
Chairman - for such period as the Minister determines and
specifies in the instrument of appointment; and
(b) in any other case - for the unexpired term of office of the
member whose office became vacant.

DAIRY PRODUCE ACT 1924 - SECT 7
Resignation

Substituted by No. 82, 1975, s. 5

SECT

7. A member may resign his office by writing under his hand delivered to the Minister, but the resignation does not have effect until it is accepted by the Minister.

DAIRY PRODUCE ACT 1924 - SECT 8
Termination of appointment

Substituted by No. 82, 1975, s. 5

SECT

8. (1) The Minister may terminate the appointment of a member by reason of the misbehaviour or mental or physical incapacity of the member.

(2) The termination of the appointment of the Chairman under sub-section (1) for physical or mental incapacity shall be deemed, for the purposes of the Superannuation Act 1922-1974, to be retirement on the ground of invalidity.

(3) If a member -
(a) is absent, except on leave granted by the Minister, from 3
consecutive
meetings of the Corporation;
(b) becomes bankrupt or applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with his
creditors
or makes an assignment of his remuneration for their benefit;
or
(c) fails to comply with his obligations under section 12, the Minister shall terminate the appointment of the member.

DAIRY PRODUCE ACT 1924 - SECT 9
Leave of absence

Substituted by No. 82, 1975, s. 5

SECT

9. The Minister may grant leave of absence to a member on such terms and conditions as to remuneration or otherwise as he determines.

DAIRY PRODUCE ACT 1924 - SECT 10
Deputy Chairman

Substituted by No. 82, 1975, s. 5

SECT

10. (1) The Minister may appoint a member other than the Chairman to be the Deputy Chairman of the Corporation.

(2) Subject to sub-section (3), a person appointed under this section holds office as Deputy Chairman until the Minister terminates his appointment as Deputy Chairman, or he ceases to be a member, whichever first happens.

(3) The Deputy Chairman may resign his office of Deputy Chairman by writing under his hand delivered to the Minister, but the resignation does not have effect until it is accepted by the Minister.

(4) A member who has ceased to hold office as Deputy Chairman is eligible for re-appointment as Deputy Chairman.

(5) The Deputy Chairman has, and shall exercise, all the powers, and shall perform all the functions, of the Chairman -
(a) during any vacancy in the office of Chairman (whether or not an
appointment has previously been made to that office); and
(b) during any period when the Chairman is absent from duty or
from Australia or, for any other reason, is unable to perform the
functions of his office.

DAIRY PRODUCE ACT 1924 - SECT 11
Deputy members

Substituted by No. 82, 1975, s. 5

SECT

11. (1) The Minister may, subject to sub-section (2), appoint a person to be the deputy of a member other than the Chairman and may, at any time, terminate an appointment so made by him.

(2) In the case of the appointment of the deputy of a member appointed in pursuance of sub-section (3) or (4) of section 5, the person appointed to be the deputy of that member shall be a person chosen by the Minister from among persons whose names have been submitted to the Minister by the organizations referred to in that sub-section for the purposes of that sub-section or for the purposes of this sub-section.

(3) A deputy member is entitled to attend meetings of the Corporation at which the member of whom he is the deputy is not present and, while so attending, shall be deemed to be a member, but the deputy of the member who is the Deputy Chairman shall not, by reason only of the operation of this sub-section, have the powers of the Deputy Chairman.

(4) A deputy member may resign his office by writing under his hand delivered to the Minister, but the resignation does not have effect until it is accepted by the Minister.

DAIRY PRODUCE ACT 1924 - SECT 12
Disclosure of interest

Substituted by No. 82, 1975, s. 5

SECT

12. (1) A member who has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Corporation, otherwise than as a member of, and in common with the other members of, an incorporated company or co-operative society consisting of more than 25 persons and of which he is not a director, shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Corporation.

(2) A disclosure under sub-section (1) shall be recorded in the minutes of the Corporation, and the member -
(a) shall not take part after the disclosure in any deliberation or
decision
of the Corporation with respect to that matter; and
(b) shall be disregarded for the purpose of constituting a quorum of
the Corporation for any such deliberation or decision.

(3) Sub-section (1) does not apply in respect of -
(a) an interest that a member has as a dairy farmer or manufacturer
of dairy produce and in common with other dairy farmers or
manufacturers of dairy produce, as the case may be; or
(b) an interest in respect of a contract made or proposed to be made
in the ordinary course of the performance of the functions of the
Corporation in relation to dairy produce and in accordance with
the normal practices of the Corporation.

(4) This section applies to and in relation to a deputy member in like manner as it applies to and in relation to a member.

DAIRY PRODUCE ACT 1924 - SECT 12A
Remuneration

Inserted by No. 82, 1975, s. 5

SECT

12A. (1) The Chairman, Deputy Chairman, members and deputy members shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, they shall be paid such remuneration as is prescribed.

(2) The Chairman, Deputy Chairman, members and deputy members shall be paid such allowances as are prescribed.

(3) No remuneration or allowances shall be payable under this section to a member or deputy member who is also a member of the Parliament of a State if, before becoming a member of that Parliament or before becoming a member of the Corporation or a deputy member (whichever event last occurs), he has lodged with the Corporation a declaration that, during any period during which he is or may be a member of that Parliament, he will not accept any remuneration or allowances under this section, but such a member or deputy member is entitled to be paid such expenses as he actually incurs in or in connexion with the performance of his duties as a member or deputy member, as the case may be.

(4) This section has effect subject to the Remuneration Tribunals Act 1973-1974.

DAIRY PRODUCE ACT 1924 - SECT 12B
Meetings

Inserted by No. 82, 1975, s. 5

SECT

12B. (1) Subject to this section, meetings of the Corporation shall be held at such times and at such places within Australia as the Corporation determines.

(2) The Chairman may, and, at the request of any 3 members, shall, convene a special meeting of the Corporation.

(3) At a meeting of the Corporation, 6 members constitute a quorum.

(4) The Chairman shall preside at all meetings of the Corporation at which he is present.

(5) In the event of the absence of the Chairman from a meeting of the Corporation, the Deputy Chairman, if present, shall preside at that meeting.

(6) In the event of the absence of the Chairman and the Deputy Chairman from a meeting of the Corporation, the members present shall appoint one of their number to preside at that meeting.

(7) A question arising at a meeting of the Corporation shall be determined by a majority of the votes of the members present and voting.

(8) The member presiding at a meeting of the Corporation has a deliberate vote and, in the event of an equality of votes, also has a casting vote.

(9) The Corporation shall keep a record of its proceedings.

(10) The procedure of the Corporation shall be as determined by the Corporation.

DAIRY PRODUCE ACT 1924 - SECT 12C
Executive Committee

Inserted by No. 82, 1975, s. 5

SECT

12C. (1) There shall be an Executive Committee of the Corporation.

(2) The Executive Committee has, and may exercise, such of the powers of the Corporation, and may perform such of the functions of the Corporation, as the Corporation, by resolution, determines, but such a determination does not prevent the exercise of a power or the performance of a function by the Corporation.

(3) The exercise of a power or the performance of a function by the Executive Committee is not affected by reason only of there being a vacancy or vacancies in the membership of the Committee.

(4) The Executive Committee shall consist of 5 members, namely -
(a) the Chairman of the Corporation; and
(b) 4 other members of the Corporation.

(5) Each member of the Executive Committee referred to in paragraph (b) of sub-section (4) shall be elected by the Corporation and, subject to sub-sections (6) and (7), holds office for a period of 1 year or until he sooner ceases to be a member of the Corporation.

(6) A member of the Executive Committee referred to in paragraph (b) of sub-section (4) may resign his office as such a member by writing under his hand delivered to the Chairman, but the resignation is not effective until it is accepted by the Chairman.

(7) In the event of a vacancy in the office of a member of the Executive Committee referred to in paragraph (b) of sub-section (4), the Corporation shall elect another member of the Corporation to fill the vacancy and the person so elected shall, subject to this section, hold office for the unexpired term of office of the member of the Executive Committee whose office became vacant.

(8) The Chairman may, at any time, call a meeting of the Executive Committee.

(9) In the event of the absence of the Chairman from a meeting of the Executive Committee, the Deputy Chairman, if he is not a member of the Committee, may attend the meeting and, when so attending, shall be deemed to be a member of the Committee.

(10) At a meeting of the Executive Committee -
(a) 3 members form a quorum; and
(b) the Chairman or, in his absence, the Deputy Chairman or, in the
absence of the Chairman and the Deputy Chairman, a member
elected by the members present to preside at the meeting shall
preside.

(11) A question arising at a meeting of the Executive Committee shall be determined by a majority of the votes of the members of the Committee present and voting.

(12) The member presiding at a meeting of the Executive Committee has a deliberate vote and, in the event of an equality of votes, also has a casting vote.

(13) The Executive Committee shall keep a record of its proceedings.

(14) The procedure of the Executive Committee shall be as determined by the Committee.

DAIRY PRODUCE ACT 1924 - PART III
PART III - POWERS AND FUNCTIONS OF THE
CORPORATION

Heading inserted by No. 82, 1975, s. 6

DAIRY PRODUCE ACT 1924 - SECT 13
Functions of the Corporation

Substituted by No. 82, 1975, s. 6

SECT

13. The functions of the Corporation are -
(a) to promote the export from Australia of dairy produce;
(b) to control the export from Australia of dairy produce;
(c) to control the sale and distribution of dairy produce after its
export from Australia;
(d) to promote trade and commerce in dairy produce among the
States, between States and Territories and within the Territories;
(e) to improve the production and encourage the consumption of
dairy produce in the Territories; and
(f) such other functions in connexion with dairy produce as are
provided
by the regulations.

DAIRY PRODUCE ACT 1924 - SECT 13A
Powers of Corporation

Substituted by No. 82, 1975, s. 6

SECT

13A. The Corporation may do all things that are necessary or convenient to be done for or in connexion with the performance of its functions and, in particular, without limiting by implication the generality of the foregoing, the Corporation may -
(a) make recommendations to the Minister in relation to the making
of regulations for the purpose of controlling the export, and the
sale and distribution after export, of Australian dairy produce;
(b) make reports and suggestions to the Minister on such matters as
the quality, standards and grading of any particular class or kind
of dairy produce to be exported from Australia;
(c) subject to the approval of the Minister, on its own behalf or in
collaboration with any other person, authority or association of
persons, take, or arrange for the taking of, any action in
Australia or elsewhere that, in the opinion of the Corporation is
likely -
(i) to lead to the improvement of the quality of dairy produce or the prevention of deterioration, before or during transport from Australia, of dairy produce; or
(ii) to expand existing markets or secure new markets for dairy produce; and
(d) apply for, acquire, hold and dispose of letters patent for an invention or an interest in any such letters patent.

DAIRY PRODUCE ACT 1924 - SECT 13B
Control of export of dairy produce

Inserted by No. 82, 1975, s. 6

SECT

13B. (1) The Corporation may, at any time during a year, determine the quantity of any kind of dairy produce manufactured during that year that may be exported to a particular country or particular countries.

(2) The Corporation shall not make a determination under sub-section (1) until it has consulted such organizations of dairy farmers, and such organizations of manufacturers of the kind of dairy produce concerned, as it considers appropriate.

(3) The Corporation shall not exercise its powers under the regulations in a manner that is inconsistent with a determination under sub-section (1).

(4) In this section, "year" means a period commencing on 1 July and ending on the following 30 June.

DAIRY PRODUCE ACT 1924 - SECT 14
Power to make regulations controlling export of dairy produce

Substituted by No. 17, 1954, s. 4 Sub-section (1) amended by No. 82, 1975, s. 14

SECT

14. (1) For the purpose of enabling the Corporation effectively to control the export, and the sale and distribution after export, of Australian dairy produce, the regulations may prohibit the export from the Commonwealth of dairy produce -
(a) except by a person who holds a licence granted as prescribed; and
(b) except in accordance with such conditions and restrictions as are prescribed after recommendation to the Minister by the Corporation.

Substituted by No. 82, 1975, s. 7

SECT

(2) The regulations made for the purposes of paragraph (b) of sub-section (1) may provide that, except with the approval of the Corporation, a person other than the Corporation shall not export dairy produce from Australia to a specified country unless an arrangement has been made between the Corporation and the person for the sale and disposal of the dairy produce in that country by the Corporation on behalf of the person.

Inserted by No. 82, 1975, s. 7

SECT

(2A) The regulations shall not make provision with respect to a country in accordance with sub-section (2) unless the Corporation has, after consulting such organizations of dairy farmers, and such organizations of manufacturers of dairy produce, as it considers appropriate, recommended to the Minister that those regulations make such provision with respect to that country.

Amended by No. 93, 1966, s. 3

SECT

(3) A person shall not export dairy produce from the Commonwealth in contravention of the regulations (including the prescribed conditions and restrictions).

Penalty: Two hundred dollars.

DAIRY PRODUCE ACT 1924 - SECT 15
Power of Corporation to purchase dairy produce, & c.

Repealed by No. 37, 1953, s. 8; inserted by No. 17, 1954, s. 4 Sub-section (1) substituted by No. 82, 1975, s. 8

SECT

15. (1) Subject to any directions of the Minister, the Corporation may, for the purpose of performing its functions -
(a) purchase dairy produce;
(b) sell dairy produce purchased by it; and
(c) manage and control all matters connected with the handling,
storage, protection, treatment, transfer and conveyance of dairy
produce purchased by it.

Amended by No. 82, 1975, s. 14

SECT

(2) Where the Corporation has purchased, or agreed to purchase, dairy produce, the Corporation shall not make, and the vendor is not entitled to receive, before the Corporation has sold the dairy produce, a payment in respect of the purchase of the dairy produce by the Corporation that is in excess of an amount determined by the Corporation in accordance with a rate approved by the Minister.

Section 16 repealed by No. 37, 1953, s. 8 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

DAIRY PRODUCE ACT 1924 - SECT 17
Corporation may accept control of dairy produce or dairy products

Sub-section (1) amended by No. 82, 1975, s. 14; No. 53, 1977, s. 4

SECT

17. (1) The Corporation may accept control of any dairy produce or any dairy products placed under its control for the purposes of this Act.

Added by No. 53, 1977, s. 4

SECT

(2) Where the Corporation accepts control of any dairy produce or any dairy products under sub-section (1), the Corporation may make advances to the owners of that dairy produce or those dairy products on the security of that dairy produce or those dairy products.

Section 18 repealed by No. 45, 1934, s. 2 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

DAIRY PRODUCE ACT 1924 - SECT 19
Contracts for shipment of dairy produce

Substituted by No. 37, 1953, s. 9 Sub-section (1) amended by No. 82, 1975, s. 14

SECT

19. (1) A contract for the carriage of dairy produce by sea to a place beyond the Commonwealth shall not be made except -
(a) by the Corporation acting as the agent of the owner of the dairy produce or of another person having authority to export the dairy produce; or
(b) in conformity with conditions approved by the Corporation.

(2) A contract for the carriage of dairy produce by sea to a place beyond the Commonwealth made otherwise than in accordance with this section is void.

Amended by No. 82, 1975, s. 14

SECT

(3) A Collector of Customs or other officer of Customs may require a person who seeks to export dairy produce from the Commonwealth, on making entry of the dairy produce under the Customs Act 1901-1952 and before the entry has been passed, to satisfy him that the contract for the carriage of the dairy produce is in conformity with conditions approved by the Corporation, and the Collector or other officer may decline to pass the entry until that person has so satisfied him.

Added by No. 17, 1954, s. 5; amended by No. 82, 1975, s. 14

SECT

(4) This section does not apply to or in relation to dairy produce owned by the Corporation.

DAIRY PRODUCE ACT 1924 - SECT 19A
Operation of Customs Act and Commerce (Trade Descriptions) Act not affected

Inserted by No. 37, 1953, s. 9

SECT

19A. Nothing in this Act or the regulations affects the operation of the Customs Act 1901-1952 or of the Commerce (Trade Descriptions) Act 1905-1950, or of regulations made under either or both of those Acts.

DAIRY PRODUCE ACT 1924 - SECT 20
Particular powers of Corporation

Sub-section (1) amended by No. 53, 1947, s. 12; No. 17, 1954, s. 6; No. 82, 1975, s. 14

SECT

20. (1) The Corporation shall, subject to any direction of the Minister, with respect to any dairy produce intended for export from the Commonwealth, have full authority to make such arrangements and give such directions as it thinks fit for the following matters:

(a) The handling, marketing and storage of the dairy produce;
(b) The shipment of the dairy produce on such terms and in such
quantities as it thinks fit;
(c) The sale and disposal of dairy produce on such terms as it thinks
fit;
(d) The insurance against loss of any such dairy produce either in the
Commonwealth or in transit from the Commonwealth and until
disposed of; and
(e) All such matters as are necessary for the due discharge of its
functions in handling, distributing and disposing of the dairy
produce.

Inserted by No. 17, 1954, s. 6; amended by No. 82, 1975, s. 14

SECT

(1A) An arrangement made between the Corporation and the owner of dairy produce for the sale and disposal of the dairy produce by the Corporation on behalf of the owner may authorize the Corporation to receive the proceeds of the sale of the dairy produce and may provide -
(a) that the amount to be paid by the Corporation to the owner of the dairy produce in respect of the sale shall be such amount as is determined by the Corporation in accordance with the arrangement; and
(b) that the principle upon which the amount shall be determined shall be -
(i) a pooling of the proceeds of the sale and the proceeds of other sales of similar dairy produce of the same quality made by the Corporation at or about the same time or during a specified period; and
(ii) the division, after the Corporation has deducted from the pool the expenses incurred by the Corporation in connexion with the sales, of the balance of the pool among the owners of the dairy produce included in the sales on the basis of the quantity of dairy produce sold on behalf of each owner, with proper allowance for necessary adjustments in particular cases.

Amended by No. 82, 1975, s. 14

SECT

(2) For the purpose of securing any advances made to the Corporation, or, at the request of the Corporation, to the owners of any dairy produce placed under the control of the Corporation, the Corporation shall, by virtue of this Act and without further authority, have full power, on behalf of the owners of the dairy produce, to give security over the dairy produce and to execute all mortgages and other instruments of assurance in the same manner in all respects as if the Corporation were the legal owners of the dairy produce.

DAIRY PRODUCE ACT 1924 - SECT 20AA
Export of dairy products prohibited unless exporter party to arrangement

Inserted by No. 53, 1947, s. 13; repealed by No. 216, 1973, s. 3; inserted by No. 53, 1977, s. 5

SECT

20AA. (1) A person, other than the Corporation, shall not export, or cause to be exported, dairy products from Australia unless the person is a party to an arrangement with the Corporation entered into under sub-section 20AB (7) that relates to those dairy products.

Penalty: $1,000.

(2) The regulations may provide that this section does not apply in relation to dairy products of a prescribed class.

DAIRY PRODUCE ACT 1924 - SECT 20AB
Pools for returns on export sales of dairy products

Inserted by No. 53, 1977, s. 5 Sub-section (1) amended by No. 96, 1978, s. 3

SECT

20AB. (1) In this section -
"assessed return", in relation to dairy products to which this section applies, means the amount of the proceeds that would have been received for the dairy products from the export sale if the export sale had been at the assessed export price in force with respect to the dairy products under sub-section (4) at the time of the export sale;
"dairy products to which this section applies" means dairy products that -
(a) having been sold in Australia for delivery to a place outside Australia or for delivery to a ship or aircraft for export from Australia, have been exported from Australia in accordance with the terms of the contract of sale; or
(b) having been exported from Australia for the purpose of sale outside Australia, have been sold by or on behalf of the exporter at a place outside Australia,
being dairy products in relation to which a pool is maintained, at the time of the sale, under sub-section (2);
"export sale", in relation to dairy products to which this section applies, means the sale by reason of which the dairy products are dairy products to which this section applies;
"minimum return", in relation to dairy products to which this section applies, means the amount of the proceeds that would have been received for the dairy products from the export sale if the export sale had been at the minimum export price in force with respect to the dairy products under sub-section (3) at the time of the export sale;
"pool" means a separate account set up and maintained by the Corporation in respect of dairy products of a particular kind or of 2 or more particular kinds, produced during a particular production period being a production period within the meaning of the Dairy Industry Stabilization Act 1977;
"quota products" means dairy products of a kind or kinds in respect of which quotas are determined for a production period under section 11A of the Dairy Industry Stabilization Act 1977.

Inserted by No. 96, 1978, s. 3

SECT

(1A) For the purposes of this section, where dairy products are produced at a factory, by the proprietor of the factory on behalf of the proprietor of another factory, from milk or a constituent part or parts of milk supplied for the purpose by the proprietor of the other factory, the products shall be deemed to have been produced at that other factory.

(2) The Corporation shall set up and maintain pools as prescribed.

(3) The Corporation may, from time to time, for the purposes of this section, fix a minimum export price for dairy products included in a specified class of dairy products.

Amended by No. 96, 1978, s.3

SECT

(4) The Minister may, for the purposes of this section, fix an assessed export price for the dairy products, or for each of the dairy products, in respect of which a pool is maintained by the Corporation under sub-section (2), being a price that the Minister considers will be the average export price for those dairy products.

Inserted by No. 96, 1978, s. 3

SECT

(4A) The Corporation may, with the approval of the Minister, amake to persons engaged in the production, storage, distribution, sale, export or promotion of dairy products payments to meet expenses incurred in the storage, distribution, sale, export or promotion of dairy products to which this section applies and, where any such payment is made, the amount of the payment shall be debited to the appropriate pool.

(5) Where -
(a) the export sale of dairy products to which this section applies is a sale by or on behalf of the Corporation;
(b) the amount of the proceeds received from the export sale is not less than the minimum return in relation to those dairy products; and
(c) the minimum return in relation to those dairy products exceeds the assessed return in relation to those dairy products,
the Corporation shall credit to the appropriate pool the amount of the excess referred to in paragraph (c).

(6) Where -
(a) the export sale of dairy products to which this section applies is a sale by or on behalf of the Corporation; and
(b) the assessed return in relation to those dairy products exceeds the minimum return in relation to those dairy products,
the Corporation shall debit to the appropriate pool the amount of that excess.

(7) The Corporation may enter into an arrangement with a person under which the person agrees to authorize the Corporation to receive, on his behalf, the proceeds of the export sale by or on his behalf of any dairy products to which this section applies.

(8) An arrangement under sub-section (7) shall provide that -
(a) where -
(i) the amount of the proceeds received from the export sale of any dairy products to which the arrangement relates is not less than the minimum return in relation to those dairy products; and
(ii) the minimum return in relation to those dairy products exceeds the assessed return in relation to those dairy products,
the Corporation shall credit to the appropriate pool the amount of the excess referred to in sub-paragraph (ii) and shall pay to the other party to the arrangement the remainder of those proceeds; or
(b) where the assessed return in relation to any dairy products to which the arrangement relates exceeds the minimum return in relation to those dairy products - the Corporation shall debit to the appropriate pool the amount of that excess and shall pay to the other party to the arrangement the proceeds of the export sale of those dairy products together with an amount equal to the amount of that debit.

(9) The Commonwealth may pay to the Corporation an amount to be credited to a pool.

(10) Where -
(a) the Corporation has received an advance from the Reserve Bank under an arrangement made under section 23 and has credited the whole or a part of that advance to a separate account kept in the Dairy Products Stabilization Trust Fund; and
(b) that separate account and a pool under this section are kept or maintained, as the case may be, in respect of the same class of dairy products,
any moneys standing to the credit of the pool may be used by the Corporation to repay that advance, or that part of that advance, as the case may be, to the Reserve Bank, and the Corporation may debit to the pool the amount of any such repayment accordingly.

(11) The Corporation may make advances to proprietors of factories on account of final payments that may become payable to those proprietors from a pool under sub-section (12), being advances calculated at a rate fixed by the Minister from time to time.

Substituted by No. 96, 1978, s. 3

SECT

(12) Where the Corporation is satisfied that, apart from sub-sections (12A), (14), (15) and (16), no more amounts will be debited or credited to a pool maintained in respect of dairy products of a particular kind, or of 2 or more particular kinds, that are quota products, the Corporation shall -
(a) ascertain an amount (in this sub-section referred to as the "final pool return") per tonne in relation to dairy products of that kind, or of those kinds, that were produced during the relevant production period (whether or not those dairy products subsequently became dairy products to which this section applies) by dividing the amount standing to the credit of the pool by the number of tonnes of dairy products of that kind, or of those kinds, that were produced during that production period; and
(b) pay to the proprietor of each factory at which dairy products of that kind, or of any of those kinds, were produced during that period the final pool return in respect of each tonne of dairy products of that kind, or of those kinds, produced at that factory during that production period that is in excess of the quota determined in respect of that kind, or of those kinds, of dairy products in relation to that factory for that production period under section 11A of the Dairy Industry Stabilization Act 1977.

Inserted by No. 96, 1978, s. 3

SECT

(12A) Where the Corporation is satisfied that, apart from sub-sections (14), (15) and (16), no more amounts will be credited or debited to a pool, the Corporation -
(a) may, with the approval of the Minister, where it considers it appropriate to do so, determine that the whole or any part of the amount standing to the credit of the pool be transferred to the credit of the separate account kept in respect of dairy products of the kind, or kinds, in respect of which the pool is maintained, or kept in respect of kinds of dairy products which include dairy products of that kind or any of those kinds, in the Dairy Products Stabilization Trust Fund established under the Dairy Industry Stabilization Act 1977; and
(b) shall divide the amount standing to the credit of the pool after any payments consequential upon a determination under paragraph (a) have been made among the proprietors of the factories at which dairy products of that kind, or of any of those kinds, were produced during the relevant production period (whether or not those dairy products subsequently became dairy products to which this section applies), being a division made on the basis of the quantity of dairy products of that kind, or of those kinds, produced at each factory during that period,
and the amount ascertained in accordance with paragraph (b) in relation to each factory is the final payment payable to the proprietor of that factory from the pool.

Inserted by No. 96, 1978, s. 3

SECT

(12B) In the application of sub-sections (12) and (12A) in relation to a pool maintained in respect of dairy products of 2 or more particular kinds, the quantity of dairy products of those kinds, or of any of those kinds, produced during a production period, or produced at a factory during a production period, shall be ascertained in accordance with a method determined by the Minsiter after consultation with the Corporation.

Amended by No. 96, 1978, s. 3

SECT

(13) A reference in sub-section (12) or (12A) to dairy products shall be read as not including dairy products that were, by virtue of section 9 of the Dairy Industry Stabilization Levy Act 1977, exempt from levy.

(14) Where -
(a) a final payment is payable from a pool to a proprietor; and
(b) the proprietor has not received any advance under sub-section
(11) on account of that final payment,
the Corporation shall pay the amount of the final payment to the proprietor.

(15) Where -
(a) a final payment is payable from a pool to a proprietor;
(b) the proprietor has received an advance or advances under
subsection
(11) on account of that final payment; and
(c) the final payment exceeds the advance, or the aggregate of the
advances, referred to in paragraph (b),
the Corporation shall pay to the proprietor an amount equal to that excess.

(16) Where -
(a) a final payment is payable from a pool to a proprietor;
(b) the proprietor has received an advance or advances under sub-section (11) on account of that final payment; and
(c) the final payment is less than the advance, or the aggregate of the advances, referred to in paragraph (b),
an amount equal to that difference 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 PRODUCE ACT 1924 - SECT 20A
Corporation to advise Minister

Inserted by No. 70, 1935, s. 9; amended by No. 82, 1975, s. 14

SECT

20A. The Corporation shall, from time to time, advise the Minister as to any action which the Corporation considers should be taken -
(a) to improve the quality of dairy produce, and of herds and
pastures
used in the production of dairy produce;
(b) with respect to the transport of dairy produce; and
(c) to secure new markets, and the expansion of existing markets, for
dairy produce.

DAIRY PRODUCE ACT 1924 - PART IV
PART IV - STAFF AND REPRESENTATIVES

Heading inserted by No. 82, 1975, s. 9

DAIRY PRODUCE ACT 1924 - SECT 20B
Staff

Substituted by No. 82, 1975, s. 9

SECT

20B. (1) The Corporation may employ such persons as it thinks necessary to assist the Corporation in exercising its powers and performing its functions under this Act or any other Act.

(2) The terms and conditions of employment of persons employed under this section are such as are, with the approval of the Public Service Board, determined by the Corporation.

DAIRY PRODUCE ACT 1924 - PART V
PART V - FINANCE

Heading inserted by No. 82, 1975, s. 10

DAIRY PRODUCE ACT 1924 - SECT 21
Moneys to be paid to Corporation

Substituted by No. 82, 1975, s. 10 Sub-section (1) substituted by No. 79, 1976, s. 6

SECT

21. (1) There shall be paid to the Corporation amounts equal to the amounts from time to time received by the Commonwealth -
(a) as levy;
(b) in discharge of the liability of a person under sub-section (1) of
section 6 of the Levy Collection Act in respect of amounts of levy;
and
(c) as penalties under section 7 of the Levy Collection Act to the
extent that the penalties relate to levy.

(2) The Consolidated Revenue Fund is appropriated to the extent necessary for the purposes of sub-section (1).

DAIRY PRODUCE ACT 1924 - SECT 22
Bank accounts

Substituted by No. 82, 1975, s. 10

SECT

22. (1) The Corporation may open and maintain an account or accounts with an approved bank or approved banks and shall maintain at all times at least 1 such account.

(2) The Corporation shall pay all moneys of the Corporation into an account referred to in this section.

DAIRY PRODUCE ACT 1924 - SECT 23
Borrowing by the Corporation

Substituted by No. 82, 1975, s. 10 Sub-section (1) amended by No. 53, 1977, s. 6

SECT

23. (1) The Minister may, on behalf of Australia -
(a) arrange with the Reserve Bank of Australia for the making by
that Bank of advances to the Corporation for the purposes of the
Corporation, whether purposes authorized by this Act or another
Act; and
(b) guarantee the repayment of an advance made in pursuance of
such an arrangement and the payment of interest on the advance.

(2) The Corporation may, with the approval of the Treasurer, borrow moneys otherwise than in accordance with sub-section (1).

(3) The Corporation may give security over any of its assets for the purpose of any borrowing under this section.

(4) The Corporation shall not borrow moneys otherwise than in accordance with this section.

DAIRY PRODUCE ACT 1924 - SECT 24
Application of moneys of Corporation

Substituted by No. 82, 1975, s. 10

SECT

24. (1) The moneys of the Corporation shall be applied only -
(a) in payment or discharge of the expenses, charges, obligations and
liabilities incurred or undertaken by the Corporation in or in
connexion
with the performance of its functions, or the exercise of its
powers, under this Act or under the Dairy Produce Sales
Promotion
Act 1958-1975;
(b) in payment of any remuneration and allowances, or
reimbursement
of expenses, payable under this Act or under the Dairy
Produce
Sales Promotion Act 1958-1975;
(c) in payment of remuneration and allowances of members of the
staff of the Corporation; and
(d) in making any other payments that the Corporation is authorized
or required to make under this Act.

(2) Moneys of the Corporation not immediately required for the purposes of the Corporation may be invested -
(a) on fixed deposit with an approved bank;
(b) in any securities of, or guaranteed by, Australia or a State; or
(c) in any other manner approved by the Treasurer.

(3) Where the Corporation is of the opinion that the expansion of the existing markets, or the securing of new markets, for dairy produce is likely to be assisted by -
(a) the acquisition by the Corporation, by subscription or otherwise, of an interest in a corporation incorporated in Australia or elsewhere; or
(b) the making by the Corporation, whether in Australia or elsewhere, of a loan of moneys to a corporation, an association of persons or a person,
the Corporation may apply moneys of the Corporation in the acquisition of that interest or the making of that loan.

(4) For the purposes of sub-section (3), "interest", in relation to a corporation, includes -
(a) a share in the capital of the corporation; and
(b) stock of the corporation.

DAIRY PRODUCE ACT 1924 - SECT 25
Power to purchase and dispose of assets

Repealed by No. 53, 1947, s. 16; inserted by No. 82, 1975, s. 10

SECT

25. The Corporation shall not, without the approval of the Minister -
(a) enter into a contract (not being a contract for the acquisition or
disposal of dairy produce) under which the Corporation is to pay
or receive an amount exceeding $100,000, or, if a higher amount
is prescribed, that higher amount; or
(b) enter into a lease of land for a period exceeding 10 years.

DAIRY PRODUCE ACT 1924 - SECT 25A
Proper accounts to be kept

Inserted by No. 82, 1975, s. 10

SECT

25A. The Corporation shall cause to be kept proper accounts and records of the transactions and affairs of the Corporation in accordance with the accounting principles generally applied in commercial practice and shall do all things necessary to ensure that all payments out of moneys of the Corporation are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the Corporation and over the incurring of liabilities by the Corporation.

DAIRY PRODUCE ACT 1924 - SECT 25B
Audit

Inserted by No. 82, 1975, s. 10

SECT

25B. (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Corporation under this Act or any other Act and the records relating to assets of, or in the custody of, the Corporation, and shall forthwith draw the attention of the Minister to any irregularity disclosed by the inspection and audit that, in the opinion of the Auditor-General, is of sufficient importance to justify his so doing.

(2) The Auditor-General may, at his discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in sub-section (1).

(3) The Auditor-General shall, at least once in each financial year, report to the Minister the results of the inspection and audit carried out under sub-section (1).

(4) The Auditor-General or a person authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Corporation relating directly or indirectly to the receipt or payment of moneys, or to the acquisition, receipt, custody or disposal of assets, by the Corporation.

(5) The Auditor-General or a person authorized by him may make copies of, or take extracts from, any such accounts, records, documents or papers.

(6) The Auditor-General or a person authorized by him may require a person to furnish him with such information in the possession of the person or to which the person has access as the Auditor-General or authorized person considers necessary for the purposes of the functions of the Auditor-General under this Act, and the person shall comply with the requirement.

(7) A person who contravenes sub-section (6) is guilty of an offence punishable, upon conviction, by a fine not exceeding $200.

DAIRY PRODUCE ACT 1924 - SECT 25C
Liability to taxation

Inserted by No. 82, 1975, s. 10

SECT

25C. (1) The Corporation is subject to taxation (other than income tax) under the laws of Australia.

(2) Subject to sub-section (3), the Corporation is not subject to taxation under a law of a State or Territory.

(3) The regulations may provide that sub-section (2) does not apply in relation to taxation under a specified law of a State or Territory.

DAIRY PRODUCE ACT 1924 - PART VA
PART VA - AUSTRALIAN DAIRY INDUSTRY ADVISORY
COMMITTEE

Part VA inserted by No. 53, 1977, s. 7

DAIRY PRODUCE ACT 1924 - SECT 25D
Australian Dairy Industry Advisory Committee

Inserted by No. 53, 1977, s. 7

SECT

25D. There shall be a Committee by the name of the Australian Dairy Industry Advisory Committee.

DAIRY PRODUCE ACT 1924 - SECT 25E
Functions of Advisory Committee

Inserted by No. 53, 1977, s. 7

SECT

25E. The functions of the Advisory Committee are as follows:

(a) to assist the Corporation in the performance of its functions and
the exercise of its powers under the Dairy Industry Stabilization
Levy Act 1977 and the Dairy Industry Stabilization Act 1977
and, in particular, to make itself available for consulation with
the Corporation with respect to any matter relevant to the
performance
of those functions or the exercise of those powers;
(b) if so requested by the Corporation, to assist the Corporation in
the performance of its funcitons and the exercise of its powers
under any other Act (including this Act).

DAIRY PRODUCE ACT 1924 - SECT 25F
Membership of Advisory Committee

Inserted by No. 53, 1977, s. 7

SECT

25F. (1) Members of the Advisory Committee shall be appointed by the Minister.

(2) The Advisory Committee shall consist of 11 members, namely -
(a) a Chairman;
(b) 3 members to represent manufacturers of butter, skimmilk
powder and casein;
(c) 2 members to represent manufacturers of cheese;
(d) 1 member to represent manufacturers of other dairy products;
and
(e) 4 members to represent dairy farmers, including a member to
represent the market milk sector of the dairy farming industry.

(3) The members referred to in paragraphs (2) (b), (c) and (d) shall be selected by the Minister from lists submitted to the Minister containing the names of persons nominated by such organizations of manufacturers of dairy products as the Minister considers appropriate.

(4) In making an appointment of a member under sub-section (3), the Minister shall indicate in the instrument of appointment the class of manufacturers of dairy products that the member is to represent.

(5) The members referred to in paragraph (2) (e) shall be appointed by the Minister from a list submitted to the Minister containing the names of persons nominated by the Australian Dairy Farmers' Federation or by any other organization of dairy farmers approved by the Minister.

(6) In making an appointment under sub-section (5) of the member who is to represent the market milk sector of the dairy farming industry, the Minister shall state in the instrument of appointment that the member is to represent that sector.

(7) The members of the Advisory Committee shall be appointed as part-time members.

DAIRY PRODUCE ACT 1924 - SECT 25G
Tenure of office

Inserted by No. 53, 1977, s. 7

SECT

25G. (1) Subject to this Act, a member holds office for a period of 3 years, but is eligible for re-appointment.

(2) Where the Minister appoints a person to fill a vacancy in the office of a member of the Advisory Committee, being a vacancy arising otherwise than by reason of the expiration of the period for which the member who held the office was appointed, the person so appointed holds office for the unexpired term of office of the member whose office became vacant.

DAIRY PRODUCE ACT 1924 - SECT 25H
Resignation of members of Advisory Committee

Inserted by No. 53, 1977, s. 7

SECT

25H. A member of the Advisory Committee may resign his office by writing under his hand delivered to the Minister.

DAIRY PRODUCE ACT 1924 - SECT 25J
Termination of appointment of members of Advisory Committee

Inserted by No. 53, 1977, s. 7

SECT

25J. The Minister may terminate the appointment of a member of the Advisory Committee by reason of the misbehaviour or mental or physical incapacity of the member.

DAIRY PRODUCE ACT 1924 - SECT 25K
Leave of absence of members of Advisory Committee

Inserted by No. 53, 1977, s. 7

SECT

25K. The Minister may grant leave of absence to a member of the Advisory Committee.

DAIRY PRODUCE ACT 1924 - SECT 25L
Meetings of Advisory Committee

Inserted by No. 53, 1977, s. 7

SECT

25L. (1) The Advisory Committee shall hold such meetings as are necessary for the performance of its functions.

(2) The Chairman of the Advisory Committee may, with the approval of the Chairman of the Corporation, at any time convene a meeting of the Advisory Committee.

(3) If the office of Chairman of the Advisory Committee is vacant or the Chairman of the Advisory Committee is unable, whether on account of illness or otherwise, to perform the duties of his office, the power conferred by sub-section (2) may be exercised by the Chairman of the Corporation.

(4) The Chairman of the Advisory Committee or the Chairman of the Corporation shall, on receipt of a request in writing signed by not less than 5 members, convene a meeting of the Advisory Committee.

(5) At a meeting, a quorum is constituted by a number of members equal to a majority of the members for the time being holding office.

(6) The Chairman shall preside at all meetings at which he is present.

(7) If the Chairman is not present at a meeting, the members present shall elect one of their number to preside at the meeting.

(8) Questions arising at a meeting shall be determined by a majority of the votes of the members present and voting.

DAIRY PRODUCE ACT 1924 - SECT 25M
Remuneration and allowances of members of Advisory Committee

Inserted by No. 53, 1977, s. 7

SECT

25M. (1) A member of the Advisory Committee shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed.

(2) A member of the Advisory Committee shall be paid such fees and allowances as are prescribed.

(3) Sub-sections (1) and (2) have effect subject to the Remuneration Tribunals Act 1973.

(4) The remuneration, fees and allowances of members of the Advisory Committee shall be paid by the Corporation.

(5) Where the Corporation considers that, having regard to the services performed by the Advisory Committee from time to time, it is appropriate that the whole or a part of payments made by the Corporation under this section should be met from the Dairy Products Stabilization Trust Fund, the Corporation may, by instrument in writing, direct that the whole, or that part, of those payments shall be deemed to be an expense of the Corporation in administering that fund.

DAIRY PRODUCE ACT 1924 - PART VI
PART VI - MISCELLANEOUS

Heading inserted by No. 82, 1975, s. 11

DAIRY PRODUCE ACT 1924 - SECT 26
Power to call for returns

Sub-section (1) amended by No. 82, 1975, s. 14

SECT

26. (1) The Corporation may call upon any person to furnish, within such time as is specified by the Corporation, such returns in relation to the dairy industry as are necessary for the purposes of carrying out this Act.

Amended by No. 93, 1966, s. 3

SECT

(2) Any person who, being called upon in pursuance of this section to furnish a return in relation to any matter within his knowledge or under his control, fails to furnish the return within the time specified shall be guilty of an offence.

Penalty: Two hundred dollars.

Section 27 repealed by No. 82, 1975, s. 12 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

DAIRY PRODUCE ACT 1924 - SECT 28
Liability of Corporation for its acts

Sub-section (1) amended by No. 82, 1975, s. 14

SECT

28. (1) The Corporation in its corporate capacity shall, in all its operations under this Act, be deemed to be the agent of the owners of all dairy produce of which the Corporation has accepted control, and the mutual rights, obligations and liabilities of the Corporation and the several owners shall accordingly be determined in accordance with the law governing the relations between principals and agents, save that nothing in this Act shall be construed to limit the power of the Corporation to exercise, without the authority of the owner of any dairy produce, any power with respect to such dairy produce which is expressly or by implication conferred on the Corporation by or under this Act.

Amended by No. 74, 1958, s. 10; No. 82, 1975, s. 14

SECT

(2) The members of the Corporation shall not be personally liable for any act or default of the Corporation done or omitted to be done in good faith in the course of the operations of the Corporation under this or any other Act.

DAIRY PRODUCE ACT 1924 - SECT 29
Annual report

Substituted by No. 82, 1975, s. 13 Sub-section (1) amended by No. 53, 1977, s. 8; No. 36, 1978, s. 3

SECT

29. (1) The Corporation shall, as soon as practicable after each 30 June, prepare and furnish to the Minister a report of its operations under this Act and any other Act during the year ended on that date, together with financial statements in respect of that year in such form as the Minister for Finance approves.

(2) The report shall set out all directions in respect of the exercise of the powers of the Corporation given by the Minister to the Corporation during the year to which the report relates.

(3) Before furnishing the financial statements to the Minister, the Corporation shall submit them to the Auditor-General, who shall report to the Minister -
(a) whether the statements are based on proper accounts and
records;
(b) whether the statements are in agreement with the accounts and
records and show fairly the financial transactions and state of
affairs of the Corporation;
(c) whether the receipt, expenditure and investment of moneys, and
the acquisition and disposal of assets, by the Corporation during
the year have been in accordance with this Act; and
(d) as to such other matters arising out of the statements as the
Auditor-General considers should be reported to the Minister.

(4) The Minister shall cause the report and financial statements of the Corporation, together with the report of the Auditor-General, to be laid before each House of the Parliament within 15 sitting days of that House after their receipt by the Minister.

DAIRY PRODUCE ACT 1924 - SECT 29A
Rights of public servants appointed or employed under this Act.

Substituted by No. 82, 1975, s. 13

SECT

29A. Where the Chairman, or a person employed by the Corporation, was, immediately before his appointment or employment, as the case may be, an officer of the Australian Public Service or a person to whom the Officers' Rights Declaration Act 1928-1975*2* applied -
(a) he retains his existing and accruing rights; and
(b) for the purpose of determining those rights, his service as such a
member or person shall be taken into account as if it were service
in the Australian Public Service.

*2*S. 29A - The Officers' Rights Declaration Act 1928-1975 was repealed by the Public Service Amendment Act 1978 (No. 170, 1978).

DAIRY PRODUCE ACT 1924 - SECT 30
Regulations

Amended by No. 93, 1966, s. 3

SECT

30. 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 prescribing penalties not exceeding One hundred dollars for any breach of the regulations.