Federal Register of Legislation - Australian Government

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SR 1977 No. 108 Regulations as amended, taking into account amendments up to SR 1985 No. 151
Registered 25 Mar 2010
Start Date 01 Jul 1985
End Date 20 Nov 1996
Date of repeal 20 Nov 1996
Repealed by Repeal of the enabling legislation by Primary Industries and Energy Legislation Amendment Act (No. 2) 1996

DAIRY INDUSTRY STABILIZATION LEVY REGULATIONS
(#DATE 31:01:1988)

- In force under the Dairy Industry Stabilization Act 1977
- Reprinted as at 31 January 1988 *1* The Dairy Industry Stabilization Levy Regulations (in force under the Dairy Industry Stabilization Levy Act 1977) as shown in this reprint comprise Statutory Rules 1977 No. 108 amended as indicated in the Tables below.
Table of Statutory Rules
------------------------------------------------------------------------------ -- Date of Application, saving
Year notification Date of or transitional
and number in gaztte commencement provisions
------------------------------------------------------------------------------ -- 1977 No. 108 (a) 30 June 1977 1 July 1977
231 (a) 30 Nov 1977 1 Dec 1977 -
282 (a) 30 Dec 1977 1 Jan 1978 -
1978 No. 48 (a) 31 Mar 1978 1 Apr 1978 -
98 (a) 29 June 1978 1 July 1978 -
267 (a) 21 Dec 1978 1 Jan 1979 -
1979 No. 98 (a) 29 June 1979 1 July 1979 -
291 (a) 24 Dec 1979 1 Jan 1980 -
1980 No. 66 (a) 26 Mar 1980 1 Apr 1980 -
183 (a) 30 June 1980 1 July 1980 -
299 (a) 17 Oct 1980 1 Nov 1980 -
1981 No. 25 (a) 27 Feb 1981 1 Mar 1981 -
1981 No. 158 (b) 23 June 1981 1 July 1981 -
316 (a) 30 Oct 1981 1 Nov 1981 -
1982 No. 48 26 Feb 1982 R. 1: 1 Mar -
1982
Remainder:
26 Feb 1982
99 30 Apr 1982 R. 1: 1 May -
1982
Remainder:
30 Apr 1982
159 30 June 1982 1 July 1982 -
330 30 Nov 1982 1 Dec 1982 -
1983 No. 89 30 June 1983 1 July 1983 -
347 30 Dec 1983 30 Dec 1983 -
1984 No. 124 29 June 1984 1 July 1984 -
1985 No. 151 28 June 1985 1 July 1985 -
------------------------------------------------------------------------------ -- (a) The form of introductory words used to make Statutory Rules 1981 No. 316 was as follows:
"WHEREAS it is provided by sub-section 11 (2) of the Dairy Industry Stabilization Levy Act 1977 that the Australian Dairy Corporation, after consultation with the Australian Dairy Industry Advisory Committee, may make recommendations to the Minister with respect to regulations to be made for the purposes of -
(a) paragraph (c) of the definition of "dairy products" in sub-section 4 (1) of that Act; or
(b) section 5, 6, 7 or 9 of that Act:
"AND WHEREAS it is provided by sub-section 11 (3) of that Act that, before making regulations for the purposes of a provision referred to in sub-section 11 (2) of that Act, the Governor-General shall take into consideration any relevant recommendation made by the Australian Dairy Corporation under sub-section 11 (2) of that Act:
"NOW THEREFORE I, the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and after taking into consideration the relevant recommendations made to the Minister by the Australian Dairy Corporation, hereby make the following Regulations under the Dairy Industry Stabilization Levy Act 1977."
The form of introductory words used to make Statutory Rules 1977 Nos. 108, 231 and 282, 1978 Nos. 48, 98 and 267, 1979 Nos. 98 and 291, 1980 Nos. 66, 183 and 299 and 1981 No. 25 was similar to the form set out above.
(b) The form of introductory words used to make Statutory Rules 1981 No. 158 was as follows:
"WHEREAS it is provided by sub-section 11 (2) of the Dairy Industry Stabilization Levy Act 1977 that the Australian Dairy Corporation, after consultation with the Australian Dairy Industry Advisory Committee, may make recommendations to the Minister with respect to regulations to be made for the purposes of -
(a) paragraph (c) of the definition of "dairy products" in sub-section 4 (1) of that Act; or
(b) section 5, 6, 7 or 9 of that Act:
"AND WHEREAS it is provided by sub-section 11 (3) of that Act that, before making regulations for the purposes of a provision referred to in sub-section 11 (2) of that Act, the Governor-General shall take into consideration any relevant recommendation made by the Australian Dairy Corporation under sub-section 11 (2) of that Act:
"AND WHEREAS, by reason of section 16A of the Acts Interpretation Act 1901, a reference in an Act to the Governor-General is, unless the contrary intention appears, to be deemed to include the person for the time being administering the Government of the Commonwealth of Australia and is, unless the contrary intention appears, to be read as referring to that person acting with the advice of the Federal Executive Council:
"NOW THEREFORE I, the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and after taking into consideration the relevant recommendations made to the Minister by the Australian Dairy Corporation, hereby make the following Regulations under the Dairy Industry Stabilization Levy Act 1977."
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
------------------------------------------------------------------------------ -- Provision affected How affected ------------------------------------------------------------------------------ -- R. 3 . . . . . . . . am. 1977 No. 21; 1978 No. 98
R. 4 . . . . . . . . am. 1977 No. 231
R. 6 . . . . . . . . rs. 1977 No. 231
am. 1978 No. 98
R. 6A . . . . . . . ad. 1983 No. 347
R. 8 . . . . . . . . rs. 1978 No. 98; 1979 No. 98; 1980 No. 183; 1981 No. 158;
1982 No. 159
am. 1983 No. 89; 1984 No. 124; 1985 No. 151
Schedule 1 . . . . . am. 1981 No. 158; 1982 No. 159
Schedule 2 . . . . . am. 1977 No. 231
rs. 1977 No. 282
am. 1978 No. 48
rs. 1978 Nos. 98 and 267; 1979 Nos. 98 and 291; 1980 Nos.
66, 183 and 299; 1981 Nos. 25, 158 and 316; 1982 Nos. 48,
99, 159 and 330; 1983 No. 89; 1984 No. 124; 1985 No. 151

DAIRY INDUSTRY STABILIZATION LEVY REGULATIONS - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

Regulation

1. Citation

2. Commencement

3. Interpretation

4. Prescribed products for purposes of definition of "dairy products" in
sub-section 4(1) of the Act

5. Certain varieties of cheese exempted from levy

6. Prescribed date for purposes of sub-section 6(2) of the Act

6A. Prescribed minimum percentage - sub-section 6(3B) of the Act

7. Rates of levy

8. Prescribed period for purposes of paragraph 9(1)(a) of the Act

9. Minimum quantities for purposes of paragraph 9(1)(b) of the Act

SCHEDULE 1

Varieties of cheese

SCHEDULE 2

Rates of levy

SCHEDULE 3

Minimum quantities

DAIRY INDUSTRY STABILIZATION LEVY REGULATIONS - REG 1
Citation

1. These Regulations may be cited as the Dairy Industry Stabilization Levy Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

DAIRY INDUSTRY STABILIZATION LEVY REGULATIONS - REG 2
Commencement

2. These Regulations shall come into operation on 1 July 1977.

DAIRY INDUSTRY STABILIZATION LEVY REGULATIONS - REG 3
Interpretation

3. In these Regulations, unless the contrary intention appears - "modified skimmilk powder" means -
(a) powder produced by the removal of water from skimmilk, being powder
containing -
(i) more than 1.5 per cent of fat and not more than 10 per cent of fat;
and
(ii) not more than 5 per cent of moisture; or
(b) so much of a powder produced by the removal of water from a mixture of
skimmilk and another substance (other than buttermilk) or other substances, being powder containing -
(i) not less than 25 per cent of a substance having the same composition
as powder of the kind referred to in paragraph (a);
(ii) more than 1.5 per cent of fat and not more than 10 per cent of fat;
and
(iii) not more than 5 per cent of moisture,
as consists of the substance having the same composition as powder of the kind referred to in paragraph (a);
"processed butteroil" means butterfat or ghee produced from butter by separation by means of liquefaction and clarification;
"processed cheese" means cheese (with or without the addition of any other substance) produced from other cheese that has been comminuted, emulsified and pasteurized;
"skimmilk and buttermilk powder mixture" means powder produced by the removal of water from a mixture of skimmilk and buttermilk, being powder containing more than 1.5 per cent of fat and not more than 5 per cent of moisture;
"the Act" means the Dairy Industry Stabilization Levy Act 1977.

DAIRY INDUSTRY STABILIZATION LEVY REGULATIONS - REG 4
Prescribed products for purposes of definition of "dairy products"
in sub-section 4(1) of the Act

4. For the purposes of paragraph (c) of the definition of "dairy products" in sub-section 4(1) of the Act, the following products are prescribed:

(aa) modified skimmilk powder;
(a) processed butteroil;
(b) processed cheese;
(c) skimmilk and buttermilk powder mixture.

DAIRY INDUSTRY STABILIZATION LEVY REGULATIONS - REG 5
Certain varieties of cheese exempted from levy

5. Each of the varieties of cheese specified in Schedule 1 is exempted from levy.

DAIRY INDUSTRY STABILIZATION LEVY REGULATIONS - REG 6
Prescribed date for purposes of sub-section 6(2) of the Act

6. For the purposes of sub-section 6(2) of the Act, the date prescribed -
(a) with respect to modified skimmilk powder - is 1 December 1977;
(ab) with respect to whole milk powder - is 1 July 1978; and
(b) with respect to any other kind of dairy products - is 1 July 1977.

DAIRY INDUSTRY STABILIZATION LEVY REGULATIONS - REG 6A
Prescribed minimum percentage - sub-section 6 (3B) of the Act

6A. For the purposes of the definition of "minimum percentage" in subsection 6(3B) of the Act, 25% is prescribed.

DAIRY INDUSTRY STABILIZATION LEVY REGULATIONS - REG 7
Rates of levy

7. For the purposes of sub-section 7(1) of the Act, the rate of levy in respect of each kind of dairy products specified in column 1 of Schedule 2 is the rate set out in column 2 of that Schedule opposite to the description of that kind of dairy products in column 1.

DAIRY INDUSTRY STABILIZATION LEVY REGULATIONS - REG 8
Prescribed period for purposes of paragraph 9(1)(a) of the Act

8. For the purposes of paragraph 9(1)(a) of the Act, the period of one year commencing on 1 July 1985 is the prescribed period with respect to dairy products of the kinds specified in column 1 of Schedule 3.

DAIRY INDUSTRY STABILIZATION LEVY REGULATIONS - REG 9
Minimum quantities for purposes of paragraph 9(1)(b) of the Act

9. For the purposes of paragraph 9(1)(b) of the Act, each of the quantities set out in column 2 of Schedule 3 is with respect to dairy products of the kind specified in column 1 of that Schedule opposite to that quantity, the minimum quantity for the prescribed period with respect to dairy products of that kind.

DAIRY INDUSTRY STABILIZATION LEVY REGULATIONS - SCHEDULE 1

SCH

SCHEDULE 1 Regulation 5
VARIETIES OF CHEESE
Bel Paese Maribo
Blue, Bleu Mozzarella
Bondon Muenster
Brick Munster
Brie Mycella
Burrino Mysost
Caciocavallo Neufchatel
Caerphilly Noekkelost
Camembert Parmesan
Cantal Parmigiano
Carre Pecorino
Chalpa Pecorino Pepato
Chantelle Pecorino Romano
Cheshire Pineapple
Cottage, Bakers Pizza-cacia
Cream Port du Salut
Creamed Cottage Port Salut
Danablu Primost
Danbo Provature
Derby Provole
Double Gloucester Provoletti
Dunlop Provolone
Edam Reggiano
Elbo Ricotta
Emmenthal Romadur
Emmenthaler Roman
Esrom Romanella
Feta-Skim Romano
Feta, Fetta Roquefort
Friesian Salame
Fynbo Samsoe
Gammelost Sapsago
Gloucester Scamorza
Gorgonzola Skim Fetta
Gouda St. Paulin
Grana Steppe
Grunerkase Stilton (Blue)
Gruyere Stilton (White)
Haloumi Strachino
Havarti Swiss
Kambura Taffel
Kashkaval Taleggio
Kasseri Tambo
Kommenost Tilsit
Kopanisti Tilsiter
Kuminost Tybo
Lancashire Wensleydale
Leicester Whey
Leyden Yoghurt
Liederkranz Ziger
Limburger

DAIRY INDUSTRY STABILIZATION LEVY REGULATIONS - SCHEDULE 2

SCH

SCHEDULE 2
Regulation 7
RATES OF LEVY
------------------------------------------------------------------------------ -- Column 1 Column 2 Kind of dairy product Rate per tonne ------------------------------------------------------------------------------ -- $ Butter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 151 Buttermilk powder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327 Butteroil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 421 Casein . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 642 Cheese . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 753 Modified skimmilk powder . . . . . . . . . . . . . . . . . . . . . . . . . . 327 Processed butteroil . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Processed cheese . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Skimmilk and buttermilk powder mixture . . . . . . . . . . . . . . . . . . . 327 Skimmilk powder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327 Whole milk powder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 633 ------------------------------------------------------------------------------ --

DAIRY INDUSTRY STABILIZATION LEVY REGULATIONS - SCHEDULE 3

SCH

SCHEDULE 3
Regulations 8 and 9
MINIMUM QUANTITIES
------------------------------------------------------------------------------ -- Column 1 Column 2 Kind of dairy products Tonnes ------------------------------------------------------------------------------ -- Processed butteroil . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 000 Processed cheese . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 000