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Dairy Produce Regulations

  • - C2004H00985
  • In force - Superseded Version
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SR 1986 No. 166 Regulations as amended, taking into account amendments up to SR 1995 No. 310
Registered 25 Mar 2010
Start Date 26 Oct 1995
End Date 30 Jun 2003

DAIRY PRODUCE REGULATIONS
(#DATE 17:11:1995)

- In force under the Dairy Produce Act 1986
- Updated as at 17 November 1995
*1* The Dairy Produce Regulations (in force under the Dairy Produce Act 1986) as shown in this reprint comprise Statutory Rules 1986 No. 166 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1986 No. 166 30 June 1986 1 July 1986
237 11 Sept 1986 11 Sept 1986 -
1987 No. 42 24 Mar 1987 24 Mar 1987 -
263 12 Nov 1987 12 Nov 1987 -
1990 No. 384 6 Dec 1990 6 Dec 1990 -
424 21 Dec 1990 1 Jan 1991 -
433 21 Dec 1990 21 Dec 1990 -
1995 No. 209 30 June 1995 1 July 1995 -
310 26 Oct 1995 26 Oct 1995 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 2 am. 1995 No. 310
R. 4 am. 1987 Nos. 42 and 263
rep. 1995 No. 310
Rr. 4A, 4B ad. 1986 No. 237
R. 6 am. 1990 Nos. 384 and 424
R. 8 am. 1995 No. 209
Rr. 13, 14 rep. 1995 No. 209
R. 15 ad. 1990 No. 433
rep. 1995 No. 209
Part V (rr. 16, 17) ad. 1995 No. 209
Rr. 16, 17 ad. 1995 No. 209
Heading to Schedule rep. 1995 No. 209
Heading to
Schedule 1 ad. 1995 No. 209
Schedules 2, 3 ad. 1995 No. 209
#ADD 19:7:1995

DAIRY PRODUCE REGULATIONS - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Regulation
PART I - PRELIMINARY
1. Citation
2. Interpretation
PART II - EXPORT CONTROL
3. Prohibition of export of certain dairy products
4A. Applications for licences and renewals of licences
4B. Fees in respect of licence applications
PART III - RECORDS, RETURNS AND PAYMENT OF LEVIES
5. Records to be kept
6. Returns of purchases of relevant dairy produce
7. Returns in relation to dairy products
8. Authorised agent
9. Execution of documents by a company
10. Prescribed periods - paragraph 61 (2) (b) of the Act
PART IV - FINANCE
11. Liability of Corporation to State taxes
12. Prescribed foreign countries - section 97 of the Act
PART V - MISCELLANEOUS
16. Prescribed milk fat content
17. Prescribed protein content
SCHEDULE 1
APPOINTMENT OF AUTHORISED AGENT
SCHEDULE 2
MILK FAT AND PROTEIN CONTENT - KIND OF DAIRY PRODUCE
SCHEDULE 3
MILK FAT AND PROTEIN CONTENT - CLASS OF DAIRY PRODUCE

DAIRY PRODUCE REGULATIONS - PART I
PART I - PRELIMINARY

DAIRY PRODUCE REGULATIONS - REG 1
Citation

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

DAIRY PRODUCE REGULATIONS - REG 2
Interpretation

2. (1) In these Regulations, unless the contrary intention appears:
"casein" includes all caseinates and co-precipitates;
"month" means one of the 12 months of the year;
"the Act" means the Dairy Produce Act 1986.


(2) In these Regulations, unless the contrary intention appears:
(a) a reference to a person who purchases relevant dairy produce shall be read as a reference to a person who purchases from the producer relevant dairy produce on which levy is imposed; and
(b) a reference to an authorised agent shall be read as a reference to a person appointed under regulation 8 to be an authorised agent.

DAIRY PRODUCE REGULATIONS - PART II
PART II - EXPORT CONTROL

DAIRY PRODUCE REGULATIONS - REG 3
Prohibition of export of certain dairy products

3. For the purposes of subsection 52 (2) of the Act, the export from Australia of butter, butteroil, cheese, casein, skimmilk powder, whole milk powder or buttermilk powder is declared to be prohibited.

DAIRY PRODUCE REGULATIONS - REG 4A
Applications for licences and renewals of licences

4A. (1) An application to the Corporation for an export licence under subsection 55 (1) of the Act shall be in writing and shall state:
(a) the full name of the applicant;
(b) the business address of the applicant;
(c) where the applicant is a body corporate, whether:
(i) the applicant; or
(ii) a person who is in a position to control the operations of the
applicant;
has been convicted of a prescribed offence and, if so:
(iii) the full name of the person convicted;
(iv) the nature of the offence;
(v) the date on which the offence was committed; and
(vi) the penalty imposed in respect of the offence;
(d) where the applicant is a natural person, whether:
(i) the applicant; or
(ii) a body corporate the operations of which, at the relevant time,
the applicant was in a position to control;
has been convicted of a prescribed offence and, if so:
(iii) the full name of the person convicted;
(iv) the nature of the offence;
(v) the date on which the offence was committed; and
(vi) the penalty imposed in respect of the offence; and
(e) where the applicant wishes correspondence relating to the application or the licence to be sent to an address other than that specified pursuant to paragraph (b) - that other address.


(2) An application to the Corporation for the renewal of an export licence under subsection 58 (1) of the Act shall be in writing and shall state:
(a) the full name of the licensee;
(b) the business address of the licensee;
(c) whether the licensee has been charged with, or convicted of, a prescribed offence and, if so:
(i) the nature of the offence or alleged offence;
(ii) the date on which the offence, or alleged offence, was
committed or is alleged to have been committed; and
(iii) where the licensee has been convicted of a prescribed offence,
the penalty imposed in respect of the offence; and
(d) where the licensee wishes correspondence relating to the application or the licence to be sent to an address other than that specified pursuant to paragraph (b) - that other address.


(3) In this regulation:
"export licence" means a licence granted under section 56 of the Act;
"prescribed offence" has the same meaning as in Part V of the Act.

DAIRY PRODUCE REGULATIONS - REG 4B
Fees in respect of licence applications

4B. A person who lodges with the Corporation an application for an export licence under subsection 55 (1) of the Act or an application for the renewal of an export licence under subsection 58 (1) of the Act shall, at the time of lodging the application, pay to the Corporation a fee of $100 in respect of the application.

DAIRY PRODUCE REGULATIONS - PART III
PART III - RECORDS, RETURNS AND PAYMENT OF LEVIES

DAIRY PRODUCE REGULATIONS - REG 5
Records to be kept

5. (1) A person who has, in any month, purchased relevant dairy produce shall keep proper records showing, in respect of that month:
(a) the quantity of whole milk purchased by the person in the month;
(b) the quantities of each kind of whole milk products purchased by the person in the month;
(c) the quantity of milk fat contained in the whole milk purchased by the person in the month;
(d) the quantity of milk fat contained in each kind of whole milk products purchased by the person during the month;
(e) the total amount payable in levies on the milk fat content of the whole milk purchased by the person during the month; and
(f) the total amount payable in levies on the milk fat content of each kind of whole milk products purchased by the person during the month.


(2) The proprietor of a factory at which dairy products are produced shall keep proper records showing, in respect of each month:
(a) the quantity of each kind of dairy products produced at the factory in that month;
(b) the quantity of each kind of dairy products purchased by the proprietor in that month;
(c) the quantity of each kind of dairy products used by the proprietor in the production of dairy products in that month;
(d) the quantity of each kind of dairy products sold by the proprietor in that month for export;
(e) the quantity of each kind of dairy products sold by the proprietor in that month to the Corporation;
(f) the quantity of each kind of dairy products sold by the proprietor in that month otherwise than for export or to the Corporation;
(g) the quantity of each kind of dairy products, being products that had been exported from Australia, imported by the proprietor into Australia in that month;
(h) the quantity of each kind of dairy products disposed of by the proprietor in that month otherwise than by sale or use in the production of dairy products;
(j) the quantity of each kind of dairy products held in stock by the proprietor on the first day of that month;
(k) the quantity of each kind of dairy products held in stock by the proprietor at the end of that month; and
(l) with respect to each kind of dairy products referred to in paragraph (b), (c), (d), (e), (f), (g), (h), (j) or (k), the production period in which the dairy products of that kind were produced.

DAIRY PRODUCE REGULATIONS - REG 6
Returns of purchases of relevant dairy produce

6. (1) A person who has, in any month, purchased relevant dairy produce shall, on or before the twenty-eighth day of the next succeeding month, furnish to the Department a return containing such of the following particulars with respect to the relevant dairy produce so purchased as are applicable:
(a) the month in which the person purchased the relevant dairy produce;
(b) the quantity of milk fat contained in the whole milk purchased in that month;
(c) the quantity of milk fat contained in each kind of the whole milk products purchased in that month;
(d) the total amount payable in levies on the milk fat content of the whole milk purchased in that month;
(e) the total amount payable in levies on the milk fat content of each kind of the whole milk products purchased in that month;
(f) the total amount payable in levies in respect of the relevant dairy produce.


(2) A return referred to in subregulation (1) shall:
(a) state the full name and address of the person furnishing the return; and
(b) contain a declaration signed by the person furnishing the return or his or her authorised agent, stating that the information furnished in the return is true and correct in every particular.


(3) A return under subregulation (1) must be furnished to the office of the Department in Canberra.

DAIRY PRODUCE REGULATIONS - REG 7
Returns in relation to dairy products

7. (1) This regulation applies to:
(a) a person who is the proprietor of a factory at which dairy products are produced;
(b) a person who is the importer of dairy products referred to in section 5 or 8 of the second Levy Act; and
(c) the Corporation.


(2) Where, in any month, dairy products on which levy is imposed have been sold by or on behalf of a person to whom this regulation applies, or have been used by the person in the production of other products, whether dairy products or not, the person shall, on or before the fourteenth day after the last day of the month immediately following the month in which the dairy products were sold or so used, furnish to the Department a return containing such of the following particulars in respect of that last-mentioned month as are applicable:
(a) the quantity of each kind of dairy products sold in that month, other than dairy products that have been exported from Australia or sold to the Corporation;
(b) the quantity of each kind of dairy products used by the person in that month in the production of other products;
(c) in respect of each kind of dairy products referred to in paragraph (a) or (b), the total amount of levy payable in respect of the dairy products so sold or used.


(3) A return referred to in subregulation (2) shall:
(a) state the full name and address of the person furnishing the return; and
(b) contain a declaration, signed by the person furnishing the return or his or her authorised agent, stating that the information furnished in the return is true and correct in every particular.


(4) A return made pursuant to subregulation (1) shall be furnished to the Department by lodging it at the principal office of the Department in Canberra.

DAIRY PRODUCE REGULATIONS - REG 8
Authorised agent

8. (1) A person who is required to furnish a return under regulation 6 or 7 may, by instrument in writing signed by that person, appoint a person to be his or her authorised agent for the purpose of signing on his or her behalf the declaration contained in that return.


(2) An instrument referred to in subregulation (1) shall be in accordance with the form in Schedule 1.


(3) A person who, pursuant to subregulation (1), appoints a person to be his or her authorised agent for the purpose of signing on his or her behalf the declaration contained in a return shall lodge the instrument of appointment at the place at which the return is required by these Regulations to be lodged.

DAIRY PRODUCE REGULATIONS - REG 9
Execution of documents by a company

9. (1) Where these Regulations provide that a declaration or instrument of appointment shall be signed by a person and that person is a company, the declaration or instrument of appointment may be signed on behalf of the company by a director or a secretary of the company.


(2) In subregulation (1), a reference to a company shall be read as including a reference to a co-operative society incorporated under a law of a State or Territory.

DAIRY PRODUCE REGULATIONS - REG 10
Prescribed periods - paragraph 61 (2) (b) of the Act

10. For the purposes of paragraph 61 (2) (b) of the Act:
(a) the period of 89 days is prescribed in relation to the market support levy that is payable upon the milk fat content of relevant dairy produce that is sold by the producer of the produce in the month of July, August or September 1986;
(b) the period of 58 days is prescribed in relation to the market support levy that is payable upon the milk fat content of relevant dairy produce that is sold by the producer of the produce in the month of October 1986; and
(c) the period of 59 days is prescribed in relation to the market support levy that is payable upon the milk fat content of relevant dairy produce that is sold by the producer of the produce in the month of November 1986.

DAIRY PRODUCE REGULATIONS - PART IV
PART IV - FINANCE

DAIRY PRODUCE REGULATIONS - REG 11
Liability of Corporation to State taxes

11. For the purposes of subsection 83 (3) of the Act, subsection 83 (2) of the Act does not apply in relation to taxation under any of the following laws or under any of those laws as amended and in force from time to time:
(a) Pay-roll Tax Act, 1971 of the State of New South Wales;
(b) Pay-roll Tax Act 1971 of the State of Victoria;
(c) Pay-roll Tax Act 1971 of the State of Queensland;
(d) Pay-roll Tax Act, 1971 of the State of Western Australia;
(e) Pay-roll Tax Act, 1971 of the State of South Australia;
(f) Pay-roll Tax Act 1971 of the State of Tasmania;
(g) Pay-roll Tax Act of the Northern Territory.

DAIRY PRODUCE REGULATIONS - REG 12
Prescribed foreign countries - section 97 of the Act

12. Each of the following foreign countries is prescribed for the purposes of section 97 of the Act:
(a) Belgium;
(b) Canada;
(c) Denmark;
(d) France;
(e) Federal Republic of Germany;
(f) Great Britain;
(g) Greece;
(h) Ireland;
(j) Italy;
(k) Luxembourg;
(l) Netherlands;
(m) New Zealand;
(n) Portugal;
(o) Spain.

DAIRY PRODUCE REGULATIONS - PART V
PART V - MISCELLANEOUS

DAIRY PRODUCE REGULATIONS - REG 16
Prescribed milk fat content

16. (1) For the purposes of paragraph 111A (3) (a) of the Act, the milk fat content prescribed in relation to dairy produce of a kind referred to in column 2 of an item in Schedule 2 is the amount, expressed as a percentage of the total content of that kind of dairy produce, specified in column 3 of that item.


(2) For the purposes of paragraph 111A (3) (b) of the Act, the milk fat content prescribed in relation to a class of dairy produce referred to in column 2 of an item in Schedule 3 is the amount, expressed as a percentage of the total content of that class of dairy produce, specified in column 3 of that item.

DAIRY PRODUCE REGULATIONS - REG 17
Prescribed protein content

17. (1) For the purposes of paragraph 111A (4) (a) of the Act, the protein content prescribed in relation to dairy produce of a kind referred to in column 2 of an item in Schedule 2 is the amount, expressed as a percentage of the total content of that kind of dairy produce, specified in column 4 of that item.


(2) For the purposes of paragraph 111A (4) (b) of the Act, the protein content prescribed in relation to a class of dairy produce referred to in column 2 of an item in Schedule 3 is the amount, expressed as a percentage of the total content of that class of dairy produce, specified in column 4 of that item.

DAIRY PRODUCE REGULATIONS - SCHEDULE 1

SCH

SCHEDULE 1 Regulation 8
FORM
COMMONWEALTH OF AUSTRALIA
DAIRY PRODUCE REGULATIONS
APPOINTMENT OF AUTHORISED AGENT
To the Secretary, Department of Primary Industry, Canberra
I, (full name and address) hereby appoint -
(full name and address) a specimen of whose signature appears below, to
be my authorised agent for the purpose of signing on my behalf the
declaration contained in any return that I am required to furnish to you
under regulation 6 or 7 of the Dairy Produce Regulations.
Dated 19 .
(Signature of person appointing authorised agent)
Authorised agent

DAIRY PRODUCE REGULATIONS - SCHEDULE 2

SCH

SCHEDULE 2 Subregulation 16 (1),
Subregulation 17 (1)
MILK FAT AND PROTEIN CONTENT - KIND OF DAIRY PRODUCE
Column 1 Column 2 Column 3 Column 4
Item No. Kind of Dairy Produce Milk Fat Protein
(%) (%)
BUTTER AND BUTTERFAT PRODUCTS
1 Anhydrous milk fat 99.0 0.1
2 Butteroil 99.5 0.3
3 Ghee 99.8 0.1
CASEINS
4 Casein 1.5 85.0
5 Casein - edible/industrial 0.5 84.0
CHEESES
6 Bakers 8.5 9.5
7 Blue vein 32.5 19.5
8 Brie 28.0 18.0
9 Camembert 25.5 17.5
10 Cheddar 33.0 24.5
11 Cheddar - kosher 33.0 24.5
12 Cheddar - reduced fat 23.8 27.9
13 Cheddar - reduced fat and salt 24.5 28.0
14 Cheddar - reduced salt 34.0 24.0
15 Cheedham 26.5 24.5
16 Cheese spread 21.5 16.0
17 Cheshire 31.5 23.0
18 Colby 31.5 23.0
19 Cottage 8.5 15.0
20 Cottage - creamed 4.5 16.0
21 Cottage - creamed low fat 2.5 12.5
22 Cottage - low fat 2.2 17.7
23 Cotto 10.5 26.5
24 Cream cheese 33.0 7.5
25 Curd 32.0 24.5
26 Devondale seven 7.0 26.0
27 Edam 27.0 26.4
28 Edam - reduced fat 18.5 32.0
29 Emmenthal 29.0 26.5
30 Fetta 19.0 18.5
31 Fetta - low salt 25.0 17.5
32 Fetta - reduced fat 13.5 20.5
33 Goshred 26.0 26.5
34 Gouda 28.5 25.5
35 Goya 30.5 34.5
36 Granular 32.0 24.5
37 Gruyere 29.0 27.5
38 Haloumy 16.0 20.5
39 Havarti 35.5 18.5
40 Jack 16.0 18.5
41 Melbouno 30.5 34.5
42 Mozzarella 22.0 26.0
43 Mozzarella - reduced fat 17.0 31.0
44 Mungabareena 31.0 17.5
45 Neufchatel 27.8 8.5
46 Parmesan 26.0 34.5
47 Pecorino 27.0 28.0
48 Pecorino - reduced fat 23.5 23.5
49 Peparto 30.5 25.0
50 Pizza 15.0 28.0
51 Processed 26.5 20.5
52 Raclette 29.0 24.0
53 Ricotta 9.5 8.5
54 Ricotta - reduced fat 7.5 10.5
55 Romano 26.0 32.0
56 Samsoe 32.0 22.5
57 Shred 26.0 26.5
58 Steppen 24.0 24.5
59 Swiss 29.0 27.5
60 Swiss - reduced fat 21.0 34.0
61 Tilsit 28.5 25.5
CONDENSED MILK
62 Sweetened condensed milk - full 8.5 7.5
63 Unsweetened condensed milk - full 8.0 7.5
64 Unsweetened condensed milk - skim 3.0 9.0
CREAM
65 Reduced cream 25.0 2.6
66 Rich/pure cream 45.0 1.5
67 Thickened cream 35.0 2.0
68 Whipping cream 40.0 1.7
CUSTARD
69 Custard 2.0 4.0
70 Custard - low fat 1.0 4.0
MILK PRODUCTS
71 Modified milk - low fat 0.3 3.9
72 Modified milk - reduced fat 1.4 3.9
73 Skim milk 0.1 3.4
74 Whole milk - flavoured 2.0 3.2
75 Whole milk - flavoured chocolate 3.2 3.0
76 Whole milk - flavoured reduced
fat chocolate 1.7 3.3
77 Whole milk - UHT 3.2 3.0
MILK PROTEIN POWDERS
78 Buttermilk powder 9.0 31.0
79 Milk protein concentrate 50 1.2 50.0
80 Milk protein concentrate 56 1.2 56.0
WHEY PRODUCTS
81 Whey powder (sweet cheddar) 1.2 12.0
82 Whey protein concentrate 50 1.2 50.0
83 Whey protein concentrate 75 1.2 75.0
84 Whey protein concentrate 80 1.2 80.0
YOGHURTS
85 Fruit yoghurt - low fat 0.2 5.0
86 Fruit yoghurt - reduced fat 1.0 4.5
87 Natural yoghurt 3.2 4.5
88 Natural yoghurt - A/B culture 0.2 5.5
89 Natural yoghurt - Leben 3.5 4.4
90 Natural yoghurt - low fat 0.2 5.5
91 Natural yoghurt - reduced fat 1.3 4.3

DAIRY PRODUCE REGULATIONS - SCHEDULE 3

SCH

SCHEDULE 3 Subregulation 16 (2),
Subregulation 17 (2)
MILK FAT AND PROTEIN CONTENT - CLASS OF DAIRY PRODUCE
Column 1 Column 2 Column 3 Column 4
Item No. Class of Dairy Produce Milk Fat Protein
(%) (%)
1 Butter 82.0 0.5
2 Buttermilk 2.0 4.0
3 Raw milk 4.5 3.5
4 Skim milk powder - instant 0.8 35.5
5 Skim milk powder - non-instant 0.8 35.5
6 Whole milk - fresh 3.2 3.0
7 Whole milk powder - instant 26% 26.0 26.5
8 Whole milk powder - non-instant 26.0 26.5