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Dairy Produce Regulations 1986

Authoritative Version
  • - F2004C00261
  • In force - Superseded Version
  • View Series
SR 1986 No 166 Regulations as amended, taking into account amendments up to SR 2004 No. 253
Administered by: Agriculture, Fisheries and Forestry
Start Date 26 Aug 2004
End Date 08 Jun 2005

DAIRY PRODUCE REGULATIONS 1986



Compilation Information

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Dairy Produce Regulations 1986

Statutory Rules 1986 No. 166 as amended
made under the
Dairy Produce Act 1986
This compilation was prepared on 26 August 2004
taking into account amendments up to SR 2004 No. 253
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

DAIRY PRODUCE REGULATIONS 1986
Part I Preliminary

DAIRY PRODUCE REGULATIONS 1986
- REG 1
Name of Regulations [see Note 1]

These Regulations are the Dairy Produce Regulations 1986.

DAIRY PRODUCE REGULATIONS 1986
- REG 2
Interpretation

(1) In these Regulations:

Act means the Dairy Produce Act 1986.

AQIS means the Australian Quarantine and Inspection Service.

casein includes all caseinates and co-precipitates.

Department means the Department of Agriculture, Fisheries and Forestry.

month means one of the 12 months of the year.

Secretary means the Secretary of the Department.

(2) In these Regulations:

(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 1986
- REG 2A
Gross value of production

(1) For subsection 6 (5) of the Act, the Minister must determine the amount of the gross value of production of milk, for a financial year (the relevant financial year), by using:
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where:

A is the estimated value of milk to be produced in the relevant financial year.

B is the value of milk produced in the financial year immediately before the relevant financial year (the previous financial year).

C is the value of milk produced in the financial year immediately before the previous financial year.

(2) In subregulation (1), a reference to the value of milk produced, or to the estimated value of milk to be produced, in a financial year is a reference to the production figure supplied by the Australian Bureau of Agricultural and Resource Economics that shows:

(a)
the gross value of milk produced by the dairy industry in that financial year; or

(b)
the estimated gross value of milk to be produced by the dairy industry for that financial year.


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DAIRY PRODUCE REGULATIONS 1986
Part 2 Export control

DAIRY PRODUCE REGULATIONS 1986
Division 2.1 General

DAIRY PRODUCE REGULATIONS 1986
- REG 2.01 Interpretation

(1)
In this Part:

consignment means a single shipment of regulated dairy produce that is exported by sea or air to a single consignee.

shipped weight, in relation to regulated dairy produce, means the weight, in kilograms, of the produce after it is loaded for shipment.

(2)
In this Part, a significant change takes place in relation to an exporter if:

(a)
the exporter changes any of the following:

(i)
its name, or the registered business name under which it carries on business;
(ii)
its business address or other contact details;
(iii)
the kind of business it undertakes; or
(b)
for an exporter that is a corporation — the exporter becomes an externally administered body corporate (within the meaning of the Corporations Act 2001); or

(c)
for an exporter that is a sole trader — the exporter becomes bankrupt.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.02 Object of Part 2

The object of this Part is to establish a system of export control that:

(a)
facilitates the orderly export of regulated dairy produce to regulated dairy markets in respect of that produce; and

(b)
enables the Commonwealth to administer Australia's entitlements to export dairy produce at reduced, or special, tariff rates to particular dairy markets.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.03 Declaration of regulated dairy produce

For paragraph 52 (a) of the Act, each of the following dairy produce is declared to be regulated dairy produce on or after 1 January 2004:

(a)
dairy produce described in Part 2 of Schedule 1A to which a reduced tariff rate will apply on entry into the European Union;

(b)
dairy produce described in Parts 3 and 4 of Schedule 1A.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.04 Declaration of regulated dairy markets

For paragraph 52 (b) of the Act:

(a)
the European Union is declared to be, on or after 1 January 2004, a regulated dairy market in respect of regulated dairy produce mentioned paragraph 2.03 (a); and

(b)
the United States of America is declared to be, on or after 1 January 2004, a regulated dairy market in respect of regulated dairy produce mentioned in paragraph 2.03 (b).


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DAIRY PRODUCE REGULATIONS 1986
Division 2.2 Export of regulated dairy produce to the European regulated dairy market

DAIRY PRODUCE REGULATIONS 1986
- REG 2.05 Application of Division 2.2

This Division applies to a consignment that is to be exported to the European Union for the entitlement year 2004 or any entitlement year after that.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.06 Definitions for Division 2.2

In this Division:

entitlement account, in relation to an exporter's entitlement, means the account in which the Department records:
(a)
the amount of entitlement to export regulated dairy produce that is held by the exporter, under regulation

2.12, subregulation 2.16 (3) or regulation 2.17, for an entitlement year; and

(b)
the shipped weight of the produce that is exported by the exporter for the entitlement year.

entitlement year, in relation to entitlement to export regulated dairy produce, means the calendar year for which the entitlement is allocated.

European regulated dairy market means the regulated dairy market declared under paragraph 2.04 (a).

Guidelines for exports to the EU means the Guidelines for the Control of Regulated Dairy Produce Exported to the European Union published by the Department, as in force at the commencement of this Part.

Note   The Guidelines for exports to the EU are available at www.affa.gov.au/quota.

holder of entitlement means an exporter that holds entitlement to export under regulation 2.12, subregulation 2.16 (3) or regulation 2.17.

IMA 1 certificate means the inward monitoring arrangements certificate required by the European Commission for dairy produce imported into the European regulated dairy market at a reduced tariff rate.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.07 Application for approval to export

(1)
Before a consignment of regulated dairy produce is exported to the European regulated dairy market, the exporter of the produce must obtain an approval to export the consignment.

(2)
An application for approval must be in a form approved by the Secretary and include the following information:

(a)
the name of the exporter making the application;

(b)
the exporter's business address;

(c)
in relation to the regulated dairy produce to be exported in the consignment:

(i)
its type; and
(ii)
what its shipped weight is or will be; and
(iii)
the name and address of the manufacturer of the produce;
(d)
the name of the importer;

(e)
the name of the ship or air freight carrier and the voyage or flight number;

(f)
the port of loading and the date of loading;

(g)
the name of the final destination country;

(h)
the intended port of discharge.

(3)
An application for approval to export a consignment is taken to have been made by an exporter if the Department is notified by AQIS that the exporter has given notice of intention to export the consignment under Part 8 of the Prescribed Goods (General) Orders 1985.


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DAIRY PRODUCE REGULATIONS 1986
- REG 2.08 Grant of approval to export

(1) The Secretary must grant an approval to export a consignment of regulated dairy produce if:

(a)
an application is made, or is taken to have been made, by the exporter under regulation 2.07; and

(b)
the exporter is a holder of entitlement to export the produce; and

(c)
the exporter will not exceed its entitlement as a result of the export of the consignment; and

(d)
the Secretary has no reason to believe that the total shipped weight of regulated dairy produce that, under the law of the European Union, may be imported into the European regulated dairy market from Australia will be exceeded as a result of the export.

(2)
If an approval to export is granted to an exporter, the Secretary must give the exporter a written notice of approval that sets out:

(a)
the shipped weight of regulated dairy produce that may be exported in the consignment; and

(b)
the day the approval takes effect; and

(c)
the conditions of the approval.

Note   Under subsection 53 (1) of the Act a person is guilty of an offence if the person exports regulated dairy produce to a regulated dairy market and the person does not hold an approval in relation to the export.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.09 Conditions of approval to export

An approval to export that is granted to an exporter for a consignment of regulated dairy produce is subject to the following conditions:

(a)
the exporter must continue to be the holder of the entitlement on the basis of which the approval is granted;

(b)
the exporter must not exceed its entitlement as a result of the export of the consignment;

(c)
the exporter must obtain an IMA 1 certificate for the consignment before the consignment is accepted for entry into the European regulated dairy market;

(d)
the exporter must notify the Department in writing if it becomes likely that the consignment will not be accepted for entry into the European regulated dairy market;

(e)
if the shipped weight of produce in the consignment (the actual shipped weight) is less than the shipped weight stated in the notice of approval under subregulation 2.08 (2) (the approved shipped weight), the exporter will be taken to have exported the approved shipped weight unless the exporter tells the Department in writing, within 28 days after the produce is loaded for shipment, the actual shipped weight;

(f)
any other condition that the Secretary considers appropriate.

Note 1   See the Guidelines for exports to the EU for how to obtain an IMA 1 certificate.
Note 2   Under subsection 53 (2) of the Act a person who holds an approval in relation to an export of regulated dairy produce to a regulated dairy market is guilty of an offence if the export is not in accordance with the conditions of the approval.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.10 Period of approval to export

(1)
An approval to export a consignment takes effect on the date specified for that purpose in the notice of approval given under subregulation 2.08 (2).

(2) An approval to export a consignment ceases to have effect:

(a)
if an IMA 1 certificate is not obtained for the consignment within 28 days after the day the approval takes effect — at the end of the 28th day after the day the approval takes effect; or

(b)
if paragraph (a) does not apply — on the earlier of:


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(i)
3 months after the day the approval takes effect; and
(ii)
the end of 31 December in the entitlement year for which the consignment is exported.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.11 Application for entitlement to export

(1)
An application for entitlement to export regulated dairy produce to the European regulated dairy market for an entitlement year must be made to the Secretary, in writing:

(a)
for the entitlement year 2004 — before 14 November 2003; and

(b)
for any entitlement year after 2004 — before 1 November in the year before the entitlement year.

(2)
An exporter is taken to have applied for entitlement to export regulated dairy produce for an entitlement year if the exporter:

(a)
has, at any time during the 2 years immediately preceding the entitlement year, exported to the European Union dairy produce described in Part 2 of Schedule 1A to which a reduced tariff rate applied on entry into the European Union; and

(b)
for the entitlement year 2004 — has not given to the Department, before 14 November 2003, written notice that the exporter does not wish to be allocated entitlement for the entitlement year; and

(c)
for any entitlement year after 2004 — has not given to the Department, before 1 November in the year before the entitlement year, written notice that the exporter does not wish to be allocated entitlement for the entitlement year.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.12 Allocation of entitlement to export

(1)
Entitlement to export regulated dairy produce to the European regulated dairy market for an entitlement year may be allocated by the Secretary, before the entitlement year, to an exporter that:

(a)
applies, or is taken to have applied, under regulation 2.11 for entitlement to export the produce for the entitlement year; and

(b)
meets the criteria specified in the Guidelines for exports to the EU.

(2)
In deciding what amount of entitlement to allocate to an exporter under subregulation (1), the Secretary must take into consideration the Guidelines for exports to the EU.

Note    The total amount of entitlement that the Secretary may allocate for an entitlement year is equal to the total shipped weight of regulated dairy produce that, under the law of the European Union, may be imported into the European regulated dairy market from Australia for the entitlement year.

(3)
The Secretary must not allocate, to an exporter, entitlement to export regulated dairy produce for an entitlement year if:

(a)
the exporter was allocated entitlement to export the produce in the 2 years before the entitlement year; and

(b)
the exporter:

(i)
did not export any of the produce to the European regulated dairy market in those 2 years; or
(ii)
transferred, whether or not to a holder of entitlement, all of the entitlement temporarily in those 2 years.

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(4)
Subregulation (3) does not apply if the exporter (the transferor):

(a)
transferred the entitlement temporarily to another exporter (the transferee) for the purpose of enabling the transferee to export regulated dairy produce on behalf of the transferor; and

(b)
notified the Department, in accordance with paragraph 2.17 (1) (e), of the purpose of the transfer.

(5) If, in accordance with subregulation (3), an amount of entitlement for an entitlement year is not allocated to an exporter, the Secretary may:

(a)
if, in the 2 years before the entitlement year, the entitlement was transferred to the same exporter — allocate the amount of entitlement to that exporter; or

(b)
if paragraph (a) does not apply — invite exporters to apply for the amount of entitlement.

(6)
This regulation does not require the Secretary to allocate entitlement to a particular exporter, or to any exporters, if the Secretary considers that it would not be in the best interests of the dairy industry to make the allocation.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.13 Entitlement account and notice of entitlement

(1)
If entitlement to export is allocated to an exporter under regulation 2.12, the Secretary:

(a)
must create an entitlement account for the exporter's entitlement; and

(b)
must give to the exporter written notice of the allocation.

(2)
Notice under paragraph (1) (b) must include:

(a)
details of the regulated dairy produce to which the entitlement relates; and

(b)
details of the amount of entitlement allocated; and

(c)
details of the application fee that the exporter must pay under regulation 2.14; and

(d)
the conditions of the entitlement; and

(e)
a statement to the effect that, if the exporter is dissatisfied with the amount of entitlement allocated, the exporter may apply to the Administrative Appeals Tribunal for review of that decision.

(3)
If entitlement to export is not allocated to an exporter that meets the requirements in paragraphs 2.12 (1) (a) and (b), the Secretary, within 7 days after making the decision:

(a)
must give to the exporter a written notice that sets out the reasons for the decision; and

(b)
must include in the written notice a statement to the effect that, if the exporter is dissatisfied with the Secretary's decision, the exporter may apply to the Administrative Appeals Tribunal for review of the decision.

Note   See regulation 2.32 concerning review of decisions.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.14 Application fee — entitlement to export


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(1)
If an exporter is allocated, under regulation 2.12, entitlement to export, the exporter must pay an application fee in respect of the exporter's application for the entitlement.

(2)
The application fee payable by an exporter for each kilogram of regulated dairy produce allocated, under regulation 2.12, to the exporter for the entitlement year to which the application relates is:

(a)
for 2004 — 0.3 of a cent; and

(b)
for a year after 2004 — 0.7 of a cent.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.15 Conditions of entitlement to export

Entitlement to export that is allocated, under regulation 2.12, to an exporter for an entitlement year is subject to the following conditions:

(a)
the amount of regulated dairy produce exported by the exporter for the entitlement year must not exceed the amount of entitlement allocated to the exporter for that produce;

(b)
the exporter must, within 14 days after a significant change occurs, tell the Department in writing of the change;

(c)
any other condition the Secretary considers appropriate.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.16 Period of entitlement

(1)
Entitlement to export that is allocated, under regulation 2.12, to an exporter for an entitlement year:

(a)
commences on the later of:

(i)
1 January in the entitlement year; and
(ii)
the day the exporter pays the application fee under regulation 2.14; and

(b) continues to have effect until the earlier of:

(i)
the day the amount of regulated dairy produce exported by the exporter is equal to the amount of entitlement allocated to the exporter for that produce; and
(ii)
if the entitlement is withdrawn from the exporter under subregulation (2) — the day the entitlement is withdrawn.

(2) Any unused amount of an exporter's entitlement may be withdrawn by the Secretary if, on or before 23 August in an entitlement year, the exporter:

(a)
is not granted, under regulation 2.08, approval to export the unused amount of entitlement; or

(b)
does not tell the Department, in writing, how the exporter intends to deal with the unused amount of entitlement.

Note   Before 20 August in each entitlement year, the Department will send a notice about the requirement in paragraph 2.16 (2) (b) to each exporter that is a holder of entitlement under regulation 2.12 or 2.17 for the entitlement year.

(3)
If an unused amount of entitlement is withdrawn from an exporter under subregulation (2), the Secretary may allocate the amount to another exporter in accordance with the Guidelines for exports to the EU.


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DAIRY PRODUCE REGULATIONS 1986
- REG 2.17 Transfer of entitlement to export

(1)
An exporter (the transferor) that is a holder of entitlement may transfer all or part of the entitlement to another exporter (the transferee) if the transferor gives the Department written notice of the following information:

(a)
the name of the transferor and the transferee;

(b)
the entitlement account from which the entitlement is being transferred;

(c)
if the transferee is a holder of entitlement to export the produce — the entitlement account to which the entitlement is being transferred;

(d)
the amount of entitlement being transferred;

(e)
whether the purpose of the transfer is to enable the transferee to export regulated dairy produce on behalf of the transferor;

(f)
whether the transfer will be temporary or permanent.

(2)
A transfer of entitlement does not take effect until the day

the Department receives notice of the transfer under subregulation (1).

(3) If the Department receives notice under subregulation (1), the Secretary must:

(a)
if the transferee is not a holder of entitlement to export

the produce — create an entitlement account for the transferee's entitlement; and

(b)
record the transfer in the entitlement account of the transferor and the transferee.

(4)
Entitlement that is transferred under this regulation is subject to the same conditions that applied to the entitlement before it was transferred.

(5)
Paragraph 2.16 (1) (b) applies to entitlement that is transferred under this regulation as if the entitlement transferred were entitlement allocated under regulation 2.12.

DAIRY PRODUCE REGULATIONS 1986
Division 2.3 Export of regulated dairy produce to the US, other than under the FTA

DAIRY PRODUCE REGULATIONS 1986
- REG 2.18 Application of Division 2.3

This Division applies in relation to consignments of eligible produce that are to be exported to the United States of America for the year 2004 or any year after that, other than produce that is mentioned in Part 4 of Schedule 1A.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.19 Definitions for Division 2.3

In this Division:

eligible produce means regulated dairy produce:
(a) exported to an importer that is, under the law of the United States of America, licensed to receive a special rate of duty for dairy produce imported within the aggregate quantity of dairy produce that may be imported into the United States of America from Australia in a calendar year; and

(b) to which the special rate of duty is applied.

Note   The aggregate quantity of dairy produce that

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may be imported into the United States of America from Australia at a special rate of duty is contained in additional U.S. notes 16, 18, 19 and 25. For the definition of additional U.S. note, see Part 1 of Schedule 1A.

entitlement account, in relation to an exporter's entitlement, means the account in which the Department records:
(a)
the amount of entitlement to export regulated dairy produce as eligible produce that is held by the exporter, under regulation 2.25, subregulation 2.29 (3) or regulation 2.30, for an entitlement year; and

(b)
the shipped weight of the produce that is exported by the exporter as eligible produce for the entitlement year.

entitlement year, in relation to an entitlement to export regulated dairy produce as eligible produce, means the calendar year for which the entitlement is allocated.

Guidelines for exports to the USA means the Guidelines for the Control of Regulated Dairy Produce Exported to the United States of America published by the Department, as in force at the commencement of this Part.

Note   The Guidelines for exports to the USA are available at www.affa.gov.au/quota.

holder of entitlement means an exporter that holds entitlement to export under regulation 2.25, subregulation 2.29 (3) or regulation 2.30.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.20 Application for approval to export

(1)
Before a consignment of regulated dairy produce is exported to the United States of America, the exporter of the produce must obtain an approval to export the consignment.

(2)
An application for approval must be in a form approved by the Secretary and include the following information:

(a)
the name of the exporter making the application;

(b)
the exporter's business address;

(c)
in relation to the regulated dairy produce to be exported in the consignment:

(i)
its type; and
(ii)
what its shipped weight is or will be; and
(iii)
the name and address of the manufacturer of the produce;
(d)
the name of the importer;

(e)
the name of the ship or air freight carrier and the voyage or flight number;

(f)
the port of loading and the date of loading;

(g)
the intended port of discharge.

(3)
An application for approval to export a consignment is taken to have been made by an exporter if the Department is notified by AQIS that the exporter has given notice of intention to export the consignment under Part 8 of the Prescribed Goods (General) Orders 1985.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.21 Grant of approval to export

(1) The Secretary must grant an approval to export a consignment of regulated dairy produce if an application is made, or is taken to have been made, by an exporter under regulation 2.20 and:

(a)
for an approval to export a consignment of regulated dairy produce as eligible produce:


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(i)
the exporter will not exceed its entitlement to export the produce as a result of the export; and
(ii)
the Secretary has no reason to believe that the total shipped weight of eligible produce that, under the law of the United States of America, may be imported into the United States of America from Australia will be exceeded as a result of the export; or
(b)
if paragraph (a) does not apply — the exporter gives the Department a declaration, in a form approved by the Secretary, that the produce will not enter the United States of America as eligible produce.

(2)
If an approval to export is granted to an exporter, the Secretary must give the exporter a written notice of approval that sets out:

(a)
the shipped weight of regulated dairy produce that may be exported in the consignment; and

(b)
the day the approval takes effect; and

(c)
the conditions of the approval.

Note   Under subsection 53 (1) of the Act a person is guilty of an offence if the person exports regulated dairy produce to a regulated dairy market and the person does not hold an approval in relation to the export.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.22 Conditions of approval to export

(1)
An approval to export a consignment of regulated dairy produce, that is granted to an exporter under paragraph 2.21 (1) (a), is subject to the following conditions:

(a)
the exporter must continue to be the holder of the entitlement on the basis of which the approval is granted;

(b)
the exporter must not exceed its entitlement as a result of the export of the consignment;

(c)
the exporter must notify the Department in writing if it becomes likely that the consignment will not be accepted for entry into the United States of America;

(d)
if the shipped weight of produce in the consignment (the actual shipped weight) is less than the shipped weight stated in the notice of approval under subregulation 2.21 (2) (the approved shipped weight), the exporter will be taken to have exported the approved shipped weight unless the exporter tells the Department in writing, within 28 days after the produce is loaded for shipment, the actual shipped weight;

(e)
any other condition that the Secretary considers appropriate.

(2)
An approval to export a consignment of regulated dairy produce, that is granted to an exporter under paragraph 2.21 (1) (b), is subject to the following conditions:

(a)
if the shipped weight of produce in the consignment (the actual shipped weight) is not equal to the shipped weight stated in the notice of approval under subregulation 2.21 (2) (the approved shipped weight), the exporter must tell the Department in writing, within 28 days after the produce is loaded for shipment, of the actual shipped weight;

(b)
any other condition that the Secretary considers appropriate.

Note   Under subsection 53 (2) of the Act a person who holds an approval in relation to an export of regulated dairy produce to a regulated dairy market is guilty of an offence if the export is not in accordance with the conditions of the approval.  

DAIRY PRODUCE REGULATIONS 1986
- REG 2.23 Period of approval to export
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An approval to export a consignment:

(a)
takes effect on the date specified for that purpose in the notice of approval given under subregulation 2.21 (2); and

(b)
ceases to have effect on the earlier of:

(i)
3 months after the day the approval takes effect; and
(ii)
the end of 31 December in the year for which the consignment is exported.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.24 Application for entitlement to export eligible produce

(1)
An application for entitlement to export regulated dairy produce as eligible produce to the United States of America for an entitlement year must be made to the Secretary, in writing:

(a)
for the entitlement year 2004 — before 14 November 2003; and

(b)
for any entitlement year after 2004 — before 1 November in the year before the entitlement year.

(2) An exporter is taken to have applied for entitlement to export regulated dairy produce as eligible produce for an entitlement year if the exporter:

(a)
has, at any time during the 2 years immediately preceding the entitlement year, exported to the United States of America as eligible produce dairy produce described in Part 3 of Schedule 1A; and

(b)
for the entitlement year 2004 — has not given to the Department, before 14 November 2003, written notice that the exporter does not wish to be allocated entitlement for the entitlement year; and

(c)
for any entitlement year after 2004 — has not given to the Department, before 1 November in the year before the entitlement year, written notice that the exporter does not wish to be allocated entitlement for the entitlement year.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.25 Allocation of entitlement to export eligible produce

(1) Entitlement to export regulated dairy produce as eligible produce to the United States of America for an entitlement year may be allocated by the Secretary, before the entitlement year, to an exporter that:

(a)
applies, or is taken to have applied, under regulation 2.24 for entitlement to export the produce as eligible produce for the entitlement year; and

(b)
meets the criteria specified in the Guidelines for exports to the USA.

(2)
In deciding what amount of entitlement to allocate to an exporter under subregulation (1), the Secretary must take into consideration the Guidelines for exports to the USA.

Note   The total amount of entitlement that the Secretary may allocate for an entitlement year is equal to the total shipped weight of regulated dairy produce that, under the law of the United States of America, may be imported into the United States of America from Australia at a special rate of duty for the entitlement year.

(3)
The Secretary must not allocate, to an exporter, entitlement to export regulated dairy produce as eligible produce for an entitlement year if:

(a)
the exporter was allocated entitlement to export the produce as eligible produce in the 2 years before the entitlement year; and

(b)
the exporter:


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(i)
did not export any of the produce to the United States of America as eligible produce in those 2 years; or
(ii)
transferred, whether or not to a holder of entitlement, all of the entitlement temporarily in those 2 years.
(4)
Subregulation (3) does not apply if the exporter (the transferor):

(a)
transferred the entitlement temporarily to another exporter (the transferee) for the purpose of enabling the transferee to export regulated dairy produce as eligible produce on behalf of the transferor; and

(b)
notified the Department, in accordance with paragraph 2.30 (1) (e), of the purpose of the transfer.

(5) If, in accordance with subregulation (3), an amount of entitlement for an entitlement year is not allocated to an exporter, the Secretary may:

(a)
if, in the 2 years before the entitlement year, the entitlement was transferred to the same exporter — allocate the amount of entitlement to that exporter; or

(b)
if paragraph (a) does not apply — invite exporters to apply for the amount of entitlement.

(6)
This regulation does not require the Secretary to allocate entitlement to a particular exporter, or to any exporters, if the Secretary considers that it would not be in the best interests of the dairy industry to make the allocation.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.26 Entitlement account and notice of entitlement

(1)
If entitlement to export is allocated to an exporter under regulation 2.25, the Secretary:

(a)
must create an entitlement account for the exporter's entitlement; and

(b)
must give to the exporter written notice of the allocation.

(2) Notice under paragraph (1) (b) must include:

(a)
details of the regulated dairy produce to which the entitlement relates; and

(b)
details of the amount of entitlement allocated; and

(c)
details of the application fee that the exporter must pay under regulation 2.27; and

(d)
the conditions of the entitlement; and

(e)
a statement to the effect that, if the exporter is dissatisfied with the amount of entitlement allocated, the exporter may apply to the Administrative Appeals Tribunal for review of that decision.

(3) If entitlement to export is not allocated to an exporter that meets the requirements in paragraphs 2.25 (1) (a) and (b), the Secretary, within 7 days after making the decision:

(a)
must give to the exporter a written notice that sets out the reasons for the decision; and

(b)
must include in the written notice a statement to the effect that, if the exporter is dissatisfied with the Secretary's decision, the exporter may apply to the Administrative Appeals Tribunal for review of the decision.

Note   See regulation 2.32 concerning review of decisions.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.27 Application fee — entitlement to export
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(1)
If an exporter is allocated, under regulation 2.25, entitlement to export, the exporter must pay an application fee in respect of the exporter's application for the entitlement.

(2)
The application fee payable by an exporter is for each kilogram of regulated dairy produce allocated, under regulation 2.25, to the exporter for the entitlement year to which the application relates is:

(a)
for 2004 — 0.3 of a cent; and

(b)
for a year after 2004 — 0.7 of a cent.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.28 Conditions of entitlement to export

Entitlement to export that is allocated, under regulation 2.25, to an exporter for an entitlement year is subject to the following conditions:

(a)
the amount of regulated dairy produce exported by the exporter as eligible produce for the entitlement year must not exceed the amount of entitlement allocated to the exporter for that produce;

(b) the exporter must, within 14 days after a significant change occurs, tell the Department in writing of the change;

(c)
any other condition the Secretary considers appropriate.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.29 Period of entitlement

(1) Entitlement to export that is allocated, under regulation 2.25, to an exporter for an entitlement year:
(a) commences on the later of:

(i)
1 January in the entitlement year; and
(ii)
the day the exporter pays the application fee under regulation 2.27; and
(b)
continues to have effect until the earlier of:

(i)
the day the amount of regulated dairy produce exported by the exporter as eligible produce is equal to the amount of entitlement allocated to the exporter for that produce; and
(ii)
if the entitlement is withdrawn from the exporter under subregulation (2) — the day the entitlement is withdrawn.
(2)
Any unused amount of an exporter's entitlement may be withdrawn by the Secretary if, on or before 23 August in an entitlement year, the exporter:

(a)
is not granted, under regulation 2.21, approval to export the unused amount of entitlement; or

(b)
does not tell the Department, in writing, how the exporter intends to deal with the unused amount of entitlement.

Note   Before 20 August in each entitlement year, the Department will send a notice about the requirement in paragraph 2.29 (2) (b) to each exporter that is a holder of entitlement under regulation 2.25 or 2.30 for the entitlement year.

(3)
If an unused amount of entitlement is withdrawn from an exporter under subregulation (2), the Secretary may allocate the amount to another exporter in accordance with the Guidelines for exports to the USA.


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DAIRY PRODUCE REGULATIONS 1986
- REG 2.30 Transfer of entitlement to export eligible produce

(1)
An exporter (the transferor) that is a holder of entitlement may transfer all or part of the entitlement to another exporter (the transferee) if the transferor gives the Department written notice of the following information:

(a)
the name of the transferor and the transferee;

(b)
the entitlement account from which the entitlement is being transferred;

(c)
if the transferee is a holder of entitlement to export the produce — the entitlement account to which the entitlement is being transferred;

(d)
the amount of entitlement being transferred;

(e)
whether the purpose of the transfer is to enable the transferee to export regulated dairy produce as eligible produce on behalf of the transferor;

(f)
whether the transfer will be temporary or permanent.

(2)
A transfer of entitlement does not take effect until the day

the Department receives notice of the transfer under subregulation (1).

(3)
If the Department receives notice under subregulation (1), the Secretary must:

(a)
if the transferee is not a holder of entitlement to export the produce — create an entitlement account for the transferee's entitlement; and

(b)
record the transfer in the entitlement account of the transferor and the transferee.

(4)
Entitlement that is transferred under this regulation is subject to the same conditions that applied to the entitlement before it was transferred.

(5)
Paragraph 2.29 (1) (b) applies to entitlement that is transferred under this regulation as if the entitlement transferred were entitlement allocated under regulation 2.25.

DAIRY PRODUCE REGULATIONS 1986
Division 2.3A Export of regulated dairy produce to the US under the FTA

DAIRY PRODUCE REGULATIONS 1986
Subdivision 2.3A.1 General

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30A Application of Division 2.3A

This Division applies in relation to consignments of dairy produce, mentioned in Part 4 of Schedule 1A, that are to be imported into the US without tariff.

Note   For this Part, products are imported into the US under the terms of the free trade agreement.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30B Definitions for Division 2.3A

access amount, for an FTA category of dairy produce for a year, is the maximum amount of the produce that, under the FTA, may be exported in the year.

allocation of quota means an authorisation, given to a dairy manufacturer, setting out the maximum amount of an FTA category of dairy produce that the manufacturer is entitled to export under this Division.

category with a set-aside means an FTA category of dairy produce mentioned in column 2 of an item in Table 2.30C, in which the set-aside percentage set out in column 5 of the item is more than zero.

dairy manufacturer means a person who:

(a)
collects milk from farms and processes it; or

(b)
purchases dairy produce and:


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(i)
subjects it to a process that changes it from one kind of produce to another (for example, milk into yoghurt); or
(ii)
repackages it.
EXDOC means the electronic documentation system maintained by the Australian Quarantine and Inspection Service for the control and issue of export health certificates.

export means export to the US under this Division.

FTA or free trade agreement means the Australia-United States Free Trade Agreement done at Washington DC on 18 May 2004, as amended from time to time.

FTA category of dairy produce means a category which, under the terms of the FTA, may be imported into the US free of tariff.

ice cream and ODP category means the ice cream sub-category of the FTA category Creams and Ice Cream and the FTA category Other Dairy Products.

minimum allocation, for an FTA category of dairy produce mentioned in column 2 of an item in Table 2.30C, means the amount set out in column 4 of the item.

US means the United States of America.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30C Categories of dairy produce

For an FTA category of dairy produce mentioned in an item in column 2 of Table 2.30C, the access amount for 2005 is the amount set out in column 3 of the item.

Table 2.30C Categories


Item
FTA category
Access amount 2005
Minimum allocation
Set-aside percentage
1
American Cheese
500 t
20 t
5
2
Butter
1 500 t
20 t
5
3
Cheddar Cheese
750 t
20 t
5
4
Condensed Milk
3 000 t
20 t
5
5
Creams and Ice Cream
Sub-category cream: 5 000 000 L
Sub-category ice cream: 2 500 000 L
Sub-category cream: 20 000 L
Sub-category ice cream: 0
Sub-category cream: 5
Sub-category ice cream: 0
6
European-type Cheese
2 000 t
10 t
5
7
Goya Cheese
2 500 t
20 t
5
8
Non-fat Dried Milk Powder and Skim Milk Powder
100 t
20 t
0
9
Other Cheese
3 500 t
10 t
5
10
Other Dairy Products
1 500 t
0
0
11
Other Milk Powder
4 000 t
20 t
5
12
Swiss-type Cheese
500 t
10 t
5

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DAIRY PRODUCE REGULATIONS 1986
Subdivision 2.3A.2 Quota allocation for categories other than ice cream and ODP category — 2005 only

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30D Application of Subdivision 2.3A.2

Subdivision 2.3A.2 applies in relation to the allocation of quota for each category of dairy produce, other than produce in the ice cream and ODP category, for 2005.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30E Definitions for Subdivision 2.3A.2

disadvantaged applicant has the meaning given by regulation 2.30H.

primary applicant and secondary applicant have the respective meanings given in regulation 2.30J.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30F Meaning of 02/03 export amount

(1)
For each FTA category of dairy produce that was exported in 2002 and 2003, the 02/03 export amount of the category is calculated by:

(a)
determining, from data in EXDOC, the sum of:

(i)
the total amount of produce in the category exported during 2002 and 2003 by all applicants under regulation 2.30G, other than a disadvantaged applicant; and
(ii)
twice the total amount of produce in the category exported by all disadvantaged applicants during the year nominated by the applicant under subregulation 2.30G (5); and
(b)
subtracting, from this amount, the total amount of quota allocated in the equivalent category exported under Divisions 2.2 and 2.3 in 2002 and 2003.

(2)
For paragraph (1) (b), a category mentioned in:

(a)
column 2 of an item in the following table, exported under Division 2.2 in 2002 and 2003; or

(b)
column 3 of an item in the table, exported under Division 2.3 in 2002 and 2003;

is the equivalent of the FTA category mentioned in column 4 of the item.

Table Equivalents to FTA categories


Item
Division 2.2 category
Division 2.3 category
FTA category
1
Cheddar cheese and cheddar cheese for processing
Cheddar cheese
Cheddar cheese
2
[Not applicable]
American-type cheese
American-type cheese
3
[Not applicable]
Swiss and Emmentaler cheese
Swiss-type cheese
4
[Not applicable]
Other cheese
Other cheese

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DAIRY PRODUCE REGULATIONS 1986
- REG 2.30G Applications for allocation of quota

(1)
A dairy manufacturer may apply to the Secretary for an allocation of quota for 2005.

(2)
An application must:

(a)
be made in a form approved by the Secretary; and

(b)
include information showing the amount of dairy produce of each FTA category produced by the manufacturer in 2002 and 2003.

(3)
For paragraph (2) (b), dairy produce that is repackaged by a manufacturer is taken not to have been produced by the manufacturer.

(4)
It is a condition of an application that, upon request, the applicant will give the Secretary access to records so that the Secretary can confirm the accuracy of the information given for paragraph (2) (b).

(5)
If an applicant believes that, because the amounts of the applicant's production in 2002 or 2003 were significantly different from one another, the applicant would be disadvantaged if both years were used to make the calculations for subregulation 2.30I (2) or (3), the applicant may also include in the application a request that only the applicant's production for a nominated year be taken into account when calculating quota for each category of produce.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30H Disadvantaged applicants

If:

(a)
an applicant under regulation 2.30G makes a request under subregulation 2.30G (5); and

(b)
in 40% or more of the FTA categories of dairy produce produced by the applicant in 2003, the amount produced:

(i)
exceeds the amounts produced in 2002 by 25% or more; or
(ii)
is less than the amounts produced in 2002 by 25% or more;

then:

(c)
the applicant is a disadvantaged applicant; and

(d)
if quota is allocated to the applicant, the amounts of the applicant's export and production for the nominated year are used to calculate quota allocations for all categories.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30I Preliminary allocations of quota

(1)
In this regulation:

AA, of dairy produce in an FTA category, means the access amount of that category for 2005.

AEA (or applicant's export amount), of dairy produce in an FTA category, means the amount of produce of the category exported by the applicant (other than produce exported under Divisions 2.2 and 2.3) during 2002 and 2003, calculated using data from EXDOC.

AEY (or applicant's exports for year), of dairy produce in an FTA category, means the amount of produce of the category exported by the applicant (other than produce exported under Divisions 2.2 and 2.3) in the year nominated by the applicant under subregulation 2.30G (5),

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calculated using data from EXDOC.

APA (or applicant's production amount), of dairy produce in an FTA category, means the amount of produce of the category produced by the applicant during 2002 and 2003, calculated from the data given by the applicant under subregulation 2.30G (5).

APY (or applicant's production for year), of dairy produce in an FTA category, means the amount of the category of dairy produce produced by the applicant in the year nominated by the applicant under subregulation 2.30G (5).

TPA (or total production amount), of dairy produce in an FTA category, means the sum of:

(a)
the total amount of produce of the category that was produced by all applicants, other than disadvantaged applicants, in 2002 and 2003, calculated from the data given by the applicants under paragraph 2.30G (2) (b); and

(b)
twice the total amount of produce in the category produced by all disadvantaged applicants during the year nominated by the applicant under subregulation 2.30G (5).

(2)
The preliminary quota allocation, to an applicant that is not a disadvantaged applicant, for a category with a set-aside is:

A graphic exists here.

(3)
The preliminary quota allocation, to a disadvantaged applicant, for a category with a set-aside is:

A graphic exists here.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30J Identifying primary and secondary applicants

(1)
If the applicant's preliminary quota allocation for a category with a set-aside is at least half of the minimum allocation for the produce, the applicant is a primary applicant for that category.

(2)
An applicant that is not a primary applicant is a secondary applicant for the category.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30K Final quota allocations to primary applicants for a category with a set-aside

(1)
The following steps show how to work out, for each primary applicant, the final quota allocation for a category with a set-aside.

Step 1.   For each primary applicant, round the amount of the preliminary quota allocation, calculated under regulation 2.30I, so it is divisible by the amount of the minimum allocation with no remainder, 50% of an allocation being rounded up.

Step 2.   If the sum of the rounded amounts calculated in Step 1 is less than 95% of the access amount for the category, subtract the total of the sum of the rounded amounts from 95% of the access amount, giving the additional amount.

Step 3.   Allocate extra quota to the primary applicants in proportion to each applicant's preliminary quota allocation, so that the sum of the extra quota allocations equals the additional amount.

Step 4.   If the total of the rounded amounts calculated in Step 1 is more than 95% of the access amount for the category, subtract 95% of the access amount from the total of the rounded amounts, giving the withdrawal amount.

Step 5.   Withdraw quota, from the primary applicants whose preliminary quota allocations exceed the minimum amount, in proportion to each of these applicants' preliminary quota allocation so that the sum of the withdrawn quota allocations equals the withdrawal amount.

(2)
The final quota allocation for each primary applicant is:


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(a)
if the sum of the rounded amounts calculated in Step 1 equals 95% of the access amount for the category — the amount resulting after Step 1; or

(b)
if an additional amount is calculated — the amount resulting after Step 3, rounded to the nearest tonne, 500kg being rounded up; or

(c)
if a withdrawal amount is calculated — the amount resulting after Step 5, rounded to the nearest tonne, 500kg being rounded up.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30L Final quota allocations — secondary applicants for a category with a set-aside

The following steps show how to work out, for secondary applicants, the final quota allocation for a category with a set-aside.

Step 1.   Divide 5% of the access amount by the number of secondary applicants.

Step 2.   If the result of Step 1 is equal to or less than the minimum allocation for the category, the final quota allocation for each applicant is an amount equal to the result of Step 1.

Step 3.   If the result of Step 1 is an amount greater than the minimum allocation for the category:

(a)
the final quota allocation for each applicant is an amount equal to the minimum allocation; and

(b)
the remaining amount is allocated equally between all applicants whose final quota allocation is equal to or less than:

(i)
5% of the access amount; or
(ii)
4 times the minimum allocation.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30M Final quota allocations — Non-fat Dried Milk Powder and Skim Milk Powder

(1)
The following steps show how to work out the final quota allocation to an applicant for the FTA categories Non-fat Dried Milk Powder and Skim Milk Powder.

Step 1.   For each applicant, round the amount of the preliminary quota allocation calculated under regulation 2.30I so it is divisible by the amount of the minimum allocation with no remainder, 50% of a minimum allocation being rounded up.

Step 2.   If the sum of the rounded amounts calculated in Step 1 is less than the access amount for the category, subtract the total of the rounded amounts from the access amount, giving the additional amount.

Step 3.   Allocate extra quota to all the applicants in proportion to each applicant's preliminary quota allocation so that the extra quota allocations equal the additional amount.

Step 4.   If the total of the rounded amounts calculated in Step 1 is more than the access amount for the category, subtract the access amount from the total of the rounded amounts, giving the withdrawal amount.

Step 5.   Withdraw quota from each applicant whose allocation exceeds the minimum allocation, in proportion to each applicant's preliminary quota allocation, so that the sum of the withdrawn quota allocations equals the withdrawal amount.

(2) The final quota allocation for each applicant is:

(a)
if the sum of the rounded amounts calculated in Step 1 equals the access amount for the category — the amount resulting after Step 1; or

(b)
if an additional amount is calculated — the amount resulting after Step 3, rounded to the nearest tonne, 500kg being rounded up; or

(c)
if a withdrawal amount is calculated — the amount resulting after Step 5, rounded to the nearest tonne, 500kg being rounded up.


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DAIRY PRODUCE REGULATIONS 1986
- REG 2.30N Final quota allocations — cream

(1)
A final quota allocation for the FTA category Cream is granted subject to the condition that, if the holder:

(a)
has not obtained US registration of approved premises to supply cream by the end of 30 June 2005; or

(b)
is not able to present evidence that registration will be granted before 23 August 2005;

the allocation is withdrawn.

(2)
Any quota allocation withdrawn under subregulation (1) must be allocated among the other quota holders in proportion to the amount of quota held by each.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30O Secretary to tell applicant about amount of quota

If the Secretary grants an allocation of quota to an applicant, the Secretary must give the applicant a statement setting out the amount of the quota.

DAIRY PRODUCE REGULATIONS 1986
Subdivision 2.3A.3 Quota allocation for categories other than ice cream and ODP category — 2006 and subsequent years

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30P Application of Subdivision 2.3A.3

Subdivision 2.3A.3 applies in relation to the allocation of quota for each category, other than produce in the ice cream and ODP category, for 2006 and each subsequent year.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30Q Applications for allocation of quota

A dairy manufacturer may apply to the Secretary, in a form approved by the Secretary, for an allocation of quota for 2006 and each subsequent year.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30R Allocation of quota

(1)
In this regulation:

new entrant, in relation to a category under this Subdivision and a year, means a dairy manufacturer who had not held an allocation of quota for the category before the year.

primary quota holder, in relation to a category under this Subdivision and a year, means a person who, in the previous year, held an allocation of quota for the category that was greater than:

(a) 5% of the access amount for the category; or

(b) 4 times the minimum amount for the category.

secondary quota holder, in relation to a category under this Subdivision and a year, means a person, other than a primary quota holder, who, in the previous year, held an allocation of quota for the category.

total forfeits means the sum of the amounts of quota forfeited by all quota holders under subregulations 2.30Z (6) and 2.30ZA (2).

Note   Although only dairy manufacturers are entitled to apply for an allocation of quota, other persons, such as exporters, may acquire quota by a transfer under regulation 2.30Z.


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(2)
For this regulation, the additional access amount for a category under this Subdivision for the year is:

A graphic exists here.

where:

percentage increase is the yearly percentage increase for the category under the terms of the FTA.

PAA (or previous access amount) is the access amount of the category of dairy produce for the previous year.

(3) The following steps show how to work out, for each primary quota holder, secondary quota holder and new entrant, the quota allocation for each category under this Subdivision.

Step 1.   Allocate to each primary quota holder and secondary quota holder an amount equal to the amount of quota allocated to the holder for the previous year, taking into account any amounts of quota that were:

(a)
forfeited, under subregulation 2.30Z (6) or 2.30ZA (2) or both, by the holder in that year; and

(b)
transferred to or from the holder, under regulation 2.30Z.

Step 2.   Allocate to each primary quota holder and secondary quota holder an amount of quota in proportion to the holder's allocation under Step 1, so that the sum of the additional amounts equals the sum of:

(a)
half of the additional access amount; and

(b)
total forfeits.

Step 3.   Allocate an equal amount to each new entrant and secondary quota holder so that the sum of the allocations for this step equals half of the additional access amount.

DAIRY PRODUCE REGULATIONS 1986
Subdivision 2.3A.4 Export approvals for ice cream and ODP category

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30S Application of Subdivision 2.3A.4

Subdivision 2.3A.4 applies in relation to export approvals for dairy produce in the ice cream and ODP category that are to be granted in 2005 and each subsequent year.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30T Access amounts

(1)
For the FTA category Other Dairy Products, the access amount for dairy produce for 2005 is divided into the following sub-categories:

(a)
for produce that corresponds to any US Harmonised Tariff Code set out in column 2 of Part 1 of Schedule 1B — 1 350 tonnes;

(b)
for produce that corresponds to any US Harmonised Tariff Code set out in column 2 of Part 2 of Schedule 1B — 150 tonnes.

(2)
The access amounts for 2006 and each subsequent year for dairy produce in the ice cream and ODP category are calculated by increasing the amounts for the previous year by the appropriate percentage specified for the category in the FTA.


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DAIRY PRODUCE REGULATIONS 1986
- REG 2.30U Applications for export approvals

(1)
In this regulation:

application day means:
(a)
1 November in any year; or

(b)
if 1 November in a year is not a working day — the next working day after 1 November.

working day means a day that is not a Saturday, Sunday or public holiday in the Australian Capital Territory.
(2) A person may apply to the Secretary for an export approval under this Subdivision.

(3)
An application must:

(a)
be in a form approved by the Secretary; and

(b)
be for approval to export a specified amount of the category of produce; and

(c)
specify the day or days on which the applicant intends to export the produce.

(4)
Applications for approval to export in a particular year may be made on or after the application day in the previous year.

(5)
The application must include evidence that the applicant's consignments of produce will be imported into the US.

(6)
For subregulation (5), evidence includes the following:

(a)
a copy of the agreement, or the relevant part of the agreement, under which the produce will be imported into the US;

(b)
a statement describing:

(i)
an agreement that has been made (including an agreement that is subject to quota being available); or
(ii)
an offer to enter an agreement of a kind mentioned in subparagraph (i);
even if confidential matters are not included in the statement.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30V Export approvals

(1)
The Secretary must deal with applications made under regulation 2.30U on a first-come-first-served basis.

(2) However, if, on the application day, applications are made for more than the access amount, then, subject to subregulation (3):

(a)
each applicant receives an approval to export an amount that is equal to the access amount divided by the number of applicants; or

(b)
if distributing the amount in accordance with paragraph (a) would lead to an applicant (an excess-quota applicant) being approved to export a greater amount than the applicant applied for:

(i)
each excess-quota applicant receives approval to export the amount that the applicant applied for; and
(ii)
each other applicant receives approval to export an amount that is equal to the access amount remaining after the distribution mentioned in subparagraph (i), divided by the number of other applicants.

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(3)
If a person applies, under this Subdivision, for an export approval, the Secretary must grant the approval unless the grant would result in:

(a)
the applicant being approved to export more than a third of the access amount for the category; or

(b)
the total amount of produce approved for export exceeding the access amount for the category.

(4)
If the Secretary grants an export approval to an applicant, he or she must give the applicant a quota certificate as evidence of the approval.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30W Forfeiture of approval

(1) Subregulation (2) applies in relation to an approval to export an amount of dairy produce under this Subdivision if the holder of the approval fails to export at least 95% of the amount by:

(a)
the day or days specified for paragraph 2.30U (3) (c) for the export of the produce; or

(b)
if the export is delayed for a reason or reasons beyond the control of the holder — no more than 28 days after each day specified for the export.

(2)
The approval for the amount not exported is withdrawn.

DAIRY PRODUCE REGULATIONS 1986
Subdivision 2.3A.5 Miscellaneous

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30X Application for quota certificate — categories other than ice cream and ODP category

(1) The holder of unused quota for dairy produce other than produce in the ice cream and ODP category may apply to the Secretary for a quota certificate in respect of any amount of the unused quota.

(2)
If the Secretary approves the application, the Secretary must give the applicant a quota certificate as evidence of the approval.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30Y Export of dairy products

A quota certificate issued under subregulation 2.30V (4) or 2.30X (2) in respect of an FTA category of dairy produce is evidence of an approval to export the produce.

Note   Dairy produce without a certificate will not be imported into the US free of tariff.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30Z Transfer of quota

(1)
The holder of quota for an FTA category of dairy produce (the transferor) may transfer some or all of the quota to another person (the transferee).

(2)
The terms of a transfer agreement must provide that the transfer:

(a)
is permanent; or

(b)
is to revert to the transferor at the end of the year for which the transfer is made.


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(3)
A transfer is not validly made unless the transferor sends the Secretary a notice that includes the following:

(a)
the name of the transferor and the transferee;

(b)
the amount of quota being transferred;

(c)
whether the transfer is permanent, or reverts to transferor at the end of the year.

(4)
It is not a transfer of quota if a holder authorises an agent to export dairy produce on behalf of the holder.

(5)
If a transferor transfers quota to the same transferee for 2 consecutive years, the transfer becomes permanent at the start of the third year.

(6)
If a transferor transfers quota to different transferees in 2 consecutive years, at the start of the third year the transferor forfeits the quota.

Note   Quota forfeited under subregulation (6) becomes available to other applicants in the third year: see subregulation 2.30R (3).

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30ZA Forfeiture of quota

(1)
This regulation applies in relation to quota for dairy produce other than produce in the ice cream and ODP category, if the holder fails to export 95% of the allocated amount for 2 consecutive years, other than 2005 and 2006.

(2)
The holder forfeits an amount of quota that is:

A graphic exists here.A graphic exists here.

where:

first year's exports is the amount of the category exported by the holder in the first year.

old quota is the holder's quota for the category for the second year, taking into account any transfers made by the holder during the year.

second year's exports is the amount of the category exported by the holder in the second year.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30ZB Quota may be withdrawn

(1)
The Secretary may, on a day specified by the Secretary (the re-allocation day), withdraw quota for a category with a set-aside if:

(a)
before 23 August in the year for which the quota was allocated, the holder of the quota gives the Secretary a request in writing to withdraw the quota; or

(b)
on or after 23 August in that year, the holder does not tell the Secretary, in writing, how the holder intends to deal with the holder's unused quota, if any.

(2)
The Secretary may re-allocate any withdrawn quota (the extra quota) to a person who applies for the quota, if the applicant is able to show that the quota will be used in that year.

(3)
The Secretary must deal with applications under subregulation (2) on a first-come-first-served basis.


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(4)
However, if, on the re-allocation day, applications are made for more than the extra quota:

(a)
each applicant is granted quota that is equal to the extra quota divided by the number of applicants; or

(b)
if distributing the extra quota in accordance with paragraph (a) would lead to an applicant (an excess-quota applicant) being granted more quota than the applicant applied for:

(i)
each excess-quota applicant receives the amount of quota that the applicant applied for; and
(ii)
each other applicant receives quota that is equal to the extra quota amount remaining after the distribution mentioned in subparagraph (i), divided by the number of other applicants.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.30ZC Fees (Act, s 54)

For paragraph 54 (2) (b) of the Act, the fee for an application to export dairy produce under this Division is 0.7 of a cent for each kilogram of dairy produce that the applicant is entitled to export under a quota certificate given under this Division.

DAIRY PRODUCE REGULATIONS 1986
Division 2.4 Miscellaneous

DAIRY PRODUCE REGULATIONS 1986
- REG 2.31 Variation and revocation of approval or entitlement

(1)
The Secretary may at any time vary or revoke an approval granted, or an entitlement allocated or transferred, under this Part if:

(a)
the Secretary is satisfied that the approval or entitlement is no longer consistent with the object of this Part; or

(b)
the Secretary considers that it is in the best interests of the dairy industry to make the variation or revocation.

(2)
The holder of an approval or entitlement may ask the Secretary, in writing, for a variation to be made to the approval or entitlement.

(3)
The holder of an approval or entitlement may surrender the approval or entitlement at any time by giving notice in writing to the Department.

(4)
The Secretary may vary an approval or entitlement:

(a)
by adding, varying or revoking a condition of the approval or entitlement; or

(b)
by varying the period of the approval or entitlement.

(5) If the Secretary makes a variation or revocation under this regulation, the Secretary must give the holder of the approval or entitlement written notice of the decision that states:

(a)
the reasons for the decision; and

(b)
the day on which the variation or revocation takes effect; and

(c)
that the exporter may apply to the Administrative Appeals Tribunal for a review of the decision.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.32 Review of decisions

An application may be made to the Administrative Appeals Tribunal for review of a decision under this Part:


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(a)
to impose a condition, under paragraph 2.09 (f), 2.22 (1) (e) or 2.22 (2) (b), on an approval to export a consignment; or

(b)
not to allocate entitlement to export; or

(c)
to allocate a particular amount of entitlement to export; or

(d)
to impose a condition, under paragraph 2.15 (c) or 2.28 (c), on entitlement to export; or

(e)
to vary or revoke an approval or entitlement.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.33 Address for applications and information in writing

An application that may be made, or information or notice that must be given in writing, to the Department under this Part must be addressed to the Quota Administration and Statistics Unit and:

(a)
sent to:

Department of Agriculture, Fisheries and Forestry GPO Box 858 CANBERRA ACT 2601; or
(b)
sent by e-mail to:

quota.admin@affa.gov.au; or
(c)
sent by fax to:

02 6272 4585.

DAIRY PRODUCE REGULATIONS 1986
- REG 2.34 Delegation by Secretary

(1)
The Secretary may, in writing, delegate to an SES employee, or acting SES employee, of the Department all or any of the Secretary's powers and functions under this Part (except this power of delegation).

(2)
In exercising powers or functions under a delegation, the delegate must comply with any directions of the Secretary.

DAIRY PRODUCE REGULATIONS 1986
Part III Records, returns and payment of levies

DAIRY PRODUCE REGULATIONS 1986
- REG 5
Records to be kept

(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.


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(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 1986
- REG 6
Returns of purchases of relevant dairy produce

(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 1986
- REG 7
Returns in relation to dairy products

(1)
This regulation applies to:


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(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 1986
- REG 8
Authorised agent

(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 1986
- REG 9
Execution of documents by a company

(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.


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DAIRY PRODUCE REGULATIONS 1986
Part V Miscellaneous

DAIRY PRODUCE REGULATIONS 1986
- REG 16
Prescribed milk fat content

(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 1986
- REG 17
Prescribed protein content

(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 1986
Schedule 1A Regulated dairy produce

(regulation 2.03)

Part 1 Definitions

In this Schedule:

additional U.S. note means an additional U.S. note to chapter 4 of the Harmonized Tariff Schedule.
CN code means the European Commission Combined Nomenclature code used in Commission Regulation (EC) No 2535/2001.
Commission Regulation (EC) No 2535/2001 means the regulation of that name in the Official Journal of the European Communities L 341/29, dated 22 December 2001.
Harmonized Tariff Code means the code used in the Harmonized Tariff Schedule.
Harmonized Tariff Schedule means revision 2 of the Harmonized Tariff Schedule of the United States of America, as in force at the commencement of this Schedule.

Part 2 Dairy produce for the European Union


Item
Dairy produce
1
Dairy produce to which quota number 09.4522 in Annex III.A to Commission Regulation (EC) No 2535/2001 applies, being cheese for processing that:
(a) will enter the European Union under CN code number 0406 90 01; and
(b) is used for processing cheese products to which subheading 0406 30 of the CN code applies.
2
Dairy produce to which quota number 09.4521 in Annex III.A to Commission Regulation (EC) No 2535/2001 applies, being whole cheddar cheese that:
(a) will enter the European Union under CN code number 0406 90 21; and
(b) has a fat content of 50% or more by weight in the dry matter; and
(c) has matured for at least 3 months; and
(d) is either:
(i) a conventional flat cylindrical shape with a net weight of no less than 33 kilograms and no more than 44 kilograms; or
(ii) a cubic block or parallelepiped shape with a net weight of 10 kilograms or more.

Note   Quota

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numbers 09.4521 and 09.4522 set out the tariff quotas that apply to dairy produce that is imported into the European Union from Australia at a reduced tariff rate.

Part 3 Dairy produce for the United States of America


Item
Dairy produce
1
Dairy produce mentioned in additional U.S. note 16, being cheese, and substitutes for cheese, that:
(a) will enter the United States of America under subheading 0406.10.04, 0406.10.84, 0406.20.89, 0406.30.89 or 0406.90.95 of the Harmonized Tariff Code; and
(b) is not any of the following:
(i) cheese not containing cow's milk;
(ii) soft ripened cow's milk cheese;
(iii) cheese (other than cottage cheese) that contains 0.5% or less by weight of butterfat;
(iv) an article to which the United States of America applies a quantitative limitation under any of additional U.S. notes 17 to 25.
2
Dairy produce mentioned in additional U.S. note 18, being each of the following produce that will enter the United States of America under subheading 0406.10.24, 0406.20.31, 0406.20.65, 0406.30.24, 0406.30.65, 0406.90.08 or 0406.90.76 of the Harmonized Tariff Code:
(a) cheddar cheese;
(b) cheese;
(c) substitutes for cheese that contain, or are processed from, cheddar cheese.
3
Dairy produce mentioned in additional U.S. note 19, being each of the following produce that will enter the United States of America under subheading 0406.10.34, 0406.20.36, 0406.20.69, 0406.30.34, 0406.30.69, 0406.90.52 or 0406.90.82 of the Harmonized Tariff Code:
(a) American-type cheese, including Colby, washed curd and granular cheese but not cheddar cheese;
(b) cheese;
(c) substitutes for cheese that contain, or are processed from, American-type cheese mentioned in paragraph (a).
4
Dairy produce mentioned in additional U.S. note 25, being Swiss and Emmentaler cheese that:
(a) have eye formation; and
(b) will enter the United States of America under subheading 0406.90.46 of the Harmonized Tariff Code.

Note   Additional U.S notes 16, 18, 19 and 25 set out the aggregate quantity of dairy produce that may be imported into the United States of America from Australia at a special rate of duty.

Part 4 Dairy produce for the US under the FTA

Item
Produce
1
Dairy produce mentioned in Annex 2-B to the (FTA) Schedule of the United States, General Notes, being Creams and Ice Cream products that will enter the United States of America within the Free Trade Agreement preferential tariff-rate quota under subheading 0401.30.25, 0403.90.16 and 2105.00.20 of the Harmonised Tariff Code.
2
Dairy produce mentioned in Annex 2-B to the (FTA) Schedule of the United States, General Notes, being Condensed Milk products that will enter the United States of America within the Free Trade Agreement preferential tariff-rate quota under subheading 0402.91.70, 0402.91.90, 0402.99.45 and 0402.99.55 of the Harmonised Tariff Code.
3
Dairy produce mentioned in Annex 2-B to the (FTA) Schedule of the United States, General Notes, being Butter products that will enter the United States of America within the Free Trade Agreement preferential tariff-rate quota under subheading 0401.30.75, 0402.21.90, 0403.90.65, 0403.90.78, 0405.10.20, 0405.20.30, 0405.90.20, 2106.90.26 and 2106.90.36 of the Harmonised Tariff Code.
4
Dairy produce mentioned in Annex 2-B to the (FTA) Schedule of the United States, General Notes, being Non-fat Dried Milk Powder and Skim Milk Powder products that will enter the United States of America within the Free Trade Agreement preferential tariff-rate quota under subheading 0402.10.50 and 0402.21.25 of the Harmonised Tariff Code.
5
Dairy produce mentioned in Annex 2-B to the (FTA) Schedule of the United States, General Notes, being Other Milk Powder products that will enter the United States of America within the Free Trade Agreement preferential tariff-rate quota under subheading 0402.21.50, 0403.90.45, 0403.90.55, 0404.10.90, 2309.90.28 and 2309.90.48 of the Harmonised Tariff Code.
6
Dairy produce mentioned in Annex 2-B to the (FTA) Schedule of the United States, General Notes, being Other Dairy Products that will enter the United States of America within the Free Trade Agreement preferential tariff-rate quota under subheading 0402.29.50, 0402.99.90, 0403.10.50, 0403.90.95, 0404.10.15, 0404.90.50, 0405.20.70, 1517.90.60, 1704.90.58, 1806.20.26, 1806.20.28, 1806.20.36, 1806.20.38, 1806.20.82, 1806.20.83, 1806.20.87, 1806.20.89, 1806.32.06, 1806.32.08, 1806.32.16, 1806.32.18, 1806.32.70, 1806.32.80, 1806.90.08, 1806.90.10, 1806.90.18, 1806.90.20, 1806.90.28, 1806.90.30, 1901.10.30, 1901.10.40, 1901.10.75, 1901.10.85, 1901.20.15, 1901.20.50, 1901.90.43, 1901.90.47, 2105.00.40, 2106.90.09, 2106.90.66, 2106.90.87, and 2202.90.28 of the Harmonised Tariff Code.
7
Dairy produce mentioned in Annex 2-B to the (FTA) Schedule of the United States, General Notes, being Cheddar Cheese products that will enter the United States of America within the Free Trade Agreement preferential tariff-rate quota under subheading 0406.10.28, 0406.20.33, 0406.20.67, 0406.30.28 and 0406.30.67, 0406.90.12 and 0406.90.78 of the Harmonised Tariff Code.
8
Dairy produce mentioned in Annex 2-B to the (FTA) Schedule of the United States, General Notes, being American Cheese products that will enter the United States of America within the Free Trade Agreement preferential tariff-rate quota under subheading 0406.10.38, 0406.20.39, 0406.20.71, 0406.30.38, 0406.30.71, 0406.90.54 and 0406.90.84 of the Harmonised Tariff Code.
9
Dairy produce mentioned in Annex 2-B to the (FTA) Schedule of the United States, General Notes, being Swiss-type Cheese products that will enter the United States of America within the Free Trade Agreement preferential tariff-rate quota under subheading 0406.90.48 of the Harmonised Tariff Code.
10
Dairy produce mentioned in Annex 2-B to the (FTA) Schedule of the United States, General Notes, being European-type Cheese products that will enter the United States of America under subheading 0406.10.18, 0406.10.48, 0406.10.58, 0406.10.68, 0406.20.28, 0406.20.48, 0406.20.53, 0406.20.63, 0406.20.75, 0406.20.79, 0406.20.83, 0406.30.18, 0406.30.48, 0406.30.53, 0406.30.63, 0406.30.75, 0406.30.79, 0406.30.83, 0406.40.70, 0406.90.18, 0406.90.32, 0406.90.37, 0406.90.42, 0406.90.68, 0406.90.74, 0406.90.88 and 0406.90.92 of the Harmonised Tariff Code.
11
Dairy produce mentioned in Annex 2-B to the (FTA) Schedule of the United States, General Notes, being Other Cheese products that will enter the United States of America under subheading 0406.10.08, 0406.10.88, 0406.20.91, 0406.30.91 and 0406.90.97 of the Harmonised Tariff Code.
12
Dairy produce mentioned in Annex 2-B to the (FTA) Schedule of the United States, General Notes, being Goya Cheese products that will enter the United States of America under subheading 0406.90.33 of the Harmonised Tariff Code.

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DAIRY PRODUCE REGULATIONS 1986
Schedule 1B   

(subregulation 2.30T (1))

Part 1 Category A produce

Item
Code
Abbreviated description of product
1
04022950
Milk and cream, conc, sweetened, in powder, granules/other solid forms, fat by wt>1.5%, not subj GN 15
2
04029990
Milk and cream (except condensed milk) concentrated in non-solid forms, sweetened
3
04031050
Yoghurt, in dry form, whether or not flavoured or containing added fruit or cocoa, not subj to GN 15
4
04039095
Curdled milk/cream/kephir and other fermented or acidified milk/cream, subj to GN 15
5
04041015
Modified whey (except protein conc.), whether or not conc. Or sweetened not subj to GN 15
6
04049050
Dairy products of natural milk constituents (except protein conc.) descry in Ch 4 US Add. Note 1, not subj to GN 15
7
04052070
Other dairy spreads of a type provided in Ch 4, Add. Note 1, not subj to GN 15, over quota
8
19011030
Infant formula with oligossacharides, for retail sale, >10% milk solids, not subj to Ch 19 Note 2, not subj to GN 15
9
19011040
Preps for infant use (dairy prod. Of add US Note 1 to Ch 4), for retail sale, >10% milk solids, not subj to Ch 4 Note 10
10
19011075
Infant formula with oligossacharides, for retail sale, <10% milk solids, not subj to Ch 19 Note 2, not subj to GN 15
11
19011085
Preps for infant use (dairy prod. Of add US Note 1 to Ch 4), for retail sale, <10% milk solids, not subj to Ch 4 Note 10
12
19012015
Mixes for bakers wares (dairy prod of Ch 4, US Note 1), butterfat by wt >25%, not retail, not subj to Ch 4 Note 10, not GN 15
13
19012050
Mixes for bakers wares (dairy prod of Ch 4, US Note 1), butterfat by wt <25%, not retail, not subj to Ch 4 Note 10, not GN 15
14
19019043
Dairy preps >10% milk solids (Descr in Ch 4, US Note 1) neosi, not subj Ch 4 Note 10, not GN 15
15
19019047
Dairy preps <10% milk solids (Descr in Ch 4, US Note 1) neosi, not subj Ch 4 Note 10, not GN 15
16
21050040
Edible ice except ice cream, dairy products descry in Ch 4 Note 1, neosi
17
21069009
Food preps, neosi, <5.5% butterfat, mixed w/other ingredients, if >16% milk solids, further proc'able, not Ch 4 Note 1, not GN 15
18
21069066
Food preps, neosi, >10% milk solids, dairy products descry in Ch 4 US Note 1, not subj Ch 4 Note 10, not GN 15
19
21069087
Food preps, neosi, <10% milk solids, dairy products descry in Ch 4 US Note 1, not subj Ch 4 Note 10, not GN 15
20
22029028
Non-alcoholic milk-based drinks (except chocolate), not subj Ch 4 Note 10, not GN 15

Part

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2 Category B produce

Item
Code
Abbreviated description of product
1
15179060
Edible mixtures & preparations, dairy products in US add'l note 1 to Ch 4, not subj to GN 15
2
17049058
Sugar confectionery, neosi, w/out cocoa, dairy products subj to add US note 1 to Ch 4
3
18062026
Chocolate, >2 kg, cont milk solids, not in blocks >4.5 kg, >5.5% butterfat, <21% milk solids, not subj GN 15
4
18062028
Chocolate, >2 kg, cont milk solids, not in blocks >4.5 kg, >5.5% butterfat, >21% milk solids, not subj GN 15
5
18062036
Chocolate, >2 kg, cont milk solids, not in blocks >4.5 kg, <21% milk solids, not subj GN 15
6
18062038
Chocolate, >2 kg, cont milk solids, not in blocks >4.5 kg, <21% milk solids, not subj GN 15
7
18062082
Choc./other preps w/cocoa, 2-4.5 kg, (dairy prod of Ch 4 US note 1), <65% sugar, <21% milk solids, not GN 15
8
18062083
Choc./other preps w/cocoa, 2-4.5 kg, (dairy prod of Ch 4 US note 1), <65% sugar, >21% milk solids, not GN 15
9
18062087
Low fat chocolate crumb, sugar by wt <65%, 2-4.5 kg, 21% milk solids, not subj GN 15, not subj Ch 18 note 3
10
18062089
Low fat chocolate crumb, sugar by wt <65%, <2 kg, 21% milk solids, not subj GN 15, not subj Ch 18 note 3
11
18063206
Chocolate, not filled, >5.5% butterfat, <21% milk solids, in blocks/bars/slabs <2 kg
12
18063208
Chocolate, not filled, >5.5% butterfat, >21% milk solids, in blocks/bars/slabs <2 kg
13
18063216
Chocolate, not filled, <21% milk solids, in blocks/bars/slabs <2 kg
14
18063218
Chocolate, not filled, >21% milk solids, in blocks/bars/slabs <2 kg
15
18063270
Cocoa preps (dairy prod of Ch 4 US note 1), <21% milk solids, not filled, in blocks/slabs/bars <2 kg, not 4.10
16
18063280
Cocoa preps (dairy prod of Ch 4 US note 1), >21% milk solids, not filled, in blocks/slabs/bars <2 kg, not 4.10
17
18069008
Cocoa preps (dairy prod of Ch 4 US note 1), <21% milk solids, not filled, not in blocks/slabs/bars <2 kg, not GN 15
18
18069010
Cocoa preps (dairy prod of Ch 4 US note 1), >21% milk solids, not filled, not in blocks/slabs/bars <2 kg, not GN 15
19
18069018
Cocoa preps, bfat by wt >5.5%, <21% milk solids, not in blocks/slabs/bars, not GN 15
20
18069020
Cocoa preps, bfat by wt <5.5%, >21% milk solids, not in blocks/slabs/bars, not GN 15
21
18069028
Cocoa preps, cont milk solids, bfat by wt <5.5%, <21% milk solids, not in blocks/slabs/bars, not 18..3, not GN 15
22
18069030
Cocoa preps, cont milk solids, bfat by wt <5.5%, >21% milk solids, not in blocks/slabs/bars, not 18..3, not GN 15

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DAIRY PRODUCE REGULATIONS 1986
Schedule 1 Appointment of authorised agent

(regulation 8)

Form

COMMONWEALTH OF AUSTRALIA

DAIRY PRODUCE REGULATIONS 1986

APPOINTMENT OF AUTHORISED AGENT

To the Secretary, Department of Agriculture, Fisheries and Forestry, 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 1986.

Dated

(Signature of person appointing authorised agent)

Authorised agent

DAIRY PRODUCE REGULATIONS 1986
Schedule 2 Milk fat and protein content — kind of dairy produce

(subregulation 16 (1), subregulation 17 (1))

Column 1
Item No.
Column 2
Kind of Dairy Produce
Column 3
Milk Fat
(%)
Column 4
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


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DAIRY PRODUCE REGULATIONS 1986
Schedule 3 Milk fat and protein content — class of dairy produce

(subregulation 16 (2), subregulation 17 (2))

Column 1
Item No.
Column 2
Class of Dairy Produce
Column 3
Milk Fat
(%)
Column 4
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%
26.0
26.5


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DAIRY PRODUCE REGULATIONS 1986
Notes to the Dairy Produce Regulations 1986

Note 1

The Dairy Produce Regulations 1986 (in force under the Dairy Produce Act 1986) as shown in this compilation comprise Statutory Rules 1986 No. 166 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number
Date of notification
in Gazette
Date of
commencement
Application, saving or
transitional provisions
1986 No. 166
30 June 1986
1 July 1986

1986 No. 237
11 Sept 1986
11 Sept 1986

1987 No. 42
24 Mar 1987
24 Mar 1987

1987 No. 263
12 Nov 1987
12 Nov 1987

1990 No. 384
6 Dec 1990
6 Dec 1990

1990 No. 424
21 Dec 1990
1 Jan 1991

1990 No. 433
21 Dec 1990
21 Dec 1990

1995 No. 209
30 June 1995
1 July 1995

1995 No. 310
26 Oct 1995
26 Oct 1995

2003 No. 135
26 June 2003
1 July 2003 (see r. 2 and Gazette 2003, No. S228)

2003 No. 276
7 Nov 2003
7 Nov 2003

2004 No. 253
26 Aug 2004
26 Aug 2004

Table

Back to Top

of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected
How affected
Part I

R. 1
rs. 2003 No. 135
R. 2
am. 1995 No. 310; 2003 No. 276
R. 2A
ad. 2003 No. 135
Part II
rep. 2003 No. 276
R. 3
rep. 2003 No. 276
R. 4
am. 1987 Nos. 42 and 263

rep. 1995 No. 310
R. 4A
ad. 1986 No. 237

rep. 2003 No. 276
R. 4B
ad. 1986 No. 237

rep. 2003 No. 276
Part 2

Part 2
ad. 2003 No. 276
Division 2.1

Div. 2.1 of Part 2
ad. 2003 No. 276
R. 2.01
ad. 2003 No. 276
R. 2.02
ad. 2003 No. 276
Note to r. 2.02
rep. 2004 No. 253
R. 2.03
ad. 2003 No. 276

am. 2004 No. 253
R. 2.04
ad. 2003 No. 276
Division 2.2

Div. 2.2 of Part 2
ad. 2003 No. 276
R. 2.05
ad. 2003 No. 276

am. 2004 No. 253
R. 2.06
ad. 2003 No. 276
R. 2.07
ad. 2003 No. 276
R. 2.08
ad. 2003 No. 276
R. 2.09
ad. 2003 No. 276
R. 2.10
ad. 2003 No. 276
R. 2.11
ad. 2003 No. 276
R. 2.12
ad. 2003 No. 276
R. 2.13
ad. 2003 No. 276
R. 2.14
ad. 2003 No. 276

am. 2004 No. 253
R. 2.15
ad. 2003 No. 276
R. 2.16
ad. 2003 No. 276
R. 2.17
ad. 2003 No. 276
Division 2.3

Heading to Div. 2.3
of Part 2
rs. 2004 No. 253
Div. 2.3 of Part 2
ad. 2003 No. 276
R. 2.18
ad. 2003 No. 276

rs. 2004 No. 253
R. 2.19
ad. 2003 No. 276
R. 2.20
ad. 2003 No. 276
R. 2.21
ad. 2003 No. 276
R. 2.22
ad. 2003 No. 276
R. 2.23
ad. 2003 No. 276
R. 2.24
ad. 2003 No. 276
R. 2.25
ad. 2003 No. 276
R. 2.26
ad. 2003 No. 276
R. 2.27
ad. 2003 No. 276

am. 2004 No. 253
R. 2.28
ad. 2003 No. 276
R. 2.29
ad. 2003 No. 276
R. 2.30
ad. 2003 No. 276
Division 2.3A

Div. 2.3A of Part 2
ad. 2004 No. 253
Subdivision 2.3A.1

R. 2.30A
ad. 2004 No. 253
R. 2.30B
ad. 2004 No. 253
R. 2.30C
ad. 2004 No. 253
Subdivision 2.3A.2

R. 2.30D
ad. 2004 No. 253
R. 2.30E
ad. 2004 No. 253
R. 2.30F
ad. 2004 No. 253
R. 2.30G
ad. 2004 No. 253
R. 2.30H
ad. 2004 No. 253
R. 2.30I
ad. 2004 No. 253
R. 2.30J
ad. 2004 No. 253
R. 2.30K
ad. 2004 No. 253
R. 2.30L
ad. 2004 No. 253
R. 2.30M
ad. 2004 No. 253
R. 2.30N
ad. 2004 No. 253
R. 2.30O
ad. 2004 No. 253
Subdivision 2.3A.3

R. 2.30P
ad. 2004 No. 253
R. 2.30Q
ad. 2004 No. 253
R. 2.30R
ad. 2004 No. 253
Subdivision 2.3A.4

R. 2.30S
ad. 2004 No. 253
R. 2.30T
ad. 2004 No. 253
R. 2.30U
ad. 2004 No. 253
R. 2.30V
ad. 2004 No. 253
R. 2.30W
ad. 2004 No. 253
Subdivision 2.3A.5

R. 2.30X
ad. 2004 No. 253
R. 2.30Y
ad. 2004 No. 253
R. 2.30Z
ad. 2004 No. 253
R. 2.30ZA
ad. 2004 No. 253
R. 2.30ZB
ad. 2004 No. 253
R. 2.30ZC
ad. 2004 No. 253
Division 2.4

Div. 2.4 of Part 2
ad. 2003 No. 276
R. 2.31
ad. 2003 No. 276
R. 2.32
ad. 2003 No. 276
R. 2.33
ad. 2003 No. 276
R. 2.34
ad. 2003 No. 276
Part III

R. 6
am. 1990 Nos. 384 and 424
R. 8
am. 1995 No. 209
R. 10
rep. 2003 No. 276
Part IV
rep. 2003 No. 276
R. 11
rep. 2003 No. 276
R. 12
rep. 2003 No. 276
R. 13
rep. 1995 No. 209
R. 14
rep. 1995 No. 209
R. 15
ad. 1990 No. 433

rep. 1995 No. 209
Part V

Part V
ad. 1995 No. 209
R. 16
ad. 1995 No. 209
R. 17
ad. 1995 No. 209
Schedule 1A

Schedule 1A
ad. 2003 No. 276

am. 2004 No. 253
Schedule 1B

Schedule 1B
ad. 2004 No. 253
Schedule 1

Heading to Schedule
rep. 1995 No. 209
Heading to Schedule 1
ad. 1995 No. 209
Schedule 1
am. 2003 No. 276
Schedule 2

Schedule 2
ad. 1995 No. 209
Schedule 3

Schedule 3
ad. 1995 No. 209