These Regulations are the Dairy Produce Regulations 1986.

(1) In these Regulations, unless the contrary intention appears:

casein includes all caseinates and co-precipitates.

month means one of the 12 months of the year.

the Act means the Dairy Produce Act 1986.

(2) In these Regulations, unless the contrary intention appears:

(a) a reference to a person who purchases relevant dairy produce shall be read as a reference to a person who purchases from the producer relevant dairy produce on which levy is imposed; and

(b) a reference to an authorised agent shall be read as a reference to a person appointed under regulation 8 to be an authorised agent.

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:

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.

Part II Export control

3 Prohibition of export of certain dairy products

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

4A Applications for licences and renewals of licences

(1) An application to the Corporation for an export licence under subsection 55 (1) of the Act shall be in writing and shall state:

(a) the full name of the applicant;

(b) the business address of the applicant;

(i) the applicant; or

(ii) a person who is in a position to control the operations of the applicant;

has been convicted of a prescribed offence and, if so:

(iii) the full name of the person convicted;

(iv) the nature of the offence;

(v) the date on which the offence was committed; and

(vi) the penalty imposed in respect of the offence;

(d) where the applicant is a natural person, whether:

(i) the applicant; or

(ii) a body corporate the operations of which, at the relevant time, the applicant was in a position to control;

has been convicted of a prescribed offence and, if so:

(iii) the full name of the person convicted;

(iv) the nature of the offence;

(v) the date on which the offence was committed; and

(vi) the penalty imposed in respect of the offence; and

(e) where the applicant wishes correspondence relating to the application or the licence to be sent to an address other than that specified pursuant to paragraph (b) — that other address.

(2) An application to the Corporation for the renewal of an export licence under subsection 58 (1) of the Act shall be in writing and shall state:

(a) the full name of the licensee;

(b) the business address of the licensee;

(i) the nature of the offence or alleged offence;

(ii) the date on which the offence, or alleged offence, was committed or is alleged to have been committed; and

(iii) where the licensee has been convicted of a prescribed offence, the penalty imposed in respect of the offence; and

(d) where the licensee wishes correspondence relating to the application or the licence to be sent to an address other than that specified pursuant to paragraph (b) — that other address.

(3) In this regulation:

export licence means a licence granted under section 56 of the Act.

prescribed offence has the same meaning as in Part V of the Act.

4B Fees in respect of licence applications

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

Part III Records, returns and payment of levies

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;

(d) the quantity of milk fat contained in each kind of whole milk products purchased by the person during the month;

(e) the total amount payable in levies on the milk fat content of the whole milk purchased by the person during the month; and

(f) the total amount payable in levies on the milk fat content of each kind of whole milk products purchased by the person during the month.

(2) The proprietor of a factory at which dairy products are produced shall keep proper records showing, in respect of each month:

(a) the quantity of each kind of dairy products produced at the factory in that month;

(b) the quantity of each kind of dairy products purchased by the proprietor in that month;

(c) the quantity of each kind of dairy products used by the proprietor in the production of dairy products in that month;

(d) the quantity of each kind of dairy products sold by the proprietor in that month for export;

(e) the quantity of each kind of dairy products sold by the proprietor in that month to the Corporation;

(f) the quantity of each kind of dairy products sold by the proprietor in that month otherwise than for export or to the Corporation;

(g) the quantity of each kind of dairy products, being products that had been exported from Australia, imported by the proprietor into Australia in that month;

(h) the quantity of each kind of dairy products disposed of by the proprietor in that month otherwise than by sale or use in the production of dairy products;

(j) the quantity of each kind of dairy products held in stock by the proprietor on the first day of that month;

(k) the quantity of each kind of dairy products held in stock by the proprietor at the end of that month; and

(l) with respect to each kind of dairy products referred to in paragraph (b), (c), (d), (e), (f), (g), (h), (j) or (k), the production period in which the dairy products of that kind were produced.

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;

(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.

7 Returns in relation to dairy products

(1) This regulation applies to:

(a) a person who is the proprietor of a factory at which dairy products are produced;

(b) a person who is the importer of dairy products referred to in section 5 or 8 of the second Levy Act; and

(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.

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.

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.

10 Prescribed periods — paragraph 61 (2) (b) of the Act

For the purposes of paragraph 61 (2) (b) of the Act:

(a) the period of 89 days is prescribed in relation to the market support levy that is payable upon the milk fat content of relevant dairy produce that is sold by the producer of the produce in the month of July, August or September 1986;

(b) the period of 58 days is prescribed in relation to the market support levy that is payable upon the milk fat content of relevant dairy produce that is sold by the producer of the produce in the month of October 1986; and

(c) the period of 59 days is prescribed in relation to the market support levy that is payable upon the milk fat content of relevant dairy produce that is sold by the producer of the produce in the month of November 1986.

Part IV Finance

11 Liability of Corporation to State taxes

For the purposes of subsection 83 (3) of the Act, subsection 83 (2) of the Act does not apply in relation to taxation under any of the following laws or under any of those laws as amended and in force from time to time:

(a) Pay-roll Tax Act, 1971 of the State of New South Wales;

(b) Pay-roll Tax Act 1971 of the State of Victoria;

(d) Pay-roll Tax Act, 1971 of the State of Western Australia;

(e) Pay-roll Tax Act, 1971 of the State of South Australia;

(f) Pay-roll Tax Act 1971 of the State of Tasmania;

(g) Pay-roll Tax Act of the Northern Territory.

12 Prescribed foreign countries — section 97 of the Act

Each of the following foreign countries is prescribed for the purposes of section 97 of the Act:

(a) Belgium;

(b) Canada;

(d) France;

(e) Federal Republic of Germany;

(f) Great Britain;

(g) Greece;

(h) Ireland;

(j) Italy;

(k) Luxembourg;

(l) Netherlands;

(m) New Zealand;

(n) Portugal;

(o) Spain.

Part V Miscellaneous

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.

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.

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

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

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)	—

Table 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
R. 2A................	ad. 2003 No. 135
Part II
R. 4.................	am. 1987 Nos. 42 and 263
	rep. 1995 No. 310
R. 4A................	ad. 1986 No. 237
R. 4B................	ad. 1986 No. 237
Part III
R. 6.................	am. 1990 Nos. 384 and 424
R. 8.................	am. 1995 No. 209
Part IV
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 1
Heading to Schedule.....	rep. 1995 No. 209
Heading to Schedule 1....	ad. 1995 No. 209
Schedule 2
Schedule 2............	ad. 1995 No. 209
Schedule 3
Schedule 3............	ad. 1995 No. 209