Part I
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Commonwealth act
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Direct links to the current provisions in Dairy Produce Act 1986.
This Act may be cited as the Dairy Produce Act 1986.
(1) Except as provided by subsections (2) and (3), this Act shall come into operation on 1 July 1986. (2) Sections 1 to 4 (inclusive), 28 to 32 (inclusive), 41 to 46 (inclusive) and 92 to 108, inclusive, shall come into operation on the day on which this Act receives the Royal Assent. (3) Subsections 10(3) to (8), inclusive, and 53(3) shall come into operation on 1 October 1986.
(1) In this Act, unless the contrary intention appears:
authorised person (except in Schedule 2) means a person appointed as an authorised person under section 120.
conversion time means the time when Schedule 1 to the Dairy Industry Service Reform Act 2003 commences.
Corporation levy means Corporation levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999 (as in force before the conversion time), and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.
Council means the association by the name of the Australian Dairy Industry Council Inc. that is incorporated under the Associations Incorporation Act 1981 of the State of Victoria.
dairy industry means industry in Australia that is concerned with the production, processing, manufacture, distribution and sale (whether for export or otherwise) of dairy produce.
dairy produce means:
(a) milk;
(b) cream; and
(c) such other products made from or containing milk or a constituent part of milk as are declared by the Minister by notice published in the Gazette to be dairy produce for the purposes of this Act.
dairy service levy means dairy service levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999.
dairy service payments means payments referred to in paragraph 5(1)(a).
Dairy Structural Adjustment Fund means the Dairy Structural Adjustment Fund established by clause 77 of Schedule 2.
eligible body means a body that is registered under the Corporations Act 2001 as a company limited by guarantee.
funding contract means a contract under section 5.
industry services body means the body declared as the industry services body under section 7.
Infrastructure Department means the Department administered by the Infrastructure Minister.
Infrastructure Minister means the Minister who administers the Infrastructure Australia Act 2008.
Levies and Charges Collection Act means the Primary Industries Levies and Charges Collection Act 1991.
matching payments means payments referred to in paragraph 5(1)(b).
milk means the lacteal fluid product of the dairy cow.
new dairy levy amounts means:
(a) amounts of dairy service levy received by the Commonwealth after the conversion time; and
(b) amounts received by the Commonwealth after the conversion time under section 7 of the Levies and Charges Collection Act in relation to dairy service levy; and
(c) amounts payable by way of penalty under section 15 of the Levies and Charges Collection Act in relation to dairy service levy that are received by the Commonwealth after the conversion time.
old dairy levy amounts means:
(a) amounts of Corporation levy, promotion levy or research levy received by the Commonwealth after the conversion time; and
(b) amounts received by the Commonwealth after the conversion time under section 7 of the Levies and Charges Collection Act in relation to Corporation levy, promotion levy or research levy; and
(c) amounts of Corporation levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 71 of this Act before the conversion time; and
(d) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to Corporation levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 71 of this Act before the conversion time; and
(e) amounts of promotion levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 90 of this Act before the conversion time; and
(f) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to promotion levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 90 of this Act before the conversion time; and
(g) amounts of research levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 30 of the Primary Industries Research and Development Act 1989 before the conversion time; and
(h) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to research levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 30 of the Primary Industries Research and Development Act 1989 before the conversion time; and
(i) amounts payable to the Dairy Research and Development Corporation under paragraph 30(1)(b) of the Primary Industries Research and Development Act 1989 before the conversion time, but not paid out of the Consolidated Revenue Fund under that Act before the conversion time.
old first Levy Act means the repealed Dairy Produce Levy (No. 1) Act 1986.
old second Levy Act means the repealed Dairy Produce Levy (No. 2) Act 1986.
promotion levy means promotion levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999 (as in force before the conversion time), and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.
relevant dairy produce has the same meaning as in Schedule 6 to the Primary Industries (Excise) Levies Act 1999.
research levy means research levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999 (as in force before the conversion time), and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.
(3) Subject to this Act, words and expressions used in this Act have the same meaning as they have for the purposes of Schedule 6 to the Primary Industries (Excise) Levies Act 1999.
(1) This Act binds the Crown in right of the Commonwealth and of each of the States and Territories. (2) Nothing in this Act renders the Crown in right of the Commonwealth or of a State or Territory liable to be prosecuted for an offence against, or arising under, this Act.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
An Act relating to the marketing and export of dairy produce and the collection of certain levies imposed in connection with the dairy industry, and for other purposes
This Act may be cited as the Dairy Produce Act 1986.
(1) Except as provided by subsections (2) and (3), this Act shall come into operation on 1 July 1986. (2) Sections 1 to 4 (inclusive), 28 to 32 (inclusive), 41 to 46 (inclusive) and 92 to 108, inclusive, shall come into operation on the day on which this Act receives the Royal Assent. (3) Subsections 10(3) to (8), inclusive, and 53(3) shall come into operation on 1 October 1986.
(1) In this Act, unless the contrary intention appears:
authorised person (except in Schedule 2) means a person appointed as an authorised person under section 120.
conversion time means the time when Schedule 1 to the Dairy Industry Service Reform Act 2003 commences.
Corporation levy means Corporation levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999 (as in force before the conversion time), and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.
Council means the association by the name of the Australian Dairy Industry Council Inc. that is incorporated under the Associations Incorporation Act 1981 of the State of Victoria.
dairy industry means industry in Australia that is concerned with the production, processing, manufacture, distribution and sale (whether for export or otherwise) of dairy produce.
dairy produce means:
(a) milk;
(b) cream; and
(c) such other products made from or containing milk or a constituent part of milk as are declared by the Minister by notice published in the Gazette to be dairy produce for the purposes of this Act.
dairy service levy means dairy service levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999.
dairy service payments means payments referred to in paragraph 5(1)(a).
Dairy Structural Adjustment Fund means the Dairy Structural Adjustment Fund established by clause 77 of Schedule 2.
eligible body means a body that is registered under the Corporations Act 2001 as a company limited by guarantee.
funding contract means a contract under section 5.
industry services body means the body declared as the industry services body under section 7.
Infrastructure Department means the Department administered by the Infrastructure Minister.
Infrastructure Minister means the Minister who administers the Infrastructure Australia Act 2008.
Levies and Charges Collection Act means the Primary Industries Levies and Charges Collection Act 1991.
matching payments means payments referred to in paragraph 5(1)(b).
milk means the lacteal fluid product of the dairy cow.
new dairy levy amounts means:
(a) amounts of dairy service levy received by the Commonwealth after the conversion time; and
(b) amounts received by the Commonwealth after the conversion time under section 7 of the Levies and Charges Collection Act in relation to dairy service levy; and
(c) amounts payable by way of penalty under section 15 of the Levies and Charges Collection Act in relation to dairy service levy that are received by the Commonwealth after the conversion time.
old dairy levy amounts means:
(a) amounts of Corporation levy, promotion levy or research levy received by the Commonwealth after the conversion time; and
(b) amounts received by the Commonwealth after the conversion time under section 7 of the Levies and Charges Collection Act in relation to Corporation levy, promotion levy or research levy; and
(c) amounts of Corporation levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 71 of this Act before the conversion time; and
(d) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to Corporation levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 71 of this Act before the conversion time; and
(e) amounts of promotion levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 90 of this Act before the conversion time; and
(f) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to promotion levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 90 of this Act before the conversion time; and
(g) amounts of research levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 30 of the Primary Industries Research and Development Act 1989 before the conversion time; and
(h) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to research levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 30 of the Primary Industries Research and Development Act 1989 before the conversion time; and
(i) amounts payable to the Dairy Research and Development Corporation under paragraph 30(1)(b) of the Primary Industries Research and Development Act 1989 before the conversion time, but not paid out of the Consolidated Revenue Fund under that Act before the conversion time.
old first Levy Act means the repealed Dairy Produce Levy (No. 1) Act 1986.
old second Levy Act means the repealed Dairy Produce Levy (No. 2) Act 1986.
promotion levy means promotion levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999 (as in force before the conversion time), and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.
relevant dairy produce has the same meaning as in Schedule 6 to the Primary Industries (Excise) Levies Act 1999.
research levy means research levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999 (as in force before the conversion time), and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.
(3) Subject to this Act, words and expressions used in this Act have the same meaning as they have for the purposes of Schedule 6 to the Primary Industries (Excise) Levies Act 1999.
(1) This Act binds the Crown in right of the Commonwealth and of each of the States and Territories. (2) Nothing in this Act renders the Crown in right of the Commonwealth or of a State or Territory liable to be prosecuted for an offence against, or arising under, this Act.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(1) The Minister may, on behalf of the Commonwealth, enter into a contract with an eligible body that provides for the Commonwealth to make payments of the following kinds to the body: (a) payments referred to as dairy service payments; (b) payments made in respect of particular financial years, referred to as matching payments.
Note: After a contract has been entered into, the eligible body can be declared as the industry services body under section 7.
(2) Before entering into the contract, the Minister must be satisfied that the terms of the contract make adequate provision to ensure that: (a) dairy service payments are spent by the body on marketing, promotion, strategic policy development, research and development activities or other activities, for the benefit of the Australian dairy industry; and (b) matching payments are spent by the body on: (i) research and development activities for the benefit of the Australian dairy industry and the Australian community generally; and (ii) making payments to the Commonwealth under subsection 6(4). (3) The contract does not have to oblige the Commonwealth to pay the full amounts that could be paid out of the money appropriated under section 6.
Note: For example, the contract may provide for payments less than the limits specified in section 6 to take account of the costs of collecting new dairy levy amounts or old dairy levy amounts and to take account of refunds and payments made in error.
(4) The contract may include provisions relating to assets and liabilities that are transferred to the body under the Dairy Industry Service Reform Act 2003. This subsection does not impliedly limit the matters that may be included in the contract. (5) This section does not impliedly limit the executive power of the Commonwealth to enter into agreements. (6) The Minister must cause a copy of the contract to be tabled in each House of the Parliament within 14 sitting days of that House after the day on which the contract was entered into. (7) If the contract is varied, the Minister must cause a copy of the contract as varied to be tabled in each House of the Parliament within 14 sitting days of that House after the variation occurred.
(1) The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth under section 5. Overall limit for dairy service payments (2) For dairy service payments, the total limit on the appropriation is the sum of: (a) the total amount of new dairy levy amounts; and (b) the total amount of old dairy levy amounts. Overall limit for matching payments (3) For matching payments, the total limit on the appropriation is the sum of: (a) the total amount of new dairy levy amounts; and (b) the total amount of old dairy levy amounts; and (c) amounts prescribed by the regulations. (3A) Subsection (3) does not apply if the eligible body is prescribed by the regulations as a body to which the subsection does not apply. Matching payments—retention limit (4) The matching payments made to the eligible body during a particular financial year are subject to the condition that, if: (a) before the end of 31 October next following the financial year, the Minister determines the amount of the gross value of whole milk produced in Australia in the financial year; and (b) as at the end of 31 October next following the financial year, the sum of the matching payments that were paid to the eligible body during the financial year exceeds the lesser of: (i) 0.5% of the amount of the gross value of whole milk produced in Australia in the financial year as determined by the Minister; and (ii) 50% of the amount spent by the eligible body in the financial year on activities that qualify, under the funding contract, as research and development activities; the eligible body will pay to the Commonwealth an amount equal to the excess.
Note: This ensures that the sum of the matching payments that are retained by the eligible body in relation to the financial year does not exceed the lesser of the amounts calculated under subparagraphs (b)(i) and (b)(ii).
(4A) If: (a) before the end of 31 October next following a financial year, the Minister has not determined under subsection (4) the amount of the gross value of whole milk produced in Australia in the financial year; and (b) the Minister has determined under subsection (4) the amount of the gross value of whole milk produced in Australia in the previous financial year; the Minister is taken to have made, immediately before the end of that 31 October, a determination under subsection (4) that the amount of the gross value of whole milk produced in Australia in the financial year is equal to the amount of the gross value of whole milk produced in Australia determined under subsection (4) for the previous financial year. (4B) An amount payable under subsection (4) by the eligible body: (a) is a debt due to the Commonwealth; and (b) may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction. (4C) A determination made under subsection (4) is not a legislative instrument. (5) For the purposes of subsection (4), the regulations may prescribe the manner in which the Minister is to determine the gross value of whole milk produced in Australia in a financial year. Matching payments—unmatched R&D excess (6) If there is an unmatched R&D excess for a financial year, the amount spent by the eligible body in the following financial year on activities that qualify, under the funding contract, as research and development activities is taken, for the purposes of this section (including for the purposes of this subsection and subsection (7)), to be increased by the amount of the unmatched R&D excess.
Note: This means that research and development expenditure that is not “50% matched” in one financial year because of the condition in subparagraph (4)(b)(i) can be carried forward into later years.
(7) For the purposes of subsection (6), there is an unmatched R&D excess for a financial year if: (a) the eligible body spends a particular amount (the R&D spend amount) in the financial year on activities that qualify, under the funding contract, as research and development activities; and (b) because of the operation of subparagraph (4)(b)(i), the net matching payments for the financial year are less than 50% of the R&D spend amount; and the amount of the unmatched R&D excess is: View image in the official source Set off (8) If: (a) an amount (the first amount) is payable by the eligible body under subsection (4); and (b) another amount (the second amount) is payable by the Commonwealth to the eligible body under the funding contract; the Minister may, on behalf of the Commonwealth, set off the whole or a part of the first amount against the whole or a part of the second amount. Net matching payments (9) For the purposes of this section, net matching payments for a financial year means the total of the matching payments made to the eligible body during the financial year, less the amount payable by the eligible body under subsection (4) as a condition of those matching payments.
(1) The Minister may, in writing, declare an eligible body to be the industry services body if: (a) the Commonwealth and the eligible body have entered into a funding contract; and (b) the Minister is satisfied that, if the body is so declared, it will comply with its obligations under the funding contract and this Act.
Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.
Declaration takes effect immediately (2) A declaration under this section takes effect immediately after it is made. Tabling in Parliament (3) The Minister must cause a copy of a declaration under this section to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the declaration is made.
(1) The industry services body must conduct a poll (the levy poll) about the amount of the dairy service levy if a request for the levy poll is made in accordance with the legislative instrument made under this section. (2) The industry services body must conduct the levy poll in accordance with the legislative instrument made under this section. (3) If the industry services body conducts a levy poll, the body must make recommendations to the Minister about the amount of the dairy service levy within the period specified in the legislative instrument made under this section. The recommendations must be made in accordance with the results of the levy poll. (4) The Minister may, by legislative instrument, make provision for, or in relation to, the following: (a) the making of a request for a levy poll; (b) the conduct of a levy poll; (c) the making of recommendations to the Minister about the amount of the dairy service levy. (5) Without limiting paragraph (4)(a), the legislative instrument may make provision for, or in relation to, the following: (a) the persons or bodies who may request a levy poll; (b) the circumstances in which a request for a levy poll may or must be made; (c) the form of a request for a levy poll. (6) Without limiting paragraph (4)(b), the legislative instrument must include provisions allocating votes to each dairy service levy payer.
(1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Part to: (a) the Secretary of the Department; or (b) an SES employee, or acting SES employee, in the Department. (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.
A document that appears to be a declaration or other document made or issued under this Part: (a) is taken to be such a declaration or other document; and (b) is taken to have been properly given; unless the contrary is established.
(1) A copy of each declaration made by the Minister under this Part must be published in the Gazette not later than the 14th day after the day on which the declaration is made. (2) Failure to comply with this section does not affect the validity of a declaration.
(1) The industry services body must, within 14 days of lodging a financial report (the annual report) mentioned in section 292 of the Corporations Act 2001, give the Minister a copy of the report. (2) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 14 sitting days of that House after the day on which the copy of the report was given to the Minister. (3) In addition to the matters mentioned in section 295 of the Corporations Act 2001, the annual report must include details of the following in relation to the financial year to which the report relates: (a) the amount of dairy service payments and matching payments made to the industry services body; (b) the amount of those payments that were spent; (c) outcomes as measured against objectives that apply in relation to the industry services body.
(1) The Minister must, as soon as practicable after the holding of each annual general meeting of the industry services body, cause to be tabled in each House of the Parliament a report in relation to the year ending on 30 June before the holding of that meeting. (2) The report must include the following in relation to that year: (a) a statement as to the amount of dairy service levy received by the Commonwealth; (b) a statement as to whether the Minister is satisfied, on the basis of information provided by the industry services body, that the spending of dairy service payments and matching payments complies with the funding contract; (c) if the Minister is not so satisfied—details of why the Minister is satisfied that the spending does not so comply.
(1) For the purposes of this section, for so long as the industry services body is in a position to control the operations of Asia Dairy Industries (H.K.) Limited, a company incorporated in Hong Kong, that company is taken to be the subsidiary company. (2) If: (a) the subsidiary company is wound‑up; and (b) the liabilities of the subsidiary company payable on the winding‑up are not able to be met in full from the assets of the subsidiary company; the industry services body is liable to meet those liabilities, to the extent that they are not able to be met out of the assets of the subsidiary company, as if the liabilities had been incurred by the industry services body. (3) Jurisdiction is conferred on the Federal Court and, subject to the Constitution, on the Supreme Courts of the Territories, and the Supreme Courts of the States are invested with federal jurisdiction, in respect of proceedings arising under subsection (2). (4) The jurisdiction with which a court of a State is invested by subsection (3) is invested within the limits of the jurisdiction of that court, not being limits as to locality.
(1) An authorised person may, by notice in writing, require a person to furnish to that authorised person, within the time specified in the notice, such return or information in relation to matters relevant to the operation of this Act as is specified in the notice, including a return or information verified by statutory declaration. (2) In this section:
this Act does not include Schedule 2.
(1) If: (a) it is necessary to determine the milk fat content of dairy produce for the purposes of a provision of: (i) this Act; or (ii) Schedule 6 to the Primary Industries (Excise) Levies Act 1999; or (iii) Schedule 4 to the Primary Industries (Customs) Charges Act 1999; or (iv) the old first Levy Act; or (v) the old second Levy Act; and (b) it is not practicable to determine the milk fat content of the dairy produce; the dairy produce is to be taken to have the prescribed milk fat content for dairy produce of that kind. (2) If: (a) it is necessary to determine the protein content of dairy produce for the purposes of a provision of: (i) this Act; or (ii) Schedule 6 to the Primary Industries (Excise) Levies Act 1999; or (iii) Schedule 4 to the Primary Industries (Customs) Charges Act 1999; or (iv) the old first Levy Act; or (v) the old second Levy Act; and (b) it is not practicable to determine the protein content of the dairy produce; the dairy produce is to be taken to have the prescribed protein content for dairy produce of that kind. (3) The prescribed milk fat content for dairy produce of a particular kind is: (a) the milk fat content prescribed in relation to that kind of dairy produce; or (b) the milk fat content prescribed in relation to a class of dairy produce that includes the particular kind. (4) The prescribed protein content for dairy produce of a particular kind is: (a) the protein content prescribed in relation to that kind of dairy produce; or (b) the protein content prescribed in relation to a class of dairy produce that includes the particular kind.
(1A) This section does not apply to: (a) Schedule 2; or (b) regulations made for the purposes of Schedule 2. (1) A person shall not refuse or fail to submit a return or provide information that is required by or under this Act or the regulations to be submitted or provided. (1B) Subsection (1) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (1B). See subsection 13.3(3) of the Criminal Code.
(2) A person is not excused from submitting a return or providing information that the person is required by or under this Act or the regulations to submit or provide on the ground that the return or information might tend to incriminate the person, but any return or information so submitted or provided is not admissible in evidence against the person in: (a) criminal proceedings other than proceedings for an offence against subsection (1) or (3). (3) A person shall not intentionally present a document, make a statement or submit a return, knowing that it is false or misleading in a material particular, to a person performing duties in relation to this Act.
Penalty:
(a) in the case of a natural person—imprisonment for 12 months or 20 penalty units, or both; or
(b) in the case of a body corporate—100 penalty units.
(1) An authorised person may, with the consent of the occupier of any premises, enter the premises for the purpose of performing the functions of an authorised person under this section. (2) Where an authorised person has reason to believe that: (a) premises are premises in which dairy produce is produced or stored; or (b) there are on those premises any examinable documents; the authorised person may make application to a Justice of the Peace for a warrant authorising the authorised person to enter the premises for the purpose of performing the functions of an authorised person under this section. (3) If, on an application under subsection (2), the Justice of the Peace is satisfied, by information on oath or affirmation: (a) that there is reasonable ground for believing that: (i) the premises to which the application relates are premises in which dairy produce is produced or stored; or (ii) there are on those premises any examinable documents; and (b) that the issue of the warrant is reasonably required for the purposes of this Act (other than Schedule 2); the Justice of the Peace may issue a warrant authorising the authorised person, with such assistance as the authorised person thinks necessary, to enter the premises, during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of performing the functions of an authorised person under this section. (4) A warrant under subsection (3) shall specify a day after which the warrant ceases to have effect. (5) Where an authorised person has entered any premises pursuant to subsection (1) or pursuant to a warrant issued under subsection (3), the authorised person may perform the functions of an authorised person under this section. (6) The functions of an authorised person under this section are: (a) to search for, examine and take stock of any dairy produce; and (b) to search for, inspect, take extracts from and make copies of any examinable documents. (7) In this section, examinable documents means: (a) any books, documents or papers relating to financial dealings between a manufacturer of dairy produce and persons who supply to the manufacturer the milk, cream or other substances from which that dairy produce is produced; (b) any books, documents or papers relating to the financial dealings between a manufacturer of dairy produce and the exporter or exporters of that dairy produce; or (c) any books, documents or papers relating to the production, storage, sale, purchase, import or export of dairy produce.
(1) This section applies to every person who is or has been an officer or an employee of the industry services body. (2) Subject to this section, a person to whom this section applies shall not, either directly or indirectly: (a) make a record of, or divulge or communicate to any person, any information concerning the affairs of a person acquired by that first‑mentioned person by reason of that first‑mentioned person’s office or employment with the industry services body and acquired under or for the purposes of this Act; or (b) produce to any person: (i) an application or other document given to the Australian Dairy Corporation by a manufacturer of dairy produce for the purpose of obtaining a market support payment under this Act as in force before the conversion time; or (ii) an application or other document given to that Corporation by a person for the purposes of section 99 of this Act as in force before the conversion time; or (iii) a return furnished to that Corporation by an exporter of dairy produce pursuant to section 110 of this Act as in force before the conversion time.
Penalty: Imprisonment for 12 months or 20 penalty units, or both.
(2A) Paragraph (2)(a) does not apply to protected information within the meaning of clause 43 of Schedule 2. (2B) Subsection (2) does not apply to the recording or disclosure of information, or the production of a document, for a purpose in connection with the administration of: (a) the DSAP scheme (within the meaning of Schedule 2); or (aa) the SDA scheme (within the meaning of Schedule 2); or (b) Schedule 2. (3) Subsection (2) does not apply to the disclosure of information, or the production of a document, to the Minister, or to the Secretary to the Department or an officer of the Department designated by the Secretary. (4) Subsection (2) does not prevent the industry services body from making public at any time any information of a statistical nature. (4A) Subsection (2) does not apply to conduct engaged in for the purposes of this Act or as otherwise required by law.
Note: The defendant bears an evidential burden in relation to the matters in subsections (2A), (2B), (3), (4) and (4A). See subsection 13.3(3) of the Criminal Code.
(5) A person to whom information is communicated under subsection (3) and an employee or other person under the control of that first‑mentioned person are, in respect of that information, entitled to rights and privileges, and subject to obligations and liabilities, under subsection (2) as if they were persons referred to in subsection (1). (6) An offence against subsection (2) is punishable on summary conviction. (7) In this section, produce includes permit access to.
(1) The Minister may, by writing signed by the Minister, appoint a person, or a person included in a class of persons, to be an authorised person for the purposes of this Act or of a specified provision of this Act. (2) In this section:
this Act does not include Schedule 2.
Schedule 2 has effect.
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act; and, in particular: (f) requiring producers, manufacturers or purchasers of dairy produce to keep records relating to the production of dairy produce by them and to the storage, sale, purchase, import or export of such dairy produce; and (g) requiring exporters of dairy produce to keep records relating to the export of dairy produce by them from Australia and to the storage, sale, production, import or export of such dairy produce.
(1) The Minister may give a written direction to the industry services body if: (a) the Minister: (i) is satisfied that the direction is in Australia’s national interest because of exceptional and urgent circumstances; and (ii) is satisfied that the direction would not require the body to incur expenses greater than amounts paid to the body under this Act; and (iii) has given the body’s directors an adequate opportunity, in accordance with any arrangements set out in the body’s funding contract, to discuss with the Minister the need for the proposed direction and the impact of compliance with subsection (3) on the body’s commercial activities; and (b) the direction is made for a purpose that is within the Commonwealth’s legislative power. (2) If the body is given a direction under subsection (1), it must comply with it. (3) Subject to subsection (4), if the Minister gives a direction to the body under subsection (1): (a) the Minister must cause a copy of the direction: (i) to be published in the Gazette as soon as practicable after giving the direction; and (ii) to be tabled in each House of the Parliament within 5 sitting days of that House after giving the direction; and (b) the annual reports of the body applicable to periods in which the direction has effect must include: (i) particulars of the direction; and (ii) an assessment of the impact that the direction has had on the operations of the body during the period. (4) Subsection (3) does not apply in relation to a particular direction if: (a) the Minister, on the recommendation of the industry services body, determines, in writing, that compliance with the subsection would, or would be likely to, prejudice the commercial activities of the body; or (b) the Minister determines, in writing, that compliance with the subsection would be contrary to the public interest. (5) The Minister is not to be taken to be a director of the industry services body for the purposes of the Corporations Act 2001 merely because of the power conferred on the Minister by this section. (6) The Commonwealth is not to be taken to be in a position to exercise control over the industry services body merely because of the power conferred on the Minister by this section.
An Act relating to the marketing and export of dairy produce and the collection of certain levies imposed in connection with the dairy industry, and for other purposes
This Act may be cited as the Dairy Produce Act 1986.
(1) Except as provided by subsections (2) and (3), this Act shall come into operation on 1 July 1986. (2) Sections 1 to 4 (inclusive), 28 to 32 (inclusive), 41 to 46 (inclusive) and 92 to 108, inclusive, shall come into operation on the day on which this Act receives the Royal Assent. (3) Subsections 10(3) to (8), inclusive, and 53(3) shall come into operation on 1 October 1986.
(1) In this Act, unless the contrary intention appears:
authorised person (except in Schedule 2) means a person appointed as an authorised person under section 120.
conversion time means the time when Schedule 1 to the Dairy Industry Service Reform Act 2003 commences.
Corporation levy means Corporation levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999 (as in force before the conversion time), and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.
Council means the association by the name of the Australian Dairy Industry Council Inc. that is incorporated under the Associations Incorporation Act 1981 of the State of Victoria.
dairy industry means industry in Australia that is concerned with the production, processing, manufacture, distribution and sale (whether for export or otherwise) of dairy produce.
dairy produce means:
(a) milk;
(b) cream; and
(c) such other products made from or containing milk or a constituent part of milk as are declared by the Minister by notice published in the Gazette to be dairy produce for the purposes of this Act.
dairy service levy means dairy service levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999.
dairy service payments means payments referred to in paragraph 5(1)(a).
Dairy Structural Adjustment Fund means the Dairy Structural Adjustment Fund established by clause 77 of Schedule 2.
eligible body means a body that is registered under the Corporations Act 2001 as a company limited by guarantee.
funding contract means a contract under section 5.
industry services body means the body declared as the industry services body under section 7.
Infrastructure Department means the Department administered by the Infrastructure Minister.
Infrastructure Minister means the Minister who administers the Infrastructure Australia Act 2008.
Levies and Charges Collection Act means the Primary Industries Levies and Charges Collection Act 1991.
matching payments means payments referred to in paragraph 5(1)(b).
milk means the lacteal fluid product of the dairy cow.
new dairy levy amounts means:
(a) amounts of dairy service levy received by the Commonwealth after the conversion time; and
(b) amounts received by the Commonwealth after the conversion time under section 7 of the Levies and Charges Collection Act in relation to dairy service levy; and
(c) amounts payable by way of penalty under section 15 of the Levies and Charges Collection Act in relation to dairy service levy that are received by the Commonwealth after the conversion time.
old dairy levy amounts means:
(a) amounts of Corporation levy, promotion levy or research levy received by the Commonwealth after the conversion time; and
(b) amounts received by the Commonwealth after the conversion time under section 7 of the Levies and Charges Collection Act in relation to Corporation levy, promotion levy or research levy; and
(c) amounts of Corporation levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 71 of this Act before the conversion time; and
(d) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to Corporation levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 71 of this Act before the conversion time; and
(e) amounts of promotion levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 90 of this Act before the conversion time; and
(f) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to promotion levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 90 of this Act before the conversion time; and
(g) amounts of research levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 30 of the Primary Industries Research and Development Act 1989 before the conversion time; and
(h) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to research levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 30 of the Primary Industries Research and Development Act 1989 before the conversion time; and
(i) amounts payable to the Dairy Research and Development Corporation under paragraph 30(1)(b) of the Primary Industries Research and Development Act 1989 before the conversion time, but not paid out of the Consolidated Revenue Fund under that Act before the conversion time.
old first Levy Act means the repealed Dairy Produce Levy (No. 1) Act 1986.
old second Levy Act means the repealed Dairy Produce Levy (No. 2) Act 1986.
promotion levy means promotion levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999 (as in force before the conversion time), and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.
relevant dairy produce has the same meaning as in Schedule 6 to the Primary Industries (Excise) Levies Act 1999.
research levy means research levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999 (as in force before the conversion time), and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.
(3) Subject to this Act, words and expressions used in this Act have the same meaning as they have for the purposes of Schedule 6 to the Primary Industries (Excise) Levies Act 1999.
(1) This Act binds the Crown in right of the Commonwealth and of each of the States and Territories. (2) Nothing in this Act renders the Crown in right of the Commonwealth or of a State or Territory liable to be prosecuted for an offence against, or arising under, this Act.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(1) The Minister may, on behalf of the Commonwealth, enter into a contract with an eligible body that provides for the Commonwealth to make payments of the following kinds to the body: (a) payments referred to as dairy service payments; (b) payments made in respect of particular financial years, referred to as matching payments.
Note: After a contract has been entered into, the eligible body can be declared as the industry services body under section 7.
(2) Before entering into the contract, the Minister must be satisfied that the terms of the contract make adequate provision to ensure that: (a) dairy service payments are spent by the body on marketing, promotion, strategic policy development, research and development activities or other activities, for the benefit of the Australian dairy industry; and (b) matching payments are spent by the body on: (i) research and development activities for the benefit of the Australian dairy industry and the Australian community generally; and (ii) making payments to the Commonwealth under subsection 6(4). (3) The contract does not have to oblige the Commonwealth to pay the full amounts that could be paid out of the money appropriated under section 6.
Note: For example, the contract may provide for payments less than the limits specified in section 6 to take account of the costs of collecting new dairy levy amounts or old dairy levy amounts and to take account of refunds and payments made in error.
(4) The contract may include provisions relating to assets and liabilities that are transferred to the body under the Dairy Industry Service Reform Act 2003. This subsection does not impliedly limit the matters that may be included in the contract. (5) This section does not impliedly limit the executive power of the Commonwealth to enter into agreements. (6) The Minister must cause a copy of the contract to be tabled in each House of the Parliament within 14 sitting days of that House after the day on which the contract was entered into. (7) If the contract is varied, the Minister must cause a copy of the contract as varied to be tabled in each House of the Parliament within 14 sitting days of that House after the variation occurred.
(1) The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth under section 5. Overall limit for dairy service payments (2) For dairy service payments, the total limit on the appropriation is the sum of: (a) the total amount of new dairy levy amounts; and (b) the total amount of old dairy levy amounts. Overall limit for matching payments (3) For matching payments, the total limit on the appropriation is the sum of: (a) the total amount of new dairy levy amounts; and (b) the total amount of old dairy levy amounts; and (c) amounts prescribed by the regulations. (3A) Subsection (3) does not apply if the eligible body is prescribed by the regulations as a body to which the subsection does not apply. Matching payments—retention limit (4) The matching payments made to the eligible body during a particular financial year are subject to the condition that, if: (a) before the end of 31 October next following the financial year, the Minister determines the amount of the gross value of whole milk produced in Australia in the financial year; and (b) as at the end of 31 October next following the financial year, the sum of the matching payments that were paid to the eligible body during the financial year exceeds the lesser of: (i) 0.5% of the amount of the gross value of whole milk produced in Australia in the financial year as determined by the Minister; and (ii) 50% of the amount spent by the eligible body in the financial year on activities that qualify, under the funding contract, as research and development activities; the eligible body will pay to the Commonwealth an amount equal to the excess.
Note: This ensures that the sum of the matching payments that are retained by the eligible body in relation to the financial year does not exceed the lesser of the amounts calculated under subparagraphs (b)(i) and (b)(ii).
(4A) If: (a) before the end of 31 October next following a financial year, the Minister has not determined under subsection (4) the amount of the gross value of whole milk produced in Australia in the financial year; and (b) the Minister has determined under subsection (4) the amount of the gross value of whole milk produced in Australia in the previous financial year; the Minister is taken to have made, immediately before the end of that 31 October, a determination under subsection (4) that the amount of the gross value of whole milk produced in Australia in the financial year is equal to the amount of the gross value of whole milk produced in Australia determined under subsection (4) for the previous financial year. (4B) An amount payable under subsection (4) by the eligible body: (a) is a debt due to the Commonwealth; and (b) may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction. (4C) A determination made under subsection (4) is not a legislative instrument. (5) For the purposes of subsection (4), the regulations may prescribe the manner in which the Minister is to determine the gross value of whole milk produced in Australia in a financial year. Matching payments—unmatched R&D excess (6) If there is an unmatched R&D excess for a financial year, the amount spent by the eligible body in the following financial year on activities that qualify, under the funding contract, as research and development activities is taken, for the purposes of this section (including for the purposes of this subsection and subsection (7)), to be increased by the amount of the unmatched R&D excess.
Note: This means that research and development expenditure that is not “50% matched” in one financial year because of the condition in subparagraph (4)(b)(i) can be carried forward into later years.
(7) For the purposes of subsection (6), there is an unmatched R&D excess for a financial year if: (a) the eligible body spends a particular amount (the R&D spend amount) in the financial year on activities that qualify, under the funding contract, as research and development activities; and (b) because of the operation of subparagraph (4)(b)(i), the net matching payments for the financial year are less than 50% of the R&D spend amount; and the amount of the unmatched R&D excess is: View image in the official source Set off (8) If: (a) an amount (the first amount) is payable by the eligible body under subsection (4); and (b) another amount (the second amount) is payable by the Commonwealth to the eligible body under the funding contract; the Minister may, on behalf of the Commonwealth, set off the whole or a part of the first amount against the whole or a part of the second amount. Net matching payments (9) For the purposes of this section, net matching payments for a financial year means the total of the matching payments made to the eligible body during the financial year, less the amount payable by the eligible body under subsection (4) as a condition of those matching payments.
(1) The Minister may, in writing, declare an eligible body to be the industry services body if: (a) the Commonwealth and the eligible body have entered into a funding contract; and (b) the Minister is satisfied that, if the body is so declared, it will comply with its obligations under the funding contract and this Act.
Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.
Declaration takes effect immediately (2) A declaration under this section takes effect immediately after it is made. Tabling in Parliament (3) The Minister must cause a copy of a declaration under this section to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the declaration is made.
(1) The industry services body must conduct a poll (the levy poll) about the amount of the dairy service levy if a request for the levy poll is made in accordance with the legislative instrument made under this section. (2) The industry services body must conduct the levy poll in accordance with the legislative instrument made under this section. (3) If the industry services body conducts a levy poll, the body must make recommendations to the Minister about the amount of the dairy service levy within the period specified in the legislative instrument made under this section. The recommendations must be made in accordance with the results of the levy poll. (4) The Minister may, by legislative instrument, make provision for, or in relation to, the following: (a) the making of a request for a levy poll; (b) the conduct of a levy poll; (c) the making of recommendations to the Minister about the amount of the dairy service levy. (5) Without limiting paragraph (4)(a), the legislative instrument may make provision for, or in relation to, the following: (a) the persons or bodies who may request a levy poll; (b) the circumstances in which a request for a levy poll may or must be made; (c) the form of a request for a levy poll. (6) Without limiting paragraph (4)(b), the legislative instrument must include provisions allocating votes to each dairy service levy payer.
(1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Part to: (a) the Secretary of the Department; or (b) an SES employee, or acting SES employee, in the Department. (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.
A document that appears to be a declaration or other document made or issued under this Part: (a) is taken to be such a declaration or other document; and (b) is taken to have been properly given; unless the contrary is established.
(1) A copy of each declaration made by the Minister under this Part must be published in the Gazette not later than the 14th day after the day on which the declaration is made. (2) Failure to comply with this section does not affect the validity of a declaration.
(1) The industry services body must, within 14 days of lodging a financial report (the annual report) mentioned in section 292 of the Corporations Act 2001, give the Minister a copy of the report. (2) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 14 sitting days of that House after the day on which the copy of the report was given to the Minister. (3) In addition to the matters mentioned in section 295 of the Corporations Act 2001, the annual report must include details of the following in relation to the financial year to which the report relates: (a) the amount of dairy service payments and matching payments made to the industry services body; (b) the amount of those payments that were spent; (c) outcomes as measured against objectives that apply in relation to the industry services body.
(1) The Minister must, as soon as practicable after the holding of each annual general meeting of the industry services body, cause to be tabled in each House of the Parliament a report in relation to the year ending on 30 June before the holding of that meeting. (2) The report must include the following in relation to that year: (a) a statement as to the amount of dairy service levy received by the Commonwealth; (b) a statement as to whether the Minister is satisfied, on the basis of information provided by the industry services body, that the spending of dairy service payments and matching payments complies with the funding contract; (c) if the Minister is not so satisfied—details of why the Minister is satisfied that the spending does not so comply.
(1) For the purposes of this section, for so long as the industry services body is in a position to control the operations of Asia Dairy Industries (H.K.) Limited, a company incorporated in Hong Kong, that company is taken to be the subsidiary company. (2) If: (a) the subsidiary company is wound‑up; and (b) the liabilities of the subsidiary company payable on the winding‑up are not able to be met in full from the assets of the subsidiary company; the industry services body is liable to meet those liabilities, to the extent that they are not able to be met out of the assets of the subsidiary company, as if the liabilities had been incurred by the industry services body. (3) Jurisdiction is conferred on the Federal Court and, subject to the Constitution, on the Supreme Courts of the Territories, and the Supreme Courts of the States are invested with federal jurisdiction, in respect of proceedings arising under subsection (2). (4) The jurisdiction with which a court of a State is invested by subsection (3) is invested within the limits of the jurisdiction of that court, not being limits as to locality.
(1) An authorised person may, by notice in writing, require a person to furnish to that authorised person, within the time specified in the notice, such return or information in relation to matters relevant to the operation of this Act as is specified in the notice, including a return or information verified by statutory declaration. (2) In this section:
this Act does not include Schedule 2.
(1) If: (a) it is necessary to determine the milk fat content of dairy produce for the purposes of a provision of: (i) this Act; or (ii) Schedule 6 to the Primary Industries (Excise) Levies Act 1999; or (iii) Schedule 4 to the Primary Industries (Customs) Charges Act 1999; or (iv) the old first Levy Act; or (v) the old second Levy Act; and (b) it is not practicable to determine the milk fat content of the dairy produce; the dairy produce is to be taken to have the prescribed milk fat content for dairy produce of that kind. (2) If: (a) it is necessary to determine the protein content of dairy produce for the purposes of a provision of: (i) this Act; or (ii) Schedule 6 to the Primary Industries (Excise) Levies Act 1999; or (iii) Schedule 4 to the Primary Industries (Customs) Charges Act 1999; or (iv) the old first Levy Act; or (v) the old second Levy Act; and (b) it is not practicable to determine the protein content of the dairy produce; the dairy produce is to be taken to have the prescribed protein content for dairy produce of that kind. (3) The prescribed milk fat content for dairy produce of a particular kind is: (a) the milk fat content prescribed in relation to that kind of dairy produce; or (b) the milk fat content prescribed in relation to a class of dairy produce that includes the particular kind. (4) The prescribed protein content for dairy produce of a particular kind is: (a) the protein content prescribed in relation to that kind of dairy produce; or (b) the protein content prescribed in relation to a class of dairy produce that includes the particular kind.
(1A) This section does not apply to: (a) Schedule 2; or (b) regulations made for the purposes of Schedule 2. (1) A person shall not refuse or fail to submit a return or provide information that is required by or under this Act or the regulations to be submitted or provided. (1B) Subsection (1) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (1B). See subsection 13.3(3) of the Criminal Code.
(2) A person is not excused from submitting a return or providing information that the person is required by or under this Act or the regulations to submit or provide on the ground that the return or information might tend to incriminate the person, but any return or information so submitted or provided is not admissible in evidence against the person in: (a) criminal proceedings other than proceedings for an offence against subsection (1) or (3). (3) A person shall not intentionally present a document, make a statement or submit a return, knowing that it is false or misleading in a material particular, to a person performing duties in relation to this Act.
Penalty:
(a) in the case of a natural person—imprisonment for 12 months or 20 penalty units, or both; or
(b) in the case of a body corporate—100 penalty units.
(1) An authorised person may, with the consent of the occupier of any premises, enter the premises for the purpose of performing the functions of an authorised person under this section. (2) Where an authorised person has reason to believe that: (a) premises are premises in which dairy produce is produced or stored; or (b) there are on those premises any examinable documents; the authorised person may make application to a Justice of the Peace for a warrant authorising the authorised person to enter the premises for the purpose of performing the functions of an authorised person under this section. (3) If, on an application under subsection (2), the Justice of the Peace is satisfied, by information on oath or affirmation: (a) that there is reasonable ground for believing that: (i) the premises to which the application relates are premises in which dairy produce is produced or stored; or (ii) there are on those premises any examinable documents; and (b) that the issue of the warrant is reasonably required for the purposes of this Act (other than Schedule 2); the Justice of the Peace may issue a warrant authorising the authorised person, with such assistance as the authorised person thinks necessary, to enter the premises, during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of performing the functions of an authorised person under this section. (4) A warrant under subsection (3) shall specify a day after which the warrant ceases to have effect. (5) Where an authorised person has entered any premises pursuant to subsection (1) or pursuant to a warrant issued under subsection (3), the authorised person may perform the functions of an authorised person under this section. (6) The functions of an authorised person under this section are: (a) to search for, examine and take stock of any dairy produce; and (b) to search for, inspect, take extracts from and make copies of any examinable documents. (7) In this section, examinable documents means: (a) any books, documents or papers relating to financial dealings between a manufacturer of dairy produce and persons who supply to the manufacturer the milk, cream or other substances from which that dairy produce is produced; (b) any books, documents or papers relating to the financial dealings between a manufacturer of dairy produce and the exporter or exporters of that dairy produce; or (c) any books, documents or papers relating to the production, storage, sale, purchase, import or export of dairy produce.
(1) This section applies to every person who is or has been an officer or an employee of the industry services body. (2) Subject to this section, a person to whom this section applies shall not, either directly or indirectly: (a) make a record of, or divulge or communicate to any person, any information concerning the affairs of a person acquired by that first‑mentioned person by reason of that first‑mentioned person’s office or employment with the industry services body and acquired under or for the purposes of this Act; or (b) produce to any person: (i) an application or other document given to the Australian Dairy Corporation by a manufacturer of dairy produce for the purpose of obtaining a market support payment under this Act as in force before the conversion time; or (ii) an application or other document given to that Corporation by a person for the purposes of section 99 of this Act as in force before the conversion time; or (iii) a return furnished to that Corporation by an exporter of dairy produce pursuant to section 110 of this Act as in force before the conversion time.
Penalty: Imprisonment for 12 months or 20 penalty units, or both.
(2A) Paragraph (2)(a) does not apply to protected information within the meaning of clause 43 of Schedule 2. (2B) Subsection (2) does not apply to the recording or disclosure of information, or the production of a document, for a purpose in connection with the administration of: (a) the DSAP scheme (within the meaning of Schedule 2); or (aa) the SDA scheme (within the meaning of Schedule 2); or (b) Schedule 2. (3) Subsection (2) does not apply to the disclosure of information, or the production of a document, to the Minister, or to the Secretary to the Department or an officer of the Department designated by the Secretary. (4) Subsection (2) does not prevent the industry services body from making public at any time any information of a statistical nature. (4A) Subsection (2) does not apply to conduct engaged in for the purposes of this Act or as otherwise required by law.
Note: The defendant bears an evidential burden in relation to the matters in subsections (2A), (2B), (3), (4) and (4A). See subsection 13.3(3) of the Criminal Code.
(5) A person to whom information is communicated under subsection (3) and an employee or other person under the control of that first‑mentioned person are, in respect of that information, entitled to rights and privileges, and subject to obligations and liabilities, under subsection (2) as if they were persons referred to in subsection (1). (6) An offence against subsection (2) is punishable on summary conviction. (7) In this section, produce includes permit access to.
(1) The Minister may, by writing signed by the Minister, appoint a person, or a person included in a class of persons, to be an authorised person for the purposes of this Act or of a specified provision of this Act. (2) In this section:
this Act does not include Schedule 2.
Schedule 2 has effect.
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act; and, in particular: (f) requiring producers, manufacturers or purchasers of dairy produce to keep records relating to the production of dairy produce by them and to the storage, sale, purchase, import or export of such dairy produce; and (g) requiring exporters of dairy produce to keep records relating to the export of dairy produce by them from Australia and to the storage, sale, production, import or export of such dairy produce.
(1) The Minister may give a written direction to the industry services body if: (a) the Minister: (i) is satisfied that the direction is in Australia’s national interest because of exceptional and urgent circumstances; and (ii) is satisfied that the direction would not require the body to incur expenses greater than amounts paid to the body under this Act; and (iii) has given the body’s directors an adequate opportunity, in accordance with any arrangements set out in the body’s funding contract, to discuss with the Minister the need for the proposed direction and the impact of compliance with subsection (3) on the body’s commercial activities; and (b) the direction is made for a purpose that is within the Commonwealth’s legislative power. (2) If the body is given a direction under subsection (1), it must comply with it. (3) Subject to subsection (4), if the Minister gives a direction to the body under subsection (1): (a) the Minister must cause a copy of the direction: (i) to be published in the Gazette as soon as practicable after giving the direction; and (ii) to be tabled in each House of the Parliament within 5 sitting days of that House after giving the direction; and (b) the annual reports of the body applicable to periods in which the direction has effect must include: (i) particulars of the direction; and (ii) an assessment of the impact that the direction has had on the operations of the body during the period. (4) Subsection (3) does not apply in relation to a particular direction if: (a) the Minister, on the recommendation of the industry services body, determines, in writing, that compliance with the subsection would, or would be likely to, prejudice the commercial activities of the body; or (b) the Minister determines, in writing, that compliance with the subsection would be contrary to the public interest. (5) The Minister is not to be taken to be a director of the industry services body for the purposes of the Corporations Act 2001 merely because of the power conferred on the Minister by this section. (6) The Commonwealth is not to be taken to be in a position to exercise control over the industry services body merely because of the power conferred on the Minister by this section.
(1) The Minister may, on behalf of the Commonwealth, enter into a contract with an eligible body that provides for the Commonwealth to make payments of the following kinds to the body: (a) payments referred to as dairy service payments; (b) payments made in respect of particular financial years, referred to as matching payments.
Note: After a contract has been entered into, the eligible body can be declared as the industry services body under section 7.
(2) Before entering into the contract, the Minister must be satisfied that the terms of the contract make adequate provision to ensure that: (a) dairy service payments are spent by the body on marketing, promotion, strategic policy development, research and development activities or other activities, for the benefit of the Australian dairy industry; and (b) matching payments are spent by the body on: (i) research and development activities for the benefit of the Australian dairy industry and the Australian community generally; and (ii) making payments to the Commonwealth under subsection 6(4). (3) The contract does not have to oblige the Commonwealth to pay the full amounts that could be paid out of the money appropriated under section 6.
Note: For example, the contract may provide for payments less than the limits specified in section 6 to take account of the costs of collecting new dairy levy amounts or old dairy levy amounts and to take account of refunds and payments made in error.
(4) The contract may include provisions relating to assets and liabilities that are transferred to the body under the Dairy Industry Service Reform Act 2003. This subsection does not impliedly limit the matters that may be included in the contract. (5) This section does not impliedly limit the executive power of the Commonwealth to enter into agreements. (6) The Minister must cause a copy of the contract to be tabled in each House of the Parliament within 14 sitting days of that House after the day on which the contract was entered into. (7) If the contract is varied, the Minister must cause a copy of the contract as varied to be tabled in each House of the Parliament within 14 sitting days of that House after the variation occurred.
(1) The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth under section 5. Overall limit for dairy service payments (2) For dairy service payments, the total limit on the appropriation is the sum of: (a) the total amount of new dairy levy amounts; and (b) the total amount of old dairy levy amounts. Overall limit for matching payments (3) For matching payments, the total limit on the appropriation is the sum of: (a) the total amount of new dairy levy amounts; and (b) the total amount of old dairy levy amounts; and (c) amounts prescribed by the regulations. (3A) Subsection (3) does not apply if the eligible body is prescribed by the regulations as a body to which the subsection does not apply. Matching payments—retention limit (4) The matching payments made to the eligible body during a particular financial year are subject to the condition that, if: (a) before the end of 31 October next following the financial year, the Minister determines the amount of the gross value of whole milk produced in Australia in the financial year; and (b) as at the end of 31 October next following the financial year, the sum of the matching payments that were paid to the eligible body during the financial year exceeds the lesser of: (i) 0.5% of the amount of the gross value of whole milk produced in Australia in the financial year as determined by the Minister; and (ii) 50% of the amount spent by the eligible body in the financial year on activities that qualify, under the funding contract, as research and development activities; the eligible body will pay to the Commonwealth an amount equal to the excess.
Note: This ensures that the sum of the matching payments that are retained by the eligible body in relation to the financial year does not exceed the lesser of the amounts calculated under subparagraphs (b)(i) and (b)(ii).
(4A) If: (a) before the end of 31 October next following a financial year, the Minister has not determined under subsection (4) the amount of the gross value of whole milk produced in Australia in the financial year; and (b) the Minister has determined under subsection (4) the amount of the gross value of whole milk produced in Australia in the previous financial year; the Minister is taken to have made, immediately before the end of that 31 October, a determination under subsection (4) that the amount of the gross value of whole milk produced in Australia in the financial year is equal to the amount of the gross value of whole milk produced in Australia determined under subsection (4) for the previous financial year. (4B) An amount payable under subsection (4) by the eligible body: (a) is a debt due to the Commonwealth; and (b) may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction. (4C) A determination made under subsection (4) is not a legislative instrument. (5) For the purposes of subsection (4), the regulations may prescribe the manner in which the Minister is to determine the gross value of whole milk produced in Australia in a financial year. Matching payments—unmatched R&D excess (6) If there is an unmatched R&D excess for a financial year, the amount spent by the eligible body in the following financial year on activities that qualify, under the funding contract, as research and development activities is taken, for the purposes of this section (including for the purposes of this subsection and subsection (7)), to be increased by the amount of the unmatched R&D excess.
Note: This means that research and development expenditure that is not “50% matched” in one financial year because of the condition in subparagraph (4)(b)(i) can be carried forward into later years.
(7) For the purposes of subsection (6), there is an unmatched R&D excess for a financial year if: (a) the eligible body spends a particular amount (the R&D spend amount) in the financial year on activities that qualify, under the funding contract, as research and development activities; and (b) because of the operation of subparagraph (4)(b)(i), the net matching payments for the financial year are less than 50% of the R&D spend amount; and the amount of the unmatched R&D excess is: View image in the official source Set off (8) If: (a) an amount (the first amount) is payable by the eligible body under subsection (4); and (b) another amount (the second amount) is payable by the Commonwealth to the eligible body under the funding contract; the Minister may, on behalf of the Commonwealth, set off the whole or a part of the first amount against the whole or a part of the second amount. Net matching payments (9) For the purposes of this section, net matching payments for a financial year means the total of the matching payments made to the eligible body during the financial year, less the amount payable by the eligible body under subsection (4) as a condition of those matching payments.
An Act relating to the marketing and export of dairy produce and the collection of certain levies imposed in connection with the dairy industry, and for other purposes
This Act may be cited as the Dairy Produce Act 1986.
(1) Except as provided by subsections (2) and (3), this Act shall come into operation on 1 July 1986. (2) Sections 1 to 4 (inclusive), 28 to 32 (inclusive), 41 to 46 (inclusive) and 92 to 108, inclusive, shall come into operation on the day on which this Act receives the Royal Assent. (3) Subsections 10(3) to (8), inclusive, and 53(3) shall come into operation on 1 October 1986.
(1) In this Act, unless the contrary intention appears:
authorised person (except in Schedule 2) means a person appointed as an authorised person under section 120.
conversion time means the time when Schedule 1 to the Dairy Industry Service Reform Act 2003 commences.
Corporation levy means Corporation levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999 (as in force before the conversion time), and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.
Council means the association by the name of the Australian Dairy Industry Council Inc. that is incorporated under the Associations Incorporation Act 1981 of the State of Victoria.
dairy industry means industry in Australia that is concerned with the production, processing, manufacture, distribution and sale (whether for export or otherwise) of dairy produce.
dairy produce means:
(a) milk;
(b) cream; and
(c) such other products made from or containing milk or a constituent part of milk as are declared by the Minister by notice published in the Gazette to be dairy produce for the purposes of this Act.
dairy service levy means dairy service levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999.
dairy service payments means payments referred to in paragraph 5(1)(a).
Dairy Structural Adjustment Fund means the Dairy Structural Adjustment Fund established by clause 77 of Schedule 2.
eligible body means a body that is registered under the Corporations Act 2001 as a company limited by guarantee.
funding contract means a contract under section 5.
industry services body means the body declared as the industry services body under section 7.
Infrastructure Department means the Department administered by the Infrastructure Minister.
Infrastructure Minister means the Minister who administers the Infrastructure Australia Act 2008.
Levies and Charges Collection Act means the Primary Industries Levies and Charges Collection Act 1991.
matching payments means payments referred to in paragraph 5(1)(b).
milk means the lacteal fluid product of the dairy cow.
new dairy levy amounts means:
(a) amounts of dairy service levy received by the Commonwealth after the conversion time; and
(b) amounts received by the Commonwealth after the conversion time under section 7 of the Levies and Charges Collection Act in relation to dairy service levy; and
(c) amounts payable by way of penalty under section 15 of the Levies and Charges Collection Act in relation to dairy service levy that are received by the Commonwealth after the conversion time.
old dairy levy amounts means:
(a) amounts of Corporation levy, promotion levy or research levy received by the Commonwealth after the conversion time; and
(b) amounts received by the Commonwealth after the conversion time under section 7 of the Levies and Charges Collection Act in relation to Corporation levy, promotion levy or research levy; and
(c) amounts of Corporation levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 71 of this Act before the conversion time; and
(d) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to Corporation levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 71 of this Act before the conversion time; and
(e) amounts of promotion levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 90 of this Act before the conversion time; and
(f) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to promotion levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 90 of this Act before the conversion time; and
(g) amounts of research levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 30 of the Primary Industries Research and Development Act 1989 before the conversion time; and
(h) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to research levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 30 of the Primary Industries Research and Development Act 1989 before the conversion time; and
(i) amounts payable to the Dairy Research and Development Corporation under paragraph 30(1)(b) of the Primary Industries Research and Development Act 1989 before the conversion time, but not paid out of the Consolidated Revenue Fund under that Act before the conversion time.
old first Levy Act means the repealed Dairy Produce Levy (No. 1) Act 1986.
old second Levy Act means the repealed Dairy Produce Levy (No. 2) Act 1986.
promotion levy means promotion levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999 (as in force before the conversion time), and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.
relevant dairy produce has the same meaning as in Schedule 6 to the Primary Industries (Excise) Levies Act 1999.
research levy means research levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999 (as in force before the conversion time), and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.
(3) Subject to this Act, words and expressions used in this Act have the same meaning as they have for the purposes of Schedule 6 to the Primary Industries (Excise) Levies Act 1999.
(1) This Act binds the Crown in right of the Commonwealth and of each of the States and Territories. (2) Nothing in this Act renders the Crown in right of the Commonwealth or of a State or Territory liable to be prosecuted for an offence against, or arising under, this Act.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(1) The Minister may, on behalf of the Commonwealth, enter into a contract with an eligible body that provides for the Commonwealth to make payments of the following kinds to the body: (a) payments referred to as dairy service payments; (b) payments made in respect of particular financial years, referred to as matching payments.
Note: After a contract has been entered into, the eligible body can be declared as the industry services body under section 7.
(2) Before entering into the contract, the Minister must be satisfied that the terms of the contract make adequate provision to ensure that: (a) dairy service payments are spent by the body on marketing, promotion, strategic policy development, research and development activities or other activities, for the benefit of the Australian dairy industry; and (b) matching payments are spent by the body on: (i) research and development activities for the benefit of the Australian dairy industry and the Australian community generally; and (ii) making payments to the Commonwealth under subsection 6(4). (3) The contract does not have to oblige the Commonwealth to pay the full amounts that could be paid out of the money appropriated under section 6.
Note: For example, the contract may provide for payments less than the limits specified in section 6 to take account of the costs of collecting new dairy levy amounts or old dairy levy amounts and to take account of refunds and payments made in error.
(4) The contract may include provisions relating to assets and liabilities that are transferred to the body under the Dairy Industry Service Reform Act 2003. This subsection does not impliedly limit the matters that may be included in the contract. (5) This section does not impliedly limit the executive power of the Commonwealth to enter into agreements. (6) The Minister must cause a copy of the contract to be tabled in each House of the Parliament within 14 sitting days of that House after the day on which the contract was entered into. (7) If the contract is varied, the Minister must cause a copy of the contract as varied to be tabled in each House of the Parliament within 14 sitting days of that House after the variation occurred.
(1) The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth under section 5. Overall limit for dairy service payments (2) For dairy service payments, the total limit on the appropriation is the sum of: (a) the total amount of new dairy levy amounts; and (b) the total amount of old dairy levy amounts. Overall limit for matching payments (3) For matching payments, the total limit on the appropriation is the sum of: (a) the total amount of new dairy levy amounts; and (b) the total amount of old dairy levy amounts; and (c) amounts prescribed by the regulations. (3A) Subsection (3) does not apply if the eligible body is prescribed by the regulations as a body to which the subsection does not apply. Matching payments—retention limit (4) The matching payments made to the eligible body during a particular financial year are subject to the condition that, if: (a) before the end of 31 October next following the financial year, the Minister determines the amount of the gross value of whole milk produced in Australia in the financial year; and (b) as at the end of 31 October next following the financial year, the sum of the matching payments that were paid to the eligible body during the financial year exceeds the lesser of: (i) 0.5% of the amount of the gross value of whole milk produced in Australia in the financial year as determined by the Minister; and (ii) 50% of the amount spent by the eligible body in the financial year on activities that qualify, under the funding contract, as research and development activities; the eligible body will pay to the Commonwealth an amount equal to the excess.
Note: This ensures that the sum of the matching payments that are retained by the eligible body in relation to the financial year does not exceed the lesser of the amounts calculated under subparagraphs (b)(i) and (b)(ii).
(4A) If: (a) before the end of 31 October next following a financial year, the Minister has not determined under subsection (4) the amount of the gross value of whole milk produced in Australia in the financial year; and (b) the Minister has determined under subsection (4) the amount of the gross value of whole milk produced in Australia in the previous financial year; the Minister is taken to have made, immediately before the end of that 31 October, a determination under subsection (4) that the amount of the gross value of whole milk produced in Australia in the financial year is equal to the amount of the gross value of whole milk produced in Australia determined under subsection (4) for the previous financial year. (4B) An amount payable under subsection (4) by the eligible body: (a) is a debt due to the Commonwealth; and (b) may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction. (4C) A determination made under subsection (4) is not a legislative instrument. (5) For the purposes of subsection (4), the regulations may prescribe the manner in which the Minister is to determine the gross value of whole milk produced in Australia in a financial year. Matching payments—unmatched R&D excess (6) If there is an unmatched R&D excess for a financial year, the amount spent by the eligible body in the following financial year on activities that qualify, under the funding contract, as research and development activities is taken, for the purposes of this section (including for the purposes of this subsection and subsection (7)), to be increased by the amount of the unmatched R&D excess.
Note: This means that research and development expenditure that is not “50% matched” in one financial year because of the condition in subparagraph (4)(b)(i) can be carried forward into later years.
(7) For the purposes of subsection (6), there is an unmatched R&D excess for a financial year if: (a) the eligible body spends a particular amount (the R&D spend amount) in the financial year on activities that qualify, under the funding contract, as research and development activities; and (b) because of the operation of subparagraph (4)(b)(i), the net matching payments for the financial year are less than 50% of the R&D spend amount; and the amount of the unmatched R&D excess is: View image in the official source Set off (8) If: (a) an amount (the first amount) is payable by the eligible body under subsection (4); and (b) another amount (the second amount) is payable by the Commonwealth to the eligible body under the funding contract; the Minister may, on behalf of the Commonwealth, set off the whole or a part of the first amount against the whole or a part of the second amount. Net matching payments (9) For the purposes of this section, net matching payments for a financial year means the total of the matching payments made to the eligible body during the financial year, less the amount payable by the eligible body under subsection (4) as a condition of those matching payments.
(1) The Minister may, in writing, declare an eligible body to be the industry services body if: (a) the Commonwealth and the eligible body have entered into a funding contract; and (b) the Minister is satisfied that, if the body is so declared, it will comply with its obligations under the funding contract and this Act.
Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.
Declaration takes effect immediately (2) A declaration under this section takes effect immediately after it is made. Tabling in Parliament (3) The Minister must cause a copy of a declaration under this section to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the declaration is made.
(1) The industry services body must conduct a poll (the levy poll) about the amount of the dairy service levy if a request for the levy poll is made in accordance with the legislative instrument made under this section. (2) The industry services body must conduct the levy poll in accordance with the legislative instrument made under this section. (3) If the industry services body conducts a levy poll, the body must make recommendations to the Minister about the amount of the dairy service levy within the period specified in the legislative instrument made under this section. The recommendations must be made in accordance with the results of the levy poll. (4) The Minister may, by legislative instrument, make provision for, or in relation to, the following: (a) the making of a request for a levy poll; (b) the conduct of a levy poll; (c) the making of recommendations to the Minister about the amount of the dairy service levy. (5) Without limiting paragraph (4)(a), the legislative instrument may make provision for, or in relation to, the following: (a) the persons or bodies who may request a levy poll; (b) the circumstances in which a request for a levy poll may or must be made; (c) the form of a request for a levy poll. (6) Without limiting paragraph (4)(b), the legislative instrument must include provisions allocating votes to each dairy service levy payer.
(1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Part to: (a) the Secretary of the Department; or (b) an SES employee, or acting SES employee, in the Department. (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.
A document that appears to be a declaration or other document made or issued under this Part: (a) is taken to be such a declaration or other document; and (b) is taken to have been properly given; unless the contrary is established.
(1) A copy of each declaration made by the Minister under this Part must be published in the Gazette not later than the 14th day after the day on which the declaration is made. (2) Failure to comply with this section does not affect the validity of a declaration.
(1) The industry services body must, within 14 days of lodging a financial report (the annual report) mentioned in section 292 of the Corporations Act 2001, give the Minister a copy of the report. (2) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 14 sitting days of that House after the day on which the copy of the report was given to the Minister. (3) In addition to the matters mentioned in section 295 of the Corporations Act 2001, the annual report must include details of the following in relation to the financial year to which the report relates: (a) the amount of dairy service payments and matching payments made to the industry services body; (b) the amount of those payments that were spent; (c) outcomes as measured against objectives that apply in relation to the industry services body.
(1) The Minister must, as soon as practicable after the holding of each annual general meeting of the industry services body, cause to be tabled in each House of the Parliament a report in relation to the year ending on 30 June before the holding of that meeting. (2) The report must include the following in relation to that year: (a) a statement as to the amount of dairy service levy received by the Commonwealth; (b) a statement as to whether the Minister is satisfied, on the basis of information provided by the industry services body, that the spending of dairy service payments and matching payments complies with the funding contract; (c) if the Minister is not so satisfied—details of why the Minister is satisfied that the spending does not so comply.
(1) For the purposes of this section, for so long as the industry services body is in a position to control the operations of Asia Dairy Industries (H.K.) Limited, a company incorporated in Hong Kong, that company is taken to be the subsidiary company. (2) If: (a) the subsidiary company is wound‑up; and (b) the liabilities of the subsidiary company payable on the winding‑up are not able to be met in full from the assets of the subsidiary company; the industry services body is liable to meet those liabilities, to the extent that they are not able to be met out of the assets of the subsidiary company, as if the liabilities had been incurred by the industry services body. (3) Jurisdiction is conferred on the Federal Court and, subject to the Constitution, on the Supreme Courts of the Territories, and the Supreme Courts of the States are invested with federal jurisdiction, in respect of proceedings arising under subsection (2). (4) The jurisdiction with which a court of a State is invested by subsection (3) is invested within the limits of the jurisdiction of that court, not being limits as to locality.
(1) An authorised person may, by notice in writing, require a person to furnish to that authorised person, within the time specified in the notice, such return or information in relation to matters relevant to the operation of this Act as is specified in the notice, including a return or information verified by statutory declaration. (2) In this section:
this Act does not include Schedule 2.
(1) If: (a) it is necessary to determine the milk fat content of dairy produce for the purposes of a provision of: (i) this Act; or (ii) Schedule 6 to the Primary Industries (Excise) Levies Act 1999; or (iii) Schedule 4 to the Primary Industries (Customs) Charges Act 1999; or (iv) the old first Levy Act; or (v) the old second Levy Act; and (b) it is not practicable to determine the milk fat content of the dairy produce; the dairy produce is to be taken to have the prescribed milk fat content for dairy produce of that kind. (2) If: (a) it is necessary to determine the protein content of dairy produce for the purposes of a provision of: (i) this Act; or (ii) Schedule 6 to the Primary Industries (Excise) Levies Act 1999; or (iii) Schedule 4 to the Primary Industries (Customs) Charges Act 1999; or (iv) the old first Levy Act; or (v) the old second Levy Act; and (b) it is not practicable to determine the protein content of the dairy produce; the dairy produce is to be taken to have the prescribed protein content for dairy produce of that kind. (3) The prescribed milk fat content for dairy produce of a particular kind is: (a) the milk fat content prescribed in relation to that kind of dairy produce; or (b) the milk fat content prescribed in relation to a class of dairy produce that includes the particular kind. (4) The prescribed protein content for dairy produce of a particular kind is: (a) the protein content prescribed in relation to that kind of dairy produce; or (b) the protein content prescribed in relation to a class of dairy produce that includes the particular kind.
(1A) This section does not apply to: (a) Schedule 2; or (b) regulations made for the purposes of Schedule 2. (1) A person shall not refuse or fail to submit a return or provide information that is required by or under this Act or the regulations to be submitted or provided. (1B) Subsection (1) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (1B). See subsection 13.3(3) of the Criminal Code.
(2) A person is not excused from submitting a return or providing information that the person is required by or under this Act or the regulations to submit or provide on the ground that the return or information might tend to incriminate the person, but any return or information so submitted or provided is not admissible in evidence against the person in: (a) criminal proceedings other than proceedings for an offence against subsection (1) or (3). (3) A person shall not intentionally present a document, make a statement or submit a return, knowing that it is false or misleading in a material particular, to a person performing duties in relation to this Act.
Penalty:
(a) in the case of a natural person—imprisonment for 12 months or 20 penalty units, or both; or
(b) in the case of a body corporate—100 penalty units.
(1) An authorised person may, with the consent of the occupier of any premises, enter the premises for the purpose of performing the functions of an authorised person under this section. (2) Where an authorised person has reason to believe that: (a) premises are premises in which dairy produce is produced or stored; or (b) there are on those premises any examinable documents; the authorised person may make application to a Justice of the Peace for a warrant authorising the authorised person to enter the premises for the purpose of performing the functions of an authorised person under this section. (3) If, on an application under subsection (2), the Justice of the Peace is satisfied, by information on oath or affirmation: (a) that there is reasonable ground for believing that: (i) the premises to which the application relates are premises in which dairy produce is produced or stored; or (ii) there are on those premises any examinable documents; and (b) that the issue of the warrant is reasonably required for the purposes of this Act (other than Schedule 2); the Justice of the Peace may issue a warrant authorising the authorised person, with such assistance as the authorised person thinks necessary, to enter the premises, during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of performing the functions of an authorised person under this section. (4) A warrant under subsection (3) shall specify a day after which the warrant ceases to have effect. (5) Where an authorised person has entered any premises pursuant to subsection (1) or pursuant to a warrant issued under subsection (3), the authorised person may perform the functions of an authorised person under this section. (6) The functions of an authorised person under this section are: (a) to search for, examine and take stock of any dairy produce; and (b) to search for, inspect, take extracts from and make copies of any examinable documents. (7) In this section, examinable documents means: (a) any books, documents or papers relating to financial dealings between a manufacturer of dairy produce and persons who supply to the manufacturer the milk, cream or other substances from which that dairy produce is produced; (b) any books, documents or papers relating to the financial dealings between a manufacturer of dairy produce and the exporter or exporters of that dairy produce; or (c) any books, documents or papers relating to the production, storage, sale, purchase, import or export of dairy produce.
(1) This section applies to every person who is or has been an officer or an employee of the industry services body. (2) Subject to this section, a person to whom this section applies shall not, either directly or indirectly: (a) make a record of, or divulge or communicate to any person, any information concerning the affairs of a person acquired by that first‑mentioned person by reason of that first‑mentioned person’s office or employment with the industry services body and acquired under or for the purposes of this Act; or (b) produce to any person: (i) an application or other document given to the Australian Dairy Corporation by a manufacturer of dairy produce for the purpose of obtaining a market support payment under this Act as in force before the conversion time; or (ii) an application or other document given to that Corporation by a person for the purposes of section 99 of this Act as in force before the conversion time; or (iii) a return furnished to that Corporation by an exporter of dairy produce pursuant to section 110 of this Act as in force before the conversion time.
Penalty: Imprisonment for 12 months or 20 penalty units, or both.
(2A) Paragraph (2)(a) does not apply to protected information within the meaning of clause 43 of Schedule 2. (2B) Subsection (2) does not apply to the recording or disclosure of information, or the production of a document, for a purpose in connection with the administration of: (a) the DSAP scheme (within the meaning of Schedule 2); or (aa) the SDA scheme (within the meaning of Schedule 2); or (b) Schedule 2. (3) Subsection (2) does not apply to the disclosure of information, or the production of a document, to the Minister, or to the Secretary to the Department or an officer of the Department designated by the Secretary. (4) Subsection (2) does not prevent the industry services body from making public at any time any information of a statistical nature. (4A) Subsection (2) does not apply to conduct engaged in for the purposes of this Act or as otherwise required by law.
Note: The defendant bears an evidential burden in relation to the matters in subsections (2A), (2B), (3), (4) and (4A). See subsection 13.3(3) of the Criminal Code.
(5) A person to whom information is communicated under subsection (3) and an employee or other person under the control of that first‑mentioned person are, in respect of that information, entitled to rights and privileges, and subject to obligations and liabilities, under subsection (2) as if they were persons referred to in subsection (1). (6) An offence against subsection (2) is punishable on summary conviction. (7) In this section, produce includes permit access to.
(1) The Minister may, by writing signed by the Minister, appoint a person, or a person included in a class of persons, to be an authorised person for the purposes of this Act or of a specified provision of this Act. (2) In this section:
this Act does not include Schedule 2.
Schedule 2 has effect.
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act; and, in particular: (f) requiring producers, manufacturers or purchasers of dairy produce to keep records relating to the production of dairy produce by them and to the storage, sale, purchase, import or export of such dairy produce; and (g) requiring exporters of dairy produce to keep records relating to the export of dairy produce by them from Australia and to the storage, sale, production, import or export of such dairy produce.
(1) The Minister may give a written direction to the industry services body if: (a) the Minister: (i) is satisfied that the direction is in Australia’s national interest because of exceptional and urgent circumstances; and (ii) is satisfied that the direction would not require the body to incur expenses greater than amounts paid to the body under this Act; and (iii) has given the body’s directors an adequate opportunity, in accordance with any arrangements set out in the body’s funding contract, to discuss with the Minister the need for the proposed direction and the impact of compliance with subsection (3) on the body’s commercial activities; and (b) the direction is made for a purpose that is within the Commonwealth’s legislative power. (2) If the body is given a direction under subsection (1), it must comply with it. (3) Subject to subsection (4), if the Minister gives a direction to the body under subsection (1): (a) the Minister must cause a copy of the direction: (i) to be published in the Gazette as soon as practicable after giving the direction; and (ii) to be tabled in each House of the Parliament within 5 sitting days of that House after giving the direction; and (b) the annual reports of the body applicable to periods in which the direction has effect must include: (i) particulars of the direction; and (ii) an assessment of the impact that the direction has had on the operations of the body during the period. (4) Subsection (3) does not apply in relation to a particular direction if: (a) the Minister, on the recommendation of the industry services body, determines, in writing, that compliance with the subsection would, or would be likely to, prejudice the commercial activities of the body; or (b) the Minister determines, in writing, that compliance with the subsection would be contrary to the public interest. (5) The Minister is not to be taken to be a director of the industry services body for the purposes of the Corporations Act 2001 merely because of the power conferred on the Minister by this section. (6) The Commonwealth is not to be taken to be in a position to exercise control over the industry services body merely because of the power conferred on the Minister by this section.
(1) The Minister may, in writing, declare an eligible body to be the industry services body if: (a) the Commonwealth and the eligible body have entered into a funding contract; and (b) the Minister is satisfied that, if the body is so declared, it will comply with its obligations under the funding contract and this Act.
Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.
Declaration takes effect immediately (2) A declaration under this section takes effect immediately after it is made. Tabling in Parliament (3) The Minister must cause a copy of a declaration under this section to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the declaration is made.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Dairy Produce Act 1986.
(1) Except as provided by subsections (2) and (3), this Act shall come into operation on 1 July 1986. (2) Sections 1 to 4 (inclusive), 28 to 32 (inclusive), 41 to 46 (inclusive) and 92 to 108, inclusive, shall come into operation on the day on which this Act receives the Royal Assent. (3) Subsections 10(3) to (8), inclusive, and 53(3) shall come into operation on 1 October 1986.
(1) In this Act, unless the contrary intention appears:
authorised person (except in Schedule 2) means a person appointed as an authorised person under section 120.
conversion time means the time when Schedule 1 to the Dairy Industry Service Reform Act 2003 commences.
Corporation levy means Corporation levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999 (as in force before the conversion time), and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.
Council means the association by the name of the Australian Dairy Industry Council Inc. that is incorporated under the Associations Incorporation Act 1981 of the State of Victoria.
dairy industry means industry in Australia that is concerned with the production, processing, manufacture, distribution and sale (whether for export or otherwise) of dairy produce.
dairy produce means:
(a) milk;
(b) cream; and
(c) such other products made from or containing milk or a constituent part of milk as are declared by the Minister by notice published in the Gazette to be dairy produce for the purposes of this Act.
dairy service levy means dairy service levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999.
dairy service payments means payments referred to in paragraph 5(1)(a).
Dairy Structural Adjustment Fund means the Dairy Structural Adjustment Fund established by clause 77 of Schedule 2.
eligible body means a body that is registered under the Corporations Act 2001 as a company limited by guarantee.
funding contract means a contract under section 5.
industry services body means the body declared as the industry services body under section 7.
Infrastructure Department means the Department administered by the Infrastructure Minister.
Infrastructure Minister means the Minister who administers the Infrastructure Australia Act 2008.
Levies and Charges Collection Act means the Primary Industries Levies and Charges Collection Act 1991.
matching payments means payments referred to in paragraph 5(1)(b).
milk means the lacteal fluid product of the dairy cow.
new dairy levy amounts means:
(a) amounts of dairy service levy received by the Commonwealth after the conversion time; and
(b) amounts received by the Commonwealth after the conversion time under section 7 of the Levies and Charges Collection Act in relation to dairy service levy; and
(c) amounts payable by way of penalty under section 15 of the Levies and Charges Collection Act in relation to dairy service levy that are received by the Commonwealth after the conversion time.
old dairy levy amounts means:
(a) amounts of Corporation levy, promotion levy or research levy received by the Commonwealth after the conversion time; and
(b) amounts received by the Commonwealth after the conversion time under section 7 of the Levies and Charges Collection Act in relation to Corporation levy, promotion levy or research levy; and
(c) amounts of Corporation levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 71 of this Act before the conversion time; and
(d) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to Corporation levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 71 of this Act before the conversion time; and
(e) amounts of promotion levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 90 of this Act before the conversion time; and
(f) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to promotion levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 90 of this Act before the conversion time; and
(g) amounts of research levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 30 of the Primary Industries Research and Development Act 1989 before the conversion time; and
(h) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to research levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 30 of the Primary Industries Research and Development Act 1989 before the conversion time; and
(i) amounts payable to the Dairy Research and Development Corporation under paragraph 30(1)(b) of the Primary Industries Research and Development Act 1989 before the conversion time, but not paid out of the Consolidated Revenue Fund under that Act before the conversion time.
old first Levy Act means the repealed Dairy Produce Levy (No. 1) Act 1986.
old second Levy Act means the repealed Dairy Produce Levy (No. 2) Act 1986.
promotion levy means promotion levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999 (as in force before the conversion time), and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.
relevant dairy produce has the same meaning as in Schedule 6 to the Primary Industries (Excise) Levies Act 1999.
research levy means research levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999 (as in force before the conversion time), and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.
(3) Subject to this Act, words and expressions used in this Act have the same meaning as they have for the purposes of Schedule 6 to the Primary Industries (Excise) Levies Act 1999.
(1) This Act binds the Crown in right of the Commonwealth and of each of the States and Territories. (2) Nothing in this Act renders the Crown in right of the Commonwealth or of a State or Territory liable to be prosecuted for an offence against, or arising under, this Act.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
An Act relating to the marketing and export of dairy produce and the collection of certain levies imposed in connection with the dairy industry, and for other purposes
This Act may be cited as the Dairy Produce Act 1986.
(1) Except as provided by subsections (2) and (3), this Act shall come into operation on 1 July 1986. (2) Sections 1 to 4 (inclusive), 28 to 32 (inclusive), 41 to 46 (inclusive) and 92 to 108, inclusive, shall come into operation on the day on which this Act receives the Royal Assent. (3) Subsections 10(3) to (8), inclusive, and 53(3) shall come into operation on 1 October 1986.
(1) In this Act, unless the contrary intention appears:
authorised person (except in Schedule 2) means a person appointed as an authorised person under section 120.
conversion time means the time when Schedule 1 to the Dairy Industry Service Reform Act 2003 commences.
Corporation levy means Corporation levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999 (as in force before the conversion time), and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.
Council means the association by the name of the Australian Dairy Industry Council Inc. that is incorporated under the Associations Incorporation Act 1981 of the State of Victoria.
dairy industry means industry in Australia that is concerned with the production, processing, manufacture, distribution and sale (whether for export or otherwise) of dairy produce.
dairy produce means:
(a) milk;
(b) cream; and
(c) such other products made from or containing milk or a constituent part of milk as are declared by the Minister by notice published in the Gazette to be dairy produce for the purposes of this Act.
dairy service levy means dairy service levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999.
dairy service payments means payments referred to in paragraph 5(1)(a).
Dairy Structural Adjustment Fund means the Dairy Structural Adjustment Fund established by clause 77 of Schedule 2.
eligible body means a body that is registered under the Corporations Act 2001 as a company limited by guarantee.
funding contract means a contract under section 5.
industry services body means the body declared as the industry services body under section 7.
Infrastructure Department means the Department administered by the Infrastructure Minister.
Infrastructure Minister means the Minister who administers the Infrastructure Australia Act 2008.
Levies and Charges Collection Act means the Primary Industries Levies and Charges Collection Act 1991.
matching payments means payments referred to in paragraph 5(1)(b).
milk means the lacteal fluid product of the dairy cow.
new dairy levy amounts means:
(a) amounts of dairy service levy received by the Commonwealth after the conversion time; and
(b) amounts received by the Commonwealth after the conversion time under section 7 of the Levies and Charges Collection Act in relation to dairy service levy; and
(c) amounts payable by way of penalty under section 15 of the Levies and Charges Collection Act in relation to dairy service levy that are received by the Commonwealth after the conversion time.
old dairy levy amounts means:
(a) amounts of Corporation levy, promotion levy or research levy received by the Commonwealth after the conversion time; and
(b) amounts received by the Commonwealth after the conversion time under section 7 of the Levies and Charges Collection Act in relation to Corporation levy, promotion levy or research levy; and
(c) amounts of Corporation levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 71 of this Act before the conversion time; and
(d) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to Corporation levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 71 of this Act before the conversion time; and
(e) amounts of promotion levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 90 of this Act before the conversion time; and
(f) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to promotion levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 90 of this Act before the conversion time; and
(g) amounts of research levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 30 of the Primary Industries Research and Development Act 1989 before the conversion time; and
(h) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to research levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 30 of the Primary Industries Research and Development Act 1989 before the conversion time; and
(i) amounts payable to the Dairy Research and Development Corporation under paragraph 30(1)(b) of the Primary Industries Research and Development Act 1989 before the conversion time, but not paid out of the Consolidated Revenue Fund under that Act before the conversion time.
old first Levy Act means the repealed Dairy Produce Levy (No. 1) Act 1986.
old second Levy Act means the repealed Dairy Produce Levy (No. 2) Act 1986.
promotion levy means promotion levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999 (as in force before the conversion time), and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.
relevant dairy produce has the same meaning as in Schedule 6 to the Primary Industries (Excise) Levies Act 1999.
research levy means research levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999 (as in force before the conversion time), and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.
(3) Subject to this Act, words and expressions used in this Act have the same meaning as they have for the purposes of Schedule 6 to the Primary Industries (Excise) Levies Act 1999.
(1) This Act binds the Crown in right of the Commonwealth and of each of the States and Territories. (2) Nothing in this Act renders the Crown in right of the Commonwealth or of a State or Territory liable to be prosecuted for an offence against, or arising under, this Act.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(1) The Minister may, on behalf of the Commonwealth, enter into a contract with an eligible body that provides for the Commonwealth to make payments of the following kinds to the body: (a) payments referred to as dairy service payments; (b) payments made in respect of particular financial years, referred to as matching payments.
Note: After a contract has been entered into, the eligible body can be declared as the industry services body under section 7.
(2) Before entering into the contract, the Minister must be satisfied that the terms of the contract make adequate provision to ensure that: (a) dairy service payments are spent by the body on marketing, promotion, strategic policy development, research and development activities or other activities, for the benefit of the Australian dairy industry; and (b) matching payments are spent by the body on: (i) research and development activities for the benefit of the Australian dairy industry and the Australian community generally; and (ii) making payments to the Com
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