CTHRepealedAct
Dairy Produce Act 1986
88Definitions
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#### 88 Definitions
In this Part, unless the contrary intention appears:
> authorised person means an APS employee who has been authorised by the Secretary under clause 127 for the purposes of the provision in which the expression occurs.
> collecting organisation means an organisation that is a party to an agreement under clause 103.
> collection agent means a person who, under clause 97, is an agent of the Commonwealth for the purposes of the collection of levy.
> collection sub‑agent means a person who, under clause 98 or 99, is a sub‑agent of the Commonwealth for the purposes of the collection of levy.
> dairy product means:
(a) milk; or
(b) any other product made from, or containing, milk or a constituent part of milk.
> designated small levy‑payer has the meaning given by clause 123.
> designated small remitter has the meaning given by clause 122.
> examinable documents means any documents relevant to the operation of this Part.
> late payment penalty means penalty payable under clause 107.
> leviable milk product means a dairy product that is:
(a) marketed principally as:
(i) a beverage for human consumption; or
(ii) an ingredient for use in making a beverage for human consumption; or
(b) for use principally as:
(i) a beverage for human consumption; or
(ii) an ingredient for use in making a beverage for human consumption;
but does not include a product declared by the regulations to be exempt from levy.
> levy means levy that is payable under Division 2 and imposed as dairy adjustment levy by any of the following:
(a) the Dairy Adjustment Levy (Excise) Act 2000;
(b) the Dairy Adjustment Levy (Customs) Act 2000;
(c) the Dairy Adjustment Levy (General) Act 2000.
> organisation includes an unincorporated body of persons.
> premises includes:
(a) a structure, building, aircraft, vehicle or vessel; and
(b) a place (whether enclosed or built on or not); and
(c) a part of premises (including premises of the kind referred to in paragraph (a) or (b)).
> process, in relation to a leviable milk product, means:
(a) the production of the product; or
(b) the importation into Australia of the product; or
(c) the performance of any other operation in relation to the product;
but does not include:
(d) the chilling of the product; or
(e) the performance of any operation specified in the regulations.
> relevant application to own use, in relation to a leviable milk product, means:
(a) giving the product away; or
(b) transferring property in the product under a contract that is not a contract of sale; or
(c) using the product as an ingredient in making a beverage or other product, where:
(i) the beverage or other product is for supply directly to a consumer; or
(ii) the beverage or other product is to be given away; or
(iii) property in the beverage or other product is to be transferred under a contract that is not a contract of sale.
> State includes the Australian Capital Territory and the Northern Territory.