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Tuesday, 30 September 1958

In Committee of Ways and Means:

Motion (by Mr. McMahon) agreed to -

1.   That, in this Resolution -

(a)   " dairy produce " mean butter and cheese;

(b)   " levy " mean levy imposed by the Act;

(c)   "notional weight", in relation to cheese, mean a weight equal to the weight of the butter fat in the milk used in the manufacture of the cheese multiplied by two and eleven-twentieths;

(d)   "the Act" mean the Act passed to give effect to this Resolution;

(e)   "the Board" mean the Australian Dairy

ProduceBoard constituted under the Dairy Produce Export Control Act 1925-1954 as proposed to be amended by the Dairy Produce Export Control Bill 1958; and

(f)   " the Minister " mean the Minister of State administering the Act.

2.   That the Act bind the Crown in right of a State.

3.   That a levy be imposed on all dairy produce manufactured in Australia on or after a date to he fixed by the Minister, upon the recommendation of the Board, by notice published in the " Commonwealth of Australia Gazette ".

4.   - (1.) That, subject to the next succeeding sub-paragraph, the amount of levy in respect of any butter consist of the sum of -

(a)   such amount for each pound of the butter as is from time to time prescribed by regulations for the purposes of the provision of the Act which gives effect to this clause; and

(b)   such amount for each pound of the butter as is from time to time prescribed by regulations for the purposes of the provision of the Act which gives effect to this clause. (2.) That the amounts referred to in the last preceding sub-paragraph be such that the sum of those amounts does not exceed three-sixteenths of a penny.

5.   - (1.) That, subject to the next succeeding sub-paragraph, the amount of levy in respect of any cheese consist of the sum of -

(a)   such amount for each pound of the notional weight of the cheese as is from time to time prescribed by regulations for the purposes of the provision of the Act which gives effect to this clause; and

(b)   such amount for each pound of the notional weight of the cheese as is from time to time prescribed by regulations for the purposes of the provision of the Act which gives effect to this clause. (2.) That the amounts referred to in the last preceding sub-paragraph be such that the sum of those amounts does not exceed threethirtyseconds of a penny.

6.   That the amount of levy in respect of any dairy produce be payable by the manufacturer ot the dairy produce.

V.   - (1.) That the Minister be empowered, from time to time, by notice published in the " Commonwealth of Australia Gazette", after report to the Minister by the Board, to exempt any dairy produce from the levy. (2.) That an exemption referred to in the last preceding sub-paragraph may be unconditional of subject to such conditions as are specified in the notice.

8.   That the amount of levy in respect of any dairy produce manufactured during a month of tha year be due and payable upon the expiration of twenty-eight days after the last day of that month.

9.   - (1.) That an amount of levy be deemed, when it becomes due and payable, to be a debt due to the Commonwealth and payable to the Secretary to the Department of Primary Industry in the manner and at the place prescribed by regulations. (2.) That, in proceedings for the recovery of an amount of levy, a statement or averment in the complaint, claim or declaration of the plaintiff be evidence of the matter so stated or averred.

10.   - (1.) That the Governor-General be empowered to make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act, and, in particular -

(a)   requiring persons to furnish returns for the purposes of the Act; and

(b)   prescribing penalties not exceeding Fifty pounds for offences against tha regulations. (2.) That, before making regulations prescribing an amount referred to in paragraph four or five of this Resolution, the Governor-General be required to take into consideration any recommendations with respect to the amount made to the Minister by the Board. (3.) That, before making a recommendation to the Minister with respect to an amount referred to in clause (a) of sub-paragraph (1.) of paragraph four, or clause (a) of sub-paragraph (1.) of paragraph five, of this Resolution, the Board be required to take into consideration any recommendation with respect to the amount submitted to the Board by the Dairy Produce Research Committee proposed to be established by the Dairy Produce Research and Sales Promotion. Bill 1958.

Resolution reported.

Standing Orders suspended; resolution adopted.

Ordered -

That Mr. McMahon and Mr. Harold Holt do prepare and bring in a bill to carry out the foregoing resolution.

Bill presented by Mr. McMahon, and read a first time.







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