Commonwealth Numbered Acts

DAIRY PRODUCE AMENDMENT ACT 1977 No. 53 of 1977 - SECT 5

5. After section 20 of the Principal Act the following sections are inserted:-
Export of dairy products prohibited unless exporter party to arrangement.
''20AA. (1) A person, other than the Corporation, shall not export, or cause
to be exported, dairy products from Australia unless the person is a party to
an arrangement with the Corporation entered into under sub-section 20AB (7)
that relates to those dairy products.

Penalty: $1,000.

''(2) The regulations may provide that this section does not apply in relation
to dairy products of a prescribed class. Pools for returns on export sales of
dairy products.
''20AB. (1) In this section-

'assessed return', in relation to dairy products to which this section
applies, means the amount of the proceeds that would have been received for
the dairy products from the export sale if the export sale had been at the
assessed export price in force with respect to the dairy products under
sub-section (4) at the time of the export sale;

'dairy products to which this section applies' means dairy products that-

   (a)  having been sold in Australia for delivery to a place outside
        Australia or for delivery to a ship or aircraft for export from
        Australia, have been exported from Australia in accordance with the
        terms of the contract of sale; or

   (b)  having been exported from Australia for the purpose of sale outside
        Australia, have been sold by or on behalf of the exporter at a place
        outside Australia,

being dairy products in relation to which a pool is maintained, at the time of
the sale, under sub-section (2);

'export sale', in relation to dairy products to which this section applies,
means the sale by reason of which the dairy products are dairy products to
which this section applies;

'minimum return', in relation to dairy products to which this section applies,
means the amount of the proceeds that would have been received for the dairy
products from the export sale if the export sale had been at the minimum
export price in force with respect to the dairy products under sub-section (3)
at the time of the export sale;

'pool' means a separate account set up and maintained by the Corporation in
respect of dairy products of a particular kind produced during a particular
production period, being a production period within the meaning of the Dairy 
Industry Stabilization Act 1977 .

''(2) The Corporation shall set up and maintain pools as prescribed.

''(3) The Corporation may, from time to time, for the purposes of this
section, fix a minimum export price for dairy products included in a specified
class of dairy products.

''(4) The Minister may, for the purposes of this section, fix an assessed
export price for the dairy products in respect of which a pool is maintained
by the Corporation under sub-section (2), being a price that the Minister
considers will be the average export price for those dairy products.

''(5) Where-

   (a)  the export sale of dairy products to which this section applies is a
        sale by or on behalf of the Corporation;

   (b)  the amount of the proceeds received from the export sale is not less
        than the minimum return in relation to those dairy products; and

   (c)  the minimum return in relation to those dairy products exceeds the
        assessed return in relation to those dairy products, the Corporation
        shall credit to the appropriate pool the amount of the excess referred
        to in paragraph (c).

''(6) Where-

   (a)  the export sale of dairy products to which this section applies is a
        sale by or on behalf of the Corporation; and

   (b)  the assessed return in relation to those dairy products exceeds the
        minimum return in relation to those dairy products, the Corporation
        shall debit to the appropriate pool the amount of that excess.

''(7) The Corporation may enter into an arrangement with a person under which
the person agrees to authorize the Corporation to receive, on his behalf, the
proceeds of the export sale by or on his behalf of any dairy products to which
this section applies.

''(8) An arrangement under sub-section (7) shall provide that-

   (a)  where-

        (i)    the amount of the proceeds received from the export sale of any
               dairy products to which the arrangement relates is not less
               than the minimum return in relation to those dairy products;
               and

        (ii)   the minimum return in relation to those dairy products exceeds
               the assessed return in relation to those dairy products,

the Corporation shall credit to the appropriate pool the amount of the excess
referred to in sub-paragraph (ii) and shall pay to the other party to the
arrangement the remainder of those proceeds; or

   (b)  where the assessed return in relation to any dairy products to which
        the arrangement relates exceeds the minimum return in relation to
        those dairy products-the Corporation shall debit to the appropriate
        pool the amount of that excess and shall pay to the other party to the
        arrangement the proceeds of the export sale of those dairy products
        together with an amount equal to the amount of that debit.

''(9) The Commonwealth may pay to the Corporation an amount to be credited to
a pool.

''(10) Where-

   (a)  the Corporation has received an advance from the Reserve Bank under an
        arrangement made under section 23 and has credited the whole or a part
        of that advance to a separate account kept in the Dairy Products
        Stabilization Trust Fund; and

   (b)  that separate account and a pool under this section are kept or
        maintained, as the case may be, in respect of the same class of dairy
        products, any moneys standing to the credit of the pool may be used by
        the Corporation to repay that advance, or that part of that advance,
        as the case may be, to the Reserve Bank, and the Corporation may debit
        to the pool the amount of any such repayment accordingly.

''(11) The Corporation may make advances to proprietors of factories on
account of final payments that may become payable to those proprietors from a
pool under sub-section (12), being advances calculated at a rate fixed by the
Minister from time to time.

''(12) Where the Corporation is satisfied that, apart from the succeeding
provisions of this section, no more amounts will be credited or debited to a
pool, the Corporation shall divide the amount standing to the credit of the
pool among the proprietors of the factories at which dairy products of the
kind in respect of which the pool is maintained were produced during the
relevant production period (whether or not those dairy products subsequently
became dairy products to which this section applies), being a division made on
the basis of the quantity of such dairy products produced at each factory
during that period, and the amount so ascertained in relation to each
proprietor is the final payment payable to the proprietor from the pool.

''(13) A reference in sub-section (12) to dairy products shall be read as not
including dairy products that were, by virtue of section 9 of the Dairy 
Industry Stabilization Levy Act 1977 , exempt from levy.

''(14) Where-

   (a)  a final payment is payable from a pool to a proprietor; and

   (b)  the proprietor has not received any advance under sub-section (11) on
        account of that final payment, the Corporation shall pay the amount of
        the final payment to the proprietor.

''(15) Where-

   (a)  a final payment is payable from a pool to a proprietor;

   (b)  the proprietor has received an advance or advances under sub-section
        (11) on account of that final payment; and

   (c)  the final payment exceeds the advance, or the aggregate of the
        advances, referred to in paragraph (b), the Corporation shall pay to
        the proprietor an amount equal to that excess.

''(16) Where-

   (a)  a final payment is payable from a pool to a proprietor;

   (b)  the proprietor has received an advance or advances under sub-section
        (11) on account of that final payment; and

   (c)  the final payment is less than the advance, or the aggregate of the
        advances, referred to in paragraph (b), an amount equal to that
        difference is repayable to the Corporation on demand in writing by the
        Corporation and, if not paid within 3 months after the demand, shall
        be deemed to be a debt due and payable to the Corporation.''.