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DAIRY PRODUCE ACT 1986 - SECT 3 Interpretation

DAIRY PRODUCE ACT 1986 - SECT 3

Interpretation

  (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 .