Commonwealth Numbered Acts

DAIRY PRODUCE AMENDMENT ACT 1978 No. 96 of 1978 - SECT 3

3. Section 20AB of the Principal Act is amended-

(a) by inserting '', or of 2 or more particular kinds,'' after ''kind'' in
the definition of ''pool'' in sub-section (1);

(b) by inserting after the definition of ''pool'' in sub-section (1) the
following definition:

'' 'quota products' means dairy products of a kind or kinds in respect of
which quotas are determined for a production period under section 11A of the
Dairy Industry Stabilization Act 1977;'';

   (c)  by inserting after sub-section (1) the following sub-section:

''(1A) For the purposes of this section, where dairy products are produced at
a factory, by the proprietor of the factory on behalf of the proprietor of
another factory, from milk or a constituent part or parts of milk supplied for
the purpose by the proprietor of the other factory, the products shall be
deemed to have been produced at that other factory.'';

   (d)  by inserting in sub-section (4) '', or for each of the dairy
products,'' after ''dairy products'' (first occurring);

   (e)  by inserting after sub-section (4) the following sub-section:

''(4A) The Corporation may, with the approval of the Minister, make to persons
engaged in the production, storage, distribution, sale, export or promotion of
dairy products payments to meet expenses incurred in the storage,
distribution, sale, export or promotion of dairy products to which this
section applies and, where any such payment is made, the amount of the payment
shall be debited to the appropriate pool.'';

   (f)  by omitting sub-section (12) and substituting the following
        sub-sections:

''(12) Where the Corporation is satisfied that, apart from sub-sections (12A),
(14), (15) and (16), no more amounts will be debited or credited to a pool
maintained in respect of dairy products of a particular kind, or of 2 or more
particular kinds, that are quota products, the Corporation shall-

   (a)  ascertain an amount (in this sub-section referred to as the 'final
        pool return') per tonne in relation to dairy products of that kind, or
        of those kinds, that were produced during the relevant production
        period (whether or not those dairy products subsequently became dairy
        products to which this section applies) by dividing the amount
        standing to the credit of the pool by the number of tonnes of dairy
        products of that kind, or of those kinds, that were produced during
        that production period; and

   (b)  pay to the proprietor of each factory at which dairy products of that
        kind, or of any of those kinds, were produced during that period the
        final pool return in respect of each tonne of dairy products of that
        kind, or of those kinds, produced at that factory during that
        production period that is in excess of the quota determined in respect
        of that kind, or of those kinds, of dairy products in relation to that
        factory for that production period under section 11A of the
        Dairy Industry Stabilization Act 1977.

''(12A) Where the Corporation is satisfied that, apart from sub-sections (14),
(15) and (16), no more amounts will be credited or debited to a pool, the
Corporation-

   (a)  may, with the approval of the Minister, where it considers it
        appropriate to do so, determine that the whole or any part of the
        amount standing to the credit of the pool be transferred to the credit
        of the separate account kept in respect of dairy products of the kind,
        or kinds, in respect of which the pool is maintained, or kept in
        respect of kinds of dairy products which include dairy products of
        that kind or any of those kinds, in the Dairy Products Stabilization
        Trust Fund established under the Dairy Industry Stabilization Act 1977
        ; and

   (b)  shall divide the amount standing to the credit of the pool after any
        payments consequential upon a determination under paragraph (a) have
        been made among the proprietors of the factories at which dairy
        products of that kind, or of any of those kinds, 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 dairy products
        of that kind, or of those kinds, produced at each factory during that
        period,

and the amount ascertained in accordance with paragraph (b) in relation to
each factory is the final payment payable to the proprietor of that factory
from the pool.

''(12B) In the application of sub-sections (12) and (12A) in relation to a
pool maintained in respect of dairy products of 2 or more particular kinds,
the quantity of dairy products of those kinds, or of any of those kinds,
produced during a production period, or produced at a factory during a
production period, shall be ascertained in accordance with a method determined
by the Minister after consultation with the Corporation.''; and

(g) by inserting in sub-section (13) ''or (12A)'' after ''sub-section (12)''.
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