Dairy Industry Service Reform Act 2003

The Governor‑General may make regulations prescribing matters:

required or permitted by this Act to be prescribed; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising from:

the amendments or repeals made by this Act; and

the enactment of this Act.

Schedule 1—Amendments and repeals

Part 1—Amendment of Dairy Produce Act 1986

Dairy Produce Act 1986

1 Title

Omit “the Australian Dairy Corporation,”.

2 Subsection 3(1) (definition of acting Managing Director)

Repeal the definition.

3 Subsection 3(1) (definition of annual operational plan)

Repeal the definition.

4 Subsection 3(1) (definition of annual report)

Repeal the definition.

5 Subsection 3(1) (definition of appointed member)

Repeal the definition.

6 Subsection 3(1) (definition of Chairperson)

Repeal the definition.

7 Subsection 3(1)

Insert:

conversion time means the time when Schedule 1 to the Dairy Industry Service Reform Act 2003 commences.

8 Subsection 3(1) (definition of corporate plan)

Repeal the definition.

9 Subsection 3(1) (definition of Corporation)

Repeal the definition.

10 Subsection 3(1) (definition of Corporation levy)

After “Schedule 6 to the Primary Industries (Excise) Levies Act 1999”, insert “(as in force before the conversion time)”.

11 Subsection 3(1) (paragraph (c) of the definition of dairy produce)

Omit “Corporation”, substitute “Minister”.

12 Subsection 3(1)

Insert:

dairy service levy means dairy service levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999.

13 Subsection 3(1)

Insert:

dairy service payments means payments referred to in paragraph 5(1)(a).

14 Subsection 3(1) (definition of Deputy Chairperson)

Repeal the definition.

15 Subsection 3(1) (definition of Domestic Fund)

Repeal the definition.

16 Subsection 3(1)

Insert:

eligible body means a body that is registered under the Corporations Act 2001 as a company limited by guarantee.

17 Subsection 3(1) (definition of equal employment opportunity program)

Repeal the definition.

18 Subsection 3(1) (definition of executive)

Repeal the definition.

19 Subsection 3(1)

Insert:

funding contract means a contract under section 5.

20 Subsection 3(1) (definition of futures contract)

Repeal the definition.

21 Subsection 3(1) (definition of futures market)

Repeal the definition.

22 Subsection 3(1) (definition of Industry Fund)

Repeal the definition.

23 Subsection 3(1)

Insert:

industry services body means the body declared as the industry services body under section 7.

24 Subsection 3(1) (definition of Managing Director)

Repeal the definition.

25 Subsection 3(1) (definition of Market Support Fund)

Repeal the definition.

26 Subsection 3(1) (definition of market support payment)

Repeal the definition.

27 Subsection 3(1)

Insert:

matching payments means payments referred to in paragraph 5(1)(b).

28 Subsection 3(1) (definition of member)

Repeal the definition.

29 Subsection 3(1) (definition of money of the Corporation)

Repeal the definition.

30 Subsection 3(1)

Insert:

new dairy levy amounts means:

amounts of dairy service levy received by the Commonwealth after the conversion time; and

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

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.

31 Subsection 3(1) (definition of old corporation levy)

Repeal the definition.

32 Subsection 3(1)

Insert:

old dairy levy amounts means:

amounts of Corporation levy, promotion levy or research levy received by the Commonwealth after the conversion time; and

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

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

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

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

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

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 and Energy Research and Development Act 1989 before the conversion time; and

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 and Energy Research and Development Act 1989 before the conversion time; and

amounts payable to the Dairy Research and Development Corporation under paragraph 30(1)(b) of the Primary Industries and Energy 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.

33 Subsection 3(1) (definition of old dairy products levy)

Repeal the definition.

34 Subsection 3(1) (definition of old market support levy)

Repeal the definition.

35 Subsection 3(1) (definition of old promotion levy)

Repeal the definition.

36 Subsection 3(1) (definition of old research levy)

Repeal the definition.

37 Subsection 3(1) (definition of Promotion Fund)

Repeal the definition.

38 Subsection 3(1) (definition of promotion levy)

After “Schedule 6 to the Primary Industries (Excise) Levies Act 1999”, insert “(as in force before the conversion time)”.

39 Subsection 3(1) (definition of R&D Corporation)

Repeal the definition.

40 Subsection 3(1) (definition of R&D Fund)

Repeal the definition.

41 Subsection 3(1) (definition of relevant fund)

Repeal the definition.

42 Subsection 3(1)

Insert:

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.

43 Subsection 3(1) (definition of RIR&D Corporation)

Repeal the definition.

44 Subsection 3(1) (definition of Selection Committee)

Repeal the definition.

45 Subsection 3(1) (definition of WTO Agreement)

Repeal the definition.

46 Subsection 3(1) (definition of WTO Agreement day)

Repeal the definition.

47 Subsection 3(1) (definition of WTO Agreement year)

Repeal the definition.

48 Subsection 3(1A)

Repeal the subsection.

49 Subsection 3(1B)

Repeal the subsection.

50 Section 3 (note)

Repeal the note.

51 Parts II to IV

Repeal the Parts, substitute: