Commonwealth Numbered Acts

DAIRY PRODUCE AMENDMENT ACT 1987 No. 162 of 1987 - SECT 3

3. After section 51 of the Principal Act the following section is inserted:
IDA minimum price

"51A. (1) The regulations may provide a method for ascertaining the price
that, for the purposes of this section, is to be the IDA minimum price of a
quantity of a controlled dairy export.

"(2) A licensee shall not enter into a contract to export a quantity of a
controlled dairy export from Australia at a price (in this section called the
'export price') that is less than the IDA minimum price for that quantity of
the controlled dairy export.

"(3) Where:

   (a)  a licensee contravenes subsection (2) in relation to a contract; and

   (b)  the Corporation does not make a determination under subsection (5) in
        relation to the contract; the licensee shall, within 60 days after the
        contract is entered into, pay the Corporation an amount equal to the
        difference between the IDA minimum price and the export price.

"(4) A payment by a licensee under subsection (3) is, for the purposes of
section 93, made for the purposes of the Market Support Fund.

"(5) The Corporation may determine that the licensee's contracting to export
the controlled dairy export at less than the IDA minimum price was justified
by exceptional circumstances.

"(6) The Corporation shall not enter into a contract to export a quantity of a
controlled dairy export from Australia at a price that is less than the IDA
minimum price for that quantity of the controlled dairy export except in
accordance with a written authorisation by the Minister.

"(7) The Minister shall cause a copy of an authorisation given under
subsection (6) to be laid before each House of the Parliament within 15
sitting days of that House after the authorisation is given.

"(8) A person who contravenes this section does not, merely because of the
contravention, commit an offence against this Act.

"(9) Regulations made for the purposes of subsection (1) may apply, adopt or
incorporate, with or without modification, the Arrangement as in force or
existing at a particular time, or as in force or existing from time to time.

"(10) In this section:
'Arrangement' means the International Dairy Arrangement done at Geneva on 12
April 1979;
'controlled dairy export' means dairy produce to which regulations made for
the purposes of subsection 52 (2) apply.".