Commonwealth Numbered Acts

DAIRY PRODUCE LEVY (No. 1) ACT 1986 No. 55 of 1986 - SECT 4

4. (1) In this Act, unless the contrary intention appears -

"authorised person" means a person who is an authorised person for the
purposes of this Act by virtue of an appointment made by the Minister under
section 12;

"butter" means butter produced from milk or from cream derived from milk;

"butteroil" includes ghee produced from cream derived from milk, but does not
include butteroil made, directly or indirectly, from butter;

"cheese" means cheese produced from milk, but does not include cheese produced
from other cheese;

"cream" means that one of the 2 products obtained from milk by a process of
skimming or mechanical separation, being the product that contains the higher
fat content;

" Dairy Produce Act" means the Dairy Produce Act 1986;

"dairy product" means -

   (a)  butter;

   (b)  butteroil;

   (c)  cheese, other than cheese of a variety that is prescribed by the
        regulations for the purposes of this paragraph; or

   (d)  any other product that is declared by the regulations to be a
        dairy product for the purpose of this Act, being a product that is
        produced from milk or from a constituent part of milk;

"milk" means the lacteal fluid product of the dairy cow;

"milk fat" means the fatty substance of milk;

"milk fat levy" means the market support levy, the corporation levy, the
promotion levy or the research levy imposed by section 5;

"producer", in relation to relevant dairy produce, means the person who, at
the time when the relevant dairy produce is produced, is the relevant owner of
the relevant dairy produce;

"relevant dairy produce" means dairy produce that is -

   (a)  whole milk; or

   (b)  whole milk products;

"relevant owner", in relation to whole milk, means the person who owns the
whole milk, whether or not that person is the owner of the cow from which the
whole milk was obtained;

"whole milk" means whole milk produced in Australia;

"whole milk product" means a product that is produced by modifying, or
extracting material from, whole milk, and that consists of, or contains, milk
fat.

(2) For the purposes of this Act and of the Dairy Produce Act, where
relevant dairy produce is not sold by the producer but vests in another person
by operation of law, the relevant dairy produce shall be deemed to have been
sold by the producer to that other person at the time when it so vests and
that other person shall be deemed to have purchased the relevant dairy produce
from that producer at that time.

(3) For the purposes of this Act and of the Dairy Produce Act, where
relevant dairy produce is supplied by the producer to another person for
disposal or processing by that other person, but the relevant dairy produce is
not sold by the producer to that other person or any other person at or before
the time when it is so supplied -

   (a)  the relevant dairy produce shall be deemed to have been sold by the
        producer to that other person at the time when it is so supplied and
        that other person shall be deemed to have purchased the
        relevant dairy produce from the producer at that time; and

   (b)  any sale of the relevant dairy produce by or on behalf of the producer
        (including a sale to that other person) after it is so supplied shall
        be disregarded.

(4) For the purposes of this Act and of the Dairy Produce Act, the time when
dairy products are produced is the time when the processes of production of
the products (excluding, in the case of cheese, any maturation process in
respect of the cheese) are completed.

(5) For the purposes of this Act and of the Dairy Produce Act, 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 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.

(6) For the purposes of sub-section (5), the operation of sub-section (3)
shall be disregarded.

(7) For the purposes of this Act and of the Dairy Produce Act, where the
ownership of a factory, the principal business of which is the production of
dairy products, changes and, by reason of the change of ownership of the
factory, the new proprietor of the factory becomes the owner of dairy products
produced at the factory before the change of ownership -

   (a)  the change of ownership of those dairy products shall not be taken to
        be a sale of those dairy products; and

   (b)  the new proprietor of the factory shall be deemed to have been the
        proprietor of the factory at the time when those dairy products were
        produced.