Commonwealth Numbered Acts

DAIRY PRODUCE MARKET SUPPORT LEVY ACT 1985 No. 51 of 1985 - SECT 4

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

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

"milk fat" means the fatty substance of milk;

"producer", in relation to relevant dairy produce, means-

   (a)  where the relevant dairy produce is whole milk-the person who, at the
        time when the whole milk is produced, is the relevant owner of the
        whole milk; and

   (b)  where the relevant dairy produce is a whole milk product, the person-

        (i)    who, at the time when the whole milk used to make the
               whole milk product was produced, was the relevant owner of the
               whole milk; and

        (ii)   who produced the whole milk product or on whose behalf the
               whole milk product was produced;

"relevant dairy produce" means-

   (a)  whole milk; and

   (b)  whole milk products;

"relevant owner", in relation to whole milk, means the person entitled to
ownership of the whole milk obtained from a dairy cow, whether or not that
person is the owner of the cow;

"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 Market Support Act
1985, where relevant dairy produce produced by a person 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 Market Support Act
1985, where relevant dairy produce produced by a person is, after the
commencement of this sub-section, 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.