The legislation dealing with the stabilisation of butter prices was first introduced in 1933. An amending Act was passed in 1935. As a result of our experience of the administration of those Acts, I think it can be said that, as far as the creamery industry is concerned, there was general satisfaction, and that the legislation fulfilled its purpose. But with regard to non-creamery butter, it was difficult to administer and much more costly, in proportion, than the administration of the creamery industry. The collection of levies on non-creamery butter was suspended on 1st January, 1937. The suspension of the levies renders the registration of dealers in non-creamery butter unnecessary. Part II of the Principal Act makes it mandatory on the Minister to keep registers of dealers in non-creamery butter, and makes it an offence for persons to carry on business unless they are so registered.
Paragraphs (d) and (e) of sub-section (1) of Section 17 of the principal Act relate to the payment of levies by producers and distributors of non-creamery butter. The purpose of Sections 2 and 3 of the present Bill is to enable the Minister to suspend the operation of this provision of the Principal Act as and when he considers it desirable. It will be noted that the power of suspension is made retrospective. It is intended to have the suspension made operative back to the 1st January, 1937. I would like to say that this is a matter that was raised in the other House and that possibly may be raised by Senators—the power given to the Minister to suspend certain parts of the Act.
I would like to point out that under the Principal Act the Minister has power to suspend the collection of levies, which was a very important matter, and all that is asked under this Bill is that he should also have power to suspend the keeping of a register when these levies are not being collected.
Section 4 of this Bill deals with collection of levies and specifies the classes of those from whom these levies can be collected. In the case of creamery butter, the levy is collected from the creamery. In the case of non-creamery butter, it is collected only from certain classes, that is persons registered in the register of butter manufacturers or non-manufacturing exporters, or, in the register of dealers in non-creamery butter, provided for by Part II of the Principal Act. This latter register, as I have already mentioned, is not being kept since the 1st January, 1937, and it is not intended that it should be kept. The fact that levy was only collectable from certain specified persons made it difficult at times to get what I believed we should get, when there was a change of price.
For instance, if butter is put up in price—on the 1st May we put butter up by twopence a lb.—we could collect a levy of the same amount from non-manufacturing exporters and from butter factories if they happened to have butter on hands, but we could not collect from wholesalers and retailers who might possibly have large quantities of butter on hands. Owing to the fact that we could not collect levies, a very big profit was made by people who had these heavy stocks. We want the power to collect in future from those carrying big stocks of butter when there is a change in price. The levy would go into the butter stabilisation fund and would be placed there for the benefit of producers in general.
Section 5 deals with certificates of registration. Power was taken under the Principal Act to give any person a certificate of registration if he so desired, but that was never availed of and as there is no likelihood that it ever will be availed of, the section is being dropped.
Section 6 deals with the payment of levies on cream. Where a person pays a levy on cream and sells it to another person, under the present legislation it would appear we would have to collect a levy from both people, and where it might afterwards be converted into butter it appears we might have to collect also. This Section 6 is to make that right and to say that only one levy is collectable and that the cream can be sold to another person afterwards even though there would not be a levy collected afterwards.
Section 7 deals with the amendment of a levy order. We have, in the past, felt that it would be convenient if we reduced a levy during a levy period, that is, retrospectively. It is rather a difficult problem to forecast what the export market for butter will be like in advance, but, in order to make this stabilised price for butter, we have to make the best forecast we can. We arrange what the levy collectable on butter sold at home should be and we arrange what the bounty should be on butter exported. If we are wrong in our calculations and if butter goes lower than we had thought, we must put up with that and try to make it right in the next levy period, but, if butter increases in price on the export market, we feel we should be in a position to give the benefit of that increase to the producer. We have no such power at present and we are asking for power to make orders reducing the levy and, therefore, collecting less than we had anticipated.
Sections 8, 9 and 10 deal with butter coming in to the country. We have not much butter coming in but on a few occasions we had to import butter towards the end of the season. We regard the butter season as running from the 1st April to 31st March. Sometimes in the month of March in the past two years we had to import a certain amount of butter. We have not allowed importers to bring in that butter and sell it at prices at home which would bring them a big profit, so that in order to allow whatever profit we can, we take a levy off the butter coming in and the proceeds are brought into this stabilisation fund. Again, we have to forecast there. The power I am asking for in this Bill is that we should be allowed to reduce that levy afterwards. The way that will operate will probably be something like this: We give a permit to a person to bring in butter. We have no idea how the market may go in the month of March, as we have to give the permits at the beginning of the month. We put on a fairly high levy, say, 60/-, knowing it is far too high, but, when we come to collect the levy at the end of the month we know what the price was coming in and the price at the time the allowance was made, so we then reduce the levy to what we think would be a fair amount.
In that way we get what is fair, and at the same time we allow the importer an ordinary profit. Just like Section 7, where power is sought to reduce a levy retrospectively, we want the same power under Section 11, reciprocal power, if you like. We want power to increase retrospectively a bounty at the end of the levy period. As I said already, we fix the bounty and the levy on a forecast of what conditions in the foreign market are likely to be. We find that, perhaps, we have got more from the levy than we expected, and we may find that at the end of the period we have more money than we anticipated and that we could afford to pay out more; therefore we are asking for power to pay out a higher bounty than we had announced, but not for power to pay less. We are giving the benefit, in other words, to the producer, and we are not asking for power to reduce the bounty.
Section 12 deals with offences regarding minimum prices. Hitherto only the seller was guilty of an offence. I think it only reasonable that the buyer should be considered guilty of an offence also. Frequently he is often more wealthy. The buyer is often a man with means, and he tempts the poorer creamery with ready cash and induces that creamery to sell to him below the fixed minimum price. Up to this, the creamery could be fined for committing an offence like that, but we could not do anything against the purchaser. This Bill will enable us to do it.
Section 13 deals with a small omission in a section of the Principal Act which makes it an offence to give false information as well as an offence not to give information at all.
I have dealt with this Bill section by section because it is a Bill by reference and there is no underlying principle. It deals with a number of matters, and that is why I have gone through it section by section.