Poultry Industry Assistance Amendment Act 1985 (Cth)

Poultry Industry Assistance Amendment Act 1985

No. 100 of 1985

An Act to amend the Poultry Industry Assistance Act 1965

[Assented to 26 September 1985]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Poultry Industry Assistance Amendment Act 1985.

(2) The Poultry Industry Assistance Act 19651is in this Act referred to as the Principal Act.

Commencement

2. (1) Sections 1 and 2, sub-section 3 (1) and section 6 shall come into operation on the day on which this Act receives the Royal Assent.

(2) The remaining provisions of the Act shall come into operation on the day with effect from which the levy imposed by the Poultry Industry Levy Act 1965 is declared by the regulations made under the Rural Industries Research Act 1985 to be a prescribed levy.

Money to be paid into Fund

3. (1) Section 5 of the Principal Act is amended—

(a) by omitting from paragraph (1) (aa) “subject to sub-section (1a),”; and

(b) by omitting sub-section (1a).

(2) Section 5 of the Principal Act is amended—

(a) by omitting paragraphs (1) (a) and (aa) and substituting the following paragraphs:

“(a) amounts equal to the amounts of levy received by the Commonwealth under the Levy Collection Act by virtue of sub-section 6 (1) of the Levy Act as in force from time to time before the commencing day (including amounts payable by way of penalty under section 8 of the Levy Collection Act in respect of non-payment of amounts of levy payable by virtue of that sub-section and amounts of levy payable by virtue of that sub-section that are collected by State Egg Boards pursuant to the Levy Collection Act);

(aa) amounts equal to the amounts of levy received by the Commonwealth under the Levy Collection Act by virtue of paragraph 6 (1) (a) of the Levy Act as in force from time to time on or after the commencing day (including amounts payable by way of penalty under section 8 of the Levy Collection Act to the extent that the penalty is attributable to non-payment of amounts of levy payable by virtue of that paragraph and amounts of levy payable by virtue of that paragraph that are collected by State Egg Boards pursuant to the Levy Collection Act);”; and

(b) by adding at the end the following sub-section:

“(4) In this section—

‘commencing day’ means the day with effect from which the levy imposed by the Levy Act is declared by regulations made under the Rural Industries Research Act 1985 to be a prescribed levy;

‘Levy Act’ means the Poultry Industry Levy Act 1965;

‘Levy Collection Act’ means the Poultry Industry Levy Collection Act 1965.”.

Application of Fund

4. Section 6 of the Principal Act is amended—

(a) by omitting “, 6aa or 6b” and substituting “or 6aa; and

(b) by adding at the end the following sub-sections:

“(2) Where, immediately before 1 July 1987 or at any time after that day, money stands to the credit of the Fund that has not been approved by the Minister for payment from the Fund in accordance with section 6a or 6aa, the Minister may, notwithstanding sub-section

(1), after taking into account any recommendations made to the Minister by the Council, approve the payment of that amount to the Commonwealth for the purposes of the Research Fund established under the Rural Industries Research Act 1985 in respect of goods in respect of which levy is imposed.

“(3) Money paid pursuant to sub-section (2) to the Commonwealth for the purposes of the Research Fund referred to in that sub-section shall be taken, for the purposes of the Rural Industries Research Act 1985, to have been paid under paragraph 7 (1) (c) of that Act.”.

Repeal of section 6b

5. Section 6b of the Principal Act is repealed.

Loans to State Egg Boards by Reserve Bank

6. Section 7 of the Principal Act is amended by inserting in sub-section (1) at any time before 1 July 1987,” after “The Minister may”.

Delegation

7. Section 7a of the Principal Act is amended by omitting from sub-section (1) “, 6aa and 6b” and substituting “and 6aa”.

NOTE

1. No. 21, 1965, as amended. For previous amendments, see No. 66, 1966; Nos. 4 and 21, 1979; No. 80, 1982; No. 39, 1983; and No. 165, 1984.

[Minister’s second reading speech made in—

House of Representatives on 17 April 1985

Senate on 9 May 1985