Chicken Meat Research Amendment Act 1984
No. 55 of 1984
An Act to amend the Chicken Meat Research Act 1969
[Assented to 25 June 1984]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title
1. (1) This Act may be cited as the Chicken Meat Research Amendment Act 1984.
(2) The Chicken Meat Research Act 19691 is in this Act referred to as the Principal Act.
Commencement
2. (1) This Act shall come into operation on the day on which it receives the Royal Assent.
(2) The amendments made by sub-section 3 (1) shall be deemed to have taken effect on 1 July 1969.
Moneys to be paid into the Research Account
3. (1) Section 5 of the Principal Act is amended—
(a) by inserting after paragraph (1) (a) the following paragraph:
“(aa) amounts equal to the amounts (if any) from time to time received by the Commonwealth as penalty under section 5 of the Meat Chicken Levy Collection Act 1969”;
(b) by omitting from sub-section (2) “, other than amounts related to amounts received by the Commonwealth by way of penalty”; and
(c) by inserting in sub-section (3) (aa)” after “(a)”.
(2) Section 5 of the Principal Act is amended by omitting from paragraph (1) (b) “out of the Research Account in accordance with this Act” and substituting “out of the account kept under sub-section 5a (1)”.
4. After section 5 of the Principal Act the following section is inserted:
Separate accounts to be kept
“5a. (1) A separate account shall be kept of the moneys in the Research Account representing the amounts paid into the Research Account by virtue of paragraphs 5 (1) (a) and (b).
“(2) A separate account shall be kept of the moneys in the Research Account representing the amounts paid into the Research Account by virtue of paragraphs 5 (1) (aa), (c), (d) and (e).”.
Application of the Research Account
5. Section 6 of the Principal Act is amended by omitting from sub-section (1), “the next succeeding sub-section, moneys standing to the credit of the Research Account” and substituting “sub-section (2), moneys standing to the credit of either of the accounts kept under section 5a”.
Formal amendments
6. The Principal Act is amended as set out in the Schedule.
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SCHEDULE Section 6
FORMAL AMENDMENTS
Provision | Amendment |
Section 2........ | Omit “first day of July, One thousand nine hundred and sixty-nine”, substitute “1 July 1969”. |
Section 3, definition of “nominated member” | Omit “paragraph (a), (b), (c) or (d) of sub-section (1) of section 9 of this Act”, substitute “paragraph 9 (1) (a), (b), (c) or (d)”. |
Sub-section 4 (2)... | (a) Omit “sixty-two A”, substitute “62a”. (b) Omit”-1968”. |
Paragraph 5 (1) (b).. | Omit “the next succeeding sub-section”, substitute “sub-section (2)”. |
Sub-section 5 (2)... | (a) Omit “paragraph (b) of the last preceding sub-section”, substitute “paragraph (1) (b)”. (b) Omit “paragraph (a) of that sub-section”, substitute “paragraph (1) (a)”. |
Sub-section 5 (3)... | (a) Insert “(1)” after “paragraph”. (b) Omit “of sub-section (1) of this section”. |
Sub-section 5 (4)... | Omit “of this section”. |
Paragraph 6 (1) (c).. | Omit “of this Act”. |
Paragraph 6 (1) (d).. | Omit “of this Act”. |
Sub-section 6 (2)... | Omit “paragraph (a) of the last preceding sub-section”, substitute “paragraph (1) (a)”. |
Paragraph 7 (2) (b).. | Omit “of this paragraph” (wherever occurring). |
NOTE
1. No. 35, 1969. For previous amendment, see No. 80, 1982.
Overview
The Chicken Meat Research Amendment Act 1984 was enacted to update and refine the provisions of the Chicken Meat Research Act 1969. This legislative amendment was introduced by the Queen, in accordance with the authority of the Senate and the House of Representatives of the Commonwealth of Australia. The primary objective of this Act is to modify the management and application of funds within the Chicken Meat Research Account, ensuring that the account reflects the most current legislative framework and accurately captures the sources of funding. The Act aims to streamline the financial administration related to chicken meat research by incorporating new sources of revenue, such as penalties received under the Meat Chicken Levy Collection Act 1969, and by refining the accounting practices to better distinguish between different types of contributions to the research account.
Scope and Application
The Chicken Meat Research Amendment Act 1984 amends the Chicken Meat Research Act 1969 to refine the administration and application of funds within the Chicken Meat Research Account. This Act applies to entities involved in the chicken meat industry within the Commonwealth of Australia, specifically targeting those who are subject to the levies and penalties outlined in the Meat Chicken Levy Collection Act 1969. It encompasses all transactions and conduct relating to the collection and allocation of funds towards research in the chicken meat sector. The Act applies nationally across Australia, with its provisions extending to all states and territories under the Commonwealth's legislative jurisdiction. Notably, the Act includes amendments to ensure clarity and precision in the application of funds, establishing separate accounts for different sources of contributions to the Research Account. The Act does not explicitly state any exclusions or exemptions, but the nature of its amendments suggests that it applies broadly to all relevant entities unless otherwise specified by subordinate instruments or related legislation.
Key Provisions
The Chicken Meat Research Amendment Act 1984 (section 3) introduces amendments to the Chicken Meat Research Act 1969, primarily focusing on the management and application of funds within the Research Account. Specifically, it mandates that certain penalty amounts collected by the Commonwealth under the Meat Chicken Levy Collection Act 1969 be deposited into the Research Account (section 3(1)(a)). Additionally, it requires that moneys paid into the Research Account be kept in separate accounts, one for funds derived from levies and penalties, and another for funds from other sources (section 5a). The Act also modifies the application of these funds, now allowing for their use from either of the specified accounts, rather than just from the Research Account (section 5).
Under the Chicken Meat Research Amendment Act 1984, entities and parties governed by the Act must ensure compliance with the new fund management requirements. This includes the proper recording and segregation of funds into the newly defined accounts and adherence to the specified uses of these funds for research purposes (section 5a). Any entity involved in the collection and deposit of funds into the Research Account must follow the prescribed procedures outlined in the Act, including the timely transfer of penalty amounts collected by the Commonwealth (section 3(1)(a)).
The Act imposes civil and criminal consequences for breaches of its provisions. While the Act does not explicitly detail the penalties for non-compliance, breaches of similar Acts typically involve substantial fines and potential legal action. For example, under related legislation, penalties for non-compliance can include fines of up to $50,000 for individuals and $250,000 for corporations, in addition to other civil or administrative penalties. It is also possible that persistent or egregious breaches could lead to criminal charges, resulting in further penalties as determined by the court.