Egg Industry Research (Hen Quota) Levy Act 1987

Overview

The Egg Industry Research (Hen Quota) Levy Act 1987 was enacted to address the need for funding research within the egg industry by imposing a levy on hens kept for egg production. The Act was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia. The policy objective of the Act is to ensure the financial sustainability of egg industry research by collecting a levy from those involved in egg production. This Act provides a structured approach to regulating the egg industry, ensuring that research efforts are adequately funded through the specified levy mechanism. The Act also incorporates the Egg Industry Research (Hen Quota) Levy Collection Act 1987, ensuring that the collection process is governed by the same legislative framework.

Scope and Application

The Egg Industry Research (Hen Quota) Levy Act 1987 applies to individuals and entities that keep hens for the production of eggs intended for human consumption, specifically those who hold a hen quota licence as defined by state or territory laws. The Act imposes a levy on these laying hens to fund research within the egg industry. This legislation has a Commonwealth reach, as it operates across Australia but in conjunction with state and territory laws that govern hen quota licences. It does not apply if a state or territory ceases to provide for such licences. The Act includes provisions for the Minister to make declarations regarding hen quota licences in the Northern Territory and the Australian Capital Territory, thereby extending its application to these jurisdictions under specific conditions. The Act is subject to regulation by the Governor-General, who must consider recommendations from the Australian Council of Egg Producers when setting the rate of the levy, which cannot exceed 10 cents per laying hen.

Key Provisions

The Egg Industry Research (Hen Quota) Levy Act 1987 (the Act) sets out the framework for imposing a levy on hens kept for egg production in certain jurisdictions. The Act begins by outlining its short title and commencement date (sections 1 and 2). It incorporates the Egg Industry Research (Hen Quota) Levy Collection Act 1987 (section 3), which should be read in conjunction with the Act. The interpretation section (section 4) defines key terms such as "hen," "hen quota licence," "laying hen," "levy," and "producers organisation." The Act provides for specific provisions regarding egg production in the Northern Territory (section 5) and the Australian Capital Territory (section 6), detailing how the Minister may declare certain persons as hen quota licence holders and specifying the hen quotas for those licences. Importantly, the Act stipulates that a person must hold a hen quota licence to be considered as keeping laying hens on 1 July of each year (section 7). The levy is imposed on 1 July annually in respect of laying hens kept on that day (sections 8 and 9), with the rate of the levy being prescribed, not exceeding 10 cents per laying hen (section 10). The Governor-General has the authority to make regulations concerning the levy rate, subject to the advice of the Executive Council and any recommendations from the producers organisation (section 11). Lastly, the Act will cease to have effect if the law of any State ceases to provide for hen quota licences (section 12). The Act imposes several obligations on the parties it governs. Primarily, any person keeping laying hens on 1 July must hold a valid hen quota licence, and the number of laying hens they keep must not exceed the hen quota specified in the licence (section 7). The holder of a hen quota licence must pay the levy imposed on 1 July in each year (section 9). The Act also requires the Minister to consider recommendations from the producers organisation when making regulations regarding the levy rate (section 11). Additionally, the Act mandates that the Egg Industry Research (Hen Quota) Levy Collection Act 1987 be read in conjunction with the Act (section 3). Breaches of the Act may result in civil or criminal consequences. Although specific offences are not detailed in the provided text, the imposition of a levy suggests that failure to pay the levy could result in financial penalties or legal action. The Act does not explicitly state maximum penalties for breaches; however, non-compliance with levy requirements could lead to enforcement actions by the relevant authorities. Additionally, the Act's termination clause indicates that the Act ceases to have effect if the law of any State ceases to provide for hen quota licences (section 12), which may have implications for those relying on the Act's provisions.