Egg Industry Research (Hen Quota) Levy Amendment Act 1987
No. 107 of 1987
An Act to amend the Egg Industry Research (Hen Quota)
Levy Act 1987
[Assented to 13 November 1987]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title etc.
1. (1) This Act may be cited as the Egg Industry Research (Hen Quota) Levy Amendment Act 1987.
(2) The Egg Industry Research (Hen Quota) Levy Act 19871 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall be deemed to have come into operation on 1 July 1987.
Interpretation
3. Section 4 of the Principal Act is amended by omitting the definition of “hen quota licence” and substituting the following definitions:
“ ‘hen quota’, in relation to a hen quota licence, means the maximum number of laying hens that the holder of the licence is entitled to keep under the licence;
‘hen quota licence’ means a licence or authorisation (however described) issued under a law of a State or Territory that entitles the holder to keep laying hens (whether at a particular place or otherwise);”.
Egg production in Northern Territory
4. Section 5 of the Principal Act is amended:
(a) by omitting from paragraph (b) “specified in” (last occurring) and substituting “for”; and
(b) by omitting from paragraph (d) “specified in” and substituting “for”.
Egg production in Australian Capital Territory
5. Section 6 of the Principal Act is amended:
(a) by omitting from paragraph (2) (b) “specified in” (last occurring) and substituting “for”; and
(b) by omitting from paragraph (2) (d) “specified in” and substituting “for”.
Laying hens kept
6. Section 7 of the Principal Act is amended by omitting from subsection (2) “specified in the licence or the sum of the hen quotas specified in” and substituting “for the licence or the sum of the hen quotas for”.
NOTE
1. No. 70, 1987.
[Minister’s second reading speech made in—
House of Representatives on 18 September 1987
Senate on 27 October 1987]
Overview
The Egg Industry Research (Hen Quota) Levy Amendment Act 1987 was enacted to amend the Egg Industry Research (Hen Quota) Levy Act 1987, addressing the need for adjustments in the regulatory framework governing the egg industry in Australia. This legislation was enacted by the Parliament of Australia and seeks to refine the definitions and applicability of hen quotas and licences within the industry. It ensures that the legal definitions and provisions are clear and appropriately aligned with the practices of the egg production industry, particularly in the Northern Territory and the Australian Capital Territory. The Act aims to provide a more streamlined and effective regulatory environment for egg producers by clarifying the scope and application of hen quotas and licences.
Scope and Application
The Egg Industry Research (Hen Quota) Levy Amendment Act 1987 applies to persons or entities holding hen quota licences under state or territory laws, who are engaged in egg production. The Act amends the Egg Industry Research (Hen Quota) Levy Act 1987 to update the definitions and provisions related to egg production and the management of laying hens in specific regions, including the Northern Territory and the Australian Capital Territory. The Act has a national reach as it applies to the entire Commonwealth of Australia. The primary amendment involves redefining terms such as "hen quota" and "hen quota licence" to ensure clarity and consistency in the application of the levy. This Act extends its application through subordinate instruments, which may further define the scope and operation of the amended provisions. Notably, the Act does not explicitly state any exclusions, exemptions, or thresholds, implying that all holders of hen quota licences within the specified jurisdictions are subject to its provisions.
Key Provisions
The main operative sections of the Egg Industry Research (Hen Quota) Levy Amendment Act 1987 (referred to as the Amendment Act) involve the amendments to the Egg Industry Research (Hen Quota) Levy Act 1987 (the Principal Act). Specifically, Section 3 of the Amendment Act redefines the terms "hen quota" and "hen quota licence" to provide clarity on the maximum number of laying hens a licence holder can keep under a hen quota licence. Section 4 amends Section 5 of the Principal Act to adjust the application of the Act to egg production in the Northern Territory, while Section 5 amends Section 6 of the Principal Act to adjust the application to egg production in the Australian Capital Territory. Lastly, Section 6 amends Section 7 of the Principal Act to clarify the definition of laying hens kept under a hen quota licence.
The Amendment Act imposes several obligations and requirements on parties or entities governed by the Principal Act. Most notably, it mandates that the definitions of "hen quota" and "hen quota licence" be interpreted as per the changes made by the Amendment Act. This means that licence holders must adhere to the new definitions when interpreting their rights and obligations under their hen quota licence. Additionally, the amendments to Sections 5 and 6 of the Principal Act ensure that the Act applies to egg production in the Northern Territory and the Australian Capital Territory, respectively. Licence holders in these regions must comply with the amended provisions when engaging in egg production activities.
The Amendment Act does not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, as the Principal Act governs the regulation of the egg industry and the collection of levies, it is reasonable to infer that any breaches of the amended provisions could result in enforcement actions under the Principal Act. Such actions may include fines, compliance orders, or other regulatory measures aimed at ensuring adherence to the amended provisions. The maximum penalties for breaches of the Principal Act would depend on the specific nature of the breach and the applicable state or territory laws.