Egg Industry Research (Hen Quota) Levy Amendment Act 1989

Overview

The Egg Industry Research (Hen Quota) Levy Amendment Act 1989 was enacted by the Commonwealth Parliament to amend the Egg Industry Research (Hen Quota) Levy Act 1987. The amendment was introduced to address issues related to the rate of levy imposed on laying hens and to ensure the involvement of relevant stakeholders in the regulatory process. The policy objective of the Act is to establish a more flexible and stakeholder-inclusive approach to the setting of levies within the egg industry. The Act allows for the rate of levy to be prescribed by regulations, with a cap on the amount that can be prescribed based on recommendations from the Exotic Animal Disease Preparedness Consultative Council, ensuring that the process is both controlled and consultative.

Scope and Application

The Egg Industry Research (Hen Quota) Levy Amendment Act 1989 is a Commonwealth Act that amends the Egg Industry Research (Hen Quota) Levy Act 1987. The Act applies to entities involved in the egg industry, specifically those who maintain laying hens, as well as those responsible for levying and collecting the specified levies. It operates nationally within the Commonwealth of Australia, extending its reach to all participants in the egg industry across the country. The Act establishes a rate of levy on laying hens, which is to be prescribed by regulation, with specific provisions for the Exotic Animal Disease Preparedness Consultative Council to make recommendations to the Minister regarding the levy related to exotic animal disease preparedness. The Act also includes provisions for the termination of certain sections, namely paragraph 10(b) and subsection 11(2a), which cease to have effect at the end of 30 June 1995. The regulations mentioned in the Act provide a mechanism for implementing the provisions outlined, subject to the specified thresholds and recommendations from the Consultative Council.

Key Provisions

The Egg Industry Research (Hen Quota) Levy Amendment Act 1989 (Act) amends the Egg Industry Research (Hen Quota) Levy Act 1987 (Principal Act). The Act establishes a new rate of levy (section 10) and modifies the regulations governing this levy (section 11). It also includes provisions for the termination of certain parts of the Principal Act (section 12). Specifically, section 10 of the Principal Act is repealed and replaced with a new provision that sets the rate of levy as an amount not exceeding 10 cents for each laying hen, in addition to an amount not exceeding 0.25 cent (section 10(a) and (b)). Section 11 of the Principal Act is amended to reflect these changes and includes new subsections that specify how the levy rate is determined and who can make recommendations regarding the levy. The Act imposes specific obligations on the parties it governs, primarily through the new regulatory framework it introduces. Under section 11, the Exotic Animal Disease Preparedness Consultative Council, established under the Exotic Animal Disease Control Act 1989, can make recommendations to the Minister regarding the regulations for the levy rate under paragraph 10(b) of the Principal Act. The Council's recommendations are limited by subsection 11(2a), which states that regulations cannot exceed the last amount recommended by the Council. Additionally, subsection 11(4) mandates that regulations cannot prescribe an amount greater than the last amount recommended to the Minister under subsection 11(2a). Failure to comply with the provisions of this Act can result in legal consequences. However, the Act does not explicitly state specific offences or penalties for breach. Instead, it relies on the broader legal framework under which it operates, which may include administrative or judicial penalties for non-compliance. It is important to note that subsection 12(2) of the Act specifies that certain provisions, including paragraph 10(b) and subsection 11(2a), will cease to have effect at the end of 30 June 1995, unless sooner repealed. This termination date highlights the temporary nature of some of the regulatory measures introduced by the Act.