EXPLANATORY STATEMENT
STATUTORY RULES 1987 No. 192
Issued by the Authority of the Minister for Primary Industries and Energy
EGG INDUSTRY RESEARCH (HEN QUOTA) LEVY COLLECTION REGULATIONS
The Egg Industry Research (Hen Quota) Levy Collection Act 1987 (Act No 84 of 1987, assented to on 5 June 1987) (the Act), provides in Section 10 that the Governor-General may make regulations prescribing, amongst other matters, the manner of payment of levy and other money payable to the Commonwealth under the Act.
The levy to be collected under the Act from egg producers is based on State and Territory hen quotas and will provide funds for research.
To facilitate levy collection the Act empowers the Commonwealth to enter into arrangements with each State and the Northern Territory for collection of levy on the Commonwealth’s behalf by State Egg Boards and the Northern Territory administration. Levy in the Australian Capital Territory is to be collected by the Department of Primary Industries and Energy.
The Commonwealth has reached agreement with all States and the Northern Territory for the respective State Egg Boards and the Territory to collect levy on the Commonwealth’s behalf. To complete the levy collection arrangements it is necessary to specify the name and address of the collecting authority to which levy payers should make payments in their State or Territory.
The purpose of the Regulations is to specify the levy collection authorities as the point of payment for levy payers.
Overview
The Egg Industry Research (Hen Quota) Levy Collection Regulations 1987 were introduced to provide a framework for the collection of levies under the Egg Industry Research (Hen Quota) Levy Collection Act 1987. This Act was enacted by the Parliament of Australia to address the need for funding research within the egg industry by imposing a levy on egg producers, based on hen quotas from each State and Territory. The primary objective of the Act, as outlined in its explanatory statement, is to facilitate the collection of these levies to fund research initiatives. The Regulations were made under the authority granted in Section 10 of the Act, which allows the Governor-General to prescribe the manner of payment of the levy. The Regulations specify the collecting authorities for each jurisdiction, thereby ensuring a streamlined process for levy collection and compliance by egg producers.
Scope and Application
The Egg Industry Research (Hen Quota) Levy Collection Regulations, made under the Egg Industry Research (Hen Quota) Levy Collection Act 1987, pertain to egg producers within the Australian states and the Northern Territory, who are required to remit levies based on their respective state and territory hen quotas. This legislation facilitates the collection of these levies by designating specific authorities, namely the State Egg Boards and the Northern Territory administration, to act on behalf of the Commonwealth. In the Australian Capital Territory, levy collection is managed by the Department of Primary Industries and Energy. The Act allows for the collection of funds intended to finance research within the egg industry, ensuring that these levies are systematically gathered and managed by the specified authorities. This jurisdictional approach underscores a cooperative framework between the Commonwealth and the states, ensuring uniform application and collection of the levy across the nation.
Key Provisions
The primary sections of the Egg Industry Research (Hen Quota) Levy Collection Regulations (2004) (Regulations) pertain to the specification of the authorities responsible for levy collection. Section 3 of the Regulations identifies the collecting authorities in each state and territory, ensuring clarity and ease of payment for levy payers (section 3). These authorities include State Egg Boards and the Northern Territory administration, as mandated by the Egg Industry Research (Hen Quota) Levy Collection Act 1987 (Act). The Regulations also include the address and name of the Department of Primary Industries and Energy, which is responsible for levy collection in the Australian Capital Territory (section 3).
The obligations imposed by the Regulations on parties and entities governed by the Act include the requirement to make levy payments to the specified collecting authorities (section 3). Egg producers must ensure that their payments are made to the correct authority as outlined in the Regulations. The collecting authorities have the responsibility to process and forward these payments to the Commonwealth, ensuring that funds are appropriately allocated for research purposes as outlined in the Act.
Failure to comply with the Regulations may result in penalties and consequences. Although the specific penalties are not detailed within the Regulations, breaches of the Act may lead to enforcement actions by the Commonwealth, including potential financial penalties or legal proceedings. The Act itself, however, does not specify maximum penalties for non-compliance in the Regulations, implying that the applicable penalties would be those generally applicable to breaches of statutory regulations in Australia. This could include fines or other sanctions as determined by the relevant court.