Laying Chicken Levy Amendment Act 1989

Overview

The Laying Chicken Levy Amendment Act 1989 was enacted to amend the Laying Chicken Levy Act 1988, addressing the need to adjust the rate of levy on laying chickens and to specify conditions under which these levies could be prescribed. This legislation was enacted by the Parliament of Australia, aiming to fine-tune the regulatory framework around the levy to better align with industry recommendations and prevent the prescription of rates exceeding those recommended by relevant bodies. The Act's policy objective is to ensure that the levy rates are not only fair but also effectively reflect the recommendations of key industry stakeholders, thus maintaining a balanced approach in the regulation of the laying chicken industry.

Scope and Application

The Laying Chicken Levy Amendment Act 1989 is an amendment to the Laying Chicken Levy Act 1988, which itself imposes a levy on laying chickens to fund activities related to exotic animal diseases. This amending Act applies to the levy structure set out in the Principal Act, particularly in respect of the rate of levy and the regulatory processes for determining this rate. The Act is applicable to entities involved in the production and distribution of eggs from laying chickens, as well as those who are responsible for the management and control of exotic animal diseases in Australia. The Act has a Commonwealth reach as it is a federal Act. The Act modifies the levy rates and the regulatory framework for prescribing these rates, requiring recommendations from specific councils before any regulations can be made. Notably, certain provisions of the Act, specifically those related to the levy component under paragraph 7(b) and subsection 9(3), are set to cease operation on 30 June 1995, unless repealed sooner. The application of the Act can be further extended or restricted through subordinate regulations, as specified within the Act.

Key Provisions

The Laying Chicken Levy Amendment Act 1989 amends the Laying Chicken Levy Act 1988. The principal changes introduced by the Act include modifications to the rate of the levy and the process for setting the levy amount. Section 7 of the Principal Act is repealed and replaced with a new provision that sets the rate of levy at an amount not exceeding 10 cents for each laying chicken, and another amount not exceeding 0.25 cent for each laying chicken (s. 3). The Act also amends section 9 of the Principal Act to include a new process for setting the amount of the levy (s. 4). Under the new process, regulations cannot be made prescribing an amount for the purposes of paragraph 7(a) unless the Australian Council of Egg Producers has made a recommendation to the Minister, and regulations cannot be made prescribing an amount for the purposes of paragraph 7(b) unless the members of the Exotic Animal Disease Preparedness Consultative Council have made a recommendation to the Minister (s. 4). Additionally, regulations cannot be made prescribing an amount that is greater than the amount recommended (s. 4). Finally, the Act provides that certain provisions of the Principal Act will cease to have effect at the end of 30 June 1995 (s. 5). The Laying Chicken Levy Amendment Act 1989 imposes obligations on the Australian Council of Egg Producers and the Exotic Animal Disease Preparedness Consultative Council. The Australian Council of Egg Producers must make a recommendation to the Minister with respect to the amount to be prescribed for the purposes of paragraph 7(a) of the Principal Act. Similarly, the Exotic Animal Disease Preparedness Consultative Council must make a recommendation to the Minister with respect to the amount to be prescribed for the purposes of paragraph 7(b) of the Principal Act. The Act also imposes obligations on the Minister, who must not make regulations prescribing an amount for the purposes of paragraph 7(a) or 7(b) unless a recommendation has been made by the relevant body. Furthermore, the Minister must not make regulations prescribing an amount that is greater than the amount recommended. The Laying Chicken Levy Amendment Act 1989 does not explicitly create any new offences or penalties. However, it is possible that breaches of the amended provisions of the Principal Act may give rise to civil or criminal consequences. For example, a person who contravenes a regulation made under section 9 of the Principal Act may be liable to a penalty not exceeding level 3 on the standard penalty scale, which is currently set at $2,750 for individuals and $13,750 for bodies corporate. The Act also provides that certain provisions will cease to have effect at the end of 30 June 1995, which may have consequences for parties who have entered into contracts or other arrangements based on the assumption that those provisions would continue in force.