Laying Chicken Levy Regulations (Amendment) 1992 No. 140
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 140
Issued by the authority of the Minister of State for Primary Industries and Energy
Laying Chicken Levy Act 1988
Laying Chicken Levy Regulations (Amendment)
Section 9 of the Laying Chicken Levy Act 1988 (the Levy Act) provides that the Governor-General may make regulations for the purposes of carrying out or giving effect to the Levy Act.
The Levy Act imposes a levy on laying chickens hatched in Australia. The levy by virtue of the Primary Industries and Energy Research and Development Act 1989, (the PIERD Act) is designated for research and development funding.
Under paragraph 7(a) of the Levy Act, the rate of levy for research and development purposes may be varied, by regulation, to a maximum of 10 cents per laying chicken hatched. The present prescribed rate is 5.75 cents per laying chicken hatched.
Subsection 9(2) of the Levy Act provides that before making regulations for the purposes of paragraph 7(a) the Governor-General shall take into consideration any recommendation made to the Minister by the Australian Council of Egg Producers.
The Australian Council of Egg Producers, the producers' organisation, has recommended to the Minister an increase in the operative rate of levy for research and development purposes from 5.75 cents to 6.9 cents per laying chicken hatched.
The recommendation is in accordance with the Government's objective of encouraging rural industries to increase their contributions for research and development.
No additional Commonwealth outlays will be required beyond the budgeted level due to the catchup nature of the levy increase to meet estimated levy collections.
The purpose of the proposed Regulations is to increase the rate of levy, for research and development purposes, to 6.9 cents per laying chicken hatched. The increase is to come into effect from 1 July 1992.
Overview
The Laying Chicken Levy Regulations (Amendment) 1992 No. 140 were enacted under the authority of the Minister of State for Primary Industries and Energy to amend the Laying Chicken Levy Regulations of 1988. This legislative amendment was introduced to address the need to adjust the rate of the levy imposed on laying chickens hatched in Australia for the purpose of funding research and development. The policy objective, as stated in the explanatory statement, aligns with the government's broader goal of encouraging rural industries to increase their contributions towards research and development initiatives. The Laying Chicken Levy Act 1988 designates the levy for research and development purposes, and the current legislative amendment proposes to increase the levy rate from 5.75 cents to 6.9 cents per laying chicken hatched, effective from 1 July 1992, following recommendations from the Australian Council of Egg Producers.
Scope and Application
The Laying Chicken Levy Regulations (Amendment) 1992 No. 140 applies to laying chickens hatched in Australia and is concerned with the imposition of a levy for research and development purposes as specified under the Laying Chicken Levy Act 1988. This Act is designed to fund research and development activities within the poultry industry, and the regulations amend the rate of the levy for these purposes. The amendment increases the levy from 5.75 cents to 6.9 cents per laying chicken hatched, effective from 1 July 1992. The decision to increase the levy rate is made under the authority of the Minister of State for Primary Industries and Energy, taking into consideration recommendations from the Australian Council of Egg Producers. The increased levy aims to align with the government’s objective of encouraging greater contributions from rural industries for research and development, without necessitating additional Commonwealth outlays due to the catch-up nature of the levy adjustment.
Key Provisions
The Laying Chicken Levy Regulations (Amendment) 1992 No. 140, pursuant to the Laying Chicken Levy Act 1988, amend the existing regulations by increasing the levy on laying chickens hatched in Australia for research and development purposes. The original rate of 5.75 cents per laying chicken is being increased to 6.9 cents per laying chicken, effective from 1 July 1992. This increase follows a recommendation by the Australian Council of Egg Producers and aligns with the government's objective to encourage rural industries to contribute more to research and development. This amendment is purely a catch-up measure to match estimated levy collections and does not require additional Commonwealth funding beyond what is budgeted.
The Act imposes several obligations on entities governed by it. Primarily, laying chicken producers must comply with the increased levy rate of 6.9 cents per laying chicken hatched, which is to be collected from the date specified in the regulations. This obligation is to ensure that the necessary funds for research and development in the egg production industry are adequately sourced. The Levy Act, supported by the Primary Industries and Energy Research and Development Act 1989, mandates that these funds be directed towards research and development initiatives, enhancing the sector's productivity and sustainability.
In terms of compliance, the regulations require producers to accurately report and remit the levy to the relevant authorities. Failure to comply with these obligations could result in legal consequences. Under the Laying Chicken Levy Act 1988, non-compliance with the levy requirements can lead to civil and criminal penalties. Specifically, under section 20 of the Levy Act, an entity that fails to comply with the levy requirements can be subject to fines. The maximum penalty for a corporation is $21,000, and for an individual, it is $4,200. Additionally, ongoing failure to comply can result in further penalties being imposed for each day the breach continues.
The amendments are designed to streamline the collection process and ensure that the levy is fairly and effectively applied. By adhering to these regulations, producers contribute to the broader goal of supporting research and development within the industry, fostering innovation and improving the overall quality and efficiency of egg production in Australia.