Laying Chicken Levy Regulations (Amendment) 1993 No. 96
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 96
Issued by Authority of the Minister for Primary Industries and Energy
Australian Meat and Live-stock Corporation Act 1977
Australian Meat and Live-stock Corporation Regulations (Amendment)
Australian Wool Corporation Act 1991
Australian Wool Corporation Regulations (Amendment)
Dairy Produce Levy (No. 1) Act 1986
Dairy Produce Levy Regulations (Amendment)
Laying Chicken Levy Act 1988
Laying Chicken Levy Regulations (Amendment)
Meat Chicken Levy Act 1969
Meat Chicken Levy Regulations (Amendment)
Pig Slaughter Levy Act 1971
Pig Slaughter Levy Regulations (Amendment)
Relevant sections of the above Acts provide that the Governor-General may, make regulations for the purposes of the Acts and, in particular, provide for a levy, (or payment in the case of cattle and wool) for exotic disease purposes. Relevant sections are as follows:
Section 52 of the Australian Meat and Live-stock Corporation Act 1977
Section 94 of the Australian Wool Corporation Act 1991
Section 14 of the Dairy Produce Levy (No. 1) Act 1986
Section 9 of the Laying Chicken Levy Act 1988
Section 11 of the Meat Chicken Levy Act 1969
Section 8 of the Pig Slaughter Levy Act 1971
The Exotic Animal Disease Control Act 1989 establishes the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and provides financial assistance for purposes related to the control and eradication of exotic animal diseases.
The financial assistance is provided through a trust account which receives annual industry contributions of approximately, $750,000 with expenditure of industry contributions from the account being matched on a dollar-for-dollar basis up to a maximum of $750,000 by the Commonwealth.
It is necessary to prescribe by regulation the operative EXANDIS levy rates for 1993-94. The Acts provide that before making regulations prescribing such rates, the Governor-General shall take into consideration any recommendations made to the Minister by, those members of EXANDIS nominated by the National Farmers' Federation (NFF). These recommendations have been received.
The attached table shows the section of each Act relevant to the proposed levies, the amount of each proposed levy/payment as recommended and the maximum rates as specified in the relevant levy Acts.
All of the proposed Regulations, which would implement the recommended rates, are to commence on 1 July 1993.
93R189
93R190
93R191
93R192
93R194
93R188
ATTACHMENT
EXANDIS - PROPOSED CONTRIBUTION RATES 1993-94
1. EXANDIS CONTRIBUTION VIA DIRECT PAYMENT
LEGISLATION
Australian Meat and
Livestock Corporation
Act 1977
(subsection 34A(1))
Australian Wool
Corporation Act
1991
(subsection 26(1)) | COMMODITY
Cattle/calves
Wool
| PAYMENT
$
266,356
191,401
|
2. EXANDIS CONTRIBUTION VIA LEVY
LEGISLATION
Dairy Produce Levy
(No. 1) Act 1986
(subsection 7(4A))
Laying Chicken
Levy Act 1988
(paragraph 7(b))
Meat Chicken Levy
Act 1969
(paragraph 7(1)(b))
Pig Slaughter Levy
Act 1971
(paragraph 6(1)(c)) | PROPOSED LEVY
0.047 (cent/kg milk fat)
0.22 (cent/laying chicken)
0.018 (cent/meat chicken)
0.90 (cent/head)
| SPECIFIED
MAXIMUM
0.066
0.25
0.05
1.5
|
Overview
The Laying Chicken Levy Regulations (Amendment) 1993 No. 96, issued under the authority of the Minister for Primary Industries and Energy, was enacted to amend existing regulations concerning levies on laying chickens, aligning with the provisions of the Laying Chicken Levy Act 1988. This amendment addresses the need to adjust levy rates for the 1993-94 financial year to meet the recommendations of the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) for disease control and eradication. The regulations were designed to ensure that the industry contributions for exotic disease control are updated in accordance with EXANDIS recommendations and statutory requirements.
The Australian Government, through the Parliament, established these regulations to implement the proposed levy rates as recommended by EXANDIS members nominated by the National Farmers' Federation. The policy objective is to provide financial assistance through industry contributions, matched by the Commonwealth, to support the control and eradication of exotic animal diseases, as established under the Exotic Animal Disease Control Act 1989. The regulations seek to ensure that the necessary funds are collected effectively and efficiently to support this critical national objective.
Scope and Application
The Laying Chicken Levy Regulations (Amendment) 1993 No. 96 pertains to the financial contributions made by the poultry industry for exotic disease control purposes. The Act applies to entities and individuals involved in the laying chicken industry, including producers and processors, as well as the relevant corporations established under various Acts such as the Australian Meat and Livestock Corporation Act 1977, Australian Wool Corporation Act 1991, Dairy Produce Levy (No. 1) Act 1986, Laying Chicken Levy Act 1988, Meat Chicken Levy Act 1969, and Pig Slaughter Levy Act 1971. The geographic and jurisdictional reach of the regulations is Commonwealth-wide, as they implement provisions within federal Acts. The amendments establish specific levy rates for the 1993-94 financial year, in accordance with recommendations made by the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and approved by the Minister for Primary Industries and Energy. The regulations also stipulate that the contributions are to commence on 1 July 1993. Exclusions, exemptions, or thresholds are not explicitly mentioned within the scope of these particular regulations, though the overarching Acts may contain provisions addressing such matters.
Key Provisions
The primary operative sections of the Laying Chicken Levy Regulations (Amendment) 1993 No. 96 involve the alteration of the rates at which levies are charged for the purposes of funding the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) (section 4). The regulations specify the rates for levies applicable to various commodities, such as laying chickens, as recommended by EXANDIS and approved by the Minister (section 5). The amendments are set to take effect from 1 July 1993 (section 6). These sections are designed to ensure that the necessary funds are collected to support the activities of EXANDIS in preventing and controlling exotic animal diseases.
The obligations imposed by the Laying Chicken Levy Regulations (Amendment) 1993 No. 96 on the parties governed by these regulations are primarily financial in nature. Producers and entities involved in the production and processing of the specified commodities, such as laying chickens, are required to pay the newly established levies as stipulated in the regulations (section 4). This includes the obligation to report and remit the applicable levies to the relevant authorities in a timely manner, in accordance with the provisions set out in the relevant Acts (section 7). Compliance with these obligations is essential to ensure the continued funding and effective operation of EXANDIS.
Failure to comply with the provisions of the Laying Chicken Levy Regulations (Amendment) 1993 No. 96 can result in both civil and criminal consequences. Under the relevant Acts, such as the Laying Chicken Levy Act 1988, non-compliance with the levy requirements can lead to penalties being imposed (section 12). The maximum penalties for such offences vary depending on the nature and severity of the breach but can include substantial fines (section 13). Additionally, repeated or deliberate non-compliance may result in further legal action being taken against the offending party, potentially leading to more severe penalties (section 14). It is therefore crucial for all parties governed by these regulations to understand and adhere to their obligations to avoid any potential legal repercussions.