Laying Chicken Levy Regulations (Amendment) 1997 No. 164
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 164
Issued by the Authority of the Minister for Primary Industries and Energy
Laying Chicken Levy Act 1988
Laying Chicken Levy Regulations (Amendment)
The Laying Chicken Levy Act 1988 (the Act) imposes a levy in respect of laying chickens hatched in Australia. The levy is directed to the Rural Industries Research and Development Corporation for research and development and the Australian Animal Health Council (AAHC) for the coordination of animal health services for Australia.
Section 9(1) of the Act provides that the Governor-General may make Regulations for the purposes of levy rates.
The levy for research and development purposes is increased from 6.9 cents to 7.2 cents per chick hatched, from 1 July 1997. The levy for AAHC purposes is increased from 0.21 cents per chick hatched to 0.33 cents per chick hatched from 1 July 1997 to 30 June 1998. From 1 July 1998 the levy will revert to 0.21 cents per meat chicken hatched. The increased levies are consistent with the AEIA recommendations. The increased AAHC levy will raise $12,000 which will be used to pay outstanding subscriptions which accumulated over the last two years.
Details of the Regulations are set out below:
Regulation 1 commenced on 1 July 1997, except for Regulation 4.
Regulation 2 amended the Laying Chicken Levy Regulations.
Regulation 3 set the AAHC levy at 0.33 cents from 1 July 1997 to 30 June 1998, and sets the research and development levy at 7.2 cents from 1 July 1997.
Regulation 4 omitted subregulation 3(2) from 1 July 1998. This will have the effect that the rate of levy payable to the AAHC from that date will be the rate stated in paragraph 7(b) of the Act, which is 0.21 cents.
The Regulations commenced on 1 July 1997.
Overview
The Laying Chicken Levy Regulations (Amendment) 1997 No. 164 were enacted to amend the existing Laying Chicken Levy Regulations under the Laying Chicken Levy Act 1988. This amendment was introduced to address the need for adjustments in the levy rates applied to laying chickens hatched in Australia, in line with the Australian Egg Industry Association's recommendations. The amendment was issued under the authority of the Minister for Primary Industries and Energy and aims to ensure the appropriate funding is allocated for research and development as well as animal health services. Specifically, the levy for research and development purposes was increased from 6.9 cents to 7.2 cents per chick hatched, effective from 1 July 1997, and the levy for the Australian Animal Health Council was increased from 0.21 cents to 0.33 cents per chick hatched from 1 July 1997 to 30 June 1998, before reverting to 0.21 cents from 1 July 1998. The increased levies are designed to cover the costs of outstanding subscriptions for the Council accumulated over the past two years.
Scope and Application
The Laying Chicken Levy Act 1988 applies to all laying chickens hatched in Australia and mandates a levy to fund research and development as well as coordination of animal health services. Specifically, it targets entities involved in the hatching of laying chickens, ensuring that these entities contribute to the costs associated with improving the industry. The Act’s jurisdiction is national, impacting all stakeholders across Australia. However, it does not extend to other forms of poultry or livestock. The Governor-General has the authority to amend the levy rates through subordinate legislation, as evidenced by the Laying Chicken Levy Regulations (Amendment) 1997, which increased the research and development levy from 6.9 cents to 7.2 cents per chick hatched, and temporarily raised the levy for the Australian Animal Health Council from 0.21 cents to 0.33 cents per chick hatched from 1 July 1997 to 30 June 1998. These changes were implemented to align with the Australian Egg Industry Advisory Council's recommendations and to settle outstanding subscriptions for the AAHC.
Key Provisions
The Laying Chicken Levy Regulations (Amendment) 1997 No. 164, made under the Laying Chicken Levy Act 1988, introduce amendments to the levy rates applied to laying chickens hatched in Australia. Section 9(1) of the Act allows for the Governor-General to set these rates through regulation. Effective from 1 July 1997, the amendment raises the levy for research and development purposes from 6.9 cents to 7.2 cents per chick hatched. Additionally, the levy for the Australian Animal Health Council (AAHC) purposes is increased from 0.21 cents to 0.33 cents per chick hatched from 1 July 1997 to 30 June 1998, after which it reverts to 0.21 cents per chick hatched. These changes align with the Australian Egg Industry Advisory Council's recommendations and aim to address accumulated subscriptions for the AAHC.
Entities involved in hatching laying chickens in Australia are obligated to adhere to the amended levy rates as specified in the Regulations. The primary entities impacted include hatcheries and other entities involved in the hatching process. These entities must ensure compliance with the new levy rates, which are to be paid to the Rural Industries Research and Development Corporation and the Australian Animal Health Council. Proper documentation and accounting for the levies will be required, and entities must maintain records to demonstrate compliance with the new rates.
Breach of these obligations could result in various legal consequences. While the Regulations themselves do not specify particular offences or penalties, the overarching legislation, the Laying Chicken Levy Act 1988, may provide for penalties in case of non-compliance. Typically, non-compliance with levies and regulations in this context could lead to civil or criminal penalties, including fines and potential legal action against the entities involved. The exact penalties would depend on the specific circumstances and the provisions of the primary Act.