Laying Chicken Levy Regulations (Amendment) 1994 No. 164
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 164
Issued by Authority of the Minister for Primary Industries and Energy
Laying Chicken Levy Act 1988
Laying Chicken 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 77 of the Australian Wool Research and Promotion Organisation Act 1993
Section 9 of the Laying Chicken Levy Act 1988
Section 11 of the Meat Chicken Levy Act 1969
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 1994-95. 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 levies, the amount of each levy/payment as recommended and the maximum rates as specified in the relevant levy Acts.
All of the Regulations, which would implement the recommended rates, are to commence on 1 July 1994.
94R145
94R151
94R146
94R147
ATTACHMENT 1
EXANDIS - CONTRIBUTION RATES 1994-95
1. EXANDIS CONTRIBUTION VIA LEVY
LEGISLATION | LEVY | SPECIFIED
MAXIMUM |
Dairy Produce Levy
(No. 1) Act 1986
(subsection 7(4A)) |
0.047 (cent/kg milk fat)
|
0.066
|
Laying Chicken
Levy Act 1988
(paragraph 7(b)) |
0.24 (cent/laying chicken)
|
0.25
|
Live-stock Slaughter
Levy Act 1964
(section 6) | Buffaloes 3.0 (cents/head)
Sheep 0.10 (cent/head)
Lambs 0.10 ( " )
Goats 0.10 ( " ) | nil |
Meat Chicken Levy
Act 1969
(paragraph 7(1)(b)) |
0.016 (cent/meat chicken)
|
0.05
|
Pig Slaughter Levy
Act 1971
(paragraph 6(1)(c)) |
0.90 (cent/head)
|
1.5
|
2. EXANDIS CONTRIBUTION VIA DIRECT PAYMENT
LEGISLATION | COMMODITY | PAYMENT
$ |
Australian Meat &
Live-stock Corpn.
Act 1977
(subsection 34A(1)) |
Cattle/calves
|
278,165
|
Australian Wool
Research & Promotion
Organisation Act
1993
(section 79) |
Wool
|
151,770
|
Overview
The Laying Chicken Levy Regulations (Amendment) 1994 No. 164, issued under the authority of the Minister for Primary Industries and Energy, was enacted to amend the Laying Chicken Levy Act 1988, establishing a levy on laying chickens for exotic disease purposes. This legislative amendment aims to ensure that the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) can effectively control and eradicate exotic animal diseases. The financial assistance for these purposes is provided through a trust account funded by industry contributions, matched dollar-for-dollar by the Commonwealth up to a maximum of $750,000. The regulations prescribe the operative EXANDIS levy rates for the 1994-95 financial year, considering recommendations from EXANDIS members nominated by the National Farmers' Federation. The levy rates for laying chickens are set at 0.24 cents per laying chicken, with a maximum rate of 0.25 cents, and these amendments are to commence on 1 July 1994.
Scope and Application
The Laying Chicken Levy Regulations (Amendment) 1994 No. 164 applies to the levy prescribed under the Laying Chicken Levy Act 1988, impacting entities involved in the laying chicken industry. The regulation specifically mandates the levy rates for 1994-95, as recommended by members of the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and endorsed by the National Farmers' Federation (NFF). These rates are implemented to ensure financial contributions to the trust account aimed at controlling and eradicating exotic animal diseases, with the levy on laying chickens set at 0.24 cents per chicken, up to a maximum of 0.25 cents. The geographic reach of these regulations is nationwide, extending to all entities engaged in the laying chicken industry across Australia. The regulations exclude entities not involved in the laying chicken sector and do not apply to other industries unless specifically mentioned in the relevant Acts. Subordinate instruments may further detail specific operational aspects of the levy, but the primary scope remains consistent with the Act's objectives.
Key Provisions
The Laying Chicken Levy Regulations (Amendment) 1994 No. 164 outline the revised rates for the exotic disease levy applicable to laying chickens for the financial year 1994-95. As per Section 7(b) of the Laying Chicken Levy Act 1988, the operative section requiring these changes, the regulations aim to implement the recommended levy rates which have been considered and approved by the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) as per Section 9 of the Act. The new rate set forth is 0.24 cents per laying chicken, with a maximum rate of 0.25 cents per laying chicken as specified in the Act.
These regulations impose obligations on the entities involved in the laying chicken industry to ensure compliance with the new levy rates. The entities must adhere to the prescribed rates when calculating and remitting the levy to the relevant authorities. Failure to comply with these regulations could result in legal consequences, including fines and penalties as outlined in the relevant legislation.
The Act includes provisions for potential breaches and the associated consequences. Under Section 9(1) of the Laying Chicken Levy Act 1988, any person who fails to pay the levy as required by the regulations can be subject to civil and criminal penalties. The maximum penalty for contravening these regulations can be substantial, reflecting the importance of compliance in maintaining the integrity of the exotic disease control fund.
Furthermore, the regulations specify that the new rates are to take effect from 1 July 1994. This date is crucial for all stakeholders as it marks the commencement of the new levy rates, and compliance must be ensured from this date forward. The amendments are intended to ensure that the industry contributions are accurately reflected in the EXANDIS trust account, supporting the national effort to control and eradicate exotic animal diseases.