Laying Chicken Levy Regulations (Amendment)

Legislation au C2004L00236 Regulations Not in force Legislative Instrument

Legislation content

Laying Chicken Levy Regulations (Amendment) 1991 No. 101

EXPLANATORY STATEMENT

STATUTORY RULES 1991 No. 101

Issued by Authority of the Minister of State for Primary Industries and Energy

Australian Meat & Live-stock Corporation Act 1977

Australian Meat & Live-stock 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)

Live-stock Slaughter Levy Act 1964

Live-stock Slaughter Levy Regulations (Amendment)

Meat Chicken Levy Act 1969

Meat Chicken Levy Regulations (Amendment)

Pig Slaughter Levy Act 1971

Pig Slaughter Levy Regulations (Amendment)

Wool Marketing Act 1987

Wool Marketing 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 and also (in the case of pigs) for the financing of the Pig Research and Development Corporation and the Australian Pork Corporation. Relevant sections are as follows:

section 52 of the Australian Meat & Live-stock Corporation Act 1977

section 14 of the Dairy Produce Levy (No. 1) Act 1986

section 9 of the Laying Chicken Levy Act 1988

section 8 of the Live-stock Slaughter Levy Act 1964

section 11 of the Meat Chicken Levy Act 1969

section 8 of the Pig Slaughter Levy Act 1971

section 127 of the Wool Marketing Act 1987.

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 exotic disease levy rates for 1991-92. 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) and regulations shall not be made prescribing a rate that is greater than the rate last recommended.

The attached table shows the section of each Act relevant to exotic disease levy, the amount of each proposed levy/payment as recommended by the NFF members and the maximum rates as specified in the relevant levy Acts.

With regard to the Laying Chicken Levy Regulations (Amendment), this is the first year of operation of the proposed exotic disease levy for laying chickens. As a result, it is necessary to prescribe 5.75 cents (paragraph 7(a) of the relevant Act) for research and development purposes which is unchanged from the previous year and 0.0025 cent for exotic disease purposes (paragraph 7(b)).

With regard to the Pig Slaughter Levy Regulations (Amendment) certain proposed changes for the purposes of paragraphs 6(1)(a) and 6(1)(b) of the relevant Act are purely to clarify the drafting style.

The Pig Slaughter Levy Act 1971 (the Levy Act) provides that the rate of levy per pig slaughtered shall be the aggregate of:

(a)       an amount prescribed for the purpose of financing the Pig Research and Development Corporation (PRDC), not exceeding $1.00;

(b)       an amount prescribed for the purpose of financing the Australian Pork Corporation, not exceeding $2.50;

(c)       an amount prescribed for the purpose of financing exotic animal disease control and eradication, not exceeding 1.5 cents.

Subsection 6(2) of the Levy Act requires the Governor-General, before making regulations prescribing an amount for the purposes of paragraph 6(1)(a), to take Into consideration any recommendation made to the Minister for Primary Industries and Energy by the PRDC. Subsection 6(2) also provides that regulations shall not be made prescribing an amount for the purposes of paragraph 6(1)(a) that is greater than the amount last recommended by the PRDC to the minister for Primary Industries and Energy.

The PRDC recommended to the Minister for Primary Industries and Energy that the rate of pig slaughter levy for the purposes of paragraph 6(1)(a) of the Levy Act be increased from 40 cents to 55 cents, commencing 1 July 1991 (see Attachment). The PRDC is seeking the rate increase in the pig slaughter levy to fund its Research and Development Plan and Annual Operational Plan for 1991-92. The recommended rate meets the requirements of section 6 of the Levy Act.

All of the proposed Regulations, which would implement the recommended levy rates, are to commence on 1 July 1991.

91R141DOC
91R142DOC
91R143DOC
91R144DOC
91R145DOC
91R146DOC
91R147DOC

ATTACHMENT

EXANDIS - PROPOSED CONTRIBUTION RATES 1991-92

LEGISLATION

Dairy Produce Levy
(No. 1) Act 1986
(sub-section 7(4A))

Laying Chicken
Levy Act 1988
(paragraph 7(b))

Live-stock Slaughter
Levy Act 1964
(section 6)


Meat Chicken Levy
Act 1969
(paragraph 7(1)(b))

Pig Slaughter Levy
Act 1971
(paragraph 6(1)(c))

LEGISLATION

Australian Meat &
Live-stock
Corporation Act 1977
(subsection 34A(1))

Wool Marketing Act 1987          
(subsection 53A(1))

LEVY PROPOSED ($)


0.03438(cent/kg milk fat)



0.0025(cent/laying chicken)


Buffaloes 2.9649 (cent/head)          
Sheep 0.1727      (   "   )
Lambs 0.1727     (   "   )
Goats 0.075        (   "   )

0.013706(cent per head)



1.433(cent/head)



COMMODITY



Cattle/calves


Wool
 

SPECIFIED
MAXIMUM

0.066



0.0025


Nil




0.05



1.5



PAYMENT
      $


270,355


329,625
 

PRDC - PROPOSED OPERATIVE LEVY RATE

LEGISLATION

Pig Slaughter Levy
Act 1971
(paragraph 6(1)(a))                      

LEVY


55(cents/head)                         
 

SPECIFIED
MAXIMUM

$1.00
 

 

Overview

The Laying Chicken Levy Regulations (Amendment) 1991 No. 101, issued under the authority of the Minister of State for Primary Industries and Energy, addresses the need to establish and amend exotic disease levy rates for laying chickens and pig slaughter for the fiscal year 1991-92. This regulatory amendment aligns with the provisions of the Laying Chicken Levy Act 1988 and the Pig Slaughter Levy Act 1971, which empower the Governor-General to set levy rates for exotic disease control and eradication purposes. The policy objective is to ensure that the rates set do not exceed those recommended by the relevant industry bodies, specifically the National Farmers' Federation (NFF) for laying chickens and the Pig Research and Development Corporation (PRDC) for pigs. The regulations aim to provide necessary funding for research, development, and disease control measures in the poultry and pork industries. These regulations mark the initial implementation of an exotic disease levy for laying chickens at a rate of 0.0025 cents per chicken, while maintaining the previous year's rate of 5.75 cents for research and development purposes. For pig slaughter, the regulations adjust the levy to 55 cents per head, up from 40 cents, to fund the PRDC's Research and Development Plan and Annual Operational Plan for 1991-92. These changes are set to commence on 1 July 1991, ensuring timely financial support for industry needs as outlined in the relevant Acts.

Scope and Application

The Laying Chicken Levy Regulations (Amendment) 1991 No. 101, issued under the authority of the Minister of State for Primary Industries and Energy, concerns amendments to the rates of the laying chicken levy for the financial year 1991-92. The regulations apply to entities involved in the laying chicken industry, including producers and processors, and establish a levy for research and development purposes and another for exotic disease control. The regulations take into consideration recommendations made by the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and must not exceed the rates last recommended by these members. The rates set by the regulations for laying chickens are 5.75 cents for research and development and 0.0025 cent for exotic disease purposes. These amendments are part of a broader legislative framework that includes several other Acts and regulations governing levies on various livestock industries to fund research, development, and exotic disease control, all of which are coordinated to commence on 1 July 1991.

Key Provisions

The Laying Chicken Levy Regulations (Amendment) 1991 No. 101 introduces specific provisions under the Laying Chicken Levy Act 1988, notably sections 7(a) and 7(b). Section 7(a) requires a levy of 5.75 cents per laying chicken for research and development purposes, which remains unchanged from the previous year. Section 7(b) introduces a new levy of 0.0025 cent per laying chicken for exotic disease purposes, marking the first year of operation for this levy. This amendment is effective from 1 July 1991. These regulations impose specific obligations on entities involved in the laying chicken industry. Producers of laying chickens must comply with the new exotic disease levy as well as the ongoing research and development levy. The regulations ensure that industry contributions are appropriately directed towards research, development, and disease control efforts. The obligation to remit these levies is a statutory requirement under the relevant sections of the Act. Breach of these regulations may lead to penalties and legal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of similar levies in other Acts typically result in fines. For instance, under the Wool Marketing Act 1987, penalties for non-compliance can include substantial fines, and in severe cases, criminal charges may be applicable. Therefore, entities failing to comply with the new levies may face similar consequences, including potential fines and legal action.

Legal classification tags

Area of Law
Agriculture & Food Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Levy Rates
Consultation Requirements
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.