Laying Chicken Levy Regulations
Statutory Rules 1990 No. No. 112 as amended
made under the
Laying Chicken Levy Act 1988
This compilation was prepared on 1 July 1998
taking into account amendments up to SR 1998 No. 215
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Page
1 Citation [see Note 1]
2 Interpretation
3 Prescribed rates of levy
4 Repeal of the Egg Industry Research (Hen Quota) Levy Regulations
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Laying Chicken Levy Regulations.
2 Interpretation
In these Regulations, unless the contrary intention appears, the Act means the Laying Chicken Levy Act 1988.
3 Prescribed rates of levy
(1) For paragraph 7 (a) of the Act, 7.2 cents is prescribed.
Note The levy mentioned in subregulation (1) is attached to the Rural Industries Research and Development Corporation — see section 6 of the Primary Industries and Energy Research and Development Act 1989 and regulation 9E of the Rural Industries Research and Development Corporation Regulations.
(2) For paragraph 7 (b) of the Act, 0.27 cents is prescribed.
Note The levy mentioned in subregulation (2) is to fund the Australian Animal Health Council Limited.
4 Repeal of the Egg Industry Research (Hen Quota) Levy Regulations
Statutory Rules 1987 No. 133 are repealed.
Notes to the Laying Chicken Levy Regulations
Note 1
The Laying Chicken Levy Regulations (in force under the Laying Chicken Levy Act 1988) as shown in this compilation comprise Statutory Rules 1990 No. No. 112 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1990 No. 112 | 31 May 1990 | 1 July 1990
(see Gazette 1990,
No. S129) | |
1991 No. 101 | 23 May 1991 | 1 July 1991 | — |
1992 No. 140 | 9 June 1992 | 1 July 1992 | — |
1993 No. 96 | 3 June 1993 | 1 July 1993 | — |
1994 No. 164 | 8 June 1994 | 1 July 1994 | — |
1997 No. 164 | 30 June 1997 | Rr. 1, 2 and 3: 1 July 1997
R. 4: 1 July 1998 | — |
1998 No. 215 | 1 July 1998 | 1 July 1998 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 3................. | rs. 1991 No. 101; 1997 No. 164 |
| am. 1992 No. 140; 1993 No. 96; 1994 No. 164; 1998 No. 215 |
Overview
The Laying Chicken Levy Regulations were enacted in 1990 as a statutory rule under the Laying Chicken Levy Act 1988 by the Parliament of Australia. These regulations were introduced to address the need for funding research and development within the laying chicken industry, particularly to support the Rural Industries Research and Development Corporation and the Australian Animal Health Council Limited. The policy objective of the Laying Chicken Levy Regulations is to ensure that the levy collected from the laying chicken industry is appropriately allocated to fund research initiatives that will benefit the industry. The regulations specify the rates of the levy, which are attached to the Rural Industries Research and Development Corporation and the Australian Animal Health Council Limited, and they also repeal previous regulations related to the egg industry research (hen quota) levy.
Scope and Application
The Laying Chicken Levy Regulations, made under the Laying Chicken Levy Act 1988, apply to all entities engaged in the laying chicken industry within Australia. These regulations specifically mandate the imposition of a levy on the industry to support research and development activities, as well as to fund the Australian Animal Health Council Limited. The prescribed rates of the levy are detailed in the regulations, with a primary levy of 7.2 cents and a secondary levy of 0.27 cents. These levies are integral to the operations of the Rural Industries Research and Development Corporation and are designed to ensure the ongoing support of industry-specific research and health initiatives. The regulations also formally repeal the previous Egg Industry Research (Hen Quota) Levy Regulations, thereby consolidating the regulatory framework under the current legislative instrument. The scope of these regulations extends across the entire nation, encapsulating all aspects of the laying chicken industry, and ensuring uniformity in levy application and compliance across state and territory boundaries.
Key Provisions
The Laying Chicken Levy Regulations (1990 No. 112 as amended) made under the Laying Chicken Levy Act 1988, establish the prescribed rates for the levy on laying chickens. The main operative sections of these regulations (sections 3 and 4) specify the levy rates and repeal previous regulations concerning egg industry research. Specifically, section 3(1) prescribes a levy of 7.2 cents per chicken for funding the Rural Industries Research and Development Corporation, while section 3(2) prescribes a levy of 0.27 cents per chicken for funding the Australian Animal Health Council Limited. Section 4 repeals the Egg Industry Research (Hen Quota) Levy Regulations 1987.
These regulations impose obligations on those involved in the laying chicken industry to pay the prescribed levies. Those subject to these regulations are typically poultry farmers, egg producers, or entities engaged in the production or processing of eggs. The levies must be paid in accordance with the specified rates, which are attached to the Rural Industries Research and Development Corporation and the Australian Animal Health Council Limited. The levies serve as a funding mechanism for research and development initiatives within the egg industry.
Breaches of these regulations, such as failure to pay the prescribed levies, may result in civil or criminal consequences. While the specific penalties are not detailed within the regulations themselves, penalties for non-compliance with regulations made under the Laying Chicken Levy Act 1988 could include fines or other enforcement actions as prescribed by the Act. The maximum penalties would be determined in accordance with the provisions of the Laying Chicken Levy Act 1988, which could include substantial fines for both individuals and corporations, depending on the nature and severity of the breach. The regulations underscore the importance of adhering to the prescribed rates to ensure the continued funding of relevant research and development activities within the industry.