Meat Chicken Levy Amendment (AAHC) Act 1996
No. 52, 1996.
An Act to amend the Meat Chicken Levy Act 1969, and for related purposes
Contents | |
1 | Short title................................................... | 1515 |
2 | Commencement............................................... | 1515 |
3 | Schedule(s).................................................. | 1516 |
Schedule 1—Amendment of the Meat Chicken Levy Act 1969 | 1517 |
Meat Chicken Levy Amendment (AAHC) Act 1996
No. 52, 1996
An Act to amend the Meat Chicken Levy Act 1969, and for related purposes
[Assented to 25 October 1996]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Meat Chicken Levy Amendment (AAHC) Act 1996.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Meat Chicken Levy Act 1969
1 Subsection 4(1)
Insert:
AAHC means the Australian Animal Health Council Limited, A.C.N. 071-890-956.
2 Paragraph 7(1)(b)
Repeal the paragraph, substitute:
(b) such amount, not more than 0.05 cent, as is prescribed (for the purpose of payment to the AAHC).
3 Subsections 7(3) and (4)
Repeal the subsections, substitute:
(3) Before making regulations prescribing an amount for the purposes of paragraph (1)(b), the Governor-General must take into consideration any recommendations about the amount to be prescribed made to the Minister by:
(a) the Australian Chicken Meat Federation; or
(b) if a declaration under subsection (4) is in force, the body specified in the declaration.
The regulations must not prescribe an amount greater than the amount last recommended to the Minister by the Australian Chicken Meat Federation or the body specified in the declaration, as the case requires.
(4) The Minister may, by notice published in the Gazette, declare a body specified in the notice to be the body representing the Australian chicken meat industry for the purposes of this section.
——————————————————————————————————————————
[Minister’s second reading speech made in—
House of Representatives on 26 June 1996
Senate on 19 September 1996]
Overview
The Meat Chicken Levy Amendment (AAHC) Act 1996 was enacted by the Parliament of Australia to amend the Meat Chicken Levy Act 1969, addressing specific issues in the levy collection and distribution process. The Act received Royal Assent on 25 October 1996. The primary objective of this amendment was to refine the mechanisms by which funds collected through the meat chicken levy are prescribed and allocated, specifically ensuring alignment with the recommendations from relevant industry bodies such as the Australian Chicken Meat Federation and the Australian Animal Health Council Limited (AAHC). The Act ensures that any prescribed amount for the levy does not exceed the latest recommendations from the designated industry representative, thereby maintaining industry input in the regulatory process.
Scope and Application
The Meat Chicken Levy Amendment (AAHC) Act 1996 is a Commonwealth Act that amends the Meat Chicken Levy Act 1969, primarily focusing on the administration and collection of levies associated with the Australian chicken meat industry. This Act applies to the entities involved in the chicken meat industry, specifically those who are responsible for paying the levies, and it sets out the process for the collection and allocation of these levies. The Act is nationally applicable and extends its reach across Australia, affecting the chicken meat industry as a whole. The amendments introduce the Australian Animal Health Council Limited (AAHC) into the levy framework and specify that the levy amount, not exceeding 0.05 cent, should be prescribed for payment to the AAHC. The Act also modifies the regulatory process by requiring the Governor-General to consider recommendations from the Australian Chicken Meat Federation or another specified body when prescribing the levy amount. Additionally, the Minister has the authority to declare a particular body as the representative of the Australian chicken meat industry for levy purposes. The Act's application may be further extended or restricted through subordinate instruments, which are not detailed in the provided text but are mentioned as a means to implement the provisions of the Act.
Key Provisions
The Meat Chicken Levy Amendment (AAHC) Act 1996 introduces specific changes to the Meat Chicken Levy Act 1969, focusing on the governance and financial aspects of the meat chicken industry. Section 1 of the Act establishes that it may be cited as the Meat Chicken Levy Amendment (AAHC) Act 1996, while Section 2 states that the Act commences on the day it receives Royal Assent. Section 3 details how each specified Act in the Schedule is amended or repealed according to the applicable items, with other items taking effect as per their terms.
The key operative sections in this Act revolve around the Meat Chicken Levy, particularly in relation to the Australian Animal Health Council (AAHC). For instance, Section 4(1) of the Schedule amends the definition of AAHC to mean the Australian Animal Health Council Limited, A.C.N. 071-890-956. This change ensures that the definition of AAHC is clear and unambiguous within the Act. Additionally, Section 7(1)(b) revises the amount that can be prescribed for the purpose of payment to the AAHC, specifying that it should not exceed 0.05 cent, as prescribed. This amendment imposes a strict cap on the amount that can be allocated to the AAHC.
The Act imposes several obligations and requirements on the parties involved. Section 7(3) mandates that before making regulations to prescribe an amount for the purposes of paragraph (1)(b), the Governor-General must consider any recommendations made to the Minister by the Australian Chicken Meat Federation or, if a declaration is in force, the specified body representing the Australian chicken meat industry. This ensures that the amount prescribed is informed by industry representatives. Section 7(4) allows the Minister to declare a body as the representative of the Australian chicken meat industry, thereby formalising the process through which recommendations are made.
In terms of penalties and consequences, the Act does not explicitly outline specific offences, penalties, or consequences for breaches within its text. However, the importance of adhering to the prescribed processes and recommendations cannot be understated, as failure to comply with the stipulated requirements might lead to regulatory issues. The Act's emphasis on regulated recommendations and declarations underscores the importance of following the legislative framework to avoid any potential legal or financial repercussions.