Meat Chicken Levy Amendment Act 1989

Overview

The Meat Chicken Levy Amendment Act 1989 was enacted to amend the Meat Chicken Levy Act 1969, specifically altering the rate of levy applicable to meat chickens. This amendment was introduced by the Australian Parliament to adjust the financial contributions required from the meat chicken industry, reflecting changes in the economic environment and industry needs. The Act was designed to ensure that the levy rates are set in consultation with relevant industry bodies, specifically the Council and the Exotic Animal Disease Preparedness Consultative Council, to maintain fairness and relevance in the regulatory framework. This legislative change was aimed at providing a more adaptive and responsive regulatory environment for the meat chicken industry.

Scope and Application

The Meat Chicken Levy Amendment Act 1989 amends the Meat Chicken Levy Act 1969, which pertains to the imposition of a levy on meat chickens within Australia. This Act applies to any entity or person involved in the production, processing, or sale of meat chickens, and it operates under the jurisdiction of the Commonwealth of Australia. The primary focus of this Act is to adjust the rate of the levy that was originally set out in the Meat Chicken Levy Act 1969. It specifies the amount to be charged per meat chicken, taking into account recommendations from relevant councils, and ensures that the prescribed amounts do not exceed those recommended. Furthermore, this Act extends its application through subordinate instruments, which may include regulations prescribing the exact amounts of the levy, subject to the conditions outlined in the Act. The Act’s provisions are designed to ensure that the levy rates are periodically reviewed and adjusted in consultation with industry stakeholders, thus maintaining a balance between industry needs and regulatory oversight.

Key Provisions

The Meat Chicken Levy Amendment Act 1989 modifies the Meat Chicken Levy Act 1969 (referred to as the "Principal Act") to revise the rate at which a levy is charged on meat chickens. Section 7 of the Principal Act, which outlines the levy rate, is amended to establish a new rate structure (s. 3(a)). The levy is now composed of two parts: a prescribed amount, not exceeding one cent, and another prescribed amount, not exceeding 0.005 cent. Additionally, the process for determining these amounts has been revised. The Governor-General, when prescribing these amounts, must consider recommendations from the Council (s. 3(b)) and members of the Exotic Animal Disease Preparedness Consultative Council, nominated by the National Farmers’ Federation (s. 3(c)). These recommendations must be taken into account, and the prescribed amounts must not exceed the latest recommendations made by the respective bodies. Importantly, the second part of the levy, which involves the Exotic Animal Disease Preparedness Consultative Council, is set to cease to have effect at the end of 30 June 1995 (s. 3(d)). The Meat Chicken Levy Amendment Act 1989 imposes specific obligations on the Governor-General concerning the establishment of the levy rate. The Governor-General must consider recommendations from the Council and the Exotic Animal Disease Preparedness Consultative Council when making regulations for the levy amounts (s. 3(b) and (c)). Furthermore, the Act stipulates that the regulations must not exceed the amounts recommended by these bodies, thereby ensuring that the levy is set within the bounds of these recommendations. Additionally, the Act mandates that the second component of the levy, involving the Exotic Animal Disease Preparedness Consultative Council, will expire on 30 June 1995 (s. 3(d)). In terms of potential consequences for non-compliance with the Meat Chicken Levy Amendment Act 1989, the Act does not explicitly state any offences, penalties, or consequences for breaching its provisions. However, the failure to adhere to the mandated process for setting the levy rate or exceeding the recommended amounts could lead to regulatory scrutiny or challenges. Given that the Act focuses on the procedural aspects of levy regulation rather than punitive measures, the primary enforcement mechanism would likely be through administrative review or legal action aimed at ensuring compliance with the specified procedures and recommendations.