Meat Chicken Levy Regulations (Amendment)

Overview

The Meat Chicken Levy Regulations (Amendment) was issued under the Meat Chicken Levy Act 1969, with the aim of adjusting the rate of levy imposed on meat chickens hatched on or after 1 July 1972. This was enacted by the Parliament of Australia to address the need for funding research in the chicken meat industry, particularly to ensure the sustainability and effectiveness of the research programs supported by the Trust Fund established under the Act. The current regulations, which prescribe a levy of 0.125 cents per chicken hatched, were set to be amended following a recommendation from the Chicken Meat Research Council. This recommendation was made to the Minister for Primary Industries and Energy, advocating for an increase to 0.1375 cents per chicken hatched to replenish the Trust Fund's reserves and maintain the research program's real value beyond the 1987/88 financial year. The proposed amendment, effective from 1 November 1987, seeks to implement this new levy rate while adhering to the maximum levy rate stipulated by the Act.

Scope and Application

The Meat Chicken Levy Act 1969 applies to entities involved in the hatching of meat chickens in Australia, specifically those hatched on or after 1 July 1972. The Act authorises the Governor-General to set a levy on these chickens, with the specific rate determined through regulations made under the Act. The levy is intended to fund research into the meat chicken industry, with the rate being recommended by the Chicken Meat Research Council and subject to approval by the Minister for Primary Industries and Energy. The Act operates across Australia, as it is a Commonwealth Act. The proposed amendment to the Meat Chicken Levy Regulations, which will increase the levy rate from 0.125 cents to 0.1375 cents per chicken hatched, reflects the need to replenish the Trust Fund reserves and ensure the sustainability of the research program. This amendment will apply from 1 November 1987 and remains within the maximum rate prescribed by the Act.

Key Provisions

The Meat Chicken Levy Act 1969 outlines specific provisions concerning the imposition and adjustment of a levy on meat chickens. Section 7 of the Act (7) stipulates that there will be a levy of 0.1 cents per chicken hatched for meat chickens hatched before 1 July 1972. For meat chickens hatched on or after this date, the levy rate must be prescribed and cannot exceed 1 cent per chicken. The current regulations set the rate at 0.125 cents per chicken hatched, but these are proposed to be amended. In response to the Chicken Meat Research Council's recommendation, the Meat Chicken Levy Regulations (Amendment) aim to increase the levy rate to 0.1375 cents per chicken hatched from 1 November 1987. This adjustment is intended to address the depletion of the Trust Fund reserves and to sustain the real level of the research program beyond the 1987/88 financial year. The new rate adheres to the maximum levy rate prescribed by the Act. The Act imposes certain obligations on the parties involved, particularly the Governor-General and the Minister for Primary Industries and Energy. Before prescribing a new levy rate, the Governor-General must consider any recommendations made by the Chicken Meat Research Council to the Minister. This ensures that any changes to the levy are informed by expert advice regarding the needs of the research program and the financial health of the Trust Fund. There are no specific offences, penalties, or consequences outlined in the explanatory statement for breaches of the Act or the proposed regulations. However, the failure to comply with the statutory requirements could potentially lead to legal challenges or administrative actions. The Act's primary focus is on establishing a structured framework for levy adjustments and ensuring that the Trust Fund remains adequately funded to support the research program.