Meat Chicken Levy Regulations (Amendment)

Overview

The Meat Chicken Levy Regulations (Amendment) 1995 No. 168, issued under the authority of the Minister for Primary Industries and Energy, were enacted to address the need for an updated regulatory framework concerning the levy on meat chickens hatched in Australia. The regulations amend the Meat Chicken Levy Act 1969, providing the flexibility for the Governor-General to establish regulations for the purposes outlined in section 7 of the Act. The primary objective of the Act is to impose a levy on meat chickens, with the funds collected allocated to research and development activities overseen by the Chicken Meat Research and Development Council. These amendments were prompted by a request from the Australian Chicken Meat Federation and the Chicken Meat Research and Development Council to increase the levy rate from 0.19 cents to 0.195 cents per meat chicken hatched, in line with the maximum rate prescribed by the Act. The regulations, which consider advice from the Council, commenced on 1 July 1995.

Scope and Application

The Meat Chicken Levy Regulations (Amendment) 1995 No. 168, issued under the authority of the Minister for Primary Industries and Energy, pertains to the amendment of the Meat Chicken Levy Act 1969. This Act applies specifically to the meat chicken industry within Australia, targeting all entities involved in the hatching of meat chickens. The levy imposed by the Act is directed towards funding research and development activities overseen by the Chicken Meat Research and Development Council. The amendment seeks to increase the levy rate from 0.19 of a cent to 0.195 of a cent per meat chicken hatched. The regulatory changes are designed to comply with the provisions of the Primary Industries and Energy Research and Development Act 1989, which designates the collected levy for research and development purposes. The new regulations, which come into effect on 1 July 1995, also mandate that the Governor-General must consider advice from the Chicken Meat Research and Development Council when determining the levy rate, ensuring that it does not exceed the maximum rate prescribed by the Act.

Key Provisions

The Meat Chicken Levy Regulations (Amendment) 1995 No. 168 (the Regulations) primarily amend the rate of the meat chicken levy for research and development purposes, as outlined in section 11 of the Meat Chicken Levy Act 1969 (the Act). Currently, the levy is set at 0.19 of a cent per meat chicken hatched, but the Regulations propose an increase to 0.195 of a cent per meat chicken hatched. This amendment is in response to a request from the Australian Chicken Meat Federation, the recognised industry representative organisation, and the Chicken Meat Research and Development Council. The increase in the levy rate is intended to provide additional funding for research and development activities related to chicken meat, as specified under section 7(1)(a) of the Act. The levy collected under this section is designated for research and development activities in accordance with paragraph 5(1)(a) of the Primary Industries and Energy Research and Development Act 1989. The Regulations impose obligations on the parties involved in the chicken meat industry, particularly the Australian Chicken Meat Federation and the Chicken Meat Research and Development Council. These entities are required to provide advice to the Minister for Primary Industries and Energy regarding the appropriate rate of the levy for research and development purposes. As stated in subsection 7(2) of the Act, the Governor-General must consider this advice when prescribing the rate of the levy by regulation. The Regulations also ensure that the increased rate of the levy does not exceed the maximum rate prescribed by the Act, as mandated by paragraph 7(1)(a). Furthermore, the Regulations specify that the new levy rate will commence on 1 July 1995. Breach of the Meat Chicken Levy Regulations (Amendment) 1995 No. 168 could result in various legal consequences. While the specific offences and penalties are not detailed within the provided text, it is reasonable to infer that any non-compliance with the Act or the Regulations could lead to legal action. This might include fines, administrative penalties, or other civil or criminal consequences depending on the nature and severity of the breach. The maximum penalties for such breaches would be determined in accordance with the relevant sections of the Meat Chicken Levy Act 1969 and any applicable legislation related to regulatory compliance.