Meat Chicken Levy Regulations (Amendment) 1995 No. 101
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 101
Issued by Authority of the Minister for Primary Industries and Energy
Meat Chicken Levy Act 1969
Meat Chicken Levy Regulations (Amendment)
Section 11 of the Meat Chicken Levy Act 1969 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and, in particular, provide for a levy for exotic disease purposes.
The Exotic Animal Disease Control Act 1989 establishes the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and provides financial assistance for purposes related to the control and eradication of exotic animal diseases.
The financial assistance is provided through a trust account which receives annual industry contributions of approximately $750,000 with expenditure of industry contributions from the account being matched on a dollar-for-dollar basis up to a maximum of $750,000 by the Commonwealth.
Regulations set the operative EXANDIS levy rate for 1994-95. The Act provides that before making regulations prescribing such rates, the Governor-General shall take into consideration any recommendations made to the Minister by those members of EXANDIS nominated by the National Farmers' Federation (NFF). The regulation was supported by the members of EXANDIS nominated by the National Farmers' Federation (NFF).
Statutory Rules 1994 No.162 which decreased the operative levy rate from 0.02 cent to 0.016 cent contained a typographical error. The Regulations will correct the error.
Details of the proposed Meat Chicken Levy regulations are as follows;
Regulation 1 provides that the Regulations are taken to have commenced on 1 July 1994.
Regulation 2 provides that the Meat Chicken Levy Regulations are amended as set out in the Regulations.
Regulation 3 in accordance with subsection 7(1) of the Act the rate of 0.018 cent is omitted and the rate of 0.016 cent is inserted.
Regulation 4 provides that Statutory Rules 1994 No. 162 are repealed.
The Minute recommends that Regulations be made in the form proposed.
Overview
The Meat Chicken Levy Regulations (Amendment) 1995 No. 101 were enacted to correct a typographical error in the previously issued Statutory Rules 1994 No. 162, which had incorrectly decreased the operative levy rate from 0.02 cent to 0.016 cent. The Meat Chicken Levy Act 1969 provides for the imposition of a levy for exotic disease purposes, with the levy rate to be set by regulations made under the Act. The policy objective is to ensure accurate financial contributions from the industry for exotic animal disease control, as coordinated by the Exotic Animal Disease Preparedness Consultative Council (EXANDIS). The regulations were made by the Governor-General in accordance with the recommendations from EXANDIS members nominated by the National Farmers' Federation (NFF), and they amend the levy rate to correct the error and ensure compliance with the intended legislative framework.
Scope and Application
The Meat Chicken Levy Regulations (Amendment) 1995 No. 101 pertains to the amendments made under the Meat Chicken Levy Act 1969. The Act applies to the meat chicken industry, specifically targeting entities involved in the production and sale of meat chickens within the Commonwealth. The regulations amend the previously established Meat Chicken Levy rate, correcting a typographical error from the earlier Statutory Rules 1994 No. 162, which reduced the levy rate from 0.02 cents to 0.016 cents. This amendment ensures that the correct levy rate is implemented and collected for the financial year 1994-95. The levy is collected for the purposes of exotic disease control and is administered through the Exotic Animal Disease Preparedness Consultative Council (EXANDIS), which receives annual contributions from the industry to fund these activities. The Minister for Primary Industries and Energy has the authority to make these regulations, with consideration given to recommendations from members of EXANDIS nominated by the National Farmers' Federation. The corrected regulations replace the previous erroneous rules, ensuring compliance and proper financial management for disease control initiatives.
Key Provisions
The Meat Chicken Levy Regulations (Amendment) 1995 No. 101 primarily revise the rate of the Meat Chicken Levy to correct a typographical error identified in a previous regulation, Statutory Rules 1994 No. 162. Regulation 1 (paragraph 1) establishes that the amended regulations commenced on 1 July 1994, aligning with the original legislative intent. Regulation 2 (paragraph 2) formally amends the Meat Chicken Levy Regulations to reflect the corrected rate. Regulation 3 (paragraph 3) replaces the erroneous rate of 0.018 cent with the correct rate of 0.016 cent, in accordance with the Meat Chicken Levy Act 1969 (section 7(1)). Regulation 4 (paragraph 4) repeals Statutory Rules 1994 No. 162 to eliminate any confusion or potential legal complications arising from the typographical error.
The obligations imposed by these regulations primarily pertain to the levy rate applicable to meat chicken production, with the amendments ensuring the correct rate is applied for the financial year 1994-95. The regulations require adherence to the corrected rate of 0.016 cent, as opposed to the previously erroneously set rate of 0.018 cent. This amendment ensures that contributions to the EXANDIS trust account are calculated accurately, thereby maintaining the integrity of the financial assistance scheme for exotic animal disease control and eradication.
The Meat Chicken Levy Regulations (Amendment) 1995 No. 101 do not introduce new offences or penalties; however, they rectify an administrative error from a previous regulation. Failure to comply with the correct levy rate could potentially lead to discrepancies in the contributions to the EXANDIS trust account, which could, in turn, affect the financial assistance available for exotic animal disease control. Although no specific penalties are mentioned in these regulations, non-compliance with the correct levy rate could result in legal and financial repercussions under the Meat Chicken Levy Act 1969 and related legislation.