Meat Chicken Levy Regulations (Amendment)

Legislation au C2004L00330 Regulations Not in force Legislative Instrument

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Meat Chicken Levy Regulations (Amendment) 1991 No. 103

EXPLANATORY STATEMENT

STATUTORY RULES 1991 No. 103

Issued by Authority of the Minister of State for Primary Industries and Energy

Australian Meat & Live-stock Corporation Act 1977

Australian Meat & Live-stock Corporation Regulations (Amendment)

Dairy Produce Levy (No. 1) Act 1986

Dairy Produce Levy Regulations (Amendment)

Laying Chicken Levy Act 1988

Laying Chicken Levy Regulations (Amendment)

Live-stock Slaughter Levy Act 1964

Live-stock Slaughter Levy Regulations (Amendment)

Meat Chicken Levy Act 1969

Meat Chicken Levy Regulations (Amendment)

Pig Slaughter Levy Act 1971

Pig Slaughter Levy Regulations (Amendment)

Wool Marketing Act 1987

Wool Marketing Regulations (Amendment)

Relevant sections of the above Acts provide that the Governor-General may make regulations for the purposes of the Acts and, in particular, provide for a levy (or payment in the case of cattle and wool) for exotic disease purposes and also (in the case of pigs) for the financing of the Pig Research and Development Corporation and the Australian Pork Corporation. Relevant sections are as follows:

section 52 of the Australian Meat & Live-stock Corporation Act 1977

section 14 of the Dairy Produce Levy (No. 1) Act 1986

section 9 of the Laying Chicken Levy Act 1988

section 8 of the Live-stock Slaughter Levy Act 1964

section 11 of the Meat Chicken Levy Act 1969

section 8 of the Pig Slaughter Levy Act 1971

section 127 of the Wool Marketing Act 1987.

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.

It is necessary to prescribe by regulation the operative exotic disease levy rates for 1991-92. The Acts provide 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) and regulations shall not be made prescribing a rate that is greater than the rate last recommended.

The attached table shows the section of each Act relevant to exotic disease levy, the amount of each proposed levy/payment as recommended by the NFF members and the maximum rates as specified in the relevant levy Acts.

With regard to the Laying Chicken Levy Regulations (Amendment), this is the first year of operation of the proposed exotic disease levy for laying chickens. As a result, it is necessary to prescribe 5.75 cents (paragraph 7(a) of the relevant Act) for research and development purposes which is unchanged from the previous year and 0.0025 cent for exotic disease purposes (paragraph 7(b)).

With regard to the Pig Slaughter Levy Regulations (Amendment) certain proposed changes for the purposes of paragraphs 6(1)(a) and 6(1)(b) of the relevant Act are purely to clarify the drafting style.

The Pig Slaughter Levy Act 1971 (the Levy Act) provides that the rate of levy per pig slaughtered shall be the aggregate of:

(a)       an amount prescribed for the purpose of financing the Pig Research and Development Corporation (PRDC), not exceeding $1.00;

(b)       an amount prescribed for the purpose of financing the Australian Pork Corporation, not exceeding $2.50;

(c)       an amount prescribed for the purpose of financing exotic animal disease control and eradication, not exceeding 1.5 cents.

Subsection 6(2) of the Levy Act requires the Governor-General, before making regulations prescribing an amount for the purposes of paragraph 6(1)(a), to take Into consideration any recommendation made to the Minister for Primary Industries and Energy by the PRDC. Subsection 6(2) also provides that regulations shall not be made prescribing an amount for the purposes of paragraph 6(1)(a) that is greater than the amount last recommended by the PRDC to the minister for Primary Industries and Energy.

The PRDC recommended to the Minister for Primary Industries and Energy that the rate of pig slaughter levy for the purposes of paragraph 6(1)(a) of the Levy Act be increased from 40 cents to 55 cents, commencing 1 July 1991 (see Attachment). The PRDC is seeking the rate increase in the pig slaughter levy to fund its Research and Development Plan and Annual Operational Plan for 1991-92. The recommended rate meets the requirements of section 6 of the Levy Act.

All of the proposed Regulations, which would implement the recommended levy rates, are to commence on 1 July 1991.

91R141DOC
91R142DOC
91R143DOC
91R144DOC
91R145DOC
91R146DOC
91R147DOC

ATTACHMENT

EXANDIS - PROPOSED CONTRIBUTION RATES 1991-92

LEGISLATION

Dairy Produce Levy
(No. 1) Act 1986
(sub-section 7(4A))

Laying Chicken
Levy Act 1988
(paragraph 7(b))

Live-stock Slaughter
Levy Act 1964
(section 6)


Meat Chicken Levy
Act 1969
(paragraph 7(1)(b))

Pig Slaughter Levy
Act 1971
(paragraph 6(1)(c))

LEGISLATION

Australian Meat &
Live-stock
Corporation Act 1977
(subsection 34A(1))

Wool Marketing Act 1987          
(subsection 53A(1))

LEVY PROPOSED ($)


0.03438(cent/kg milk fat)



0.0025(cent/laying chicken)


Buffaloes 2.9649 (cent/head)          
Sheep 0.1727      (   "   )
Lambs 0.1727     (   "   )
Goats 0.075        (   "   )

0.013706(cent per head)



1.433(cent/head)



COMMODITY



Cattle/calves


Wool
 

SPECIFIED
MAXIMUM

0.066



0.0025


Nil




0.05



1.5



PAYMENT
      $


270,355


329,625
 

 

Overview

The Meat Chicken Levy Regulations (Amendment) 1991 No. 103 is a statutory rule issued under the authority of the Minister of State for Primary Industries and Energy to amend the Meat Chicken Levy Regulations. Enacted in 1991 by the Parliament of Australia, these regulations aim to address the need for updated levy rates for exotic disease purposes. The rules are made in accordance with the Meat Chicken Levy Act 1969, which provides for the imposition of a levy to fund research and development and the control of exotic animal diseases. The policy objective behind these amendments is to ensure that the rates prescribed by regulation reflect the most recent recommendations from relevant industry bodies and statutory authorities, thereby maintaining an effective and equitable system for funding agricultural research and disease control initiatives. The amendments to the Meat Chicken Levy Regulations are necessary to set the operative exotic disease levy rates for the financial year 1991-92, taking into account recommendations from the Exotic Animal Disease Preparedness Consultative Council (EXANDIS), which is established under the Exotic Animal Disease Control Act 1989. These regulations ensure that the rates do not exceed the last recommended rates, thus maintaining a consistent and fair approach to industry contributions. The amendments are designed to streamline the regulatory framework and enhance the efficiency of levy collection and distribution, ultimately supporting the agricultural sector in its efforts to combat exotic animal diseases and fund essential research and development activities.

Scope and Application

The Meat Chicken Levy Regulations (Amendment) 1991 No. 103 applies to entities involved in the poultry industry, specifically those responsible for the production and slaughter of meat chickens, across Australia. The Act is issued under the authority of the Minister of State for Primary Industries and Energy, and it amends existing regulations pertaining to various levies established under several Acts including the Australian Meat & Livestock Corporation Act 1977, the Dairy Produce Levy (No. 1) Act 1986, the Laying Chicken Levy Act 1988, the Livestock Slaughter Levy Act 1964, the Meat Chicken Levy Act 1969, the Pig Slaughter Levy Act 1971, and the Wool Marketing Act 1987. These Acts and the subsequent regulations are designed to implement levies for exotic disease purposes and, in some cases, for research and development within the livestock and poultry industries. The Act ensures that any proposed changes to the levy rates are considered against recommendations from the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and relevant industry bodies before being made by the Governor-General. The regulations set forth the specific rates for these levies, ensuring they do not exceed the maximum rates specified in the respective Acts, and they come into effect from 1 July 1991.

Key Provisions

The Meat Chicken Levy Regulations (Amendment) 1991 No. 103 (the Regulations) primarily serve to adjust the rates of levies applicable to the meat chicken industry for the 1991-92 financial year. Section 11(1) of the Meat Chicken Levy Act 1969 mandates that these rates be set through regulation by the Governor-General. The Governor-General must consider recommendations made by the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) members, as nominated by the National Farmers' Federation (NFF). Importantly, the Governor-General cannot set a levy rate higher than the latest recommendation made by EXANDIS. Specifically, the Regulations set the rate at 0.0025 cents per laying chicken for exotic disease purposes (section 11(1)(b) of the Act). The Regulations impose obligations on entities within the meat chicken industry to contribute to the specified levy rates. According to section 11 of the Meat Chicken Levy Act 1969, the levy must be paid by the person responsible for the slaughter of the meat chicken. This levy is intended to fund research and development for the meat chicken industry and to contribute towards the control and eradication of exotic animal diseases. The industry is required to remit these contributions on a regular basis, as determined by the relevant regulations. Breaches of the Meat Chicken Levy Regulations (Amendment) 1991 No. 103 may incur civil or criminal penalties. While the explanatory statement does not specify maximum penalties, the underlying Acts generally allow for fines and potential prosecution for non-compliance. For instance, the Meat Chicken Levy Act 1969 provides that failure to pay the prescribed levy can result in a penalty, though the exact amount is not detailed in the provided text. It is crucial for industry participants to adhere to the specified rates and remittance schedules to avoid any legal repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.