Meat Chicken Levy Regulations (Amendment)

Overview

The Meat Chicken Levy Regulations (Amendment) Statutory Rules 1990 No. 113, issued by the authority of the Minister of State for Primary Industries and Energy, amend the Meat Chicken Levy Act 1969. This legislation was enacted to address the need for funding in the meat and chicken industries, specifically for research and exotic animal disease preparedness. The amendment responds to a recommendation from the Chicken Meat Research Council to increase the levy rate for research purposes from 0.15 cent to 0.19 cent per chicken hatched, effective from 1 July 1990. This adjustment aligns with the policy objective of encouraging rural industries to increase their contributions for research, ensuring that vital research initiatives receive adequate funding to support industry development and disease prevention.

Scope and Application

The Meat Chicken Levy Act 1969 applies to the industry involved in the hatching of chickens, specifically targeting entities responsible for hatching chickens for commercial purposes. This legislation is enacted at the Commonwealth level, impacting all entities within Australia. The Act imposes a levy on chickens hatched, which is divided into two components: funding for research and funding for exotic animal disease preparedness. The Act allows for the Governor-General to make regulations concerning the levy rates, taking into consideration recommendations from the Chicken Meat Research Council. Notably, the Act stipulates that the rate of levy for research purposes must be recommended by the Council and cannot exceed the last recommendation made by the Council. The current proposal amends the rate of levy for research purposes from 0.15 cent to 0.19 cent per chicken hatched, effective from 1 July 1990, aligning with the government’s objective of increasing contributions for research by rural industries.

Key Provisions

The Meat Chicken Levy Regulations (Amendment) primarily focuses on Section 11 of the Meat Chicken Levy Act 1969, which authorises the Governor-General to make regulations for the purposes of Section 7 of the Act. Specifically, the Act mandates a levy on chickens hatched, which is divided into two components: research funding and exotic animal disease preparedness funding. According to Section 7(1)(a), the rate of the levy for research purposes must not exceed 1 cent, with the current prescribed rate being 0.15 cent. Section 7(2) further stipulates that any regulation concerning the levy must take into consideration any recommendations made by the Chicken Meat Research Council (CMRC) to the Minister. The CMRC has recently recommended increasing the levy rate for research purposes from 0.15 cent to 0.19 cent per chicken hatched, effective from 1 July 1990. The proposed regulations aim to implement this increase in the levy rate for research purposes, reflecting the government's objective of encouraging rural industries to contribute more to research. To comply with the Act, the Governor-General must consider the CMRC's recommendation before making any new regulations. This amendment, therefore, not only aligns with the existing legislative framework but also supports the broader goal of enhancing research funding within the poultry industry. In terms of obligations, entities involved in hatching chickens are required to adhere to the amended levy rate, ensuring that the appropriate amount is collected and remitted as per the new regulations. The increased levy will be used to fund research activities, potentially leading to advancements in poultry farming practices, disease prevention, and overall industry development. The Meat Chicken Levy Act 1969, through these amendments, seeks to foster a more research-driven approach within the industry. Failure to comply with the new levy rate can result in various consequences. The Act does not specify particular offences or penalties in the explanatory statement, but non-compliance with statutory requirements generally may lead to legal repercussions. This could include fines, penalties, or other legal actions under the relevant statutory provisions. The exact penalties would depend on the specific circumstances and the discretion of the regulatory authorities, but they are likely to be significant enough to encourage adherence to the new regulations. The overarching intent is to ensure that the increased levy is properly collected and utilised for the intended research purposes.