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Regulation 4 provides that Statutory Rules 1994 No. 162 are repealed.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, issued under the authority of the Minister for Primary Industries and Energy, amend the Meat Chicken Levy Regulations made under the Meat Chicken Levy Act 1969. This amendment addresses a typographical error in Statutory Rules 1994 No. 162, which had previously set the incorrect levy rate. The Meat Chicken Levy Act 1969 was enacted to establish a levy for exotic disease purposes, providing financial support for the control and eradication of exotic animal diseases, coordinated by the Exotic Animal Disease Preparedness Consultative Council (EXANDIS). The policy objective of these regulations is to ensure that the correct levy rate is applied for the 1994-95 financial year, reflecting the recommendations made by members of EXANDIS nominated by the National Farmers' Federation. This amendment rectifies an error in the previously established levy rate, ensuring compliance with the intended regulatory framework.
Scope and Application
The Meat Chicken Levy Regulations (Amendment) 1995 No. 101 amends the Meat Chicken Levy Regulations 1994 No. 162 to correct a typographical error concerning the levy rate applicable for the financial year 1994-95. This amendment applies to entities involved in the meat chicken industry, specifically those who are subject to the Meat Chicken Levy as stipulated under the Meat Chicken Levy Act 1969. The amendment pertains to the rate of the levy, which has been corrected from 0.02 cent to 0.016 cent, ensuring that the regulations accurately reflect the intended rate set forth by Statutory Rules 1994 No. 162. The geographic reach of this legislation is limited to the Commonwealth of Australia, and it does not introduce any exclusions, exemptions, or thresholds beyond those already established in the Act. The regulation-making power under section 11 of the Meat Chicken Levy Act 1969 allows the Governor-General to modify the levy rate based on recommendations from the Exotic Animal Disease Preparedness Consultative Council (EXANDIS), with considerations given to the National Farmers' Federation. This ensures that the regulations align with the financial contributions required for exotic animal disease preparedness and control.
Key Provisions
The Meat Chicken Levy Regulations (Amendment) 1995 No. 101 primarily focuses on correcting a typographical error in the previously established Meat Chicken Levy Regulations. Section 1 of the amendment states that the Regulations are effective as of 1 July 1994, ensuring a seamless transition and application of the correct levy rates. Section 2 outlines the amendments to the Meat Chicken Levy Regulations, specifically adjusting the levy rate from 0.018 cent to 0.016 cent per unit, as was originally intended. Section 3, aligning with subsection 7(1) of the Meat Chicken Levy Act 1969, officially omits the incorrect rate and inserts the accurate rate of 0.016 cent. Section 4 repeals Statutory Rules 1994 No. 162, which contained the erroneous levy rate, thus clearing the way for the corrected Regulations.
Under the Meat Chicken Levy Act 1969, the Meat Chicken Levy Regulations (Amendment) imposes specific obligations on industry participants, such as meat chicken producers and processors, to contribute to the EXANDIS levy. These contributions are critical for maintaining the trust account used for exotic animal disease control and preparedness. The Act mandates that these contributions are to be made annually, and the regulations ensure that the correct and accurate levy rates are applied. The obligations also include ensuring compliance with the amended levy rates as outlined in the Regulations, thereby maintaining the financial integrity of the EXANDIS trust account.
Failure to comply with the Meat Chicken Levy Regulations (Amendment) 1995 No. 101 may result in various legal consequences. Although specific offences and penalties are not detailed in the explanatory statement, it is implied that non-compliance with these regulations could lead to civil or administrative penalties under the Meat Chicken Levy Act 1969. The maximum penalties for such breaches could potentially include fines or other enforcement actions, depending on the severity and impact of the non-compliance. The precise nature and extent of these penalties would be determined by the courts or administrative bodies handling such cases.