Pig Slaughter Levy Amendment Act (No. 2) 1986
No. 159 of 1986
An Act to amend the Pig Slaughter Levy Act 1971
[Assented to 18 December 1986]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Pig Slaughter Levy Amendment Act (No. 2) 1986.
(2) The Pig Slaughter Levy Act 19711 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the day fixed by Proclamation for the purposes of sub-section 2 (2) of the Pig Industry Act 1986.
Interpretation
3. Section 4 of the Principal Act is amended—
(a) by inserting after the definition of “abattoir” the following definition:
“ ‘Corporation’ means the Australian Pork Corporation referred to in the Pig Industry Act 1986;”; and
(b) by omitting the definition of “Promotion Committee”.
Rate of the levy
4. Section 6 of the Principal Act is amended—
(a) by omitting from paragraph (1) (b) “$1” and substituting “$1.50”;
(b) by omitting from sub-section (3) “Promotion Committee” and substituting “Corporation”; and
(c) by omitting from sub-section (3) “that Committee” and substituting “the Corporation”.
NOTE
1. No. 28, 1971, as amended. For previous amendments, see No. 45, 1975; No. 111, 1978; Nos. 51 and 61, 1981; No. 56, 1984; No. 103, 1985; and No. 25, 1986.
[Minister’s second reading speech made in—
House of Representatives on 23 October 1986
Senate on 25 November 1986]
Overview
The Pig Slaughter Levy Amendment Act (No. 2) 1986 was enacted to address the need for updating the Pig Slaughter Levy Act 1971 in response to changes within the pig industry, particularly with the establishment of the Australian Pork Corporation under the Pig Industry Act 1986. This amendment was necessary to ensure that the levy rate and administrative responsibilities were aligned with the new industry structure. The Act was enacted by the Parliament of Australia, with the intent to modernise the regulatory framework governing the pig industry. The policy objective was to ensure that the financial mechanisms supporting industry promotion and research remained effective and relevant to the contemporary operational environment.
This legislative amendment reflects a commitment to adapting existing laws to support the evolving needs of the pig industry, thereby maintaining the integrity and effectiveness of the levy system. The changes introduced by the Act were aimed at streamlining the administration of the pig slaughter levy and ensuring that the financial contributions were directed appropriately to the newly established Corporation for industry-related activities.
Scope and Application
The Pig Slaughter Levy Amendment Act (No. 2) 1986 amends the Pig Slaughter Levy Act 1971, adjusting the rate of the levy and modifying the distribution of funds collected from the levy. The Act applies to the Australian Pork Corporation, as defined in the Pig Industry Act 1986, and it primarily concerns the pig industry in Australia. The amendments include the increase of the levy rate from $1 to $1.50 per pig slaughtered, and the reallocation of the collected funds from a Promotion Committee to the Australian Pork Corporation. The amendments aim to streamline the administration of the levy and ensure that the funds are directed to a single entity responsible for industry promotion. The geographic reach of this Act is national, applying across Australia as a Commonwealth Act. There are no specific exclusions or exemptions mentioned in the Act, but the application of the levy and the distribution of funds are governed by the definitions and provisions within the amended Act and the Pig Industry Act 1986. The application of this Act may be further defined or extended through subordinate instruments, but these are not specified in the text.
Key Provisions
The Pig Slaughter Levy Amendment Act (No. 2) 1986 amends the Pig Slaughter Levy Act 1971, with the main changes found in the operative sections of the Act. Section 3 amends the definition of certain terms, specifically inserting a new definition for "Corporation" (section 4) and omitting the definition for "Promotion Committee." Section 4 modifies the rate of the levy by increasing it from $1 to $1.50, and changes the body responsible for the levy from the "Promotion Committee" to the "Corporation" as referred to in the Pig Industry Act 1986 (section 6).
This Act imposes specific obligations on entities governed by it. The most significant change is the transfer of responsibility for the levy from the Promotion Committee to the Corporation. This means the Australian Pork Corporation must now be responsible for the collection and management of the levy. The Corporation must ensure that the increased levy rate is applied correctly to all relevant pig slaughter activities within its purview.
The Act also introduces potential consequences for non-compliance with its provisions. Although the Act does not explicitly state offences or penalties, it can be inferred that failure to adhere to the amended provisions, such as not collecting the correct levy amount or not transferring responsibility to the Corporation, could lead to legal repercussions. The exact penalties would likely be determined under the Pig Slaughter Levy Act 1971 or other related legislation, but could include fines or other enforcement actions to ensure compliance.