Poultry Industry Assistance Amendment Act 1985

Overview

The Poultry Industry Assistance Amendment Act 1985 was enacted to amend the Poultry Industry Assistance Act 1965, addressing the need to adjust the funding mechanisms and processes for the poultry industry. The Act was passed by the Queen, with the assent of the Senate and the House of Representatives of the Commonwealth of Australia. The primary focus of this legislation was to streamline the application and distribution of funds collected through the Poultry Industry Levy, ensuring that the proceeds are effectively managed and allocated for research purposes. The policy objective was to ensure that the industry receives adequate support and that the funds collected are used efficiently to benefit the sector. The Act modifies the original Act by altering the conditions under which money is to be paid into the Fund, ensuring that all levies collected are properly accounted for and managed. It also introduces provisions for the payment of unapproved funds to the Commonwealth for research purposes, thus enhancing the flexibility and efficiency of fund allocation. Furthermore, the Act repeals certain sections that were no longer necessary and updates the delegation of authority to better align with the new legislative framework. Overall, the Poultry Industry Assistance Amendment Act 1985 aimed to improve the governance and financial management of the poultry industry assistance scheme.

Scope and Application

The Poultry Industry Assistance Amendment Act 1985 amends the Poultry Industry Assistance Act 1965, primarily to modify the application and administration of funds within the poultry industry. The Act applies to entities involved in the poultry industry, including poultry producers, processors, and distributors, as well as any other entities engaged in activities regulated under the Poultry Industry Levy Act 1965. Its jurisdiction extends across the Commonwealth of Australia, affecting all entities subject to the levy and any associated regulatory frameworks. The Act does not explicitly state exclusions or exemptions but does provide for the repeal of certain sections, indicating a streamlining of processes and responsibilities. The application of the fund and its management are detailed, with specific amendments to the allocation and approval processes for fund distributions. The Act also extends its application through subordinate instruments, such as regulations made under the Rural Industries Research Act 1985, which define the commencement of the Act's provisions in relation to the levy.

Key Provisions

The main operative sections of the Poultry Industry Assistance Amendment Act 1985 (sections 3 and 4) amend the Poultry Industry Assistance Act 1965. Section 3 alters the types of levies that must be paid into the Poultry Industry Assistance Fund, specifying that the fund will now include levies collected under the Poultry Industry Levy Collection Act 1965, both before and after the amendment's commencement. Section 4 allows the Minister to approve payments from the Fund to the Commonwealth for research purposes if the funds have not been previously approved for other uses, and it clarifies that such payments will be considered as payments under the Rural Industries Research Act 1985. Section 6b of the Principal Act is repealed by section 5 of the Amendment Act, removing a previous provision that is no longer applicable. The Act imposes several obligations on the parties it governs. The Minister is responsible for ensuring that the amended provisions of the Poultry Industry Assistance Act 1965 are adhered to, including the new specifications on the types of levies that must be paid into the Poultry Industry Assistance Fund and the conditions under which funds may be transferred to the Commonwealth for research purposes. The Reserve Bank must also comply with the new provisions allowing loans to State Egg Boards before 1 July 1987, as specified in section 6 of the Amendment Act. Furthermore, section 7 mandates that any delegation of the Minister's functions under the amended Act must now exclude references to the repealed section 6b of the Principal Act. The Amendment Act does not explicitly state any offences, penalties, or civil/criminal consequences for breaches of its provisions. However, given the nature of the amendments, it is reasonable to infer that any failure to comply with the new requirements for levy payments, fund applications, or delegation of functions could result in legal ramifications under the broader legislative framework that the Poultry Industry Assistance Act 1965 operates within. This might include administrative penalties or legal actions for non-compliance with the amended provisions, although specific penalties are not detailed in the Amendment Act itself.