Poultry Industry Assistance Amendment Act 1992

Legislation au C2004A04309 Not in force Act

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Poultry Industry Assistance Amendment Act
1992

No. 18 of 1992

 

An Act to amend the Poultry Industry Assistance Act 1965

[Assented to 10 April 1992]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Poultry Industry Assistance Amendment Act 1992.

(2) In this Act, "Principal Act" means the Poultry Industry Assistance Act 19651.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Application of Fund

3. Section 6 of the Principal Act is amended:

(a) by omitting subsection (1) and substituting the following subsection:

"(1) The purposes of the Fund are:

(a) to make payments to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth on or after 12 October 1990 in relation to:

(i) the collection or recovery of amounts of levy or penalty referred to in paragraph 5(1)(a) or 5(1)(aa) that are receivable by the Commonwealth; or


(ii) the administration of subsection 5(1); and

(b) to make payments in accordance with approvals of the Minister under this section or section 6A or 6AA.";

(b) by omitting from subsection (2) "money stands to the credit of the Fund that has not been approved by the Minister for payment from the Fund in accordance with section 6A or 6AA, the Minister may, notwithstanding subsection (1)" and substituting "an amount stands to the credit of the Fund (other than an amount payable to the Commonwealth under paragraph (1)(a) or payable in accordance with an approval of the Minister under section 6A or 6AA), the Minister may".

__________________________________________________________________________________

NOTE

1. No. 21, 1965, as amended. For previous amendments, see No. 66, 1966; Nos. 4 and 21, 1979; No. 80, 1982; No. 39, 1983; No. 165, 1984; and No. 17, 1990.

[Minister's second reading speech made in—

House of Representatives on 29 November 1991

Senate on 26 February 1992]

 

Overview

The Poultry Industry Assistance Amendment Act 1992, enacted by the Parliament of Australia, amends the Poultry Industry Assistance Act 1965 to address specific financial obligations related to the poultry industry. The amendment focuses on adjusting the purposes of the Fund established under the Principal Act, ensuring that it aligns with the contemporary needs of the industry by covering the expenses incurred by the Commonwealth from October 1990 onwards for activities such as the collection or recovery of levies or penalties and the administration of certain provisions. This legislative amendment aims to provide a clearer and more defined scope for the Fund's activities, thereby facilitating more effective financial support and oversight within the poultry industry.

Scope and Application

The Poultry Industry Assistance Amendment Act 1992 amends the Poultry Industry Assistance Act 1965, which pertains to the Australian poultry industry, aiming to refine the application and objectives of the Fund established under the Principal Act. This amendment applies to the entities involved in the poultry industry that are subject to the levy or penalty provisions specified in the Principal Act, including poultry producers and other industry stakeholders. Geographically, the Act applies within the Commonwealth of Australia, encompassing all states and territories, thereby ensuring a national scope of application. The Act outlines specific purposes of the Fund, such as making payments to the Commonwealth for expenses incurred from a specified date onwards and facilitating payments approved by the Minister under certain sections of the Principal Act. The exclusions and limitations are defined by the Act itself and are subject to further detail in the Principal Act and any subordinate instruments that may extend or restrict the application of the Fund's purposes.

Key Provisions

The Poultry Industry Assistance Amendment Act 1992 amends the Poultry Industry Assistance Act 1965 by altering the purpose and operation of the Fund established under the Principal Act. Section 6 of the Principal Act is amended to clarify the purposes of the Fund, which now include making payments to the Commonwealth for specific expenses incurred from 12 October 1990 and payments approved by the Minister under certain sections of the Act (subsection 6(1)). Additionally, it modifies the conditions under which the Minister can authorise the use of amounts in the Fund, now requiring approval for payments that do not fall under the specified purposes or Minister's approval (subsection 6(2)). The amended Act imposes several obligations on the parties involved, particularly the Minister in relation to the Fund. The Minister must ensure that payments from the Fund are made for the purposes outlined in section 6(1) or in accordance with approvals under sections 6A or 6AA. This includes making payments to the Commonwealth for expenses related to the collection or recovery of levies or penalties and payments approved by the Minister. The Minister is also responsible for ensuring that any amount in the Fund not intended for the specified purposes or not approved for payment is managed according to the new provisions. Breaches of the amended Act may lead to legal consequences, although the specific offences, penalties, or consequences are not detailed within the excerpt provided. Generally, failure to comply with the requirements for the administration of the Fund or misuse of funds could potentially result in civil or criminal penalties. However, the maximum penalties or specific consequences are not specified in the excerpt and would need to be referred to in the full text of the Act or other relevant legislation.

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Commercial Law
Instrument
Act
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Commencement Provisions
Repeal & Amendment
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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.