Poultry Industry Assistance Amendment Act (No. 2) 1979

Overview

The Poultry Industry Assistance Amendment Act (No. 2) 1979 was enacted to further amend the Poultry Industry Assistance Act 1965, thereby addressing gaps in the existing legislative framework concerning financial assistance to the poultry industry. This Act was passed by the Queen, with the authority of the Senate and House of Representatives of the Commonwealth of Australia, to provide an updated scope and application of financial support mechanisms for poultry industries across various jurisdictions, including the Australian Capital Territory. The policy objective of this amendment was to ensure that the Poultry Industry Assistance Fund could be utilised to support poultry industries in all states and territories, including the Northern Territory, by expanding the definition of "State" to encompass this region. This legislative change aimed to provide a more comprehensive and inclusive approach to the allocation of funds intended to bolster the poultry industry's stability and growth.

Scope and Application

The Poultry Industry Assistance Amendment Act (No. 2) 1979 amends the Poultry Industry Assistance Act 1965 to extend the scope of financial assistance to the poultry industry within the Australian Capital Territory (A.C.T.). This Act applies to the Minister responsible for administering the provisions of the Principal Act and to the poultry industry, including entities and persons engaged in poultry farming or related activities. The Act provides for the Minister to approve payments out of the Fund to assist the poultry industry specifically in the A.C.T. This geographic extension is significant as it includes an additional jurisdiction beyond those initially covered by the Principal Act. The Act does not specify any exclusions, exemptions, or thresholds for eligibility for the financial assistance, leaving such determinations to the discretion of the Minister, who may consider recommendations from the Council. The Act’s provisions can be further detailed or clarified through subordinate instruments, which may specify conditions or criteria for the financial assistance.

Key Provisions

The Poultry Industry Assistance Amendment Act (No. 2) 1979 makes several significant amendments to the Poultry Industry Assistance Act 1965. Key among these amendments is the inclusion of the definition of "State" in section 3, which now explicitly includes the Northern Territory (section 3). This addition broadens the scope of the Principal Act, ensuring that the legislative framework covers the poultry industry across all states and territories in Australia. In section 4, the Act modifies the application of the Fund by altering section 6 of the Principal Act. Specifically, it removes references to sections 6a and 6b and replaces them with sections 6a, 6aa, and 6b (section 4). This amendment indicates a reconfiguration in how funds are allocated or used within the industry. Additionally, the Act introduces a new section, 6aa, which authorises the Minister to approve payments from the Fund for the assistance of the poultry industry in the Australian Capital Territory (section 5(1)). The amounts for these payments are to be determined by the Minister, taking into consideration any recommendations made by the Council (section 5(2)). The obligations imposed by the Act on the parties involved are primarily centred around the administration and disbursement of funds. The Minister is tasked with the responsibility of approving payments from the Fund to support the poultry industry, with a specific emphasis on the Australian Capital Territory (section 5(1)). This obligation extends to considering recommendations from the Council when determining the amounts of these payments (section 5(2)). The Council, in turn, is required to provide recommendations to the Minister, which must be based on a thorough assessment of the industry's needs. In terms of potential consequences for non-compliance, the Act does not explicitly outline offences, penalties, or specific civil or criminal consequences for breaches. However, the nature of the legislative amendments suggests that any misuse or improper allocation of funds could potentially lead to legal scrutiny or repercussions. While the Act does not provide maximum penalties, it is implicit that any breaches could result in legal action under the broader legal framework governing administrative and financial regulations in Australia.