Poultry Industry Levy
No. 68 of 1966
An Act to amend the Poultry Industry Levy Act 1965 in relation to Exemption from Levy in respect of Broiler Breeder Hens, and in relation to Decimal Currency.
[Assented to 29 October 1966]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Poultry Industry Levy Act 1966.
(2.) The Poultry Industry Levy Act 1965 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Poultry Industry Levy Act 1965–1966.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Rate of levy.
3. Section 6 of the Principal Act is amended by omitting from sub-section (3.) the words “Ten shillings” and inserting in their stead the words “One dollar”.
Exemptions in respect of hens for home use and for the production of “broilers”.
4. Section 8 of the Principal Act is amended—
(a) by inserting in sub-section (2.), after the words “prescribed period” (wherever occurring), the words “applicable to him”;
(b) by omitting from sub-section (3.) the definition of “prescribed period”; and
(c) by adding at the end thereof the following sub-sections:—
“(4.) For the purposes of sub-section (2.) of this section, the period that is the prescribed period applicable to an owner of hens in relation to a day on which levy is imposed is—
(a) if, in accordance with the succeeding provisions of this section, this paragraph applies to him in respect of that day—the period of three months ending—
(i) where that day is the thirtieth day of September, the thirty-first day of December, the thirty-first day of March or the thirtieth day of June—on that day; or
(ii) in any other case—on the thirtieth day of September, the thirty-first day of December, the thirty-first day of March or the thirtieth day of June that last preceded that day; or
(b) if, in accordance with the succeeding provisions of this section, this paragraph applies to him in respect of that day—the period of two weeks ending on that day.
“(5.) The owner of hens may, in accordance with the regulations, elect that either paragraph (a) of the last preceding sub-section or paragraph (b) of that sub-section shall apply to him in respect of a day specified in the election, being a day on which levy is imposed, and, in that event, the paragraph so specified applies to him in respect of the day so specified and in respect of each subsequent day on which levy is imposed, other than the day specified in any further election made by him under this sub-section or a day subsequent to the day so specified.
“(6.) A person who has made an election under the last preceding sub-section specifying a day on which levy is imposed is not entitled to make a further election under that sub-section specifying a day included in the period of twelve months immediately following that first-mentioned day.
“(7.) Where a person has not made an election under sub-section (5.) of this section, paragraph (a) of sub-section (4.) of this section applies to him in respect of each day on which levy is imposed.”.
Overview
The Poultry Industry Levy Act 1966 was enacted to amend the Poultry Industry Levy Act 1965, addressing issues related to the exemption from levy in respect of broiler breeder hens and the transition to decimal currency. This Act was passed by the Parliament of Australia, with the aim of refining the regulatory framework for levies within the poultry industry to better align with contemporary economic practices and industry needs. The amendments introduced by this Act focus on updating the levy rates to reflect the shift from shillings to dollars and adjusting the exemption periods for certain hens, thereby ensuring the legislation remains relevant and effective in its purpose.
Scope and Application
The Poultry Industry Levy Act 1966 amends the Poultry Industry Levy Act 1965, introducing changes regarding the exemption from the levy for certain hens and updating the currency used for the levy. This Act applies to individuals or entities within the poultry industry that own hens, specifically those designated for the production of broilers. Its jurisdiction is at the Commonwealth level, applying nationally across Australia. The Act modifies the rate of levy from Ten shillings to One dollar and specifies exemptions for hens kept for home use and for the production of broilers, allowing these entities to elect a prescribed period for exemption. The Act also restricts the frequency of elections that can be made within a twelve-month period. The application of this Act is further defined and potentially extended through subordinate regulations, which may detail specific processes or additional conditions for exemptions.
Key Provisions
The Poultry Industry Levy Act 1966 amends the Poultry Industry Levy Act 1965, introducing significant changes concerning the rate of the levy and exemptions for certain hens. Section 3 of the Act changes the rate of the levy from Ten shillings to One dollar, affecting how much is charged to poultry owners. Sections 4 to 7 of the Act introduce new provisions regarding exemptions for hens, particularly broiler breeder hens, which can be exempt for a prescribed period. Specifically, Section 4 amends Section 8 of the Principal Act by adding sub-sections that define the prescribed period for exemptions, allowing poultry owners to choose between a three-month or two-week exemption period. These changes provide flexibility for poultry owners to manage their levies better.
The Act imposes several obligations on the parties it governs. Under Section 4, poultry owners must elect whether they want a three-month or two-week exemption period for their hens, and once an election is made, they cannot change it for the subsequent twelve months. This requirement ensures that owners must plan their exemption periods in advance and cannot switch back and forth without adhering to the twelve-month waiting period. The regulations, which are to be made in accordance with the Act, will detail the process for making these elections and managing the exemptions.
Breaches of the obligations imposed by the Act may have civil or criminal consequences. Although the Act does not explicitly state penalties for non-compliance, under Australian law, failure to adhere to legislative requirements can lead to legal actions. These may include fines, imprisonment, or other penalties as determined by the relevant courts. The maximum penalties would depend on the specific nature of the breach and the severity of the non-compliance, as interpreted under the broader legal framework governing administrative and statutory compliance.