Poultry Industry Levy Amendment
Act 1979
No. 20 of 1979
An Act to amend the Poultry Industry Levy Act 1965.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Poultry Industry Levy Amendment Act 1979.
(2) The Poultry Industry Levy Act 1965 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on 1 July 1979.
Rate of levy
3. Section 6 of the Principal Act is amended by omitting “One dollar” from sub-section (3) and substituting “$2”.
Formal amendments
4. The Principal Act is amended as set out in the Schedule to this Act.
SCHEDULE Section 4
FORMAL AMENDMENTS
Provision amended | Omit— | Substitute— |
Section 2............... | the first day of July, One thousand nine hundred and sixty-five | 1 July 1965 |
Section 4 (definition of “hen”) | Six | 6 |
Section 4 (definition of “prescribed day”) | Fourteen | 14 |
Sub-section 6(2).......... | the last preceding sub-section | sub-section (1) |
Sub-section 6(3).......... | the last preceding first day of July | the last preceding 1 July |
| the next following first day of July | the next following 1 July |
Sub-section 6(4).......... | the last preceding sub-section | sub-section (3) |
| sub-section (1) of this section | sub-section (1) |
Sub-section 8(1).......... | Twenty | 20 |
Sub-section 8(2).......... | Twenty | 20 |
Sub-section 8(3).......... | the last preceding sub-section | sub-section (2) |
Sub-section 8(4).......... | sub-section (2) of this section | sub-section (2) |
Paragraph 8(4)(a)......... | three | 3 |
Sub-paragraph 8(4)(a)(i) | the thirtieth day of September, the thirty-first day of December, the thirty-first day of March or the thirtieth day of June | 30 September, 31 December, 31 March or 30 June |
SCHEDULE—continued
Provision amended | Omit— | Substitute— |
Sub-paragraph 8(4)(a)(ii) | the thirtieth day of September, the thirty-first day of December, the thirty-first day of March or the thirtieth day of June | 30 September, 31 December, 31 March or 30 June |
Paragraph 8(4)(b)......... | two | 2 |
Sub-section 8(5).......... | paragraph (a) of the last preceding sub-section or paragraph (b) of that sub-section | paragraph (4) (a) or paragraph (4)(b) |
Sub-section 8(6).......... | the last preceding sub-section | sub-section (5) |
| twelve | 12 |
Sub-section 8(7).......... | sub-section (5) of this section, paragraph (a) of sub-section (4) of this section | sub-section (5), paragraph (4) (a) |
Sub-section 10(2)......... | the last preceding sub-section | sub-section (1) |
Overview
The Poultry Industry Levy Amendment Act 1979 was enacted by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, to address the need for adjustments in the rates and formal amendments of the Poultry Industry Levy Act 1965. This Act introduces amendments to the existing legislation, primarily focusing on updating the levy rates and correcting various formal aspects of the Principal Act to ensure its continued efficacy and alignment with contemporary requirements. The primary objective of this amendment is to maintain the integrity and functionality of the poultry industry's financial framework by updating the financial levies and ensuring clarity in the legal definitions and procedural requirements.
Scope and Application
The Poultry Industry Levy Amendment Act 1979 amends the Poultry Industry Levy Act 1965, extending its scope and modifying certain provisions. This Act applies to all entities involved in the poultry industry, including producers, processors, and distributors, within the Commonwealth of Australia. It imposes a levy on these entities based on the volume of poultry produced, processed, or distributed. The amendment adjusts the rate of the levy from one dollar to two dollars, enhancing the revenue collected for industry-related purposes. The Act provides for formal amendments to various sections of the Principal Act, such as the definitions and specific subsections, to ensure clarity and consistency in the application of the levy. While the Act does not explicitly state exclusions, the scope is generally limited to those directly involved in the poultry industry. The Act’s application may also be extended or restricted through subordinate instruments, as necessary, to address specific circumstances or compliance issues.
Key Provisions
The Poultry Industry Levy Amendment Act 1979 makes several key amendments to the Poultry Industry Levy Act 1965. The most notable change is the alteration of the rate of the levy imposed on poultry production, as specified in section 3 of the Act. This section amends section 6 of the Principal Act by increasing the levy from one dollar to two dollars. Furthermore, the Act introduces formal amendments to various sections of the Principal Act as outlined in the Schedule. These amendments include changes to definitions, dates, and references within the Principal Act to ensure consistency and clarity in the legislative language.
The obligations and requirements imposed by the Poultry Industry Levy Amendment Act 1979 primarily concern the levy itself and the adjustments to definitions and references within the Principal Act. The Act mandates that the levy rate be increased to two dollars per unit of poultry production, affecting all entities subject to the levy under the Principal Act. Additionally, the formal amendments in the Schedule require that any references and definitions within the Principal Act be updated to reflect the changes made by this Act. This includes ensuring that all dates, subsections, and paragraphs are correctly referenced and updated to maintain the integrity and applicability of the legislation.
For breaches of the provisions of the Poultry Industry Levy Amendment Act 1979, there are potential civil and criminal consequences. While the Act itself does not specify particular offences or penalties, it is reasonable to infer that failure to comply with the amended levy rate or the formal amendments could lead to legal action under the Principal Act. The Principal Act may outline specific penalties for non-compliance, including fines or other sanctions. As such, entities subject to the levy must ensure they adhere to the updated requirements to avoid any legal repercussions.