Poultry Industry Levy Amendment Act 1985
No. 99 of 1985
An Act to amend the Poultry Industry Levy Act 1965, and for related purposes
[Assented to 26 September 1985]
BE IT ENACTED by the Queen, and the Senate and the 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 1985.
(2) The Poultry Industry Levy Act 19651 is in this Act referred to as the Principal Act.
Commencement
2. (1) Sections 1, 2 and 3 shall come into operation on the day on which this Act receives the Royal Assent.
(2) Section 4 shall come into operation on the day with effect from which the levy imposed by the Principal Act is declared by the regulations made under the Rural Industries Research Act 1985 to be a prescribed levy.
Interpretation
3. Section 4 of the Principal Act is amended by adding at the end of the definition of “prescribed day”, “, being a day occurring before 1 July 1987”.
Rate of levy
4. (1) Section 6 of the Principal Act is amended—
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) The rate of levy in respect of hens kept for commercial purposes on a prescribed day is such amount in respect of each hen as is equal to the aggregate of—
(a) the amount that is prescribed for the purposes of this paragraph; and
(b) the amount that is prescribed for the purposes of this paragraph.”;
(b) by omitting from sub-section (2) “rate of levy made to the Minister by the Council, and regulations shall not be made prescribing a rate in excess of the rate last recommended” and substituting “amount to be prescribed for the purposes of paragraph (1) (a) or (b) made to the Minister by the Council, and regulations shall not be made prescribing an amount for the purposes of that paragraph in excess of the amount last recommended for the purposes of that paragraph”; and
(c) by inserting in sub-section (4) “, or determined pursuant to,” after “prescribed by”.
(2) The amendments made by sub-section (1) that are referred to in paragraphs (a) and (b) of that section apply in respect of hens kept for commercial purposes on a prescribed day occurring on or after the day referred to in sub-section 2 (2) of this Act.
(3) The reference in sub-section 6 (4) of the Principal Act as amended by this Act to the amount determined pursuant to the regulations is a reference to the amount so determined in respect of hens kept for commercial purposes on a prescribed day occurring on or after the day referred to in sub-section 2 (2) of this Act.
NOTE
1. No. 19, 1965, as amended. For previous amendments, see No. 68, 1966; and No. 20, 1979.
[Minister’s second reading speech made in—
House of Representatives on 17 April 1985
Senate on 9 May 1985]
Overview
The Poultry Industry Levy Amendment Act 1985, enacted by the Parliament of Australia, serves to modify the Poultry Industry Levy Act 1965. This amendment was introduced to address issues in the regulation of levies within the poultry industry, aiming to provide a more flexible and responsive framework for levy imposition and management. The Act was assented to on 26 September 1985, with certain sections coming into effect immediately upon Royal Assent, and others on a date specified by regulations under the Rural Industries Research Act 1985. The overarching policy objective is to ensure that the levy structure remains fair and effective, while accommodating changes in industry practices and economic conditions.
Scope and Application
The Poultry Industry Levy Amendment Act 1985 amends the Poultry Industry Levy Act 1965, which applies to entities within the poultry industry, specifically those keeping hens for commercial purposes. This Act affects the rate of levy imposed on hens kept for commercial purposes on a prescribed day, as defined in the Principal Act. The amendments apply to hens kept for commercial purposes on a prescribed day occurring on or after the day specified in the Rural Industries Research Act 1985, thereby altering the financial obligations of entities within the poultry industry. The Act operates within the Commonwealth jurisdiction and extends its reach to all entities involved in the commercial poultry industry across Australia. The amendments allow for the adjustment of levy rates through subordinate instruments, thereby providing flexibility in regulating the industry. The Act does not explicitly state any exclusions or exemptions, implying that it applies broadly to all entities within the scope of the Principal Act.
Key Provisions
The Poultry Industry Levy Amendment Act 1985 (sections 1-3) modifies the Poultry Industry Levy Act 1965. The rate of levy for hens kept for commercial purposes is altered to ensure that it includes a prescribed amount, as well as another amount determined through regulations (section 4(1)). The Minister and Council now have the power to recommend the amounts, and these recommendations cannot be exceeded by regulations (section 4(2)). The changes apply to hens kept on or after a specific date, which is determined by the Rural Industries Research Act 1985 (section 4(2)).
Entities and parties governed by this Act are required to adhere to the new levy rates and processes. This includes the Council’s recommendation of levy amounts and the Minister’s acceptance of these recommendations, which must be implemented through regulations. The Council must ensure that the recommended amounts are adhered to, and the Minister must not exceed these amounts in the regulations. This involves a procedural change where the amounts for the levy are now subject to both a prescribed amount and an amount determined through regulations.
Failure to comply with the new provisions may result in regulatory consequences. The Act does not explicitly state any penalties for non-compliance but implies that exceeding the recommended amounts could lead to regulatory scrutiny and potential enforcement actions. The precise nature and extent of penalties or consequences for non-compliance are not detailed in the provided text but would typically be enforced under the general administrative and penal provisions of the Principal Act or related legislation.