Poultry Industry Levy Collection Act 1966

Overview

The Poultry Industry Levy Collection Act 1966 was enacted by the Commonwealth Parliament to amend the Poultry Industry Levy Collection Act 1965. The purpose of this Act was to refine the framework for collecting levies within the poultry industry, addressing any gaps or issues present in the initial Act. The key amendments include modifying the penalty for non-payment of levies, enhancing the authority of authorised persons to enter and search premises, and updating the regulatory framework to ensure better record-keeping and compliance. This legislative update underscores the policy objective of maintaining effective and efficient collection mechanisms within the poultry industry to support industry regulation and oversight.

Scope and Application

The Poultry Industry Levy Collection Act 1966 applies to individuals and entities involved in the commercial keeping of hens, the hatching of chickens, and the maintenance of related records. It extends its reach across the Commonwealth of Australia, aiming to regulate and oversee the poultry industry through the collection of levies and the enforcement of compliance measures. The Act allows authorised officers to enter premises, search for hens or related documents, and take necessary actions to ensure compliance with the regulations. It also outlines penalties for non-payment of levies and obstruction of authorised officers. The Act's application can be further detailed and extended through subordinate instruments, which may specify additional regulations or detailed procedures. There are no explicit exclusions or exemptions mentioned in the text, but the Act’s enforcement is subject to the discretion of the Minister and authorised officers.

Key Provisions

The Poultry Industry Levy Collection Act 1966 amends the Poultry Industry Levy Collection Act 1965 to include new provisions regarding the collection of levies and enforcement of compliance within the poultry industry. Section 3 of the Act alters the conditions under which the Minister, or an authorised person, may remit a portion of the levy payable by an industry participant. It specifies that the Minister, or an authorised person, may grant remissions if they deem it necessary, though any remission granted by someone other than the Minister cannot exceed one dollar (section 3(2)). Section 4 modifies the monetary penalty for certain offences from one hundred and fifty pounds to three hundred dollars (section 4). Additionally, Section 5 introduces new provisions for authorised officers to access premises and records related to the commercial keeping of hens and chickens, replacing the repealed Section 11 of the Principal Act (section 5(1)). Authorised officers can now enter premises, search for hens, and examine records without obstruction from those present, with a penalty of one hundred dollars for any obstruction without reasonable excuse (section 5(2)). Under the amended Act, there are several obligations imposed on the parties it governs. Firstly, the Act requires that any person involved in the commercial keeping of hens or chickens must maintain records relating to their activities, as per the new subsection (12(ad)) inserted by Section 6 of the Act. Additionally, there is a requirement for compliance with the levy payment obligations as amended by Section 3. Industry participants must ensure they are up to date with their payments and be prepared to provide necessary records and access to premises when requested by an authorised officer. The Act also mandates that any person acting under the authority granted by the Minister must present their written authorisation when accessing premises or records (section 5(1)). Failure to comply with these requirements can result in legal consequences. The Act outlines specific offences and the penalties associated with breaches of its provisions. For example, non-compliance with the requirement to pay the levy, as amended by Section 3, can lead to financial penalties up to three hundred dollars, as stipulated in Section 4. Moreover, obstructing an authorised officer from carrying out their duties under the Act, as detailed in Section 5, carries a penalty of one hundred dollars. Additionally, failure to maintain the required records, as introduced by Section 6, can result in a penalty of up to two hundred dollars. These penalties underscore the importance of adhering to the Act’s provisions and maintaining compliance within the poultry industry.