STATUTORY RULES
1965 No. 79.
REGULATIONS UNDER THE POULTRY INDUSTRY LEVY COLLECTION ACT 1965.*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Poultry Industry Levy Collection Act 1965.
Dated this 18th day of June, 1965.
HENRY ABEL SMITH
Administrator.
By His Excellency’s Command,
Minister of State for Primary Industry.
POULTRY INDUSTRY LEVY COLLECTION REGULATIONS
Citation.
1. These Regulations may be cited as the Poultry Industry Levy Collection Regulations.
Definitions.
2. In these Regulations, unless the contrary intention appears—
“broiler breeder hen”, “broiler chicken” and “prescribed period” have the same respective meanings as in section 8 of the Poultry Industry Levy Act 1965;
“hen” has the same meaning as in the Poultry Industry Levy Act 1965.
Information to be furnished.
3. An owner of hens kept for commercial purposes shall, within two weeks after a day on which levy is imposed in respect of hens so kept, furnish, if the hens are kept in a State, to the State Egg Board for the State or, if the hens are kept in the Australian Capital Territory, to the Secretary to the Department of Primary Industry, Canberra, the following information:—
(a) the number of hens so kept by him on that day; and
(b) if any of those hens are broiler breeder hens—
(i) the number of broiler breeder hens so kept by him on that day;
(ii) the number of eggs produced by broiler breeder hens so kept by him during the period that is the prescribed period in relation to that day; and
* Notified in the Commonwealth Gazette on 18 June, 1965.
6663/65.—Price 6d. 10/9.6.1965.
(iii) the number of eggs produced by broiler breeder hens so kept by him during the period that is the prescribed period in relation to that day, being eggs that have been or are to be used, whether by him or another person, for the purpose of hatching broiler chickens.
Payment of levy.
4. An amount of levy imposed in respect of hens kept for commercial purposes in the Australian Capital Territory is payable to the Collector of Public Moneys, Department of Primary Industry, Canberra.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
The Poultry Industry Levy Collection Act 1965 was enacted to provide a mechanism for the collection of a levy on hens kept for commercial purposes, particularly to fund the administration of the poultry industry. The Act was introduced to address the need for a structured and regulated method of collecting financial contributions from the poultry industry to support industry-related activities and administration costs. The Poultry Industry Levy Collection Regulations 1965 were subsequently made under this Act, specifying the process by which owners of hens must provide necessary information to relevant authorities and detailing the payment of the levy. The enacting body responsible for these regulations is the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The policy objective of these regulations is to ensure that the collection of the levy is carried out efficiently and accurately, facilitating the effective administration of the poultry industry.
Scope and Application
The Poultry Industry Levy Collection Regulations 1965, made under the Poultry Industry Levy Collection Act 1965, pertain to the collection of a levy imposed on hens kept for commercial purposes. These regulations apply to owners of hens, specifically those kept for commercial purposes, and require them to furnish information regarding the number of hens and, if applicable, the number of eggs produced by broiler breeder hens within two weeks of the levy being imposed. The regulations specify that this information must be provided to the relevant State Egg Board if the hens are kept in a state, or to the Secretary to the Department of Primary Industry in Canberra if the hens are kept in the Australian Capital Territory. The regulations also detail the payment of the levy, stipulating that it must be paid to the Collector of Public Moneys, Department of Primary Industry, in Canberra. The scope of these regulations is limited to the collection of the levy and does not extend to other aspects of poultry industry regulation, which may be covered under different legislation.
Key Provisions
The Poultry Industry Levy Collection Regulations (C1965L00079) are designed to administer the levy on hens kept for commercial purposes as outlined in the Poultry Industry Levy Collection Act 1965. Section 3 of these Regulations mandates that an owner of hens must provide specific information within two weeks of the levy being imposed. This information includes the number of hens kept and, if applicable, the number of broiler breeder hens and the number of eggs produced by these hens during the prescribed period (Regulation 3(a), (b)(i) and (ii)). Owners must also report the number of eggs produced that are intended for hatching broiler chickens (Regulation 3(b)(iii)). If the hens are kept in a state, the information must be furnished to the State Egg Board for that state; if in the Australian Capital Territory, the information must be provided to the Secretary to the Department of Primary Industry, Canberra.
The obligations under these Regulations are clear and specific. Owners of hens kept for commercial purposes must ensure they furnish the required information accurately and within the stipulated timeframe (Regulation 3). Failure to provide the necessary details within two weeks of the levy being imposed may result in non-compliance with the Regulations, potentially leading to further administrative or legal consequences. Furthermore, the Regulations specify the payment process for the levy imposed on hens kept in the Australian Capital Territory, which must be paid to the Collector of Public Moneys, Department of Primary Industry, Canberra (Regulation 4).
Breach of these Regulations can lead to various consequences. While the specific penalties for non-compliance are not detailed within the text of the Regulations, it is reasonable to infer that breaches could result in fines or other administrative actions as permitted under the overarching Act. The Act may outline further penalties for non-compliance, including potential civil or criminal sanctions, depending on the severity and frequency of the breach. The precise penalties would need to be examined in the context of the Poultry Industry Levy Collection Act 1965 and any related legislative instruments.