EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 309
Issued by the Authority of the Minister for Primary Industry
POULTRY INDUSTRY LEVY COLLECTION REGULATIONS (AMENDMENTS)
Section 12 of the Poultry Industry Levy Collection Act 1965 provides that the Governor-General may make regulations necessary for carrying out or giving effect to the Act.
Regulation 4(a) of the Poultry Industry Levy Collection Regulations requires an owner of hens kept for commercial purposes in a State to furnish, by notice in writing, to the State Egg Board for the State, information in respect of the number of hens kept by him.
Regulation 7(1) of the Poultry Industry Levy Collection Regulations provides that the notice referred to in Regulation 4 shall be posted or delivered to the State Board. The name and address of each are set out in the Second Schedule to the Regulations.
Since the present Regulations were made, the name of the Egg Board in New South Wales and the name and address of the Egg Board in Victoria have changed.
The proposed amendments principally provide for the new names of the New South Wales and Victorian Boards and new address of the Victorian Board to be set out in the Second Schedule.
In addition, the number of proposed amendments seek changes which are of a drafting nature that will bring the terminology and form of the Regulations into line with current drafting style.
Overview
The Poultry Industry Levy Collection Regulations (Amendments) 2004 were enacted to address discrepancies in the Poultry Industry Levy Collection Regulations resulting from changes to the names and addresses of Egg Boards in New South Wales and Victoria. This legislative instrument amends the existing regulations to ensure that the information regarding the number of hens kept by owners for commercial purposes is correctly directed to the appropriate authorities. The enacting body for these regulations is the Governor-General, exercising the authority granted under Section 12 of the Poultry Industry Levy Collection Act 1965. The primary objective of these amendments is to update the regulatory framework to reflect the current organisational structure and ensure the smooth administration and compliance of the poultry industry levy collection process.
Scope and Application
The Poultry Industry Levy Collection Regulations (Amendments) Statutory Rules 1983 No. 309, issued under the authority of the Minister for Primary Industry, amend the Poultry Industry Levy Collection Regulations to update the names and addresses of relevant Egg Boards in New South Wales and Victoria. This amendment is necessary due to changes that have occurred since the original Regulations were established. Specifically, the Regulations require owners of hens kept for commercial purposes to provide written information to their respective State Egg Boards regarding the number of hens they maintain. The updated Second Schedule of the Regulations now reflects the new names and address of these Boards to ensure compliance with current organisational structures. Additionally, the amendments include drafting changes to modernise the terminology and format of the Regulations, aligning them with contemporary regulatory practices.
The Regulations apply to any person or entity owning hens for commercial purposes within the states of New South Wales and Victoria, as these are the jurisdictions where the Egg Boards have undergone changes. The geographic reach of these Regulations is limited to the Commonwealth of Australia, specifically targeting the poultry industry within the amended states. There are no stated exclusions, exemptions, or thresholds within these particular amendments. The application of the Regulations is further extended or restricted through the subordinate instruments detailed in the Poultry Industry Levy Collection Act 1965, which allows for additional rules and specifications to be implemented by the Governor-General as necessary.
Key Provisions
The main operative sections of the Poultry Industry Levy Collection Regulations (Amendments) focus on updating the information required from owners of hens kept for commercial purposes. Specifically, Section 4(a) of the existing Regulations mandates that these owners must provide written notice to the relevant State Egg Board regarding the number of hens they maintain. This requirement is a crucial part of the administrative process under the Poultry Industry Levy Collection Act 1965, ensuring that the State Egg Boards have accurate data for their regulatory and oversight functions. Regulation 7(1) further specifies that this written notice must be posted or delivered to the State Board, with the details of each Board listed in the Second Schedule of the Regulations. The amendments to these Regulations primarily aim to update the names and addresses of the Egg Boards in New South Wales and Victoria to reflect current organisational structures.
The amendments impose specific obligations on the parties governed by these Regulations. Owners of hens kept for commercial purposes must continue to furnish written notice to the appropriate State Egg Board, but now with updated contact details. This includes notifying the amended names and addresses of the Egg Boards in New South Wales and Victoria as set out in the Second Schedule. The obligation to provide accurate and timely information remains unchanged, but the updated contact details ensure that communications are effectively directed to the correct authorities. The necessity for owners to adhere to these reporting requirements is fundamental to the effective administration and regulation of the poultry industry in Australia.
Failure to comply with the obligations under these Regulations may result in civil or administrative penalties, although specific penalties are not detailed within the text. Given that these Regulations are amendments intended to update contact information and align with current drafting standards, the primary focus is on ensuring compliance with the updated details rather than introducing new penalties. However, any non-compliance with the fundamental requirement to provide written notice could potentially lead to enforcement actions by the relevant authorities, aiming to ensure that the regulatory framework remains effective and the industry is properly monitored. The precise consequences of non-compliance would depend on the specific provisions of the Poultry Industry Levy Collection Act 1965 and any related enforcement guidelines.