Poultry Industry Levy Regulations (Amendment)

Overview

Statutory Rules 1967 No. 84, made under the Poultry Industry Levy Act 1965-1966, was enacted to address the need for a prescribed rate of levy on hens within the poultry industry. This Act was introduced to provide a structured and regulated approach to the collection of levies, ensuring that the rate set is both fair and reflects recommendations from relevant authorities. The policy objective is to maintain a consistent and fair levy system that takes into consideration the recommendations from The Council of Egg Marketing Authorities of Australia. The regulations were enacted by the Governor-General, acting on advice from the Federal Executive Council, and were designed to align with the most recent recommendation from the Council, which was a rate of four cents per hen. These regulations came into operation on 12 July 1967, amending the previously set rate of five cents per hen to the recommended rate of four cents.

Scope and Application

The Poultry Industry Levy Regulations 1967, made under the Poultry Industry Levy Act 1965-1966, apply to entities involved in the poultry industry, specifically those who are liable to pay a levy for each hen. These regulations set the prescribed rate of the levy at four cents per hen, following a recommendation from The Council of Egg Marketing Authorities of Australia. The regulations have a national jurisdictional reach, applying across the Commonwealth of Australia. The regulations are subject to amendment and may be modified through subordinate instruments to adjust the levy rate based on recommendations from the relevant council. The regulations came into operation on the twelfth of July, 1967, and supersede previous regulations that had set the levy at five cents per hen. The scope of these regulations is limited to the levy prescribed for hens within the poultry industry, with no other exclusions or exemptions specified within the legislative text.

Key Provisions

The main operative sections of these regulations, made under the Poultry Industry Levy Act 1965-1966, adjust the rate of the levy imposed on hens. Specifically, Regulation 2 amends Regulation 3 of the Poultry Industry Levy Regulations by changing the levy rate from five cents to four cents per hen. This alteration takes effect from the date specified in the regulations, which is the twelfth day of July, 1967, as indicated in Regulation 1. This amendment aligns the rate of the levy with the last recommendation from The Council of Egg Marketing Authorities of Australia, which was four cents per hen. The obligations imposed by these regulations are primarily on the parties involved in the poultry industry, particularly those responsible for the collection and payment of the levy. They must now comply with the new rate of four cents per hen, as set forth in the amended Regulation 3. This change necessitates adjustments in the financial planning and reporting mechanisms of those who must pay the levy, ensuring that the correct amount is accounted for and remitted to the relevant authorities in accordance with the new rate. Breach of these regulations could lead to various consequences, depending on the specific nature and severity of the non-compliance. Under the Poultry Industry Levy Act 1965-1966, penalties for non-payment or underpayment of the levy can be enforced. Although the specific penalties are not detailed in the statutory rules provided, they typically include fines or other financial penalties that are proportionate to the amount owed. In more severe cases, persistent non-compliance might result in legal action being taken against the defaulting parties, which could further escalate the financial and reputational costs associated with the breach.