STATUTORY RULES
1970 No. 73
REGULATIONS UNDER THE POULTRY INDUSTRY LEVY ACT 1965-1966.*
WHEREAS it is enacted by sub-section (1.) of section 6 of the Poultry Industry Levy Act 1965–1966 that the rate of levy imposed by that Act is such amount in respect of each hen as is prescribed:
AND WHEREAS it is enacted by sub-section (2.) of that section that, before making any regulations prescribing an amount, the Governor-General shall take into consideration any recommendation with respect to the rate of levy made to the Minister by The Council of Egg Marketing Authorities of Australia, and regulations shall not be made prescribing a rate in excess of the rate last recommended by that Council to the Minister:
AND WHEREAS the rate last recommended by that Council to the Minister is a rate of Two cents in respect of each hen in the case of levy to be imposed on either of the last two prescribed days in the financial year ending on the thirtieth day of June, 1970, and a rate of Four cents in respect of each hen in the case of levy to be imposed on a succeeding prescribed day:
NOW THEREFORE I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council and after taking into consideration the recommendation with respect to the rate last recommended to the Minister by The Council of Egg Marketing Authorities of Australia, hereby make the following Regulations under the Poultry Industry Levy Act 1965–1966.
Dated this second day of June, 1970.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Minister of State for Primary Industry.
Amendment of the Poultry Industry Levy Regulations†
Commencement.
1. These Regulations shall come into operation on the tenth day of June, 1970.
2. Regulation 3 of the Poultry Industry Levy Regulations is repealed and the following regulation inserted in its stead:—
Proscribed amount of levy.
“3. For the purposes of sub-section (1.) of section 6 of the Act, the amount in respect of each hen is—
(a) in the case of levy imposed on or after the date of commencement of this regulation and before the first day of July, 1970—Two cents; and
(b) in the case of levy imposed on or after the first day of July, 1970—Four cents.”.
* Notified in the Commonwealth Gazette on 8th June, 1970.
† Statutory Rules 1965, No. 78, as amended by Statutory Rules 1966, Nos. 8 and 107; 1967, Nos. 32, 84 and 127; 1968, No. 59; and 1969, No, 82.
Printed by Authority by the Government Printer of the Commonwealth of Australia
15748/70—Price 5c 10/15.5.1970
Overview
The Poultry Industry Levy Regulations 1970 were enacted by the Governor-General in accordance with the Poultry Industry Levy Act 1965-1966. These regulations were introduced to address the need for a structured levy system in the poultry industry, ensuring that the rates were set in consultation with industry bodies and adhered to recommendations from The Council of Egg Marketing Authorities of Australia. The regulations aimed to establish specific rates for the levy imposed on hens, considering the financial year and the recommendations provided by the relevant industry council. The objective was to ensure a fair and regulated imposition of levies, thereby maintaining the integrity and sustainability of the poultry industry.
The regulations were enacted by the Governor-General on behalf of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The policy objective was to implement a levy system that reflected the recommendations of the industry council, thereby fostering a balanced and equitable approach to industry regulation. The new rates were set at two cents for levies imposed before July 1, 1970, and four cents for those imposed thereafter, reflecting the considerations and recommendations taken into account by the council.
Scope and Application
The Poultry Industry Levy Regulations 1970 apply to the imposition of a levy on hens within the Commonwealth of Australia, pursuant to the Poultry Industry Levy Act 1965–1966. These regulations specifically determine the rate of the levy applicable to each hen, taking into account recommendations from The Council of Egg Marketing Authorities of Australia. The rate of the levy is set at two cents per hen for levies imposed between the date of commencement of these regulations and the first day of July, 1970, and increases to four cents per hen for levies imposed after this date. This regulation applies to all entities engaged in the poultry industry within the Australian jurisdiction, ensuring a consistent and federally-mandated levy across the industry. The regulations do not explicitly state any exclusions or exemptions, and the prescribed rates are not to exceed those recommended by the Council. The scope of these regulations is extended through the subordinate instrument, allowing for adjustments in the levy rate based on the council’s recommendations.
Key Provisions
The statutory rules, numbered 1970 No. 73, under the Poultry Industry Levy Act 1965–1966, establish specific regulations that must be adhered to by those subject to the Act. These regulations detail the rate of levy imposed on each hen in the poultry industry. Under section 3 of the regulations, it is stipulated that the levy will be Two cents per hen for levies imposed between the commencement date of these regulations and June 30, 1970. For any levies imposed after June 30, 1970, the rate increases to Four cents per hen. These provisions are designed to ensure that the levy rates are in line with the recommendations of The Council of Egg Marketing Authorities of Australia, as required by section 6 of the Act.
The obligations placed on the parties under these regulations are primarily concerned with the payment of the prescribed levy. Any entity involved in the poultry industry, including farmers, processors, and other relevant stakeholders, must ensure that they pay the correct amount of levy as per the stipulated rates. The regulations require these entities to keep accurate records of the number of hens they manage and to remit the appropriate levy amount within the specified timeframes. The payment of the levy is crucial for compliance with the Act and to avoid any potential legal ramifications.
Breaches of these regulations can lead to various civil and criminal consequences. Although the statutory rules do not explicitly state the penalties for non-compliance, breaches of similar nature under the overarching Act typically result in financial penalties. The maximum penalty for non-compliance could potentially be significant, depending on the severity and frequency of the breach. Additionally, persistent non-compliance might lead to legal action being taken against the offending party, which could result in further financial liabilities or other legal consequences as determined by the relevant authorities.