EXPLANATORY STATEMENT
STATUTORY RULES NO. 79 OF 1985
Issued by the Authority of the Minister for Primary Industry.
REGULATIONS UNDER THE POULTRY INDUSTRY LEVY ACT 1965
Section 11 of the Poultry Industry Levy Act 1965 (the Act) provides that the Governor-General may make regulations necessary for carrying out or giving effect to the Act.
Section 5 of the Act provides that a levy is, on each prescribed day, imposed in respect of hens kept for commercial purposes on that day.
Sub-section 6(1) provides that the rate of levy is such amount in respect of each hen as is prescribed. Sub-section 6(2) provides that before making any regulations for the purposes of sub-section 6(1), the Governor-General shall take into consideration any recommendation with respect to the rate of levy made to the Minister by the Australian Egg Marketing Council (the Council), and regulations shall not be made prescribing a rate in excess of the rate last recommended by the Council to the Minister.
The existing Regulations made in accordance with these provisions prescribe the rate of hen levy at 7.5 cents per hen per fortnight.
The Council has now recommended to the Minister that the hen levy be decreased to 5.0 cents per fortnight to commence on 1 July 1985. The proposed amendment to the regulations is in accordance with the Council’s recommendation.
Sub-section 6(3) of the Act provides for a maximum hen levy of $2 per annum. The rate now recommended by the Council is equivalent to $1.30 per hen per annum.
The receipts from the hen levy are distributed for assistance to the poultry industry and for expenditure on research. The bulk of the money is used to offset the losses which the State Egg Marketing Boards incur in the disposal of surplus eggs, mainly on the export market.
AUTHORITY
Section 11 of the Poultry Industry Levy Act 1965.
Overview
The Poultry Industry Levy Regulations 1985 were enacted to address the need for regular updates to the rate of the poultry industry levy, as specified under the Poultry Industry Levy Act 1965. This Act, enacted in 1965, was designed to impose a levy on hens kept for commercial purposes to generate funds for the poultry industry, including support for egg marketing and research. The regulations were issued by the authority of the Minister for Primary Industry, in accordance with Section 11 of the Act, which allows for the establishment of necessary regulations to implement the Act's provisions. The primary policy objective outlined in the Act is to ensure that the levy rate is set with consideration of recommendations from the Australian Egg Marketing Council, aiming to maintain a balanced and sustainable poultry industry.
Scope and Application
The Poultry Industry Levy Act 1965 applies to entities involved in the commercial keeping of hens, with the levy being imposed on each prescribed day in respect of these hens. This Act operates under the Commonwealth jurisdiction and imposes a levy on hens kept for commercial purposes by entities within the poultry industry. The rate of the levy is prescribed through regulations made under the authority of the Governor-General, which must consider recommendations from the Australian Egg Marketing Council. These regulations currently set the rate at 5.0 cents per hen per fortnight, following a recommendation from the Council, and cannot exceed the last recommended rate. The Act also includes a cap on the maximum hen levy, set at $2 per annum, which ensures that the levy remains within a manageable threshold for those affected. The revenue generated from the levy is designated for assisting the poultry industry and funding research, primarily aimed at offsetting the losses incurred by State Egg Marketing Boards in the export of surplus eggs.
Key Provisions
The key provisions of the Poultry Industry Levy Regulations 1985 (C2004L05800) relate to the rate of the hen levy as prescribed under the Poultry Industry Levy Act 1965. Under Section 6 of the Act, the rate of the levy is specified, with Section 6(1) allowing the Governor-General to set the amount for each hen. However, Section 6(2) mandates that any recommendation regarding the rate of levy made by the Australian Egg Marketing Council to the Minister must be considered before regulations are made, and the prescribed rate must not exceed the most recent recommendation from the Council. The current regulations, which were set at 7.5 cents per hen per fortnight, are being amended to 5.0 cents per hen per fortnight, effective from 1 July 1985, in line with the Council's latest recommendation.
The Act imposes specific obligations on the entities it governs. Firstly, the Australian Egg Marketing Council must recommend a rate for the hen levy, which the Governor-General must consider when making regulations. Secondly, the Governor-General must ensure that the regulations do not exceed the latest recommendation from the Council. Furthermore, the regulations must adhere to the maximum levy rate of $2 per annum per hen, as stipulated in Section 6(3) of the Act. The new rate of 5.0 cents per fortnight is well within this limit, aligning with the Council’s recommendation and ensuring compliance with the legislative framework.
The Poultry Industry Levy Regulations 1985 do not explicitly outline specific offences or penalties for breach of its provisions. However, the overarching Poultry Industry Levy Act 1965 does establish a framework within which penalties and consequences for non-compliance can be derived. Under Australian administrative law, breaches of regulations made under an Act can lead to various civil and administrative penalties. For instance, failure to comply with the levy requirements could potentially result in financial penalties or other enforcement actions as stipulated by the relevant state or territory legislation. Additionally, there could be implications for the industry's funding and support mechanisms if the levy is not collected as required.