EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO 42
Issued by the Authority of the Minister for Primary Industry
POULTRY INDUSTRY LEVY ACT 1965
POULTRY INDUSTRY LEVY REGULATIONS (AMENDMENT)
Sub-section 6(1) of the Poultry Industry Levy Act 1965 (the Act), as amended, provides for division of the levy into two components to cater for separate marketing and research funds. The amended provision becomes operative when regulations prescribe the levy as a research levy for the purposes of the Rural Industries Research Act 1985.
Regulations have been made under the Rural Industries Research Act 1985 prescribing 1 April 1986 as the date on which the levy is a research levy.
Sub-section 6(2) of the Act provides that the Governor-General may make regulations setting the level of levy for either purpose and shall take into account any recommendations made to the Minister for Primary Industry by the Australian Egg Marketing Council (the Council). The rate of levy for either purpose cannot be set at a rate in excess of the amount last recommended to the Minister by the Council.
The Council has recommended to the Minister that the rates of levy be set at 4.9 cents and 0.1 cents, respectively, for marketing and research effective 1 April 1986. The Minister has agreed with these recommendation which do not alter the current total rate (5.0 cents) of levy imposed.
The proposed regulation provides that on 1 April 1986 the present single rate of hen levy is repealed. From that date two component rates are established and applied.
Overview
The Poultry Industry Levy Act 1965 was enacted to address the need for a structured financial framework to support the poultry industry in Australia. This legislation allows for the imposition of a levy on poultry products, which is intended to fund both marketing and research activities within the industry. The Act was introduced by the Australian Parliament to ensure that the poultry sector has the necessary resources to maintain and improve its market presence and product development through dedicated funding mechanisms. The policy objective of the Act is to create a sustainable financial model that supports industry growth and innovation by ensuring dedicated funds for marketing and research purposes. The Poultry Industry Levy Regulations (Amendment) 1986 further refine the operation of the Act by introducing a dual-component levy system, effective from 1 April 1986, as recommended by the Australian Egg Marketing Council and approved by the Minister for Primary Industry. This amendment aims to maintain the total levy rate while providing clearer delineation of funds for marketing and research.
Scope and Application
The Poultry Industry Levy Regulations (Amendment) pertains to the Poultry Industry Levy Act 1965 and modifies the levy structure to reflect the division of funds for marketing and research purposes. This amendment applies to all entities within the poultry industry subject to the Act, specifically targeting those involved in the production, processing, and marketing of poultry and poultry products. The regulations affect the entire Commonwealth, ensuring a uniform approach across Australia in relation to the levy. The amendment does not introduce any new exclusions or exemptions but rather modifies the application of the levy by creating separate rates for distinct purposes, as prescribed by the Rural Industries Research Act 1985. The new rates are set by the Governor-General, taking into account recommendations from the Australian Egg Marketing Council, ensuring that the levy rates do not exceed those recommended by the Council. The amendment will come into effect on 1 April 1986, replacing the previous single rate with two distinct component rates for marketing and research.
Key Provisions
The main operative sections of the Poultry Industry Levy Regulations (Amendment) concern the division of the poultry industry levy into two distinct components, as outlined in sub-section 6(1) of the Poultry Industry Levy Act 1965. This amendment ensures that the levy is separated into funds for marketing and research. The regulations stipulate that this division becomes effective from 1 April 1986, as prescribed by the Rural Industries Research Act 1985. Sub-section 6(2) of the Act further provides the mechanism for the Governor-General to set the level of the levy for either marketing or research purposes, taking into account recommendations made by the Australian Egg Marketing Council. The rates recommended by the Council for marketing and research are 4.9 cents and 0.1 cents respectively, effective from 1 April 1986.
The obligations imposed by these regulations require the Poultry Industry Levy to be divided into two distinct components starting from the specified date. The Australian Egg Marketing Council must recommend the rates of levy to the Minister for Primary Industry, and these rates must be adhered to in the setting of the levy. The Governor-General, in making the regulations, must ensure that the rates do not exceed the amounts last recommended by the Council. Additionally, the regulations mandate the repeal of the existing single rate of hen levy and the implementation of the new component rates from 1 April 1986.
Failure to comply with the provisions of these regulations can result in legal consequences. Although specific offences, penalties, or consequences are not detailed in the explanatory statement, under the Poultry Industry Levy Act 1965, non-compliance with levy regulations can lead to civil and criminal penalties. Typically, such penalties may include fines or other sanctions as prescribed by the Act. The exact nature and severity of these penalties would depend on the specific breaches and the judicial interpretation of the regulations in context. It is essential for all parties governed by these regulations to adhere strictly to the prescribed rates and obligations to avoid any potential penalties or legal ramifications.