STATUTORY RULES
1971 No.
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, 1971, 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 thirteenth day of May 1971.
Paul Hasluck
Governor-General.
By His Excellency's Command,
(SGD.) IAN SINCLAIR
Minister of State for Primary Industry.
Amendment of the Poultry Industry Levy Regulations†
Commencement.
1. These Regulations shall come into operation on the ninth day of June, 1971.
2. Regulation 3 of the Poultry Industry Levy Regulations is repealed and the following regulation inserted in its stead:—
Prescribed 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, 1971—Two cents; and
(b) in the case of levy imposed on or after the first day of July, 1971—Four cents.”.
* Notified in the Commonwealth Gazette on 1971.
† Statutory Rules 1965, No. 78. as amended by Statutory Rules 1966, Nos. 8 and 107; 1967, Nos. 32, 84 and 127; 1968, No. 59; 1969, No. 82; and 1970, No. 73.
Printed by Authority by the Government Printer of the Commonwealth of Australia
13453/71—Price 5c 10/7.4.1971
Overview
The Statutory Rules 1971 No. Regulations under the Poultry Industry Levy Act 1965-1966 were enacted to address the need for adjusting the levy rate for the poultry industry in Australia. This legislative instrument was introduced to provide a mechanism for setting the levy rate on hens, ensuring that it aligns with the recommendations of The Council of Egg Marketing Authorities of Australia. The enactment was authorised by the Governor-General, acting on advice from the Federal Executive Council, and considers the latest recommendation from the Council. The primary objective of these regulations is to maintain a fair and consistent levy rate that reflects market conditions and industry recommendations, ensuring that the levy does not exceed the rate last recommended by the Council. These regulations came into operation on 9 June 1971, setting the levy rate at two cents per hen until 30 June 1971 and four cents thereafter.
Scope and Application
The Poultry Industry Levy Regulations 1971, made under the Poultry Industry Levy Act 1965-1966, apply to entities involved in the poultry industry within the Commonwealth of Australia. These regulations primarily concern the imposition of a levy on each hen, with the specific rate varying depending on the timing of the levy within the financial year. The regulations set the levy at two cents per hen for levies imposed before the first day of July 1971, and at four cents per hen for levies imposed on or after this date. The regulations also note that the Governor-General must consider recommendations from The Council of Egg Marketing Authorities of Australia before prescribing the levy rate, with the rate not exceeding the last recommendation made to the Minister by the Council. These regulations are designed to implement the legislative framework established by the Poultry Industry Levy Act and ensure compliance with the specified levy rates.
Key Provisions
The Poultry Industry Levy Regulations 1971 (C1971L00062) amend the existing regulations under the Poultry Industry Levy Act 1965-1966. Regulation 3, which sets the amount of the levy for each hen, is amended to reflect new rates. Specifically, the amendment specifies that the levy is set at Two cents per hen for the period from the commencement of the regulation until June 30, 1971, and Four cents per hen thereafter (section 3(a) and (b)). This regulation comes into effect on June 9, 1971, and supersedes the previous regulation concerning the prescribed amount of the levy.
These regulations impose specific obligations on entities involved in the poultry industry, particularly those subject to the levy. They must comply with the new rates set out in the amended Regulation 3. This means that during the specified period, they must pay Two cents per hen and Four cents per hen after July 1, 1971. Compliance involves accurately calculating the levy based on the number of hens and ensuring timely payment according to the prescribed rates.
Breach of these regulations could potentially result in legal consequences. Although the specific penalties are not detailed within these regulations, under the Poultry Industry Levy Act 1965-1966, failure to comply with the levy requirements could lead to fines or other civil or criminal penalties as stipulated by the Act. The exact penalties would depend on the nature and extent of the breach, and could be pursued through the courts or by the relevant enforcement authorities.