Poultry Industry Levy Regulations (Amendment)

Overview

The Poultry Industry Levy Regulations 1966 were enacted to address the need for precise regulation of the levy imposed on the poultry industry, particularly concerning the levy on hens. These regulations were made under the authority of the Poultry Industry Levy Act 1965, which provides for the imposition of a levy on the poultry industry. The policy objective was to ensure that the rate of the levy was set in accordance with recommendations from the Council of Egg Marketing Authorities of Australia, thereby maintaining a balanced approach to the financial contributions required from the industry. The regulations reflect the Council's recommendation that the levy rate should be set at Three and one-half cents per hen, as opposed to the previous rate of Two and four-fifths cents, effective from 13 July 1966.

Scope and Application

The Poultry Industry Levy Regulations 1966, made under the Poultry Industry Levy Act 1965, apply to the imposition of a levy on the poultry industry, specifically targeting the rate of levy imposed per hen. These regulations are designed to provide a framework for the collection of funds intended to support activities within the poultry industry, including egg marketing, and are applicable to any entities involved in the poultry and egg production sectors within the Commonwealth of Australia. The specified levy rate of three and a half cents per hen, as recommended by the Council of Egg Marketing Authorities of Australia and endorsed by the Minister, is subject to amendment and is effective as of 13 July 1966. These regulations do not specify any exclusions, exemptions, or thresholds beyond the prescribed levy rate, and any further details or modifications to the application of the levy would be determined through subsequent subordinate instruments or regulations.

Key Provisions

The statutory rules of 1966 No. 107, which are regulations made under the Poultry Industry Levy Act 1965, primarily serve to amend the prescribed rate of the levy imposed on hens. Specifically, Regulation 2 of the Poultry Industry Levy Regulations is altered to reflect a new rate. The old rate of "Two and four-fifths cents" per hen is replaced with a new rate of "Three and one-half cents" per hen (Reg. 2). These regulations are set to take effect from the thirteenth day of July, 1966 (Reg. 1). The obligations and requirements imposed by these regulations are straightforward. They mandate that the rate of the poultry industry levy must be adjusted to the new amount specified. Entities involved in the poultry industry, such as farmers and processors, must ensure that they comply with this updated rate when making payments. The regulations also emphasize the importance of the recommendation from the Council of Egg Marketing Authorities of Australia, which must be taken into consideration before any new rate is set. This recommendation process ensures that the rate is based on current industry standards and market conditions. In terms of consequences for non-compliance, the regulations themselves do not explicitly detail offences, penalties, or consequences for breaches. However, the underlying Act, the Poultry Industry Levy Act 1965, likely contains provisions that address such matters. Generally, failure to comply with a levy regulation could result in fines or other penalties as prescribed by the Act. The precise penalties would be determined based on the severity of the breach and any relevant guidelines or case law interpreting the Act.