Statutory Rules
1977 No. 54
REGULATION UNDER THE POULTRY INDUSTRY LEVY ACT 1965.*
WHEREAS it is provided by sub-section 6 (1) of the Poultry Industry Levy Act 1965 that the rate of levy imposed by that Act is such amount in respect of each hen as is prescribed:
AND WHEREAS it is provided by sub-section 6 (2) of that Act 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 Council of Egg Marketing Authorities of Australia, and that 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 4 cents in respect of each hen in the case of the levy imposed on a prescribed day other than one of the last 4 prescribed days before 1 July 1977, and a rate of 2 cents in respect of each hen in the case of the levy imposed on each of those 4 prescribed days.
NOW THEREFORE I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and after taking into consideration the recommendations with respect to the rate of levy made to the Minister by The Council of Egg Marketing Authorities of Australia, hereby make the following Regulation under the Poultry Industry Levy Act 1965.
Dated this twenty-first day of April, 1977.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
IAN SINCLAIR
Minister of State for Primary Industry.
Amendment of the Poultry Industry Levy Regulations†
Regulation 3 of the Poultry Industry Levy Regulations is repealed and the following regulation substituted:—
Prescribed amount of levy.
“ 3. (1) Subject to sub-regulation (2), for the purposes of sub-section 6 (1) of the Act the rate of the levy imposed by section 5 of the Act on each prescribed day in respect of hens kept for commercial purposes on that day is the amount of 4 cents in respect of each hen.
“ (2) The rate of the levy on each of the last 4 prescribed days before 1 July 1977 is the amount of 2 cents in respect of each hen.”.
* Notified in the Australian Government Gazette on 28 April 1977.
† 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; 1970, No. 73; and 1971, No. 62.
Overview
Statutory Rules 1977 No. 54, under the Poultry Industry Levy Act 1965, was enacted to address the need for consistent and regulated rates of levy in the poultry industry. The enactment was carried out by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and taking into account the recommendations made by The Council of Egg Marketing Authorities of Australia. The objective of this regulation was to establish a rate of levy for hens kept for commercial purposes, ensuring alignment with the recommendations provided by the Council, and thereby maintaining a stable and predictable financial framework for the industry. The regulation specifically set a rate of 4 cents for each hen on prescribed days, except for the last four prescribed days before 1 July 1977, where the rate was set at 2 cents per hen.
Scope and Application
The Statutory Rules 1977 No. 54, made under the Poultry Industry Levy Act 1965, primarily governs the imposition of a levy on hens kept for commercial purposes in Australia. This legislation applies to entities or individuals involved in the commercial poultry industry, specifically those keeping hens for purposes such as egg production. The regulations determine the rate of the levy, which is set at 4 cents per hen for prescribed days excluding the last four days before 1 July each year, and 2 cents per hen for each of those final four days. The scope of this Act is confined to the Commonwealth of Australia, and it is implemented through subordinate instruments that specify the levy rates as recommended by The Council of Egg Marketing Authorities of Australia. The Act does not explicitly mention exclusions or exemptions, but it operates within the framework set by the Poultry Industry Levy Act 1965 and its preceding regulations.
Key Provisions
The regulation modifies the Poultry Industry Levy Regulations under the Poultry Industry Levy Act 1965. Specifically, regulation 3 is repealed and replaced with a new regulation that sets the prescribed amount of the levy for hens kept for commercial purposes. This new regulation stipulates that, on each prescribed day, the rate of the levy is 4 cents per hen, except for the last four prescribed days before 1 July 1977, when the rate drops to 2 cents per hen. These rates were recommended by The Council of Egg Marketing Authorities of Australia and considered by the Governor-General before the regulation was made.
Entities and individuals governed by this Act, particularly those involved in the commercial poultry industry, must adhere to these new levy rates. This means that for any hens kept for commercial purposes on prescribed days, they must account for the correct levy rate as outlined in the regulation. This requirement extends to accurately reporting and paying the appropriate levy amount to the relevant authorities.
Failure to comply with the new levy rates can result in legal consequences. While the specific penalties for non-compliance are not detailed in this regulation, breaches of similar legislative requirements under the Poultry Industry Levy Act 1965 could lead to fines or other legal actions. The exact penalties would depend on the specific circumstances of the breach and any relevant provisions in the Act or related laws. It is therefore imperative for those affected to ensure they are fully aware of and comply with the new levy rates to avoid any potential penalties.