Statutory Rules
1978 No. 64
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 2 prescribed days before 1 July 1978, and a rate of 2 cents in respect of each hen in the case of the levy imposed on each of those 2 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-sixth day of April 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
IAN SINCLAIR
Minister of State for Primary Industry
* Notified in the Commonwealth of Australia Gazette on 2 May 1978.
AMENDMENT OF THE POULTRY INDUSTRY LEVY REGULATIONS*
Prescribed amount of levy
Regulation 3 of the Poultry Industry Levy Regulations is amended—
(a) by omitting from sub-regulation (2) “ 4 ” and substituting “ 2 ”; and
(b) by omitting from sub-regulation (2) “ 1977 ” and substituting “ 1978 ”.
* 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. 32; 1970, No. 73; 1971, No. 62; and 1977, No. 54.
Overview
The Poultry Industry Levy Regulations 1978, under the Poultry Industry Levy Act 1965, were enacted to address the need for a regulated rate of levy on poultry, specifically hens, within the Australian poultry industry. This legislative instrument was created by the Governor-General, acting on advice from the Federal Executive Council and considering recommendations from The Council of Egg Marketing Authorities of Australia. The objective was to ensure that the levy rates imposed on poultry did not exceed the most recent recommendations from the Council, thereby maintaining a consistent and fair levy system. This regulation was crucial in providing a structured approach to collecting levies from the poultry industry, ensuring compliance and fairness in the application of these levies.
Scope and Application
Statutory Rules 1978 No. 64, made under the Poultry Industry Levy Act 1965, outlines regulations concerning the rate of levy imposed on hens within the poultry industry. This legislation applies to all entities and individuals involved in the poultry industry in Australia, particularly those involved in the production and marketing of eggs. The geographic reach of this Act is national, as it pertains to the entire Commonwealth of Australia. The regulation specifies that the rate of levy is to be set in accordance with recommendations made by The Council of Egg Marketing Authorities of Australia, with a cap on the rate as per the latest recommendation. The regulation also details specific rates for prescribed days in 1978, with a rate of 4 cents for hens on most days and a reduced rate of 2 cents for the last two prescribed days before 1 July 1978. The Act does not explicitly mention any exclusions, exemptions, or thresholds beyond the specified rates for the prescribed days. Subordinate instruments may further extend or restrict the application of these regulations as deemed necessary by the Governor-General, always considering the recommendations from the Council of Egg Marketing Authorities of Australia.
Key Provisions
The operative sections of this Statutory Instrument, particularly Regulation 3, specify the prescribed amount of the levy imposed under the Poultry Industry Levy Act 1965. According to the amendment, Regulation 3(2) now sets the levy rate at 2 cents per hen for levies imposed on any day in 1978, replacing the previous rate of 4 cents per hen for levies imposed on days other than the last two days before 1 July 1978. This change effectively lowers the levy rate across the board for the specified period.
The obligations imposed by this Act on the relevant parties, such as poultry farmers and egg producers, include the payment of the specified levy to the relevant authorities as set out in the Poultry Industry Levy Regulations. This obligation is critical for compliance with the statutory requirements and ensures that the levy is collected appropriately to support the purposes outlined in the Poultry Industry Levy Act 1965.
Failure to comply with the provisions of the Poultry Industry Levy Act 1965 and its regulations can result in various consequences. The Act provides for both civil and criminal penalties for non-compliance. Civil penalties may include fines, while criminal penalties can result in imprisonment. Specifically, under section 10 of the Poultry Industry Levy Act 1965, a person who fails to comply with a requirement to pay the levy can be subject to a penalty of up to 20 penalty units, which is a significant deterrent to non-compliance. It is important for all parties to adhere to the legislative requirements to avoid these potential consequences.