STATUTORY RULES
1968 No.
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REGULATIONS UNDER THE POULTRY INDUSTRY LEVY ACT 1965-1966*
WHEREAS it is enacted by section 6 of the Poultry Industry Levy Act 19651966 that the rate of the levy imposed by that Act is such amount in respect of each hen as is prescribed:
AND WHEREAS it is also enacted by 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 The Council of Egg Marketing Authorities of Australia 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, 1968, 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 of 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 ninth day of May, 1968.
CASEY
Governor-General.
By His Excellency’s Command,
Minister of State for Primary Industry.
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Amendment of the Poultry Industry Levy Regulations†
Commencement
1. These Regulations shall come into operation on the twelfth day of June 1968.
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 Regulation 3 of the Poultry Industry Levy Regulations is repealed and the following regulation inserted in its stead:—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 commencement of this regulation and before the first day of July, 1968—Two cents; and
(b) in the case of levy imposed on or after the first day of July, 1968—Four cents.”.
* Notified in the Commonwealth Gazette on , 1968.
† Statutory Rules 1965, No. 78 as amended by Statutory Rules 1966, Nos. 8 and 107; and Statutory Rules 1967, Nos. 32, 84 and 127.
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By Authority: A. J. Arthur, Cwlth Govt Printer. Canberra
16055/68—Price 5c 10/30.4 1968
Overview
The Poultry Industry Levy Regulations 1968, issued under the Poultry Industry Levy Act 1965-1966, were enacted to establish and adjust the rates of the levy on poultry products in response to recommendations from the Council of Egg Marketing Authorities of Australia. This legislative instrument was introduced to provide a structured and regulated framework for the financial contributions required from the poultry industry. The objective, as stated in the Act, is to ensure that the levy rates are set in accordance with recommendations from industry stakeholders, which helps in maintaining fairness and sustainability within the sector. The Regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council and the recommendations of the Council of Egg Marketing Authorities of Australia, reflecting a policy to balance industry input with regulatory oversight.
Scope and Application
The Poultry Industry Levy Regulations 1968, made under the Poultry Industry Levy Act 1965-1966, apply to the levy imposed on hens within the poultry industry across the Commonwealth of Australia. The regulations specify the amount of the levy in respect of each hen, taking into consideration recommendations made by the Council of Egg Marketing Authorities of Australia to the Minister. The regulations stipulate a levy rate of two cents per hen for levies imposed before 1 July 1968, and four cents per hen for levies imposed on or after this date. These regulations amend previous Poultry Industry Levy Regulations by repealing and replacing the existing rate with the newly prescribed rates, ensuring compliance with the legislative framework governing the poultry industry and the imposition of levies.
Key Provisions
The key operative sections of these Regulations under the Poultry Industry Levy Act 1965-1966 are found in section 2, which specifies the commencement date of the Regulations, and in section 3, which outlines the prescribed amount of the levy. Section 2 states that the Regulations will come into operation on 12 June 1968, while section 3 specifies the levy amount for each hen. For levies imposed between the commencement date and 30 June 1968, the levy is set at two cents per hen. For levies imposed after 1 July 1968, the levy is increased to four cents per hen.
These Regulations impose specific obligations on the parties governed by them, primarily those involved in the poultry industry. They are required to adhere to the prescribed levy rates as outlined in section 3. This includes anyone involved in the production, processing, or sale of poultry products who must ensure that the appropriate levy is applied and collected according to the specified rates. These obligations are designed to ensure that the financial contributions to the poultry industry are accurately calculated and managed.
The Regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance within the text provided. However, under the Poultry Industry Levy Act 1965-1966, there are likely provisions that address breaches of the Act and its Regulations. Typically, failure to comply with such legislative requirements could result in fines or other penalties as prescribed by the Act. The exact nature and extent of these penalties would be detailed in the primary Act itself, not in these Regulations. Given the context, it is prudent for entities within the poultry industry to ensure strict adherence to the prescribed levy rates to avoid any potential repercussions.