EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO 142
Issued by the Authority of the Minister for Primary Industry
POULTRY INDUSTRY LEVY ACT 1965
POULTRY INDUSTRY LEVY REGULATIONS (AMENDMENT)
Levy imposed, fortnightly, by the Poultry Industry Levy Act 1965 on hens is paid by egg producers to support assistance and research activities. The Act provides for division of the levy into corresponding components and for the level of each to be prescribed by regulation.
Sub-section 6(2) of the Act provides that the Governor-General before making any regulations setting the level of levy, for either purpose, shall take into consideration any recommendations made to the Minister for Primary Industry by the Australian Egg Marketing Council (the Council). The rate of levy for either purpose cannot be set at a rate in excess of the amount last recommended to the Minister by the Council.
The Council has recommended to the Minister that the rates of levy be set at 2.375 cents and 0.125 cents, respectively, for assistance and research effective 1 July 1986. The Minister has agreed with these recommendations which effectively halve the current total rate (5.0 cents) of levy imposed but provide for an increase in the research component. Present component rates are 4.9 cents for assistance and 0.1 cents for research.
Overview
The Poultry Industry Levy Act 1965, enacted by the Australian Parliament, was introduced to address the need for financial support for assistance and research activities within the poultry industry. This legislation imposes a fortnightly levy on hens, collected from egg producers, which is then used to fund various initiatives. The Act allows for the division of the levy into distinct components for assistance and research, with the specific rates of each component to be prescribed by regulation. A notable feature of the Act is that it mandates the Governor-General, before setting the levy rates, to consider recommendations from the Australian Egg Marketing Council. Furthermore, the Act stipulates that the levy rates cannot exceed the most recent recommendations made by the Council to the Minister for Primary Industry. This regulatory framework ensures that the industry's financial contributions are both structured and responsive to the needs and recommendations of industry stakeholders.
Scope and Application
The Poultry Industry Levy Act 1965, as amended by the Poultry Industry Levy Regulations (Amendment) Statutory Rules 1986 No 142, applies to all egg producers in Australia, imposing a fortnightly levy on hens to fund assistance and research activities within the poultry industry. This levy is a crucial mechanism to support the industry's ongoing development and sustainability. The Act specifies that the Governor-General, when setting the levy rates, must consider recommendations from the Australian Egg Marketing Council. The current rates, effective from 1 July 1986, are 2.375 cents for assistance and 0.125 cents for research, following the Council's recommendations and the Minister's approval. These rates represent a significant reduction from the previous total rate of 5.0 cents, although with an increase in the research component. The Act’s jurisdiction extends across the Commonwealth, ensuring a unified approach to industry support and development.
Key Provisions
The Poultry Industry Levy Act 1965 (sections 2 and 6) mandates a fortnightly levy on hens, which is paid by egg producers. This levy is intended to support assistance and research activities within the poultry industry. Section 6(2) of the Act specifies that before setting the level of the levy for either purpose, the Governor-General must consider any recommendations made by the Australian Egg Marketing Council to the Minister for Primary Industry. Moreover, the levy rate cannot exceed the most recent recommendation by the Council.
In practical terms, this means that egg producers must remit the prescribed amount of levy every two weeks. The Act allows for the division of the levy into distinct components: one for assistance and the other for research. The rates for these components are to be determined by regulation and must be in line with the Council's recommendations. For example, as of 1 July 1986, the Council recommended the assistance component be set at 2.375 cents and the research component at 0.125 cents, which were subsequently adopted by the Minister. This decision effectively halved the total rate of the levy from 5.0 cents to 2.5 cents but increased the research component from 0.1 cents to 0.125 cents.
The Act imposes several obligations on the parties involved. Egg producers must ensure timely and accurate payment of the levy as stipulated. The Minister for Primary Industry is required to consult with the Australian Egg Marketing Council before making any regulatory decisions regarding the levy rates. The Governor-General must also take into account the Council's recommendations before approving any changes to the levy rates.
Non-compliance with the provisions of the Poultry Industry Levy Act 1965 may result in various consequences. Although specific penalties are not detailed in the explanatory statement, breaches of such legislative requirements could lead to legal action under other relevant laws. The Act may also empower regulatory authorities to take enforcement actions, including fines or other penalties as prescribed by law. The seriousness of the breach and the specific regulations in place would determine the exact nature and extent of any penalties or consequences.