Statutory Rules
1979 No. 94
REGULATIONS UNDER THE POULTRY INDUSTRY LEVY ACT 19651
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 7 cents in respect of each hen for each prescribed day on or after 1 July 1979:
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 recommendation with respect to the rate of levy made to the Minister by The Council of Egg Marketing Authorities of Australia, hereby make the following Regulations under the Poultry Industry Levy Act 1965.
Dated this twenty-eighth day of June 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
IAN SINCLAIR
Minister of State for Primary Industry
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AMENDMENT OF THE POULTRY INDUSTRY LEVY REGULATIONS2
1. Regulation 3 of the Poultry Industry Levy Regulations is repealed and the following regulation substituted:
Prescribed amount of levy
“3. 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 7 cents in respect of each hen.”.
Commencement
2. Regulation 1 shall come into operation on 1 July 1979.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 29 June 1979.
2. 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; 1971 No. 62; 1977 No. 54; and 1978 No. 64.
Overview
Statutory Rules 1979 No. 94, the Regulations Under the Poultry Industry Levy Act 1965, were enacted in 1979 to provide for the imposition of a levy on hens kept for commercial purposes. The problem or gap this legislation aimed to address was the need for a prescribed rate of levy for hens, taking into consideration recommendations from The Council of Egg Marketing Authorities of Australia. The enacting body was the Governor-General of the Commonwealth of Australia, acting on advice from the Federal Executive Council, and the policy objective was to set a rate of 7 cents per hen per prescribed day, as recommended by the Council. This regulation ensures that the rate of levy is consistent with the latest recommendations, thereby maintaining fairness and predictability in the poultry industry.
Scope and Application
The Poultry Industry Levy Act 1965 applies to entities involved in the commercial keeping of hens in Australia, imposing a levy on each hen for each prescribed day. The act mandates the rate of this levy based on recommendations from the Council of Egg Marketing Authorities of Australia, which was set at 7 cents per hen per day as of 1 July 1979, as per the regulations made under this act. These regulations also outline the commencement date for the updated rate, ensuring that the act's provisions are implemented effectively and consistently across the industry. The act's jurisdiction is national, applying uniformly across Australia, and it does not specify exclusions or exemptions, indicating that all entities involved in commercial hen keeping are subject to the levy. The regulations, which are subordinate instruments to the act, provide further detail on the implementation and application of the levy, ensuring that the act’s provisions are carried out as intended.
Key Provisions
The primary operative section of the Poultry Industry Levy Regulations 1979 (No. 94) is Regulation 3 (subsection 6(1) of the Act). This regulation stipulates that, for each hen kept for commercial purposes, a levy of 7 cents will be imposed on each prescribed day. This levy applies to hens on or after 1 July 1979. The regulation is designed to align with the rate of levy recommended by The Council of Egg Marketing Authorities of Australia and approved by the Governor-General, as required by the Poultry Industry Levy Act 1965.
The regulations impose several obligations on parties governed by the Act. Firstly, they require that the levy of 7 cents per hen per day be collected from those keeping hens for commercial purposes. This levy must be paid for each hen on every prescribed day, starting from 1 July 1979. Additionally, the regulations mandate that any changes to the levy rate must be in accordance with recommendations made by The Council of Egg Marketing Authorities of Australia and approved by the Governor-General, ensuring that the rate does not exceed the most recent recommendation.
The Poultry Industry Levy Regulations 1979 (No. 94) do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, non-compliance with the levy requirements or failure to pay the prescribed levy could potentially lead to legal actions under the Poultry Industry Levy Act 1965. While the specific penalties are not detailed within these regulations, they might be addressed in other related legislation or through the enforcement mechanisms provided by the overarching Act.