Primary Industries (Excise) Levies Amendment (Laying Chickens and Meat Chickens) Regulation 2015

Administered by Department of Agriculture

Legislation au F2015L00147 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument No. 2, 2015

 

Issued by Authority of the Minister for Agriculture

 

Primary Industries (Excise) Levies Act 1999

 

Primary Industries (Excise) Levies Amendment (Laying Chickens and

Meat Chickens) Regulation 2015

 

 

Legislative Authority

Section 8 of the Primary Industries (Excise) Levies Act 1999 (Levies Act), provides that the Governor-General may make regulations prescribing matters required or permitted by that Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to that Act.

 

Schedule 27 of the Levies Act provides that regulations may impose levies on produce of a primary industry in Australia, set the rate of the levies and identify the person liable to pay the levy.

 

Clause 2 of Schedule 16 to the Primary Industries (Excise) Levies Regulations 1999 (Levies Regulations) provides an Emergency Animal Disease Response (EADR) levy is imposed on laying chickens.

 

Clause 2 of Schedule 19 to the Levies Regulations provides that an EADR levy is imposed on meat chickens.

 

Purpose

The purpose of the Primary Industries (Excise) Levies Amendment (Laying Chickens and Meat Chickens) Regulation 2015 (Amendment Regulation) is to:

  • increase the EADR levy for laying chickens from nil to 1.4 cents per day-old chick; and
  • increase the EADR levy for meat chickens from nil to 0.03 of a cent per day-old chick.

 

Background

The Levies Act authorises the imposition of primary industries levies that are duties of excise. Funds raised by imposition of the levies are distributed to research, marketing and industry bodies for each primary industry commodity or class of commodities. Levies are also imposed on a number of animal products to fund national EADR activities.

 

The peak industry bodies for chicken producers, the Australian Chicken Meat Federation (ACMF) and Australian Egg Corporation Limited (AECL), are signatories to the EADR Agreement, a legally binding agreement between the Commonwealth, state and territory governments, Animal Health Australia and industry, for the management and funding of emergency animal disease incursions.

 

Levies imposed by the peak industry bodies provide a mechanism for industry to meet its financial obligations for national cost-shared emergency responses under that agreement, if the need arises. The ACMF and AECL requested the increase to the EADR levies on meat chickens and laying chickens, in order to repay costs which were paid on the industries’ behalf for seven emergency responses to Avian Influenza.

 

Impact and Effect

The funds raised will be used to repay $1.85 million to the Australian Government for costs paid on the industries’ behalf in relation to seven emergency responses to Avian Influenza.

Timely implementation of these increases will allow repayment to the government and avoid additional interest cost to industry.

 

The levy proposals meet the requirements of the Australian Government Levy Principles and Guidelines, and include a plan to review the levies once the industries’ liabilities have been fully met.

 

Consultation

ACMF and AECL contacted levy payers regarding the proposed levies and the majority of members of both industry groups supported the proposals. In addition, AECL consulted state-based industry representative bodies which represent egg producers, and all six state-based associations were in support of the proposal to introduce the laying chickens levy.

 

The Department of the Treasury confirmed costings undertaken by the Department of Agriculture (Department) for the proposals and that the changes will have no net impact on the Budget.

 

The Department consulted with the Office of Parliamentary Counsel in the drafting of the amendments, and the Office of Best Practice Regulation has advised that regulation impact statements are not required (IDs 17512 and 17529).

 

The Amendment Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Amendment Regulation is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in the Attachment.

 

Details of the Primary Industries (Excise) Levies Amendment (Laying Chickens and Meat Chickens) Regulation 2015

 

Section 1 – Name

This section provides that the name of the Amendment Regulation is the Primary Industries (Excise) Levies Amendment (Laying Chickens and Meat Chickens) Regulation 2015.

 

Section 2 – Commencement

This section provides for the Amendment Regulation to commence on 1 April 2015.

 

Section 3 – Authority

This section provides that the Amendment Regulation is made under the Primary Industries (Excise) Levies Act 1999.

 

 

 

Section 4 – Schedule

This section provides for each instrument specified in a Schedule to the Amendment Regulation to be amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1 – Amendments

 

Item 1 increases the rate of the EADR levy imposed on laying chickens by subclause 2(2) of Schedule 16 to the Regulation from nil to 1.4 cents per day-old chick.

 

Item 2 increases the rate of the EADR levy imposed on meat chickens by subclause 2(2) of Schedule 19 to the Regulation from nil to 0.03 of a cent per day-old chick.

 


Attachment

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Primary Industries (Excise) Levies Amendment (Laying Chickens

and Meat Chickens) Regulation 2015

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

This Legislative Instrument amends the Primary Industries (Excise) Levies Regulations 1999 to activate the Emergency Animal Disease Response levy on producers of laying chickens and meat chickens in order to repay costs paid on their behalf by the Australian Government for emergency responses to Avian Influenza.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

The Hon. Barnaby Joyce MP

Minister for Agriculture

 

 

Overview

The Primary Industries (Excise) Levies Amendment (Laying Chickens and Meat Chickens) Regulation 2015 was enacted to address the financial liabilities incurred by the poultry industry in response to emergency animal disease outbreaks, specifically Avian Influenza. This regulation amends the Primary Industries (Excise) Levies Regulations 1999 under the authority of the Primary Industries (Excise) Levies Act 1999. The policy objective is to facilitate the poultry industry's repayment of costs associated with emergency animal disease responses, ensuring the industry meets its financial obligations under the Emergency Animal Disease Response Agreement. The increased levies on laying chickens and meat chickens are intended to cover the costs paid by the government for seven emergency responses to Avian Influenza, amounting to $1.85 million, and to prevent additional interest costs to the industry. The regulation was developed following consultations with the Australian Chicken Meat Federation, the Australian Egg Corporation Limited, and state-based industry representative bodies, all of which supported the proposed levy increases. The Department of the Treasury confirmed that the changes would not impact the Budget. The regulation is set to commence on 1 April 2015 and is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Primary Industries (Excise) Levies Amendment (Laying Chickens and Meat Chickens) Regulation 2015 amends the Primary Industries (Excise) Levies Regulations 1999 to impose an Emergency Animal Disease Response (EADR) levy on laying chickens and meat chickens in Australia. This amendment is made under the authority of the Primary Industries (Excise) Levies Act 1999, with the aim of raising funds to repay the Australian Government for costs incurred during emergency responses to Avian Influenza. The EADR levy is set at 1.4 cents per day-old chick for laying chickens and 0.03 of a cent per day-old chick for meat chickens. This Regulation applies to all entities involved in the production of laying chickens and meat chickens within Australia, and the funds collected will be used specifically for the purpose of meeting the financial obligations related to the EADR. The Amendment Regulation commenced on 1 April 2015, and the increased levies meet the Australian Government Levy Principles and Guidelines, with a review plan in place once the industries' liabilities are met.

Key Provisions

The Primary Industries (Excise) Levies Amendment (Laying Chickens and Meat Chickens) Regulation 2015 (Amendment Regulation) primarily introduces changes to the rates of the Emergency Animal Disease Response (EADR) levies on laying chickens and meat chickens, as set out in the Primary Industries (Excise) Levies Regulations 1999 (Levies Regulations). Specifically, Section 1 names the Regulation as the Primary Industries (Excise) Levies Amendment (Laying Chickens and Meat Chickens) Regulation 2015, and Section 2 specifies that it commences on 1 April 2015. Section 3 confirms that the Regulation is made under the Primary Industries (Excise) Levies Act 1999 (Levies Act). The Schedule to the Amendment Regulation makes specific amendments to the levies on laying chickens and meat chickens, increasing the EADR levy for laying chickens from nil to 1.4 cents per day-old chick (Item 1) and for meat chickens from nil to 0.03 of a cent per day-old chick (Item 2). Under the Amendment Regulation, producers of laying chickens and meat chickens will be required to pay the increased EADR levies, which are intended to fund national emergency animal disease response activities. These levies are imposed under the authority provided by Section 8 of the Levies Act and are detailed in Schedule 27 of the same Act, which outlines the process for setting and collecting such levies. The levies are intended to support research, marketing, and industry bodies for each primary industry commodity or class of commodities, as well as to fund national EADR activities. The Amendment Regulation imposes specific obligations on these producers to pay the new rates of the EADR levies, which will be collected by the relevant authorities as per the provisions in the Levies Regulations. The Amendment Regulation does not specify any new criminal or civil penalties for non-compliance with the increased EADR levies. However, failure to comply with the requirements to pay the levies could potentially lead to enforcement actions under the Levies Act, which might include fines or other legal consequences. The levies are imposed to ensure that the industry can meet its financial obligations for national cost-shared emergency responses, and non-compliance could result in the industry failing to meet these obligations, potentially leading to further government intervention or penalties as outlined in the broader Levies Act framework.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.