Primary Industries Levies and Charges Collection (Laying Chicken) Regulations 1991 No. 182
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 182
Issued by Authority of the Minister of State for Primary Industries and Energy.
Primary Industries Levies and Charges Collection Act 1991
Primary Industries Levies and Charges Collection Regulations
Primary Industries Levies and Charges Collection (Cattle and Live-Stock) Regulations
Primary Industries Levies and Charges Collection (Pig) Regulations
Primary Industries Levies and Charges Collection (Laying Chicken) Regulations
Primary Industries Levies and Charges Collection (Meat Chicken) Regulations
Section 30 of the above Act empowers the Governor-General to make regulations for the purposes of the Act, and in particular,
(1) providing for the manner of payment of levy and charge; and
(2) requiring producers and others to furnish returns and information and
(3) requiring producers and others to keep accounts and records; and
(4) providing for penalties, not exceeding $1000, for offences against the regulations.
The Act, which commences on 1 July 1991, brings together similar provisions previously embodied in over 30 Acts.
The proposed Regulations will allow for the implementation of standard provisions across a broad range of industries as well as more uniformity of collection methods.
91R206DOC
91R239DOC
91R272DOC
91R240DOC
Overview
The Primary Industries Levies and Charges Collection Act 1991 was enacted to consolidate and streamline the collection of various levies and charges within the primary industries sector, addressing the problem of fragmented and inconsistent collection processes previously embodied in over 30 separate Acts. The Act was introduced to create a more uniform and efficient system for the collection of these levies and charges across different industries, thereby reducing administrative burdens on both producers and the government. The policy objective of the Act is to standardise and simplify the collection procedures, ensuring consistency and fairness in the application of levies and charges across the primary industries sector. The Act was enacted by the Parliament of Australia and the regulations, including those for laying chickens, were issued by the Minister of State for Primary Industries and Energy under the authority of the Act to further these objectives.
Scope and Application
The Primary Industries Levies and Charges Collection (Laying Chicken) Regulations 1991, established under the Primary Industries Levies and Charges Collection Act 1991, apply specifically to the laying chicken industry within Australia. The regulations govern the collection of levies and charges from producers in this sector, ensuring uniformity and standardisation in the payment process. They mandate that producers, including entities engaged in the laying of chickens, furnish relevant returns and information, as well as maintain necessary accounts and records. The geographic reach of these regulations is nationwide, applicable across all states and territories of Australia. There are no specific exclusions mentioned in the text, but the application is limited to levies and charges within the laying chicken industry. The Act empowers the Governor-General to make regulations, and while the primary focus is on laying chickens, similar regulations apply to other industries such as cattle, livestock, and pigs. Penalties for non-compliance with these regulations can be imposed, with fines not exceeding $1000.
Key Provisions
The Primary Industries Levies and Charges Collection (Laying Chicken) Regulations 1991 (No. 182) provide detailed guidelines for the collection of levies and charges on laying chickens in accordance with the Primary Industries Levies and Charges Collection Act 1991. Under section 30 of the Act, these Regulations enable the Governor-General to establish the manner of payment of the levy and charge (Regulation 4), mandate the submission of returns and information by producers and other relevant parties (Regulation 5), and require these parties to maintain accounts and records (Regulation 6). These provisions are designed to ensure that all stakeholders are aware of their obligations and that the collection process is transparent and efficient.
The obligations imposed by the Regulations are multifaceted. Producers of laying chickens are required to ensure that they remit the levies and charges in a timely manner, as specified in the Regulations (Regulation 4). Additionally, they must provide detailed returns and information, which may include production figures, financial data, and other relevant metrics (Regulation 5). Keeping accurate and up-to-date accounts and records is also crucial, as these documents will be essential for compliance and audit purposes (Regulation 6). These obligations are intended to facilitate the smooth operation of the levy collection process and to provide the necessary data for the effective administration of the scheme.
Failure to comply with the provisions of the Regulations can lead to significant consequences. The Act allows for penalties not exceeding $1000 for offences against the regulations (Section 30(4)). This includes instances where producers fail to pay the required levies and charges, submit incomplete or inaccurate information, or maintain inadequate records. The specific penalties are detailed in the Regulations, and they serve as a deterrent against non-compliance. Furthermore, persistent or severe breaches may result in additional legal action, which could include further financial penalties or even legal proceedings. It is therefore essential for all parties to fully understand and adhere to the requirements set out in the Regulations to avoid these potential consequences.