Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]


PRIMARY INDUSTRIES (EXCISE) LEVIES AMENDMENT (LAYING CHICKENS AND MEAT CHICKENS) REGULATION 2015 (SLI NO 2 OF 2015)

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

 

 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback