Egg Industry (Amendment) Act 1979 (ACT)

N o . 4 3 of 1979

An Ordinance to amend the Egg Industry Ordinance 1975

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated this twelfth day of December 1979.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

R. ELLICOTT

Minister of State for the Capital Territory

EGG INDUSTRY ( A M E N D M E N T ) ORDINANCE 1979

1. This Ordinance may be cited as the Egg Industry (Amendment)

Ordinance 1979.'

2. In this Ordinance, "Principal Ordinance" means the Egg Industry

Ordinance 1975. 2

Ordinance 1962;";

3. (1) Sections 1, 2, 3 and 15 shall come into operation on the date on which this Ordinance is notified in the Gazette.

(2) The remaining sections of this Ordinance shall come into oper­ ation on such date as is, or on such dates as respectively are, fixed by the Minister of State for the Capital Territory by notice published in the Gazette.

4. Section 3 of the Principal Ordinance is amended—

(a) by omitting from sub-section (1) the definition of " c o m p a n y " and substituting the following definition:

" ' company ' means a body corporate that is a company or
foreign company within the meaning of the Companies

(b) by omitting from sub-section (1) the definition of "related cor­ pora t ion" and substituting the following definition:

" 'pullet ' means a female domesticated fowl that is less than 6

months old;" ;

(c) by adding at the end of sub-section (1) the following definition:

" 'Tr ibunal ' means the Administrative Appeals Tribunal es­

tablished by the Administrative	Appeals Tribunal Act
1975.";

(d)	by omitting sub-sections (2) and (3); and
(e)	by inserting in sub-section (4) "o r pul lets" after "hens" .

5. Section 7 of the Principal Ordinance is amended—

(a) by inserting after sub-section (1) the following sub-section:

" (1 A) An inspector may, in the course of an inspection under sub-section (1)—

(a)	search for, and count, any hens or pullets on the land or premises; and
(b)	do any other act reasonably required for the purpose of ascertaining whether hens or pullets are kept in accord­ ance with this Ordinance on the land or premises."; and

(b) by omitting from sub-section (5) "$200" and substituting " $ 5 0 0 " .

6. Section 8 of the Principal Ordinance is amended—

(a) by omitting sub-sections (1) and (2) and substituting the fol­ lowing sub-sections:

" ( 1 ) A person, not being a licensee, who keeps more than 200 hens is guilty of an offence punishable, on conviction, by a fine not exceeding $ 1,500.

" ( 2 ) A licensee who keeps a number of hens in excess of the number of hens specified in his licence is guilty of an offence
punishable, on conviction, by a fine not exceeding $1,500."; and

(b) by omitting from sub-section (3) "$500" and substituting "$1 ,000" .

7. Section 13 of the Principal Ordinance is amended by omitting

sub-sections (2) , (3) and (4).

8. Section 16 of the Principal Ordinance is amended—

(a)	by omitting from paragraph (a) of sub-section ( 6 ) " , not being a corporation";
(b )	by omitting from paragraph (a) of sub-section (7) " , not being a corporation"; and

(c) by omitting sub-section (11).

9. Section 17 of the Principal Ordinance is amended by omitting from paragraph (c) of sub-section (4) " c o m p a n y " and substituting "body corporate".

10. Section 18 of the Principal Ordinance is amended by omitting from sub-section (1) "commits an offence against this Ordinance or commits" and substituting "is convicted of an offence against this Ordi­ nance or of".

11. Section 19 of the Principal Ordinance is repealed and the follow­ ing section substituted:

"19 . Application may be made to the Tribunal for a review of—

(a)	a decision of the Egg Industry Officer, otherwise than in pursuance of section 20, refusing to grant, cancelling or varying a licence; or
(b )	a decision of the Minister giving, or refusing to give, a direction
under sub-section 2 0 ( 2 ) . " .

12. Section 20 of the Principal Ordinance is amended—

(a)	by omitting from paragraph (a) of sub-section (1) " o r " ;
(b )	by adding at the end of sub-section (1) the following word and paragraph:

" ; or (c) vary the licence by substituting for the description of the parcel of land specified in the licence a description of another parcel of land specified by the licensee in the request."; and

(c)	by inserting in paragraph (c) of sub-section (4) "and in tends" after "would be ab le" .
13. Section 21 of the Principal Ordinance is repealed.

14. Section 25 of the Principal Ordinance is repealed and the follow­ ing section substituted:

" 2 5 . A licensee that is a company limited by shares shall, before the expiration of the period of 12 months commencing on the date of com­ mencement of this section, or on the date on which the company be­ comes a licensee, whichever is the later, and thereafter at intervals of not more than 12 months, give to the Egg Industry Officer a notice in writing setting out the name and address of each person who was a shareholder of the company on a specified date, being a date not earlier than 1 month before the date on which the notice is given to the Egg Industry Officer.

Penalty:  $500." .

15. Section 26 of the Principal Ordinance is amended by adding at

the end thereof the following sub-section:

" ( 2 ) Without limiting the generality of sub-section (1), the regu­

lations may make provision—

(a )	requiring persons to make and keep records in relation to hens and pullets kept by those persons;
(b )	requiring persons to furnish to the Egg Industry Officer returns and information in relation to hens and pullets kept by those persons; and
(c)	prescribing penalties not exceeding a fine of $200 for offences against the regulations.' ' .

NOTES

1. Notified in the Commonwealth of Australia Gazette on 18 December 1979.

2. Ordinance No. 44, 1975.