Egg Industry Stabilisation Act 1971 (NSW)

EGG INDUSTRY STABILISATION ACT.

ANNO VICESIMO

ELIZABETHS II REGINiE

Act No. 74, 1971.

An Act to provide for the stabilisation of the egg industry; to provide for the constitution of a Poultry Farmer Licensing Committee and to define its powers, authorities, duties and functions; to provide for the taking of polls of poultry farmers prior to the formation and dissolution of the Licensing Committee; to provide for the licensing of poultry farmers; to provide for the imposition of quotas on the keeping of hens by licensed poultry farmers; to provide for the constitution of a Review Committee to review base quotas; and for purposes connected therewith. [Assented to, 21st December, 1971.] BE

BE it enacted by the Queen's Most Excellent Majesty, by

and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows : —

P A R T I .

PRELIMINARY.

1.      ( 1 ) This Act may be cited as the "Egg Industry

Stabilisation Act, 1 9 7 1 " .

( 2 ) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

2.      This Act is divided as follows :—

P A R T	I .—PRELIMINARY—ss . 1 - 4 .
P A R T	I I . — P O L L S OF POULTRY FARMERS— s s . 5 - 7 .
P A R T	I I I .—CONSTITUTION OF THE LICENSING COM­

MITTEE—ss . 8 - 1 0 .

P A R T I V . — I N S P E C T I O N — s s . 1 1 - 1 4 .

P A R T V . — L I C E N S I N G OF POULTRY FARMERS.

DIVISION 1.—Categories of Poultry Farmers—5. 1 5 .

DIVISION 2.—Licenses—ss. 1 6 - 2 2 .

DIVISION 3.—Determination of Base Quotas of Poultry Farmers—ss. 2 3 - 2 6 .

DIVISION 4.—Hen Quotas and State Hen Quota—

ss. 2 7 - 3 0 .

P A R T V I . — R E V I E W COMMITTEE.

DIVISION 1.—Constitution and Powers of Review

Committee—ss. 3 1 - 3 7 .

DIVISION 2 .—Review of Base Quotas—55. 3 8 - 4 4 .

P A R T

P A R T VII .—SURRENDER AND RE-ISSUE OF LICENSES

—ss. 45 -47 .

P A R T VI I I .—PERMITS TO KEEP H E N S FOR BREEDING

PURPOSES—s . 48.

P A R T IX.—MISCELLANEOUS—ss . 49 -62 .

( 1 ) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

3 .

"base quota" in relation to a poultry farmer means—

(a)	the base quota for that poultry farmer calculated in accordance with section twenty-three, or determined under section twenty-four, of this Act, as the case may require, as increased by the Review Committee, if such be the case;
(b)	a base quota allotted to that poultry farmer under section fifty-one of this Act ; or
(c)	where that poultry farmer is a licensee under section forty-five of this Act—the base quota for that poultry farmer calcu­ lated in accordance with section forty-seven of this Act ;

"Board" means The Egg Marketing Board for New South Wales constituted under the Marketing of

Primary Products Act, 1927;

"broiler breeder hen" means a female domesticated fowl of the genus gallus which is not—

(a) a white leghorn;

(b) an Australorp, a New Hampshire, a Rhode Island red or a langshan;

(c)

(c)	a cross between a white leghorn and a breed referred to in paragraph (b) of this definition; or
(d)	a hen of a class specified in an order under subsection two of this section that has taken effect under subsection three of this section,

being a fowl used for the purpose of producing

broiler chickens;

"broiler chicken" means a chicken intended to be used

otherwise than for the purpose of producing eggs;

"Commonwealth Levy Act" means the Poultry Industry
Levy Act 1965 of the Parliament of the Common­

wealth and includes any Act amending or replacing

that Act ;

"Commonwealth Levy Collection Act" means the Poultry Industry Levy Collection Act 1965 of the Parliament of the Commonwealth and includes any Act amending or replacing that Act ;

"first licensing season" means the period of one year that commences on a day to be appointed by the Minister and notified by publication in the Gazette as the day on which the first licensing season commences;

"hen" means a female domesticated fowl of the genus

gallus that is not less than six months old;

"hen quota" in relation to a poultry farmer and a

licensing season means—

(a) where that licensing season is the first licensing season—the number calculated in accordance with section twenty-eight or twenty-nine of this Act, as the case may require, in respect of that poultry farmer;

(b)

(b)	where that licensing season is not the first licensing season and no variation in hen quotas has been made under section thirty of this Act in any preceding licensing season—the number referred to in paragraph (a) of this definition;
(c)	where that licensing season is a licensing season to which a notification under subsec­ tion four of section thirty of this Act relates —the number to which the previous hen quota of that poultry farmer is varied under that section for that licensing season;
(d)	where that licensing season is a licensing season that succeeds a licensing season referred to in paragraph (c) of this defini­ tion and is not itself a licensing season so referred to—the hen quota last notified to that poultry farmer under subsection four of section thirty of this Act ; or
(e)	where that poultry farmer is a licensee under section forty-five of this Act—the hen quota for that poultry farmer calculated in accordance with section forty-seven of this Act in respect of the license, or the later or latest of the licenses, issued to him under that section;

"inspector" means an inspector authorised pursuant to section eleven of this Act ;

"license" means a license issued under this Act ;

"licensee" means the holder of a license;
"Licensing Committee" means the Poultry Farmer

Licensing Committee constituted under section eight of this Act ;

"licensing season" means the first licensing season and each succeeding period of one year;

"poultry

"poultry farmer" means a person—

(a)	who submitted, or on whose behalf there was submitted, in respect of hens kept by him in New South Wales at least ten notices in writing pursuant to Regulation four of the regulations made under the Commonwealth Levy Collection Act ;
(b)	who was liable to pay an amount of levy imposed by the Commonwealth Levy Act ; and
(c)	who paid all such amounts for which he was liable,

during the period of six months next preceding the

day on which this Act received the Royal assent;

"pullet" means a hen that is less than six months old;

"relevant period" means the period of one year that ended immediately before the twenty-seventh day of November, one thousand nine hundred and seventy; "Review Committee" means the Review Committee con­

stituted under section thirty-two of this Act ;

"State Hen Quota" in relation to a licensing season means the number of hens determined by the Governor pursuant to section twenty-seven of this Act as the State Hen Quota for that licensing season;

"this Act" includes the regulations made under this Act.

(2) The Governor may, by order published in the Gazette, declare that hens of a specified class are not broiler breeder hens for the purposes of this Act.

( 3 ) An order published under subsection two of this

section, and any alteration or variation of such an order, does not take effect until the expiration of three months after its publication.

(4)

(4 ) In this Act, a reference to the place to which a license relates includes a reference to all places to which the license relates, whether or not they are contiguous.

(1 ) Where on any prescribed day as defined by the Commonwealth Levy Act a person is not liable to pay levy under that Act, and this Act would, but for this subsection, apply to and in respect of that person during the period between that prescribed day and the next succeeding pre­ scribed day so defined, this Act does not apply to or in respect of that person during that period.

4.

(2 ) The Minister may, by order published in the Gazette, exempt from the operation of all of the provisions of this Act, or any of the provisions of this Act specified in the order—

(a)	a specified educational institution or a specified class of educational institutions;
(b)	a specified organisation or association registered under the Charitable Collections Act, 1934, or a specified class of organisations or associations so registered.

(3 ) An order under subsection two of this section
takes effect on the day on which the order is published in the

Gazette or, where a later day is specified in the order, on

that later day.

(4 ) An order under this section has effect subject to such conditions as are specified in the order.

(5 ) For the purposes of subsection two of this section a class may be defined by reference to such circumstances or factors as the Minister thinks fit.

( 6 )

(6 ) If a person to whom an order under this section relates fails to comply with 01 contravenes any condition subject to which the order was made, the Minister may by order published in the Gazette amend the order by excluding that person from its operation.

P A R T II.

POLLS OF POULTRY FARMERS.

5. For the purposes of a poll taken under this Part "prescribed person" means a person who would be entitled to vote at the poll if it were a poll taken under section five of the Marketing of Primary Products Act, 1927, among producers of eggs.

(1) A poll for the purposes of this Act is a poll taken, as prescribed, among prescribed persons.

6.

(2) A poll for the purposes of this Act—

(a)	shall be taken, where the question to be decided is whether the Licensing Committee should be con­ stituted, only at the request, by petition to the Governor, of not less than one hundred persons
certified by the Board to be prescribed persons;
(b)	shall be taken, where the question to be decided is whether the Licensing Committee should be dissolved, only at the request, by petition to the Governor lodged not earlier than five years after the constitution of the Licensing Committee, of not less than one hundred persons certified by the Board to be prescribed persons;

(c)

(c)	shall be taken on a day notified by the Governor for the purpose by proclamation published in the Gazette, being a day not earlier than thirty days after publication of the proclamation or, where the Governor by a subsequent proclamation so pub­ lished notifies a later day for the purpose, on that later day;
(d)	shall be deemed not to be in favour of the question to be decided at the poll unless—

(i)   not less than three-fifths of the persons required to vote at the poll have so voted; and

(ii)   a majority of the votes at the poll is in favour of the question; and

(e) shall not, where the poll is required to be taken by a person other than the Board, be taken unless the Board has first made provision, as prescribed, for the costs and expenses of the poll.

(1) For the purposes of a poll, the Board shall cause a list to be compiled, as prescribed, of prescribed persons.

7.

(2) Where a person has applied as prescribed for inclusion in the list referred to in subsection one of this section and the name of that person is not included in the list, that person may apply as prescribed to a court of petty sessions held before a stipendiary magistrate for an order that his name be included in that list.

(3 ) A court to which application is made under sub­

section two of this section shall have jurisdiction to hear and
determine the matter of the application and may—

(a) order that the name of the applicant be included in the list compiled under subsection one of this section; or

(b) dismiss the application,

and

and upon any order being made under paragraph (a) of this subsection, the Board shall include the name of the applicant in that list.

( 4 ) Where the name of a person appears on the list compiled under subsection one of this section for a poll and that person fails to vote at the poll, he is liable to a penalty not exceeding four dollars.

(5 ) Where the name of a person does not appear on the list compiled under subsection one of this section for a poll and he votes at the poll, he is guilty of an offence against this Act.

P A R T III.

CONSTITUTION OF THE LICENSING COMMITTEE.

(1 ) Subject to a poll being taken and being in favour of the Poultry Farmer Licensing Committee being constituted, the Governor may, by proclamation published in the Gazette, appoint a day for the constitution of the Poultry Farmer Licensing Committee and, on that day, the Poultry Farmer Licensing Committee shall be deemed to have been constituted in accordance with this Part.

8.

(2) The Licensing Committee shall have and may functions conferred and imposed upon it by or under this	exercise and discharge the powers, authorities, duties and
Act.

(3 ) In the exercise and discharge of its powers (other than powers in respect of the exercise of which an appeal lies to the Minister), authorities, duties and functions the Licensing Committee shall be subject in all respects to the control and direction of the Minister.

( 4 )

(4 ) The Licensing Committee may, by arrangement with the Board, make use of officers and servants of the Board for the purpose of exercising and discharging its powers, authorities, duties and functions under this Act.

(5) The Licensing Committee shall consist of the persons for the time being holding office as members of the Board.

(6 ) Each member of the Licensing Committee who is not an officer of the Public Service shall receive such remuneration, and each member of the Licensing Committee shall receive such allowances, as the Licensing Committee from time to time determines and the Minister approves.

(7) Where by or under any Act provision is made requiring the holder of an office specified therein to devote the whole of his time to the duties of his office, or pro­ hibiting him from engaging in employment outside the duties of his office, that provision shall not operate to disqualify him from holding that office and also the office of a member of the Licensing Committee.

(8) The office of a member of the Licensing Com­ mittee is not for the purposes of any Act an office or place of profit under the Crown.

(9) A member of the Licensing Committee is not, in

his capacity as such a member, subject to the provisions of

the Public Service Act. 1902.

(1 ) The procedure for the calling of meetings of the Licensing Committee and for the conduct of business at those meetings shall, subject to this Act, be as determined by the Licensing Committee.

9 .

( 2 )

(2 ) The members of the Licensing Committee present at the first meeting of the Licensing Committee shall elect a member to be Chairman and, where he, or any succeeding Chairman, ceases to be a member of the Licensing Com­ mittee or resigns his office as Chairman, the members of the Licensing Committee shall elect some other member to be Chairman.

(3 ) The Chairman, or in the absence of the Chair­ man, a member chosen by the members present at the meet­ ing to act as Chairman, shall preside at any meeting of the Licensing Committee.

(4 ) A majority of the members of the Licensing Com­ mittee for the time being shall form a quorum and any duly convened meeting of the Licensing Committee at which a quorum is present shall be competent to transact any business of the Licensing Committee and shall have and may exercise and discharge all the powers, authorities, duties and functions of the Licensing Committee.

( 5 ) The Chairman or member acting as Chairman at

any meeting of the Licensing Committee shall, in the event of an equality of votes, have a second or casting vote in addition to a deliberative vote.

(6 ) A decision of the majority of the members present at a meeting of the Licensing Committee shall be the decision of the Licensing Committee.

(7 ) The Licensing Committee shall cause full and accurate minutes to be kept of its proceedings at meetings	and shall submit to the Minister a copy of the minutes of
each meeting within two weeks after the day on which it is held.
(8 ) An act or proceeding of the Licensing Committee is not invalidated or prejudiced by reason only of the fact that at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the office of a member of the Committee.

(9 )

(9 ) No matter or thing done, and no contract entered into by the Licensing Committee, and no matter or thing done by any member or by any other person acting under the direction of the Licensing Committee shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of executing this Act, subject them or any of them personally to any action, liability, claim or demand whatsoever.

(10) The Licensing Committee does not, for any purpose, represent the Crown.

10. (1 ) Where—

(a)	a poll is taken pursuant to Part II of this Act and is in favour of the dissolution of the Licensing Committee; or
(b)	a poll is taken pursuant to the Marketing of Primary Products Act, 1927, and is in favour of the dissolution of the Board,

the Licensing Committee shall on and from a day appointed by the Governor for the purpose by proclamation published in the Gazette, being a day that is not later than six months after the taking of the poll, proceed to wind up its affairs unless by the same or a subsequent proclamation, the Gover­ nor appoints a person to be liquidator to wind up the affairs

dissolved pursuant to paragraph (b) of subsection one of this	of the Licensing Committee. (2 ) Where the Licensing Committee is to be
section and the Board is dissolved before the winding up of the Licensing Committee is completed, the members of the Board holding office immediately before its dissolution shall continue in office as members of the Licensing Committee until the Licensing Committee is dissolved.

(3)

( 3 ) Upon the appointment of a liquidator under

subsection one of this section, the members of the Licensing Committee shall cease to act as such members and the liquidator may, for the purpose of winding up the affairs of the Licensing Committee, in the name and as the act of the

Licensing Committee—

(a) exercise and perform such of the powers, authorities, duties and functions of the Licensing

Committee;

(b) bring and defend such proceedings; and

(c) do and execute such other acts and things,

as he thinks fit.

(4 ) A liquidator appointed under subsection one of

this section shall receive such remuneration as the Governor

determines.

(5 ) The Governor may, at any time after the day

appointed under subsection one of this section, declare by proclamation published in the Gazette that the Licensing Committee is dissolved and thereupon—

(a) the members of the Licensing Committee shall cease to hold office as such and the dissolution of the

Licensing Committee shall be deemed to have been effected; and

(b) this Act shall cease to have any force or effect.

PART IV.

INSPECTION.

1 1 . ( 1 ) The Board may authorise an officer or servant of

the Board to be an inspector for the purposes of this Act

and any person so authorised shall be such an inspector.

( 2 )

( 2 ) An inspector shall be provided by the Board

with a certificate of identification in the prescribed form.

( 1 ) An inspector shall have and may exercise and perform all the powers, authorities, duties and functions conferred or imposed on him by or under this Act and, with­ out affecting the generality of the foregoing, may, subject to :this section—

1 2 .

(a) enter and remain in or on any land, premises, place or vehicle which is, or which he believes on reasonable grounds is—

(i)   being used for or in connection with the operations of a poultry farm or chicken hatchery;

(ii)   being used as a poultry farm or chicken hatchery; or

(iii)   being used for the storage or custody of any accounts, records, books, documents or any other things whatsoever relating to the operations of a poultry farm or chicken hatchery;

(b)	search and inspect any such land, premises, place or vehicle for the presence of, examine and count, any hen, pullet or broiler breeder hen, accounts, records, books, documents, goods, packages, parcels or other things found therein or thereon relating hatchery; to the operations of a poultry farm or chicken
(c)	take copies of, or extracts or notes from, any such accounts, records, books, documents or other things; or
(d)	require any person found in or on any such land, premises, place or vehicle to produce any such accounts, records, books, documents, goods,

packages.

packages, parcels or other things in the possession or under the control of that person which relate to, or which the inspector believes on reasonable

grounds to relate to, the operations of a poultry

farm or chicken hatchery.

( 2 ) An inspector in exercising or performing in or

on any land, premises, place or vehicle any power, authority, duty or function under this Act shall, if so required by a person apparently in charge of that land, premises, place or

vehicle, produce his certificate of identification to that person.

( 3 ) Where a part of premises is used for residential

purposes, an inspector is not, without the permission of the
occupier of that part of those premises, authorised by this section to enter in or on, or to search or inspect, that part
of those premises and paragraph (d) of subsection one of this

section does not apply to a person in or on those premises.

(4 ) A person who—

(a)	delays, obstructs, hinders or impedes an inspector in the exercise or performance of his powers, authorities, duties or functions under this Act; or
(b)	fails to comply with any requirement made under

paragraph (d) of subsection one of this section.

is guilty of an offence against this Act.

1 3 .      ( 1 ) An inspector who finds a person committing an

offence against this Act or who finds a person whom, on

reasonable grounds, he suspects of having committed or attempted to commit any such offence, may demand from that person his name and place of abode.

( 2 )

( 2 ) A person who upon demand made under sub­

section one of this section—

(a) fails or refuses to state his name or place of abode;

or

(b) states a name that is not his name or a place of abode that is not his place of abode,

is guilty of an offence against this Act.

1 4 .      A person who—

(a)	forges or counterfeits any written evidence of appointment of an inspector;
(b)	makes use of any forged, counterfeited or false written evidence of such an appointment;

(c) personates an inspector; or

(d) falsely pretends to be such an inspector,

is guilty of an offence against this Act.

PART V.

LICENSING OF POULTRY FARMERS.

DIVISION 1.—Categories of Poultry Farmers.

1 5 .      For the purposes of this Act—

(a) a Group I poultry farmer is a poultry farmer who, alone or as a partner—

(i)   during the period of one year next pre­ ceding the day on which this Act received the Royal assent, submitted in respect of

hens

hens kept by him in New South Wales at
least twenty notices in writing pursuant to

Regulation four of the regulations made under the Commonwealth Levy Collection
Act; and

(ii)   during the relevant period was liable to pay an amount of levy imposed by the Common­ wealth Levy Act and paid all such amounts

for which he was liable during that period;

(b) a Group II poultry farmer is a poultry farmer who

is not a Group I poultry farmer.

DIVISION 2.—Licenses.

( 1 ) A person who, during a licensing season, keeps hens without being the holder of a license is guilty of an

1 6 .

offence against this Act unless the hens are broiler breeder

hens.

(2 ) A licensee who, during a licensing season, keeps

hens otherwise than in accordance with the conditions or restrictions to which his license is subject is guilty of an

offence against this Act unless the hens are kept in accordance

with a permit issued under Part VIII of this Act.

( 3 ) A licensee who, during a licensing season, keeps

hens at a place other than the place to which his license

are broiler breeder hens or are kept in accordance with a	relates is guilty of an offence against this Act unless the hens
permit issued under Part VIII of this Act.

(4 ) The penalty for an offence against this Act

referred to in this section is a penalty not exceeding five hundred dollars and, in addition, a penalty not exceeding

one hundred dollars for every day during which the offence

continues.

( 1 ) Where a poultry farmer applies to the Licensing Committee in a form approved by the Minister for the pur­ poses of this section and forwards with the application the prescribed annual fee for a license, the Licensing Committee shall issue to the applicant a license in the prescribed form

1 7 .

subject to such conditions and restrictions as are prescribed

or as are notified by the Licensing Committee when issuing

the license.

(2 ) An application under subsection one of this

section may be made on behalf of a partnership of which

the applicant is a member and, where such an application is made, the license may be issued in the name of the partnership or in the names of the members of the partnership.

( 3 ) Where a license is issued under subsection two

of this section, each member of the partnership to which the
license relates shall be deemed to be a licensee in respect of

the licensed place to which the license relates.

(4 ) A license shall not be issued in respect of a place

that is, or a part of which is, a place to which another license

relates.

(5 ) The Minister may, by notification published in

the Gazette, fix a day as the last day on which applications

may be made for a license under this section.

(6 ) The Licensing Committee shall not receive an

application for a license under this section after the day fixed pursuant to subsection five of this section unless the Minister, in special circumstances, directs it so to do.

(7 ) A license continues in force until it is cancelled

or surrendered.

( 1 ) A license shall contain a description of the

place to which it relates and shall specify that the conditions
to which it is subject include—

1 8 .

(a)	a condition that during a licensing season, the
licensee will not keep, or permit to be kept, at that place—

(i)   hens that exceed in number the hen quota

of the licensee for that licensing season; or

(ii) broiler breeder hens,

except in accordance with a permit issued under

Part VIII of this Act; and

(b) any other prescribed conditions.

( 2 ) For the purposes of subparagraph (i) of para­

graph (a) of subsection one of this section, where a license
is held by a partnership, the number of hens that a member
of the partnership keeps or permits to be kept at a place to

which the license relates shall be deemed to be the number
of hens that bears to the total number of hens kept at that

place (excluding hens kept in accordance with a permit under Part VIII of this Act) the same proportion as his share of the profits of the partnership bears to the total profits of the partnership.

1 9 .      A licensee shall, at or before the commencement of

each licensing season (other than the licensing season that

next follows the issue of his license where it is issued under

section seventeen of this Act) pay to the Licensing Com­

mittee the prescribed annual fee for the license.

2 0 . The Licensing Committee may vary or revoke a condition (other than a prescribed condition) or restriction to which a license is subject, or impose further such conditions or restrictions, but, except to the extent that the licensee other­ wise requests and the Licensing Committee approves, such

a condition or restriction has no force or effect until the

expiration of a period of six months after the Licensing Com­ mittee notifies the licensee of the variation or imposition of the condition or restriction.

2 1 .      ( 1 ) The Licensing Committee may cancel a

license—

(a)	if the prescribed annual fee for the license is not paid in accordance with this Act;
(b)	for a breach of a condition or restriction to which the license is subject;
(c)	if the licensee has been convicted of an offence against this Act; or
(d)	at the request of the licensee.

(2 ) The cancellation of a license under paragraph (a ) , (b) or (c) of subsection one of this section remains in

abeyance until—

(a)	the expiration of the time for lodging an appeal against the cancellation; or
(b)	where such an appeal is duly lodged, until the giving of the decision on the appeal,

and does not take effect if an appeal is duly lodged and is upheld or if the Minister substitutes some other decision for the decision to cancel the license.

( 1 ) Subject to this section, where the Licensing Committee cancels a license pursuant to paragraph ( a ) , (b) or (c ) of subsection one of section twenty-one of this Act or notifies a licensee of the imposition by the Licensing Committee of a condition or restriction in respect of his

2 2 .

license or the variation of such a condition or restriction,

the licensee may, within the prescribed time and in the prescribed manner, appeal to the Minister against the

cancellation, imposition or variation.

( 2 ) On an appeal under subsection one of this sec­

tion the Minister may uphold the appeal or confirm the decision of the Licensing Committee or may substitute for the decision appealed against a decision that the Licensing Committee is empowered to make and—

(a)	any such substituted decision shall be deemed always to have been the decision of the Licensing Committee in lieu of the decision for which it is
substituted; and (b)

(b) subsection one of this section does not apply to or in respect of any such substituted decision.

( 3 ) The regulations may provide for the lodging of

a deposit by an appellant under subsection one of this section

and for its forfeiture to the Licensing Committee where the
Minister, in giving his decision on the appeal, specifies that,

in his opinion, the appeal was vexatious or frivolous.

DIVISION 3.—Determination of Base Quotas of Poultry

Farmers.

(1 ) In this section "return" means the notice in writ­ ing required to be submitted pursuant to Regulation four

23.

of the regulations made under the Commonwealth Levy

Collection Act.

(2 ) The base quota for a Group I poultry farmer is

the number that is equal to the highest value of "x" obtained

by applying the appropriate formula referred to in subsection

three of this section in respect of returns duly submitted to the
Board during the relevant period by or on behalf of the poultry

farmer or a partnership of which he was a member, being returns in respect of which the value of "b" in the formula

exceeds the value of "c".

( 3 ) For the purposes of subsection two of this

section—

(a) the formula, in the case of a return submitted by or

on behalf of the poultry farmer on his own account

is—

x = b — c

(b) the formula, in the case of a return submitted by or on behalf of a partnership of which the poultry farmer was a member at the time of submission of the return is —

x = a(b — c)

where—

where—

"a" represents the proportion, expressed as a fraction,

of the profits of the partnership to which the poultry

farmer is entitled;

"b" represents the number specified in the return pursuant to paragraph (a) of Regulation four of the regulations made under the Commonwealth

Levy Collection Act;

"c" represents the number specified in the return

pursuant to subparagraph (i) of paragraph (b) of
that Regulation.

(1 ) The base quota to which a Group II poultry

farmer is entitled is a number determined by the Licensing
Committee in respect of that poultry farmer.

2 4 .

(2 ) In making a determination under subsection one of this section, the Licensing Committee shall have regard

to—

(a)	the number of pullets, if any, owned by that poultry farmer during the last six months of the relevant period;
(b)	the number of hens owned by that poultry farmer during the period which commenced at the expira­ tion of the relevant period and ended on the day on which this Act received the Royal assent; and
(c)	the capital investment of the poultry farmer, during the period referred to in paragraph (b) of this subsection, in plant and equipment which, in the
for him to operate effectively as a poultry farmer. opinion of the Licensing Committee, was necessary

2 5 .      The Licensing Committee shall make determinations

of base quotas of Group II poultry farmers pursuant to section

twenty-four of this Act so that the total of all base quotas

so determined does not exceed a number determined by the
Minister and notified by him to the Licensing Committee.

26. The Licensing Committee shall notify an applicant for a license of his base quota no later than the time of issue to him of the license.

DIVISION 4.—Hen Quotas and State Hen Quota.

For the purposes of this Act, the number of hens that constitutes the State Hen Quota is the number notified by the Governor, by order published in the Gazette, as the State Hen Quota.

27.

28. (1) Subject to section twenty-nine of this Act, the hen quota of a Group I or Group II poultry farmer in respect of the first licensing season shall be calculated in accordance with the formula—

bd
a = c

where— "a" represents the number of hens that is the hen

quota of the poultry farmer;

"b" represents the State Hen Quota for the first licensing season reduced by the number referred to in subsection two of this section;
"c" represents the total of all base quotas to which applicants for licenses are entitled under this Act;

"d" represents the base quota of the poultry farmer.

( 2 ) The Minister shall, by order published in the

Gazette, specify a number by which the State Hen Quota is to be reduced to give the value of "b" for the purposes of subsection one of this section, being such a number as, having regard to the operation of section twenty-nine of this Act would, in his opinion, ensure that the total of all hen quotas for the first licensing season does not exceed the State Hen Quota for that licensing season.

(3)

( 3 ) The Licensing Committee shall notify an appli­

cant for a license of his hen quota no later than the time of
issue to him of the license.

29. (1 ) Where the base quota of a Group I poultry farmer is one thousand or less and his hen quota for the first

licensing season would, but for this subsection, be less than
his base quota, his hen quota for the first licensing season shall

be the same as his base quota.

(2 ) Where the base quota of a Group I poultry

farmer is more than one thousand and his hen quota for the first licensing season would, but for this subsection be less than one thousand, his hen quota for the first licensing season shall be one thousand.

30. ( 1 ) Where the State Hen Quota is varied, the

Licensing Committee shall prepare in writing a scheme for

the variation of all hen quotas, being a scheme whereby—

(a) the aggregate of all hen quotas does not exceed the

State Hen Quota;

(b) as far as is practicable, but without affecting the operation of paragraphs (c) and (d) of this subsection, the proportionate variation is the same

for all hen quotas;

(c)	the hen quota of a poultry farmer referred to in subsection one of section twenty-nine of this Act is not reduced below his base quota unless it has been
so reduced under Part VII of this Act; and
(d)	the hen quota of a poultry farmer referred to in subsection two of that section is not reduced below one thousand unless it has been so reduced under Part VII of this Act,

and shall, within such time as the Minister allows and specifies in writing to the Licensing Committee, submit the scheme to the Minister.

( 2 )

(2 ) Where a scheme is submitted to the Minister

under subsection one of this section, the Minister may—

(a) adopt the scheme;

(b) adopt the scheme with such modifications (other than modifications affecting the requirements of paragraphs (c) and (d) of subsection one of this

section) as the Minister deems expedient and notifies to the Licensing Committee in writing; or

(c) reject the scheme and direct the Licensing Com­ mittee to submit another scheme that complies with subsection one of this section.

( 3 ) Where the Minister gives a direction under

paragraph (c) of subsection two of this section, the Licensing

Committee shall submit a scheme in accordance with the direction within such time as the Minister allows and specifies in writing to the Licensing Committee, and subsection two of this section shall apply to and in respect of a scheme so submitted as if it were a scheme submitted under subsection one of this section.

(4 ) Where the Minister adopts a scheme submitted to him under this section, or adopts such a scheme with modifications, the Licensing Committee shall notify each licensee of his hen quota under the scheme, or under the scheme as modified and, subject to subsection five of this section, of the first subsequent licensing season for which the hen quota so notified is his hen quota.

( 5 ) The Licensing Committee shall not, under sub­

section four of this section—

(a)	notify different poultry farmers of different licensing seasons; or
(b)	notify a licensing season that commences earlier

than one year after the notification.

PART

PART VI.

REVIEW COMMITTEE.

DIVISION 1.—Constitution and Powers of Review Committee.

(1 ) Where the Licensing Committee has been con­ stituted pursuant to Part III of this Act, the Minister may appoint a Review Committee which shall have and may

31 .

exercise and discharge the powers, authorities, duties and
functions conferred and imposed upon it by or under this

Act.

(2 ) The Review Committee may do all acts

necessary for or incidental to the exercise or discharge of the powers, authorities, duties or functions conferred or imposed upon it by or under this Act.

( 3 ) In the exercise and discharge of its powers,

authorities, duties and functions the Review Committee shall

be subject in all respects to the control and direction of the
Minister.

32.      Where the Minister, by notification published in the

Gazette, declares that the Review Committee is dissolved,
the members of the Review Committee shall cease to hold

office as such and the dissolution of the Review Committee

shall be deemed to have been effected.

33.      (1 ) The Review Committee shall consist of three

members, of whom—

(a) one shall be appointed by the Minister as Chairman

of the Review Committee; and

(b) two shall be persons representing egg producers.

(2 ) On the occurrence of a casual vacancy in the

office of a member of the Review Committee, the Minister

may appoint a person to act in the place of the member who

vacated that office.

P 63469—42 ( 3 )

( 3 ) A person appointed to fill a vacant office of a

member of the Review Committee referred to in paragraph

(b) of subsection one of this section shall be a person having

the qualifications referred to in that paragraph.

( 4 ) Each member of the Review Committee who

is not an officer of the Public Service shall receive such

remuneration, and each member of the Review Committee shall receive such allowances, as the Minister from time to time determines in respect of that member.

(5 ) A member of the Review Committee shall be

deemed to have vacated his office and there is a casual

vacancy in his office—

(a) if he dies;

(b) if he becomes bankrupt, compounds with his creditors, or makes any assignment of his salary, remuneration, allowances or estate for their

benefit;

(c)	if he is absent without leave of the Minister from four consecutive meetings of the Review Committee;
(d)	if he becomes a mentally ill person, a protected person or an incapable person within the meaning

of the Mental Health Act, 1958;

(e) if he is convicted in New South Wales of a felony or of a misdemeanour punishable by imprisonment

for twelve months or upwards, or is convicted

elsewhere than in New South Wales of an offence

which if committed in New South Wales would be

a felony or a misdemeanour so punishable; or

(f) if he resigns his office by writing under his hand addressed to the Minister.

34.      (1 ) The procedure for the calling of meetings of the

Review Committee and for the conduct of business at those

meetings shall, subject to the regulations (if any) made under

this Act, be as determined by the Review Committee.

( 2 )

(2 ) The Chairman, or in the absence of the Chair­

man, a member chosen by the members present at the meeting to act as Chairman, shall preside at any meeting

of the Review Committee.

( 3 ) Two members of the Review Committee shall

form a quorum and any duly convened meeting of the
Review Committee at which a quorum is present shall be

competent to transact any business of the Review Committee and shall have and may exercise and discharge all the powers, authorities, duties and functions of the Review Committee.

(4 ) A decision of a majority of the members present

at a meeting of the Review Committee shall be the decision
of the Review Committee.

35. The Review Committee may, with the approval of the Minister of the Department concerned, make use of the

services of any officer or employee of the Public Service.

( 1 ) The Review Committee shall consider and

determine applications made to it under sections thirty-eight
and thirty-nine of this Act.

36.

(2 ) Where the Review Committee has required an

applicant to it to furnish information under section fifty- three of this Act, it may refuse to deal with the application until the information has been furnished.

37. (1 ) Subject to section thirty-three of this Act, a

member of the Review Committee shall not demand or
receive from any person any payment, gratuity or present

in consideration of doing or omitting to do any act or thing pertaining to his office or employment for the purposes of this Act.

( 2 )

(2 ) Subject to section thirty-three of this Act, a person

shall not, without lawful authority, offer, make or give to

a member of the Review Committee any payment, gratuity or present in consideration of the member doing or omitting

to do some act pertaining to his office.

Penalty : One thousand dollars or imprisonment for six months or both.

DIVISION 2.—Review of Base Quotas.

(1 ) Subject to this section, a Group I poultry farmer who has been notified of his base quota pursuant to section twenty-six of this Act may apply to the Review Committee

38.

for a review of the base quota so notified.

(2 ) The grounds upon which an application may be

made under subsection one of this section are—

(a) that the operation of the poultry farm of the applicant during the relevant period was affected

by fire or localised adverse seasonal conditions;

(b)	that any hens owned by the applicant during the relevant period were affected by disease;
(c)	that the operation of the poultry farm of the appli­ cant during the relevant period was affected by the

absence of the applicant or of his son due to his

being engaged on service—

(i)	in the Regular Army Supplement rendered under the National Service Act 1951, as subsequently amended, of the Common­ wealth; or
(ii)	as an officer in the Regular Army Supple­ ment in pursuance of an appointment referred to in subsection one or two of
section twenty-eight of that Act, as so
amended;

(d)

(d) that the operation of the poultry farm of the applicant during the relevant period was affected

by the illness of the applicant during that period;

(e) that the base quota of which the applicant was

notified pursuant to section twenty-six of this Act

was calculated incorrectly; or

(f) that the base quota of the applicant would be increased if the reference in subsection two of

section twenty-three of this Act to the relevant

period were a reference to the period that

commenced at the expiration of the relevant period

and ended on the day on which this Act received
the Royal assent.

39. A Group II poultry farmer who has been

notified of his base quota pursuant to section twenty-six of

this Act may apply to the Review Committee for a review
of the base quota specified in the notification.

An application under this Part shall be in a form approved by the Minister and any form so approved may require information therein to be verified by statutory

4 0 .

declaration.

( 1 ) An application under this Part shall be lodged with the Review Committee within a period of twenty-eight days after the day on which the applicant is notified of his base quota under section twenty-six of this Act.

4 1 .

( 2 )

(2 ) Any application for a review of a base quota

lodged with the Review Committee after the period referred to in subsection one of this section shall be rejected by the
Review Committee unless the applicant satisfies the Review

Committee that the late lodgment of his application was due to circumstances beyond his control.

In making its decision with respect to an application under section thirty-eight of this Act, the Review Committee shall have regard to the grounds on which the application is made and, in making its decision with respect to an applica­ tion under section thirty-nine of this Act, shall have regard to such matters as the Review Committee considers relevant or as may be prescribed.

42.

( 1 ) Where the Review Committee determines that an applicant under this Part is entitled to an increase in his base quota it shall notify the Licensing Committee of the amount of that increase.

43.

(2 ) Where the Review Committee determines that

an applicant under this Part is or is not entitled to an increase in his base quota it shall notify the applicant of its determina­ tion and, where the base quota has been increased, of the amount of the increase.

44. The Review Committee shall determine increases in base quotas under this Part so that the total number by which the base quotas are so increased does not exceed the number specified in an order made by the Minister and notified to the Review Committee. P A R T

PART V I I .

SURRENDER AND R E - I S S U E OF LICENSES.

4 5 .      ( 1 ) Subject to this section and section forty-six

of this Act, where a licensee applies to the Licensing Com­

mittee in a form approved by the Minister for the purposes

of this section and pays the prescribed fee, the Licensing

Committee may, upon the surrender to it of the applicant's

license—

(a)	cancel the applicant's license and issue a license to another person specified in the application;
(b)	cancel the applicant's license and issue to him a

license relating to a place that is not identical with

the place to which the cancelled license related; or

(c) cancel the applicant's license, reduce his hen quota and—

(i) issue a license to the applicant; and

(ii)   issue a license to another person specified in the application,

as may be requested in the application.

(2 ) The provisions of Division 2 of Part V of this

Act apply to and in respect of licenses issued under this section as if they were licenses duly applied for under section

seventeen of this Act.

(3 ) An application under paragraph (c) of sub­

section one of this section may only be made in respect of

a reduction of five hundred or a multiple of five hundred.

(4 ) The Licensing Committee shall not approve an

application under subsection one of this section in so far as such an approval would increase the hen quota of a person,

or the total of the hen quotas of the members of a

partnership, to more than two hundred and fifty thousand.

46. (1 ) A person whose license is cancelled under
paragraph (a) of subsection one of section forty-five of this

Act ceases to be a poultry farmer for the purposes of this Act.

( 2 ) Where, immediately before the issue of a license

under section forty-five of this Act, the licensee was not a

poultry farmer for the purposes of this Act he shall, while he

holds the license, be deemed to be a poultry farmer for those

purposes.

( 3 ) A person to whom a license is issued pursuant

to an application under section forty-five of this Act shall be

deemed to be a Group I poultry farmer if—

(a) immediately before the issue of the license he was a

Group I poultry farmer; or

(b) the applicant was, immediately before the cancella­ tion of his license, a Group I poultry farmer.

47. (1 ) Where, pursuant to an application under

subsection one of section forty-five of this Act—

(a) a license is issued under paragraph (a) of that subsection—

(i)   the base quota of the licensee after the issue of the license is the total of the base quota of the applicant immediately before the

quota, if any, of the licensee immediately cancellation of his license and the base

before the issue of the license; and

(ii)   the hen quota of the licensee after the issue of the license is the total of the hen quota of the applicant immediately before the cancellation of his license and the hen quota, if any, of the licensee immediately before the issue of the license;

(b)

(b)	a license is issued under paragraph (b) of that subsection—the base quota, and the hen quota, of the licensee remain unchanged; or
(c)	a license is issued under paragraph (c) of that subsection—

(i)   the base quota of the licensee referred to in subparagraph (i) of that paragraph after the issue of the license is his base quota immediately before the cancellation of his

license, reduced in the same proportion as

his hen quota is reduced;

(ii)   the hen quota of that licensee after the issue

of the license is the reduced hen quota

approved pursuant to the application;

(iii)  the base quota of the licensee referred to in subparagraph (ii) of that paragraph after the issue of the license is the total of a base quota equal to the reduction effected under subparagraph (i) of this paragraph and the base quota, if any, to which he was entitled immediately before the issue of the license; and

(iv)   the hen quota of that licensee after the issue of the license is the total of a hen quota equal to the reduction effected under subparagraph (ii) of this paragraph and the hen quota, if any, to which he was entitled immediately before the issue of the license.

( 2 ) Where a license is issued under section

forty-five of this Act before the commencement of the first licensing season, the hen quota of the licensee for the

first licensing season, and for each subsequent licensing season that precedes the next succeeding licensing season to which a notification under subsection four of section thirty of this Act relates, is his hen quota calculated under subsection one of this section.

( 3 )

( 3 ) Where a license is issued under section forty-five

of this Act during a licensing season, the hen quota of the

licensee for the licensing season during which the license was

issued, and for each subsequent licensing season that precedes the next succeeding licensing season to which a notification under subsection four of section thirty of this Act relates, is his hen quota calculated under subsection one of this section.

(4 ) The hen quota of a licensee under section

forty-five of this Act in relation to a licensing season (not

being a licensing season to which it is related by subsection two or three of this section) is his hen quota in relation to that licensing season as defined in paragraph (c) or (d) , as the case may require, of the definition of "hen quota" in subsection one of section three of this Act.

PART VIII .

PERMITS TO KEEP HENS FOR BREEDING PURPOSES.

(1 ) Where a licensee applies to the Licensing Committee in a form approved by the Minister for the purposes of this section and pays the prescribed fee, the

4 8 .

Licensing Committee may grant him a permit authorising him

to keep hens other than broiler breeder hens or hens used for

the production of eggs for human consumption.

( 2 ) A permit under this section is issued subject to

such conditions as are imposed by the Licensing Committee when issuing the permit and subject to such other conditions as may be prescribed.

( 3 ) A permit under this section may be cancelled

by the Licensing Committee for a breach of a condition to

which it is subject.

( 4 )

(4 ) Subject to subsection three of this section, a

permit under this section continues in force during the period specified in the permit, but this subsection does not operate to prevent the Licensing Committee from granting a permit under this section to a licensee who holds such a permit that is about to expire or to a licensee who held such a permit that has expired.

(5 ) A licensee who contravenes or tails to comply

with a condition to which a permit issued to him under this

section is subject is guilty of an offence against this Act and liable to a penalty not exceeding two hundred and fifty

dollars and, in addition, a penalty not exceeding fifty dollars

for every day during which the offence continues.

PART IX.

MISCELLANEOUS

49. The remuneration and allowances payable to the members of the Licensing Committee and the Review Committee under this Act and the costs of administration of this Act shall be paid by the Board out of the funds of the

Board.

( 1 ) The provisions of subsections one, two and three of section twenty-three of the Marketing of Primary	Products Act, 1927, apply to and in respect of the Licensing
Committee as if it were a board constituted under that Act.
( 2 ) The Licensing Committee shall, at the request of the Board, pay to the Board from moneys received by it
such amounts as the Board may from time to time specify, and any amounts so paid shall become part of the funds of the Board.

5 0 .

(d) ( 3 )

( 3 ) Towards defraying the cost of the audit of the accounts of the Licensing Committee the Board shall pay to the Consolidated Revenue Fund such amounts as the Treasurer may from time to time specify.

(4 ) The Licensing Committee shall not make a payment out of moneys received by it other than a payment under subsection two of this section.

51.      (1) Notwithstanding any other provision of this Act,

the Licensing Committee may, and shall if so directed by the

Minister, in a special case and if it or he thinks it equitable

or proper to do so, allot a base quota to any poultry fanner who, but for this section, would not be entitled to a base quota.

(2 ) Where the Licensing Committee allots a base

quota pursuant to subsection one of this section or is directed

by the Minister so to do, it shall as soon as practicable after

the issue or direction, as the case may be, forward to that poultry farmer a notification referred to in section twenty-six

of this Act.

52.      ( 1 ) A person who—

(a) keeps more than twenty broiler breeder hens; or (b) owns or occupies any land, place or premises, on,

at or in which hen eggs from more than twenty

hens are hatched,

shall, in the prescribed manner, make and keep a record of

such particulars and matters as are prescribed.

(2 ) A person referred to in subsection one of this

section shall—

(a) keep the records so referred to for a period of two years after they are made; and

(b)

(b) at the prescribed times forward to the prescribed person copies of those records or such of them as relate to prescribed times or matters.

(3) A record made and kept under this section is evidence of the particulars and matters stated therein.

(4) A person who knowingly makes or causes or permits or allows to be made any false or misleading statement in any record required to be made under this section or in any copy (or purported copy) of that record required to be forwarded under paragraph (b) of subsection two of this section, is guilty of an offence against this Act and liable to a penalty not exceeding five hundred dollars.

53. (1) The Licensing Committee or the Review Committee may, by notice in writing served on an applicant to it, require the applicant to furnish, within such period as may be specified in the notice, such information relating to the application as it thinks fit, and may itself make or cause to be made such inquiries as it thinks fit, for the purpose of determining whether the information contained in the application is correct.

(2) The Licensing Committee or the Review

Committee, as the case may be, may require information

furnished by an applicant under subsection one of this section
to be verified by statutory declaration.

(3) Where the Licensing Committee or the Review Committee requires a person to furnish information under this section and has not issued him with a license or reviewed his base quota, as the case may be, it may delay doing so until the information has been furnished.

54. Where the Licensing Committee is satisfied that a person to whom a license or permit was issued under this Act was not entitled to the license or permit or furnished to the Licensing Committee or Review Committee false or misleading information in connection with an application the Licensing Committee may cancel the license or permit.

Where a license is cancelled otherwise than pursuant to section forty-five of this Act, the former holder of the license shall, if required by the Licensing Committee to forward the license to it within a specified period, comply with that requirement.

55.

56. (1) A member of the Licensing Committee or the Review Committee shall not exercise his vote at a meeting of the committee of which he is a member in respect of a matter that directly affects his pecuniary interests and, if he does so, his vote shall not be counted.

(2) A member of a committee referred to in subsection one of this section shall leave a meeting of the committee during any discussion on a matter in respect of which he is, by that subsection, disqualified from voting.

As soon as practicable after the end of each licensing season or, where a day is prescribed for the purposes of this section, as soon as practicable after the day so prescribed, the Licensing Committee shall prepare and furnish to the Minister a report on the operations and activities of the Licensing Committee during that licensing season and the Minister shall lay the report or cause it to be laid, before both Houses of Parliament as soon as practicable after its receipt by him.

57.

58. The Licensing Committee shall, in addition to any other report it may be required to prepare and furnish under this Act, furnish to the Minister, within a time specified by him, such reports on the operations of the Licensing Committee as the Minister may direct.

Any person who contravenes or fails to comply with a provision of this Act for which no penalty is otherwise expressly provided is guilty of an offence against this Act and liable to a penalty not exceeding four hundred dollars.

59.

60. All proceedings for offences against this Act or the regulations made under this Act shall be disposed of summarily before a court of petty sessions.

The provisions of section thirty-two of the Marketing

of Primary Products Act, 1927, apply to and in respect of
offences under this Act.

61.

62. (1) The Governor may make regulations, not inconsistent with this Act, for and with respect to—

(a) any of the powers conferred upon or duties imposed upon the Minister, the Licensing Committee or the

Review Committee by this Act;

(b) the making and keeping of records by a licensee or the holder of a permit issued under this Act, the inspection of those records and the production of those records in any legal proceedings;

(c) the forms to be used for the purposes of this Act;
(d)

(d)	all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act; and
(e)	fixing any penalties not exceeding four hundred dollars or, in the case of a continuing offence, not exceeding twenty dollars for each day during which the offence continues, for non-compliance with or contravention of any regulation.

(2) A regulation may be of general or specially limited application according to time, place or circumstances, and may be general or restricted to any specified class of subject-matter.

STAMP