Egg Industry Stabilisation (Amendment) Act 1972 (NSW)

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EGG INDUSTRY STABILISATION (AMENDMENT)

ACT.

ANNO VICESIMO PRIMO

ELIZABETHS II REGINiE

Act No. 73,1972.

A n Act to m a k e fur ther p rovis ion wi th respect t o the

a l lo tmen t of base q u o t a s for the pu rposes of the
Egg Indus t ry Stabi l i sa t ion Act , 1971 ; for this a n d
o the r pu rposes to a m e n d tha t A c t ; and for
pu rposes connec ted therewi th . [Assented t o , 4 th
December , 1972.]
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 81871—40

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

Stabilisation (Amendment) Act, 1972".

2.

2. The Egg Industry Stabilisation Act, 1971, is

amended—

(a)

by inserting in the definition of "poultry farmer" in section 3 (1) after the word "assent" the words "and includes a person to whom a base quota has been allotted under paragraph (a) of section 5 1 " ;

(b)

(i)

by inserting in section 17 (6) after the word "do" the words "or the applicant is a person—

(a) to whom a base quota has been allotted under paragraph (a) of section 5 1 ; and
(b) who applied to the Licensing Committee for the license before the day that is one month after he was notified of his base quota under subsection (2) of section 26 or the day fixed pursuant to subsection ( 5 ) , whichever day is the later";

(ii)   by inserting at the end of section 17 the following new subsection :—

(8) Where the holder of a license dies, any person who, if he were the holder of the license, would be entitled to keep hens belonging to the estate of the deceased holder, shall be deemed to be the holder of that license.

(c) (i) by omitting from section 23 (2) the words

"The base quota" and by inserting instead the
words "Except as provided in subsection ( 4 ) ,
the base quota";

(ii)   by inserting at the end of section 23 the following new subsection :—

(4) The base quota for a Group I poultry farmer to whom a base quota has been allotted under paragraph (b) of section 51 is the base quota so allotted.

(d)

(d) (i) by omitting from section 24 (1) the words "The base quota" and by inserting instead the words "Except as provided in subsection ( 3 ) , the base quota";

(ii)   by inserting at the end of section 24 the following new subsection :—•

(3) The base quota to which a Group II poultry farmer referred to in subparagraph (ii) of paragraph (b) of section 15 is entitled is the base quota allotted to him under paragraph (a) of section 51 .

(e) by inserting at the end of section 26 the following new subsection :—

(2) The Licensing Committee shall as soon as practicable after allotting a base quota under section 51 notify the person to whom the base quota was allotted of his base quota.

(f) by inserting next after section 45 (1) the following new subsection :—•
(1A) Subject to this section and section 46, where a person referred to in subsection (8) of section 17 applies to the Licensing Committee 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 license of which that person is deemed by subsection (8) of section 17 to be the holder, cancel that license and issue a license to that person.

(g)

(g)

by inserting next after section 47 (1) the following new subsection :—

(1A) Where, pursuant to an application under subsection (1A) of section 45, a license is issued under that subsection, the base quota or the hen quota of the licensee after the issue of the license is the base quota or hen quota, as the case may be, of the person who was the holder of the license which was surrendered in connection with the application.

(h) by omitting section 51 and by inserting instead the following section :—

51 . 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—

(a)

allot a base quota to any person who, but for this paragraph, would not be entitled to a base quota; or

(b)

allot to a Group I poultry farmer a base quota in excess of the base quota to which he is entitled pursuant to section 23.

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