Egg Industry Stabilisation (Amendment) Act 1977 (NSW)

EGG INDUSTRY STABILISATION

(AMENDMENT) ACT, 1977

ANNO VICESI MO SEXTO

ELIZABETHE II REGINE

Act No. 45 ,1977 .

An Act to amend the Egg Industry Stabilisation Act, 1971, in relation to the imposition of quotas on the keeping of hens by licensed poultry farmers and in certain other respects. [Assented to, 27th April, 1977.]

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: —

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

(Amendment) Act, 1977".

2.      ( 1 ) This section and section 1 shall commence on the

date of assent to this Act.

( 2 ) Except as provided in subsection ( 1 ) , this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3. This Act contains the following Schedules :—

SCHEDULE 1.—AMENDMENTS TO PART I OF THE EGG

INDUSTRY STABILISATION ACT, 1 9 7 1 .

SCHEDULE 2.—AMENDMENTS TO PART V OF THE

EGG INDUSTRY STABILISATION ACT, 1 9 7 1 .

SCHEDULE 3.—REPEAL OF PART V I OF THE EGG

INDUSTRY STABILISATION ACT, 1 9 7 1 .

S C H E D U L E 4.—AMENDMENTS TO PART VII OF THE

EGG INDUSTRY STABILISATION ACT, 1 9 7 1 .

S C H E D U L E 5.—AMENDMENTS TO PART I X OF THE

EGG INDUSTRY STABILISATION ACT, 1 9 7 1 .

4. The Egg Industry Stabilisation Act, 1 9 7 1 , is amended

in the manner set forth in Schedules 1 - 5 .

SCHEDULE 1.

AMENDMENTS TO PART I OF THE EGG INDUSTRY

STABILISATION ACT, 1 9 7 1 .

( 1 ) Long title—

Omit "to provide for the constitution of a Review

Committee to review base quotas;".

(2) (a) Section 2—	From the matter relating to Part V, omit the
matter relating to Divisions 1 and 3 .

(b) Section 2—

Omit the matter relating to Part VI.

(c) Section 2—

From the matter relating to Part VII, omit "47", insert instead "47A".

SCHEDULE 1—continued.

A M E N D M E N T S TO PART I OF THE E G G INDUSTRY

STABILISATION A C T , 1971—cont inued.

( 3 ) (a ) Section 3 ( 1 ) , definitions of "base quota",

"Commonwealth Levy Collection Act", "first licensing season", "licensing season", "poultry farmer", "pullet", "relevant period", "Review Committee" and "State Hen Quota"—

Omit the definitions.

(b) Section 3 ( 1 ) , definition of "hen quota"—

Omit the definition, insert instead : —

"hen quota", in relation to a licensee, means—

(a)	where his license is a license that was in force immediately before the day appointed under section 2 (2 ) of the Egg Industry Stabilisation (Amendment) Act, 1 9 7 7 — t h e hen quota referred to in section 28 ; or
(b)	where his license was issued pursuant to section 3 0 ( 4 ) or 4 5 — t h e hen quota specified in
the license;

( 4 ) Section 4 (2 ) ( b ) , ( c ) —

Omit section 4 (2 ) ( b ) , insert instead :—

(b) a specified charity within the meaning of the Charitable Collections Act, 1 9 3 4 , or a specified class of charities within the meaning of that Act; or

SCHEDULE 1—continued.

A M E N D M E N T S TO PART I OF THE EGG INDUSTRY

STABILISATION A C T , 1971—cont inued .

(c) where, in the opinion of the Licensing Committee, there are insufficient eggs being produced in an area of New South Wales for human consumption in that area, a specified person keeping hens in that area.

SCHEDULE 2.

A M E N D M E N T S TO PART V OF THE E G G INDUSTRY

STABILISATION A C T , 1 9 7 1 .

( 1 )	Part V, Division 1 — Omit the Division.
(2)	Section 1 6 ( 1 ) , ( 2 ) , ( 3 ) —

Omit ", during a licensing season," wherever

occurring.

(3 ) (a) Section 17 ( 1 ) , (1A) , ( 2 ) —

Omit section 1 7 ( 1 ) and ( 2 ) , insert instead :—

( 1 ) A license that was in force immediately before the day appointed under section 2 (2 ) of the Egg Industry Stabilisation (Amendment) Act, 1 9 7 7 , or that is issued under section 30

( 4 ) or 4 5 on or after that day shall continue

in force until cancelled under this Act.

SCHEDULE 2—continued.

A M E N D M E N T S TO PART V OF THE EGG INDUSTRY

STABILISATION A C T , 1971—continued.

( 1 A ) A license may be issued subject to such

conditions and restrictions as are specified in the
license by the Licensing Committee.

(2 ) A license may be issued in the name of a partnership or in the names of the members of a partnership.

(b ) Section 1 7 ( 5 ) , ( 6 ) , ( 7 ) —

Omit the subsections.

( 4 ) (a) Section 1 8 ( 1 ) ( a ) —

Omit the paragraph, insert instead :—

(a) a condition that the licensee will not

keep at that place—

(i)   hens that exceed in number the hen quota specified in the license

partnership or in the names of the

of that licensee or, where the license is issued in the name of a

members of a partnership, hens that exceed in number the total of the hen quotas specified in the license of each member of the partnership so specified; or

(ii) broiler breeder hens,

except in accordance with a permit issued
under Part V I I I ; and

SCHEDULE 2—continued.

A M E N D M E N T S TO PART V OF THE EGG INDUSTRY

STABILISATION A C T , 1971—continued.

(b) Section 18 ( 2 ) , ( 3 ) —

Omit section 18 ( 2 ) , insert instead :—

(2) Where a license is issued in the name of a partnership or in the names of the members of a partnership, all the hens kept at the place to which the license relates shall, for the purposes of subsection (1) ( a ) , be deemed to be kept by each of the members of t he partnership.

(3 ) In the case of a license that was in force immediately before the day appointed under section 2 (2) of the Egg Industry Stabilisation (Amendment) Act, 1977, the license shall be deemed to include the condition referred to in subsection (1) (a ) and to exclude the condition referred to in subsection (1) ( a ) , as in force immediately before that day.

(5) Section 19—

Omit the section, insert instead :—

19. A licensee shall, on or before 1st August in each year, pay to the Licensing Committee the pre­ scribed annual fee for the license.

(6 ) Part V, Division 3 —

Omit the Division.

SCHEDULE 2—continued.

A M E N D M E N T S TO PART V OF THE EGG INDUSTRY

STABILISATION A C T , 1971—continued.

(7) Section 2 8 —

Omit the section, insert instead :—

28. (1) The hen quota of a licensee whose license was in force immediately before the day appointed under section 2 (2) of the Egg Industry Stabilisation (Amendment) Act, 1977, is—

(a)	except as provided in paragraphs (b) and ( c ) , the hen quota notified to the licensee pursuant to subsection (3) of this section, as in force immediately before that day;
(b)	if the State Hen Quota notified under section

27 was varied by the Governor by a further order under that section before that day, the hen quota last notified to the licensee pursuant to section 30 ( 4 ) , as so in force; or

(c) if the license was issued pursuant to section

45, the hen quota of the licensee determined in accordance with section 47, as so in force.

section (3) of this section, as in force immediately (2) The hen quotas notified pursuant to sub­

before the day appointed under section 2 (2) of the Egg Industry Stabilisation (Amendment) Act, 1977, shall be deemed always to have been validly deter­ mined in accordance with this Act, as so in force.

(8)	Section 2 9 —
Omit the section.

SCHEDULE 2—continued.

A M E N D M E N T S TO PART V OF THE EGG INDUSTRY

STABILISATION A C T , 1971—cont inued.

( 9 ) (a ) Section 30 ( 1 ) —

Omit "is varied", insert instead "notified under section 27 is varied by the Governor by a further order under that section".

(b) Section 30 ( 1 ) ( a ) —

After "Quota", insert "notified by that further order".

(c) Section 30 ( 1 ) ( b ) —

Omit "paragraphs (c) and (d) of this subsec­ tion", insert instead "paragraph ( c ) , ( d ) , (e)

or ( f )" .

(d) Section 30 ( 1 ) ( c ) - ( f ) —

Omit section 30 ( 1 ) (c) and ( d ) , insert

instead : —

(c) the hen quota of a licensee who is not associated with another licensee as referred to in subsection (8) which is

5,000 or more is not reduced below

5,000;

(d) where the total of the hen quota of a licensee and the hen quota of each licensee who is associated with that licensee as referred to in subsection (8) is 5,000 or more, that total is not reduced below 5,000 but where that total is reduced to 5,000, the proportionate reduction is the same for each hen quota that comprises part of that total;

S C H E D U L E 2—continued.

A M E N D M E N T S TO PART V	OF THE EGG INDUSTRY
STABILISATION A C T ,	1971—cont inued.

(e)	the hen quota of a licensee who is not associated with another licensee as referred to in subsection (8) which is less than 5,000 is not reduced; and
(f)	where the total of the hen quota of a licensee and the hen quota of each licensee who is associated with that licensee as referred to in subsection (8) is less than 5,000, that total is not reduced.

(e) Section 30 (2) ( b ) —

Omit "paragraphs (c) and (d) of subsection one of this section", insert instead "subsection (1)

( c ) , ( d ) , (e) or ( f ) " .

(f)	Section 30 ( 4 ) - ( 8 ) —
Omit section 30 (4) and ( 5 ) , insert instead :— (4) Where the Minister adopts a scheme sub­

mitted to him under this section, or adopts such a scheme with modifications, the Licensing Committee shall issue to each licensee a license which, subject to subsection (5) —

(a)	takes effect on a date specified in the license; and
(b)	specifies his hen quota under the scheme, or under the scheme as modified.

SCHEDULE 2—continued.

A M E N D M E N T S TO PART V O F T H E E G G INDUSTRY

STABILISATION A C T , 1971—continued.

(5) The Licensing Committee shall not, under subsection ( 4 ) —

(a)	issue licenses which take effect on different days; or
(b)	where hen quotas are reduced, issue licenses which take effect within 3 months of the date of their issue.

(6 )    The provisions of Division 2 apply to and

in respect of licenses issued under this section.

(7 ) Upon the license of a person taking effect under this section, the previous license of that person is deemed to be cancelled.

(8) For the purposes of subsection (1) ( c ) , ( d ) , (e) and (f) , a licensee is associated with another licensee if—

(a) they are members of a partnership;

(b) they are corporations which, by virtue

other or they are a corporation within

of section 6 (5 ) of the Companies Act, 1961, are deemed to be related to each

the meaning of the Companies Act, 1961, and a director (within the meaning of that Act) of that corporation; or

(c) the Licensing Committee believes on

reasonable grounds that they are associ­ ated with each other in the keeping of hens under an agreement, arrangement or scheme effected under Part V I I .

SCHEDULE 2—continued.

A M E N D M E N T S TO PART V OF THE EGG INDUSTRY

STABILISATION A C T , 1971—continued.

(9 ) Notwithstanding any other provision of this section, where the Minister, on the recom­ mendation of the stipendiary magistrate appointed on 29th December, 1976, to inquire into and report to the Minister on certain matters arising under this Act, and after the publication of such report and recommendation, directs the Licensing Committee to issue to any person specified in the recommendation a license specifying the hen quota of that person, the Licensing Committee shall issue such a license.

(10) Where the State Hen Quota notified under section 27 is varied by the Governor by a further order under that section and the Minister informs the Licensing Committee that, in his opinion, the variation resulted from direc­ tions given by him under subsection ( 9 ) , the provisions of subsections ( 1 ) , ( 2 ) , ( 3 ) , (4) and (5) (a ) do not, but the provisions of subsections (5) ( b ) , (6) and (7) do, apply to and in respect of the variation.

1971.

SCHEDULE 4 .

A M E N D M E N T S TO PART V I I OF T H E EGG INDUSTRY

STABILISATION A C T , 1 9 7 1 .

( 1 ) (a ) Section 4 5 (1)-

Omit "section forty-six of this Act", insert instead

"sections 4 7 and 4 7 A " .

(b) Section 4 5 ( 1 A ) —

Omit "section 4 6 " , insert instead "sections 4 7 and

4 7 A " .

(c) Section 4 5 ( 1 B ) —

After section 4 5 ( 1 A ) , insert :—

( 1 B ) The Licensing Committee shall not issue

a license under subsection ( 1 ) ( a ) or ( 1 ) (c) (ii) to a person who is a licensee unless that licensee surrenders his license to the Licensing Committee and the Licensing Committee cancels the surrendered license.

(d) Section 4 5 ( 2 ) —

Omit "as if they were licenses duly applied for under section seventeen of this Act".

(e) Section 4 5 ( 3 ) — ( 6 ) —

Omit section 4 5 (3) and ( 4 ) , insert instead :—

( 4 ) The Licensing Committee shall not

approve an application under subsection ( 1 ) in

so far as—

(a) 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 a number that is more than 1 0 0 , 0 0 0 ; or

S C H E D U L E 4—continued.

A M E N D M E N T S TO PART V I I OF THE EGG INDUSTRY

STABILISATION A C T , 1971—continued.

(b) such an approval would increase to a number that is more than 100,000 the total of the hen quotas of—

(i) a corporation;

(ii)   the corporations which, by virtue of

section 6 (5 ) of the Companies Act, 1961, are deemed to be related to the corporation referred to in subparagraph

( i ) ; and

(iii)   each person who is a director of any corporation referred to in subparagraph (i) or (i i) .

(5) The Licensing Committee may refuse an application under subsection (1 ) where the Licensing Committee believes on reasonable grounds that the application is in furtherance of an agreement, arrangement or scheme under which the total of the hen quotas of any persons associated with each other with respect to the keeping of hens would be increased to a number that is more than 100,000.

(6 ) A reference in subsection (4) to a

corporation or director is a reference to a corporation or director, as the case may be, within the meaning of the Companies Act, 1961.

(2) Section 4 6 —

Omit the section.

S C H E D U L E 4—continued.

A M E N D M E N T S TO PART V I I OF THE EGG INDUSTRY

STABILISATION A C T , 1971—continued.

(3 ) Section 4 7 —

Omit the section, insert instead : —

4 7 .       ( 1 ) Where, pursuant to an application under

section 45 ( 1 ) or ( 1 A ) —

(a ) a license is issued under section 4 5 ( 1 ) (a )

—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)	a license is issued under section 45 (1) (b)
—the hen quota of the licensee remains unchanged;
(c)	a license is issued under section 45 (1) (c)

( i )—the hen quota of the licensee after the issue of the license is the reduced hen quota approved pursuant to the application;

(d) a license is issued pursuant to section 45

the hen quota equal to the reduction effected
after the issue of the license is the total of ( 1 ) (c) ( i i )—the hen quota of the licensee
under paragraph (c) and the hen quota, if any, of the licensee immediately before the issue of the license; or
(e)	a license is issued pursuant to section 45

( 1 A ) — t h e hen quota of the licensee after the issue of the license is the total of the hen quota of the person who was the holder of the license which was surrendered in

S C H E D U L E 4—continued.

A M E N D M E N T S TO PART V I I OF THE EGG INDUSTRY

STABILISATION A C T , 1971—cont inued.

connection with the application and the hen quota, if any, of the licensee immediately before the issue of the license.

(2 ) A license issued under section 4 5 shall, subject to section 4 7 A , specify the hen quota of the licensee determined in accordance with subsection

( 1 ) .

( 4 ) Section 4 7 A —

After section 4 7 , inser t :—

( 1 ) The Licensing Committee shall not issue a license under section 4 5 unless any license which has not taken effect and which was issued under section 30 ( 4 ) to a person making the application for, or who is issued with, the license under section

4 7 A .

4 5 is surrendered to the Licensing Committee and the

Licensing Committee cancels the surrendered license.

(2) The hen quota specified in a license

issued under section 4 5 ( 1 ) ( a ) , ( 1 ) (b ) or ( 1 A ) upon the cancellation of a license under subsection

(1 )	shall—
(a) in respect of the period before the day that

the cancelled license would, but for sub­ section ( 1 ) , have taken effect—be the hen quota determined in accordance with section 4 7 ; and

S C H E D U L E 4—continued.

A M E N D M E N T S	TO PART V I I OF THE EGG INDUSTRY
STABILISATION A C T ,	1971—continued.

(b) in respect of the period on and after that

day—be the total of the hen quota specified in the cancelled license of the person mak­ ing the application for the license under section 4 5 and the hen quota, if any, of the licensee specified in his cancelled license.

(3) The hen quota specified in a license issued under section 4 5 ( 1 ) (c) (i) upon the can­ cellation of a license under subsection ( 1 ) shall—

(a) in respect of the period before the day that

the cancelled license would, but for sub­ section ( 1 ) , have taken effect—be the hen quota determined in accordance with sec­ tion 4 7 ; and

(b) in respect of the period on and after that

day—be the hen quota specified in the can­ celled license of the licensee reduced by the same proportion that the hen quota of the licensee is reduced before that day pursuant

to the application approved under section

4 5 ( 1 ) ( c ) .

( 4 ) The hen quota specified in a license

issued under section 4 5 ( 1 ) (c) (ii) upon the can­

cellation of a license under subsection ( 1 ) shall—

(a) in respect of the period before the day that

the cancelled license would, but for sub­ section ( 1 ) , have taken effect—be the hen quota determined in accordance with section 47 ; and

S C H E D U L E 4—continued.

A M E N D M E N T S TO PART V I I OF THE EGG INDUSTRY

STABILISATION A C T , 1971—continued.

(b) in respect of the period on and after that

day—be the total of the hen quota equal to the reduction effected under subsection (3) (b) and the hen quota, if any, of the licensee specified in his cancelled license.

SCHEDULE 5.

A M E N D M E N T S TO PART I X OF THE EGG INDUSTRY

STABILISATION A C T , 1971.

(1 ) Section 4 9 —

Omit "and the Review Committee".

(2 ) Section 5 1 —

Omit the section.

(3 ) (a) Section 52 (2) ( b ) —

Omit "forward", insert instead "deliver".

(b ) Section 52 ( 4 ) —

Omit "forwarded under paragraph (b) of sub­ section two of this section", insert instead

"delivered under subsection (2 ) ( b ) " .

S C H E D U L E 5—continued.

A M E N D M E N T S TO PART I X OF THE EGG INDUSTRY

STABILISATION A C T , 1971—cont inued.

(4 ) (a ) Section 53 ( 1 ) , ( 3 ) —

Omit "or the Review Committee" wherever occurring.

(b ) Section 53 ( 2 ) —

Omit "or the Review Committee, as the case may

be,".

(c) Section 53 ( 3 ) —

Omit "or reviewed his base quota, as the case may be,".

(5 ) Section 5 4 —

Omit "to the Licensing Committee or Review

Committee".

(6 ) (a ) Section 56 ( 1 ) —

Omit "or the Review Committee shall not exercise his vote at a meeting of the committee of

which he is a member", insert instead "shall not

exercise his vote at a meeting of the Licensing
Committee".

(b) Section 56 ( 2 ) —

Omit the subsection, insert instead : —

(2) A member of the Licensing Committee shall leave a meeting of the Licensing Committee during any discussion on a matter in respect of which he is, by subsection ( 1 ) , disqualified from voting.

SCHEDULE 5—continued.

A M E N D M E N T S TO PART IX OF THE EGG INDUSTRY

STABILISATION A C T , 1971—cont inued.

( 7 ) ( a ) Section 5 7 —

Omit "after the end of each licensing season or, where a date is prescribed for the purposes of this section, as soon as practicable after the day so prescribed", insert instead "after 30th June in each year".

(b ) Section 5 7 —

Omit "during that licensing season".

( 8 )	Section 6 1 A —
After section 6 1 , insert :—
6 1 A . In any proceedings for an offence against this Act, a certificate purporting to be signed by the Chairman of the Licensing Committee and certifying that—

(a) a specified person is not, or at any time specified in the certificate was not, the holder of a license;

(b) a license or permit under Part VIII is, or at

any time specified in the certificate was,

subject	to	specified	conditions	or
restrictions;

(c)	a license or permit under Part VIII relates to a specified place; or
(d)	a specified person's hen quota is, or at any time specified in the certificate was, a specified number,

shall be admissible and be evidence of the matters
specified in the certificate.

SCHEDULE 5—continued.

A M E N D M E N T S TO PART I X OF THE EGG INDUSTRY

STABILISATION A C T , 1971—continued.

(9) Section 62 (1) ( a ) —

Omit ", the Licensing Committee or the Review Committee", insert instead "or the Licensing Committee".