Hen Quotas Act Amendment Act 1981 (Qld)

32 ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE No. 8 of 1981 An Act to amend the Hen QuotasAct 1973-1978 in certain particulars [ASSENTED TO 14TH APRIL, 1981]

Hen Quotas Act Amendment Act 1981, No. 8 33 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: 1. Short title and citation . (1) This Act may be cited as the Hen Quotas Act Amendment Act 1981. (2) In this Act the Hen Quotas Act1973-1978 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Hen Quotas Act1973-1981. 2. Amendment of s. 6. Interpretation . Section 6 of the Principal Act is amended by in the definition of " appropriate Board " omitting the words ", namely The Egg Marketing Board or The Central Queensland Egg Marketing Board, as the case may be " and substituting the words " known as eggs ". 3. Amendment of s. 41. Exemption of hens in certain cases. Section 41 of the Principal Act is amended by- (a) numbering the existing section as subsection (1); (b) in subsection (1) as so numbered omitting all the words following the words " any assessment or determination made " up to and including the words " under this Act," and substituting the words " for the purposes of this Act of the number of hens kept by any person "; and (c) inserting after subsection (1) as so numbered the following subsection- " (2) Without limiting the generality of subsection (1) an Order in Council made under that subsection may contain a condition relating to- (a) the number of hens or the number of hens of a particular class which may be kept by a person or a class of persons; or (b) the disposal of all or any of the eggs produced by the hens or class of hens specified in that Order in Council.". 4. Amendment of s. 47. Appeal. Section 47 of the Principal Act is amended by inserting after subsection (4) the following subsection:- " (4A) Where the Appeals Tribunal decides to vary or reverse the decision of the Committee it is competent for the Tribunal to make any determination or order that the Committee could have properly made under this Act.". 5. Amendment of s. 52 . No entitlement to sell or otherwise dispose of eggs unless quota exists. Section 52 of the Principal Act is amended by omitting the words "A person " and substituting the words " Except in accordance with the terms and conditions (if any) of an Order in Council under section 41 which is applicable to him or except with the prior approval of the Committee a person ". 6. Amendment of s. 53. Appropriate Board may refuse to accept eggs. Section 53 of the Principal Act is amended by omitting the word

34 Hen Quotas Act Amendment Act 1981, No. 8 "Notwithstanding" and substituting the words "Except where the contrary intention appears in an Order in Council under section 41 and notwithstanding ". 7. Amendment of s. 56. Offences and penalties . Section 56 of the Principal Act is amended by- (a) omitting subsection (1) and inserting the following subsections- (1) Any person who except with the prior approval of the Committee (proof whereof shall lie upon him)- (a) sells, or delivers or offers for sale eggs from hens which are not part of an egg producer's- (i) basic hen quota; (ii) adjusted hen quota; or (iii) temporary hen quota; or (b) keeps over quota hens, is guilty of an offence against this Act. Penalty: $1000. (IA) It is a defence for a person charged with an offence against paragraph (a) of subsection (1) to prove that at all relevant times he did not know and could not, in all the circumstances, have been reasonably expected to know that the eggs came from hens which were not part of an egg producer's basic hen quota, adjusted hen quota or temporary hen quota. "; and (b) renumbering the present subsection (IA) as subsection (1B). 8. Amendment of s. 60. Regulations . Section. 60 of the Principal Act is amended by in subsection (1)- (a) inserting after paragraph (k) the following paragraph- " (ka) prescribing the records to be kept for the purposes of this Act and the persons or classes of persons who shall keep those records; " and (b) in paragraph (m) inserting after the word " application " the word 11 , record ".