Laying Chicken Levy Act 1988 (Cth)

Laying Chicken Levy Act 1988

REPRINT No. 2

Consolidated to 7 April 1997

Contents

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An Act to impose a levy in respect of laying chickens

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1Short title [see Note 1]

This Act may be cited as the Laying Chicken Levy Act 1988.

2Commencement [see Note 1]

1. (1)

   This Act commences on a day to be fixed by Proclamation.

2. (2)

   The day fixed by Proclamation for the purposes of subsection (1) shall not be a day earlier than the day recommended to the Minister by the Australian Council of Egg Producers.

3AInterpretation

1. (1)

   In this Act, unless the contrary intention appears:

AAHC means the Australian Animal Health Council Limited, A.C.N. 071‑890‑956;

chicken means a chicken hatched from the egg of a domesticated fowl;

hatchery means a hatchery where chickens are hatched for commercial purposes;

laying chicken means a female chicken that is to be raised for the production of eggs.

1. (2)

   Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.

3BNominal groups of 100 chickens

For the purposes of this Act, where, in accordance with the practice of the poultry industry, the proprietor of a hatchery treats a number of chickens, being a number not exceeding 106, as 100 chickens, that number of chickens will be taken to be 100 chickens.

4Imposition of levy

Subject to this Act, levy is imposed in respect of laying chickens hatched after the commencement of this Act.

5Exemption—less than 1,000 chickens hatched in a year

Where, in a particular financial year, less than 1,000 laying chickens are hatched at a hatchery, levy is not payable in respect of the laying chickens hatched at that hatchery in that year.

6Exemption—chickens that die or are destroyed within 48 hours

Levy is not payable in respect of laying chickens that die, or are destroyed, at the hatchery at which they were hatched within 48 hours after being hatched.

7Rate of levy

The rate of levy is an amount in respect of each laying chicken equal to the sum of:

1. (a)

   such amount, not exceeding 10 cents as is prescribed for the purposes of this paragraph; and

2. (b)

   0.21 cent or, if another amount, not more than 0.33 cent, is prescribed, the other amount (for the purpose of funding the AAHC).

8By whom levy payable

Levy in respect of laying chickens is payable by the producer of the chickens.

9Regulations

1. (1)

   The Governor-General may make regulations for the purposes of section 7.

2. (2)

   Regulations shall not be made prescribing an amount for the purposes of paragraph 7 (a) unless the Australian Egg Industry Association Incorporated or, if another body is declared by the Minister to be the body representing the Australian egg industry, the body so declared has made a recommendation to the Minister with respect to the amount to be prescribed for the purposes of that paragraph.

3. (3)

   Before making regulations prescribing an amount for the purposes of paragraph 7(b), the Governor-General must take into consideration any recommendations about the amount to be prescribed made to the Minister by:

   1. (a)

      the Australian Egg Industry Association Inc.; or

   2. (b)

      if a declaration is in force under subsection (3A), the body specified in the declaration.

4. (3A)

   The Minister may, by notice published in the Gazette, declare a body specified in the notice to be the body representing the Australian egg industry for the purposes of this section.

5. (4)

   Regulations shall not be made for the purposes of paragraph 7 (a) or (b) prescribing an amount that is greater than the amount recommended.

NOTE

1. The Laying Chicken Levy Act 1988 as shown in this Reprint comprises Act No. 16, 1988 amended as indicated in the Talbes below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Laying Chicken Levy Act 1988	16, 1988	11 May 1988	1 July 1990 (see Gazette 1990, No. S129)
Laying Chicken Levy Amendment Act 1989	126, 1989	7 Nov 1989 90,	1 July 1990 (see s. 2 and Gazette 1990, No. S129	–
Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991	26, 1991	1 Mar 1991	1 July 1991 (see s. 2)	–
Primary Industries and Energy Legislation Amendment Act (No. 1) 1996	18, 1996	28 June 1996	Schedule 5: Royal Assent (a)	–
Laying Chicken Levy Amendment (AAHC) Act 1996	49, 1996	25 Oct 1996	25 Oct 1996	Sch. 1 (item 5)

(a) The Laying Chicken Levy Act 1988 was amended by Schedule 5 only of the Primary Industries and Energy Legislation Amendment Act (No. 1) 1996, subsection 2 (1) of which provides as follows:

“(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.”

Table of Amendments

ad. = added or inserted

am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

S. 3...........................................

rep. No. 26, 1991

S. 3A.........................................

ad. No. 26, 1991

am. No. 49, 1996

S. 3B.........................................

ad. No. 26, 1991

S. 7...........................................

rs. No. 126, 1989

am. No. 49, 1996

S. 8...........................................

am. No. 26, 1991

S. 9...........................................

am. No. 126, 1989; Nos. 18 and 49, 1996

S. 10.........................................

ad. No. 126, 1989

rep. No. 49, 1996