Laying Chicken Levy Collection Regulations (Cth)

Statutory Rules 1990 No. 1211

–––––––

Laying Chicken Levy Collection Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Laying Chicken Levy Collection Act 1988.

Dated 29 May 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

J. KERIN

Minister of State for

Primary Industries and Energy

–––––––––

Citation

1. These Regulations may be cited as the Laying Chicken Levy Collection Regulations.

Interpretation

2. In these Regulations, unless the contrary intention appears:

“proprietor” means the proprietor of a hatchery at which laying chickens are hatched;

“the Act” means the Laying Chicken Levy Collection Act 1988.

Manner of payment of levy

3. Levy, amounts on account of levy and other amounts payable to the Commonwealth under the Act must be paid to the Collector of Public Moneys at the office of the Department in Canberra.

 

Monthly returns

4. (1) When required to do so under section 13 of the Act, a proprietor must give a return to the Secretary or an authorised person:

(a) for the first 1,000 laying chickens hatched at a hatchery in a financial year—by the end of the second month after the month in which the thousandth chicken was hatched; and

(b) for each subsequent laying chicken hatched at a hatchery in the financial year—by the end of the second month after the month in which the chicken was hatched.

(2) A return must contain the following particulars:

(a) the full name and address of the hatchery; and

(b) the full name and business or residential address, not being a post office box or bag, of the proprietor; and

(c) if the proprietor uses another address as his or her postal address—that address; and

(d) the month or months to which the return relates; and

(e) the number of laying chickens hatched; and

(f) the number of laying chickens that died, or were destroyed, at the hatchery within 48 hours of being hatched; and

(g) the difference between the numbers required under paragraphs (e) and (f); and

(h) the total amount of levy payable under the Act in respect of the laying chickens; and

(i) a declaration, signed by the proprietor or by his or her authorised agent, stating that the information in the return is true.

Records to be kept

5. A proprietor must keep records showing, for each month:

(a) the number of eggs that were used for hatching chickens; and

(b) the number of laying chickens hatched; and

(c) the number of laying chickens that died, or were destroyed, at the hatchery within 48 hours of being hatched; and

(d) the difference between the numbers required under paragraphs (b) and (c); and

(e) the total amount of levy that was paid under the Act in respect of the laying chickens.

Penalty: $500.

Authorised agent

6. Where a proprietor who is required to give a return appoints a person to be his or her authorised agent for the purpose of signing the declaration contained in that return, the appointment must:

(a) be in accordance with the form in Schedule 1; and

(b) be lodged at the office of the Department in Canberra.

Execution of documents

7. Where a declaration in a return or an appointment of an authorised person is required to be signed by a person, body corporate or partnership, it may be signed:

(a) in the case of an individual—by any other person authorised by him or her in writing to act on his or her behalf in matters that include matters arising under these Regulations; or

(b) in the case of a body corporate—by a director, secretary or principal officer of the body corporate or by a person authorised in writing under the rules of the body corporate to act on behalf of the body corporate in matters that include matters arising under these Regulations; or

(c) in the case of a partnership—by one of the partners or by a person authorised in writing under the rules of the partnership to act on behalf of the partnership in matters that include matters arising under these Regulations.

Form of warrant to enter premises

8. For the purposes of section 10 of the Act, a warrant may be in the form in Schedule 2.

Repeal of Egg Industry Research (Hen Quota) Levy Collection Regulations

9. Statutory Rules 1987 No. 192 are repealed.

––––––––––

SCHEDULE 1Regulation 6

COMMONWEALTH OF AUSTRALIA

LAYING CHICKEN LEVY COLLECTION REGULATIONS

APPOINTMENT OF AUTHORISED AGENT

To the Secretary to the Department of Primary Industries and Energy

*I/*We (full name and business or residential address, not being a post office box or bag, of the proprietor of the hatchery) hereby appoint (full name, occupation and business or residential address, not being a post office box or bag, of the person to be appointed)to be an authorised agent for the purpose of signing on *my/*our behalf any declaration required under the Laying Chicken Levy Collection Regulations to be provided by *me/*us.

Dated 19

(Signature of person appointing the authorised agent, or, where that person is a body corporate, the signature and designation of a director, secretary or principal officer of the body corporate, or, where the persons appointing the authorised agent are in partnership, the signature of one of the partners and the word “Partner”)

Dated 19

(Signature of authorised agent)

* Omit if not applicable.

––––––––––

SCHEDULE 2 Regulation 8

COMMONWEALTH OF AUSTRALIA

LAYING CHICKEN LEVY COLLECTION REGULATIONS

WARRANT UNDER SECTION 10 OF THE LAYING CHICKEN LEVY COLLECTION ACT 1988

To: (name of person), an authorised person for the purposes of section 9 of the Laying Chicken Levy Collection Act 1988.

I, , Magistrate, being satisfied, on an application under section 10 of the Act, in relation to premises at (full address of the premises), by information on *oath/*affirmation:

(a) that there is reasonable ground for believing:

* that eggs to be used for the hatching of laying chickens are kept on those premises;

* that laying chickens are hatched on those premises;

* that laying chickens less than 1 month old are kept on those premises;

* that there are examinable documents on those premises; and

(b) that the issue of this warrant is reasonably required for the purposes of that Act;

HEREBY AUTHORISE you to enter those premises:

(c) with such assistance and by such force as is necessary and reasonable; and

(d) *during the hours of (time and date) or *at any time;

for the purposes of exercising the powers of an authorised person under subsection 9 (3) of that Act during the period beginning on (date) and ending on (date).

Dated 19 .

Magistrate

* Omit if not applicable.

 

NOTE

1. Notified in the Commonwealth of Australia Gazette