Marketing of Eggs Act Amendment Act 1975 (WA)

WESTERN AUSTRALIA.

MARKETING OF EGGS.

No. 37 of 1975.

AN ACT to amend the Marketing of Eggs Act, 1945-

1970.

[Assented to 16th May, 1975.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

t title

1. (1) This Act may be cited as the Marketing of Shorcitation. and

Eggs Act Amendment Act, 1975.

(2) In this Act the Marketing of Eggs Act, 1945- Vol. 17 of the Re printed

1970, is referred to as the principal Act.	Acts.
Approved

(3) The principal Act as amended by this Act may larkit

be cited as the Marketing of Eggs Act, 1945-1975.	11916=51
amended by
Acts Nos.
14 of 1960. 23 of 1965. 110 of 1969 and 114
of 1970.

No. 37.] Marketing of Eggs. [1975.

Commence-

This Act, or any provision of this Act, shall

come into operation on such date as is or such dates

as are, respectively, fixed by proclamation.

ment. 2.

Section 5 3.

Section 5 of the principal Act is amended by deleting the interpretation of the word "Minister".

amended.

Section 12

amended. 4. Subsection (2) of section 12 of the principal

Act is repealed.

Section 18 5. Section 18 of the principal Act is amended

amended.

(a)	by inserting after the word "buy", in line four, the passage ", lease"; and
(b)	by deleting the word "agents", being the last word of subsection (1), and substituting the following

agents;

(1) establish, maintain and contribute to a scheme to make financial pro- vision in respect of the retirement, invalidity or death of such officers and employees of the Board as become members of that scheme, or contribute to any such scheme con- trolled otherwise than by the Board;

(m) make loans or advances to officers and employees of the Board for the purpose of facilitating the purchase by such persons of motor vehicles to be utilised on the business of the Board. .

Section 32

amended. 6. Section 32 of the principal Act is amended, as to subsection (1), by deleting the words "periods of time as may be prescribed", in lines seven and eight of that subsection and substituting the words "period as the Board may determine".

1975.] Marketing of Eggs. [No. 37.

Section 32A

7. Section 32A of the principal Act is amended amended.

(a)	by deleting the interpretation of the term "first licensing year"; and
(b)	by deleting the interpretation of the term "licensing year".

Section 3213

8. Section 32B of the principal Act is repealed

repealed

and

and re-enacted with amendments as follows-	re-enacted.
Duration

32B. A license under this Part of this

and

conditions

Act shall take effect on the first day of January

of licenses.

and, unless sooner surrendered or cancelled,

shall remain in force for the calendar year.

Section 320

9. Section 32C of the principal Act is amended amended

(a) by deleting subsection (1) and substituting a new subsection as follows

(1) Not later than the thirty-first day of October in each year the Board shall cause to be published on at least two occasions in a newspaper circulating throughout the State a notice setting out the manner and form in which, and the date before which, applications are to be made to the Board for a license under this Part of this Act in respect of the licensing year then next ensuing. ; and

(b) as to subsection (3), by deleting the passage "paragraph (b) of", in lines six and Seven of that subsection.

Section 32E

10. Section 32E of the principal Act is amended— amended.

(a) as to subsection (2)-

(i) by inserting immediately after the word "subject", in line twelve of that subsection, the words "to section thirty-two G and"; and

No. 37.] Marketing of Eggs. [1975.

(ii) by deleting the passage "or, if the license is transferred to another person in accordance with this Part, that other person, as the case requires," in lines fourteen to sixteen of that subsection;

(b)	by deleting subsection (3);
(c)	by inserting a new subsection, to stand as subsection (3a), as follows

(3a) On the recommendation of the Board, regulations may be made under this Act prescribing the maximum num- ber of fowls which any person or associa- tion of persons may be licensed to keep, and such regulations may prescribe the principles upon which the Board shall determine whether or not any persons shall be regarded for the purposes of this subsection as constituting an association of persons. ; and

(d) as to subsection (4), by deleting the passage ", other than the first licensing year," in lines three and four of that subsection.

Section 32F

Section 32F of the principal Act is amended, as to subsection (2), by inserting after the word "and", in line eight of that subsection, the passage ", subject to section thirty-two G and to section thirty-two J of this Act,".

amended. 11.

Section 32FA	12. The principal Act is amended by inserting after section 32F a new section, to stand as section 32FA, as follows-
Reduction in

inserted.

authorised	32FA. Where the Board is of the opinion during any part of a licensing year will be in excess of the requirements of the Board, the Board may, with the approval of the Minister,
flocks,
during	that the number of eggs likely to be produced
licensing
year.

1975.] Marketing of Eggs. [No. 37.

by notice published in the Government Gazette, rateably reduce the number of fowls authorised to be kept during the licensing year by persons who are the holders of a license or supplemen- tary license under this Part of this Act, and thereupon each such license or supplementary license shall be deemed to have been so varied. .

Section 32G

13. Section 32G of the principal Act is amended.

amended

(a) as to subsection (1), by adding after the word "another", being the last word in the subsection, the words "either in its entirety or as to any part thereof";

(b) by deleting subsection (2); and

(c) by adding a new subsection as follows

(3) Where an application is made for the approval of the Board to the transfer of a license or a supplementary license otherwise than in its entirety the holder shall return that license to the Board on demand and the number of fowls which he is authorised to keep and is endorsed thereon shall be amended accordingly upon that transfer taking effect. .

Section 32K

14. Section 32K of the principal Act is amended amended.

by deleting the whole of the passage following the passage "Penalty:", in lines seventeen to twenty, and substituting a new passage as follows

For a first offence, a fine not exceeding three hundred dollars; for a second offence, a fine not exceeding five hundred dollars; and for a third or subsequent offence, a fine not exceeding one thousand dollars. .

No. 37.] Marketing of Eggs. [1975.

Seaton 32L

emended. 15. Section 32L of the principal Act is amended

(a) by deleting subsection (1) and substituting a new subsection as follows

(1) In this section

"breeding fowl" means a fowl which is kept for the purpose of producing hatching eggs;

"pullet" means a female domesti- cated fowl that has begun to lay but is less than six months of age. ; and

(b) by adding at the end thereof two new subsections as follows

(7) Any person who, for the purpose of selling the chickens or pullets to producers, hatches eggs or rears chickens or pullets shall

(a)	if so required by the Board by notice in writing keep a record of such sales and deliver to the Board in each month a return on the form provided by the Board for that purpose showing whether any or what number of chickens and pullets were sold during the previous month and the name and address of each purchaser; and
(b)	truthfully answer any question relating to any returns submit- ted to the Board or relating to the sale of chickens or pullets to licensed producers.

1975.] Marketing of Eggs. [No. 37.

(8) A producer who purchases or otherwise acquires any chickens, pullets, or fowls from any person shall

(a)	within fourteen days thereafter notify the Board in writing of the name and address of that person, the date of the purchase or acquisition, and the number and age of the chickens, pullets, or fowls involved; and
(b)	furnish to the Board such other information relevant to, or con- cerning, the transaction as the Board requires. .

Section 37

16. Section 37 of the principal Act is amended amended.

by deleting subsection (2) and substituting a new

subsection as follows

(2) Any person guilty of an offence against this Act for which no other penalty is expressly provided shall be liable to a fine not exceeding three hundred dollars. .

Section 39 of the principal Act is amended, as to subsection (3), by deleting the words "twenty pounds", in line two of that subsection, and substituting the words "one hundred dollars". Section 39 amended.

17.