Meat Chicken Levy Act 1969 (Cth)
Consolidated as in force on 25 November 1999
(includes amendments up to Act No. 32 of 1999)
Prepared by the Office of Legislative Drafting
Attorney‑General’s Department, Canberra
Contents
This Act may be cited as the
Meat Chicken Levy Act 1969 .
This Act shall come into operation on the first day of July, One thousand nine hundred and sixty‑nine.
(1) In this Act, unless the contrary intention appears:
AAHC means the Australian Animal Health Council Limited, A.C.N. 071‑890‑956.
levy means levy imposed by this Act.
chicken means a chicken hatched from an egg of a domesticated fowl.
hatchery means a hatchery where chickens are hatched for commercial purposes.
meat chicken means a chicken that is to be raised as a meat chicken.
R&D authority means:
(a) where the levy is not attached to an R&D Corporation or R&D Fund under section 5 of the
Primary Industries and Energy Research and Development Act 1989 —the Chicken Meat Research Council established under subsection 11(1) of theRural Industries Research Act 1985 ; or(b) where the levy is attached to an R&D Corporation under section 5 of the
Primary Industries and Energy Research and Development Act 1989 —the R&D Corporation; or(c) where the levy is attached to an R&D Fund under section 5 of that Act—the R&D Council in respect of which the R&D Fund is established under that Act.
R&D Corporation has the same meaning as in thePrimary Industries and Energy Research and Development Act 1989 .
R&D Council has the same meaning as in thePrimary Industries and Energy Research and Development Act 1989 .
R&D Fund has the same meaning as in thePrimary Industries and Energy Research and Development Act 1989 .
(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 thePrimary Industries Levies and Charges Collection Act 1991 .
Subject to this Act, a levy is imposed in respect of meat chickens hatched after the commencement of this Act.
(1) Where, in a year to which this section applies, less than twenty thousand meat chickens are hatched at a hatchery, levy is not payable in respect of the meat chickens hatched at that hatchery in that year.
(2) In the last preceding subsection,
year to which this section applies means the year commencing on the date of commencement of this Act and each succeeding year.
(1) The rate of levy is an amount in respect of each meat chicken equal to the sum of:
(a) such amount, not exceeding one cent, as is prescribed for the purposes of this paragraph; and
(b) such amount, not more than 0.05 cent, as is prescribed (for the purpose of payment to the AAHC).
(2) Before making regulations prescribing an amount for the purposes of paragraph (1)(a), the Governor‑General shall take into consideration any recommendation with respect to the amount to be prescribed for the purposes of that paragraph made to the Minister by the R&D authority and regulations shall not be made prescribing an amount that is greater than the amount last recommended by the R&D authority to the Minister.
(3) Before making regulations prescribing an amount for the purposes of paragraph (1)(b), the Governor‑General must take into consideration any recommendations about the amount to be prescribed made to the Minister by:
(a) the Australian Chicken Meat Federation; or
(b) if a declaration under subsection (4) is in force, the body specified in the declaration.
The regulations must not prescribe an amount greater than the amount last recommended to the Minister by the Australian Chicken Meat Federation or the body specified in the declaration, as the case requires.
(4) The Minister may, by notice published in the
Gazette, declare a body specified in the notice to be the body representing the Australian chicken meat industry for the purposes of this section.
Levy in respect of meat chickens is payable by the proprietor of the hatchery in which the chickens were hatched.
Levy is not payable in respect of meat chickens that die, or are destroyed, at the hatchery at which they were hatched within forty‑eight hours after being hatched.
For the purposes of this Act, a chicken shall, unless the contrary is shown, be deemed to be a meat chicken if:
(a) it was fed and its sex was not determined before it was fed; or
(b) being a cockerel or being a hen that was hatched in a batch of chickens all or any of the cockerels in which were fed—it was fed and its sex was determined before it was fed.
The Governor‑General may make regulations for the purposes of section 7 of this Act.
The
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions | |
36, 1969 | 14 June 1969 | 1 July 1969 | |||
103, 1985 | 3 Oct 1985 | 3 Oct 1985 | Ss. 2(2) and 4‑10 | ||
24, 1986 | 13 May 1986 | 13 May 1986 | — | ||
133, 1989 | 7 Nov 1989 | 1 Jan 1990 ( | — | ||
17, 1990 | 17 Jan 1990 | Ss. 9, 26(2), 31(2), 36(2), 39(2), Part 3 (ss. 92‑121) and s. 156: 1 July 1990 Remainder: Royal Assent | — | ||
| |||||
| 43, 1996 | 25 Oct 1996 | Schedule 3 (item 44): 17 Jan 1990 | ¾ | |
26, 1991 | 1 Mar 1991 | 1 July 1991 ( | — | ||
44, 1991 | 27 Mar 1991 | 1 July 1991 | ¾ | ||
52, 1996 | 25 Oct 1996 | 25 Oct 1996 | ¾ | ||
32, 1999 | 14 May 1999 | Schedule 1 (items 63, 64): 1 July 1999 ( | Sch. 1 (item 64) | ||
(a) ThePrimary Industries and Energy Research and Development Act 1989 was amended by Schedule 3 (item 44) only of theStatute Law Revision Act 1996 , subsection 2(3) of which provides as follows:
(3) Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item received the Royal Assent.
| |
Provision affected | How affected |
S. 3 ......................................... | rep. No. 26, 1991 |
S. 4 ......................................... |
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S. 7 ......................................... |
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0
0
0