Poultry Industry Levy Act 1965 (Cth)

POULTRY INDUSTRY LEVY ACT 1965 [Note: This Act is "repealed" by Act No. 18 of 1996]
(#DATE 31:07:1981)

- Reprinted as at 31 July 1981

*1* The Poultry Industry Levy Act 1965 (a) as shown in this reprint comprises
Act No. 19, 1965 as amended by the other Acts specified in the following table:
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Application,
saving
Number Date Date of or
Act and year of Assent commencement transitional
provisions
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Poultry Industry
Levy Act 1965 19, 1965 28 May 1965 1 July 1965
Poultry Industry
Levy Act 1966 68, 1966 29 Oct 1966 29 Oct 1966 -
Poultry Industry
Levy Amendment Act
1979 20, 1979 30 Mar 1979 1 July 1979 -
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(a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.

POULTRY INDUSTRY LEVY ACT 1965 - TABLE OF PROVISIONS 
TABLE

                             TABLE  OF  PROVISIONS


Section

  1.        Short title

  2.        Commencement

  3.        Collection Act to be read as one with this Act

  4.        Interpretation

  5.        Imposition of levy

  6.        Rate of levy

  7.        Levy payable by the owner

  8.        Exemptions in respect of hens for home use and for the production
of ''broilers''

  9.        Ownership of hens

  10.       Prescribed exemptions

  11.       Regulations



                               -----------------

POULTRY INDUSTRY LEVY ACT 1965 - LONG TITLE 
SECT

     An Act to levy Moneys in respect of Hens kept for Commercial purposes

POULTRY INDUSTRY LEVY ACT 1965 - SECT. 1. 
Short title 
SECT

  1. This Act may be cited as the Poultry Industry Levy Act 1965.*1*


See notes to first article of this CHAPTER.

POULTRY INDUSTRY LEVY ACT 1965 - SECT. 2. 
Commencement 

Amended by No. 20, 1979, s. 4

SECT

  2. This Act shall come into operation on 1 July 1965.

POULTRY INDUSTRY LEVY ACT 1965 - SECT. 3. 
Collection Act to be read as one with this Act 
SECT

  3. The Poultry Industry Levy Collection Act 1965 shall be read as one with
this Act.

POULTRY INDUSTRY LEVY ACT 1965 - SECT. 4. 
Interpretation 

Amended by No. 20, 1979, s. 4

SECT

  4. In this Act, unless the contrary intention appears-



  ''hen'' means a female domesticated fowl that is not less than 6 months
old;



  ''levy'' means levy imposed by this Act;



  ''prescribed day'' means the last day of each successive period of 14 days
after the date on which this Act comes into operation;



  ''the Council'' means The Council of Egg Marketing Authorities of Australia.

POULTRY INDUSTRY LEVY ACT 1965 - SECT. 5. 
Imposition of levy 
SECT

  5. Subject to this Act, a levy is, on each prescribed day, imposed in
respect of hens kept for commercial purposes on that day.

POULTRY INDUSTRY LEVY ACT 1965 - SECT. 6. 
Rate of levy 
SECT

  6. (1) The rate of levy is such amount in respect of each hen as is
prescribed.


Amended by No. 20, 1979, s. 4


SECT

  (2) Before making any regulations for the purposes of sub-section (1), the
Governor-General shall take into consideration any recommendation with respect
to the rate of levy made to the Minister by the Council, and regulations shall
not be made prescribing a rate in excess of the rate last recommended by the
Council to the Minister.


Amended by No. 68, 1966, s. 3; No. 20, 1979, ss. 3 and 4


SECT

  (3) If the sum of the rate of levy for a prescribed day and the rates of
levy for the preceding prescribed days occurring on or after the last
preceding 1 July exceeds $2, levy is not imposed on that first-mentioned
prescribed day or on any succeeding prescribed day occurring before the next
following 1 July.


Amended by No. 20, 1979, s. 4


SECT

  (4) In sub-section (3), ''rate of levy'', in relation to a prescribed day,
means the amount prescribed by the regulations made for the purposes of
sub-section (1) that are in force on that day.

POULTRY INDUSTRY LEVY ACT 1965 - SECT. 7. 
Levy payable by the owner 
SECT

  7. Levy imposed by this Act in respect of a hen is payable by the owner of
the hen.

POULTRY INDUSTRY LEVY ACT 1965 - SECT. 8. 
Exemptions in respect of hens for home use and for the production of 
''broilers'' 

Sub-section (1) amended by No. 20, 1979, s. 4

SECT

  8. (1) Levy is not payable by a person who, on the day on which the levy is
imposed, does not own more than 20 hens.


Amended by No. 68, 1966, s. 4; No. 20; 1979, s. 4


SECT

  (2) Levy is payable by the owner of hens only in respect of such number of
hens owned by him on the day on which the levy is imposed as exceeds the sum
of 20 and a number ascertained in accordance with the



            ab formula    --- ,   where-             c   a is a number equal
to the number of broiler breeder hens owned by him on that day;



  b is a number equal to the number of eggs produced by broiler breeder hens
owned by him during the period that is the prescribed period applicable to him
in relation to that day, being eggs that have been or are to be used, whether
by him or by another person, for the purpose of hatching broiler chickens;



  c is a number equal to the number of eggs produced by broiler breeder hens
owned by him during the period that is the prescribed period applicable to him
in relation to that day.


Amended by No. 68, 1966, s. 4; No. 20, 1979, s. 4


SECT

  (3) In sub-section (2)-



  ''broiler breeder hen'' means a hen used for the purpose of producing
broiler chickens;



  ''broiler chicken'' means a chicken to be used otherwise than for producing
eggs.


Added by No. 68, 1966, s. 4; amended by No. 20, 1979, s. 4


SECT

  (4) For the purposes of sub-section (2), the period that is the prescribed
period applicable to an owner of hens in relation to a day on which levy is
imposed is-



  (a)  if, in accordance with the succeeding provisions of this section, this
paragraph applies to him in respect of that day-the period of 3 months
ending-



      (i)  where that day is 30 September, 31 December, 31 March or 30 June-on
that day; or



     (ii)  in any other case-on 30 September, 31 December, 31 March or 30 June
that last preceded that day; or



  (b)  if, in accordance with the succeeding provisions of this section, this
paragraph applies to him in respect of that day-the period of 2 weeks ending
on that day.


Added by No. 68, 1966, s. 4; amended by No. 20, 1979, s. 4


SECT

  (5) The owner of hens may, in accordance with the regulations, elect that
either paragraph (4) (a) or paragraph (4) (b) shall apply to him in respect of
a day specified in the election, being a day on which levy is imposed, and, in
that event, the paragraph so specified applies to him in respect of the day so
specified and in respect of each subsequent day on which levy is imposed,
other than the day specified in any further election made by him under this
sub-section or a day subsequent to the day so specified.


Added by No. 68, 1966, s. 4; amended by No. 20, 1979, s. 4


SECT

  (6) A person who has made an election under sub-section (5) specifying a day
on which levy is imposed is not entitled to make a further election under that
sub-section specifying a day included in the period of 12 months immediately
following that first-mentioned day.


Added by No. 68, 1966, s. 4; amended by No. 20, 1979, s. 4


SECT

  (7) Where a person has not made an election under sub-section (5), paragraph
(4) (a) applies to him in respect of each day on which levy is imposed.

POULTRY INDUSTRY LEVY ACT 1965 - SECT. 9. 
Ownership of hens 
SECT

  9. (1) An authorized person may, by instrument in writing, direct that any
hens that, at any time while the instrument remains in force, are in the
possession or control of a person but of which that person is not the owner
shall, for the purposes of this Act, be deemed to be owned by that person, and
the direction has effect accordingly.


  (2) In this section, ''authorized person'' means the Minister or a person
authorized in writing by him to give directions under this section.

POULTRY INDUSTRY LEVY ACT 1965 - SECT. 10. 
Prescribed exemptions 
SECT

  10. (1) Levy is not imposed on hens included in a prescribed class of hens.


Amended by No. 20, 1979, s.4


SECT

  (2) Before making any regulations for the purposes of sub-section (1), the
Governor-General shall take into consideration any recommendation with respect
to the proposed regulations made to the Minister by the Council.

POULTRY INDUSTRY LEVY ACT 1965 - SECT. 11. 
Regulations 
SECT

  11. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters required or permitted by this Act to be
prescribed or necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
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