POULTRY INDUSTRY LEVY COLLECTION ACT 1965
- Reprinted as at 29 October 1966 (HISTACT2 CHAP 282 #DATE 29:10:1966)
POULTRY INDUSTRY LEVY COLLECTION ACT 1965-1966 - TABLE OF PROVISIONS
TABLE
POULTRY INDUSTRY LEVY COLLECTION ACT 1965-1966
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Due date for payment
5. Arrangements for collection of levy by State Egg Boards
6. Collection of levy by State Egg Boards
7. Audit Act does not apply to levy collected by State Egg Boards
8. Penalty for non-payment
9. Recovery of levy
10. Offences
11. Access to premises, books, &c.
12. Regulations
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POULTRY INDUSTRY LEVY COLLECTION ACT 1965-1966 - SECT. 1.
Short title.
SECT
1965.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Poultry Industry Levy Collection Act
1965-1966.*
POULTRY INDUSTRY LEVY COLLECTION ACT 1965-1966 - SECT. 2.
Commencement.
SECT
2. This Act shall come into operation on the first day of July, One thousand
nine hundred and sixty-five.
POULTRY INDUSTRY LEVY COLLECTION ACT 1965-1966 - SECT. 3.
Interpretation.
SECT
3. (1) In this Act, unless the contrary intention appears-
''levy'' means levy imposed by the Poultry Industry Levy Act 1965;
''the Council'' means The Council of Egg Marketing Authorities of
Australia;
''the State Egg Board'', in relation to a State, means-
(a) the authority constituted by or under a State Act of that State that
exercises powers and functions under that Act in relation to the marketing of
eggs; or
(b) if there is more than one such authority for the State-such one of
those authorities as is approved by the Minister for the purposes of this
Act.
(2) For the purposes of this Act, an amount of levy shall be deemed to have
been collected by the State Egg Board for a State if it is paid to the Board
under section 6 of this Act or an amount equal to the amount of the levy is
deducted by the Board under that section from moneys payable by the Board to a
person.
POULTRY INDUSTRY LEVY COLLECTION ACT 1965-1966 - SECT. 4.
Due date for payment.
SECT
4. (1) An amount of levy is payable upon the expiration of the prescribed
period after the day on which the levy is imposed.
(2) For the purposes of the last preceding sub-section, ''the prescribed
period'' is-
(a) if the owner of the hens in respect of which the levy is payable is
included in a class of owners in relation to which a period is specified in
the regulations-that period; and
(b) in any other case-fourteen days.
(3) Regulations shall not be made for the purposes of this section except on
the recommendation of the Council made to the Minister by the Council.
POULTRY INDUSTRY LEVY COLLECTION ACT 1965-1966 - SECT. 5.
Arrangements for collection of levy by State Egg Boards.
SECT
5. (1) For better securing the payment of levy, the Commonwealth may enter
into an arrangement with a State with respect to the collection of levy in
that State, on behalf of the Commonwealth, by the State Egg Board for that
State.
(2) Without prejudice to the generality of the last preceding subsection, an
arrangement under that sub-section with a State may provide for-
(a) the keeping by the State Egg Board for that State of accounts and
records in relation to amounts of levy collected by the Board;
(b) the payment by the State Egg Board to the Commonwealth of amounts of
levy collected by the Board;
(c) the furnishing by the State Egg Board to the Minister of information
with respect to amounts of levy collected by the Board and of amounts paid by
it to the Commonwealth; and
(d) the inspection and audit of the accounts and records kept by the State
Egg Board with respect to amounts of levy collected by the Board.
POULTRY INDUSTRY LEVY COLLECTION ACT 1965-1966 - SECT. 6.
Collection of levy by State Egg Boards.
SECT
6. (1) While an arrangement under the last preceding section between the
Commonwealth and a State is in force-
(a) payment of an amount of levy that is payable in respect of hens kept in
that State shall be made to the State Egg Board for that State; and
(b) the State Egg Board for that State may retain out of any moneys payable
by the Board to any person an amount not exceeding the amount of any levy that
the person is liable to pay.
(2) Where, under the last preceding sub-section, a person pays an amount of
levy to the State Egg Board for a State or an amount in respect of levy is
deducted by the State Egg Board for a State from moneys payable by the Board
to a person, the person is, to the extent of the amount so paid or deducted,
discharged from his liability to pay the levy to the Commonwealth.
POULTRY INDUSTRY LEVY COLLECTION ACT 1965-1966 - SECT. 7.
Audit Act does not apply to levy collected by State Egg Boards.
SECT
7. (1) The Audit Act 1901-1964 does not apply in relation to amounts of levy
collected by a State Egg Board.
(2) The last preceding sub-section shall not be construed as affecting the
operation of the Audit Act 1901-1964 in relation to moneys paid by the State
Egg Board for a State to the Commonwealth.
POULTRY INDUSTRY LEVY COLLECTION ACT 1965-1966 - SECT. 8.
Penalty for non-payment.
SECT
8. (1) Where the liability of a person to pay levy is not discharged at or
before the time when the levy is payable, there is payable by that person to
the Commonwealth, by way of penalty, in addition to the amount of the levy, an
amount calculated at the rate of ten per centum per annum upon the amount of
the levy from time to time remaining unpaid, to be computed from the time when
the levy became payable.
Substituted by No. 67, 1966, s. 3.
(2) The Minister, or, subject to the next succeeding sub-section, a person
authorized in writing by the Minister to grant remissions under this
sub-section, may, in a particular case, for reasons that the Minister or the
person, as the case may be, in his discretion thinks sufficient, remit the
whole or a part of an amount payable under this section.
Added by No. 67, 1966, s. 3.
(3) A remission granted under the last preceding sub-section by a person
other than the Minister shall not exceed One dollar.
POULTRY INDUSTRY LEVY COLLECTION ACT 1965-1966 - SECT. 9.
Recovery of levy.
SECT
9. (1) The following amounts may be recovered by the Commonwealth as debts
due to the Commonwealth:-
(a) an amount of levy that is payable;
(b) an amount payable by way of penalty under the last preceding section;
and
(c) an amount payable to the Commonwealth by the State Egg Board for a
State in pursuance of an arrangement entered into under section 5 of this
Act.
(2) In proceedings for the recovery of an amount referred to in the last
preceding sub-section, an averment or statement in the complaint, claim or
declaration of the plaintiff is evidence of the matter so averred or stated.
POULTRY INDUSTRY LEVY COLLECTION ACT 1965-1966 - SECT. 10.
Offences.
SECT
Sub-section (1) amended by No. 67, 1966, s. 4.
10. (1) A person shall not-
(a) fail or neglect duly to furnish a return or information that he is
required under the regulations to furnish; or
(b) furnish, in pursuance of the regulations, a return or information that
is false or misleading in a material particular.
Penalty: Three hundred dollars.
(2) A prosecution for an offence against this section may be commenced at
any time.
POULTRY INDUSTRY LEVY COLLECTION ACT 1965-1966 - SECT. 11.
Access to premises, books, &c.
SECT
Substituted by No. 67, 1966, s. 5.
11. (1) For purposes of this Act, a person authorized in writing by the
Minister to exercise powers under this section may, at all reasonable times
and on production of that authority-
(a) enter any building or place in which that person has reason to believe
there are-
(i) any hens kept for commercial purposes; or
(ii) any books, documents or other papers relating to the keeping of
chickens or hens for commercial purposes or the hatching of chickens;
(b) search for any hens or other domesticated fowls, and any such books,
documents or other papers, in any such building or place; and
(c) examine and count any such hens or other domesticated fowls and take
extracts from, or make copies of, any such books, documents or other papers.
(2) A person shall not, without reasonable excuse, obstruct or hinder a
person acting in pursuance of an authority under this section.
Penalty: One hundred dollars.
POULTRY INDUSTRY LEVY COLLECTION ACT 1965-1966 - SECT. 12.
Regulations.
SECT
Amended by No. 67, 1966, s. 6.
12. 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 or for facilitating the collection or recovery of
any debt due to the Commonwealth under this Act and, in particular-
(a) providing for the manner of payment of levy and other moneys payable to
the Commonwealth under this Act;
(aa) requiring persons to keep records relating to chickens or hens kept for
commercial purposes;
(b) requiring persons to furnish returns or information to such persons and
authorities, including the State Egg Board for a State, as are prescribed;
and
(c) prescribing penalties not exceeding a fine of Two hundred dollars for
offences against the regulations.
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POULTRY INDUSTRY LEVY COLLECTION ACT 1965-1966 - NOTE
NOTE
1. The Poultry Industry Levy Collection Act 1965-1966 comprises the Poultry
Industry Levy Collection Act 1965 as amended by the other Act specified in the
following table:
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Number Date of
Act and year Date of
Assent commencement
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Poultry Industry Levy
Collection Act 1965 No. 20, 1965 28 May 1965 1 July 1965
Poultry Industry Levy
Collection Act1966 No. 67, 1966 29 Oct 1966 29 Oct 1966
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