Primary Industries Levies and Charges Collection (Laying Chicken) Regulations (Cth)

Statutory

Rules1991No. 182 1

__________________

Primary Industries Levies and Charges Collection (Laying Chicken) 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, make the following Regulations under the Primary Industries Levies and Charges Collection Act 1991.

 Dated 27 June 1991.

  BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

R. McMULLAN

Parliamentary Secretary to the Treasurer

for and on behalf of the

Minister of State for Primary Industries and Energy

____________

Citation

 1.These Regulations may be cited as the Primary Industries Levies and Charges Collection (Laying Chicken) Regulations.

Incorporation

2. The Primary Industries Levies and Charges Collection Regulations are incorporated and must be read as one with these Regulations.

Interpretation

3.

In these Regulations, unless the contrary intention appears:

“levy” means levy imposed on laying chickens under the Levy Act;

“Levy Act” means the Laying Chicken Levy Act 1988;

“levy year” means a levy year prescribed under regulation 4.

Levy year

4. For the purposes of the definition of “levy year” in subsection 4 (1) of the Collection Act, a financial year is the prescribed period in relation to laying chickens.

Producer of laying chickens

5.

(1)  Laying chickens are prescribed for the purposes of the paragraph (e) of the definition of “producer” in subsection 4 (1) of the Collection Act.

 (2) The proprietor of the hatchery where the laying chickens are hatched is taken to be the producer of the laying chickens for the purposes of paragraph (e) of the definition of “producer” in subsection 4 (1) of the Collection Act.

When is levy due for payment?

6.

For the purposes of section 6 of the Collection Act, levy on laying chickens is due for payment on the last day for lodging a return in relation to the chickens.

[NOTE:  For penalty, see section 15 of the Collection Act]

Nominal group of chickens

7. For the purposes of these regulations, if, in accordance with the practice of the poultry industry, the producer treats a number of laying chickens, being a number not exceeding 106, as 100 laying chickens, that number of laying chickens is taken to be 100 laying chickens.

Who must lodge a return?

8. (1)  A producer who is liable to pay levy on laying chickens must lodge a return.

[NOTE:For penalty, see section 24 of the Collection Act]

(2) A return must:

• (a)

  set out all the particulars referred to in subregulation (3) that are applicable to the producer; and

• (b)

  include a declaration, signed by the producer, that the particulars set out in the return are correct in every material particular; and

• (c)

  be lodged at the office of the Secretary of the Department in Canberra.

(3) The particulars to be included in a return are:

• (a)

  the full name and business address, not being the address of a post office box or a post office bag, of the hatchery; and

• (b)

  the producer’s full name and business address or residential address; and

• (c)

  if the producer has a post office box address or a post office bag address—that address; and

• (d)

  the month or months to which the return relates; and

• (e)

  the number of laying chickens hatched at the hatchery in that month or those months; and

• (f)

  the number of laying chickens that died, or were destroyed, at the hatchery in the month or months within 48 hours of being hatched; and

• (g)

  the number of laying chickens on which levy is payable for the month or months; and

• (h)

  the total amount of levy payable for the laying chickens.

When must a return be lodged?

9. (1)  A return for the first 1,000 laying chickens hatched in a levy year must be lodged within 2 months after the end of the month in which the 1,000th chicken was hatched.

 (2) A return for any other chickens hatched in that levy year must be lodged within 2 months after the end of the month in which the chickens were hatched.

Records to be kept

10. A producer must keep records showing for each month:

• (a)

  the number of eggs set in incubators at the hatchery; and

• (b)

  the number of laying chickens hatched at the hatchery; and

• (c)

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

• (d)

  the number of laying chickens on which levy was payable; and

• (e)

  the total amount of levy that was paid for the chickens.

• Penalty:

  $1,000.

 (2) The records must be retained by the producer for 5 years after the date on which the producer is required to lodge a return for the respective laying chickens.

Penalty:

$1,000.

____________________________________________________________

NOTE

1. Notified in the Commonwealth of Australia Gazette