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

 

Statutory

Rules1991No. 181 1

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Primary Industries Levies and Charges Collection (Meat 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

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Citation

 1.These Regulations may be cited as the Primary Industries Levies and Charges Collection (Meat 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 meat chickens under the Levy Act;

“Levy Act” means the Meat Chicken Levy Act 1969;

“levy year” means a year prescribed in 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 meat chickens.

Producer of meat chickens

5.

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

 (2) The proprietor of the hatchery where the meat chickens are hatched is taken to be the producer of the meat 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 meat 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 meat chickens, being a number not exceeding 106, as 100 meat chickens, that number of meat chickens is taken to be 100 meat chickens.

Who must lodge a return?

8.

(1)   A producer who is liable to pay levy on meat 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 of the producer’s hatchery, not being the address of a post office box or a post office bag; 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 meat chickens hatched at the hatchery in that month or those months; and

• (f)

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

• (g)

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

• (h)

  the total amount of levy payable for the meat chickens.

When must a return be lodged?

9.

(1)  A return for meat chickens must be lodged within 2 months after the end of the month in which the chickens were hatched.

(2)

The Secretary may defer the time for lodging a return for meat chickens hatched at a hatchery in a levy year until 20,000 meat chickens on which levy is payable have been hatched at the hatchery in the levy year.

Records to be kept

 10.(1)  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 meat chickens hatched at the hatchery; and

• (c)

  the number of chickens, other than meat chickens, hatched at the hatchery; and

• (d)

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

• (e)

  the number of chickens hatched at the hatchery that were sold before they were 1 month old, the date of each sale and the name and address of each purchaser; and

• (f)

  the number of the chickens hatched at the hatchery that were disposed of, except by sale, before they were 1 month old and the method of disposal.

 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 meat chickens.

 Penalty:

$1,000.

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NOTE

 

1. Notified in the Commonwealth of Australia Gazette