Meat Chicken Levy Act 1969

Meat Chicken Levy Act 1969

Act No. 36 of 1969 as amended

Consolidated as in force on 25 November 1999

(includes amendments up to Act No. 32 of 1999)

[Note: This Act is repealed by No. 32 of 1999]

Prepared by the Office of Legislative Drafting
Attorney‑General’s Department, Canberra

Contents

1 Short title [see Note 1] 

2 Commencement 

4 Interpretation 

5 Imposition of levy 

6 Exemption of small hatcheries 

7 Rate of levy 

8 By whom levy payable 

9 Exemption of chickens that die etc. within 48 hours 

10 Unsexed and certain other chickens deemed to be meat chickens in absence of proof to contrary             

11 Regulations 

Notes 

An Act to Levy Moneys in respect of Meat Chickens

1  Short title [see Note 1]

  This Act may be cited as the Meat Chicken Levy Act 1969.

2  Commencement

  This Act shall come into operation on the first day of July, One thousand nine hundred and sixty‑nine.

4  Interpretation

 (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 the Rural 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 the Primary Industries and Energy Research and Development Act 1989.

R&D Council has the same meaning as in the Primary Industries and Energy Research and Development Act 1989.

R&D Fund has the same meaning as in the Primary 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 the Primary Industries Levies and Charges Collection Act 1991.

5  Imposition of levy

  Subject to this Act, a levy is imposed in respect of meat chickens hatched after the commencement of this Act.

6  Exemption of small hatcheries

 (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.

7  Rate of levy

 (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.

8  By whom levy payable

  Levy in respect of meat chickens is payable by the proprietor of the hatchery in which the chickens were hatched.

9  Exemption of chickens that die etc. within 48 hours

  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.

10  Unsexed and certain other chickens deemed to be meat chickens in absence of proof to contrary

  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.

11  Regulations

  The Governor‑General may make regulations for the purposes of section 7 of this Act.

Notes to the Meat Chicken Levy Act 1969

Note 1

The Meat Chicken Levy Act 1969 as shown in this reprint comprises Act No. 36, 1969 amended as indicated in the Tables below.

Table of Acts

(a) The Primary Industries and Energy Research and Development Act 1989 was amended by Schedule 3 (item 44) only of the Statute 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.

Table of Amendments