Meat Chicken Levy Collection Act 1969

Legislation au C1969A00037 Not in force Act

Legislation content

Meat Chicken Levy Collection

No. 37 of 1969

An Act relating to the Collection of Levy under the Meat Chicken Levy Act 1969.

[Assented to 14 June 1969]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

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

Commencement.

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

Definitions.

3. In this Act, unless the contrary intention appears—

“hatchery” means a hatchery where chickens are hatched for commercial purposes;

“levy” means levy imposed by the Meat Chicken Levy Act 1969;


“the Secretary” means the Secretary to the Department of Primary Industry.

Due date of payment.

4.—(1.) Subject to the next succeeding sub-section, an amount of levy in respect of a meat chicken is payable upon the expiration of two months after the last day of the month in which the chicken was hatched.

(2.) The Secretary may defer the time for payment of the amount of levy payable in respect of meat chickens hatched at a hatchery in a year to which this section applies until twenty thousand meat chickens, being chickens in respect of which levy is payable, have been hatched at that hatchery in that year.

(3.) In the last preceding sub-section, “year to which this section applies” means the year commencing on the date of the commencement of this Act and each succeeding year.

Penalty for non-payment.

5.—(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.

(2.) The Minister, or 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.

Recovery of levy.

6.—(1.) An amount of levy that is payable, and an amount that is payable by way of penalty under the last preceding section, may be recovered by the Commonwealth as a debt due to the Commonwealth.

(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.

Information as to hatcheries.

7.—(1.) Where a person is, at the commencement of this Act, carrying on business as the proprietor of a hatchery, he shall, within fourteen days after the commencement of this Act, inform the Secretary in writing that he is so carrying on business and shall furnish to the Secretary such particulars with respect to the hatchery as the Secretary requires.

(2.) A person who, after the commencement of this Act, commences to carry on business as the proprietor of a hatchery shall, within fourteen days after so commencing, inform the Secretary in writing that he has so commenced to carry on business and shall furnish to the Secretary such information with respect to the hatchery as the Secretary requires.

Penalty: Three hundred dollars.


Offences.

8.—(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.

Access to premises, books, &c.

9.—(1.) For the 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 hatchery, or any place of business in which that person has reason to believe there are any books, documents or other papers relating to—

(i) eggs to be used for the hatching of chickens;

(ii) the hatching of chickens; or

(iii) chickens less than one month old;

(b) search for any such books, documents or other papers in any such hatchery or place of business; and

(c) 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: Two hundred dollars.

Nominal groups of 100 chickens.

10. Where, in accordance with the practice of the poultry industry, the proprietor of a hatchery treats a number of chickens, being a number not exceeding one hundred and six, as one hundred chickens, that number of chickens shall, for the purposes of the Meat Chicken Levy Act 1969 and of this Act, be deemed to be one hundred chickens.

Regulations.

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 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;

(b) requiring persons to keep records relating to eggs to be used for hatching chickens, the hatching of chickens and chickens less than one month old;

(c) requiring the proprietors of hatcheries to furnish returns or information relating to hatcheries to such persons as are prescribed; and

(d) prescribing penalties not exceeding a fine of Two hundred dollars for offences against the regulations.

Overview

The Meat Chicken Levy Collection Act 1969 was enacted to facilitate the collection and management of a levy imposed under the Meat Chicken Levy Act 1969. This Act was brought into force by the Parliament of the Commonwealth of Australia with the aim of ensuring the efficient administration and enforcement of the levy on meat chickens. The primary objective is to streamline the process of levy collection, providing a clear framework for the payment, deferral, and enforcement of the levy, as well as the recovery of unpaid amounts and penalties. This legislative framework is designed to support the financial operations of the poultry industry while ensuring compliance with the specified regulatory requirements. The Act outlines the procedures for the timely payment of the levy, the consequences of non-payment, and the mechanisms for recovery and enforcement. Additionally, it mandates the reporting and record-keeping requirements for hatchery operators, ensuring that all relevant information is accurately and promptly provided to the relevant authorities. The provisions also include penalties for non-compliance and offences related to the furnishing of incorrect or misleading information, as well as the granting of authorisations for accessing and inspecting hatchery records and premises. Through these provisions, the Act seeks to maintain the integrity and efficiency of the levy collection process.

Scope and Application

The Meat Chicken Levy Collection Act 1969 applies to individuals and entities engaged in the commercial hatching of chickens in Australia, specifically targeting hatcheries that are defined as establishments where chickens are hatched for commercial purposes. The Act’s reach is national, operating under the Commonwealth jurisdiction, and it serves to enforce the collection of a levy imposed by the Meat Chicken Levy Act 1969. The levy is payable upon the expiration of two months after the last day of the month in which the chicken was hatched, with provisions allowing the Secretary to defer payment until a specified number of chickens have been hatched. The Act outlines penalties for non-payment, including a penalty of ten per centum per annum on the unpaid levy. Additionally, it provides for the recovery of the levy as a debt due to the Commonwealth and imposes fines for offences related to non-compliance, such as failing to furnish required information or providing false or misleading information. The Act also allows for authorised persons to access hatcheries and relevant documents to ensure compliance. The Act does not specify exclusions or exemptions but provides for the making of regulations that may further define the scope of the Act’s application.

Key Provisions

The Meat Chicken Levy Collection Act 1969 (the "Act") provides the legal framework for the collection and payment of the levy on meat chickens. Under Section 4, the levy becomes payable two months after the last day of the month in which the chicken was hatched. The Secretary has the discretion to defer the payment date until a total of 20,000 meat chickens have been hatched at a particular hatchery in any given year, as per Section 4(2). This section applies to each year from the date of the Act's commencement, as defined in Section 4(3). Section 5 imposes a penalty on persons who fail to pay the levy by the specified due date. This penalty is calculated at ten per centum per annum on the outstanding levy amount from the date it became payable. The Minister, or an authorized person, has the discretion to remit all or part of the penalty in a particular case if deemed appropriate. The Act outlines several obligations and requirements for the entities it governs. Under Section 7, proprietors of hatcheries must inform the Secretary within 14 days of either commencing business as a hatchery proprietor or continuing to operate as one if they were already in business at the Act's commencement. These proprietors must also furnish any particulars about the hatchery as required by the Secretary. Section 8 prohibits proprietors from failing to provide required returns or information, or from providing false or misleading information. Section 9 grants authorized persons the authority to enter hatcheries and other relevant premises to inspect and copy books, documents, and other papers related to the hatching of chickens or the care of chickens less than one month old. The Act stipulates various penalties for non-compliance. Section 7 imposes a penalty of three hundred dollars on anyone who fails to notify the Secretary about their hatchery business within the required timeframe. Section 8 also imposes a penalty of three hundred dollars for failing to furnish required returns or information, or for furnishing false or misleading information. Additionally, Section 9 imposes a penalty of two hundred dollars for obstructing or hindering an authorized person from exercising their powers under the Act. These penalties reflect the importance of compliance with the Act's requirements and the potential consequences of non-compliance.

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Area of Law
Taxation Law
Instrument
Act
Concepts
Definitions & Interpretation
Offence Provisions
Penalty for non-payment
Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.