Poultry Industry Levy Act 1965

Legislation au C1965A00019 Not in force Act

Legislation content

Poultry Industry Levy

No. 19 of 1965

An Act to levy Moneys in respect of Hens kept for Commercial purposes.

[Assented to 28 May, 1965]

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 Poultry Industry Levy Act 1965.

Commencement.

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

Collection Act to be read as one with this Act

3. The Poultry Industry Levy Collection Act 1965 shall be read as one with this Act.

Definitions.

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

“hen” means a female domesticated fowl that is not less than six months old;

“levy” means levy imposed by this Act;

“prescribed day” means the last day of each successive period of fourteen days after the date on which this Act comes into operation;

“the Council” means The Council of Egg Marketing Authorities of Australia.

Imposition of levy.

5. Subject to this Act, a levy is, on each prescribed day, imposed in respect of hens kept for commercial purposes on that day.

Rate of levy.

6.—(1.) The rate of levy is such amount in respect of each hen as is prescribed.

(2.) Before making any regulations for the purposes of the last preceding sub-section, the Governor-General shall take into consideration any recommendation with respect to the rate of levy made to the Minister by the Council, and regulations shall not be made prescribing a rate in excess of the rate last recommended by the Council to the Minister.

(3.) If the sum of the rate of levy for a prescribed day and the rates of levy for the preceding prescribed days occurring on or after the last preceding first day of July exceeds Ten shillings, levy is not imposed on that first-mentioned prescribed day or on any succeeding prescribed day occurring before the next following first day of July.

(4.) In the last preceding sub-section, “rate of levy”, in relation to a prescribed day, means the amount prescribed by the regulations made for the purposes of sub-section (1.) of this section that are in force on that day.

Levy payable by the owner.

7. Levy imposed by this Act in respect of a hen is payable by the owner of the hen.

Exemptions in respect of hens for home use and for the production of “broilers”.

8.—(1.) Levy is not payable by a person who, on the day on which the levy is imposed, does not own more than twenty hens.

(2.) Levy is payable by the owner of hens only in respect of such number of hens owned by him on the day on which the levy is imposed as exceeds the sum of twenty and a number ascertained in accordance with the formula where—

a is a number equal to the number of broiler breeder hens owned by him on that day;

b is a number equal to the number of eggs produced by broiler breeder hens owned by him during the period that is the prescribed period in relation to that day, being eggs that have been or are to be used, whether by him or by another person, for the purpose of hatching broiler chickens;

c is a number equal to the number of eggs produced by broiler breeder hens owned by him during the period that is the prescribed period in relation to that day.

(3.) In the last preceding sub-section—

“broiler breeder hen” means a hen used for the purpose of producing broiler chickens;

“broiler chicken” means a chicken to be used otherwise than for producing eggs;

“prescribed period”, in relation to a day on which levy is imposed, means—

(a) if that day is the thirtieth day of September, the thirty-first day of December, the thirty-first day of March or the thirtieth day of June—the period of three months ending on that day; or


(b) in any other case—the period of three months ending on the thirtieth day of September, the thirty-first day of December, the thirty-first day of March or the thirtieth day of June that last preceded that day.

Ownership of hens.

9.—(1.) An authorized person may, by instrument in writing, direct that any hens that, at any time while the instrument remains in force, are in the possession or control of a person but of which that person is not the owner shall, for the purposes of this Act, be deemed to be owned by that person, and the direction has effect accordingly.

(2.) In this section, “authorized person” means the Minister or a person authorized in writing by him to give directions under this section.

Prescribed exemptions.

10.—(1.) Levy is not imposed on hens included in a prescribed class of hens.

(2.) Before making any regulations for the purposes of the last preceding sub-section, the Governor-General shall take into consideration any recommendation with respect to the proposed regulations made to the Minister by the Council.

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.

 

Overview

The Poultry Industry Levy Act 1965 was enacted to establish a levy on hens kept for commercial purposes, with the goal of generating funds for the industry. This Act, assented to on 28 May 1965 and brought into operation on 1 July 1965, was passed by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The Act aims to impose a levy on hens kept for commercial purposes, with certain exemptions for smaller operations and hens used for specific purposes such as producing broilers. The levy is payable by the owner of the hens and is subject to recommendations by the Council of Egg Marketing Authorities of Australia, with the Governor-General considering these recommendations before making any regulations. The Act also provides for certain exemptions and the ability to direct ownership of hens in specific circumstances.

Scope and Application

The Poultry Industry Levy Act 1965 applies to the levy of funds in respect of hens kept for commercial purposes within the Commonwealth of Australia. The Act imposes a levy on each prescribed day on hens kept for commercial purposes, with the rate of the levy determined by regulations made under the Act, which cannot exceed the rate last recommended by the Council of Egg Marketing Authorities of Australia to the Minister. The levy is payable by the owner of the hens and certain exemptions apply, including for individuals owning up to twenty hens and hens used for the production of broiler chickens. The Act also provides for the ability to direct that hens in the possession or control of a person but not owned by them are deemed to be owned by that person for the purposes of the Act. The Governor-General may make regulations for carrying out or giving effect to this Act, with prescribed exemptions for certain classes of hens.

Key Provisions

The Poultry Industry Levy Act 1965 (sections 1 to 11) provides a framework for imposing a levy on hens kept for commercial purposes. The levy is imposed on a regular basis (section 5) and the rate is determined through regulations (section 6). Owners of hens are responsible for paying this levy (section 7). However, there are certain exemptions: individuals owning up to twenty hens are exempt from the levy (section 8(1)), and hens used for producing broiler chickens or their eggs are also exempt (section 8(2)). Additionally, hens in the possession of someone who is not their owner may be deemed as owned by that person under certain conditions (section 9). The Act also allows for prescribed exemptions through regulations (section 10). The Governor-General has the authority to make regulations necessary for implementing the Act (section 11). Under this Act, the owner of hens kept for commercial purposes is obligated to pay the levy as imposed (section 7). Owners must ensure that the number of hens for which they are liable for the levy is accurately calculated, taking into account any exemptions for hens used for producing broiler chickens (section 8). If hens are in the possession or control of someone other than the owner, the Act allows for these hens to be considered as owned by that person (section 9). Additionally, the Act imposes a duty on the Governor-General to consider recommendations from the Council of Egg Marketing Authorities of Australia when setting the rate of levy or making regulations (sections 6 and 10). Breaches of the Act may incur civil or administrative penalties, although the Act does not explicitly state specific penalties. However, failure to comply with the requirements of the Act, such as not paying the levy or incorrectly claiming exemptions, may result in legal action or other consequences as prescribed by relevant laws or regulations. The Act focuses primarily on the administrative and procedural aspects of levy imposition and collection, rather than explicitly detailing criminal or civil penalties for non-compliance.

Legal classification tags

Area of Law
Taxation Law
Instrument
Act
Concepts
Definitions & Interpretation
Imposition of levy
Exemptions & Exclusions

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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.