Poultry Industry Levy Collection Regulations

STATUTORY RULES

1966 No.

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REGULATIONS UNDER THE POULTRY INDUSTRY LEVY COLLECTION ACT 1965-1966.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Poultry Industry Levy Collection Act 1965-1966.

Dated this third day of November, 1966.

CASEY

Governor-General.

By His Excellency’s Command,

Minister of State for Primary Industry.

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POULTRY INDUSTRY LEVY COLLECTION REGULATIONS

Citation.

1. These Regulations may be cited as the Poultry Industry Levy Collection Regulations.

Repeal.

2. The Poultry Industry Levy Collection Regulations, being Statutory Rules 1965, No. 79, are repealed.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“broiler breeder hen”, “broiler chicken” and “prescribed period” have the same respective meanings as in section 8 of the Poultry Industry Levy Act 1965-1966;

“hen” has the same meaning as in the Poultry Industry Levy Act 1965-1966.

Information to be furnished by owners of hens kept in a State.

4. An owner of hens kept for commercial purposes in a State shall, within two weeks after a day on which levy is imposed in respect of hens so kept, furnish, by notice in writing, to the State Egg Board for the State the following information:—

(a) the number of hens so kept by him on that day; and

(b) if any of those hens are broiler breeder hens—

(i) the number of broiler breeder hens so kept by turn on that day;

(ii) the number of eggs produced by broiler breeder hens so kept by him during the period that is the prescribed period in relation to that day; and

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* Notified in the Commonwealth Gazette on , 1966.

13154/66.—Price 10c (1s.) 10/27.10.1966

(iii) the number of eggs produced by broiler breeder hens so kept 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 another person, for the purpose of hatching broiler chickens.

Returns to be furnished by owners of hens kept in the Australian Capital Territory.

5. An owner of hens kept for commercial purposes in the Australian Capital Territory shall, within two weeks after a day on which levy is imposed in respect of hens so kept, furnish to the person for the time being occupying or performing the duties of the office of Senior Finance Officer in the Department of Primary Industry at Canberra, a return in accordance with the form in the First Schedule to these Regulations in respect of hens so kept by him on that day.

Signature on notices and returns.

6.—(1.) A notice referred to in regulation 4 of these Regulations and a return referred to in the last preceding regulation shall, subject to the succeeding provisions of this regulation, be signed by the owner of the hens.

(2.) If the owner of the hens is a company, the notice or the return, as the ease may be, shall be signed by a Director or the Secretary of the company or by a person authorized by the company to sign notices or returns on its behalf.

(3.) If two or more persons own the hens, the notice or return may be signed on their behalf by one of them.

Manner of furnishing notices or returns.

7.—(1.) A notice referred to in regulation 4 of these Regulations shall, in the case of hens kept in a State specified in the first column of the Second Schedule to these Regulations be furnished to the State Egg Board for that State—

(a) by posting (under pre-paid postage) the notice as a letter to the officer of the Board specified, and at the address specified, in the second column of that Schedule opposite to the name of that State; or

(b) by delivering it personally to an employee of the Board at the office of the officer specified, and at the address specified, in the second column of that Schedule opposite to the name of that State.

(2.) A return referred to in regulation 5 of these Regulations shall be furnished—

(a) by posting (under pre-paid postage) the return as a letter to the Senior Finance Officer, Department of Primary Industry, Canberra; or

(b) by delivering it personally to the person for the time being occupying, or performing the duties of, the office of Senior Finance Officer in the Department of Primary Industry at Canberra.

Evidentiary provisions.

8.—(1.) In this regulation, the appropriate officer in relation to the State Egg Board for a State is the officer of that Board specified in the second column of the Second Schedule to these Regulations opposite to the name of that State and includes the person for the time being performing the duties of such an officer.

(2.) The appropriate officer of the State Egg Board for a State may, for the purposes of this regulation, certify by instrument in writing under his hand—

(a) that, on a specified date, a specified person was the owner of hens kept for commercial purposes at a specified address in that State; and

(b) that the person whose name is specified in the certificate did fail to furnish, within two weeks after that specified date, to the State Egg Board for that State, the notice in writing required to be furnished by him under regulation 4 of these Regulations containing the information required to be furnished in respect of hens kept by him on that specified date.

(3.) An instrument purporting to be an instrument given for the purposes of this regulation—

(a) is evidence of the facts stated in the certificate; and

(b) shall, unless the contrary is proved, be deemed to have been signed by the person by whom it purports to have been signed.

(4.) If, in an instrument purporting to be an instrument given for the purposes of this regulation, the person by whom it purports to have been signed is described as the appropriate officer of the State Egg Board for a State, that person shall, unless the contrary is proved, be deemed to have been, on the date on which the instrument purports to have been signed, the appropriate officer of the State Egg Board for the State.

Evidentiary provisions.

9.—(1.) A reference in this regulation to the Senior Finance Officer in the Department of Primary Industry shall be read as including a reference to the person for the time being performing the duties of the office of Senior Finance Officer in the Department of Primary Industry.

(2.) The Senior Finance Officer in the Department of Primary Industry at Canberra may, for the purposes of this regulation, certify by instrument in writing under his hand—

(a) that, on a specified date, a specified person was the owner of hens kept at a specified address for commercial purposes in the Australian Capital Territory; and

(b) that the person whose name is specified in the certificate did fail to furnish, within two weeks after that specified date, to the Senior Finance Officer in the Department of Primary Industry, Canberra, the return required to be furnished by him under regulation 5 of these Regulations in respect of hens kept by him on that specified date.

(3.) An instrument purporting to be an instrument given for the purposes of this regulation—

(a) is evidence of the facts stated in the certificate; and

(b) shall, unless the contrary is proved, be deemed to have been signed by the person by whom it purports to have been signed.

(4.) If, in an instrument purporting to be an instrument given for the purposes of this regulation the person by whom it purports to have been signed is described as the Senior Finance Officer, in the Department of Primary Industry at Canberra, that person shall, unless the contrary is proved, be deemed to have been, on the date on which the instrument purports to have been signed, the Senior Finance Officer in the Department of Primary Industry at Canberra.

Payment of levy.

10. An amount of levy imposed in respect of hens kept for commercial purposes in the Australian Capital Territory is payable to the Senior Finance Officer, Department of Primary Industry, Canberra.

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THE SCHEDULES.

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FIRST SCHEDULE.

Regulation 5.

Commonwealth of Australia

Poultry Industry Levy Collection Act 1965-1966

RETURN OF HENS KEPT FOR COMMERCIAL PURPOSES IN THE AUSTRALIAN CAPITAL TERRITORY.

Name of Owner (s) of Hens................................................

Address of Owner......................................................

(a) Insert address at which fowls are kept. 

(b) Insert date in respect of which return is furnished.

(c) Insert number.

The number of female domesticated fowls that were not less than six months old owned by the above named and kept for commercial purposes at(a) in the Australian Capital Territory on Thursday the(b)

day of(b) , 19 , being a prescribed day for the purposes of the above mentioned Act, was(c)

* Strike out whichever is not applicable.

2.* I was not, on that date, the owner of any broiler breeder hens, that is to say, hens used for the purpose of producing chickens to be used otherwise than for producing eggs.

[OR]

2.* I was, on that date, the owner of broiler breeder hens, that is to say, hens used for the purpose of producing chickens to be used otherwise than for producing eggs.

I declare that the information contained in this return is true in every particular.

Declared at              this                                                day of                            , 19     .

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 (Signature.)

To:

The Senior Finance Officer,

Department of Primary Industry,

CANBERRA.

SECOND SCHEDULE. Regulation 8.

NAMES AND ADDRESSES OF APPROPRIATE OFFICERS OF STATE EGG BOARDS.

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By Authority: A. J Arthur, Commonwealth Government Printer, Canberra