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Meat Chicken Levy Collection Act 1969

Act No. 37 of 1969 as amended, taking into account amendments up to Act No. 39 of 1983
Registered 03 Dec 2009
Start Date 18 Jul 1983
End Date 01 Jul 1991
Date of repeal 01 Jul 1991
Repealed by Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991

MEAT CHICKEN LEVY COLLECTION ACT 1969 [Note: This Act is "repealed" by Act No. 26 of 1991]
- Reprinted as at 31 July 1983 (HISTACT CHAP 419 #DATE 31:07:1983)

*1* The Meat Chicken Levy Collection Act 1969 as shown in this reprint comprises Act No. 37, 1969 amended as indicated in the Tables below.
Table of Acts
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Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
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Meat Chicken Levy
Collection Act 1969 37, 1969 14 June
1969 1 July 1969
Statute Law
(Miscellaneous
Amendments) Act
(No. 2) 1982 80, 1982 22 Sept
1982 Part XLVI (ss.
157-161): 20 Oct
1982(a) -
Statute Law
(Miscellaneous
Provisions) Act
(No. 1) 1983 39, 1983 20 June
1983 S. 3: 18 July
1983(b) S. 7 (5)
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(a) The Meat Chicken Levy Collection Act 1969 was amended by Part XLVI (sections 157-161) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, sub-section 2 (16) of which provides that Part XLVI shall come into operation on the twenty-eighth day after Royal Assent.
(b) The Meat Chicken Levy Collection Act 1969 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, sub-section 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent."
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
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Provision affected How affected
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S. 3 . . . . . . . . am. No. 80, 1982
S. 5 . . . . . . . . am. No. 80, 1982; No. 39, 1983
S. 9 . . . . . . . . rs. No. 80, 1982
S. 10A . . . . . . . ad. No. 80, 1982
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MEAT CHICKEN LEVY COLLECTION ACT 1969 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

Section

1. Short title

2. Commencement

3. Interpretation

4. Due date of payment

5. Penalty for non-payment

6. Recovery of levy

7. Information as to hatcheries

8. Offences

9. Access to premises

10. Nominal groups of 100 chickens

10A. Review of decisions

11. Regulations

MEAT CHICKEN LEVY COLLECTION ACT 1969 - LONG TITLE

SECT

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

MEAT CHICKEN LEVY COLLECTION ACT 1969 - SECT 1
Short title

SECT

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

SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

MEAT CHICKEN LEVY COLLECTION ACT 1969 - SECT 2
Commencement

SECT

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

MEAT CHICKEN LEVY COLLECTION ACT 1969 - SECT 3
Interpretation

SECT

3. (1) 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.

(2) A reference in a provision of this Act to an authorized person is a reference to-
(a) a person appointed by the Minister, in writing, to be an authorized person for the purposes of the provision; or
(b) a person included in a class of persons appointed by the Minister, in writing, to be authorized persons for the purposes of the provision.

MEAT CHICKEN LEVY COLLECTION ACT 1969 - SECT 4
Due date of payment

SECT

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.

MEAT CHICKEN LEVY COLLECTION ACT 1969 - SECT 5
Penalty for non-payment

SECT

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 20% 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 an authorized person may, in a particular case, for reasons that the Minister or the authorized person, as the case may be, in his discretion thinks sufficient, remit the whole or a part of an amount payable under this section.

MEAT CHICKEN LEVY COLLECTION ACT 1969 - SECT 6
Recovery of levy

SECT

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.

MEAT CHICKEN LEVY COLLECTION ACT 1969 - SECT 7
Information as to hatcheries

SECT

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.

MEAT CHICKEN LEVY COLLECTION ACT 1969 - SECT 8
Offences

SECT

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.

MEAT CHICKEN LEVY COLLECTION ACT 1969 - SECT 9
Access to premises

SECT

9. (1) An authorized person may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the functions of an authorized person under this section.

(2) Where an authorized person has reason to believe that there are on any premises (including premises of, or occupied by, a State or an authority of a State) books, documents or papers relating to relevant matters, the authorized person may make application to a Justice of the Peace for a warrant authorizing the authorized person to enter the premises for the purpose of exercising the functions of an authorized person under this section.

(3) If, on an application under sub-section (2), the Justice of the Peace is satisfied, by information on oath or affirmation-
(a) that there is reasonable ground for believing that there are on the premises to which the application relates any books, documents or papers relating to relevant matters; and
(b) that the issue of the warrant is reasonably required for the purposes of this Act,
the Justice of the Peace may grant a warrant authorizing the authorized person, with such assistance as the person thinks necessary, to enter the premises, during such hours as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of exercising the functions of an authorized person under this section.

(4) A warrant granted under sub-section (3) shall specify a date after which the warrant ceases to have effect.

(5) Where an authorized person has entered any premises in pursuance of sub-section (1) or in pursuance of a warrant granted under sub-section (3), he may exercise the functions of an authorized person under this section.

(6) A person shall not, without reasonable excuse, obstruct or hinder an authorized person acting in pursuance of a warrant granted under sub-section (3) or acting in pursuance of sub-section (5).

Penalty: $200.

(7) The functions of an authorized person under this section are to search for, inspect, take extracts from and make copies of any books, documents or papers relating to relevant matters.

(8) In this section-
"premises" means a hatchery or a place of business;
"relevant matters" means-
(a) eggs to be used for the hatching of chickens;
(b) the hatching of chickens; and
(c) chickens less than one month old.

MEAT CHICKEN LEVY COLLECTION ACT 1969 - SECT 10
Nominal groups of 100 chickens

SECT

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.

MEAT CHICKEN LEVY COLLECTION ACT 1969 - SECT 10A
Review of decisions

SECT

10A. (1) Applications may be made to the Administrative Appeals Tribunal for review of decisions made by the Minister or an authorized person for the purposes of sub-section 5 (2).

(2) Where a person is given notice in writing of a decision made for the purposes of sub-section 5 (2), the notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person or persons whose interests are affected by the decision.

(3) Any failure to comply with the requirements of sub-section (2) in relation to a decision does not affect the validity of the decision.

MEAT CHICKEN LEVY COLLECTION ACT 1969 - SECT 11
Regulations

SECT

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.