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Laying Chicken Levy Collection Regulations

SR 1990 No. 121 Regulations as made
Principal Regulations; Repeals the Egg Industry Research (Hen Quota) Levy Collection Regulations.
Tabling HistoryDate
Tabled Senate21-Aug-1990
Tabled HR21-Aug-1990
Gazetted 05 Jun 1990
Date of repeal 01 Jul 1991
Repealed by Repeal of the enabling legislation by Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991

1990 No. 121*1* LAYING CHICKEN LEVY COLLECTION REGULATIONS

*1* Notified in the Commonwealth of Australia Gazette on 5 June 1990.

1990 No. 121 LAYING CHICKEN LEVY COLLECTION REGULATIONS - REG 1
Citation

1. These Regulations may be cited as the Laying Chicken Levy Collection Regulations.

1990 No. 121 LAYING CHICKEN LEVY COLLECTION REGULATIONS - REG 2
Interpretation

2. In these Regulations, unless the contrary intention appears:
"proprietor" means the proprietor of a hatchery at which laying chickens are hatched;
"the Act" means the Laying Chicken Levy Collection Act 1988.

1990 No. 121 LAYING CHICKEN LEVY COLLECTION REGULATIONS - REG 3
Manner of payment of levy

3. Levy, amounts on account of levy and other amounts payable to the Commonwealth under the Act must be paid to the Collector of Public Moneys at the office of the Department in Canberra.

1990 No. 121 LAYING CHICKEN LEVY COLLECTION REGULATIONS - REG 4
Monthly returns

4. (1) When required to do so under section 13 of the Act, a proprietor must give a return to the Secretary or an authorised person:
(a) for the first 1,000 laying chickens hatched at a hatchery in a
financial year-by the end of the second month after the month in which the thousandth chicken was hatched; and
(b) for each subsequent laying chicken hatched at a hatchery in the
financial year-by the end of the second month after the month in which the chicken was hatched.
(2) A return must contain the following particulars:
(a) the full name and address of the hatchery; and
(b) the full name and business or residential address, not being a
post office box or bag, of the proprietor; and
(c) if the proprietor uses another address as his or her postal
address-that address; and
(d) the month or months to which the return relates; and
(e) the number of laying chickens hatched; and
(f) the number of laying chickens that died, or were destroyed, at
the hatchery within 48 hours of being hatched; and
(g) the difference between the numbers required under paragraphs (e)
and (f); and
(h) the total amount of levy payable under the Act in respect of the
laying chickens; and
(i) a declaration, signed by the proprietor or by his or her
authorised agent, stating that the information in the return is true.

1990 No. 121 LAYING CHICKEN LEVY COLLECTION REGULATIONS - REG 5
Records to be kept

5. A proprietor must keep records showing, for each month:
(a) the number of eggs that were used for hatching chickens; and
(b) the number of laying chickens hatched; and
(c) the number of laying chickens that died, or were destroyed, at
the hatchery within 48 hours of being hatched; and
(d) the difference between the numbers required under
paragraphs (b) and (c); and
(e) the total amount of levy that was paid under the Act in respect
of the laying chickens. Penalty: $500.

1990 No. 121 LAYING CHICKEN LEVY COLLECTION REGULATIONS - REG 6
Authorised agent

6. Where a proprietor who is required to give a return appoints a person to be his or her authorised agent for the purpose of signing the declaration contained in that return, the appointment must:
(a) be in accordance with the form in Schedule 1; and
(b) be lodged at the office of the Department in Canberra.

1990 No. 121 LAYING CHICKEN LEVY COLLECTION REGULATIONS - REG 7
Execution of documents

7. Where a declaration in a return or an appointment of an authorised person is required to be signed by a person, body corporate or partnership, it may be signed:
(a) in the case of an individual-by any other person authorised by
him or her in writing to act on his or her behalf in matters that include matters arising under these Regulations; or
(b) in the case of a body corporate-by a director, secretary or
principal officer of the body corporate or by a person authorised in writing under the rules of the body corporate to act on behalf of the body corporate in matters that include matters arising under these Regulations; or
(c) in the case of a partnership-by one of the partners or by a
person authorised in writing under the rules of the partnership to act on behalf of the partnership in matters that include matters arising under these Regulations.

1990 No. 121 LAYING CHICKEN LEVY COLLECTION REGULATIONS - REG 8
Form of warrant to enter premises

8. For the purposes of section 10 of the Act, a warrant may be in the form in Schedule 2.

1990 No. 121 LAYING CHICKEN LEVY COLLECTION REGULATIONS - REG 9
Repeal of Egg Industry Research (Hen Quota) Levy Collection Regulations

9. Statutory Rules 1987 No. 192 are repealed.

1990 No. 121 LAYING CHICKEN LEVY COLLECTION REGULATIONS - SCHEDULE 1

SCH

SCHEDULE 1 Regulation 6

COMMONWEALTH OF AUSTRALIA
LAYING CHICKEN LEVY COLLECTION REGULATIONS
APPOINTMENT OF AUTHORISED AGENT
To the Secretary to the Department of Primary Industries and Energy
*I/*We full name and business or residential address, not being a post office
box or bag, of the proprietor of the hatchery) hereby appoint (full name,
occupation and business or residential address, not being a post office box or
bag, of the person to be appointed) to be an authorised agent for the purpose of signing on *my/*our behalf any declaration required under the Laying Chicken
Levy Collection Regulations to be provided by *me/*us.
Dated 19 .
(Signature of person appointing the authorised agent, or, where that person is a body corporate, the signature and designation of a director, secretary or
principal officer of the body corporate, or, where the persons appointing the
authorised agent are in partnership, the signature of one of the partners and
the word "Partner")
Dated 19 .
(Signature of authorised agent)
* Omit if not applicable.

1990 No. 121 LAYING CHICKEN LEVY COLLECTION REGULATIONS - SCHEDULE 2

SCH

SCHEDULE 2 Regulation 8
COMMONWEALTH OF AUSTRALIA
LAYING CHICKEN LEVY COLLECTION REGULATIONS
WARRANT UNDER SECTION 10 OF THE LAYING CHICKEN LEVY
COLLECTION ACT 1988
To: (name of person), an authorised person for the purposes of section 9 of the
Laying Chicken Levy Collection Act 1988.
I, , Magistrate, being satisfied, on an application under section 10 of the Act, in relation to premises at (full address of the premises), by
information on *oath/*affirmation:
(a) that there is reasonable ground for believing: * that eggs to be
used for the hatching of laying chickens are kept on those premises;
* that laying chickens are hatched on those premises;
* that laying chickens less than 1 month old are kept on those premises;
* that there are examinable documents on those premises; and
(b) that the issue of this warrant is reasonably required for the
purposes of that Act;HEREBY AUTHORISE you to enter those premises:
(c) with such assistance and by such force as is necessary and
reasonable; and
(d) *during the hours of (time and date) or *at any time;
for the purposes of exercising the powers of an authorised person under
subsection 9 (3) of that Act during the period beginning on (date) and
ending on (date).
Dated 19 .
Magistrate * Omit if not applicable.