Commonwealth Consolidated Acts Commonwealth Consolidated Acts
In this Schedule:
"chicken" means a chicken hatched from the egg of a domesticated fowl.
"hatchery" means a hatchery where chickens are hatched for commercial purposes.
"industry services body" has the same meaning as in the Egg Industry Service Provision Act 2002 .
"laying chicken" means a female chicken that is to be raised for the production of eggs.
2 Number of chickens not exceeding 106 may be taken to be 100 chickens
For the purposes of this Schedule, if the proprietor of a hatchery, in accordance with the practice of the poultry industry, treats a number of chickens (not exceeding 106) as 100 chickens, that number of chickens is taken to be 100 chickens.
(1) Levy is imposed on laying chickens hatched after the commencement of this Schedule.
(2) Levy is not imposed by this Schedule on laying chickens hatched at a hatchery in a financial year if less than 1,000 laying chickens are hatched at that hatchery in that year.
(3) Levy is not imposed by this Schedule on laying chickens that die, or are destroyed, at the hatchery at which they were hatched within 48 hours after being hatched.
The rate of levy imposed by this Schedule is an amount in respect of each laying chicken equal to the sum of:
(a) such amount as is prescribed by the regulations for the purposes of this paragraph; and
(b) 0.21 cent or, if another amount (not exceeding 0.33 cent) is prescribed by the regulations for the purposes of this paragraph, the other amount.
Note: Paragraph (b) identifies amounts that, under the Australian Animal Health Council (Live - stock Industries) Funding Act 1996 , are destined for the Australian Animal Health Council.
Levy imposed by this Schedule on laying chickens is payable by the proprietor of the hatchery where the chickens are hatched.
(1) Regulations must not be made prescribing an amount for the purposes of paragraph 4(a) of this Schedule unless the industry services body has made a recommendation to the Minister with respect to the amount to be prescribed by the regulations for the purposes of that paragraph.
(2) Before the Governor - General makes a regulation prescribing an amount for the purposes of paragraph 4(b) of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by the industry services body.
(4) Regulations must not be made for the purposes of paragraph 4(a) or (b) of this Schedule prescribing an amount that is greater than the amount recommended.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision of the Laying Chicken Levy Act 1988 ; and
(b) the regulations were in force immediately before the commencement of this clause.
(2) The regulations have effect, after the commencement of this clause, as if they had been made for the purposes of the corresponding provision of this Schedule.
(1) This clause applies to a declaration if:
(a) the declaration was made for the purposes of a particular provision of the Laying Chicken Levy Act 1988 ; and
(b) the declaration was in force immediately before the commencement of this clause.
(2) The declaration has effect, after the commencement of this clause, as if it had been made for the purposes of the corresponding provision of this Schedule.