Commonwealth Consolidated Acts

PRIMARY INDUSTRIES (EXCISE) LEVIES ACT 1999 - SCHEDULE 19

1   Definitions

                   In this Schedule:

"chicken" means a chicken hatched from an egg of a domesticated fowl.

"hatchery" means a hatchery where chickens are hatched for commercial purposes.

"meat chicken" means a chicken that is to be raised as a meat chicken.

R&D authority means:

                     (a)  where the levy imposed by this Schedule is attached to an R&D Corporation under section 5 of the Primary Industries and Energy Research and Development Act 1989-- the R&D Corporation; or

                     (b)  where the levy imposed by this Schedule is attached to an R&D Fund under section 5 of that Act--the R&D Council in respect of which the R&D Fund is established under that Act.

R&D Corporation has the same meaning as in the Primary Industries and Energy Research and Development Act 1989 .

R&D Council has the same meaning as in the Primary Industries and Energy Research and Development Act 1989 .

R&D Fund has the same meaning as in the Primary Industries and Energy Research and Development Act 1989 .

2   Imposition of levy

             (1)  Levy is imposed in respect of meat chickens hatched after the commencement of this Schedule.

             (2)  Levy is not imposed by this Schedule in respect of meat chickens hatched at a hatchery in a financial year if less than 20,000 meat chickens are hatched at that hatchery in that year.

             (3)  Levy is not imposed by this Schedule in respect of meat chickens that die, or are destroyed, at the hatchery at which they were hatched within 48 hours after being hatched.

3   Rate of levy

                   The rate of levy imposed by this Schedule is an amount in respect of each meat chicken equal to the sum of:

                     (a)  such amount (not exceeding 1 cent) as is prescribed for the purposes of this paragraph; and

                     (b)  such amount (not exceeding 0.05 cent) as is prescribed for the purposes of this paragraph.

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.

4   Who pays the levy

                   Levy imposed by this Schedule in respect of meat chickens is payable by the proprietor of the hatchery in which the chickens were hatched.

5   Regulations

             (1)  Before the Governor-General makes regulations prescribing an amount for the purposes of paragraph 3(a) of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by the R&D Authority. Regulations must not be made prescribing an amount that is greater than the amount last recommended by the R&D Authority to the Minister.

             (2)  Before the Governor-General makes regulations prescribing an amount for the purposes of paragraph 3(b) of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by:

                     (a)  the Australian Chicken Meat Federation Incorporated; or

                     (b)  if a declaration under subclause (3) is in force, the body specified in the declaration.

The regulations must not prescribe an amount greater than the amount last recommended to the Minister by the Australian Chicken Meat Federation Incorporated or the body specified in the declaration, as the case requires.

             (3)  The Minister may, by notice in the Gazette , declare a body specified in the notice to be the body representing the Australian chicken meat industry for the purposes of this clause.

6   Transitional--regulations

             (1)  This clause applies to regulations if:

                     (a)  the regulations were made for the purposes of a particular provision of the Meat Chicken Levy Act 1969 ; 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.

7   Transitional--declarations

             (1)  This clause applies to a declaration if:

                     (a)  the declaration was made for the purposes of a particular provision of the Meat Chicken Levy Act 1969 ; 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.