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ANNO VICESIMO SEPTIMO
ELIZABETHAE SECUNDAE REGINAE
No. 36 of 1978
An Act to amend the Hen Quotas Act 1973-1975 in certain
particulars
[ASSENTED TO 8TH JUNE, 1978]
BE IT ENACTED by the Queen's Most Excellent Majesty, by and
with the advice and consent of the Legislative Assembly of Queensland
in Parliament assembled, and by the authority of the same, as follows:1. Short title and citation . (1) This Act may be cited as the Hen
Quotas Act Amendment Act 1978.
(2) The Hen Quotas Act 1973-1975 is in this Act referred to as the
Principal Act.
(3) The Principal Act as amended by this Act may be cited as the
Hen Quotas Act 1973-1978.
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Hen Quotas Act Amendment Act 1978, No. 36
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2. Amendment of s. 6 . Section 6 of the Principal Act is amended
by(a) inserting after the definition " egg producer's temporary hen
quota " the following definition:" " keep " includes have in possession or under control in any
place, whether for the use or benefit of the person of whom
the term is used or of another person and although another
person has the actual possession or custody of the thing in
question;";
(b) in the definition " season ", omitting the word " July "
and substituting the word " January ";
(c) in the definition " State hen quota ", omitting the words ", in
relation to a season,".
3. Amendment of s. 25 . Section 25 of the Principal Act is amended
by, in subsection (1), inserting after subparagraph (c) the following
subparagraph:I
f
(d) appoint, on such terms and conditions as the Committee
determines, such persons as the Committee determines to be
agents of the Committee ".
4. Amendment of s. 40. Section 40 of the Principal Act is amended
by-ta) in subsection (1), omitting the first paragraph and substituting
the following paragraph:" The basis of allocation of egg producers' basic hen quotas
up to the size of the State hen quota for the time being shall be as
prescribed and such quotas up to the size of the State hen quota
for the time being shall, subject to this Part, be allocated-by the
Committee in accordance with the basis so prescribed.";
(b) in subsection (2), in subparagraph (b) of the second paragraph,
inserting after the word " applicant " the words " in respect of a season
or part thereof ";
(c) omitting subsection (3) and substituting the following
subsection:" (3) A person to whom an egg producer's basic hen quota
has been granted shall pay to the Committee such fees as are
prescribed. The prescription shall include the period during
which any fee is payable and the basis of determination and the
amount or assessment of any fee.".
5. Amendment of s. 42 . Section 42 of the Principal Act is amended
by inserting after the word " allocation " the words " or to both such
person and any other land subsequently approved by the Committee ".
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6. Amendment of s. 44. Section 44 of the Principal Act is amended
by inserting after subsection (2) the following subsection:" (2A) The holder of an egg producer's basic hen quota may
make application as prescribed to the Committee for the severance
of that quota from the land to which it attaches and the surrender
and disposal of his egg producer's basic hen quota.
The Committee shall consider the application and may
grant or refuse it.
Where an application is granted, the holder of the egg
producer's basic hen quota in question shall surrender the quota
to the Committee upon such terms and conditions as are prescribed
and the Committee shall dispose of the quota in such manner
and upon such terms and conditions as it determines.".
7. Repeal of and new s. 45. The Principal Act is amended by repealing
section 45 and substituting the following section:" 45. Forfeiture or reduction of quota or entitlement.
the Committee is satisfied that-
Where
(a) an egg producer's basic hen quota has been allocated
and that(i) during the currency of the quota(A) the annual average number of hens, the subject
of the quota, owned by the egg producer is less
than 80 per centum of the maximum number of
hens specified in the quota; or
(B) the egg producer is keeping over quota hens;
(ii) there has been a failure for any two successive seasons
to keep hens;
(iii) there has been a failure by the egg producer for
three successive seasons to keep his quota of hens; or
(iv) the allocation of the quota was made in error or in
consequence of a false document, statement or
representation;
(b) a person who, by virtue of the average number of hens
kept by him during the years 1st July 1970 to 30th
June 1971 and 1st July 1971 to 30th June 1972, would be
entitled, upon application to the Committee and
compliance with this Act, to an egg producer's basic
hen quota (in this section called an " entitlement ")(i) has failed to apply for a quota;
(ii) has applied for a quota but has failed to proceed
with the application,
the Committee may by notice in writing call upon the holder of
the egg producer's basic hen quota or, as the case may be, the
person holding the entitlement to show cause within the time
specified in the notice why the Committee(c) should not forfeit the egg producer's basic hen quota
or, as the case may be, the entitlement of the person
in question;
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Hen Quotas Act Amendment Act 1978, No. 36
(d) should not reduce the size of the egg producer's basic
hen quota or, as the case may be, the entitlement of the
person in question to such number as is specified in
the notice,
and where sufficient cause is not shown within the time specified
in the notice or within any extension of time that the Committee
may allow, the Committee may deal with the egg producer's basic
hen quota or, as the case may be, entitlement of the person in
question according to the tenor of the notice.".
8. Amendment of s. 48 . Section 48 of the Principal Act is amended
by(a) omitting the words " during any season ";
(b) omitting the words " for that season ".
9. Amendment of s. 52. Section 52 of the Principal Act is amended
by(a) omitting from the note appearing in and at the beginning of the
section the words " holder of quota " and substituting the words " quota
exists ";
(b) omitting the words " either his quota flock or his temporary
quota flock " and substituting the words:(a) his quota flock or temporary quota flock;
(b) the quota flock or temporary quota flock of another
person ".
10. Amendment of s. 56 . Section 56 of the Principal Act is amended
by inserting after subsection (1) the following subsection:" (IA) A person shall not keep for a commercial purpose more
than 20 hens unless he is the holder of an egg producer's basic hen
quota, egg producer's adjusted hen quota or egg producer's temporary
hen quota.
Penalty: $1000.".
11. Amendment of s. 60 . Section 60 of the Principal Act is amended
by, in subsection (1)(a) inserting after subparagraph (j) the following subparagraph:" (ja) prescribing the fees payable under this Act, the matters in
respect of which fees are payable and the persons by whom fees
are payable; ";
(b) in subparagraph (k), inserting after the words " such returns "
the words " including, but without limiting the generality of this provision,
persons engaged in the hatching or growing of chickens ".