Western Australia
Poultry Industry (Trust Fund) Act 1948
Reprinted as at 15 November 2002
What the reprint includes
Endnotes, Compilation table
1.Details about the original Act and legislation that has amended its text are shown in the Compilation table
2.Validation, transitional, savings, or other provisions identified in the Compilation table
3.A table
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a section that was inserted, or has been amended, since the Act being reprinted was passed, editorial notes at the foot of the section give some history of how the section came to be as it is. If the section replaced an earlier section, no history of the earlier section is given (the full history of the Act is in the Compilation table
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table
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Western Australia
Poultry Industry (Trust Fund) Act 1948
CONTENTS
1.Short title1
2.Severability1
3.Interpretation1
4.Administration2
5.Poultry Industry Trust Fund Committee2
6.Terms of office of members3
7.Quorum3
8.Chairman to preside. Majority decision to be sufficient3
9.Acts of Committee not invalidated by vacancy4
10.Deputy member4
11.Secretary, inspectors, and other officers4
12.Remuneration of Committee4
13.Power to require returns and particulars5
14.Entry and inspection5
15.Poultry Industry Trust Fund6
16.Investment of moneys in the Fund6
17.Contributions to the Fund6
18.Application of moneys in the Fund9
19.Application of Financial Administration and Audit Act 198510
24.Offences11
25.General penalty11
26.Procedure11
27.Regulations11
Notes
Compilation table12
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Western Australia
Poultry Industry (Trust Fund) Act 1948
An Act to authorise the establishment of a Trust Fund in relation to the Poultry Industry; to provide for the administration of that Fund, and the application of the moneys from time to time in that Fund, and for other purposes incidental thereto.
This Act may be cited as the Poultry Industry (Trust Fund) Act 1948, and shall come into operation on a day to be fixed by proclamation 1.
This Act shall be read and construed so as not to exceed the legislative power of the State, the intention being that where any enactment herein would but for this section be construed as being in excess of that power, it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power.
In this Act, unless the context otherwise requires —
“Association” means Poultry Farmers’ Association of W.A.;
“Board” means The Western Australian Egg Marketing Board, as constituted under the Marketing of Eggs Act 1945;
“Committee” means The Poultry Industry Trust Fund Committee constituted under this Act;
“dealer” means any person who —
(a)purchases eggs from a producer wholesale for resale; or
(b)receives eggs from a producer for sale wholesale on behalf of such producer; or
(c)being a producer, himself
“eggs” means eggs of poultry;
“Fund” means The Poultry Industry Trust Fund established by this Act;
“Minister” means the Minister for Agriculture, or the Minister of the Crown from time to time acting as the Minister for Agriculture;
“producer” means a person who owns or controls 20 or more head of adult female poultry and sells all or any of the eggs produced thereby;
“poultry” means fowls and ducks;
“sale” includes barter or exchange.
[Section 3 amended by No. 63 of 1981 s. 4.]
Subject to the general direction and control of the Minister, this Act shall be administered by the chief executive officer 2.
[Section 4 amended by No. 63 of 1981 s. 4.]
5.Poultry Industry Trust Fund Committee
(1)A Committee, to be called “The Poultry Industry Trust Fund Committee”, shall be constituted for the purposes of this Act
(2)The Committee shall consist of 3 members, who shall be appointed by the Governor. Two
(3)The member representing the Department of Agriculture shall be the chairman of the Committee.
(4)Notice of every appointment of a member of the Committee shall be published in the Government Gazette
(5)The Committee shall be a body corporate, with perpetual succession and a common seal.
The members of the Committee shall not hold office for a longer period than 3 years without re‑appoint
Any 2 members of the Committee shall form a quorum thereof.
8.Chairman to preside. Majority decision to be sufficient
(1)At all meetings of the Committee the chairman shall preside, if present, and, in his
(2)Whenever all the members of the Committee are present at a meeting and they are not unanimous as to any matter, such matter shall be decided by the majority of the votes, and the decision so arrived at shall be the decision of the Committee.
(3)When only 2 members of the Committee are present and they are not unanimous as to any matter, no decision shall be made on the matter at that meeting, but further consideration thereof shall be adjourned until the next meeting of the Committee.
9.Acts of Committee not invalidated by vacancy
No act or proceeding of the Committee shall be invalid or prejudiced by reason only of the fact that at the time when the act or proceeding is done, taken, or commenced there is a vacancy in the office of any member, or by reason of the fact that the decision in regard thereto was arrived at by correspondence with the unanimous assent of the members.
The governor may at any time appoint persons to be deputy members of the Committee in case of illness or other incapacity or absence from the State of any member of the Committee, or a vacancy in the office of any member, to act during the illness, incapacity, or absence, or until the vacancy is filled.
11.Secretary, inspectors, and other officers
(1)The chief executive officer 2 may appoint a secretary to the Committee and any inspectors and other officers who he
(2)Any officer employed in the Department of Agriculture shall be eligible for appointment under subsection (1).
(3)Any person who in any way resists, interferes with, hinders, or obstructs any person so appointed in the exercise or discharge of any power or duty under this Act shall be guilty of an offence.
Penalty — $2 000.
[Section 11 amended by No. 63 of 1981 s. 4; No. 20 of 1989 s. 3.]
The chairman and members of the Committee shall be entitled to such remuneration for their services and such travelling and other expenses as may be prescribed.
13.Power to require returns and particulars
(1)The Committee may, by notice in writing under the hand of the chairman, given to any producer or dealer, require the producer or dealer to furnish in writing to the Committee such returns and particulars in relation to his
(2)Any person who fails or refuses to comply with the requisitions of any such notice within the time limited by the notice, or who furnishes any untrue return or particulars, shall be guilty of an offence.
Penalty — $2 000.
(3)The returns and particulars which may be required by the Committee under subsection (1)
[Section 13 amended by No. 20 of 1989 s. 3.]
(1)Any member of the Committee and any inspector or officer of the Committee authorised in writing by the Committee to do so may inspect any books, accounts, registers, records, documents, or writings which are in the custody or control of any producer or dealer, and which relate to the business carried on by him
(2)For the purposes of subsection (1), any member, inspector, or officer, may at any reasonable time enter any premises in which he
15.Poultry Industry Trust Fund
(1)For the purposes of this Act
(2)All moneys from time to time belonging to the Fund shall be credited to an account, to be called “The Poultry Industry Trust Fund Account”, which shall be kept at the Treasury forming part of the Trust Fund constituted under section 9 of the Financial Administration and Audit Act 1985.
(3)The Fund shall consist of —
(a)contributions made to the Fund under this Act; and
(b)any money appropriated by Parliament for the purposes of this Act
(c)penalties imposed upon convictions of offences against this Act, which are hereby declared to be payable to the credit of the Fund.
[Section 15 amended by No. 78 of 1995 s. 108; No. 49 of 1996 s. 64.]
16.Investment of moneys in the Fund
Any moneys standing to the credit of the Fund, which are not immediately required for the purposes of this Act
[Section 16 amended by No. 49 of 1996 s. 64; No. 1 of 1997 s. 18.]
(1)Subject to this Act, every producer shall in every year contribute to the Fund in relation to the eggs produced by him
(2)All such contributions shall be paid to the Committee.
(3)During such time as the Marketing of Eggs Act 1945 is in operation and eggs produced by producers are under the disposition of the Board, the amount of the contribution shall be assessed in relation to the number of eggs which are produced by each producer and over which the Board exercises its powers of disposition pursuant to the provisions of that Act.
Such eggs of his
(4)After the Marketing of Eggs Act 1945 ceases to operate and the disposition of eggs by producers thereof is no longer under the control of the Board, the amount of the contribution shall be assessed in relation to the number of eggs from each producer obtained or received by the dealer for sale or export.
(5)The rate of the contribution to be made by producers under this section shall be such rate as shall be declared from time to time by the Minister, on the recommendation of the Committee:
Provided that —
(i)such rate of contribution shall not in any event exceed 4 cents in respect of every 30 dozen eggs, as ascertained by the Board, or in respect of every 30 dozen eggs sold or exported for sale by the dealer, as the case may be; and
(ii)the liability of the producer to contribute to the Fund may be suspended at any time and from time to time by the Minister whenever the Committee is satisfied that the moneys standing to the credit of the Fund for the time being are sufficient for the purposes of this Act
(6)During such time as the Marketing of Eggs Act 1945 is in operation and the eggs of producers are in the disposition of the Board, the Committee may request the Board, and it shall be lawful for the Board to pay to the Committee out of moneys collected from the producer or out of any moneys payable by the Board to any producer the amount of the contribution then payable by the producer to the Committee under this section, and the acknowledgment to the Board by the Committee of the amount so paid shall be a complete discharge to the Board as against the producer concerned in respect of the amount stated in the acknowledgment.
(7)After the Marketing of Eggs Act 1945 ceases to operate, and the disposition of eggs by the producers thereof is no longer under the control of the Board, every dealer who obtains or receives eggs from a producer, and is liable to make to the producer any payment, or to account to the producer for any moneys in respect of the eggs so obtained or received by him
(8)The amount of all contributions deducted by a dealer in accordance with the last preceding subsection shall, until paid by him
(9)Any dealer who fails or neglects to deduct contributions from moneys payable by him
Penalty — $2 000.
(10)Until such time as the amount of the contribution for which a producer is liable under this section is received by the Committee, either from the Board, or from a dealer, or from the producer himself
(11)If at any time the amount of any contribution received by the Committee in relation to the liability of a producer to contribute under this section is found to be in excess of the amount of the contribution for which the producer is then liable, the excess may remain in the Fund to the credit of such producer against future contributions which may become payable by him
(12)For the purposes of this section
[Section 17 amended by No. 5 of 1951 s. 3; No. 113 of 1965 s. 8(1); No. 20 of 1989 s. 3; No. 49 of 1996 s. 64.]
18.Application of moneys in the Fund
(1)The moneys standing to the credit of the Fund shall, in the first instance, be charged with the payment of the following expenses, namely: —
(a)The costs of the administration of this Act
(b)The fees and allowances of the members of the Committee.
(2)After payment of the expenses referred to in the last preceding subsection, and subject in every case to the approval in writing of the Minister, the moneys standing to the credit of the Fund may be used for all or any of the following purposes: —
(a)The payment of the whole or portion of the costs and expenses of measures taken to prevent or eradicate pests and such enzootic diseases, within the meaning of the Stock Diseases (Regulations) Act 1968, as the Governor may, by proclamation, declare to be diseases for the purposes of this Act
(b)The payment of compensation to producers in respect of the whole or portion of losses suffered by them as a result of measures taken to prevent or eradicate the pests and diseases aforesaid
(c)The payment of the costs of the promotion and encouragement of scientific research for the improvement of poultry and egg production, and of the transport of such eggs and poultry.
(d)The provision of financial help for the Association and its branches in the carrying out of its activities for the benefit of producers.
Provided that such financial help shall only be granted when recommended by the Committee and approved by the Minister; and
(e)Any other purposes which, in the opinion of the Minister, will promote and encourage, or extend relief to, the poultry industry.
[Section 18 amended by No. 15 of 1969 s. 2; No. 49 of 1996 s. 64.]
19.Application of Financial Administration and Audit Act 1985
(1)The provisions of the Financial Administration and Audit Act 1985 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Committee and its operations.
(2)Notwithstanding the provisions of the Financial Administration and Audit Act 1985, the financial year of the Committee shall end on 31 July.
[Section 19 inserted by No. 98 of 1985 s. 3.]
[20-23.Repealed by No. 98 of 1985 s. 3.]
Any contravention of this Act
The penalty for any offence against this Act or the regulations for which no penalty is expressly provided, shall be a fine not exceeding $2 000.
[Section 25 amended by No. 20 of 1989 s. 3.]
Proceedings for offences against this Act or the regulations shall be taken and disposed of summarily under the provisions of the Justices Act 1902.
The Governor may make regulations not inconsistent with this Act prescribing all matters as by this Act are required or permitted to be prescribed, or as may be necessary or convenient to be prescribed for giving effect to this Act.
