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35 1939

PIGS AND BACON (AMENDMENT) ACT, 1939

PART IV.

Levies Payable by Licensees to the Commission, Subsidies on Bacon, Compensation to Licensees in Respect of Condemned and Damaged Pigs and Carcases, Returns by Licensees, Records to be Kept by Licensees and Inspection of Licensed Premises.

Chapter I.

Levies Payahle by Licensees to the Commission.

Levies payable to the Commission in respect of carcases used for production of bacon by-licensees.

34. —(1) Every person who holds or has held a licence shall, for every levy period during which or any part of which he holds or has held such licence, pay to the Commission in respect of such licence a levy, calculated at the rate which is the appropriate rate in respect of such levy period, for every carcase used for the production of bacon during such half-year at the premises to which such licence relates.

(2) The Commission may at any time by order declare that there shall be no levy under this section in respect of any carcases used for the production of bacon during any specified levy period or specified part of a levy period, and may at any time revoke or amend any such order, and whenever any such order is in force, then, notwithstanding anything contained in this section, no levy shall be payable under this section in respect of any carcases used for the production of bacon during the levy period or part of a levy period to which such order relates.

(3) The following provisions shall apply and have effect in relation to the rate of levy under this section, that is to say:—

(a) the Commission shall not later than the expiration of the levy period commencing on the transfer date and may thereafter whenever and so often as they think fit, make an order fixing the rate of such levy;

(b) the first order under this sub-section shall be deemed to have come into force on the transfer date and every subsequent order under this sub-section shall come into force on the first day of the levy period commencing next after the making of such order;

(c) every order made under this sub-section shall remain in force until a subsequent order under this sub-section is made and comes into force;

(d) references in sub-section (1) of this section to the appropriate rate of levy in respect of a particular levy period shall be construed as references to the rate of levy fixed by an order under this sub-section which was in force during such levy period.

(4) For the purposes of this section each of the following periods shall be a levy period, that is to say:—

(a) the period commencing on the transfer date and ending on the 31st day of March, 1940;

(b) any period of three months commencing, after the transfer date, on any 1st day of April, 1st day of July, 1st day of October or 1st day of January.

(5) Any moneys paid to the Commission under this section shall be paid into the General Fund.

(6) Where on or after the transfer date bacon is produced by a licensee on behalf of the Commission under section 146 of the Act of 1935, no levy shall be payable under sub-section (1) of this section in respect of the carcases used for the production of such bacon.

Levies in respect of bacon sold in the State by licensees.

35. —(1) Every person who holds or has held a licence shall, for each month commencing on or after the transfer date during the whole or any part of which he held such licence, pay to the Commission in respect of such licence a levy, calculated at the rate which is the appropriate rate in respect of such month for each hundredweight of bacon (being bacon produced at the premises to which such licence relates) sold by such person during such month for consumption in the State.

(2) The Commission may at any time by order declare that no levy shall be paid under this section in respect of a particular month, and whenever any such order is made in respect of a particular month no levy shall be payable under this section in respect of such month.

(3) The following provisions shall apply and have effect in relation to the rate of levy payable under this section—

(a) the Commission shall not later than the expiration of the month commencing on the transfer date, and may thereafter, whenever and so often as it thinks fit, make an order fixing the rate of such levy;

(b) the first order under this sub-section shall be deemed to have come into force on the transfer date and every subsequent order under this sub-section shall come into force on the first day of the month next following the month in which such order is made;

(c) every order made under this sub-section shall remain in force until a subsequent order under this sub-section is made and comes into force;

(d) references in sub-section (1) of this section to the appropriate rate of levy in respect of a particular month shall be construed as references to the rate of levy fixed by an order under this sub-section which was in force during such month.

(4) Any moneys paid to the Commission under this section shall be paid into the Stabilisation Fund.

Levies in respect of bacon exported by licensees.

36. —(1) The Commission may, whenever and so often as it thinks fit, by order declare that every person who holds or has held a licence shall for a specified period, commencing after the date of such order, during the whole or any part of which he has held such licence, pay to the Commission a levy, calculated at the rate specified in such order, for each hundredweight of bacon exported by such person during such period to a specified country, and whenever any such order is made every person who holds or has held a licence shall, for the period specified in such order during the whole or any part of which he held such licence, pay to the Commission a levy, calculated at the rate specified in such order, for each hundredweight of bacon exported by such person during the period specified in such order to the country specified in such order.

(2) The Commission may by order under this sub-section amend any order made under sub-section (1) of this section.

(3) Any moneys paid to the Commission under this section shall be paid into the Stabilisation Fund.

Levies in respect of pigs purchased by licensees.

37. —(1) Every person who holds or has held a licence shall, for each month commencing on or after the transfer date during the whole or any part of which he held such licence, pay to the Commission a levy, equivalent to the sum for the time being fixed as the insurance allowance by an order made or deemed to have been made by the Commission under section 58 of the Act of 1937, for each pig purchased by him and brought on to the premises to which such licence relates during such month.

(2) The Commission may, whenever and so often as it is of opinion that the moneys standing to the credit of the Insurance Fund are not sufficient to meet the claims made or likely to be made under Chapter III of this Part of this Act, by order declare that every person who holds or has held a licence shall, for a specified period, ending on or before the date of such order, during the whole or any part of which he has held such licence, pay to the Commission a levy, at the rate specified in such order, for each pig purchased by him during such period, and whenever any such order is made every person who holds or has held a licence shall, for the period specified in such order during the whole or any part of which he held such licence, pay to the Commission a levy at the rate specified in such order for each pig purchased by him during such period.

(3) Any moneys paid to the Commission under this section shall be paid into the Insurance Fund.

Recovery of levies.

38. —(1) Where under any section contained in this Chapter of this Part of this Act a levy is payable, for a particular period, by a person who held a licence during the whole or any part of such period, the following provisions shall apply, that is to say:—

(a) the Commission shall, as soon as may be after the expiration of such period, ascertain the amount of such levy;

(b) if the licence held by such person is revoked by the Minister under Part II of the Act of 1935, the amount of such levy may, if the Commission thinks fit, be ascertained by it immediately upon such revocation;

(c) as soon as the amount of such levy has been so ascertained, the Commission shall make a certificate (in this section referred to as a certificate of indebtedness) certifying the period for which such levy is payable, the person by whom such levy is payable and the amount of such levy, and shall serve a copy of such certificate on such person.

(2) Where a copy of a certificate of indebtedness is served on the person thereby certified as liable to pay the levy the subject thereof, the amount certified by such certificate shall become and be payable by such person to the Commission and shall, after the expiration of twenty-eight days from such service, be recoverable by the Commission as simple contract debt in a court of competent jurisdiction.

(3) If any licensee fails or neglects to pay the amount certified by a certificate of indebtedness to be payable by him within four weeks after the service of a copy of such certificate on him, the Minister may revoke the licence in relation to which such amount is payable, but such revocation shall not relieve such person from liability to pay the said amount.

(4) Where the Minister revokes a licence under the immediately preceding sub-section, sub-section (3) of section 30 (which relates to alteration and revocation of licences) of the Act of 1935 shall apply.

(5) The expression “this Act” in sub-section (1) of section 3 (which relates to service of documents) of the Act of 1935 shall be construed as including this section.

Change in ownership of licence during a period for which a levy is payable.

39. —Where a licence is held by two or more persons in succession during any period for which a levy is payable under any section contained in this Chapter of this Part of this Act, then, for the purposes of the said Chapter—

(a) such licence shall be deemed to have been held during the whole of such period by the person (in this section referred to as the last holder) who last held such licence during such period and not to have been held by any other person at any time during such period;

(b) any bacon sold in the State or exported during such period by a predecessor in title of the last holder shall be deemed to have been sold in the State or exported during such period by the last holder;

(c) any pigs purchased by a predecessor in title of the last holder during such period shall be deemed to have been purchased during such period by the predecessor in title of the last holder.