Pigs and Bacon Act, 1935
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Levy payable by licensees to Pigs Marketing Board. |
150.—(1) Every person who holds or has held a licence shall, for every half-year during which or any part of which he holds or held such licence, pay to the Board in respect of such licence a levy calculated at the rate of a prescribed sum for every carcase used for the production of bacon during such half-year at the premises to which such licence relates. | |
(2) As soon as may be after the expiration of every half-year the Board shall ascertain, in respect of every person who during the whole or any part of such half-year held a licence, the amount of the levy payable under this section by such person for such half-year in respect of such licence. | ||
(3) Where a licence held by a person is revoked by the Minister under Part II of this Act, the levy payable by such person in respect of such licence for the half-year then current, shall, if the Board so directs, be ascertained immediately upon such revocation and not under the foregoing sub-section. | ||
(4) Where a licence is held by two or more persons in succession during a half-year, such licence shall, for the purposes of this section, be deemed to have been held during the whole of such half-year by the person who last holds the same during such half-year and not to have been held by any other person at any time during such half-year. | ||
(5) As soon as the amount of any levy has been ascertained under the foregoing provisions of this section, the Board shall make a certificate (in this section referred to as a certificate of indebtedness) certifying the half-year for which such levy is payable, the person by whom and the premises in respect of which such levy is payable, and the amount of such levy. | ||
(6) Every certificate of indebtedness shall be prima facie evidence of all matters purported to be certified therein and any document purporting to be a certificate of indebtedness issued under this section shall, on production thereof in any proceedings to recover the amount thereby certified to be payable, be deemed until the contrary is proved to be a certificate of indebtedness duly issued under this section and shall be admitted in evidence accordingly. | ||
(7) As soon as may be after the making of a certificate of indebtedness, a copy thereof shall be served on the person thereby certified as liable to pay the levy the subject thereof and immediately upon such service the amount certified by such certificate as payable by such person shall become and be payable by such person to the Board and shall, after the expiration of four weeks from such service, be recoverable by the Board as a simple contract debt in any court of competent jurisdiction. | ||
(8) 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. | ||
(9) The Board 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 half year or specified part of a half year, 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 half year or part of a half year to which such order relates. | ||
(10) For the purposes of this section each of the following periods shall be deemed to be a half-year, that is to say:— | ||
(a) the period commencing on the date of the establishment of the Board and ending on the 31st day of December, 1935; | ||
(b) any period of six months commencing, after the date of the establishment of the Board, on any 1st day of January or 1st day of July. |