Agricultural Standards Act of 1952 (1 Eliz Ii No. 12) (Qld)

I. PUBLIC ACTS OF T H PARLIAMENT OF QUEENSLAND, 15° GEO. VI. AND 10 ELIZ. II. ABOLITION OF THE RULE OF COMMON EMPLOYMENT. See WRONGS. ADOPTION. See CHILDREN. AGRICULTURE. (1) Agricultural Standards Act of 1952 1 Emz. II. No. 12. (2) Second-hand Fruit Cases Act Continuation Act of 1952 15 GEO. VI. No. 51. (3) Wheat Industry Stabilisation Act Amendment Act of 1951 .. .. 15 GEO. VI. No. 49. An Act to Consolidate and Amend the Law relating 1NEoia. z1. 2. II. to the Sale of Seeds, Fertilizers, Growth CUALGTURRI-AL Regulating Materials, Lime, Pest Destroyers/ STAACNTDAORFDS Veterinary Medicines, and Stock Foods' 1952. and to Regulate the Sale of Marking Preparations, and Testing Reagents, and for other purposes. [ASSENTED TO 22ND APRIL, 1952.] B E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- PART 1.—PRELIMINARY. PART I.— PRELIMINARY. 1. This Act may be cited as " The Agricultural Short title. Standards Act of 1952." 2. (1.) This Act shall come into operation on the date Commence- of the passing hereof except that the provisions of this ment of Act. Act shall not apply to and with respect to any agricultural requirement which on that date is the subject of any. Act or Acts specified in the First Schedule to this Act First Sch. A

2 PART I.- PRELIKINAHY. AGRICULTURE. Agricultural Standards Act. 1 Eraz. II. No. 12, until that Act or those Acts, as the case may be, of which that agricultural requirement is the subject, is or are repealed under and pursuant to subsection one of section five of this Act, when, on such event, the provisions of this Act shall, so far as they are applicable, forthwith commence to apply to and with respect to that agricultural requirement accordingly. References (2.) Unless otherwise expressly provided, a reference ctmAoocemttnh.mteoenfcteh- is irrneeqaaudniyraenpmdroecvnoitsntioosnttrhuoeefcdtohamissmAaecrntecrfeeelmraeteninnctgeottfootahtnihsyeAatgicmrtiscehuualtlpulorbanel which that provision commenced to apply to and with respect to that agricultural requirement. Interpreta- 3. This Act, including every Proclamation, Order in tion. Council, regulation, rule, and notification hereunder shall be read and construed subject to the *Commonwealth of Australia Constitution Act and so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any Proclamation, Order in Council, regulation, rule, or notification hereunder would but for this section have been construed aS being in excess of that power it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power. Parts of Act. 4. This Act is divided into Parts, as follows :— PART I.—PRELIMINARY (SS. 1-7),; PART IL—ADMINISTRATION (SS. 8-13) ; PART III.—REGISTRATION OF CERTAIN AGRICULTURAL REQUIREMENTS (ss. 14-33) ; PART BT.—INVESTIGATIONS WITH RESPECT TO THE EFFICACY OF AGRICULTURAL REQUIREMENTS (SS. 34-38) ; PART V.—SEEDS— Division I.—The Committee and Sub-committees (ss. 39-42) ; Division II.—Certified Seed Provisions (ss. 43-50) ; PART VI.—CERTAIN OFFENCES WITH RESPECT TO THE SALE OF AGRICULTURAL_ REQUIREMENTS (SS. 51-56) ; * 63 and 64 V. c. 12.

1952. AGRICULTURE. Agricultural Standards Act. 3 PART I.- PRELIMINARY. PART VII.—LABELLING OF AGRICULTURAL REQUIREMENTS— Division I.—Labelling of Seeds (other than certified seed) (ss. 57-58) ; Division II.—Labelling of Agricultural Require- ments Registered under Part III. (ss. 59-62) ; Division 111.—Labelling of Certain Stock Foods (s. 63) ; Division IV. — Labelling of Agricultural Requirements Generally (ss. 64-66) ; PART VIM—PROVISION S RELATING TO INSPECTION, SAMPLING, AND ANALYSIS (SS. 67-76) ; PART IX.—MISCELLANEOUS PROVISIONS (SS. '77-95); SCHEDULES. 5. (1.) All of the Acts specified in the First Schedule gatagls.and to this Act shall, to the extent of the whole of each such First Act, be repealed under and pursuant to this subsection. Soh. Such Acts may be repealed at the same time or at different times. Such repeal shall be effected by the Governor in Council at any time fixing by Proclamation a date on which all such Acts (or, if all such Acts are not repealed at the same time, by the Governor in Council at any time and from time to time fixing by Proclamation a date on which the 'Act or Acts as specified in the Proclamation) shall cease to remain in force and on the last moment of that date so fixed all Acts or the Act or Acts, as specified in the Proclamation, shall, without further or other authority, be and be deemed to be repealed to the extent of the whole thereof as if expressly so repealed by this Act. (2.) On the( repeal of any such Act (hereinafter referred to as "the repealed Act "), but without limiting the operation of *" The Acts Shortening Acts "— (i.) Unless otherwise' expressly provided, every Proclamation, Order in Council, rule, and regulation, if any, made under the repealed Act, in force immediately prior to the repeal * 31 V. No. 6 and amending Acts.

4 PART I,— PRBLIMINARY. AGRICULTURE. Agricialtural Standards Act. 1 ErAz. II. No, 12, of that Act, shall, subject as hereinafter provided, continue in fOrce for the purposes of this Act until it is repealed or amended or otherwise modified under this Act: Provided that every such Proclamation, Order in Council, and regulation shall, while it continues in force, be read and construed subject to this Act; (ii.) Every act of authority originated under the repealed Act and subsisting immediately prior to the repeal of that Act shall continue in full force and effect and shall so far as-is consistent with this Act be deemed to have been originated under and for the purposes of this Act; (iii.) All penalties and forfeitures imposed under any provision of the repealed Act and incurred at the repeal of that Act shall and may be enforced as if the repealed Act had not been repealed ;• (iv.) All matters and proceedings under the repealed Act commenced or pending when that Act is repealed may be carried on and prosecuted as if such repeal had not been made, and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything contained in this Act; (v.) In any Act any reference to or citation of the repealed Act, or to or of the collective citation of Acts in which the repealed Act is included, shall be deemed, unless the context otherwise indicates or requires, to be a reference to or citation of this Act; (vi.) (In the case of the repeal of *" The Seeds Acts, 1937 to 1941 ") it is declared that each and every area registered or deemed to be registered under those repealed Acts for the growing of any crop or crops for the production of certified seed and remaining so registered immediately prior to the repeal of those Acts shall, subject to this Act, continue, without the necessity of further registration, to be so registered under and * 1 G. 6, No. 23 and amending Act.

1952. AG-RICULTURE. Agricultural Standards Act. 5 PART I.— PRELIMINARY. for the purposes of this Act and shall be registered as such under and for the purposes of this Act by the standards officer who shall allot thereto a registered area number which may or may not correspond with the registered. area number allotted thereto under , the repealed Act; and (vii.) Any and every fertilizer, pest destroyer, stock food, or veterinary medicine respectively registered under *" The Fertilisers Act of 1935," f" The Pest Destroyers Act pf 1939,"1" The Stock Foods Acts, 1919 to 1935," or §" The Veterinary Medicines Acts, 1933 to 1938," and remaining so registered immediately prior to the date of the repeal of the Act in question shall, without application or the payment of any fee under this Act, continue to remain registered in the name of the primary dealer concerned in that registration for the remainder of the period during which it would have remained so registered under the repealed Act. For the purposes of the continuance of that registration the standards officer may allot to the fertilizer, pest destroyer, stock food, or veterinary medicine in question a letter or letters and a number or numbers to distinguish that registration which may or may not correspond with the method of distinguishing the registration thereof under the repealed Act; Provided that every registration continued under this Act by virtue of this paragraph shall be subject to this Act but so that it shall be deemed not to be a first registration under this Act. II" Th 6 e . H N e o a t l h t i h n A g c i t n s, th1i9s37Ac to t s1h9a4ll9p, " reojru, daincyeroerg, ualafftieocnt S1 N a o Gv . iep 3 og 1 . Vo an fI d . made under or in pursuance of those Acts. amending Acts. * 26 G. 5, No. 10. t 3 G. 6, No. 8. 10 G. 5, No. 8 and amending Acts. § 24 G. 5 No. 33 and amending Act. II 1 G. 6 No. 31 and amending Acts.

6 PART I.- PRELIMINARY. AGRICULTURE. Agricultural Standards Act. 1 Emz. IL No. 12, Meaning of 7. (1.) In this Act, unless the context otherwise terms. indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say :— Active constituent. "Active - constituent "—Where used with reference to any agricultural requirement, any constituent or active portion thereof • which is or is claimed or prescribed to be the active principle of such agricultural requirement; Advertise- ment. Advertising matter. " Advertisement "—Where used with reference to any agricultural requirement, any method of advertising or conveying information or making any claim with respect to the agricultural requirement, whether orally or by writing or pictorially or otherwise, including any circular, catalogue, leaflet, pamphlet, or other document, and any public announcement made orally or by writing or by any means of producing or transmitting light or sound: And the term " advertising matter" where used with reference to any agricultural requirement includes any advertisement and any matter whatsoever containing or in the nature of an advertisement; Agricultural requirement. • . Analysis. Agricultural requirement"—Any seeds, fertilizer, growth regulating material, lime, pest destroyer, veterinary medicine, stock food, marking preparation, or testing reagent, and any other material prescribed to be an agricultural requirement for the purposes of all the provisions or the provisions or provision in question of this Act: The term, where necessary, includes any group or • sub-group of agricultural requirements as well as any agricultural requirement of any kind belonging to the group or sub-group of agricultural requirements; Analysis "—Analysis or examination or analysis- and examination, including any test or determination relative to standard, quality, composition, or any other -particular with respect to , any material or agricultural requirement, required to be ascertained for the purposes of this Act;

1952. AGRICUL. TIME. Agricultural Standards Act. 7 PART I.—. PRELIMINARY. "Analyst "—Any person appointed as an analyst Analyst. • by or under and for the purposes of this Act: The term includes an acting analyst: For the purposes of this Act in relation to seeds, the term includes any person appointed a seed analyst or seed specialist under this Act; . "As "—(When used preceded by words indicating A. a percentage, proportion, or amount, and name of an active constituent, and succeeded by words indicating the form or forms in which that active constituent occurs) means that such active constituent is present in the agricultural requirement in the form or forms indicated and• in the percentage, proportion, or amount indicated; "Board '—The Agricultural Requirements Board Board. constituted by and under and for the purposes of this Act; "Certification scheme "—A certification scheme certification under and for the purposes of this Act "he' prepared and carried out by the committee; "Certified seed "—Seed.s and other parts of Cared plants used or intended for propagation see purposes which under and pursuant to a certification scheme prepared and carried out by the committee under and for the purposes of this Act are certified with respect to any prescribed particular or particulars, or, being produced in any place outside Queensland and certified under and pursuant to a certification scheme for that place, are approved by the committee as being certified for the purposes of this Act with respect to any prescribed particular or particulars: The term incliides certified mother seed; "Chaff "—Hay or straw cut into short lengths; Chaff. "Cheinmteincadledsteforirlitsheert" re—atAmneyntm, faotretrhiaelpuusrepdosoer e t t 1 ra " l • of destroying micro-organisms, of equipment, machinery, instruments, or utensils used on a dairy: The term includes any material prescribed to be a chemical steriliser for the purposes of this Act;

8 PART I.— PRELIMINARY. Cleanser. Committee. Contained. Crop. Dairy. Declared drug. Department. Disease. AGRICULTURE. ' Agricultural Standards Act. 1ELiz. II. No. 12, "Cleanser "—Any material used or intended for the purpose of cleansing equipment, machinery, instruments, or utensils used on a dairy, or used or intended for any other prescribed cleansing purpose relating to agriculture: Provided that the term " cleaner" does not include soaps and soap powders which are not specifically advocated for use for purposes relating to agriculture: The term includes any material prescribed to be a cleanser for the purposes of this Act; "Committee "—The Seeicl Certification Committee constituted by and under and for the purposes of this Act; "Contained "—Where used with reference to any agricultural requirement, contained, cased, covered, enclosed, or packed; "Crop "—Includes standing plants and the product of any plants grown (including seeds and other parts of plants used or intenided for propagation purposes of a prescr bed hybridism, variety, or strain) ; "Dairy "—Includes any place whatsoever used in connection with the production of milk or cream; "Declared drug "—Any material declared for the purposes of this Act by the Governor in Council by Order in Council or by the regulations to be a declared drug with respect to all or any agricultural requirements; "Department "—The Department of Agriculture and Stock of the Government of Queensland; "Disease "—Where used with reference to any stock, plants, crop, or product thereof, any abnormality or feature affecting the stock, plants, crop, or product: The term includes any insect, mite, nematode, fungus, bacterium, virus, or organism in any stage of development which for the purposes of this Act is prescribed to be a disease with respect to all or any stock, plants, crops, or products thereof;

1952. AGRICULTURE. Agricultural Standards Act. 9 PART I.— PRELIM:WART- Fertilizer "—Any material used or intended as Fertilizer. a fertilizer or manure, or for supplying nutriment for the use of plants, or for remedying or assisting to remedy any deficiency or excess in the soil: The term includes any material prescribed to be a fertilizer for the purposes of this Act: The term does not include lime, nor farmyard, sheep, poultry or stable manure, nor humus, peat, seaweed, town refuse, crude offal, night soil, or `trade waste, unless— (i.) Mixed with a fertilizer; or (ii.) Containing or claimed to contain active constituents as prescribed; or Claimed to possess fertilizing value: Moreover the term does not include any growth regulating material nor any material_ declared by the Governor in Council by Order in Council or by the regulations to be not a fertilizer under this Act; "Fungicide "—Any material used or intended Fungicide. for destroying or preventing the attacks on plants, parts of plants, or on any produce. of the soil whatsoever, or on any stock food of fungi or other parasitic plants or bacteria which affect or which may affect such plants, parts of plants, produce of the soil, or stock food: The term includes any material prescribed to be a fungicide for the purposes of this Act; "Grain "—Seeds and grain used or intended for Grain. the feeding of any stock; "Growth regulating material "—Any material Growth used or intended for promoting or stimulating regtu ig the growth of plants or parts of plants, or increasing the productivity of plants, or decreasing loss or improving the quality of crops, or improving the reproductive capacity of plants: • The term includes any material prescribed to be a growth regulating material for the purposes 'Of this Act:

10 PART I.— PRELIMINARY. Hay. Impurity. Ingredient. Insecticide. Inspeotor. Label. AGRICULTURE. Agricultural Standards Act. 1 Euz. II. No. 12, The term does not include any material declared by the Governor in Council by Order in 'Council or by the regulations to be not a growth regulating material under this Act; "Hay "—Any dried or cured cereal, grass, or legume cut before complete ripeness and from which grain or seed has not been removed; "Impurity "—In relation to any agricultural requirement, any material or any matter or thing whatsoever declared for the purposes of this Act by the Governor in Council by Qrder in Council or by the regulations to be an impurity with respect to that agricultural requirement; "Ingredient "—Any ingredient, component, or material of composition of any agricultural requirement, and which is an original ingredient of composition: Provided that, unless otherwise expressed or implied, ingredients may be secondary products derived from the application of any recognised process or chemical reaction on original ingredients; "Insecticide "—Any material used or intended for destroying insects or other pests which affect or attack plants, or parts of plants, or any produce of the soil whatsoever, or any stock food, or any stock, or for preventing such insects or other pests from affecting or attacking plants, or parts of plants, or any produce of the soil whatsoever, or any stock food, or any stock: The term includes any material prescribed to be an insecticide for the purposes of this Act; " Inspector "—Any person appointed as an inspector under and for the purposes of this Act: The term includes an acting inspector; "Label "—Any label, tag, brand., stamp, stencil, or writing affixed to or upon or inserted in or used or intended for use in connection with any package containing any agricultural requirement, whether or not comprising ally trade mark or pictorial or other , descriptive

1952. AGRICULTURE; Agricultural iStandards Act. 11 PART I.- PRELIMINARY. matter distinguishing or identifying ' that agricultural requirement: The term includes any legible brand, stamp, stencil, or writing however effected upon any package'-; "Lime "—Any material containing lime used or Lime. intended for supplying )1ime in the practice of agriculture: The term includes magnesium limes, dolomite, and gypsum; "Lure "—Any material used or intended to lure L. or attract for purposes of destruction any insect or pest or vermin relating to agriculture: The term includes any material prescribed to be a lure for the purposes of this Act; "Mairnktienngdperdefpoarramtiaornki" n—g oArnbyramndatienrgiaalnuyssetdocokr p M re a p rk a i r n a g tion. for purposes of identification: The term includes any material prescribed to be a marking preparation for the purposes of this Act: The term does not include fire branding or tattooing nor any material declared by the Governor in Council by Order in Council or by the regulations to be not a marking preparation under this Act; "Material "—Any, article, material, or substance, material. natural or prepared, including any mixture or compound or derivative of a material: The term includeS any agricultural require- ment or portion thereof and any material used or intended as an agricultural requirement or which enters into or is ! used in the composition or preparation of any agricultural requirement or any such material: The term also includes any drug, ingredient, or aetive constituent; "Minister "—The Secretary for Agriculture and Minister. Stock or other Minister of the Crown for the - time being charged with the administration of this Act; "Name "—Where used with reference to any Name. agricultural requirement, the distinctive name or the name, designation, or brand of the agricultural requirement, used for distinguish- ing or identifying such agricultural requirement or associated with and intended for distinguishing or identifying the same;

12 PART I.— PRELIMINARY. Neutralising value. Officer. Order in Council. Package. Packeted seeds. Part. Parts of plants. Person. Pest destroyer. Place. AGRICULTURE. Agricultural Standards Act. 1 ELI& II. No. 12, "Neutralising value "—Used with reference to any prescribed material or any ingredient of any agricultural requirement, means capacity - to neutralise acidity (such capacity to be ascertained by the prescribed method) ; "Officer "—The standards officer, or the assistant standards officer, or any analyst, seed analyst, inspector, seed certification officer, seed specialist, member of the Board, member of the committee, member of any sub-committee, or other officer appointed by or under and for the purposes of this Act: The term includes any person who for the time being occupies the office or performs the duties of any such officer; " Order in Council "—An Order in Council made under or continued, for the purposes of this Act, in force by this Act; "Package "—Anything (including any sack, barrel, case, packet, and parcel) in or by which any agricultural requirement is contained; and where agricultural requirements are sold without containers or exterior covering, any bale, block, cake, or slab of agricultural requirement; " Packeted seeds "—Packets, pictorial or otherwise, of seeds made up ready for sale in small quantities for use in home gardens; "Part "—Part of this Act; "Parts of plants "—Includes seeds, flowers, runners, cuttings, buds, bulbs, roots, slip,, and any other parts of plants; "Person "—Includes a body' corporate; "Pest destroyer "—Any chemical steriliser, cleanser, fungicide, insecticide, lure, repellent, vermin destroyer, or weedicide, and any other material prescribed to be a pest destroyer for the purposes of this Act; "Place"—Includes any house, shop, warehouse, factory, vehicle, station, wharf, jetty, shed, tent, thoroughfare, and any land, building, or premises whatsoever and wheresoever situated;

'1952. AGRICULTURE. Agricultural Skin(lards Act.. 13 PART PRELIMINARY. "Plant "—Includes any tree, vine, shrub, Plant. vegetable, or other plant whether of the same kind as the plants before enumerated or not and any part of any plant; "Prepfoaoreddfosrtoacnky fsotoocdk,"— preApanryedk, inwdheotfhemreinalwohroPlerestpocakrefodod. or in part, from one or more than one kind of grain or oils or nuts or juices or meats, or other materials of a like nature, and any condimental, patented, or proprietary food for stock possessing or claimed to possess' nutritive properties or nutritive as well as medicinal properties, and any material of animal or vegetable origin produced in any process of treatment or manufacture not being the primary object of Such process, and any salt or any mineral feed or supplement for stock and any material used or intended as a lick for stock or stock lick; "Prescribed "—Prescribed by this Act ; Prescribed: " Praigmriacuryltudraelarleeqrui" re—hnIenntr, ealnaytipoenrsotno wahnoy, d P e ri a m le a r. ry whether as manufacturer, importer, distributor, seller, agent, or otherwise, is or will be primarily responsible for placing or causing to be placed that agricultural requirement on the market in Queensland; " Proccolanmtiantuioend,"— forAthPeropcularmpoastieosnomfatdheisuAndcetr, ionr tPiorone. iama. force by this Act; " Prohibited material "—In relation to any Prohibited agricultural requirement, any material or material ' matter or thing whatsoever declared for the purposes of this Act by the Governor in Council by Order in Council or by the regulations to be a prohibited material .with respect to that agricultural requirement: In relation to seeds the term includes prohibited seeds; 4 k Prohibited seeds "—Seeds, whether within the Prohibited meaning of this Act or not, or grains declared seeds. for the purposes of this Act by the Governor in Council by Order in Council or by the regulations to be prohibited seeds;

14 PART I.— PRBLIMINARY Purity; pure seed. Registered composition. Registered name. Regulations. Repellent. Rules. Sale. AGRICULTURE. Agricultural Standards Act. 1 Emz. II. No. 12, "Purity "—Analytical purity, and, in relation to seeds, the term "pure seed" means the seeds of which the parcel purports to consist after the impurities have been eliminated: In relation to seeds, the use of the term " purity " or of the term " pure seed" shall not be construed as meaning purity of variety or strain unless expressly prescribed; "Registered \ composition "—Where used with reference to any agricultural requirement registered under Part III., the composition thereof as set forth in the application for registration of that agricultural requirement under that Part, or where that agricultural requirement has been further registered under that Part, as set forth in the last application for further registration of that agricultural requirement under that Part; "Registered name "—Where used with reference to any agricultural requirement registered under Part III., the name under which, for the purposes of this Act, that agricultural requirement is registered under that Part; "Regulations "—Regulations made under or continued, for the purposes of this Act, in force by this Act; "Repellent "—Any material used or intended to repel any insect or pest or vermin relating to agriculture : The term includes any material prescribed to be a repellent for the purposes of this Act; "Rules "—Rules made by the committee under and for the purposes of this Act; "Sale "—Includes placing or causing to be placed on the market in Queensland, and barter and exchange and supply, and also offering or attempting to sell, and supplying or receiving for sale, or having in possession for sale, or exposing for sale, or sending, forwarding, or delivering for sale or on sale, or causing or suffering, or allowing to be sold or offered for sale :

1952. AGRICULTURE. Agricultural Standards Act. 15 PART I.-- PRELIMINARY. The term includes the supplying or using of any agricultural requirement under a contract for work, labour and materials; "Seeds "—Seeds used or intended for planting Seeds. or sowing: The term where necessary includes certified seed: In the case of seeds to which, or to clusters of which, any fruit or part thereof normally adheres, any fruit or part thereof so adhering shall, for the purposes of this Act, be deemed to form part of the seeds; "Seed analyst "—Any person appointed under seed analyst. and for the purposes of this Act as a seed analyst to analyse seeds: The term includes an acting seed analyst; "Seeadppcoeirnttiefdicuantidoenr oanffdicfoerr t"h—e pAunrpyopseesrsoofnoceffrisceerctat. ion this Act as a seed certification. officer: The term includes an acting seed -certification officer; " Seed specialist "—An officer of the Department seed appointed under and for the purposes of sPecithst. this Act as a seed specialist to analyse or to cause to be analysed seeds: The term includes an acting seed specialist; "Speacgiraiclumltuixratul rreeq" u—ireWmietnhtrteosapnedctwtiotharneyspsePct. e m c ix ita ur l e. to which the provisions of Part III. •apply (so far as they are applicable), any mixture of two or more ingredients specially made up to the order of the buyer: The •term does not include any mixture regularly sold; "Stanadsasrisdtsanoftfsictaenr" d—arTdsheofsftiacnedraardpspooifnfitceedr uonr dtheer S of t f a ic n e d r a . rds and for the purposes of this Act: The term includes an acting standards officer or, as the case may be, an acting assistant standards officer; " Stock "—Any horse, mule, ass, cattle, sheep, Stock. goat, pig, dog, cat, domestic fowl, turkey, duck, goose, rabbit, pigeon, bee, and any other animal or bird in captivity;

16 PART I.— PRELIMINARY. Stock food. Straw. Sub- committee. Testing reagent. This Act. AGRICULTURE. Agricultural Standards Act. 1 ELiz. II. No. 12, Stock food "—Any chaff, grain, hay, prepared stock food, straw, and any other material prescribed to be a stock food for the purposes of this Act : The term includes stock foods prescribed to be of low food value: The term does not include cultivated crops cut and sold as green feed, wet brewer's grains, arrowroot, bagasse, whey, skim milk, butter milk . or cornflour factory wet waste, nor any material declared by the Governor in Council by Order in Council or by the regulations to be not a stock food under this Act ; Straw "—Any dried, ripe, or mature cereal, grass, or legume from which seed or grain has been removed in any manner whatsoever; Sub -committee "—A certification sub-committee constituted under and for the purposes of this Act; Testing reagent "—Any material (whether as prepared or on dilution) used or intended for analysing, testing, or standardising any agricultural requirement or soil or water and any material which indicates or is claimed to indicate any property or condition associated with any stock or plants or products thereof: The term includes any material prescribed to be a testing reagent for the purposes of this Act: The term does not include any testing reagent used in any recognised laboratory or industrial premises nor . any material declared by the Governor in Council by Order in Council or by the regulations to be not a testing reagent under this Act; "This Act "—This Act and all Proclamations, Orders in Council, regulations, rules, and notifications made under or continued for the purposes of this Act in force by this Act;

1952. AGRICULTURE. Agricultural Standards Act. 17 PART I.- PRELIMINARY. "UndDeer pSaerctrmeteanrty: " T—heTtheermUnindcelruSdeecsreatnayrypoefrstohne suzd r eetr ary. who for the time being occupies the office or performs the duties of that Under Secretary; "Vehicle "—Any vehicle of transport by land, Vphicle. water, or air ; "Vermin destroyer "—Any material used or Vermin intended for destroying rabbits, rodents, destroyer. dingoes, foxes, or other prescribed noxious animals or any prescribed noxious birds: The term includes any material prescribed to be a vermin destroyer for the purposes of this Act; "Vetaenriynamryixmtuerdeic, ionrec" o—mApnoyunmdaotefrioanl,einocrlumdoinrge mVeedteirciinnaer. y drugs or ingredients in any form, or any biological product, including both living and dead organisms and sera, used or intended for administering or application to any stock by any means for the purpose of--- (i.) Curing, alleviating, or treating any injury to such stock; or (ii.) Preventing, curing, alleviating, or treating any disease or ailment in such stock; or Destroying any internal parasite, or internal pest affecting such stock; (iv.) Diagnosis in relation to such stock; or (v.) Improving the health of, or increasing the capacity of, such stock for work, production, reproduction of progeny, or show purposes; and any material prescribed to be a veterinary medicine for the purposes of this Act: The term includes— (a) Aphrodisiacs and anaphroclisiacs : and (b) Dehorning preparations: • The ter-in does- not include (i) Any pest destioyer or st9ck food or testing reagent; •

18 PART I.- PRRLIMMARY. AGRICULTURE. ' Agricultural Standards Act. 1 Ruiz. II. No. 12, (ii) Any veterinary medicine actually prescribed by a veterinary surgeon registered under 4“ The Veterinary Surgeons Acts, 1936 to 1946," in the course of the practice of his profession as such; (iii.) Any veterinary medicine supplied by a veterinary surgeon registered under *" The Veterinary Surgeons Acts, 1936 to 1946," for any stock for the time being under his professional care or charge; and (iv.) Any veterinary -medicine actually compounded by a pharmaceutical chemist registered under -I- The Pharmacy Acts, 1917 to 1939," for the purposes of its application to any particular stock under the control of a particular person: Provided that any veterinary medicine regularly sold or compounded for general sale in the State shall be a veterinary medicine under and for the purposes of this Act; Weedicide. Weedicide "—Any material used or intended for destroying or preventing the spread of any plants: The term includes any material prescribed to be a weedicide for the purposes of this Act; Derivatives. (2.) Derivatives of any term to which a meaning is assigned by this section shall in this Act, unless the context otherwise indicates or requir6s, have a corresponding meaning. oRtehfeerreAncctes. to be ta(k3e.n) Atoniyncrleufdereeancreefienretnhcise Atocat ntoy alantyeroAthcetraAmcetnsdhianlgl or in substitution for that other Act. Meaning of term (4.) Unless the context otherwise indicates or " agricul. requires, any reference in this Act to any agricultural trueqraulirement requirement contained in a package or to any package of contained in agricultural requirement shall, in its application to awaghpreiacncukltaugreal" acgornitcauinlteurrsalorreeqxuteirreiomrecnotvs ewrihnigc, hbaerecosnosldtruweidthaosuat srceooqlndutaiwrienimethre,onutt raegfriecruelntucreal troeqauniryembeanlet., block, cake, or slab of the * 1 E. 8 No. 17 and amending Act. f 8 G. 5 No. 11 and amending Acts.

1952. AGRICULTURE. Agriculturai,Standards Act. 19 ,PART PRRLININARY. (5.) Any reference in this Act to groups of Groups of agricultural requirements refers to the seeds, fertilizers, growth regulating materials, lime, pest destroyers, ments, &c. veterinary medicines, stock foods; marking preparations, and testing re-agents groups and any other prescribed groups of agricultural requirements, and any reference in this Act to sub-groups of agricultural ,requirements refers, in the case of pest destroyers, to the chemical sterilisers, cleansers, fungicides, insecticides, lures, repellents, vermin destroyers, and weedicides sub-groups and any other prescribed sub-groups of those agricultural requirements, and, in the case of stock foods, to the chaff, grain, hay, prepared stock foods, and straw sub-groups and any other prescribed sub-group of those agricultural requirements, and, in the case of any other group of agricultural requirements, if prescribed as so prescribed. (6.) Unless otherwise expressly 'provided by, this Act Meanings of aunseydteinrmantoy winhviocihcea, mlaebaenl,inogr aisdvaessrtiigsneemdebnyt rtehliastisnegcttioon rel = atin in g s . to. , apnuyrpaogsreiscuolftuthriasl Arecqtusihreamll ebnetdoereumseedd tion haanvyeftohremmfeoarntihnegarEfulttsle. tural assigned to that term by this section. PART IL—ADMINISTRATION. PART II.— AMUR'S- TRATION. in Co 8 u . n ( c 1 il .) mFayorfrtohme ptiumrepotosetismoefbthyinsoAtifcitc, atthioenGpoubvleirsnheodr m A o p z p et o r in :. f t- in the Gazette appoint a standards officer and an assistant standards officer, and such analysts, seed analysts, inspectors, seed certification officers, seed specialists, and other officers as he deems necessary for the effectual execution of, this Act and may from time to time, when he deems necessary, likewise appoint any person to act temporarily in any such office Provided -that this subsection shall not apply to the, appointment of officers of the Department or of other persons to be members of the Board, or of the committee, or of any sub-committee: Provided further that the person who for the time being occupies the office or performs the duties of Agricultural Chemist in the Department shall without further or other appointment, during the period he occupies that office or performs those duties, be and be deemed to be an analyst under and for the purposes of this Act.

20 PART "L— AMERS- TRATION. AGRICULTURE. Agricultural Standards Act. 1 Euz. II. No. 12, Saving. (2.) Officers of the Department and, with the prior approval of the Secretary for Public Instruction, officers of the Department of Public Instruction, may be appointed seed certification officers for the purposes of this Act and each and every such appointee may hold such appointment in conjunction with the office for the time being held by him in the Department or, as the case may be, Department of Public Instruction. (3.) Nothing in this Act shall prejudice or in any way affect the application of the provisions of *" The Public Service Acts, 1922 to 1950," and of the regulations thereunder, to any officer appointed by or under and for the purposes of this Act. The 9. (1.) For the purposes of this Act with respect to AmRegeqrniutcsiurelt-ural gmreodwicthinreesg, usltaotcikngfomodatseirniarlesl, aptieosnt dtoeswtrhoiycehrsa, nvyectelariimnarays Board. to efficacy is or is intended to be made, testing reagents, and other agricultural requirements which cannot be registered or further registered under Part III. except upon and in accordance with its recommendation, and other prescribed matters, there shall be constituted a Board to be called "The Agricultural Requirements Board," which shall have such functions, powers, authorities, and duties as are conferred or imposed upon it by this Act. Constitution (2.) The Board shall be deemed to be constituted of the Board. on and from the date of the first appointment of the members, other than the ex officio members, thereof, and shall consist of— (1.) The Agricultural Chemist for the time being in the Department, or the person who for the time being occupies the office or performs the duties of Agricultural Chemist in the Department, who shall ex officio be a member of the Board and chairman thereof; (ii.) The standards officer for the time being who shall ex officio be a member of the Board, and in and during his absence and in the event of and during any vacancy in that * 13 G. 5 No. 31 and amending Acts.

1952. AGRICULTURE. . :Agricultural Standards Act. 21 PART n.- ADMINIS- TRATION. office the assistant standards officer for the time, being who shall also act without appointment, and , five other members appointed from time to time on the nomination of the Minister by the Governor in Council by notification published in the Gazette, such other members being respectively— (iii.) An entomologist (plants) ; (iv.) A parasitologist (veterinary) ; (v.) A pathologist (plants) ; and (vi.) and (vii.) Veterinary surgeons: Provided that the Board shall have power to co-opt any officer of the Department to act in an advisory capacity with respect to all or any agricultural requirements. (3.) Each and every member of the Board other Tenure of than the ex officio members thereof shall, subject to this office. Act, hold office as such for such term as is prescribed (but so that any such term shall not exceed three years) and be eligible for reappointment. (4.) When a vacancy arises in the office of a member Extra- orefstihgenBatoioanrd, oorthoetrhtehrawnistheeh e o x w o s ff o ic e i v o emr, etmhebeGrso, vbeyrndoeartihn, voardcainnacriyes. Council shall thereupon appoint, by notification published in the Gazette, a member to hold office for the remainder of the term of his predecessor. , (5.) If any member is likely from any cause to be Deputy absent from any meetings of the Board for any period members ' the Minister may appoint a deputy to act for that member during his absence, and that deputy shall, while he so acts, have the powers and authorities and shall perform the duties of the member whose deputy he is. (6.) Not less than four members of the Board shall Quorum. form a quorum at any meeting of the Board. (7.) The Board shall meet at such times and places meetings. and conduct its business in such manner as may be prescribed or, in so far as not prescribed, as it may from time to time decide. (8.) The chairman of the Board shall preside at all Temporary meetings of the Board at which he is present. In the chairman ' absence of the chairman or in the event of any vacancy in that office a temporary chairman shall be appointed by the Board.

22 PART II.- ADNINIS- TRATION. AGRICULTURE. Agricultural Standards Act. 1 Euz. IT. No. 12, The person presiding at any meeting of the Board (whether the chairman or the temporary chairman) shall have a deliberative vote and, in the event of an equal division of votes, shall also have a casting vote. Power to form (9.) The Board may from time to time form committees. committees for the purpose of conducting business with respect to any agricultural requirement or agricultural requirements and may at any time terminate any and every committee so formed. Fpdouuwtniecestrisoo,nfasn, d Boa1rd0.anTdheshsatalnl dhaarvdes osuffcicherfusnhacltliobness,epcroewtaeryrso, fatnhde sotfafincdera.rds authority and shall perform such duties as are conferred or imposed on the standards officer by this Act. TCCheoremtiSmfiecietadtteieo. n the c1e1rt.ifiFcoatriothneopfusrepeodsseasnodfotthhiesrApacrttswoitfhprleansptsecutsetod or intended for propagation purposes and other prescribed matters, there shall be constituted a committee to be called "The Seed Certification Committee" which shall have such functions, powers, authorities, and duties as are conferred or imposed upon it by this Act. Certification 12. The Minister may from time to time, by cSoumb-mittees. notification published in the Gazette, constitute such and so many sub-committees as he may deem necessary for the purposes of this Act, and may, at any time by like notice, cancel any such sub-committee. Each such sub-committee shall be called "The (Designation of Seeds or, as the case may be, other parts of plants) Certification Sub-committee" and, subject to this Act, shall assist .the committee in the performance and execution of its functions, powers, authorities, and duties under this Act and shall be subject to any specific directions by the committee in relation thereto. Judicial 13. Judicial notice shall be taken of each and every nnoottiicfiecaotfions. notification published in the Gazette under this Part. PART III.- REGISTRATION 95ACGERRIOTUALI-N PART 111.—REGISTRATION OF CERTAIN AGRICULTURAL TURAL REQUIRE- REQUIREMENTS. HERTS. Application 14. (1.) This Part shall, except where the context of this Part. herein otherwise indicates or requires, apply to and with respect to fertilizers, growth regulating materials, lime, pest destroyers, veterinary medicines, prepared stock foods, stock foods in relation to which any claim as to efficacy is or is intended to be made, marking

AGRICULTURE. 23 1952. Agricultural Standards Act. PART M.— REGISTRATION OF CBRTAIN preparations, testing reagents, and • other agricultural requirements to and with respect to which the provisions of this Part are declared by the Governor in Council by Order in Council to extend and apply: TIIRAL REQUIRB- IdENTS. Provided that this Part shall not apply to and with respect to any agricultural requirement hereinbefore referred to in this subsection which is sold only in bulk lots, not packed ready for resale, to any person who manufactures, mixes, or prepares for sale any agricultural requirement. (2.) Declarations, as referred to in subsection one Declarations of this section, may be made by the Governor in Council ektdeng•n from tinie to time by Order in Council, and the Governor this PTO g in Council may at any time and from time to time rt°e an ec cit wtoith revoke, by a notification published in the Gazette, any agricultural such declaration, or if a declaration relates to more than one aaggrricicuultluturaral l requirement, that declaration or so much of that declaration as is specified in the notification. Each declaration shall specify a date on and from which the provisions of this Part shall extend and apply to and with respect to the agricultural requirement or agricultural requirements the subject Of that declaration and on and from the first moment of that specified date the provisions of this Part, so far as they are applicable, • shall extend and apply accordingly. Each notification revoking a declaration or part of a declaration shall specify a date on which the provisions of this Part shall cease to extend and apply to and with respect to the agricultural requirement or agricultural requirements the subject of the declaration or, as the case may be, part of a declaration revoked and on the last moment of that date the provisions of this Part shall cease to extend and apply accordingly. (3.) In the application of the provisions of this Part Reference to to and with respect to any agricultural requirement the c " othe ence. subject of a declaration under this section, unless ment of this otherwise expressly provided, a reference in any itti,;;Zt.0 provision of this Part relating to any agricultural declared requirement to the commencement of this Act, shall be agricuel_tural read and construed as a reference to the time on which mrescluts. that provision shall commence to extend and apply to and with respect to that agricultural requirement.

24 AGRICULTURE. PART III.- REGISTRATION OF CERTAIN Agricultural Standards Act. lErsz. II. No. 12, AGRIO1M- VIRAL REQUIRE- 15. A person shall not at any time after Prohibition the thirty-first day ' of January next following the uonfrseagliestoefred commencement of this Act sell any agricultural agricultural requirement to and with respect to which this Part m r eaqnutiare. " raepgpilsiteesr,edunulnedsesrththaitsaPgarritc. ultural requirement is then Where, with respect to any agricultural requirement, a person who is a primary dealer in that agricultural requirement is convicted for an offence against this section he shall be liable for a first offence to a penalty of not less than ten pounds and not exceeding one hundred pounds, and for any subsequent offence to a penalty of not less than twenty pounds ancl not exceeding one hundred pounds. tfAiooprnprleoigcfaisttiroan- requ 1 ir 6 e . m ( e 1. n ) tAtoparnidmwariythdreeaslpeercitntoanwyhaicghritchuisltuPraarlt agricultural applies— require- ments. (i.) Who at any time after the commencement of this Act and before the thirty-first day of January next following that date sells; or (ii.) Who at any time on or after the thirty-first day of January next following the commencement of this Act intends to sell, ' that agricultural 'requirement shall— (iii.) In the case of subparagraph (i.) aforesaid, during the month •ending on that thirty-first day of January; and (iv.) In the case of subparagraph (ii.) aforesaid, before he commences to sell that agricultural requirement, make application under and in accordance with this Part for the registration under this Part of that agricultural. requirement: Provided that where an agricultural requirement has been registered or further registered under this Part in the rine of a primary dealer, then while that agricultural requirement remains §o registered any other person to whom this subsection applies may sell and continue to sell that agricultural requirement without making application for its registration under this Part as required by this subsection but if thtat agricultural requirement ceases to be registered under this Part

AGRICULTURE. 25 1952. Agricultural Standards Act. PART ill.— ' MINISTRATION OF CERTAIN AGRIOUD- VIRAL then he shall not sell that agricultural requirement It /MTS. unless and until such agricultural requirement is again registered under this Part. ' Nothing in the proviso to the first paragraph of this subsection shall prohibit the registering under this Part in the names of more than one primary dealer of any agricultural requirement manufactured, mixed, or prepared for sale by one and the same person. (2.) An application by a primary dealer in whose Application name any agricultural requirement has been registered itrgifsut Z rt orn Or further registered under this Part for the further of registration of that agricultural requirement shall be ar fik.ueltural made under and in accordance with this Part before ments. the date of the expiry of that .registration ascertained in accordance with section twenty-two of this Act. (3.) The provisions of this section shall not prejudice or affect any other provision of this Act relating to the sale of any agricultural requirement referred to herein. 17. (1.) Applications for the registration or further Mode of registration under this Part of agricultural requirements Iprplication to and with respect to which this Part applies shall be registration. made in accordance with this section. (2.) Any and every such application shall be made to the standards officer. (3.) The prescribed form of application for the registration or further registration under this Part of each and every such agricultural requirement, or a form to the like effect, shall be signed by or on behalf of the primary dealer making the application and shall contain the following information and statements, namely— (i.) (a) The name of that primary dealer and, where the form of application is signed on behalf of the primary dealer, the name of the person signing that form and the relationship in which he stands to the primary dealer; (b) The name under which the applicant primary dealer carries or intends to carry on the business of placing or causing to be placed on the market in Queensland that agricultural requirement; (c) The sole or principal place of that business in Queensland of that primary dealer;

26 PART III.- RIGIBTRATION OF CBRTAIN AGRICUL- TTIRAL ItEQUiRE- NORMS. AGRICULTURE. Agricultural Standards Act. 1 Etaz. II. No. 12, The name of that agricultural requirement; The name and address of the person who manufactures, mixes, or prepares for sale that agricultural requirement; The names of the ingredients composing that agricultural requirement and the percentage or proportion in which each such ingredient is contained therein Or the amount of each such ingredient: Provided that where that agricultural requirement, being a veterinary medicine or other agricultural requirement to which the provisions of this proviso are prescribed to apply, contains or consists of any drug or drugs included in any Pharmacopoeia or other authority, each and every such drug shall be expressed in terms of the standard applied thereto in the British Pharmacopoeia, or if the drug is not mentioned therein, in the British Pharmaceutical Codex, or if not mentioned in either the British Pharmacopoeia or the British Pharmaceutical Codex, in the Pharmacopoeia or other authority wherein the drug is included and in such last-mentioned case the particular authority shall be specified: Provided further that, in the case of any agricultural requirement, where the ingredients are unknown to the applicant primary dealer it shall suffice to insert a statement to the effect that the names of the ingredients and the percentage or proportion in which each such ingredient is contained in that agricultural requirement or the amount of each such ingredient are undisclosed to him and that the ingredients of the agricultural requirement and the respective' percentages or proportions or amounts thereof will be as contained in the agricultural requirement of the same name received by him for placing or causing to be placed on the market in Queensland or for sale' and such statement shall be supported by the form • referred to in subsection four of this section;

1952. AGRICVLTURE. 27 Agricultural Standards Act. PART 111.- REGISTRATION OF CERTAIN AGRIOUL- VIRAL (v.) Where that agricultural requIrenient is a ititgr: fertilizer, or a growth regulating material, or lime, or a pest destroyer, or other agricultural requirement to which the provisions of this subparagraph are prescribed to apply, the constituents of that agricultural requirement which are or are claimed to be active constituents, and the percentage or proportion in •which each such active constituent is contained therein or the amount of each such active constituent, expressed in each and every case in the prescribed terms, where terms are prescribed; (vi.) With respect to the packages in which that agricultural requirement is or will be contained when placed on the market in Queensland or sold, the net weight or measure contained in those packages, and if those packages differ in any such respect, the net weight or measure contained in each and /every different package; i.) A statement that the labels and the directions or recommendations for use accompaiTing that form of application are true 'and correct specimen copies of the various labels and the directions or recommendations for use which are or will be affixed to or upoh or inserted in the respective packages in which that agricultural requirement is or will be contained when placed on the market in Queensland or sold or which are or will be used or issued on or in connection with the sale of that agricultural requirement; (viii.) Where that agricultural , requirement is •a growth regulating material, a pest destroyer, a veterinary medicine, a stock food in relation to which any claim as to efficacy is or is intended to be made, or a testing reagent, or any other agricultural requirement which cannot be registered or further registered wider this Part except upon and in accordance with the recommendation of the Board, the purpose or purposes for which that agricultural requirement is or is intended to be .claimed to be efficacious and full and ,

28 AGRICULTURE. PART HI.— RIMISTRATION .0E CERTAIN AGRIOUL- TURAL REQUIRE- MEETS. Agricultural Standards Act. 1 Er_az. IL - No. , 12, complete particulars with respect to the directions or recommendations for the use of that agricultural requirement for that purpose or, as the case may be, those purposes, and in addition— '(a) (If that agricultural requirement is a pest destroyer) the particular pest, disease, vermin, or plant which that pest destroyer is or is intended to be claimed to destroy, prevent, lure, or repel, as the case may be, and, where applicable, the particular host associated therewith; or (b) (If that agricultural requirement is a veterinary medicine)— (1) The injury to stock which that veterinary' medicine is or is intended to be claimed to cure, alleviate, or treat; or (2) The disease or ailment of stock which that veterinary medicine is or is intended to be claimed to prevent, cure, alleviate, or. treat; or (3) The internal parasite or internal pest affecting stock which that veterinary medicine is or is intended to be claimed to destroy; or (4) The diagnostic purpose of that veterinary medicine; or• (5) The improvement in the health of or the increase in the capacity of stock for work, production, reproduction of progeny, or show purposes which that veterinary medicine is or is intended to be claimed to effect; or (c) (If that agricultural requirement is not a pest destroyer or veterinary medicine) such matters as may be prescribed for this purpose; and (ix.) Any other information and any, other statements as may be prescribed. Where (4.) Where the names of the ingredients of any inenzagem.r,eemdsiioednfists., aapgprilcicualttiuornalforreqreugiirsetmrateinont worhfiucrhthiesrtrheegissUtrbatjieocnt uonfdaenr pdcleroiamsleeadrr.yto tthhiesrePoafrtaarnedutnhdeispcelrocseendtatgoetshoerpprriompaorrytiodnesaloerrammaokuinntgs that application, then the form of application for

AGRICULTURE. 29 1952. Agricultural Standards Act. PART M.- REGISTRATION OF CERTAIN AGRI0131- MEAL registration oorr further registration containing that statement shall be supported by a form, as prescribed, or a form to the like effect, signed by the person who manufactures, mixes, or prepares for sale that agricultural requirement or his agent and containing the following information and statements, namely :— DONT& (i.) The name and address of the person who manufactures, mixes, or prepares for sale that agricultural requirement and, where the form is signed by an agent as aforesaid, the name of the person signing that form; (ii.) The name of the primary dealer whose application for registration, it is desired to support; The name of that agricuftural requirement; (iv.) The names of the ingredients composing that agricultural requirement and the percentage or proportion in which each such ingredient is contained therein or the amount of each such ingredient: Provided that where that agricultural requirement, being a veterinary medicine or other agricultural requirement to which the proviisions of the first proviso to subparagraph (iv.) of subsection three of this section are prescribed to apply, contains or consists-of any drug or drugs included in any Pharmacopoeia or other authority, each and every such drug shall be expressed in terms of the standard applied thereto in the British Pharmacopoeia, or if the drug is not mentioned therein, in the British Pharmaceutical Codex, or if not mentioned in either the British Pharmaco- poeia or the British Pharmaceutical Codex, in the Pharmacopoeia or other authority wherein the drug is included and in such lastmentioned case the particular authority shall be specified; and Where that agricultural requirement is a fertilizer, or growth regulating material, or lime, or a pest destroyer, or other agricultural requirement to which the provisions of subparagraph (v.) of the first paragraph of subsection three of this section are prescribed to apply, the constituents of that agricultural

30 AGRICULTURE. PART III.— REGISTRATION OF CERTAIN AGRIC1TL- T1TEAL REQUIRE- RENTS. Agricultura2 Standar18 Act.1 Euz. II. No. 12, requirement which are or are claimed to be ' active constituents and the percentage or proportion in which each such active _constituent is contained therein or the amount of each such active constituent, expressed in each and every case in the prescribed terms, where terms are prescribed. Form of application (5.) The form of application for the registration or to be accom. further registration under this Part of any agricultural a p p eeaal, r?ndebn y a of requirement shall be accompanied b—y• labels and by prescribed fee, &c. (i.) True and correct specimen copies of the various labels which are or will be affixed to or upon or iiwrted in the respective packages in which that agricultural requirement is or be contained when placed on the market in Queensland or sold or which will be used on or in connection with the sale of that agricultural requirement; (ii.) The amolint of the prescTibed registration fee; True and correct specimen copies of the directions or recommendations, if any, concerning the use of that agricultural requirement which are or will be issued on or in connection with the sale of that agricultural requirement; and (iv.) Such other matters and things as may be prescribed. Cotifooannpsfptoiltriuctai-on anyt(h6i.n)gF: otroththeepcuorpnotrsaersyofcothnitsaAincetdanind tnhoitswsiethcsttiaonnd, ianng ardenegdeimswterhadetitnoon aupnpdleircathtiiosnPfaorrt tohfearneygiasgtrraitciuolntuorralfurertqhueirreremgeisnttrasthioalnl have been comprise— made. (i.) The form of application specified in subsection three of this section duly signed and containing all the information and statements required by that subsection to be supplied with respect to that agricultural requirement; (ii.) (Where subsection four of this section applies) the form required by that subsection to support the form of application aforesaid, duly signed and containing all the information and statements required by that subsection to be supplied with respect to that agricultural requirement; and

AGRICULTURE. — 31 PART 1952. Agricultural Standard,8 Act. B rCEIRtATEIRN AGRIOUfr TURAL (iii.) The matters and things required- by subsection Ba NR u N m TS. - of this section to accompany the form of application aforesaid, and such application shall be deemed to have been made when that application comprised as aforesaid is lodged with the standards officer. pest d 1 e 8 s . tr ( o 1 y . e ) r, Bveeftoerrienaarnyymgerdoiwcinthe,rsetgocuklaftoinodg imn aretleartiiaoln, taFpuhpencttailoln' ads: o11f tmoawdeh,ictehsatinnyg crleaaigmenats, toor eoftfhiecracaygriiscuolrtuisrainl treenqdueirdemtoebnet r f o o e r fgistration to which the provisions of this section are prescribed to agricultural apply is registered or further registered under this Part Ineciruete- Mennt the standards officer shall submit to the Board the to which documents comprised in the application for registration mcia. de aigs to and such other matters and things as the Board may efficacy. require for the purpose of the Board making a report and recommendation to the standards officer, in such form and containing such other information and statements as it thinks fit, as to whether or not, in the opinion of the Board, that agricultural requirement is efficacious upon use for the purpose or purposes for which that agricultural requirement is or is intended to be claimed, as set forth in the form of application, to be efficacious, and whether or not the Board approves of the registration, or as the case may be, further registration of that agricultural requirement. (2.) No agricultural requirement to which subsection one of this section applies shall be registered or further registered under this Part by the standards officer except upon and in accordance with the recommendation of the Board, and every such registration or further registration shall be made in respect only of its sale for use for such purpose or purposes as the Board in its report approves. (3.) Where the Board recommeRds that any agricultural requirement to which subsection one of this section applies should not be registered or further registered the standards officer shall refuse to register or further register, as the case may be, that agricultural requirement and shall notify the applicant primary dealer of such refusal. 19. (1.) Subject to this Act, the standards officer Registration upon being satisfied that the provisions of this Act °afgricuiturd relating to the application, the applicant primary dealer, require- and the subject, agricultural requirement have been m"ts•

32 AGRICULTURE. PART MINISTRATION OF. CERTAIN Agricultural Standards Act. lElaz.n. No. 12, Aamoufr VIRAL ItB B Q EN U T IB S B . - complied with, and if, in any case to which subsection one of section eighteen of this Act applies, the Board recommends that the agricultural requirement be registered or, as the case may be, further registered, the standards officer shall register, or as the case requires, further regiiter that agricultural requirement under this part and shall notify the applicant primary dealer of the registration or further registration of that agricultural requirement under this Part. (2.) The standards officer shall refuse to register or, as the case may be, further register under this Part an agricultural requirement which does not comply in every respect with any. standard prescribed for that agricultural requirement. (3.) The registration or further registration of any agricultural requirement under this Part shall be subject to this Act, including any conditions prescribed in relation to such registration or further registration. (4.) A notification of registration or further registration of any agricultural requirement under this Part shall b.e in such form as is prescribed or a form to the like effect. Registered name. 20. Any agricultural requirement which bears the same name as an agricultural requirement already registered under this Part shall not be registered under this Part under that name: Provided that this section shall not apply where an agricultural requirement the subject of an application for registration under this Part and an agricultural requirement already registered under this Part are manufactured, mixed, or prepared for sale by one and the same person, nor where an agricultural requirement the subject of an application under this Part is, prior to the lodgment of such application, in common use under the same name as an agricultural requirement already registered under this Part, nor in any other prescribed case, but in every such case the registered name of the agricultural requirement for which registration is applied for shall be distinguished in such a manner as the standards officer thinks fit, whether by the addition to the name of that agricultural requirement of a letter or number or both or as he may otherwise determine.

AGRICaTURE,. 33 PART m.- 1952. Agricultural Standards Act. REGISTRATION OF CERTAIN AGRIOUL- TURAL REQUIRE- after 2 t 1 h . e ( 1 lo . ) dgTmheesnttawndiathrdhsiomffoicfearnmaapypalitcaantyiotnimfoermsPionweurs° l.ithe registration or further registration under this Part of an officer to agricultural requirement, by writing under his hand, frueZtre.thgeof require the applicant primary .dealer, within such time additional as he may specify therein, to furnish him with or lodge filformation, with him such additional information and matters and things concerning that application or agricultural requirement, or to substitute for any Matters or things comprised in that application any other matters \ or things, as he deems necessary for carrying out the objects and pulToses of this Act with respect to such registration or further registration and if the applicant primary dealer fails to comply with that requirement, may refuse to register, or as the case may be, further register that agricultural requirement under this Part. (2.) Without limiting the provisions of subsection one, of this section, the standards officer may at any time after the lodgment with him of an application for registration dr further registration under this Part of an ' agricultural requirement or while that agricultural requirement remains registered under this Part, by writing under his hand, require the primary dealer concerned, or any other person who is able to give the information, to furnish to the standards officer within thirty days (or within such extended time as the standards officer iay specify in his demand) of the issuing of the requirement such information and matters and things concerning that agricultural requirement as he deems necessary for carrying' out the objects and purposes of this Act, including— (L) True and correct specimen copies of the various labels' and all advertising matter • and the directions or recommendations for use used or issued in connection with the sale or proposed sale of that agricultural requirement; and (H.) Experimental proof of claims made with respect to the efficacy of that agricultural requirement for any purpose or purposes, or any one or more of these things, and the person to whom such a request is made shall furnish the information or matters or things required accordingly.

34 AGRICULTURE. PART III.- REGISTRATION OF CERTAIN Agricultural Standard8 Act.1 Euz. II. No. 12, AGRICUL- TURAL REQUIRE- VENTS. The standards officer shall not be bound to accept as proof of• any claim made with respect to the efficacy of any agricultural requirement for any purpose or purposes any information, or matter, or thing furnished under this subsection. If, upon being required under this subsection, experimental proof of claims' made with respect to the efficacy of any agricultural requirement for any purpose or purposes is not furnished by a primary dealer in that agricultural requirement within the time specified, it shall be assumed for the purposes of this Act that such experimental proof does not exist. • Period of 22. (1.) Subject to this Act, each and every registration agricultural requirement to and with respect to which oagf ricultural this Part applies shall be and be deemed to be registered require- under this Part on and from the date. of the issue of the ments. notification of registration under this Part of that agricultural requirement and until and including the date of expiry of that registration ascertained in accordance with this section. • (2.) Subject to this Act, the further registration of any agricultural requirement under this Part (whether that agricultural requirement has previously been further registered or not) on or before the date on which the registration of that agricultural requirement would have expired if such further registration had not been effected, shall continue that registration under this Part in force from that date of expiry for a further period until and including the date of expiry of that further registration ascertained in accordance with this section ( and during that• further period that agricultural requirement shall continue to be and to be deemed to be registered under this Part, and so on accordingly. (3.) In the case of fertilizers, growth regulating materials, lime, pest destroyers, veterinary medicines, and prepared stock foods and other stock foods registered under this Part, • the first registration of each and every one of those agricultural requirements shall expire on the thirty-first day of January next following the third anniversary of the commencement of this Act, or, if such first registration is effected at any time after the thirty-first day of January aforesaid, such latter registration shall expire on that thirty-first day of January occurring triennially after

AG-RICULTURE. 35 PART III.- 1952. Agricultural 8tandard8 Act. REGISTRATION OF 'CBRTAIN AGRIGITL- TURA", the thirty-first day of January first mentioned and next REJOQIUNITRSE. - following the date of the issue under this Part of the notification of first registration of that agricultural requirement. (4.) In the case of any agricultural requirement, other than those agricultural requirements referred to in subsection three of this section, firstly registered under this Part, the registration of that agricultural requirement shall expire on the prescribed date and the regulations shall prescribe all matters and things necessary or c Onvenient to enable that date of expiry to be ascertained. (5.) Whenever an agricultural requirem,ent is further registered under this Part, the continuation of the registration of that agricultural requirement by virtue of that further registration shall expire upon the date when the registration of that agricultural requirement under. this Part would ex,pire were it first registered under this Part upon the first day of that continuation. by th 2 e 3 t . er ( m 1. n ) " Aanrenguilstrreagtiiosntrfaeteio( nhefreeein" a)ftsehrarlelfebrerepdatiod f r4. eerirnturaaltion by the primary dealer concerned to the Under Secretary for each' and every year in respect of the registration under this Part of each and every , agricultural requirement to and with respect to which this Part Applies. (2.) (a) The prescribed registration fee accompanying the application for registration or further registration under this Part of an agricultural requirement shall for the purposes of this section be and be deemed to be the payment of the annual registration fee payable in respect of the registration of that agricultural requirement-- (i.) (Where that application is an application for registration) for the year ending ,on the thirty-first day of January next following the.. date of the issue of the notification of registration under this Part of that agricultural requirement; (ii.) (Where that application is an application for further registration) for the year ending on the thirty-first day of January next following the date on which the registration under this Part of the agricultural requirement would have expired but for the further registration of that agricultural requirement under this Part pursuant to- that application for further registration.

36 AGRICULTURE. PART M.— REGISTRATION OR CERTAIN AGRICEL- TURAL RRQIIIRE- RENTS. Agricultural Standards Act. 1 ELIZ. II. No. 12, (b) For each and every year, other than a year referred to in paragraph (a) of this subsection, the annual registration fee payable in respect of the registration under this Part of an agricultural requirement shall be paid during the month of January immediately preceding the year for which it is payable. Effect of (3.) When an annual registration fee for any year nofon-payment in respect of the registration under this Part of any registration agricultural requirement, is required by subparagraph fee. (b) of subsection two of this section , to be paid during the month of January immediately preceding that year, then if that registration fee is not paid to the Under Secretary on or before the last day of that month the registration under this Part of that agricultural requirement shall on the last moment of that last day and without further or other authority or process be and be deemed to be cancelled and shall no longer be in force: Provided that if such registration fee together with the penalty imposed by this section for late payment thereof is paid at any time during the year in respect of which that registration fee is payable the registration under this Part of that agricultural requirement shall, subject to this Act, recommence, without the necessity of lodging a fresh application for rdestration, on and from the date of such _payment for the remainder of the period for which it would have remained in force if the registration fee had been paid at the due time. P fpoa e ry n lm a a l te t e y nt late p( 4ay.) mUennlteossf oatnhneurawlirseegpisretrsactriiobnedfe, ethsefopretnhaeltryegfoisrttrhae- ofreefega. instnruatailon ttihorneeofoafgrtihciusltsueracltiroeqnu, isrehmalelnbtse, rteefnerrsehdiltloiningssupbesercftiivone agricultural requirements or portion thereof registered in the name of the one and the same primary dealer Jr every month or part of a month (calculated from the thirty-first day of January) during which those registration fees are overdue. Registration (5.) The prescribed registration fee accompanying an fpthereeopiCserrtothyweno. f aupnpdleicratthiiosnPfaorrt tohfearnegaigstrriactuioltnuroarl fruerqthueirrermegeinsttrsahtiaolln, upon receipt by the Under Secretary of that fee, become the property of the Crown, notwithstanding any failure by the applicant to complete that application or the standards officer refusing to register that agricultural requirement under, this Part.

1 • 952. Acquort TIME. Agricultural Standards Act, p.m =- BEGIOTILSPIOW OP CORTAIIP Amour.- TORAV Moreover, the cancellation by or under this Act .11.ent during any year of the registration under this Part of any agricultural requirement shall not entitle the primary dealer concerned to any refund of the whole or any part of the annual registration fee paid by him in respect of that agricultural requirement for that year or part for which that registration will not be in force: Provided that in any case referred to iii this subsection the Minister thay, in his discretion, authorise the refunding of any such fee or part thereof, and such refund shall thereupon be made accordingly. (6.) For the purposes of this section the term" year "Meaning of means the period of twelve calendar months, or parerer...„ •thereof, ending on and including the thirty-first day of January of any calendar year. 24. (1.) In the event of any agricultural requirement Notifications registered under this Part being withdrawn from sale fpr°•mary iangrQicuueletunrsalalnrdeq, uthireepmriemntarisy rdeegailseter riendwshhoalslennoatmifye, thine dceeratlaeirnscianses. writing, the standards officer of such withdrawal and the receipt by the standards officer of such notification shall forthwith have the effect, without further or other authority or process, of cancelling the registration under , this Part of that agricultural requirement as regards the primary dealer who notified such withdrawal and such registration shall no longer be in force. (2.) In the event of a primary dealer in whose name any agricultural requirement is registered under this Part ceasing to be a primary dealer in that agricultural requirement he shall notify, in writing, the standards officer of that fact and shall also include in that notification the name and address of his successor, if known to him. The receipt by the standards officer of such a, notification shall forthwith have the effect, without further or other authority or process, of cancelling the registration under this Part of that agricultural requirement as regards the primary dealer who notified that fact and such registration shall no longer be in force. (3.) A primary dealer• may notify, in writing, the standards officer of his intention to discontinue the sale of any agricultural requirement registered under this Part in his name or of his desire for the cancellation of the registration in his name under this Part of any agricultural requirement and shall also include in that

3Er AGRIOpirUirRE: , RUM M.— REIGI_MATION OF U2RTAIN Agricultural Standard8 Act.1 Eraz. II. No. 12, AGP1C1TL- WAAL REQUIRE- notification the future date on and ,from which he intends to discontinue such sale or desires that registration to be so cancelled, as the case may be, and on that date so notified to the standards officer the registration of that agricultural requirement under this Part as regards that primary dealer shall, without further or other authority or process, be and be deemed to be cancelled and , shall no longer be in force. oCrefagniscterlalatitoionn Boar2d5a.t aInf yuptiomnesufocrhmesvtihdeenocpeinaisoint dtheaetmasnysuafgfircicieunlttutrhael on recom- requirement registered under this Part is not efficacious mofetnhdeation for use for the purpose or purposes in respect of which Board. it is registered, it may recommend to the standards officer that the registration under this Part of that agricultural requirement be cancelled and the standards officer shall thereupon cancel that registration and notify the primary dealer in whose name such agricultural requirement was registered of that cancellation. Fpasruortvothiseiorns agric2u6l.turIafl arepquriimremareyntdies arelegrisitenrewdhuondseernthaims Peaartn— y cancellation of registration. (L) Sells under the name or registered name of that registered agricultural requirement any agricultural requirement which does not conform in _every respect with the registered composition of such registered agricultural requirement; or (ii.) Publishes, circulates, or distributes, or causes or permits to be published, circulated, or distributed, any 'direction or recommendation for use, advertisement, or other written or printed matter whatsoever, or issues or causes or permits to be issued any invoice containing any claim as to the efficacy of such registered agricultural requirement for use for any purpose ,other than the purpose or purposes in respect of which it is registered; Or Publishes, circulates, or distributes, of causes or permits to be published, circulated, or distributed, any direction or recommendation for use, advertisement, or other written or printed matter whatsoever or issues or causes or permits to be issued any invoice containing any claim with respect to such registered

AGRICULTURE. 39 1952. PART III.— Agricultural Standards Act. REGISTRATION OF CERTAIN AGRICUL- TURAL REQUIRE- agricultural requirement which in the opinion RENTS. ' of the Board is misleading or untrue or cannot be substantiated in any particular; or (iv.) Fails to comply in every respect with the provisions of subsection one of section twenty- nine of this Act, the standards officer may cancel the registration of that agricultural requirement under this Part as regards that primary dealer and notify the primary dealer of that cancellation. 27. (1.) If during the period of registration under Application this Part of any agricultural requirement— to be for made (i.) The registered composition of that agricultural breetteration requirement is in any respect intended to be alteration altered; or of agricultural (ii.) Any registered claim with respect to the requirement. efficacy of that agricultural requirement is intended to be altered; or (iii.) Any other registered particular or matter with respect to that agricultural requirement, as may be prescribed for the purposes of this subsection, is intended to be altered, or if more than one of such matters are intended to be altered, then every primary dealer in whose name that agricultural requirement is so registered shall make a fresh application for the registration under this Part of the agricultural requirement, and upon the issue of a notification of registration consequent on that application may sell the agricultural requirement subject to the registered alteration or alterations and shall not sell the agricultural requirement otherwise. Upon the issue of a notification of registration under this subsection the former registration of that agricultural requirement shall forthwith be and be deemed to be cancelled and shall no longer be in force. (2.) The registered name of any agricultural requirement registered pursuant to subsection one of this section may, if the standards officer deems it desirable, be distinguished from the former registered name of the agricultural requirement with respect to which the alteration is intended to be made in such a manner as he thinks fit, whether by the addition to the former registered name of a letter or number or both or as the standards officer may otherwise determine.

• 40 .A.GAICULTVRE, PART M.-- REM/MUTTON OF CERTAIN NERIOIII, VIRAL REWIRE- MEETS. Agricultural Standards Act. 1 Euz. II. No. 12, 28. (1.) The standards officer shall cause to be Register of kept a register in the prescribed form or a form to the raegqruiciirleltmureanlts like effect of all registrations under this Part showing in registered respect of each and every registration— under this Part. (i.) A letter or letters and a number or numbers to distinguish that registration; (ii.) The name and the sole or principal place of business in Queensland of the primary dealer in whose name the registration is effected; The date of registration and of each and every further registration under this Part of the registered agricultural requirement; (iv.) The registered name of that agricultural requirement; (v:) In applicable cases, the purpose or purposes for which that agricultural requirement may in • accordance with the Board's recommendation be sold for use; and (vi.) Such other particulars or matters as are prescribed: Provided that such register may consist of carbon copies of the notifications of registration and further registration issued under this Part with the addition thereto, where the standards officer deems \it desirable, of such particulars and matters as the standards officer may determine. Publication (2.) (a) A list of all agricultural requirements or aogfricultural of all agricultural requirements belonging to any group or require- groups or sub-group or sub-groups of agricultural require- ments. ments registered for the time being under this Part may from time to time be published in the Gazette and the Queensland Agricultural Journal and in such other manner as the standards officer may decide, or by any one or more of those means of publication. Each and every such publication may set out such particulars or matters in respect of those agricultural requirements as the standards officer deems, in his absolute discretion, necessary or desirable in the public interest or for carrying out the objects and purposes of this Act. (b) A list of all agricultural requiremen_ts or of all agricultural requirements belonging to any group or groups or sub-group or sub-groups of' agricultural requirements, which, so far as known to the standards

( AGIiICULITRE. 41 PART In.-- 1952. Agricultural Standards Act. REGISTRATION' OF CERTAIN AORIOUL- TTIRAT, REQUIEM- officer, are not rbgistered under this Part, including MEETS. those agricultural requirements the registrations or further iegistrations of which have been refused or cancelled, may also be published from time to time in like manner to the publication of registered agricultural requirements and each and every such publication may- set out such particulars or matters in respect of those unregistered agricultural requirements as the standards officer deems, in his absolute discretion, necessary or desirable in the public interest or for carrying out the objects and purposes of this Act. 29. (1.) A primary dealer in whose name any Primary agricultural requirement is registered under this Part of shall have, and while that agricultural requirement business in remains registered under this Part continue to have, a teensland, place of business in Queensland and, if a natural person, • shall be resident in this State, and while that agricultural •requirement remains registered under this Part continue to be resident in this State. (2.) If a primary dealer, in any agricultural Primary requirement being a natural person is not resident in this State 'then the agricultural requirement may be r D e l Idiidnge registered under this Part by and in the name of a dul ' y State. authorised agent of such primary dealer who is resident in Queensland and the agent shall, for the purposes of this Act including the said subsection one, be and be deemed to be a primary dealer in relation to that agricultural requirement. (3.) Where a primary dealer in any agricultural Where • requirement or the person who manufactures, mixes, FiraiearrYor or prepares for sale any agricultural requirement is a body ccoorrppoorartaete any form for the purpose of or in frattecriy connection with the registration or further registration corporate,. of that agricultural requirement. under this Part may be completed and signed or sworn or declared to or sealed, signed, and delivered on behalf ,of that body corporate, by a natural person resident in Queensland being its manager, managing director, or other governing officer by whatever name called, or its secretary, chemist, or public officer, or some other officer or employee authorised by it in that behalf, or its duly authorised agent, and each and every such form shall for the purpoSes of this Act be deemed to have been made by such body corporate.

88 PART IX.— MISORL- LANROOS PROVISIONS. AGRICULTURE. Agricultural Standards Act. 1 Emz. II. No. 12, Saving of (2.) Subject to subsection one of this section nothing civil rights. contained in this Act and no proceedings taken under this Act against any person shall in any way interfere with any right or remedy by civil or criminal proceedings or process which any person aggrieved might have had if this Act had not been passed. Offender entitled to rights and remedies against seller. (3.) A person alleged to have committed or convicted of any offence against this Act in respect of any agricultural requirement sold by him shall be entitled to the same rights and remedies, civil and criminal, against the person from whom he bought the agricultural requirement as are available to the person who bought the agricultural requirement from him, and any damages and costs recovered by him may, if the circumstances justify it, include the amount of any penalty and any fees, costs, charges, and other expenses paid by him on his conviction and the costs of and incidental to his defence on such conviction. slAieagrbvelnaetnitonr th - is 9 A 0 c . t ( w 1 ' . i ) thInreaspperoctsetocutthioensaolfeaonfyaonfyfeangcreicauglatuinrastl addition to requirement it shall be no defence that the defendant is principtil. only the agent or servant of a principal or employer selling such agricultural requirement but the agent or servant and also the principal or employer shall be liable: Provided that a servant shall be exempt from any penalty or punishment if he proves to the satisfaction of the court that the offence was committed in a place in which business was, at the time of the committing of the offence, conducted under the personal superintendence of his employer or some manager or other person representing such employer, and that the offence was committed with the knowledge of the employer or his representative. Agent or (2.) (a) If the defendant in a prosecution of any sreecrovvaenrt may offence against this Act with respect to the sale of any from agiicultural requirement; being an agent or servant, principal. proves to the satisfaction of the court that he sold the agricultural requirement without knowledge that any provision of this Act has been contravened or had not been complied with he may, whether his principal or employer has or has not been convicted and punished, recover in any- court of competent jurisdiction from his principal or employer the amount of any pecuniary

1952: AGRICULTURE'. Agricultural Standards Act. 89 PART IX.- MISCRL- LANBOUS PROVISIONS. penalty imposed on his conviction and paid or payable by him, together with the costs, fees, charges,' and other expenses ordered to be paid upon his conviction and paid or- payable by him, and those expenses paid or payable by him in and about his defence to the prosecution. (b) Where an agent or servant has been convicted as aforesaid the court may, if it thinks fit, suspend the operation of the conviction for any period not exceeding three months to enable him to recover from his principal or employer the penalty• and expenses as aforesaid. (3.) (a) If the defendant in a prosecution of any Principal offence against this Act with respect to the sale of any 'aa„ Y,raegclvr agricultural requirement, being a principal or employer, or servant. proves to the satisfaction of the court that he had used due diligence to enforce the execution of this Act and that • without his knowledge, consent, and connivance, and in contravention of his orders on his part the offence in question was committed by his agent or servant he may, whether his agent or servant has or has not been convicted or punished, recover in any- court of competent jurisdiction from his agent or servant the amount of any pecuniary penalty imposed on his conviction and paid or payable by him, together with the costs, fees, charges, and other expenses ordered to be paid upon his conviction and paid or payable by him, and those expenses paid or payable by him in and about his defence to the prosecution. (b) Where a principal or employer has been convicted as aforesaid the court may if it thinks fit suspend the operation of the conviction for any period not exceeding three months to enable him to recover from his agent or servant the penalty and expenses as aforesaid. purpo9s1e.o(f1th. ) isIAncat— ny proceedings under or for a SEtvei. dence, (i.) It shall not be necessary to prove the appointment of any officer, or the authority of any officer to do any act or to give any direction or order;

•90 PART IX.- LANHOUS PROVISIONS. AGRICULTURE. Agricultural Standards Act. 1 Euz. IL No. 12, A certificate purporting to be under the hand of the standards officer that any agricultural requirement specified therein is or is not registered under Part III. or at any specified time was or was not so registered shall, upon its production in evidence, be evidence of the fact certified and that the signature . on the certificate is the signature of the standards officer, and in the absence of evidence in rebuttal shall be conclusive evidence of that fact and signature; It shall be no defence that the buyer of any agricultural requirement having bought only for analysis was not prejudiced by the sale, or that the agricultural requirement though deficient or defective in one or more respects was not deficient or defective in other respects; (iv.) When a contravention of or failure to comply with any of the provisions of this Act is proved with regard to any agricultural requirement, or any package of agricultural requirement, or any portion, or sample of any agricultural requirement, such contravention or failure shall be deemed to have been proved with regard to the whole lot from which such agricultural requirement, package, portion, or sample was taken; (v.) A certificate purporting to be under the hand of the standards officer of his making any request under this Act, or of his giving, issuing, or posting any notice, direction, or other thing under this Act, or of the receipt or non-receipt by him of any notice, application, or other document or of any other thing required by or under this Act to be given, made, or lodged to or with the standards officer, or that any document which purports to be a copy of or extract from the register of agricultural -requirements kept under Part III. is a true and correct copy of or extract from, as the case may be, that register shall, upon its production in evidence, be evidence of the matter or matters certified to therein and that

1052. AGRICULTURE. Agricultural Standards Act. 91 . hute MISORL- LANIOUS PROVISIONS.. the signature on the certificate is the signature of the standards officer, and in the absence of evidence in rebuttal, shall be conclusive evidence of such matter or matters and signature; (vi.) The allegation or averment in any complaint that— (a) Any agricultural requirement was sold or prepared for sale; or (b) Any package containing any agricultural requirement was not labelled or marked as prescribed; or (c) Any material is an agricultural requirement or was sold, used, or intended as an agricultural requirement; or (d) An invoice Was not issued and delivered or sent as prescribed, shall in every case be evidence of the matter or matters o alleged or averred, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such Matter or • matters; (vii.) Proof that any agricultural requirement has been advertised in any newspaper circulating in the State, or in any circular, catalogue, leaflet, pamphlet, or other document published or distributed in the State, to be suitable for use for any purpose or purposes or is contained in a package having affixed thereto or thereupon or inserted therein a label stating that the contents are suitable for use for any purpose or purposes, shall be evidence, and unless the contrary is proved shall be conclusive evidence, that that agricultural requirement is sold, used, or intended for that purpose, or all or any of those purposes, as so advertised or labelled, as the case may be; (viii.) Every entry in any minute book of the Board, the committee, or . any sub-committee purporting to be an entry relating to the proceedings of the Board or, as the case may be, of the committee or 'of the sub-committee, or purporting, in the case of the committee,

92 PART IX.- MISORL- - UNBORN PROVISIONS. AGRICULTURE. Agricultural Standards Act. 1 Euz. II. No. 12, to be an, entry recording any rules made by the committee, and, in any such case, to be signed by the chairman thereof or by the standards officer, and every certified copy of or extract from any such entry signed by the standards officer, shall upon its production in evidence, be evidence of the proceedings appearing, by such entry or, as the case may be, evidence of such rules (without proof of any meeting to which the same may refer or by which the same were made having been duly convened or held or that such proceedings or rules were carried out or made in accordance with the prescribed provisions in that behalf), and that the signature thereon is the signature of the chairman, or as the case may be, standards officer, and in the absence of evidence in rebuttal, shall be conclusive evidence of such proceedings or, as the case may be, rules and signature. (2.) This section shall not affect or prejudice any other mode of proof of the matters herein referred to or lessen or affect any onus of proof falling on the defendant. Service of 92. Any request, direction, notice, or other rdeirqeucetsiot, n, document under this Act required or authorised to be notice, &c. given, issued, made, or served to or upon any person by any officer may be given, issued, made, or served— (L) By delivering the same , to such person personally; or (H.) By leaving the same at or by forwarding the same by post in a prepaid letter addressed to such person at his usual or lastknown place of abode or address or, in the case of a request; direction, notice, or other document given, made, or served on a primary dealer in any agricultural requirement who has registered that agricultural requirement under Part by leaving the same at or by forwarding the same by post in a prepaid letter addressed to such person at his sole or principal place of business in Queensland as registered in respect of that agricultural requirement.

AGRICULTURE. 93: 1952. Agricultural Standards Act. PART IX.-- MISCEL- LANEOUS PROVISIONS. In the case of a request, direction, notice, or other document given, issued, made, or served by forwarding the same by post in a prepaid letter under paragraph (ii.) of this section, such request, direction, notice, or other docuraent shall unless the contrary is proved be deemed to have been given, issued, made, or served at the time at which the letter would be delivered in the ordinary course of post. 93. The Governor in Council may at any time Power of and from time to time by Order in Council declare that , nh'Ee' niir" all or any of the provisions of this Act relating to any to exempt agricultural requirement shall not apply to that from Act ' agricultural requirement either generally •or when sold in any specified circumstances or quantities or part of the State, and may at any time by Order in Council revoke or vary any such Order in Council. , 94. (1.) The Governor in Council may from time Regulations. to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be necessary or convenient for the administration of this Act, or that may be necessary or expedient to carry out the objects and purposes of this Act, and without limiting the generality of the foregoing provisions of this subsection providing for all or any of the purposes, matters, and things specified in the Second Second Schedule to this Act. Sch. (2.) Regulations may be made at any time after the passing of this Act. (3.) The power to make any regulation under this Act shall include power to make that regulation so that it shall be limited in its application— (i.) To any agricultural requirement or agricultural requirements, or any group or groups or sub-group or sub-groups of agricultural requirements; or (ii.) To, or to any part of, any prescribed locality, district, or place; or Otherwise as to time, place, or circumstance , as is prescribed. (4.) The power to make regulations under this Act shall include power to wake different regulations for or with respect to different localities or districts or places

94 AGRICULTURE. PART IX.— HIBOBL- LANBOUS PROVISIONS. Agricultural Standards Act. 1ELIz. II. No. 12, or for or with respect to different agricultural requirements, or different groups or sub-groups or classes of agricultural requirements. , (5.) The power to regulate and control by regulation shall include power to prohibit. Proolama- 95. (1.) Any Proclamation, Order in Council, or t inionCBo, 0crdile,rs regulation continued in force for the purposes of this and Act or made under this Act may be repealed or amended regulations. or otherwise modified, whether by addition or otherwise, by a subsequent Proclamation, Order in Council, or, as the case may be, regulation made under this Act. (2.) Every Proclamation, Order in Council, and regulation made under this Act shall be published in the Gazette. (3.) Every Proclamation, Order in Council, and regulation published in the Gazette, shall— (i.) Upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (ii.) Take effect on and from the date of such publication, or in the case of any such regulation, if a later date is specified in the regulations, from that later date; and Be laid before Parliament within fourteen sitting days after such publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session. (4.) If Parliament passes a resolution, of which notice has been given at any time within fourteen sitting days after any such Proclamation, Order in Council, or , regulation has been laid before Parliament, disallowing such Proclamation, Order in Council, or regulation or part thereof, that Proclamation, Order in Council, regulation, or part shall thereupon cease to have effect, but without prejudice to the validity of anything done thereunder in the meantime or to the power to make a new Proclamation, Order in Council, or, as the case may be, regulation. (5.) In this section "sitting days" means days upon which the House actually sits for the despatch of business.

1952. AGRICULTURE'. Agricultural Standards Act. 95 SCHEDULES. [Section 5 (1).] Date of Act. SCHEDULES. FIRST SCHEDULE. Title of ACC FIRST SCHEDULE. Extent of Repeal. 26 Geo. V. No. 19 " The Fertilisers Act of 1935 " The whole Act. 3 Geo. VI. No. 8 " The Pest Destroyers Act of The whole Act. 1939" 1 Geo. VI. No. 23 " The Seeds Act of 1937" The whole Act. 5 Geo. VI. No. 15 "The Seeds Act Amendment Act The whole Act. of 1941" 10 Geo. V. No. 8 " The Stock Foods Act of 1919" The whole Act. 19 Geo. T. No. 5 "The Stock Foods Act Amend- The whole Act. ment Act of 1928" 26 Geo. V. No. 18 "The Stock Foods Acts Amend- The whole Act. ment Act of 1935" 24 Geo. V, No. 33 " The Veterinary Medicines Act The whole Act. of 1933" 2 Geo. VI. No. 19 " The Veterinary Medicines Act The whole Act. Amendme'nt Act of 1938" [Section 94(1).] SECOND SCHEDULE. SUBJECT-MATTERS FOR REGULATIONS. SECOND SCHEDULE. 1. For the purposes of all or any of the provisions of this Act Agricultural pprreessccrriibbiinngg odredfienciltaiorinnsgwwihthatrmesapteecritatlos aogr rmicautltteursraolrrethqiunigrsemsheanlltsb; ermeqenurs - or shall be not agricultural requirements under this Act (of the various groups, sub-groups, and kinds) and prescribing where necessary classes of agricultural requirements for the purposes of this Act. 2. Prescribing, regulating, and controlling all matters and things Registration whatsoever with respect to the registration of agricultural requirements of under Part III., including the cancellation of the registration under ragric.uleturanits that Part of agricultural requirements, appeals under that Part to uiier the Minister, and all notices required by this Act to be given to the Part M. standards officer by primary dealers and determining, if necessary, who shall for the purposes of this Act be deemed to be primary dealers in respect of all or any agricultural requirements. 3. Prescribing, regulating, and controlling the functions, powers, The Board; sauubth- ocorittaiems, itatenedsdguetnieesraolflythaenBdooafrda,naynsduobf-cthoemcmoimttmeeititneep,aarntidcuolfaarl ; l s t c h ue e bm. m.titee, regulating and controlling the medtings of the Board, and of the committees. committee, and of all sub-committees generally and of any sub-committee in particular (including the time and place of meetings thereof and the business and proceedings thereat). goef nmee4ram.llPbyererasnocdfritohbfeinaBgnoytahsredu,bdo- iscrqooumfatmlhifeiitctceaoetmiionmnpsitatrereetni, cdouerlraoirnf, gaalnvldascutahbne- ctmothmaenmonifetftreicoeesf D m o tio fi e s n tqh m ue s a o l f i r f s iea- resigning from any such office. Board, &c.

96 SCHEDULES. AGRICULTURE. Agricultural Standards Act. 1 ELiz. II. No. 12, aSregaqrleuicio r uefltmureanlts agric5u.lRtueraglurleaqtiunigreamnednctsoanntrdoltlhiengsatlheeosfaalgeraicnudltuusraelorfeqpureirsecmriebnetds for for use for, and the use of agricultural requirements for, any prescribed ppruerspcorsibese,d purpose or purposes. Sm. afiPnogarrdriuticirscueeulctlotuaifrorasnls tioncalgu6rdi. ecdRuleitnguurdalialretricentqigounairsnedomrceronentcstor,moinlmlcinleugnddtiahntegioptnhaserftpiocrrueuslascerrsiibsaisnnudgedootfwhpeitarhrmtriecasutptleaerrcsst require- and other matters which shall be included in such directions or ments. recommendations. , aNregaqrmiucieursel-toufral may7o.r Fmoarythneopt ubrepuosseeds owfitthhirseAfecrtenpcreestcoriabginrigcuwlthuartanl aremqeuiorremnaemntess. ments Standards. 8. Prescribing, regulating, and controlling grades for agricultural requirements and standards for agricultural requirements and ingredients, including— (i.) The prescribing of ingredients which shall or shall not be contained in agricultural requirements; (ii.) The prescribing of maximum or minimum or maximum and minimum or actual percentages, proportions, or amounts of all or any such ingredients; The prescribing of chemical or physical standards or conditions- of all or any such ingredients; (iv.) The prescribing, regulating, and controlling of active constituents of agricultural requirements and the terms thereof, and the percentages, proportions, or amounts of all or any such active constituents, and prescribing what shall not be or be deemed not to be active constituents of agricultural requirements; (v.) The prescribing with respect to all or any agricultural requirements for which standards are prescribed, if such standards shall relate to the agricultural requirements as diluted or prepared for actual use in adcordance with the ' directions or recommendations for use issued on or in connection with the sale of such agricultural re'quirements,; (vi.) The prohibition of the sale of any agricultural requirement for which a grade or grades are prescribed which fails to comply with a prescribed grade and the prohibition of the sale of any agricultural requirement for Which a standard is prescribed which fails or where any ingredient or active constituent of which fails to comply with the standard (including the grade or definition) prescribed with respect thereto; and (YR.) The prescribing of conditions subject to which agricultural requirements shall be exempt from all or any of such prescribed provisions.

1952. AGRICULTURE. Agricultural Standards Act. 97 SCHBDULES. 9. Without limiting the generality of clause eight of this Further Schedule, prescribing, regulating, and controlling the following feravti.sniTo matters or things with respect to the standards of agricultural standagrds, requirements namely :— sce. (i.) Percentage, proportion, or amount of prescribed active constituents, chemical analysis, and prescribed ingredients; (ii.) Prohibiting absolutely or prescribing the maximum percentage, proportion, or• ?mount of undesirable, deleterious, harmful, foreign, and other prescribed ingredients, and impurities; Degree of fineness; (iv.) Wettability ; (v.) Rideal Walker coefficiency ; (vi.) Period of potency; (vii.) Neutralising value; (viii.) Suspending qualities: (ix.) Specific gravity; (x.) Moisture; (xi.) Viscosity; (xii.) Solubility; (xiii.) Acidity and alkalinity; (xiv.) Homogeneity; • (xv.) Emulsifying qualities; (xvi.) Distillation range; (xvii.) Unsuiphonatable residues (xviii.) Emolliative properties; (xix.) Saponification; (xx.) Compatibility; (xxi.) Purity; (xxii.) Germination; (xxiii.) Hard seeds, weed 'seeds, other crop- seeds, certified mother seed and pure germinating seeds; (xxiv.) Inert matter; (xxv.) Purity of hybrid, variety, strain, and resistance to and freedom from disease of any seeds; and (xxvi.) Any other matters or things capable of denoting any properties of use in evaluating agricultural requirements. 10. Prescribing, regulating, and controlling all matters, and things Lams. with respect to labels, including the size, form, quality, and kind of labels, the affixing to or upon and insertion in packages containing agricultural requirements of labels and the mode of proof of alleged failures to comply with the requirements of this Act relating , to the affixing to or upon or insertion in packages of agricultural requirements of labels and for facilitating such proof, the information or particulars (including figures, words, marks, or terms) to be set forth on labels, the kind and size of type to be used in the printing of labels where labels are required to be printed, and prohibiting the printing or writing of any matters or things on labels.

98 SCHEDULES. AGRICULTURE. Agricultural Standards Act. 1 Buz. II. No. 12;1952. Prohibited seeds, Ste. 11. Prescribing and declaring what seeds, plants, insects, diseases or material shall for the purposes of this Act be prohibited or harmful with respect to all or any agricultural requirements or shall be deemed to be prohibited material or harmful ingredients in relation thereto. Investiga- tions of efficacy. Special mixtures. 12. Prescribing, regulating, and controlling all matters and things with respect to investigations of efficacy of agricultural requirements. 13. Prescribing, regulating, and controlling all matters and things with respect to special mixtures. Delivery to standards officer, &c. 14. Prescribing the matters and things to be delivered to or lodged with the standards officer or any other officer or any officer of the Department and regulating and controlling the manner of delivery to Or lodgment with the standards officer or any other officer or any Officer of the Department of all or any matters and things required or authorised by this Act to be delivered to or lodged with the standards officer or any other officer or any officer of the Department. Samples. • 15. Prescribing, regulating, and controlling all matters and things with respect to samples of agricultural requirements, including the methods of taking samples, the quantity, or weight of samples, the labelling of samples and the delivery to the standards officer of samples. Methods of 16. Prescribing methods of analysis of agricultural requirements, analysis, 86s• portions, samples, materials, and other prescribed things for the purposes of this Act including methods of determining the germination percentage of hard seeds and the methods of testing or determining the standard, quality, or composition of any agricultural requirement or ingredient or any other particular required to be ascertained with, respect to agricultural requirements. Methods of treatment or processing. Standard sieves. 17. Prescribing for the purposes of the prevention of disease the methods of treatment or processing with respect to agricultural requirements and where necessary prohibiting the sale of agricultural requirements with respect to which such prescribed methods have not been followed. 18. Prescribing standard sieves) that may be used for determining the degrees of fineness of agricultural requirements or ingredients thereof. Packages. 19. Prescribing the nature, weight, and dimensions or sizes of the packages to be used for containing agricultural requirements and prohibiting the use of packages for containing agricultural requirements which do not comply therewith. ptAhmtkoeumdnatin be that 2m0a. yPbreespcarcibkiendginthaenaymporeusnctriobfedanpyacakgargiceu. ltural requireinent any package. Sealing of , 21. Prescribing seals for and the ;manner of sealing packages of packages. agricultural requirements required by this Act to be sealed. Stock foods 22. Prescribing, regulatihg, and controlling stock foods of low foofoldowvalue. food value. Rules. • 23. Prescribing matters and things with respect to which rules may or shall be made by the committee under this Act and prescribing matters relating to such rules including the mode of proof of the making of such rules and of the matters contained therein and for facilitating such proof.

AGRICULTURE. 15 GEO. VI. No. 51, 1951. Second-hand Fruit Oases, Etc., Act. 99 SCHEDULES. 24. Prescribing the matters or things in respect whereof • fees, Fees, &c. costs, charges, and) expenses shall be payable under this Act, and the amounts of such fees, costs, charges, and expenses, and prescribing the persons who shall be liable for the payment of such fees, costs, charges, and expenses, and when such fees, costs, charges, s,nd expenses shall be payable and paid, and providing for the manner of payment thereof and for the recovery of any amount thereof not duly paid. 25. Prescribing, regulating, and controlling the functions, powers, Officers. and duties of officers, including the manner in which those functions, powers, and duties are to be exercised and discharged, and generally such matters and things as are necessary, convenient, or desirable for enabling officers to exercise and discharge their functions, powers, and duties under and for the purposes of this Act. 26. Defining terms for the purposes of this Act including the Definitions. definition and declarations of chemical and physical terms and expressions for the purposes of this Act. 27. Prescribing forms (including registers and records) under and—Porms. for the purposes of this Act and the respective purposes for which such forms shall she used and specifYing any information required to be contained in such forms, including the prescribing of forms of application for the registration and the further registration of agricultural requirements under Part III., and requiring that any prescribed forms shall be declarations made under the *.` Oaths Acts, 1867 to 1924." 28. Prescribing the amount of any pecuniary penalty for an Penalties. offence against any regulation, not exceeding in any case one hundred pounds or in the case of a daily penalty five pounds per day. 29. Prescribing all matters and things which by this Act are Generally. required or permitted to be prescribed and prescribing, regulating, and controlling all matters and things for carrying old or giving effect to this Act. An Act to Continue "The Second-hand Fruit Cases 15NGoe.o5. 1V. I. Act of 1940." THN SECOND-HAND FRUIT CASES [ASSENTED TO 30TH NOVEMBER, 1951.] CONTIANCUTATION ACT OF 1951. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1 . (1.) This Act may be cited as " The Second-hand Short title r F e r a u d it a C s a o se n s e A w c i t t C h o t n " tTinhueaStieocnonAdc-thoafn 1 d 9F5 r 1 u " it , C an a d se s s h A a c il t b o e f construction. 1940 ", herein referred to as the Principal Act. (2.) The Principal Act and this Act may be collective collectively cited as The Second-hand Fruit Cases Acts, title. 1940 to 1951 ". ' * 31 vie. No. 12, and amending Acts. t4 G. 6 No. 29.