Bread Delivery Act of 1946 (11 Geo Vi No. 1) (Qld)

BREAD. II GEO. VI. No. 1, 1946. Bread Delivery Act. 13 BREAD. An Act to Require and Regulate Deliveries of Bread 11 N G o E . O. 1. VI. to Householders by Bakers. THE BREAD DELIVERY ACT OF [ASSENTED TO 18TH DECEMBER, 1946.] 1946. B E it enacted by the King's Most Excellent l\fajesty, b.y 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 Bread Short title. Delivery Act of 1946." (2.) This Act shall be administered by the Minister. 2. *(1.) This Act shall come into operation on a Commence· date to be fixed by the Governor in Council by Proclama- ~ ;! ! =! tion published in the Gazette, and shall, on and from of Act. such date, be in force in- (a) The Area of the City of Brisbane; and (b) The Areas of the following Local Authorities, that is to say: the Cities of Bundaberg, Cairns, Charters Towers, Gympie, Ipswich, Mackay, Maryborough, Rockhampton, Toowoomba, Townsville, and Warwick. (2.) The Governor in Council may also from time to time fix, by Order in Council published in the Gazette, a date on which this Act shall come into operation in the Areas andlor parts of Areas of Local Authorities specified in such Order in Council and this Act shall, on and from any date so fixed, be in force in the Areas and/or parts of Areas specified in relation to such date. (3.) This Act shall, on and after the coming into operation hereofin the Area of the City of Brisbane or any Area or part of an Area of a Local Authority, continue in force in such Area or part until the Governor in Council shall by Order in Council fix a date on which this Act shall cease to be in force in such Area or part (the Governor in Council being hereby authorised to make all such Orders in Council under this subsection as he shall from time to time deem proper). * Commenced 1st January, 1947 (Proclamation published Ga~ ette, 21st December, 1946, p. 2116).

14 BREAD. Bread Delivery Act. llGEo. VI. No I, Operation of Act. 3. This Act shall be read and construed with and so as not to limit the operation and effect of- (i.) *" The Factories and Shops Acts, 1900 to 1922," as amended by such of the provisions oft" The Factories and Shops Acts Amendment Act of 1945" as shall have come into operation before or may come into operation at any time after the commencement of this Act; or (ii.) t" The Health Acts, 1937 to 1946," or of any regulations made under such Acts or any of them. Definitions. 4. In this Act, unless the context otherwise indicates or requires, the following terms have the meanings respectively assigned to them, that is to say;- Area. " Area "-The City of Brisbane, and every Area or part of an Area of a Local Authority in which this Act is in force; Baker. " Baker"-A person who manufactures bread for sale; Bakehouse. "Bakehouse "-Any place where bread is manufactured for sale; Bread. "Bread "-White bread, wholewheat bread~ wholemeal bread, wheatmeal bread, and brown bread as defined in "The Food and Drug Regulations, 1939," made pursuant to t" The Health Acts, 1937 to 1946," and also such of the following varieties of bread as the Governor in Council may from time to time specify by Order in Council published in the Gazette, that is to say; barley, rye~ and other grain breads, milk bread, germ bread, raisin loaf, currant loaf, sultana loaf, or diabetic bread, as defined in the aforesaid regulations; Minister. " Minister "-The Secretary for Labour and Employment or other Minister of the Crown for the time being administering this Act; Place. " Place "-Includes any house, shop, structure, building, or any land or premises whatsoever ~ the term includes any part of any place as herein defined which is separately occupied; * 64 V. No. 28 and amending Acts. t 9 G. 6 No. 10. t I G. 6 No. 31 and amending Acts.

BREAD. 15 1946. Bread Delivery Act. " This Act "-This Act and all Orders in Council This Act. and regulations hereunder. 5. (1.) Every baker shall- House.to. (i.) On every day on which the ordinary w:orking ~ ~ ~ : ries hours of bakers' carters employed III the of bread. Area in which any bakehouse carried on by him is situated are required by any industrial award or industrial agreement to be worked; and (ii.) Within such working hours, deliver, or cause to be delivered, bread manufactured by such baker to any person- (a) At any place within such Area and distant not more than three miles from such bake· house; and (b) Who requires such baker to deliver bread to him at such place. (2.) Subsection one of this section shall not apply so as to require a baker to deliver or to cause to be delivered bread to any person who upon tender of delivery fails to pay the lawful retail price for such bread, if such payment is then demanded by the person making such tender. (3.) Delivery of bread to any person on any day outside of the hours specified in subsection one of this section in relation to that day shall be deemed to be made in compliance with that subsection if such delivery does not contravene the relevant bakers' carters' industrial award or industrial agreement. (4.) Nothing in this section shall require a baker to deliver bread manufactured by him to any person at any place within the Area in which the bakehouse of such baker is situated if the respective bakehouses of three other bakers are closer to such place than the bakehouse of such firstmentioned baker. (5.) Nothing in this section shall require a baker to deliver bread manufactured by him to any person if, at the time when such person requires such baker to so deliver such bread, such baker has been granted by the Minister a certificate, which certificate the Minister is hereby authorised to grant, that such baker is manufacturing bread to the full capacity of his bakehouse and is otherwise delivering, in accordance

16 BREAD. - - - ~ - - - ~ ~ - - - - - ~ - - - - - - - - - Bread Delivery Act. 11 GEO. VI. No 1, with the provisions of this Act, so much of the bread manufactured by him as the Minister thinks reasonable in the circumstances. The Minister may at any time cancel or revoke any certificate granted by him in pursuance of the provisions of this subsection five. Deliveries 6. (1.) The Minister may, from time to time, by imnaByrbisebane a notice published in the Gazette determine that the extended baker or bakers specified in such notice shall deliver or tbheryeoenmdiles cause to be delivered bread within any part defined in from such notice of the City of Brisbane which is distant bakehouse. more than three miles from the nearest bakehouse. (2.) Such determination shall as respects every such baker be binding as respects every place within such defined part of the City of Brisbane to the same extent as if such place were distant not more than three miles from his bakehouse and section five of this Act shall apply and extend accordingly. (3.) The Minister shall not in any such notice specify more bakers than three. When bread 7. (1.) A person shall not at one and the same time btorabneded carry upon a vehicle for delivery on sale by retail bread upon manufactured by two or more bakers unless every loaf delivery. of such bread is marked as prescribed with the name of the baker who manufactured it. (2.) A baker shall not permit or allow any person to carry bread manufactured by such baker upon a vehicle in contravention of this section. Penalties. 8. (1.) Any person who contravenes or who fails to comply with any provision of this Act shall be guilty of an offence and liable to a penalty not exceeding fifty pounds and, in addition, liable to a penalty not exceeding five pounds for each and every day during which he continues such offence after he has been convicted thereof. (2.) All penalties imposed by this Act may be recovered in a summary way under *" The Justices Acts, 1886 to 1945," upon the complaint of a person authorised by the Minister or of an Inspector appointed under the Factories and Shops Acts mentioned in paragraph (i.) of section three of this Act. * 50 V. No. 17 ann amending Acts.

BREAD. 17 1946. Bread Delivery Act. 9. (1.) The Governor in Council may from time Gover~ or in t o t l·me mak e such regu1at·IOns provl· dln· g. clor aII or any Cmoau. knecil ma.y purposes whether generally or to meet particular cases regulations. as may be convenient for the administration of this Act or as may be necessary or expedient to carry out the objects and purposes of this Act. Without limiting the generality of the foregoing provisions of this section, such regulations may provide for all or any of the following matters ;- (a) Forms and the purposes for which such forms are to be used ; (b) Matters required or permitted to be prescribed. t h I · S ( A 2. c ) t. Regulations may be made on the passing of moRneag. pyuablsaestmiinoagndse of Act. 10. (1.) All Proclamations, Orders in Council, and Order~ in regulations made under this Act shall be published in ~ e: ~ :~ o~d tnhoe t I · Gceadz.ette and shall upon such publication be judicially t G pou az bb e le t i t s e h . ed in (2.) All such Proclamations, Orders in Council, Regula.tions and regulations shall be laid before Parliament within ~ o £be la.id fourteen days if then sitting, and, if not then sitting, P~ ~ r: ment. within fourteen days after the commencement of the nf.xt sitting of Parliament. If Parliament, within the next fourteen sitting days after any such Proclamation, Order in Council, or regula- tion has been so laid before it, resolves that such Proclamation, Order in Council, or regulation ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime under such Proclamation, Order in Council, or regulation or to the making of any new Proclamation, Order in Council, or regulation. For the purpose of this section the term "sitting days" shall mean days on which the House actually sits for the despatch of business. BORDER RIVERS, NEW SOUTH WALES· QUEENSLAND. See WATER SUPPI,Y AND SEWERAGE.