Bread Industry Authority Act 1990 (Qld)

940 E'_ '7' A! :AD INDUCT' -.7Z' AUTHORITY ACT No. 56 of 1990 AN AL YSIS OF CONTENTS 1.1 Short title 1.2 Commencement 1.3 Repeal of Act PART 1-PRELIMINARY 2.1 Interpretation PART 2-INTERPRETATION PART 3-BREAD INDUSTRY AUTHORITY Division 1-Constitution and Membership 3.1 Establishment of Authority 3.2 Judicial notice of Authority's seal 3.3 Members of Authority 3.4 First constitution of Authority 3.5 Term of appointment 3.6 Disqualification from membership of Authority 3.7 Vacating office as member 3.8 Casual vacancies 3.9 Fees and allowances Division 2-Functions and Powers 3.10 Functions 3.11 General powers 3.12 Register of bread manufacturers 3.13 Financial arrangements and investments 314 Finance 3.15 Appropriation of moneys Division 3-Fixing Prices for Bread 3.16 Powers to fix and declare prices 3.17 Factors to be regarded in fixing prices 3.18 Particular instances of fixing prices 3.19 Report upon increase in bread prices 3.20 Provision of information upon application for price increase Division 4-Overriding Power of the Governor in Council 3.21 Governor in Council may vary, etc determination of Authority Division 5-Management of Authority's Affairs 3.22 Meetings of Authority 3.23 Decision according to majority vote 3.24 Absence from meetings 3.25 General procedure at meetings 3.26 Custody of seal ; Authentication of documents 3.27 Validity of proceedings 3.28 Power of delegation 3.29 Participation in superannuation scheme

Division 6-Employees of Authority and Their Powers 3.30 Staff of Authority 3.31 Powers of inspectors 3.32 Incidental provisions concerning warrants 3.33 Incidental provision affecting exercise of inspector ' s powers PART 4-OFFENCES, PENALTIES AND REMEDIES 4.1 Offence to manufacture bread without having paid precept 4.2 Offence to sell bread at price contrary to fixed price 4.3 Offence re bread returns 4.4 Offence to hinder administration of Act 4.5 General offence provision 4.6 Proceedings for offences 4.7 Offence by corporation 4.8 Vicarious liability for agent's or employee's offence 4.9 Exculpation of employee 4.10 Appropriation of penalties etc 4.11 Injunction against persistent offenders PART 5-MISCELLANEOUS PROVISIONS 5.1 Evidentiary provisions 5.2 Service of documents 5.3 Disclosure of information 5.4 Copies of documents 5.5 Exclusion of liability 5.6 Regulations 5.7 Tabling Orders in Council SCHEDULE 941

942 ueeut uib A NN O TRICESIM O NONO E,IZA ET!.E SECUN D AE R EGINAE No. 56 of 19% An Act relating to the stabilization of the bread industry, to establish the Bread Industry Authority and for related purposes [ASSENTED TO 18TH SEPTEMBER, 1990]

Bread Industry Authority Act 1990, No. 56 943 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART 1-PRELIMINARY 1.1 Short title . This Act may be cited as the Bread Industry Authority Act 1990. 1.2 Commencement . (1) Section 1.1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Subject to subsection (1), this Act or the provisions thereof specified by Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 1.3 Repeal of Act. The Bread Industry Committee Act 1979, No. 23 of 1979 is repealed and in this Act is referred to as the repealed Act. PART 2-INTERPRETATION 2.1 Interpretation . In this Act, unless the contrary intention appears- "Authority" means the Bread Industry Authority constituted under Part 3; "inspector" means a person employed as such by the Authority for the purposes of this Act, and includes a person performing for the time being the duties of an inspector, and a person acting under the direction or in aid of an inspector; "Minister" includes any Minister of the Crown for the time being performing the duties of the Minister; "place" means any land, whether vacant or improved, and any premises, vehicle, or vessel; "premises" includes- (a) any building or structure of any kind, whether wholly or partially completed; (b) a room or other confined area in any building or structure of any kind; and the land on which such building or structure is situated; "prescribed category of bread" means sliced packaged loaves of white or wholemeal bread denominated as 680 grams, sliced packaged loaves of white or wholemeal bread denominated as 900 grams, in each case pursuant to the Weights and Measures Act 1951-1983, and such other bread as is from time to time prescribed by Order in Council;

944 Bread Industry Authority Act 1990, No. 56 "sell" means- (a) to sell by wholesale or retail, including by way of barter or exchange; (b) to supply for consideration of any kind or promise of advantage; (c) to expose, or have in possession, for sale; (d) to send, forward or deliver for sale, and includes- (e) to attempt, cause, or permit to sell; and (f) to supply or give away, or to cause or permit to be supplied or given away as means of advertisement; "wholesale" in relation to bread means the sale of the bread to a person who acquires the bread for resale. PART 3-BREAD INDUSTRY AUTHORITY Division 1-Constitution and Membership 3.1 Establishment of Authority. (1) There shall be constituted from time to time as prescribed a body with the name and style Bread Industry Authority. (2) The Authority, by the name and style prescribed by subsection (1), shall be a body corporate having perpetual succession and a common seal. (3) The Authority shall have and may exercise such powers and authorities and shall discharge such functions and duties as are conferred or imposed on it by this Act and for the purpose of exercising its powers and authorities and discharging its functions and duties the Authority may acquire, hold, lease, let, hire and dispose of property of whatever description, real and personal, may sue and be sued, and may do and suffer all such other acts and things as bodies corporate may in law do and suffer. 3.2 Judicial notice of Authority' s seal . All courts and persons acting judicially shall take judicial notice of the common seal of the Authority affixed to a document and shall presume it to have been duly affixed until the contrary be shown. 3.3 Members of Authority. (1) The Authority shall consist of- (a) a presiding officer; (b) the Commissioner for Consumer Affairs appointed for the purposes of the Fair Trading Act 1989, who shall be a member ex officio; and (c) not more than 3 other members who have qualifications or experience in the business of baking bread or in business

Bread Industry Authority Act 1990, No. 56 945 and commerce, finance, accounting practice or industrial relations. (2) Members , other than the member ex officio, shall be appointed by the Governor in Council upon the recommendation of the Minister. (3) The Commissioner for Consumer Affairs may appoint a person to be the delegate of the Commissioner as a member of the Authority. The delegate may in the absence of the Commissioner for Consumer Affairs attend any meeting of the Authority in the stead of the Commissioner and whilst so attending shall discharge the functions, perform the duties and may exercise the powers of a member of the Authority. 3.4 First constitution of Authority. (1) The Authority shall be first constituted on the day on which the first appointment of the whole number of its members takes effect. (2) Upon the first constitution of the Authority, the Bread Industry Committee constituted under the repealed Act, shall cease to exist and the appointment then current of each member of that committee shall terminate. (3) Upon the first constitution of the Authority- (a) the assets of the Bread Industry Committee shall vest in the Authority; and (b) the Authority shall assume and discharge the liabilities of the Bread Industry Committee. (4) All rights had by any person in connexion with a liability assumed by the Authority under subsection (3) may be exercised and enforced against the Authority. Proceedings commenced by or against the Bread Industry Committee, and not completed at the commencement of this Act may be completed by or against the Authority in its name and style. 3.5 Term of appointment. (1) A member of the Authority, other than the member ex officio, shall be appointed for a term of 3 years from the day on which the appointment takes effect, but, if on the expiry of that term the appointment of a successor has not taken effect, the appointment shall continue until the successor's appointment does take effect. (2) A member of the Authority who is otherwise qualified as prescribed is eligible to be re-appointed.

946 Bread Industry Authority Act 1990, No. 56 (3) The Governor in Council may at any time remove a member of the Authority, other than the member ex officio, from office as a member, by notification published in the Gazette. 3.6 Disqualification from membership of Authority. A person, other than the member ex officio, who- (a) is bankrupt or otherwise takes advantage of the laws for the time being relating to bankrupt or insolvent debtors; (b) has been convicted in Queensland of an indictable offence or elsewhere than in Queensland in respect of an act or omission that, if it occurred in Queensland, would constitute an indictable offence; (c) is a patient within the meaning of the Mental Health Services Act 1974-1988; (d) is a member of Parliament of the Commonwealth or any State or territory of the Commonwealth, is not qualified to be a member of the Authority. 3.7 Vacating office as member . The office of a member of the Authority, other than the member ex officio, becomes vacant upon the member- (a) dying; (b) ceasing to be, or not being, qualified to be a member; (c) resigning office in writing signed by the member and given to the Minister; (d) being absent, without prior leave of absence granted by the Authority, from 3 consecutive meetings of the Authority of which due notice has been given to the member; (e) being removed from office as a member by the Governor in Council. 3.8 Casual vacancies . (1) When a vacancy occurs in the office of a member of the Authority, other than the member ex officio, during the term of office of members then constituting the Authority a person may be appointed in accordance with section 3.3 to fill that vacancy. (2) A person appointed to fill a vacancy referred to in subsection (1) shall be appointed for the balance of the term of the member's predecessor and, if otherwise qualified as prescribed, is eligible to be re-appointed. (3) A person appointed to fill a vacancy in the office of presiding officer of the Authority shall be the presiding officer while the appointment continues. 3.9 Fees and allowances . (1) The members of the Authority are entitled to receive such fees and allowances as the Minister determines. (2) The member ex officio of the Authority is not entitled to fees and allowances for attendance at meetings during the ordinary hours of duty of that office.

Bread Industry Authority Act 1990, No. 56 947 Division 2-Functions and Powers 3.10 Functions . The functions of the Authority are- (a) to regulate bread prices, industry discounting and non-price incentives, to ensure a fair price for consumers and a fair return to bread manufacturers for their labour and capital investment; (b) to report within 12 months from the commencement of this section to the Minister upon the efficiency and effectiveness of regulation of the bread industry in Queensland including a comparison of wholesale prices and retail prices of bread in Queensland with such prices in other States of the Commonwealth; (c) to administer and ensure compliance with this Act. 3.11 General powers . The Authority has and may exercise such powers and authorities as are necessary or desirable for the performance of its functions or for the attainment of the objectives of this Act. 3.12 Register of bread manufacturers . The Authority may establish and maintain a register of bread manufacturers in such form as the Authority from time to time determines which register shall contain such details as the Authority considers necessary for the proper administration of this Act. 3.13 Financial arrange m ents and investments . (1) For the purpose of discharging its functions and exercising its powers the Authority is empowered to enter into financial arrangements within the meaning of the Statutory Bodies Financial Arrangements Act 1982-1989 with the Treasurer or any other person and in respect of the Authority as a statutory body within the meaning of that Act the provisions of Part IV of that Act, other than the provisions of sections 25A, 25B, 28 (4), 33 to 39 (both inclusive) and 47 (1) and (2), apply: Provided that the Authority shall not be required to obtain the sanction of the Treasurer in respect of negotiations by the Authority with a view to its discharge of the functions of acquiring land or personal property in connexion therewith. or of holding, dealing with or disposing of such land or personal property acquired by it or to obtain the approval of the Governor in Council in respect of the discharge by the Authority of any of those functions. (2) The Authority is empowered to invest its moneys which are not immediately required for the discharge of its functions or the exercise of its powers in any investment prescribed by section 48 of the StatutoryBodies Financial Arrangements Act 1982-1989 as a permissible investment for a statutory body within the meaning of that Act and in respect of the Authority as such a statutory body the provisions of Part V of that Act, other than the provisions of sections 50 (1) and (2) and 52, apply. 3.14 Finance . (1) All costs, including fees, allowances and expenses associated with the functions and operation of the Authority incurred in connexion with the administration of this Act must be paid out of the funds of the Authority.

948 Bread Industry Authority Act 1990, No. 56 (2) The Authority may, for the purpose of discharging its functions, exercising its powers and performing its duties under this Act, make an annual precept on manufacturers of bread in an amount approved by the Minister. (3) A precept made pursuant to subsection (2)- (a) shall be served upon each class of prescribed manufacturer of bread; and (b) may specify the manner in which the precept is to be paid. (4) A manufacturer of bread must pay the precept made pursuant to subsection (2) in the manner specified within 60 days of the service of the precept. (5) For the purposes of this section, a precept is duly served on a bread manufacturer if notice thereof under the hand of the presiding officer of the Authority is published in the Gazette. (6) Any amount outstanding after the expiration of 60 days of the service of the precept may be recovered by the Authority in any court of competent jurisdiction as a debt due and owing to the Authority. 3.15 Appropriation of moneys . (1) All penalties, fees and other moneys paid or recovered pursuant to this Act shall be paid into and form part of the funds of the Authority and shall be applied to its general use for the purposes of this Act. (2) No moneys are to be appropriated from the Consolidated Revenue Fund for any purpose associated with the establishment, maintenance or operation of the Authority. Division 3-Fixing Prices for Bread 3.16 Powers to fix and declare prices . (1) The Authority, of its own motion or at the request of any person, after such enquiries as it considers appropriate, may by its order fix and declare in respect of a prescribed category of bread- (a) the minimum wholesale prices to be paid to a bread manufacturer for bread within the category; (b) the maximum retail prices at which bread within the category shall be sold. (2) Upon publication in the Gazette of notification of the Authority's order made under subsection (1) the order shall take effect on and from the date specified in the notification for its commencement. (3) An order made and published under this section may be revoked or amended by an order subsequently duly made and published under this section.

Bread Industry Authority Act 1990, No. 56 949 3.17 Factors to be regarded in fixing prices . In fixing and declaring prices the Authority shall have regard to- (a) the costs of production, distribution and marketing of bread; (b) the objective of providing stable and fair average retail prices for bread; (c) the possible effect of any variation in price on consumption of bread; (d) such other factors as the Authority considers relevant. 3.18 Particular instances of fixing prices . (1) The authority to fix and declare a price under section 3.17 includes authority to fix and declare (a) different maximum retail prices or minimum wholesale prices according to- (i) differences in quality, grade, class or description of the bread; (ii) differences in localities in which the bread is produced, delivered, distributed or sold; (b) the level of returns of bread; (c) different minimum wholesale prices according to the differences in the quantity of bread sold adjusted to a net value taking into account the levels of returns of bread; (d) controls on the forms of inducement or disincentive that may be proffered to promote the sale of bread. (2) The Authority shall reduce to writing the methods adopted by it in fixing prices, including the form of any cost of production model. (3) The writing referred to in subsection (2) shall be available for public scrutiny at the office of the Authority during ordinary hours of business. 3.19 Report upon increase in bread prices . Whenever the Authority fixes an increase in prices of bread the Authority shall, as soon as practicable thereafter, submit to the Minister a written report upon the increase. 3.20 Provision of information upon application for price increase. (1) An applicant for an increase in bread prices shall furnish such information in relation to the application as the Authority requires. (2) The Authority in respect of an application for an increase in bread prices may gather any information that may be relevant to the application from such sources as it considers appropriate. Division 4-Overriding power of Governor in Council 3.21 Governor in Council may vary, etc determination of Authority. Notwithstanding the functions and powers of the Authority, the Governor in Council may by Order in Council revoke, vary or amend any decision

950 Bread Industry Authority Act 1990, No. 56 of the Authority made under this Act to vary prices and upon publication of the Order in Council in the Gazette the Authority shall be taken to have made the revocation, variation or amendment and shall take all steps necessary to give effect thereto. Division 5-Management of Authority's Affairs 3.22 Meetings of Authority. (1) The Authority shall meet as often as is necessary for the proper exercise of its powers and authorities and the proper discharge of its functions and duties, as determined by the presiding officer. (2) A quorum at any meeting of the Authority is a majority of the number of members for the time being constituting the Authority. (3) The presiding officer or, in absence of the presiding officer, a member chosen by the members then present shall preside at a meeting of the Authority, and while so presiding shall have a deliberative vote and, in the event of an equality of votes on any question, a casting vote. 3.23 Decision according to majority vote. A decision of the Authority on any question shall be according to the majority of the votes cast on the question. 3.24 Absence from meetings . A member of the Authority shall be taken not to have been absent from a meeting of the Authority unless- (a) the member has been given reasonable notice of the date, time and place appointed for the meeting; (b) a meeting of the Authority at which a quorum is present is actually held at the place and on the date appointed, either at the time appointed or at a later time on that date, and in the latter case the member has been given reasonable notice of the later time for the meeting. 3.25 General procedure at meetings . Subject to the provisions of this Division, the procedure at meetings of the Authority shall be as the Authority determines from time to time. 3.26 Custody of seal; Authentication of documents . (1) The common seal of the Authority shall be in the custody of the secretary of the Authority or, in the event of there being no secretary, of the presiding officer. The common seal shall be affixed to a document only in pursuance of the Authority's resolution by the person having custody in accordance with this section, and, where that person is the secretary, in the presence of the presiding officer.

Bread Industry Authority Act 1990, No. 56 951 (2) A document made or issued by the Authority for the purposes of this Act is sufficiently authenticated if- (a) being of a class of document that requires the Authority's seal, it is under the common seal, duly affixed; (b) being any other document, it is made or signed by the presiding officer or the secretary at the direction of the presiding officer. 3.27 Validity of proceedings . Any act, proceeding, decision, or determination of the Authority is not invalid by reason only of any defect in the qualification, appointment, or membership of any member or any vacancy in the membership of the Authority at the time the act, proceeding, decision or determination is done or taken. 3.28 Power of delegation . (1) The Authority may, by instrument in writing, delegate- (a) to a member of the Authority; (b) to an employee of the Authority; (c) to the holder for the time being of any office within the Authority, all or any of its powers, authorities, functions and duties, except this power of delegation and the power to fix the price of bread. (2) A delegation may be made subject to such terms and limitations as the Authority thinks fit. (3) More than one delegation may be made in relation to the same power, authority, function or duty. (4) A power, authority, function or duty, if exercised or discharged by a duly authorized delegate, shall be exercised or discharged in accordance with the instrument of delegation and shall be deemed to be exercised or discharged by the Authority in accordance with this Act. (5) A delegation is revocable, by instrument in writing, at the will of the Authority, and does not prevent the exercise or discharge of the power, authority, function or duty by the Authority. 3.29 Parti cipation in superannuation scheme. (1) In this section the expression "superannuation scheme" means a provident scheme or arrangement, or a scheme or arrangement that secures superannuation benefits for employees. (2) The Authority is authorized with the approval of the Governor in Council first obtained, to establish or join in, and to contribute to and participate in a superannuation scheme. (3) The approval of the Governor in Council, if granted, ma be subject to conditions, including a condition that the provisions o7the scheme include provision authorizing the Auditor-General or a person authorized by the Auditor-General for the purpose to audit the accounts and records of the financial transactions of the Authority in respect of the scheme.

952 Bread Industry Authority Act 1990, No. 56 When the Auditor-General is so authorized the Auditor-General shall have with respect to the audit all the powers and authorities conferred on the Auditor-General by the Financial Administration andAudit Act 1977-1988. Division 6-Employees of Authority and Their Powers 3.30. Staff of Authority. (1) The Authority may appoint and employ an executive officer, secretary and such administrative, professional, and technical officers, inspectors, clerks, and other employees as are necessary for the purposes of this Act. (2) The Authority may appoint the presiding officer to be the executive officer of the Authority. (3) Employment of persons appointed by the Authority shall be in accordance with the relevant award, industrial agreement, or other agreement registered with the industrial registrar or, if there be no such award or agreement or to the extent that the provisions of the relevant award or agreement do not make any provision, on conditions fixed by the Authority. 3.31 Powers of inspectors . (1) For the purposes of this Act an inspector- (a) may, subject to subsection (2), enter any place; (b) may make with respect to any place such investigation and enquiry as is necessary to ascertain whether the provisions of this Act are being complied with; (c) may inspect any place that the inspector believes on reasonable grounds is being or is likely to be used for the manufacture, storage, or sale of bread; (d) may question a person found by the inspector at any place to ascertain whether this Act is being complied with and require a person so found to answer the questions put; (e) may require a person found by the inspector committing an offence against this Act, or who the inspector believes on reasonable grounds has committed an offence against this Act or whose name and address are in the inspector's opinion required for the purposes of this Act to state the person's full name and the address of that person's usual place of residence and, if the inspector suspects on reasonable grounds that a name or address so stated is false, may require evidence of the correctness thereof; (f) may require a person to produce to the inspector any receipt for payment of a precept by that person or alleged by that person to have been paid or any books, accounts, records or documents relating to matters to which this Act is relevant and may inspect, examine and make copies of or extracts

Bread Industry Authority Act 1990, No. 56 953 from any receipt, book, account, record or document so produced; (g) may, in a case where the inspector is obstructed or has reasonable grounds to believe that the inspector will be obstructed in the exercise of powers or authorities or the discharge of functions or duties under this Act, call to the aid of the inspector- (i) a person employed by the Authority; (ii) a member of the police force of Queensland, whereupon it shall be the duty of a person or member so called to assist the inspector as required and in accordance with this Act; (h) may use such reasonable force as is necessary in the exercise of the powers and authorities or the discharge of the functions and duties conferred or imposed on the inspector by this Act; (i) may, by order in writing, require a person who has failed to comply with this Act to take within such time as is specified, such steps as are specified and to remedy those matters in respect of which non-compliance has occurred; but such order does not prejudice or affect in any way any proceedings or action that has been or may be taken for such non-compliance except that the person to whom the order is given is not liable for a continuance of the failure to comply during the time specified in the order. (2) Before an inspector enters a dwelling-house the inspector must, unless the occupier of the dwelling-house permits entry, obtain from a stipendiary magistrate a warrant to enter therein. The term "dwelling-house" includes any part of premises, which part is being used exclusively for the purpose of residence, and does not include the curtilage of any premises. (3) If a stipendiary magistrate to whom application for a warrant under subsection (2) is made is satisfied that the inspector suspects on reasonable grounds that- (a) in the dwelling-house to which the application relates an offence against this Act is being or has been committed; or (b) in the dwelling-house to which the application relates there is anything with respect to which an offence against this Act is being or has been committed, or with respect to which the inspector may exercise a power conferred on the inspector by this Act, the stipendiary magistrate may, subject to subsection (6), issue a warrant directed to the inspector to enter the dwelling-house specified in the warrant for the purpose of exercising therein the powers conferred on an inspector by this Act.

954 Bread Industry Authority Act 1990, No. 56 (4) A warrant shall remain in force for a period of one month from the date of its issue and is lawful authority for the inspector to whom it is directed, and all persons acting in aid of the inspector- (a) to enter the dwelling-house specified in the warrant; and (b) to exercise therein the powers conferred on an inspector by this Act. (5) An inspector executing a warrant shall produce the warrant for inspection by the occupier of the dwelling-house concerned, if requested by the occupier so to do. (6) A stipendiary magistrate shall not issue a warrant under subsection (2) unless- (a) the application therefor is made on oath or affirmation, or made under sanction authorized by law and sets out the grounds on which the inspector's suspicion is based; (b) the stipendiary magistrate has been furnished (by the inspector or other person) with such further information relating to those grounds as the stipendiary magistrate requires, such information being given on oath or affirmation, or under other sanction authorized by law; and (c) the stipendiary magistrate is satisfied that the issue of the warrant is justified. (7) A stipendiary magistrate who issues a warrant under subsection (2) shall cause to be made (on the warrant or otherwise) a record of the matters of fact on which the stipendiary magistrate has relied to justify the issue of the warrant. 3.32 Incidental provisions concerning warrants . Any justice is authorized to administer any oath or affirmation or take any declaration necessary for making an application for a warrant under section 3.33 or for furnishing any information or statement for the purposes of that section. 3.33 Incidental provision affecting exercise of inspector's powers. (1) For the purpose of gaining entry to a place, an inspector may call to his aid such persons as he thinks necessary and those persons, while acting in aid of an inspector in the lawful exercise by him of his power of entry, shall have a like power of entry. (2) A person is not obliged under this Act to answer any question or give any information or evidence tending to incriminate him. PART 4-OFFENCES, PENALTIES AND REMEDIES 4.1 Offence to manufacture bread without having paid precept. A bread manufacturer who manufactures bread for sale when any precept

Bread Industry Authority Act 1990, No. 56 955 payable by the manufacturer has not been paid commits an offence against this Act. 4.2 Offence to sell bread at price contrary to fixed price . (1) (a) A person who sells by wholesale bread at an effective price less than the relevant minimum wholesale price fixed by the Authority less any discount authorized by the Authority commits an offence against this Act. (b) For the purposes of paragraph (a) effective price means the actual price at which the bread was sold less the value to the purchaser of any discounts or other inducements offered by the person selling the bread to induce the purchaser to buy the bread. (2) A person shall not sell by retail bread at a price greater than the relevant maximum retail price set by the Authority. 4.3 Offence re bread returns . (1) A bread retailer who returns bread to a bread manufacturer, vendor or distributor or who accepts credit for unsold bread from a bread manufacturer, vendor or distributor above the levels approved by the Authority commits an offence against this Act. (2) A bread manufacturer, vendor or distributor who accepts the return of bread or who provides credit for unsold bread from a bread retailer above the levels approved by the Authority commits an offence against this Act. 4.4 Offence to hinder administration of Act. A person must not- (a) assault, threaten, abuse, insult, intimidate or obstruct an inspector or other person in the exercise of powers or authorities or the discharge of functions or duties under this Act, or attempt so to do; (b) fail to answer any question put to the person for the purposes of this Act by an inspector or other person, unless there is a lawful excuse therefor, or knowingly give a false or misleading answer to any such question; (c) fail to furnish information, when required by or under this Act to do so, or, in respect to such a requirement, knowingly furnish information that is false or misleading; (d) fail, upon demand made on the person, to produce to an inspector for examination or inspection, any book, account, record, or document required under this Act to be produced, or fail to allow an inspector to make a copy of or an extract from any such book, account, record, or document that is produced; (e) fail to comply with an order duly made under this Act by an inspector and directed to that person. 4.5 General offence provision . (1) A person who contravenes or fails to comply with a provision of this Act commits an offence against this Act.

956 Bread Industry Authority Act 1990, No. 56 (2) A person who commits an offence against this Act, if there is no other penalty prescribed for the offence, is liable to a penalty of- (a) in the case of a natural person, 15 penalty units and, in addition, a penalty of 5 penalty units for each day the offence continues; (b) in the case of a corporation, 300 penalty units and, in addition, a penalty of 100 penalty units for each day the offence continues. 4.6 Proceedings for offences . (1) Proceedings for offences against this Act shall be taken in a summary manner under the Justices Act1886-1989 upon the complaint of an inspector or other person, in either case authorized in that behalf by the Authority. An averment in a complaint that the complainant is duly authorized to lay the complaint is sufficient proof of such authorization in the absence of evidence to the contrary. (2) Proceedings for an offence against this Act may be commenced within one year after the offence is committed or within 6 months after the offence comes to the knowledge of the complainant, whichever period is the later to expire. 4.7 Offence by corporation . (1) If a corporation contravenes or fails to comply with any provision of this Act, each person who is a director of the corporation or who is concerned in the management of the corporation is deemed to have contravened or failed to comply with the same provision. (2) A person may be proceeded against and convicted pursuant to subsection (1), whether or not the corporation has been proceeded against or been convicted of the offence in question. (3) Nothing in this section affects any liability of a corporation for an o ence against this Act committed by the Corporation. (4) It is a defence in proceedings against a person pursuant to subsection (1) to prove that the contravention or failure to comply occurred without that person's consent or connivance and that the person had used due diligence to prevent the commission of the offence. 4.8 Vicarious liability for agent 's or employee 's offence . (1) If a person contravenes or fails to comply with any provision of this Act as an agent or employee, the principal or employer of that person shall be deemed to have contravened or failed to comply with the same provision. (2) It is a defence in proceedings against a principal or employer pursuant to subsection (1) to prove that the contravention or failure to comply by an agent or employee occurred without the consent or authority of the principal or employer and contrary to instructions and that the principal or employer had used due diligence to prevent the commission of the offence. (3) Nothing in this section affects any liability of a person for an offence against this Act committed by that person.

Bread Industry Authority Act 1990, No. 56 957 4.9 Exculpation of employee . It is a defence in proceedings against a person for an offence against this Act committed by that person as an employee to prove that the offence was committed while the business of the employer was being conducted under the personal superintendence of the employer, or a manager or other representative of the employer, and that the offence was committed with the knowledge of the employer, manager or representative. 4.10 Appropriation of penalties etc. Unless otherwise expressly provided by this Act, all penalties, costs, fees, and other moneys recovered under this Act shall be paid into and form part of the funds of the Authority to be applied to its use for the purposes of this Act. 4.11 Injunction against persistent offenders . (1) Where a person has been convicted on at least 3 separate occasions of an offence against this Act, whether the offences are of the same kind or of different kinds, and it appears to the Authority that the person is a persistent offender against this Act, the Authority may make application to the Supreme Court for an order in the nature of a mandatory or restrictive injunction against the person to restrain that person from contravening or failing to comply with the provisions of this Act, generally, or with one or more particular provisions of this Act. (2) On an application made under subsection (1) the court may make such order, directed to the person to whom the application relates, as it considers just and necessary to secure that person's compliance with this Act or any provisions thereof. (3) In addition to any other liability that a person may incur for breach of an order made under this section, the person to whom such an order is directed who breaches the order commits an offence against this Act and is liable- (a) in the case of an individual, to a penalty of 100 penalty units; (b) in the case of a corporation, to a penalty of 300 penalty units. PART 5-MISCELLANEOUS PROVISIONS 5.1 Evidentiary provisions . (1) The provisions of this section apply in relation to all proceedings for the purposes of this Act or with respect to matters arising from this Act. (2) It is not necessary to prove the appointment or signature of- (a) any member of the Authority; (b) the executive officer, secretary, or other employee of the Authority; (c) any inspector, or the authority of any such person to do an act, take proceedings, or to make or give any order or direction under this Act.

958 Bread Industry Authority Act 1990, No. 56 Every such signature shall be taken to be that of the person whose signature it purports to be, and every such authority shall be taken to exist, in the absence of evidence to the contrary. (3) A document or paper purporting to be a copy of or extract from a document or writing in the custody of or issued by or on behalf of the Authority and purporting to be certified by the presiding officer, executive officer or secretary of the Authority as a true copy of the original is admissible in evidence, without the need to call for production of the original, as evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. (4) A certificate purporting to be that of the presiding officer, executive officer or secretary of the Authority, as to the receipt or otherwise of any notice, application, or payment, or as to an amount of precept or other moneys payable under this Act by a person specified therein is evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. (5) An entry in a minute book of the Authority purporting to record any proceedings of the Authority and signed by the presiding officer of the Authority or a copy of or extract from such an entry certified by the presiding officer to be a true copy or extract is evidence and, in the absence of evidence to the contrary, conclusive evidence that the proceedings to which the entry relates were duly conducted and such copy or extract is admissible in evidence without the need to call for production of the original. (6) An averment or allegation in a complaint- (a) as to the date on which the commission of an offence against this Act came to the knowledge of the complainant; (b) that a place specified is, or an act specified was done or omitted, in a locality specified; (c) that bread was manufactured at a time specified by a person specified, is evidence and, in the absence of evidence to the contrary, conclusive evidence of the averment or allegation. 5.2 Service of documents. Any document or writing authorized or required by this Act to be given to any person is duly given if- (a) it is served personally on the person to whom it is directed; (b) it is left at the place of residence or business of the person to whom it is directed last known to the person who gives it; (c) it is sent by post, telex, facsimile, or similar facility to the place of residence or business of the person to whom it is directed last known to the person who gives it. 5.3 Disclosure of information . A person shall not disclose any information or publish any document or part of a document obtained

Bread Industry Authority Act 1990, No. 56 959 by him in connexion with the administration or execution of this Act, unless the disclosure or publication is made- (a) with the consent of the person from whom the information was obtained; (b) in connexion with the administration or execution of this Act; or (c) for the purpose of any legal proceedings arising out of this Act or of any report of those proceedings. 5.4 Copies of documents . The Authority may furnish copies of documents held by the Authority to any person entitled to request them upon payment of an amount fixed by the Authority but not exceeding the cost of providing the copies. 5.5 Exclusion of liability . No liability shall be incurred by the Crown or any person on account of anything done pursuant to this Act or done in good faith and without negligence for the purposes of this Act. 5.6 Regulations . (1) The Governor in Council may make regulations not inconsistent with this Act providing for all matters, whether general or to meet particular cases, that are necessary or convenient for the administration of this Act, or for carrying this Act into effect. Without limiting the powers to make regulations conferred by this subsection, regulations may be made with respect to the matters specified in the Schedule. (2) Regulations- (a) may be made to be of general application throughout the State or of limited application in any area of the State or with respect to any class of person or premises or otherwise as provided therein; (b) may authorize the Authority to approve of forms, fees or other matters specified therein. (3) The power to regulate conferred by subsection (1) includes power to prohibit. 5.7 Tabling Orders in Council. Section 28A of the Acts InterpretationAct 1954-1985 (Tabling of Regulations) applies with respect to Orders in Council made under this Act, as if such orders were regulations.

960 Bread Industry Authority Act 1990, No. 56 SCHEDULE [s. 5.6] Subject-matter for Regulations 1. Powers etc. for purposes of Act. Powers , authorities, functions and duties of persons concerned in the administration or execution of this Act. 2. Qualification of persons . Qualifications of- (a) inspectors; or (b) officers engaged in giving effect to this Act. 3. Records and returns . Records to be kept, and returns, statements, lists, or other documents to be furnished by- (a) bread manufacturers; (b) bread wholesalers; or (c) bread retailers, the manner of keeping such records and inspection thereof; times when and place where such returns, statements, lists or other documents are to be furnished. 4. Fees etc. Fees, charges, expenses, and allowance to be paid for the purposes of this Act, the purposes for which and the circumstances in which they are payable; the collection and recovery thereof. 5. Forms. Forms to be used for the purposes of this Act and the purposes for which they are to be used. 6. Offences . Offences consisting in a breach of regulation and pecuniary penalties not exceeding 40 penalty units payable in respect of such offences. 7. Classes of manufacturers of bread. Prescription of classes of manufacturers of bread for the purposes of specified provisions of this Act. 8. Other matters . All matters required or permitted by this Act to be prescribed where no other method of prescription is specified.