Cheese Pool Act of 1921 (12 Geo v No. 27) (Qld)
Case
No judgment structure available for this case.
CONSTITUTION.-DAIRY PRODUCE. 12 GEO. V. No. 27,1921. Cheese Pool Act. PARI'L. SUPPLEMENTARY APPROPRIATION (LOAN FUND) FOH THE YEAH, ENDED 30TH JUNE, 1921. Sums not exceeding D" PAR' l' M} ~ NT m' PURLIC 'VORKS. £ s. d. For Construction Branch .For Buildings 695 0 0 62,295 10 0 THF: TREASURER. ]<'or Loans to Local Bodies gcntrally ... 121,42:3 8 ]<'or Loans under" The JJIinin.rJ JJIacltiner.IJ Advances Act of 1906" 3,008 12 7 2 DEPARTMEN'l' OF PUBLIC LANDS. For Wire Netting lilt! 2 ;) DEP.UtBIliNT OF JYIINES. For State Coal .Mines 15,G7:3 15 II For Northern Division RAILWAYS. 5,062 17 '± , For General Expenditure 2,{±-45 1:3 [j ---- TOTAl, SUPP:U;MENTAlty CHAltGES UPON l\IONEYS TO TilE CREDIT OF TIm LOAN ] < ~ UND ACCOUNT £21O,7G4 0 1 9681 CONTRACTORS' AND WORKMEN'S LIEN. See LABOUR. DAIRY PRODUCE. An Act to Confer Powers on a State Cheese Board 12 Geo. v: with respect to the Marketing of Cheese, andTH: ~ : : ~ sE for 'other purposes. POOL ACT 0:1' 1921. [ASSENTED TO 14TH NOVEMBER, 1921.] B E it enacted by the King's Most Excellent Majesty, J ])y and with the advice and consent of the Legis- lative Oouncil and Legislative Assembly of Queensland in Parliament assembled, and by t.he authority of the ~ ame, as follows :- 1 (1.) This Act maybe cited as " The Cheese Pool Shorttit\('l .A C t O f . 1 . 9 . °1 • " • a m n e d nc c e 9 mmO-lu (2.) As soon as may be after the passing of this Act, of Act. the Minister shall cause a ballot to be taken, in the D
f>682 DAIRY PRODUCE. Cheese Pool Act. 12 GEO. V. No. 27, manner directed by him, of the cheese producers and the dairy farmers supplying milk to cheese factories on the question- "Shall 'The Cheese Pool Act of 1921' be brought into force? " And if upon the ballot being so taken three-fourths of the persons voting answer the said question in the affirmative this Act shall be brought into force by proclamation of the Governor in Council published in the Gazette; but if such three-fourths majority is not so obtained upon such ballot this Act shall not be brought into force. Oura>ion of (3.) This Act shall .continue in force for the period Act. of one year after the date on which it is proclaimed to be in force as hereinbefore provided, but shall at the expiration of the said period of one year expire and cease to be of any further force or effect unless, upon a ballot of the cheese producers and the dairy farmers sup- plying milk to cheese factories being taken by the Minister in manner prescribed before the expiration of the said period of one year, three-fourths of the persons voting at such ballot are in favour of the continuance of this Act, with such modifications thereof, if any, as the Governor in Council may think proper to make, for a further period designated in the question submitted by ballot to them; and if the said three-fourths majority be obtained at such ballot this Act shall by a proclamation setting forth such modifications, if any, as aforesaid be continued in force for the further period so approved of ; and in like manner this Act with such modifications or further modifi- cations, if any, as aforesaid may be continued in force for further periods from time to time by further ballots as prescribed. The Governor in Council may from time to time, by proclamation published in the Gazette, make such modifications in any of the provisions of this Act as he deems necessary or proper to the intent that this Act with such modifications, if any, may from time to time be continued in force for a further period. Interpreta· tion. Authorised lI~ nt. 2. In this Act, unless the context otherwise indi- ca,tes, the following terms have the meanings assigned to them respectively, that is to say:--"' "Authorised agent"-Any person authorised by the Board to take delivery of any cheese on
DAIRY PIWDUCE. 9683 1921. Cheese Pool Act. their behalf in the exercise of their powers under this Act: the term includes any agent, employee, or servant of an authorised agent empowered by such authorised agent to act on his behalf in taking such delivery, and also any agent, employee, or servant of such agent; "Certificate"-Any document in the prescribed Certificate. form issued by the Board or their authorised agent as evidence of the delivery of cheese by a cheese producer to the Board; "Cheese"--Cheese produced in Queensland; Cheese. "Cheese producer" or "Producer"-Any person, Cheese partnership, firm, or body of persons corporate producer. or unincorporate producing cheese for sale; ." Dairy farmer" -Every person whose name Dairy appears in the registers kept under *" The farmer. DairyProduceAct of 1920" as the owner of a dairy registered under that Act: Provided that, where the names of more than two such persons so appear as the owners of the same dairy, the term shall include only those two persons vvhose names first so appear in the entry of registration; '" Deliver to the BOlUd "--Deliver or tender or Deliver cause to be delivered or tendered to an ~ o! ~ . authorised agent for accept::mce on account of the Board any cheese of which it is intended to yield possession to the Board; and deriva- tives of the word "deliver" used in this connection have a corresponding meaning; ~ ' Minister" - The Secretary for Agriculture and Minister. Stock, or other Minister of the Cruwn for the time being administering this Act; " Person" includes any partnership or firm and Person. any body of persons corporate or unincor- porate; " Preseribed "-Prescribed by this Act or the Prescribed. regul? ~ tions ; " Regulations"-Regulations made under this Act; Regulations. " Sell" includes barter and exclumge; and "sale" Sell; sale. has a corresponding meaning; * 10 Geo. V. No. 15, supra., page 9079.
9684 DAIRY PRODUCE. Cheese Pool Act. 12 GEO. V. No. 27, State Cheese Board or Board. This Act. "State Cheese Board" or "Board "-The State Cheese Board appointed by the Minister under this Act; "This Act" includes the regulations and any proclamation made under this Act. Application 3. (1.) Save as horein expressly mentioned, this. of Act. Act shall apply to cheese produced in Queensland on and after a date to be fixed by the Governor in Council by proclamation published in the Gazette. (2.) This Act shall not apply to sales of cheese by retailers in the ordinary course of business of retailing for domestic consumption. 4. (1.) The Minister shall- Sta te Chee~ e Board. (a) As soon as practicable after the passing of this Act, constitute a State Cheese Board; and (b) Appoint thereto five persons elected in the prescribed manner by the cheese producers and the dairy farmers supplying milk to cheese factories, and shall appoint one of them to be chairman of such Board: Provided that pending such election the Minister may appoint to be the first members of such Board five . persons chosen before the passing of this Act by cheese producers and other persons interested in the cheese industry, to constitute a cheese pool committee. In the voting by dairy farmers (which are corpora- tions) or cheese producers each corporation or factory shall have one vote only, which shall be cast as prescribed. The members of such Board shall hold office for one year from the date of appointment, or until the date fixed by the Minister as hereinafter provided on and after which the functions of the Board shall cease~ whichever is the shorter period. If the functions of the Board are not determined by the Minister as hereinafter provided before the expira- tion of the said period of Olle year a fresh election and appointment shall be held and made as hereinbefore provided, and so from time to time as occasion may require. Casual vacancies in the Board arising by death or retirement of a member shall be filled in like manner as they arise, and the newly appointed member shall hold
DAIRY PRODUCE. 9685 1921. Oheese Pool Act. <>ffice for the balance of the period for which his prede- cessor would have held office had no vacancy arisen. If no persons are or an insufficient number of persons is elected as aforesaid, the Minister shall appoint a proper number of persons to be members, and such persons shall be deemed to have been appointed after due election, and shall hold office accordingly. In case of the illness, suspension, or absetlce of any member of the Board, the Minister may appoint a deputy to act for such· member during his illness, suspension, or absence; and every such deputy shall, while so acting, have all the powers and carry out all the duties of such member. (2.) The Board shall not be deemed to represent the Crown for any purpose whatsoever. (3.) The Board shall have the powers and perform the duties conferred and imposed upon them by this Act. Tb!:' members of such Board shall be paid such remuneration as the Minister thinks fit. (4.) Any three members of the Board shall be a quorum at any meeting, and shall have all the powers and authority conferred upon the Board by this Act. (5.) The Board shall cause minutes of their decisions to be kept. . (6.) The Minister-shall have the power to fix a date on and aftet which the functions of the Board under this Act shall cease. 5. The Board may sell or arrange for the sale of Powers of cheese, and do all acts, matters, and things necessary or Board. expedient in that behalf accordingly; and in particular, but without limiting the ·generality of the foregoing powers, may-. (i.) Appoint, employ, or authorise such agents, officers, servants, and other persons as are necessary; and (ii.) Arrange with any bank or banks, or with the Government of the Commonwealth, for financial accommodation; and (iii.) Provide as far as practicable cheese for con- sumption in Queensland, and for its supply during any period of shortage to those places within Queensland wherein a shortage is experienced; and
9686 DAIRY PRODUCE. Cheese Pool Act. 12 GEO. V. No. 27, (iv.) Make such arrangements as they deem necessary with regard to sales of cheese for export or for consignment to other countries or States: for the purposes of this provision a sale of cheese for oversea ships' stores shall be deemed to be a sale for export. All cheese to 6 .• (1.) Save as hereinafter prescribed, all cheese :: :!lvered produced in Queensland shall b3 delivered by the pro- Board. ducers thereof to the Board or their authorised agents within such tim3s, at such places, and in sllch manner as the Board m 1y fix or as may be prescribed. (2.) All cheese so delivered shaJI be deemE-d to have been delivered to the Board for sale bv the Board on behalf of the producers thereof. .; Prohibition (3.) Any person who, save as hereinafter prescribed~ o ~ f s . ale ~ s, &c"sells or delivers any cheese to or buv J s an • y cheese from any except to person other than the Board shall be liable to it penalty Board. not exceeding five hundred pounds. Exemptions. (4.) The Board may, in such cases and on such terms and conditions as mi1y be prescribed, exempt (either generally or in any particnlar case) from the operation of this section- (a) Such small cheese producers as the Board think fit ; (b) Sales of cheese direct to retail venc;lors ; and (c) Such other sales and purchases as may be prescribed. (5.) The Board's decision as to whether any specified person or cheese falls ,vithin the limits of any such exemption shall be finaL (6.) The Board may at any time, by notification published in the Gazette, revoke any such exemption. Delivery to 7. All cheese delivered to the Board shall be b ll e aII m le ad of e in delivered in the name of the cheese producer and producer. such producer shall tender with each consignment of cheese intended for delivery to the Board a certificate of merchantabIe quality from a State grading officer indicating the quality of the cheese comprised in the consignment. Any person who fails to comply with this section shall be guilty of an offence against this Act.
DAIRY PRODUCE. 0087 1921. Oheese Pool Act. 8. The tendering of cheese by any person (whether Te~lder to bE: by himself or by any other person authorised by him) i: : : : ~ : of to an authorised agent, for acceptance of delivery by to deliver. him, shall be prima facie evidence of an intention to deliver the tendered cheese to the Board to be disposed of by the Board in accordance with this Act. 9. (1.) The Board shall not refuse to accept from BO~ r? ' s any producer any cheese for which a certificate of~ ec: lOf t@ merchantable quality from a State grading officer has e na. been obtained and tendered with the cheese to the Board, provided that such cheese is delivered in accord- ance with this Act within such reasonable times as shall be fixed by the Board, and, subject to this Act, shall, out of the proceeds of cheese disposed of by the Board under this Act, make payments to each producer of cheese delivered to the Board in respect of such cheese delivered by him on the basis of the net proceeds of the sale of all cheese of the same quality delivered to and sold by the Board and the propOTtion of such cheese so delivered by such producer. (2.) For the purpose of ascertaining the net price to be paid to the producers for cheese delivered tg the Board, and generally for the purposes of this Act, the Board's decision as to the method of determining the dockages, cost of freight from trucking point to customary shipping port and other charges, and all expenditure incurred in and about the marketing of the cheese shall be final. 10. (1.) As soon as practicable after the receipt ofrssue of any cheese the Board shall issue to the cheese producer certificates a cert 1 'ficate I.n t he preser1' bed form : Pro' vdl edt . hat the ainnodopnnayeomtieonJlt Board, if they have received notice of any mortgage, wdi]t?- chd~se C h arge, 1 l · en, or encum b ranee over or contrac t r I e t a ' lng t ,0 th e e Iv B e o re ard t . G such cheese, may in their discretion refuse or withhold the issue of such certificate. . (2.) Such certificate shall not be transferable, except by way of security approved by the Board. (3.) The Board may make or arrange for advances on account of cheese delivered to the Board, and any such advances and any payment made on account of such cheese may be made' at such time or times, and on such terms and conditions, and in such manner as the Board may think fit.
9688 DAIRY PRODUCE. Cheese Pool Act. 12 GEO. V. No. 27, Contracts for 11. (1.) Every contract which is made in or outside sale of cheese. of Queensland, whether before or after the passing of this Act, so far as it rela tes to the sale of cheese for delivery in or out of Queensland, shall, when specified by the Boa.rd in a notification published in the Gazette, be and is hereby declared to be and to have been void and of no effect as from the date upon which it was made, so far as such contract has not been completed by delivery at the date of such notification: Provided that for the purposes of this section any such contract shall be deemed to be severable. (2.) Any transaction or contract with respect to any cheese which is the subject-matter of any contract or part of a contract declared by this section to be void Hhall also be void and of no effect, and any money paid in respect of any contract or part of a contract hereby made void or of any such transaction shall, to the extent to ,vhich the said contract or transaction is made void, be repaid. Inler.state (3. ) Nothing in this section shall apply to cheese the ceoxcnlturadcetds. subJ'ectof an interstate contract. Power af 12. Notwithstanding anything in *" The Railways Act C R o a m ilw m a is y - of 1914," or .the law relating to common carriers, or any sioner, &c., agreement to the contrary (whether made before or after c to ar r r e y fuse to the passing of this Act), the Queensland Commissioner certain for Railways and any common ca.rrier and any owner, chee?e. charterer, master, or agent of 9.ny ship may, on the request of the Board, without incurring liability refuse to carry any cheese (not the subject of an interstate contract) from any place in Queensland to any other place in Queensland, or, except as prescribed, to deliver any such cheese. Board. 13. (1.) The Board may from time to time, by ~ ~ : r~ q~ ; re notice in the Gazette and two newspapers published in cheese, &c., the State, require holders of cheese to furnish a return ! : t~ ~ : ~ sh in the form specified in such notice, showing the quantity of cheese held at any time specified in such notice, and setting forth such other particulars (if any) as may be specified therein. (2.) Any holder who fails to comply with any of the requirements of such notice, or who wilfully furnishes any false or misleading return, shall be guilty of' an offence against this Act. * 5 Geo. V. No. 24, supra, page 7215.
DAIRY PRODUCE. 96R9 1921. Cheese Pool Act. 14. No action for damages shall be brought against Re~ edy the Board or any person acting under their authority by ~~ ~ I~ ; ~t any person claiming to be entitled to any bill of sale, co~ fin~d to mor t gage, c h arge, 1 l · en, or 0 t · l ler cncunlbranceIw lta soever aclnaIamcc f o o u r nt. of or upon or over any cheese, or claiming to be the true o'wner of such cheese: Provided that any person who but for this section. might have brought any such action ma,y adopt the delivery of such cheese to tbe Board as a delivery thereof by him to the Board, and may claim accordingly for an account of the payment,s due in respect ther20f. But, notwithstanding anything in any Act or any Notic:) of rule of law to the contrary, allV such person shall not be ~ en, &c. , to. entitled to clvjm as afoi'esp.id for an lwcount of the t~ f; : : ~ d. payments due in respect of such cl.18ese, or any part of such payments, unless he has given prior notice in writing to the Boa.rd in the form and containing the particulars prescribed of such bill of sale, mortgage, charge, lien, or other encumbrance, or claim of ownership, and then only for such part of such moneys as has not been paid to other persons at the time of the receipt by the Board of such notice. 15. (1.) Every producer of cheese which is subject Duty of to any bill' of sale, mortgage, charge, lien, or encum- ~ f~: ~ ~~ ~ c! O brance referred to in the last preceding section, or of encurn- in resn .r cc v 't of which he has entered into any contract in b o r n an d c e ~ l s Iv , e & ry c., derogation of his title to sell such cheese as the absolute thereof. OWUtlr thereof (and whether such bill of salf', mortgage, charge, lien, or encumbrance, or contract ,\as made before or after the passing of this Act), shall when delivering such cheese to the Board give to the person receiving such cheese on behalf of the Board a notice in \vriting in the prescribed form of every such bill of sale, mortgage, charge, lien, or encumbrance, or contract. (2.) A notice given in respect of a delivery made to any person receiving cheese on behalf of the Board at one railway station or place of delivery shall not be deemed to he a compliance with this section in respect of a delivery made to any other per.son receiving cheese on behalf of the Board at the same or any other railway station or place of delivery. (3.) Any person wilfully guilty of a failure to comply with any of the provisions of this section shall be guilty of an offence against this Act.
9.690 DAIRY PRODUCE. Chee.se Pool Act. 12 GEO. V. No. 27, Non·liatility 16. Where the Board in good faith has made any I of Board payment- for payments }n. f~ o~ (a) To a cheese producer delivering any cheese to< I al.. 1', the Board or any person acting under their authority; or (b) To any person entitled or claiming to be I entitled through such producer; or (c) To any person on the order of such producer' or last-mentioned person, the Board shall not be answerable to any other person I in respect of sueh payment for such cheese or any part I thereof or in any action, claim, or demand whatsoever for damages or otherwise. Protection 17. No action, claim. or demand whatsoever shall s o n f d thietsCrown 1 l · e, or b e ma d e or a 11 owe d by or I . II f a vour 0 f any person officers. whomsoever, against His Majesty or the Minister or (save as in this Act is expressly provided) the Board; or any officer or person acting in the execution of this Act, for or in respect of any damage or loss or injury sustained or alleged to be sustained' by reason of the passing of this Act, or of its operation, or of anything done or purporting to be done thereunder. Payments of 18. Any notific[ljtion under *" The Profiteering' differences. Prevention Act of 1920" fixing the price of cheese may also require the holders of any cheese, or of any specified quantity thereof, to pay to the Board within a specified time- (a) A sum representing the difference between the price fixed by such notification and the fixed price relating to such cheese immediately prior to the issue of the said notification; or (b) If there is no such last-mentioned fixed price~ then a sum representing the difference between the price fixed by such notification and the price at which such cheese was purchased. Any sum required to be paid to the Board under the provisions of this section may be recovered by the Board in any court of competent jurisdiction. This section shall not apply to any cheese held by any manufacturer of cheese goods for the purpose of using such cheese in the manufacture of cheese goods or * 10 Geo. V. No. 33, 8upra, page 9213.
DAIRY PRODUCE. 9691 1921. Cheese Pool Act. goods compo:;;ed in whole or in part of cheese, or which in the opinion of the Board is of any special brand, make, or variety or has been the subject of extra care or expenditure or has any special market outside Queensland. 19. The Board shall cause true and regular accounts Acc?unts of t o be k ept 0 f a 11 sums 0 f - money receI . ved and pal' d for or rdeicsbeIuprtsse-and on account of this Act or pursuant thereto, and of the ments to be several purposes for ,vhich sums of money have been kept. received and paid. Such accounts shall be c1udited by the Auditor- Genera], who sh[o11 have with respect to" such accounts all the powers conferred on him by *" The Audit Acts, 1874 to 1906." 20. (1.) Notwithstanding anything hereinbefore inPow~r to this Act contained, the .Minister, upon the recommen- X~ ~ i~ ~ eOf dation of the Board, may direct, by notification in the cheese to Gazette, that no person shall deliv~ r any cheese to the ! 1o~ ' : , ~ and Board before the thirtieth day of ,June, one thousandquenoes nine hundred and twenty-two, or such earlier or latert,hereou. date as is stated in such notification. (2.) Thereupon the fono \ving consequences shall ensue until the thirtieth day of .J une, ono thousand nine hundred and twenty-two, or until sueh earlier or later date, as the case may be :- (i.) On Monday in every week- (a) Every producer shall deliver to the Board a return in the prescribed form showing the total quantities of each description of cheese manufactured by him during the last preceding seven days, and the names and addresses of all persons to whom any cheese Was during such period delivered or consigned by such producer for sale, and the respective qU'1ntities of the cheese so delivered or consigned to each such person nnd the respective descriptions thereof; (b) Every agent for the sale of cheese shall deliver to the Board a return in the prescribed form showing the respective quantities of each description of cheese sold or agreed to be sold by him on behalf * 38 Vie. No. 12 and amending Acts, supra, pages 74 et:,eq.
9692 DAIRY PRODUCE. Cheese Pool Act. 12 GEO. V. No. 27, of any person during the last preceding seven days, and the price realised or agreed to be paid in respect of such respective quantities of cheese, and the names and addresses of the persons on whose behalf such respective quantities of cheese were sold or agreed to be sold, and such further particulars relating to such sales as the Board may from time to time require. (ii.) If the Baard is satisficd that any producer has sold in Queensland more cheese than his quota as determined by the Board, the Board may, by written notice in the prescribed form addressed to such producer, direct that such producer shall purchase cheese of the grade or d8scription and in the respective qua,ntities specified in such notice from such person and at s11ch place and within such time as shall be specified in such notice: provided that such lastmentioned person is willing to sell such cheese at the wholesale price of cheese of such grade or description then prevailing in such place. Any statement in such notice as to such wholesale price shall be prima facie evidence of such price. Any producer who fails to comply with any such direction of the Board shall pay to the Board a sum equal to the value of the cheese so directed to be purchased by such producer and which he has failed to purchase as so directed. Such sum shall be a debt due to the Chairman of the Board, and may be re- covered by him in any court of competent jurisdiction by proceedings in his official name of "Chairman of the State Cheese Board," and shall be paid by him to the person from whom such purchase was so directed to be made, provided such lastmentioned person deli vel'S such cheese to the Board or as directed by the Board to be disposed of to or for the benefit of the producer who failed to purchase the same as aforesaid. (iii.) The Minister may from time to time appoint by writing under his hand any person or persons . authorising him or them to inspect and take
DAIRY PRODUCE. 9693 1921. Cheese Pool Act. copies of any books, papers, vouchers, records, or other documents of any producer or agent of a producer for the purpose of ascertaining or verifying any of the particulars prescribed to be included in any return under this section by such producer or agent, and for that purpose authorising the person or' persons so appointed to enter into or upon any office or premises of such producer or agent; such producer or agent shall provide all reasonable facilities for such entry, inspection, and copy- ing; such producer or agent, and every officer, agent, or servant of such producer or agent shall furnish to the person or persons so appointed all such information in the power of such producer or agent, or officer, agent, or servant of such producer or agent, as the case may be, as may reasonably be requested of him. (3.) In addition and without prejudice to any other remedy herein provided, any person who acts in con- travention of or fails to comply with any of the provisions of this section shall be guilty of an offence, and be liable to a penalty not exceeding one hundred pounds, and to a daily penalty not exceeding. ten pounds for every day during which such default continues; and every such penalty may be recovered in a summary way by complaint under *" The Justices Acts, 1886 to 1909." (4.) Any prod,ucer, agent, or other person who makes or signs a return under this section which in any material particular is to his knowledge false shall be guilty of an offence under sect:on one hundred and ninety-four of t" The Criminal Code," and punishable accordingly. 21. (1.) All offences against this Act may be Recovery of prosecuted and punished by complaint under *;, The penalties. J'llst'ices Acts, 1886 to 1909.;' (2.) In any such complaint- ,Toinder of parties, &c. (a) Seyeral offences maybe charged, whether of the same or of different kinds; (b) Several persons may be joined as defendants, whether in respect of the same or of different * 50 Vic. No. 17 and amending Acts, supra, pagos 1132 et seq. t 63 Vie. No. 9, Seh. I., supra, page 344.
~ 694 DAIRY PRODUCE. Cheese Pool Act. 12 GEO. V. No. 27, offences, and whether those offences are C0111- mitted by the same or by different persons; and in such case separate decisions may be given in respect of each defendant so joined: Provided that in any such case the adjudicating court may give such directions as it thinks fit for the separate hearing of any charge against any defendant. General penalty. (3.) Any person who commits any offence against this Act for which no other penalty or punishment is expressly provided shall be liable to a penalty not exceeding ten pounds or to be imprisoned for any period not exceeding one month, or to both such penalty and imprisonment. Companies. (4.) If any person committing an offence against this Act is a company, the individual person guilty of the offence, and also the illanaging director or other manager in Queensland of the company, shall each of them be liable to the like punishment. Joint ()ffenders. (5.) If two or more persons are responsible for the same offence, each of those persons shall be guilty of the offence, and the liability of each of them shall be independent of the liability of the others. Ev;dence. 22. In any proceedings for any offence against this Act- (1) Any notification, requisition, direction, demand, order, or other document in writing, purport- ing to be signed or made or sent by the Board or the Chairman or secretary thereof or the Commissioner of Prices, shall be judicially noticed. (2) The production of a copy of the Gazette pur- porting to contain any notification, direction, or order made by the Board or the Com- missioner of Prices shall be conclusive evidence of the matters contained t,herein, and tbat all steps necessary to be taken prior to the making of such notification, direction, or order have been duly taken. (3) The averment on behalf of the Board m any complaint that anything was or is cheese subject to this Act, or was or is cheese mentioned or included in any notification, direction, or order, or that any place is a
DAIRY PRODUOE. 9695 1921. Cheese Pool Act. place in Queensland, or that any person is a cheese producer or an authorised agent, shall be sufficient evidence of that fact. (4) Any document, or anything purporting to be a copy of or extract from any document, containing any reference to any matter or thing alleged to be done in contravention of this Act, shall, upon proof that it was pro- duced by or came from the custody of a person charged with the offence, or a respon- sible officer or a representative of that person, be admissible in evidence against that person and evidence of the matters and things thereby appearing, and that the document (or, in the case of a copy, that the original thereof) was written, signed, despatched, and received by the persons by whom it purports to have been written, signed, despatched, and received, and that any such copy or extract is a true copy of or extract from the original of or from \vhich it purports to be a copy O~ extract. 23. (1.) The Governor in Council may from time to Regulations. time make all such regulations as he thinks fit for giving full effect to this Act, and, without limiting the generality of the foregoing provision, for all or any of the following purposes :- (a) Making all necessary provision for and regu- lating the conduct by post or otherwise of the election from time to time of members of the Board or any ballot which the Minister may see fit to take for the purposes of this Act; (b) Regulating the meetings of the Board and the conduct of business thereat; (c) Ascertaining whether cheese is of merchantable quality and prescribing a standard therefor, and for an increase or decrease in the price otherwise payable to any cheese pr,oducer for any cheese delivered by him to the Board according to the extent to which such cheese is graded above or below ninety points by a St8Jte grading officer; and regulating the storage, package, marking, branding, grading, carriage~ exporting, and delivery of cheese;
9696 DAIRY PRODUCE. Cheese Pool Act. 12 GEO. V. No. 27,1921. (d) Issuing licensEs by the Minister to wholesale dealers to trade in cheese, which license may on the recommendation of the Board be with- held in any case without assigning any reason therefor; (e) Prescribing the certificates and other forms which may be used under this Act; (f) All matters required or permitted by this Act to be prescribed. (2.) All such regulations shall be published in the Gazette, and shall be laid before both HOUSES of Parliament within fourteen days after the making thereof if Parlia- ment is then sitting, and, if Parliament is not then sitting,. then within fourteen days after the next meeting of Parliament. The Governor in Council may in such regulations impose a penalty not exceeding one hundred pounds for any breach thereof. (3.) All regulations purporting to be made by the Governor in Council under and for the purposes of this Ad, and published in the Oazette, shall be read as one with this Act and construed as being of equal validity,. and shall be judicially noticed. (4.) If both Houses of Parliament respectively pass a resoktion disallowing any such regulation, of wh~ ch resolution notice has been given at any time within fourteen sitting days of each House respectively after such regulation hars been laid before it, such regulation shall thereupon cease to have effect, but without pre- judice to the validity of anything done thereunder in the meantime. GOVERNl\IENT INSCRIBED STOCK. See LOANS. GOVERNMENT LOAN. See LOANS.
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0