Control of Trade Act of 1914 (5 Geo v No. 3) (Qld)

MARRIAGE AND DIVOHCE.-Jl.IERCANTILE. 5 GEO. V. No. 3, l'il14. Control of Trade Act. 2. On the day of an order was made by [state by whom or by what court] whereby the abovenamed defendant was ordered to [state eOect 01 the order and how payments were ordered to be made]. 3. The period for appealing against the said order has expired, and the said order is still in force. 4. The following amount has been paid under the said order, namely [state the amount (il any) paid, and when paid, and, in case payable by instalments or periodically, up to what time payments have been made] (or No amount has been paid under the said order). n. There is now remaining due and unsatisfied under the said order the sum of being for weeks [or as the case may be] at per week [or as the case may be]. 6. To the best of my knowledge and belief the said defendant is now residing at in the State of and has been residing there since about [state the time so far as known or believed]. Sworn at State of 1 in the the day of 19 :) before me 6273 MEAT SUPPLY FOR IMPERIAL USES. See STOCK. MERCANTILE. AnAct to Make Provision against Undue Restriction 5 Geo. V. of the Supply of Goods or Undue Raising of the No.3. THE Prices of Goods during War. CONTROL OI<' TRADE ACT OF 1!J14. [ASSENTED 'l'0 26TH AUGUST, 19B.] B E it enacted by the King's Most Excdlent :\Injesty, by and with the advice and consent. of the 'Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. This Act may be cited as "The Control 0/ Trade Short title. Act of 1914." ° t be 2 n . a(ml. ) edTbhyistAhectGsohvaellrnco0rll!I-ne CinotuonC ~ I p l e b r y at p i r o o n cIoanmaat ~ lO a n y d ~ ~ u ~ r ; a r t : i . o e n ~ d o e f published in the Gazette, and shall remain in force during Act. such period or extended period as the Governor in

MERCANTILE. Control of Trade Act. 5 GEO. V. No. :1, Council, by Proclamat.ion published in t.he Gazette, from t.ime t.o t.ime declares. Saving on expiration of Act. (2.) The expirat.ion of t.his Act shall not. affect- (a) The previous operation of or anything duly done or suffered under this Act; (b) Any penalty, forfeiture, or punishment in- curred in respect of any offence against this Act; or (c) Any investigation, legal proceeding, or remedy in respect of any such penalty, forfeiture, or punishment. And any such investigation, legal proceeding, or remedy may be instituted, continued, and enforced, and any such penalty, forfeiture, or punishment may be imposed and enforced, as if this Act had not expired. Operation of 3.;"This Act shall have effect notwithstanding any- Act. thing to the contrary, whether express or implied, in any Act, rule, or regulation, or in any judgment or order, or in any contract or agreement whether oral or written, or in any deed, document, security, or other writing whatso- ever; and nothing contained in any of the aforesaid matters or things shall be construed to prejudice or affect the operation of this Act. Interpreta- tion. . Board. Chief Secretary.. Goods. Person. 4. In this Act the following terms have the meanings respectively set against them, that is to say : - " Board "-A Board of Control constituted under and for the purposes of this Act; "Chief Secretary" - The Chief Secretary of Queensland or other Minister of the Crown for the time being discharging the duties of Chief Secretary; " Goods "-All foodstuffs, commodities, goods, chattels, or things whatsoever which the Governor in Council, by Proclamation pub- lished in the Gazette, declares to be goods subject to this Act; " Person" includes a body of persons, whether corporate or unincorporate, and a firm of partners. Admini,tra· 5. This Act shall be administered by the Chief tion of Act. Secretary.

~ IEHCANTILE. 6275 1914. Control of Trade Act. 6. The Governor in Council may from time to time, Good, may be by Proclamation published in the Gazette, declare that b~os~: b\~ ~~dt~o any foodstuffs, commodities, goods, chattels, or things tbis Alt. whatsoever in such Proclamation mentioned or referred to shall be goods subject to this Act. Thereupon, while such Proclamation remains unrevoked, this Act shall extend and apply to the things mentioned in such Proclamation, and the same shall be goods subject to this Act in all respects and for all purposes. 7. The Governor in Council shall appoint such and so Appointment many persons as he thI'nkS proper to be a Board 0 f Controlo C f o B nt o r a n r l d . of for the purposes of this Act, respectively, in and for the Central District and the Northern District ilJS defined by "The Central and Northern Districts Boundaries Act of 1900"* and in and for the Southern District being the .residue of the State. Each such Board shall meet at such times and places and shall conduct their business in such manner as the Chief Secretary directs. 8 Each Board from time to time in and for the Duties and DI· St rI,c.t f J' Or wh l ' C h they are appoI' nted - powers (,f Board. (a) Shall inquire into and report to the Chief Secretary as to what prices should be the highest selling prices for any goods or kinds of goods under this Act; (b) May in any inquiry or report deal with the prices of any goods or kinds of goods under this Act, whether included in a previous report or not; and (c) May in any report specify different selling prices for the same goods or kinds of goods having regard to- (i.) The different qualities thereof; or (ii.) The sale or supply thereof wholesale or retail; or (iii.) The sale or supply thereof under differing terms and conditions; or (iv.) Any other matter which the Board think fit to consider. 9. (1.) The Chief Secretary may at any time and Decl~ ration from time to time, by order published in the Gazette, ~ l;; ~ificeed b~ declare that the price or prices specified in any report of Bmd. . * 64 ViI', No. 2, supra, page 128.

H27H MERCANTILE. Control of Trade Act. 5 GEO. V. No. 3, a Board for any goods or kind of goods shall for the purposes of this Act be the highest selling price or prices for those goods or kinds .of goods in the District or portion of District concerned. Dechtl'ed price." In this Act the expression "declared price" shall, as the case requires in and for the District or portion of District concerned, be deemed and taken to refer to any such price or to any of such prices. (2.) Any order under this section may be rescinded or varied by the Chief Secretary by a subsequent order. Selling at or refusing to sell except at prices higher than declared price an offence. 10. Any person who- (a) Sells or supplies, or offers for sale or supply, any goods at a price higher than the declared price thereof for any such sale or supply; or (b) Refuses to sell (except ata price higher than the declared price thereof for any such sale or at all) any goods- (i.) Which he is entitled to sell, and (ii.) Which are in excess of what are required for the use of himself and his dependants for a period of three months from the date of the refusal, is guilty of an offence against this Act. Aiding, abetting offences, &0. 11. Any person who aids, abets, counsels, or procures, or is in any way knowingly concerned in the commission of an offence against this Act is deemed to have com- mitted an offence, and is punishable accordingly. Power of entryalld Reizul.'e. 12. If the Chief Secretary has at any time reason to suspect that any person has been guilty of any offence against this Act, or that any goods are kept stored or had in possession under such circumstances that an offence against this Act is being committed, he may, by an order, authorise any State officer to seize, take possession of, carry away, and detain any such goods, and for such purpose, with any necessary assistants, to enter any place or premises whatsoever and search for any such goods, and to use such force as may be necessary. Any person who obstructs, hinders, or delays any such officer or his assistants acting under such order is guilty of an offence against this Act. Any order under this section may be transmitted by means of a telegram, which shall be of equal validity as if it were under the hand of the Chief Secretary.

MERCANTILE. 6277 1914. Control of Trade Act. 13. Any person who commits an offence against this General Act is liable to a penalty not exceeding five hundred penalty. pounds and to be imprisoned for any period not exceed- ing six months. If such person is a company, the individual person guilty of the offence, and also the managing director or other manager in Queensland of the company, are each of them liable to the like punishment. If two or more persons are responsible for the same offence, each of those persons is guilty of the offence, .and the liability of each of them is independent of the liability of the others. 14. (1.) All offences against this Act may be prose- Reoov~ ry of cuted and punished at the option of the Chief Secretary, penaltIes. either by complaint under "The Justices Acts, 1886 to 1909,"* or by action in the Supreme Court before a Judge thereof sitting without a jury: Provided that no proceedings for an offence against this Act shall be taken by any person whomsoever with- out the written direction of the Chief Secretary. (2.) In case of any conviction, the adjudicating court may in its discretion order the forfeiture of all or any part of any goods with respect to which the offence was committed, or of the value thereof. 15. In any proceeding under or for the purposes of Evidence. this Act- (a) Any order, direction, or other document in writing, purporting to be signed by the Chief Secretary or the Under Secretary to the Chief Secretary, shall be judicially noticed. (b) The averment on behalf of His Majesty in any information, complaint, pleading, summons, or writ that any thing was or is goods subject to this Act, or was or is goods mentioned in any order made under this Act, shall be sufficient evidence of that fact. (c) The burden of proof that any goods are not in excess of what are required for the use of the defendant and his dependants for a period of three months from the date of any refusal to sell goods shall lie on the defendant. * 50 Vic. No. 17 and amending Acts, supra, pages 1132 cl seq.

6278 MEHCANTILE.-MINING. Mining Act Amendment Act. 5 GEO. V. Ko. 25, (d) The production of a copy of the Gazette containing any order made by the Chief Secretary for the time being in force shall be conclusive evidence of the declared price of any goods or kinds of goods as set out therein. Saying. 16. No action, claim, or demand whatsoever shall lie, or be made or allowed by or in favour of any person whomsoever, against the Chief Secretary, or any officer or person acting in the execution of this Act, for or in respect of any da:rr:age 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. Proclamation. 17. (1.) The Governor in Council may from time to time make and publish in the Gazette all such Proclama- tions as he thinks fit for giving full effect to this Act. (2.) All Proclamations purporting to be made by the Governor in Council under and for the purposes of this Act and published in the Gazette shall be read as one with this Act and construed as being of equal validity, and shall be judicially noticed. Appropria- tl.:>n. 18. All moneys that may be required for carrying this Act into full execution shall be defrayed out of the Consolidated Revenue Fund, which is hereby appro- priated for the purpose. MINING. 5 Geo. V. No. 25. THE MINING ACT AllENDMENT ACT OF 1914. An Act to Amend "The Mining Act of 1898" by Enabling Special Gold-mining Leases to be Granted for the Encouragement of Deep Sinking. [ASSENTED TO 17TH DECE~ jBER, 1914.J B E it enacted by the King's :Most Excellent Majesty, by and with the advice and consent' of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - Shurtt'tleand 1. This Act may be cited as "The Mining Act Amend- ~ f' ~ ~ t~ ction ment Act 01 1914," and shall be read as one with "The Mining Act 01 1898,"· hereinafter called the Principal Act. * 62 Vie. No. 24, supra, page 2178.