Cotton Industry Act of 1923 (14 Geo v No. 28) (Qld)

10494 ss. 1-3. COTTON. Cotton Industry Act. 14 GEO. V. No. 28, CONVERSION OF GOVERNMENT LOANS. See LOANS. CO-OPERATIVE ASSOCIATIONS. See PRIMARY PRODUCE. COTTON. 14 Geo. V. An Act to Provide for Marketing Cotton and to No. 28. THE COTTON Authorise the Acquirement of Cotton by the INDUSTRY ACT OF 1923. State, and for other purposes tending to the Improvement of the Cotton Industry. [ASSENTED TO 12TH NOVE1UBER, 1923.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- PART I.- PP.ELDlINARY. PART I.-PRELIMINARY. Short title. 1. This Act may be cited as "The Cotton Industry Act 0/ 1923." Parts of Act. 2. This Act is divided into Parts as follows : - PART I.-PRELIMINARY; PART H.-AcQUIREMENT OF COTTON, &c.; PART HI.-PREVENTION OF DISEASE; PART IV.-MISCELLANEOUS. Interpreta- tion. Authorised agent. Authorised factory. Cotton plant. Disease. 3. In this Act, unless the contexb otherwise indi- cates, the following terms have the meanings respectively assigned to them, that is to say,- "Authorised agent "-An agent appointed by the Minister for the purposes of this ~ct ; Authorised factory"-A place at which cotton is ginned under authority of the Minister; " Cotton plant" includes every part of such plant, and every product thereof; "Disease"-A disease declared by the Governor in Council, by OrdeI' in Council, to be a disease under and for the .purposes of this Act;

1923. COTTON. Cotton Industry Act. s.3. 10495 PART 1.- PRELIMINARY. " District ~' - A District constituted under and for District. the purposes of this Act; "Fungus"-Any fungus or vegetable parasite Fungus. which the Governor in Council from time to time, by OraeI' in Council, declares to be a fungus within the meaning of this Act, in whatever stage of existence such fungus or vegetable parasite may be ; "Ginning"-The process of separating the fibre Ginning. from the seed of cotton; and "Gin" and " Ginned" have correlative meanings; "Grower"-The person by whom cotton was Grower. grown: where cotton was grown pursuant to any share-farming agreement the term includes the parties to such agreement; " Infected," used with respect to any cotton plant Infected.. or any part thereof or any cotton seed or other product of any cotton plant-Diseased or suspected by an inspector to be diseased or infected with disease, or which in the opinion of an inspector has been in direct or indirect contact with disease ·within the last preceding three months; " Infected area."-Any part of the State which the Infected: Governor in Council has, by Order in Council, area. declared to be infected with disease, and any place which has been subjected to an order of quarantine under this Act; " Insect "-Any insect which the Governor in Im:ect. C':mncil from time to time, by Order in Council, declares to be an insect within the meaning of this Act, in whatever stage of existence such insect may be ; "Inspector"-An inspector appointed under this [ nspector~ Act: the term includes an officer exercising for the time being the functions of an inspector; "Introduced,'" used with respect to any cotton Introduced. plant or any part thereof or any cotton seed or other product of any cotton plant- Brought into this State from any place out- side this State; and" Introduction" has the correlative meaning;

10496 PART I.- PRELIMINARY. s.3. COTTON. Cotton Incltlstry Act. 14 GEO. V. No. 28, :Market value of .cotton. Minister. '()ccupier. Person. Pest. .Prescribed. Ratoon ·cotton. R!1toon cotton plant. Raw cotton. 13ale. Seed cotton. This Act. Undl'r Secretary. "Market value of cotton"-Its value calculated as upon a sale with delivery on the land where such cotton is when ordered to be destroyed; .. "Ministm·"-The Secretary for Agriculture and Stock or other Minister of the Crown for the time being administering this Act; "Occupier"-The person in actual occupation of any land, or, if there i'3 no such per30n, the person entitled to the possession thereof; "Person" includes any partnership or firm, and any body of persons corporate or unincor- porate; " Pest "-Any plant, insect, or fungus which the Governor in Council from time to time, by Order in Council, declares to be a pest within the meaning of this Act; " Prescribed "-Prescribed hy this Act; "Rato)n cotton"-Cotton obtained from the second or any subsequent growth made by cotton plant'3, whether such plants have borne a crop or have been in any way cut down or burnt or destroyed or eaten by stock: the term includes tree cotton or any perennial cotton; "Ratoon cotton plant "-Any cotton plant which remains under cultivation for a period exceeding the growing season in which it was sown; "Raw cotton"-Cotton after it has been ginned; " Sale" includes barter and exchange; and "Sell" has the correlative meaning; " Seed cotton"-Cotton in the seed obtained from the annual planting of the seed; "This Act"-This Act and all Orders in Council and regulations and orders, demands, and authorities issued, made, and given there- under; " Under Secretary"-The Under Secretary to the Department of Agriculture and Stock.

1923. co'rTON. Cotton Ind1lstry Act. ss. 4-6. 104:97 PART 1.- PRELIMINARY. A drninistration. 4. The Governor in Council may from time to time Inspectors appoint inspectors and such other officers as are deemed and officers. necessary for the effectual execution of this Act. No such inspector or other officer shall be directly 'or indirectly a grower or an owner of cotton, or a dealer in cotton, or act as agent of a grower or owner of cotton or of a dealer in cotton. 5. The Governor in Council may from time to time, Districts. .by Order in Council- (a) Constitute any part of the State a District for the purpOEeS of this Act; (b) Alter the boundaries of any such District; (c) Abolish any such District. PART n.-ACQUIREMENT OF COTTON, &c. 6. (1.) During the period proclaimed by PART II.- ACQUIRE~ IENT OF COTTON, &c. the Pow~ r to -Governor in Council as the period for or during which caCotqtUonlre. the Crown guarantees a price for seed cotton, the Governor in Council may, by Order in Council, from time to time acquire for the Crown the whole or, in his discretion, any part of any cotton grown within the State. Forthwith upon the publication of any such Order in the Gazette, all the title and property of the owners of the cotton referred to in such Order shall be divested from such owners, and shall be vested in His Majesty absolutely free from any mortgage, charge, lien, or ,other encumbrance thereon whatsoever, and all the title and property of such owners shall be changed into a right to receive payment of the value of the cotton in the manner and to the extent to be determined and declared under and pursuant to this Act; and all and every such ,owners, their agents, managers, attorneys, servants, and workmen, shall without a.ny delay, hindrance, obstruc- tion, claim, demand, or objection whatsoever give immediate and peaceable possession of such cotton to the person authorised by the Minister to demand and take delivery and possession of the SELme. (2.) The production of any document or telegram purporting to be a demand or an authority to demand any such cotton and to be Eigned or sent by the Minister

10498 s. 6. COTTON. PART !I.- ACQUIREMENT OF COTTON, &c. ----------------- Cotton Ind11stry Act. 14 GEO. V. No. 28, or the Under Secretary shall be sufficient authority for the delivery of possession of the cotton to which such document or telegram relates. (3.) All cotton referred to or claimed to be referred to in any such document or telegram may without any warrant other than this Act be seized and taken possesflion of by any State officer, and such officer with any neces- sary assistance may, for the purposes of such seizure and taking possession or of making any such demand, enter any place at any time. (4.) All persons whosoever, including the owners~ consignors, consignees, bailees, shippers, vendors, and purchasers of any such cotton, and their and each of their agents, attorneys, servants, and workmen, are hereby prohibited from selling, offering for sale, disposing of, forwarding, consigning, shipping, exporting, deliver- ing, removing, or in any manner whatsoever dealing with any such cotton except on1y in pursuance of and under direction and order of the Minister. (5.) Every contract, agreement, security, mandate, authority, order, or direction, whether oral or in writing, and whether express or implied, which is in any way whatsoever contrary to any such Order or which pre- judices or which may have the effect of prejudicing His Majesty in the full and unrestricted use, control, and disposal of any such cotton, and whether made,entered into, given, or executed before or after the date of the Order acquiring such cotton, shall be void and of no effect whatsoever. Penalty. (6.) Any person who- (a) Refuses to deliver, or delays or obstructs or hinders the delivery of, cotton mentioned or c1aimed to be mentioned in any demand or authority under any such Order; or (b) Does any act or makes any omission contrary to the prohibition in subsection four of this section, or knowingly enters into, gives, carries out, or acts under any contract, agreement., security, mandate, authority, order, or direction in subsection five of this section mentioned; shall be liable to a penalty not exceeding one thousand pounds, or in default of payment to be imprisoned for

COTTON. ss. 7, 8. 10499 192'3. Cotton Ind,tlstry Act. PART II.- ACquIREMENT OF COTTON, &0. any period not exceeding 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, shall each of them be liable to the like punishment. 7. (1.) The prices of cotton acquired by the Crown Payment of under this Act shall be fixed by the Governor in prict', Council and may be different, having regard to different qualities or to market conditions, or to localities of delivery, or to circumstances or conditions of production, or to any other fact or circumstance which the Governor in Council thinks it proper to take into consider.ation ; and the prices so fixed and no other prices shall be payable to the late owners respecti.vely concerned, but shall not be less than the price guaranteed by the Government during the period aforesaid as may be prescribed by the regulations. (2.) In the event of any doubt or d:spute as to the person legally entitled to receive any moneys, being the price of cotton acquired under this Act, the Minister may pay the same into the Supreme Court to abide the orders of that Court. (3.) The receipt given by any person to the Minister for any moneys so paid shall be a sufficient discharge to the Government in respect of the liability to make pay- ment therefor; but nothing herein shall prejudice or affect the right of any person claiming to be entitled to receive any such money to recover the same from the person to whom the Minister has paid the same. (4.) Without prejudice to any other remedy which the Minister may have, there may in his discretion be deducted, from the amount of any moneys which would otherwise be payable to the late owner of any such cotton as the price thereof, any expenses which the Minister has incurred by reason of any failure to gi.ve immediate and peaceable possession of the same to him. 8. No action, claim, or demand whatsoever shall lie, No remedy or be made or allowed by or in favour of any person e~ ~ ept ~ or whomsoever, against His Majesty or the Minister, or the ~ o; ~ l~ ditr. Under Secretary, or any officer or person acting in the execution of any Order in Council made or purporting to be made under this Act, or of this Act, for or in

]0500 ss. 9, 10. COTTON. PART !I.- ACQUIREMENT OF COTTON, &0. Cotton Inclllsh'Y Act. 14 GEO. V. No. 28. respect of any damage or loss or injury sustained or alleged to be sustained by reason of the making of any such Order or the passing of this Act, or of the operation thereof, or of anything done or purporting to be done thereunder, save only for or in respect of the price as ascertained under this Act of any cotton acquired by His Majesty thereunder. Advances on 9. (1.) The Minister may make advances to growers apcriccoeuonft of on account of the purchase price of cotton acquired cotton. by His Maj esty under this Act- Not exceeding an amount equal to five pence and one half penny a pound for cotton of good quality and length of staple as prescribed by the regulations and a less amount for cotton of good quality of a less length of staple as prescribed by the regulations, delivered as prescribed by the Minister during the year ending the thirty-first day of July one thousand nine hundred and twenty-four; and Such sum per pound as he may think fit, but not exceeding five pence and one half penny a pound for cotton delivered at an authorised factory during the years ending respectively the thirty-first day of July one thousand nine hundred and twenty-five and the thirty-first day of July one thousand nine hundred and twenty-six: Provided that no such advance shall be made to any grower for cotton grown by such grower in respect of any area or areas exceeding fifty acres in all. (2.) It shall be unlawful for any person to claim such an advance in the name of any person other than that of the actual grower. Ginning 10. (1.) No cotton acquired by His Majesty under ctlo. '3ttqounir.ed & . this Act shall be ginned at any place other than an authorised factory. (2.) The Minister may in his discretion permit a grower, who is also a manufacturer of cotton piece goods in Australia, to have the cotton grown by him, and which is not acquired by His Majesty, ginned at his expense at an authorised factory, and the raw cotton resulting shall be returned to such grower.

COTTON. ss. 11-13.· l05Gl ]923. Cotton Industry Act. PART IL- ACQUIREMENT OF COTTON, &c. This concession shall not apply to cotton grown under a share-farming agreement. (3.) No person, unless under the authority of the Minister, shall establish a ginning plant in any District during the currency of any agreement made by the Gove:nment with any association or company for the purpose of the ginning, treatment, grading, preparation, or manufacture of cotton. 11. The Minister may, on behalf of the Government, Disposal of cause cotton acquired by His Majesty under this Act to cotton. be ginned, graded, treated, prepared, or manufactured as may be necessary and thereafter to be sold or disposed of, at such times, at such prices, and on such terms as to payment or otherwise as may be thought fit. For this purpose the Minister is hereby authorised to enter into any agreement or engagement with any person, and may in his discretion require such person to execute a bond for the proper observance of such agreement. 12. The Minister shall sell to the best advantage at Return to a price to be determined by public tender or by auction grower of a 11 cotton acqUI.red by H' IS l M ' aJ.esty under t hI' S Act, and aexdcveasnscoevaenr d with respect to all such cotton on which an advance expenses under this Act has been made to the grower, if the proceeds of such sale exceed (after deducting the cost of ginning and marketing and other incidental expen.ses) the amount of such advance, shall pay the amount of such excess to the grower. For this purpose the certificate of the Under Secreta-'y as to the amount of any such excess shall be conclusive evidence and shall not be questioned. The Minister may appoint an agent or agents for :selling cotton acquired by His Majesty. 13. After the date of the passing of this Act- Ratoon (a) No ratoon cotton plants shall be grown , ' tcootbtoengrnoowt n, (b ) No person shall send ratoon cotton to an &c. authorised factory ; (c) Nto. hepeSrtsao t ne sehxaclelpg t r f oowr aconmy mcoetrtcoI . na I pplaunrptsoswesi.thin ocPonrottchoainsb.uitailon Any person who contravenes any of the provisions of Penalty. this section shall be liable to a. penalty not exceeding fifty pounds.

10502 PART 1'II.- PREVENTION OF DISEASE. SS. 14-18. COTTON. Cotton Ind11stry Act. 14 GEO. V. No. 28, PART lIl.-PREVENTION OF DISEASE. Powers in 14. The Governor in Council may from time to time,. aid of Act. by Order in Council, declarE,~ Disease, &c. (i.) Any disease affecting cotton plants, cotton~ or cotton seed to be a disease, or any fungus or vegetable parasite to be a fungus, or any insect to be an insect, respectively, within the meaning of this Act; Pests. (ii.) Any plant, fungus, or insect to be a pest in any district, and that such pest sha.ll be dealt with as prescribed; Infected areas. ( ~ ii. ) Any part of Queensland to be an infected area, with such boundaries as he thinks necessary, and place such area in quarantine. Such infected area shall remain in quaran'"' tine until released therefrom by an order of the Minister; Inspection on introd ~lctiQn of cotton plants, &c. (iv.) Require the inspection and disinfection of introduced cotton plants, cotton, or cotton seed as and when prescribed; and direct that if any such articles are infected the same shall be dealt with under this Act. Prevention 15. No person shall introduce or cause to be of pests. introduced into Queensland any fungus, insect, plant, or vegetable harmful to the cotton plant or contrary to this Act. Notice of disease. 16. Every grower who observes any disease in growing cotton or any affection in growing cotton which is likely to be detrimental thereto shall, before the expiration of one week from the time of his discovoring the fact, give notice thereof to the Under Secretary. Quarantine. 17. An inspector, on being satisfied that any area is or is suspected to be infected, shall define the boundaries of the area in question, and place it in quarantine by giving written notice to the owner either personally or by registered letter. Such quarantine shall continue until such area has been released therefrom by an order of the Minister. Removal of 18. Any person who removes, or causes to beremoved~ f; ~ : : , ts, &c., or assists or in any way is concerned in removing any infected area cotton plants, cotton, or cotton seed beyond an infected prohibited. area, unless authorised by the Minister, shall be liable to a.

1923. COTTON. Cotton Indttstry Act. ss. 19-23. 10503 PART I'II.-"" PREVENTION OF DISI!!ASE. penalty not exceeding one hundred pounds, or, at the discretion of the adjudicating court, to be imprisoned for any period not exceeding six months. 19. The Minister may, if satisfied that any cotton Destruction plants, cotton, or cotton seed are or is diseased or other- &c., of area' wise affected so as to constitute or be likely to constitute : ~ ~ r~ ~ . a danger to growing cotton crops, order the destruction of all cotton crops in the area so affected 'or prescribe other treatment thereof as he may think fit. 20. No person shall sow cotton seed w4ich is not Cotton seed. seed distributed by the Department of Agriculture and Stock or by a person expressly authorised by the Minister: Provided that the Minister or any inspector may authorif:e a grower to sow seed obtained from selected cotton plants grown by him, but such seed shall not be sold or disposed of to any other person. Any person so doing shall be liable to a penalty not exceeding five hundred pounds. 21. All cotton plants and debris of cotton plants, Destruction whether on any land or at any ginnery, shall be destroyedof mature within six weeks following the thirty-first day of Julyplants. in every year, and any person upon whose land such cotton plant or debris is found after that date shall be guilty of an offence against this Act. An inspector may enter upon any land upon which mature cotton plants are growing after the thirtieth day of September in any year, and cause them to be destroyed. 22.- Infected (a) Every pest and all infected cotton planbs, plants, &c. cotton, or cotton seed introduced into s ~ eI y ze be Queensland contrary to this Act; and (b) Every package harbouring, infested by, or containing any such pest, plant, cotton, or seed, may forthwith be seized by or on the order of the Minister 9rany inspector, and shall be dealt with, whether by the destruction thereof or otherwise, as the Minister or such inspector may direct. 23. An inspector may at any time, with or without Powers of assistants-' inspector. (i.) Without notice enter upon any land, place, ship, vessel, or vehicle to inspect cotton plants, cotton, or cotton seed, or any

10504 PART 1'11.- PREVENTION OF DISEASE, ss. 24-26. CO'fTON. Cotton Industry Act. 14 GEO. V. No. 28,. package suspected to contain or harbour or be infested by any infected cotton plants,. cotton, or cotton seed, or any pest, or to carry out any order of the Minister or of an inspector (whether made by himself or any other inspector) if the owner has refused or neglected so to do ; (ii.) Examine and order to be treated any infected plant, cotton, cotton seed, or package; (iii.) Quarantine any area by notice to the owner or occupier; (iv.) Order the destruction of intected cotton plants, cotton, or cotton seed. Occupier or 24. (1.) When any inspector finds upon any land obwe noerdr emready any cotton plant which is infected, he may, in addition to eradicate to or without placing such land in quarantine, issue an disea~ e. order to the occupier, or if there is no occupier, then to the owner of such land, directing him to take, within a time after the service of such order to be therein stated, all such measures for the eradication of such disease- therein as are in his opinion necessary, and are set forth in such order, or as are prescribed for the treatment of such disease. . (2.) And when, in the opinion of the inspector, such disease cannot be eradicated otherwise than by the- destruction of the plant~, and also when it is in his opinion necessary for the prevention of the spread of any disease· that any plants which are not affected thereby should be- destroyed, he shall report the fact to the Minister, who may thereupon issue an order to the occupier, or if there is no occupier then to the owner of the landwhereon such plants are, directing him to destroy such plants within a. time after the service of such order to be therein stated~ and in such manner as is thereby directed or as is. prescribed. Dealing with 25. When any inspector finds upon any land any pests. pest he shall issue an order to the occupier, or if there is. no occupier then to the owner of such land, directing him~ within a time to be stated in such order, to destroy such pest. When 26. If any such owner or occupier fails to comply. imnaspyetcatko<r3s with the direction contained in any order of an inspector measures to or the Minister served upon him, he may, on the com- deirsaedaiscea. te plaint of an inspector, be summoned to appear before- any court of petty sessions to show cause why such order

1923. co'rTON. Cotton Industry Act. ss. 27, 28. 10505 PART I'II.- PREVENTION OF DISEASE. should not be enforced, and if, on the hearing of such complaint, the defendant fails to show cause satisfactory to the court for such default, the court may authorise any inspector, with or without assistants, to enter upon such land at all reasonable times and to take such measures for the eradication of such disease or the destruction of such cotton plants, cotton, cotton seed. or pest as may be necessary for the enforcement of such order. 27. No proceedings shall, unless the Minister other- Occupier t!\ wi.s~ directs, be ta~ en against. any owner of lan~ for ~ ~ o~ ~ : ~ c. i faIlmg to comply wIth any notICe or order to eradlCateagainst. disease from or destroy pests upon such land until the provisions of this Act have been enforced against the occupier, if any, of such land where such disease or pests has or have been found. 28. (1.) Save as is hereinafter expressly provided, As to no person shall be entitled to receive any compen- ~ ~ r: : : ensa. sation whatsoever in consequence of any measures law- fully taken for the eradication of any disease, or the destruction of any pest or any infected cotton plant, or cotton or cotton seed, or in respect of any loss or injury that may result to him therefrom either directly or indirectly. (2.) Provided that the Minister may in his discretion C:ompensa. allow compensation for such area of cotton plants ~ ~ ~ ~ a~ ~ cases. not diseased or affected with disease but which it is necessary to destroy in order to secure the safety of cotton plants in the vicinity as he thinks just. Such compeJ?-sation shall in no case exceed the amount of the advance that would have been made, if any, under this Act. After the thirty-first day of July one thousand nine hundred and twenty-six such compensation, unless an advance has been made, shall not exceed two-thirds ,)f the market value of the crop on such area: Provided further that where any infected cotton plants or infected cotton have or has been destroyed pursuant to an order made under this Act, the Minister may in his discretion allow such compensation in respect of such plants or cotton so destroyed as he thinks just, but in no case exceeding two-thirds of the value of such plants or cotton. Such compensation shall be deemed to be an expense under this Act.

10506 ss. 29-32. COTTON. Cotton Industry Act. 4- 14 GEO. V. No. 28, PART IV.- MISCEL- LANEOUS. PART lV.-MISCELLANEOUS. Annual notice of planting. 29. All persons who plant seed cotton shall, not later than the first day of March next following, notify the Under Secretary of the date of such planting, the area sown and to be harvested, and the variety of the seed cotton planted. Restriction 30. It shall not be lawful to use for any purpose - w on ax use of any wax matches in any cotton field or on the premises matches. of any ginning factory. Any person who contravenes this provision shall be liable to a penalty not exceeding twenty pounds. Recovery of 31. The amount of any costs, charges, and expenses costs, d incurred by any inspector in or about taking any measures ~~ ~ ~~~ ~s. an for the execution of this Act shall, in addition to or in lieu of any proceedings for the recovery of a penalty, be recoverable from the occupier, or, if the Minister so directs, from the owner of the land concerned, bv complaint in a summary way or by action in any court of competent jurisdiction, and, until paid, shall be and remain a first charge upon such land and payable by the owner thereof for the time being: Provided that an unsatisfied judgment or order for the recovery of any such costs, charges, or expenses shall not be a bar to the recovery thereof from any other person liable to the payment thereof. Notice, &c., 32. If there is no occupier of any land and the if no . owner thereof is absent from the State, service of any oOwIlCnU; IrHer and document under t hI' S, Act may be madeby ed l' Ivery unknown. thereof to the recognised agent (if any) of such owner in Queensland. If there is no such recognised agent of the owner, or if the owner is unknown, service of any such document may be made by affixing the same in some conspicuous place upon such land, and by the publication of a copy thereof in some newspaper circulating in the neighbourhood thereof. It shall not be necessary to specify in any such document the name of any person as the owner of any land the owner of which is unknown.

1923. COTTON. Cotton Industry Act. ss. 33, 34. 10507 PART IV.- MISCEL· LANEOUB. The court may, if satisfied that there is no occupier of such land and that the owner thereof is absent from Queensland or is unknown, proceed to hear and adjudicate upon any complaint ex parte, and in such case the expenses of any such proceeding ordered to be paid by the defendant shall, until paid, be and remain a first charge on such land and payable by the oW'ner thereof for the time being. ~ 3. (1.) No inspector, ~ nd no person acting under Immunity of the dIrectIOn or order of an Inspector, shall be deemed to inspectors be a trespasser by reason of any entry or destruction and others. under or purporting to be under this Act, or be liable for any damages occasioned by carrying out of this Act or purporting so to be, unless the same were occasioned maliciously and without reasonable or probable cause. (2.) No action shall be brought against any person Limitation acting in the execution of this Act for anything done of actions. or purporting to be done thereunder unless the same is commenced within four months a.fter the act complained of has been committed. 34. (1.) Every person shall be guilty of an offence Offences. against this Act who- (a) In any manner obstructs or impedes any person in the execution of any of the powers conferred by this Act; or (b) Disobeys or neglects to comply with this Act or any order given in pursuance thereof. (2.) If any person is guilty of an offence against Penalty. this Act for which no other penalty is provided he shall be liable to a penalty not exceeding fifty pounds. (3.) All penalties incurred for any offence against Recovery of this Act may be recovered in a summary way under penalties. *" The Justices Acts, 1886 to 1909," on the complaint of any inspector or other person authorised by the Minister. In every case where a conviction is obtained the adjudica.ting court may adjudge the defendant. to pay to the prosecutor all proper expenses of the prosecution, and may in its discretion order the forfeiture of all or any part of any cotton or cotton seed with respect to which the offence was committed, or of the value thereof. " 50 Vic. No. 17 and Amending Acts, supra, pages 1132 et Beq. E

10508 PART IV.- MISCEL· LANEOUS. ss. 35-37. COTTON. Cotton Industry Act. 14 GEO. V. No. 28, Evidence. 35. In any proceeding under or for the purposes of this Act- (a) The production of any order purporting to be signed by the Minister or by the Under Secre- tary or by any inspector, or of any certified copy thereof, shall, in the absence of proof to the contrary, be sufficient evidence of the due making of such order, and that it was duly signed by the person by whom it purported to be signed ; (b) Any direction or other document in writing purporting to be signed by the Minister or the Under Secretary, and any telegram purporting to be a demand or authoritv under this Act or any Order in Council ma<de under this Act, shall be judicially noticed; (c) The averment on behalf of His Majesty in any information, complaint, pleading, summons, or writ, that any cotton plant, cotton seed, or cotton \vas or is cotton plant, cotton seed, or cotton subject to this Act, or that any cotton was or is cotton mentioned in any demand or authority made under any Order in Council made under this Act, or that any place is a place in Queensland and is a place within the meaning of this Act, shall be sufficient evidence of the fact. Returns of cotton. 36. Any Order in Council under this Act may order that all persons having or having had in their possession or control any cotton crop, plants, or seed, or any quantity of cotton shall furnish to the Minister returns with respect to such crop, plants, seed, or cotton, or the production or treatment thereof, within such time and at such intervals and in such form as may be therein prescribed. Any such order may be of a general nature or a particular order directed to anyone person or class of persons. Orders in Council. 37. (1.) The Governor in Council may from time to time make and publish in the Gazette all such Orders in Council as he thinks fit for giving full effect to this Act, and may in any such Order impose a penalty not exceed- ing one hundred pounds for any contravention thereof.

1923. COTTON. Cotton Industry Act. S.38. 10509 PABTIV.- MISCEL- LANEOUS. (2.) Every such Order shall be read as one with this Act and construed as being of equal validity, and shall be judicially noticed. 38. The Governor in Council may from time to Regulations time make all such regulations as he deems necessary for carrying out this Act; without limiting the generality of this provision, regulations may be made for all or any of the following purposes, namely:- (1) The registration of growers of cotton; (2) Guaranteeing a price for seed cotton during a period fixed by proclamation; (3) Determining the quality of cotton upon which advances may be made; (4) The method of payment of advances to growers; (5) The conditions under which cotton shall be delivered at an authorised factory; (6) Classification and grading of seed cotton or raw cotton; (7) Prescribing the methods of cultivating land and of planting seed cotton; securing the efficient inspection of land on which cotton is grown; (8) Prevention of loss or injury by fire in the field or in any factory; (9) Destruction of cotton plants after the crop has been harvested ; (10) Securing the detention and examination of cotton plants, cotton, and cotton seeds which are infected, and of packages which are suspected to contain infected plants, cotton, cotton£eed, or pe&ts or to harbour or to be infested by pests; (11) Securing the effectual treatment of infected plants or seed and the effectual destruction of pests; (12) Method of treatment, by fumigation or other treatment, of cotton plants, cotton, or cotton seed; (13) Conditions under which a quarantine of an area or district are to be observed; (14) Defining the qualifications and duties of inspectors under this Act ;

10510 PARTIV. ~ MISCEL- LANEOUS. s.39. COTTON. Cotton Industry Act. 14 GEO. V. No. 28, 1923. (15) Prescribing penalties not exceeding fifty pounds for the breach of any regulations. All such regulations shall be published in the Gazette, and upon such publication shall be read as one with this Act and be of equal validity. Such regulations shall be laid before Parliament within fourteen days after such publication if Parliament is in session, and, if not, then within fourteen days after the commencement of the next session. If the Legislative Assembly passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of the House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. Appropria- 39. All moneys that may be required for carrying tion. this Act into full execution, and for the payment of the value of cotton acquired by His Majesty, shall be paid out of moneys to be from time to time appropriated for the purpose. DESTROYERS, PEST. See PEST DESTROYERS.