Cotton Industry Acts Amendment Act of 1926 (17 Geo v No. 8) (Qld)

COTTON. 17 GEO. V. No. 8, 1926.. Cotton Industry Acts Amendment Ad. CO-OPERATIVE ASSOCIATIONS (PRIMARY PRODUCERS). See PRIMARY PRODUCE. 11565 COTTON. An Act to Amend H The Cotton Industry Acts, 1923 17 NGoe. o 8 . . V. to 1924" in certain particulars. THE COTTON [ASSENTED TO 16TH OCTOBER, 1926.] INDAUCSTTSRY 'BE AMENDMENT it enacted by the King's Most Excellent Majesty, ACT OF 1926. 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:- 1. This Act may be cited as "The Cotton Industry Short title Acts Amendment Act of 1926," and shall be read as one and t t' with" The Cottou Industry Acts, 1923 to 1924,"* herein oons ruc lOll. collectively referred to as the Principal Act. 2. In the definition of "Infected" in section three Amendmen~ of the Principal Act, after the words "cotton plant," of s. 3. where they secondly occur, the words "or any package" are inserted. 3. Mter section thirteen of the Principal Act the following sections are inserted :- "[13A.] (1.) The Governor in Council may, by Order Pow~r to icnotCtoonunsceile, dfrpormodtuimceedtoW. tiitmhien'atchqeuiSretaftoer wthheI.CChromwanyanbyaeCctoqtUolnreseed required for planting purposes. Forthwith upon the publication of any such Order in the Gazette, all the title and property of the owners of the cotton seed 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 for the cotton seed at a price to be fixed by the Minister, not being less than the price ruling in the State during the season for cotton seed of * 14 Geo. V. No. 28 and 15 Geo. V. No. 14, 8upra, pages 10494 and 10926.

11566 Penalty. COTTON. Cotton Industry Acts Amendment Act. 17 GEO. V. No. 8, similar quality; and all and every such owners, their agents, managers, attorneys, servants, and workmen, shall without any delay, hindrance, obstruction, claim, demand, or objection whatsoever give immediate and peaceable possession of such cotton seed to the person authorised by the Minister to demand and take delivery and possession of the same. (2.) The production of any document or telegram purporting to be a demand or authority to demand any cotton seed and to be signed or sent by the Minister or the Under Secretary shall be sufficient authority for the delivery of possession of the cotton seed to which such document or telegram relates. (3.) All cotton seed referred to or claimed to be referred to in any such document or telegram may with- out any warrant other than this Act be seized and taken possession of by any State officer, and such officer with any necessary 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 seed, 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 seed except only 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 seed, and whether made, entered into, given, or executed before or after the date of the Order acquiring such cotton seed, shall be void and of no effect whatsoever. (6.) Any person who- (a) Refuses to deliver or delays or obstructs or hinders the delivery of cotton seed men- tioned or claimed to be mentioned in any demand or authority under any such Order; or

1926. COTTON. Cotton Industry Actg Amendment Act. 11567 (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 hundred pounds, or in default of payment to be imprisoned for any period not exceeding three 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. [13B.] Without limiting the generality of the prO-Pure Seed visions contained in section five of this Act, districts of Districts. the State may be constituted under that section, to be called Pure Seed Districts, and upon the constitution of any such district the following provisions shall be applicable and shall remain in force so long as such district remains a Pure Seed District :- (a) No person shall plant any cotton seed within such district save and except cotton seed approved by the Minister; and (b) Unless the Minister otherwise directs with respect to any particular cotton seed or class of cotton seed, all cotton seed produced within such district shall be deemed to be produced for the purpose of being acquired by the Crown for planting purposes under the provisions of the last preceding section; and (c) Any person who contravenes any of the provisions of this section shall be liable to a penalty not exceeding fifty pounds. [13c.] The Minister may, from time to time, enter Test plotS. into agreements or make arrangements with growers for the planting and cultivation of and the production and harvesting from test plots of different varieties of cotton for the purpose of enabling investigations to be made with respect to the most suitable varieties and the promotion of the cotton industry generally.

11568 COTTON. Cotton Industry Acts Amendment Act. 17 GEO. V. No. 8,1926. Any such agreement or arrangement may make provision for payment or other consideration to be made or given to such growers in respect of the whole or any part of the costs and expenses incurred in planting, cultivation, harvesting, and otherwise dealing with such test plots and the produce thereof." Amendment 4. The following amendments are made in section of s. 23. twenty-three of the Principal Act:- (a) In paragraph (i.), before the word "place" the words "warehouse, ginnery, building, structure," are inserted; also, after the words "to inspect" the words "cotton plants, cotton, or cotton seed" are repealed and the words " the same or any cotton plants, cotton, or cotton seed growing or being thereon or suspected so to be" are inserted in lieu thereof. (b) In paragraph (ii.), after the word "examine" the words "any cotton plant, cotton, cotton seed, or package" are inserted. Aofms.en 3 d 8 m . ent thirty 5 - . eiTghhet foofntohweinPgrianmciepnadl mAenctts: - are made in section (a) In subsection seven, after the word "grown" the words "or is to be grown" are inserted. (b) After subsection twelve the following subsection is inserted:- " (12A.) In cases where cotton seed is or may be required for planting purposes, prescribing the method of ginning the seed cotton from which such seed is to be obtained and in such case the necessary precautions to be taken at all times with respect to the cotton plant, the seed cotton, and the cotton seed, prior to and during ginning operations, in order to maintain the purity of such seed." (c) In subsection 14A, the words "or the Council of Agriculture," where they first occur, are repealed; also the words "on the recommendation of the Council of Agriculture," where those words twice occur, are repealed; also the words "seventy-five per centum" are repealed a,nd the words "sixty-six and two-thirds per centum" are inserted in lieu thereof; also in paragraph (b) the words" or the Council of Agriculture" and the words " or Council of Agriculture" and the words "or such Council "are repealed; also in paragraph (c) the words" Council of Agriculture," where those words firstly and thirdly occur, are repealed and the word " Minister" is respectively inserted in lieu thereof.