Dairy Industry Act Amendment Act 1939 (WA)

No. 27.] Dairy Industry. [1939.

DAIRY INDUSTRY.

3° and 4° Gno. VI., No. XXVII.

No. 27 of 1939.

AN ACT to amend the Dairy Industry Aet, 1922-1936.

[Assented to 16th December, 1939.]

RE 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 Western

Australia, in this present Parliament assembled, and by

the authority of the same, as follows:—

Short title.	1. This Act may be cited as the Dairy Industry Act Amendment Act, 1939, and shall be read as one with the Dairy Industry Act, 1922-1936 (No. 37 of 1922 as re- printed in the Appendix to the Sessional Volume of the Statutes for the year 1.936), hereinafter referred to as the principal Act.
A in eat/meet
-of s. 2.

2. Section two of the principal Act is amended as

follows:—

(a) by inserting after the definition of "Dairy pro-

duce factory" a new definition as follows:

"Dairy Produce Improvement Fund" means the Dairy Produce Improvement Fund established by this Act;

(b) by inserting after the definition of "Prescribed"

a new definition as follows:—

"Special dairy instructor" means a special dairy instructor appointed by the Min- ister under and for the purposes of the provisions of this Act relating to dairy produce improvement.

1939.] Dairy Industry. [No. 27.

3. A section is inserted in the principal Act after sec- New section.

lion two as follows:-

2A. (1) From and after the commencement of	Restriction on
erection of

this section no person shall erect or cause to be	premises to be
used as a
erected, or utilise or cause to be utilised any build-	dairy produce
factory.
ing or premises -for the purposes of a dairy produce	cf. QM. 10 ;
factory or store or depot unless and until the con-	Geo. V. No.15, as
amended by
sent of the Governor shall be first had and obtained.	26 Geo. V., No. 25, 5.
Provided that-	27A.

(i)    this section shall not apply to any building or premises which at the time of the com- mencement of this section are already regis- tered as a dairy produce factory, store, or depot; and

(ii)     the consent of the Governor shall not be neces- sary in respect of the utilisation of a dairy -for the manufacture of dairy produce, where such dairy produce is manufactured solely from the milk produced in such dairy, if the utilisation of such dairy as aforesaid is approved by the Minister.

Any person acting in contravention of this section shall be guilty of an offence.

(2)

Penalty: One hundred pounds.

The Governor may grant or refuse any con- -sent applied for under tins section, and, when he ;grants his consent, he may do so unconditionally or upon and subject to such conditions as he may think

(3)

(4)

Applications for consent under this section shall be made as prescribed by the regulations.

4. Section five of the principal Act is amended by Amendment

deleting therefrom subsection (2) and inserting in lieu	of s. 5.
thereof a subsection as follows :—

(2) (a) Upon such application being so made, and upon the inspector being satisfied that the premises are fit for such use, on payment of a prescribed fee not to exceed one pound, the premises shall be regis- tered and a certificate of registration shall be issued -to the applicant, which shall be evidence of regis- tration -under this Act. Registration.

No. 27.] Dairy Industry. [1939-

Provided that such registration may be cancelled at any time in the manner prescribed, upon any one of the following grounds:—

(i)    If the manager or the owner or the occupier or any other person employed in the regis- tered premises is after the commencement of this section convicted of three or more offences against this Act or the regulations relating to the mixing, treatment, testing,. grading, or weighing of, or to payment for, milk, cream, or butter fat.

(ii)    When, in the case of a dairy produce factory in which butter is manufactured, the Min- ister is satisfied that in respect of any period of twelve months the owner has manufactured butter of which more than the prescribed proportion is non-choicest when manufactured from cream graded. choicest; or

(iii)    When, in the case of a dairy produce factory in which cheese is manufactured, the Min- ister is satisfied that in respect of any period of twelve months the owner has manufactured cheese of which more than the prescribed proportion is non-choicest cheese from milk graded as the highest quality.

(b) In this subsection "non-choicest butter" and "non-choicest cheese" mean respectively butter and cheese which, in the opinion of the inspecting officer are of a grade lower than the highest grade pre- scribed therefor.

Amendment	5. Section eleven of the principal Act is amended as
of 6. 11.

follows :-

(a) by adding at the end of the first proviso to sub- section (1) the words "and the net balance then remaining shall be paid to the supplier entitled thereto at the close of the annual accounting period; as fixed under section fifteen of this Act, in which such excess accrued, and not later than three months after the close of such accounting period";

1939.1 Dairy Industry. [No. 27.

(b) by adding after subsection (3) a new subsection

as follows :—

(4) Where the manager of a dairy produce factory or any other person fails or neglects to make payment for any milk or cream supplied to such dairy produce factory strictly in accord- ance with the provisions of subsection (1) of this section, he shall be guilty of an offence against this Act.

Penalty: One hundred pounds.

6.    A new section is inserted in the principal Act New section.

after section eleven, as follows:—

11A. From and after the commencement of this section, every person who desires to supply cream

Supply of

cream to fac-

tory.

to a dairy produce factory shall select the particu- lar dairy produce factory to which he will supply cream, and thereafter he shall not transfer the sup- ply of his cream from the factory which he has selected as aforesaid, and to which he has com- menced to supply cream, to any other dairy produce factory until after the expiration of twenty-eight ,days' notice in writing of his intention so to do given by him to the manager of the factory from which he intends to transfer the supply of cream. In any -notice given in accordance with this section, the sup- plier giving the same shall state therein the name and address of the dairy produce factory to which lie intends to transfer the supply of cream.

Provided that no person shall be guilty of any ,contravention of this section, if he satisfies the court that the transfer of Ins supply of cream or any por- tion thereof was made necessary by stress of weather er other circumstances beyond his control.

Provided also, that any person who at the com-

mencement of this section is supplying his cream to

more than one dairy product factory may continue

to supply his cream to any two of such factories.

7.    Section eighteen of the principal Act is repealed ,/,,fmaendr8e!it

and a new section is inserted in lieu thereof as follows:— repeal ana lieu, section.

18. Margarine manufactured or sold within this Margarine not to contain

State shall not contain any butter fat.	any butter
fut.

No. 27.] Dairy Industry. [1939-

New sections. 8. New sections are inserted in the principal Act after

section twenty-four as follows:-

Dairy Pro-

duce Im-	24A. (1) For the purposes of this Act there shall be established a special fund, to be administered by the Under Secretary for Agriculture, under the- supervision of the. Minister, through a separate trust account, and to be known as the Dairy Pro- duce Improvement Fund.
provement
Fund.

(2)

The said fund shall consist of contributions to be made by managers of registered dairy pro- duce factories as in this Act hereinafter provided for and to be received by the Under Secretary for Agriculture from such managers, and of any other moneys which may be appropriated by Parliament to the purposes of such fund. All such contribu- tions and moneys on the receipt thereof by the Under Secretary for Agriculture shall be placed to the credit of the said fund.

(3) The moneys in the said fund shall be de- posited in the name of the fund at the Treasury and, subject to this Act, shall be operated on by the Under Secretary for Agriculture.

Subject in every ease to the approval in writ- ing of .11w Minister, the moneys in the said fund may be used for either or both of the following pur- poses, namely:

(4)

(a)	the payment of salary, wages, fees, or other remuneration and the expenses of special dairy instructors appointed for the purposes of this Act; and
(b)	the adoption, conduct, and carrying out of measures appropriate to the provision of information and advice to suppliers of cream regarding faults in cream and the proper methods for improving the quality of cream, and the provision of information to manufacturers regarding the correct grading, testing, weighing, and handling of cream in factories.

Contribu-	24B. (1) The manager of every dairy produce
Produce Im-

tions to Dairy

provement	factory shall be liable to contribute to the Dairy
Fund.	Produce Improvement Fund in respect of all milk

1939.1 Dairy hzdustry. [No. 27.

or cream supplied to such factory for manufacture

into dairy produce.

(2) The amount of the contribution shall be assessed in relation to the amount of money payable from time to time to suppliers of milk or cream, at a rate to be declared from time to time by the Gov- ernor, on the recommendation of the Minister. Pro- vided that-

(i)    such rate of contribution shall not in any event exceed one penny in the money pound; and

(ii)     the liability to contribute to the said fund shall cease whenever and during such period as the moneys in the said fund, after allowing for outstanding commitments, exceed the sum of one thousand pounds.

(3) Such contribution shall, within the meaning and intent and for the purposes of section eleven of this Act, be a charge to be stated and levied by the -manager of a factory for the manufacture of dairy produce.

(4) When the manager of a dairy produce fac- tory has deducted contributions, in accordance with section eleven of this Act and with this section, out of moneys payable by him to suppliers, he shall place the contributions so deducted to the credit of a special account, and thereafter shall pay the same to the Under Secretary for Agriculture at the times -and in the manner prescribed.

(5) The amount of all contributions deducted by the manager of a dairy produce factory as afore- said shall, until paid by him to the Under Secretary for Agriculture, be a debt owing by such manager to the said Under Secretary for Agriculture, and, subject to the regulations, shall be recoverable at the suit of the said Under Secretary for Agriculture from the said manager in any court of competent jurisdiction.

(6) Any manager of a dairy produce factory who

fails or neglects to deduct contributions from moneys

payable by him for milk or cream supplied in accord-

No. 271 Dairy Industry. [1939-

ance with this section, and any manager of a dairy produce factory who, having deducted contributions. from moneys payable by him for milk or cream sup- plied, fails or neglects or refuses without reason- able excuse to pay such contributions to the Under Secretary for Agriculture at the time or in the man- ner prescribed, shall be guilty of an offence against this A et.

Penalty : One hundred pounds.

(7) If at any time the manager of a dairy pro-- duce factory discovers that the amount of any con- tribution paid by him to the Under Secretary for Agriculture for the credit of the said Dairy Pro- duce Improvement Fund is in excess of the amount of the contribution which under this section such manager was liable to pay when he paid such contri- bution to the Under Secretary for Agriculture, such excess sum may remain in the said fund to the credit of such manager against future contributions which may become payable by him or shall be refunded to- him by the Under Secretary for Agriculture out of moneys in the said fund, as the manager may elect_

Dairy produce

improvement	240. (1) The Minister may appoint such com- (2) Such special dairy instructors may be appointed for such periods, at such rate of remunera- tion, and subject to such conditions as the Minister may determine.
instructors
may be ap-	petent persons as he may think fit to be special dairy
pointed.	instructors for the purposes of this Act.
Duties of
such	(3) Special dairy instructors appointed for the purposes of this Act shall have such rights, powers, and authorities and shall perform and carry out such duties as may be prescribed by regulations under this Act.
instructors.
Citation of

principal Act 9. The principal Act as amended by this Act may be

as amended. cited as the Dairy Industry Act, 1922-1939.