Dairy Industry (Amendment) Act 1932 (NSW)

DAIRY INDUSTRY

An Act to amend the Dairy Industry Act, 1915, in certain respects; and for purposes connected therewith. [Assented to, 21st December, 1932.] BE

(AMENDMENT) ACT.

Act No. 55, 1932.

BE i t enacted by and wi th t h e advice and consent of t he Leg i s ­

by the K i n g ' s Most Exce l len t Majes ty ,

la t ive Council and Legis la t ive Assembly of N e w Sou th

W a l e s in P a r l i a m e n t assembled, and by t h e au tho r i t y of

t h e same, as follows :—

1. (1) This Act may be cited as the " D a i r y I n d u s t r y

(Amendment ) Act, 1932."

(2) The Da i ry I n d u s t r y Act, 1915, as amended by

th is Act, m a y	be	cited	as	the	Da i ry	I n d u s t r y	Act,
1915-1932.

(3) This Act shall commence upon a day to be appoin ted by the Governor and notified by proclamat ion published in the Gazette.

2. The Da i ry I n d u s t r y Act, 1915, is amended as

fol lows:—

(a)	by omitting from section four the words "be liable to a penal ty not exceeding, where such premises a r e used pa r t l y or wholly for the pur­ pose of making marga r ine , one hundred pounds , and in any other case five p o u n d s " and by inser t ­ ing in lieu thereof the words " b e gui l ty of an offence agains t this Act and shall be liable to a penal ty not exceeding twenty pounds and in addi t ion to a penal ty not exceeding two pounds for every day du r ing which the offence shall be c o n t i n u e d " ;
(b)	by inserting in subsection two of section five af ter the word " u s e " the words " a n d tha t the
prescr ibed conditions a re complied w i t h " ;
(c) by inser t ing a t the end of section ten the follow­
ing	w o r d s : —

Any person who fails to comply with any order given under this section shall be guil ty of a contravent ion of this section.

(d)	by omitting section seventeen and by inserting in lieu thereof the following section:—
17. Notwi ths tanding any th ing to the	cont rary

in any other Act, any person who—

(a) manufactures margarine on any premises where bu t te r is manufac tured o r within one hundred y a r d s of any such p remises ; or

(b)

(b)	keeps any butter, butter fat or cream or any milk containing more than the pre­ scribed percentage of bu t te r fa t on any premises where marga r ine is manufac­
t u r e d ; or
(c)	uses bu t t e r or bu t te r fa t or any substance which contains more t han the prescr ibed percentage of bu t te r fat in the manufac­
tu re of marga r ine ,

shall be guil ty of an offence agains t this Act and shall be liable to a penal ty not exceeding two hundred pounds.

(e) by omitting section eighteen and by inserting in lieu thereof the following sect ion:—

18. Any person who uses the word " b u t t e r "

(e i ther alone or in conjunction with any other word or words) in connection with any p repa ra ­ t ion for h u m a n consumption or who uses any device or means calculated to induce any person purchas ing such p repa ra t i on to believe t ha t the same is but ter , or sells or in any manner passes off or a t t empts to pass off such p repa ra t i on as

bu t te r shall, unless—

(a) such p repa ra t i on complies wi th the p re ­

scribed s t a n d a r d for b u t t e r ; or

(b)	the approval of the Minister is obtained for the use of the word " bu t te r " in con­
nection with such p repa ra t ion ,

be gui l ty of an offence agains t this Act and shall be liable upon summary conviction to a pena l ty

not exceeding two hundred pounds .

(f)	by omitting from section twenty-two the words
" b u t t e r , milk, and c r e a m " and by inser t ing in
lieu thereof the words " o i l , milk, a n d o ther

subs t ances . "

P R E V E N T I O N