Dairy Industry (Amendment) Act 1940 (NSW)

to, 11th November, 1940.] BE

DAIRY INDUSTRY (AMENDMENT) ACT.

Act No. 31, 1940.

An Act to make further provision for regulating the manufacture or preparation of mar- garine; to amend the Dairy Industry Act, 1915-1938, in certain respects; and for purposes connected therewith. [Assented

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis­	Wales in Parliament assembled, and by the authority of
the same, as follows :—

1 . (1) This Act may be cited as the "Dairy Industry

(Amendment) Act, 1940."
(2) The Dairy Industry Act, 1915-1938, as amended by this Act, may be cited as the Dairy Industry Act, 1915-1940.
(3) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

2 . The Dairy Industry Act, 1915-1938, is amended—

(a) (i) by inserting in section two after the definition of "But ter f a t " the following new definitions:—

"Cooking margar ine" means margarine which contains beef fat or mutton fat or beef fat and mutton fat in a quantity of not less than ninety per centum by weight of the total quan­ tity of fat and oil contained in such margarine.

"Cooking margarine license" means a license to manufacture only cooking margarine.

(ii)   by omitting from the same section the definition of "Marga r ine" and by inserting

in lieu thereof the following definition:—

"Marga r ine" means any substance—	(a)	which resembles butter or which is capable of being used as a substitute for butter whether for cooking or for eating purposes or for both cooking and eating purposes;
(b)	which is manufactured or pre­ pared wholly or mainly from one or more fats or oils or a combination of one or more fats
and oils; and (c)

(c) the fatty contents of which are not derived exclusively from milk—

but does not include dripping or lard
or any single fat sold as such fat.

(iii)   by inserting in the same section after the definition of " S t o r e " the following new definitions:—

"Table margar ine" means margarine
which is not cooking margarine.

"Table margarine license" means a license to manufacture only table margarine.

(iv)  by inserting at the end of the same section the following new subsection:—

(2) This Act shall be read and construed subject to the Commonwealth of Australia Constitution Act and so as not to exceed the legislative power of the State to the intent that where any provision of this Act or the application thereof to any person or circumstance is held invalid the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected.

(b) by inserting at the end of section nine the following new paragraphs and subsection:—

(d) at any reasonable time—

(i) enter and search any place in

which margarine or any fat,

oil or other substance of any kind commonly used in the manufacture or preparation of margarine is manufactured, prepared, stored, packed or sold or is suspected by the inspector to be manufactured, prepared, stored, packed or sold; and

(ii)   inspect any such margarine fat, oil or other substance; and

(iii)

(iii)   without payment take samples of any such margarine, fat, oil or other substance, and for such purpose open or cause to be opened any package which contains or which the in­ spector suspects to contain any such margarine, fat, oil or other substance;

(e) at any reasonable time enter any place where he suspects that any accounts, books or documents relating to margarine or to any fat, oil or other substance of any kind commonly used in the manufacture of margarine are kept, and may inspect, make copies of and take extracts from any such accounts, books or documents.

(2) Any person who—

(a)	prevents or attempts to prevent any inspector from exercising any power conferred on him by or under this Act; or
(b)	hinders or obstructs any inspector in the exercise of any such power—

shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding twenty pounds,

(c)	by inserting next after section twenty-two the following new sections:—
from the commencement of the Dairy Industry 22A. (1) After the expiration of one month (Amendment) Act, 1940—

(a)	no person shall manufacture or prepare cooking margarine unless he holds a cooking margarine license;
(b)	no person shall manufacture or prepare table margarine unless he holds a table margarine license;
(c)	no person shall manufacture or prepare any margarine on any premises other than the premises specified in a license
held by him; (d)

(d) no person shall manufacture or prepare any margarine in contravention of any condition of the license held by him.

(2) Every application for a license under this section shall be made to the Minister, shall be in or to the effect of the form prescribed, and shall be accompanied by the prescribed fee. The application shall state the type of margarine which it is proposed to manufacture or prepare and such other particulars as are prescribed.

(3) The Minister may at his discretion grant or refuse any application for a license:

Provided that—

(a)

an applicant for a license in respect of premises which at the commencement of the Dairy Industry (Amendment) Act, 1940, are registered under section five of this Act shall, if his application is duly made within one month after such commencement, be entitled to be granted a license in respect of those premises for the manufacture or preparation of the type of margarine manufactured by him on those premises at such commencement; and

(b)

where a license is applied for by way of renewal of a prior license, which has not been cancelled, the applicant shall be entitled to be granted such a license unless during the period of operation of the prior license—

(i) the applicant has been con­ this Act; or	victed of an offence against
(ii)	the applicant has contravened or failed to comply with any of the conditions of the prior license.

(4) Every license shall be in or to the effect of the form prescribed and shall subject to this Act remain in force until the thirtieth day of June next following the date of issue thereof but may be renewed from time to time

upon application duly made. ( 5 )

(5 ) On application in the prescribed

form a license may at any time during the currency thereof be transferred in the pre­ scribed manner so as to apply to any other person or premises approved by the Minister.

(6) (a) Every table margarine license shall contain a condition specifying the maximum amount of table margarine which may be manufactured or prepared by the holder of the license during the currency of the license.

(b) In any such license, which is granted by way of renewal of a prior license, the maximum amount of table margarine which may be specified therein in pursuance of this sub­ section shall not be less than the amount specified in the original license granted under this Act.

(c) The total quantity of table mar­ garine which may be specified in the aggregate for all licenses issued for any period of twelve months ending on the thirtieth day of June shall not exceed one thousand two hundred and forty- eight tons.

(7) (a) The Minister may cancel a license upon the conviction of the holder thereof of any offence against this section or against section 22B of this Act.

(b) If a table margarine license is

so cancelled, the Minister may, subject to this

Act—

(i)   grant a new table margarine license for the unexpired term of the cancelled license; or

(ii)   vary the conditions of the other current table margarine licenses by increasing proportionately the respective maxi­ mum amounts specified therein.

(8) Any person who contravenes any
provision of this section shall be guilty of

an offence against this Act and shall be liable

upon

upon summary conviction to a penalty not exceeding one hundred pounds and to an addi­ tional penalty not exceeding twenty pounds for every day on which the offence is continued.

22B. (1) Notwithstanding anything in this Act or in any license any person who holds a cooking margarine license may manufacture for sale only to any prescribed person or class of persons in lumps of not less than fourteen pounds margarine which contains beef fat or mutton fat or beef fat and mutton fat in a quan­ tity of between seventy-five and ninety per centum by weight of the total quantity of fat and oil contained in such margarine.

(2) Any person who—

(a)	packs any such margarine so manufac­ tured in lumps of less than fourteen pounds;or
(b)	sells any such margarine so manufac­ tured—

(i)   in lumps less than fourteen pounds; or

(ii)   otherwise than to any such prescribed person or any per­ son being a member of any such prescribed class of persons—

shall be guilty of an offence against this Act and shall be liable upon summary conviction to a

penalty not exceeding one hundred pounds.

22c. (1) Notwithstanding anything in this Act or in any license issued under this Act—

(a) a special permit may from time to time be granted by the Minister to any person who holds a license under this Act authorising such person to manufacture or prepare for export beyond the Commonwealth of Aus­ tralia such quantity of table margarine as is specified in the permit;

(b)

(b)	application for such special permit shall be made as p rescr ibed ;
(c)	a special permit shall, subject to this Act, remain in force for the period specified in the special p e r m i t ; but this p a r a g r a p h shall not be construed to
p reven t the Minis ter from g r a n t i n g a

fur ther special pe rmi t unde r this section to a person who was or is the holder of a special pe rmi t which has expired or is about to exp i re ;

(d)	the Minis ter may a t his discret ion g ran t or refuse any applicat ion for a special p e r m i t ;
(e)	a person who holds a special permit unde r this section may dur ing the per iod in which such pe rmi t remains in force manufac ture or p r e p a r e table marga r ine for expor t in accordance wi th the t e rms and conditions of the permi t .
( 2 ) E v e r y such special permi t—
(a)	shall contain such conditions as the Minis ter thinks necessary to ensure tha t none of the marga r ine manufac tured or p r e p a r e d the reunder shall be sold or d is t r ibuted within the Common­ wealth of Aus t ra l i a and such other
conditions as a r e p resc r ibed ; and
(b)	may be cancelled by the Minister upon
( 3 ) Any person who contravenes or fails

breach of any condition thereof.

to comply with any condition of any such special pe rmi t shall be guil ty of an offence aga ins t this Act and shall be liable upon summary conviction to a penal ty not exceeding one hundred pounds .

( 1 ) E v e r y person who holds a table mar­ gar ine license shall not la ter than the seventh day of each month furnish to the Minis ter in wr i t ing—

2 2 D .

(a)	information as to the amount of table
m a r g a r i n e manufac tured , p r e p a r e d or

packed

packed dur ing the next preceding month a t the premises specified in the

l icense; and

(b) such other informat ion as is prescribed.

( 2 ) The Minis ter m a y by notice in wr i t ing

requi re any person to furnish to h im in wr i t ing a r e t u r n or periodical r e t u r n s within the t ime o r t imes specified in the notice giving such infor­ mat ion as m a y be requi red by the notice in respect of any m a r g a r i n e or any fat, oil or o ther substance of a kind commonly used in the manu­ fac ture or p r e p a r a t i o n of marga r ine which is or h a s a t any t ime been in the possession, custody or control of t ha t person.

( 3 ) A n y person who—

(a) fails to comply in any pa r t i cu la r wi th

the requi rements of this section or of

any notice under th is section; or

(b)	furnishes under this section any infor­ mat ion which is false or misleading in
any mate r ia l pa r t i cu la r—

shall be gui l ty of an offence aga ins t th is Ac t and shall be liable upon summary conviction to a pena l ty not exceeding one hundred pounds .

(d)	by inserting in subsection one of section twenty-
five next af ter p a r a g r a p h ( r ) the following new

p a r a g r a p h s : —

(s) p rescr ib ing the procedure for t ak ing

samples under this A c t ;

( t ) p rescr ib ing the methods of analysis of

any m a r g a r i n e for the purposes of	th is
A c t ;

(u) prescr ib ing chemical and physical

c r i t e r i a for the f a t ty por t ion of a n y

type of m a r g a r i n e which shall const i tute the basis of proof for the purposes of this Act t ha t any m a r g a r i n e is or is no t of such type .

T R U S T E E