Dairy Produce Act 1978 (Qld)

277 11ans1att ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 35 of 1978 An Act to consolidate and amend the law relating to dairy produce and its manufacture , sale and distribution and for matters incidental thereto [ASSENTED TO 8TH JUNE, 1978] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Dairy Produce Act 1978. 2. Commencement . This Act shall commence on a date appointed by Proclamation. 3. Arrangement . This Act is arranged as follows:- PART I-PRELIMINARY, SS. 1-6; PART II-ADMINISTRATION, Ss. 7-15; PART III-REGISTRATION OF PREMISES, PERMITS, SS. 16-17; PART IV-GRADING, TESTING AND OTHER PROCEDURES, SS. 18-24; PART V-INSPECTION, ss. 25-32; PART VI-OFFENCES, ss. 33-42; PART VII-GENERAL PROVISIONS, ss. 43-57; SCHEDULES.

278 Dairy Produce Act 1978, No. 35 4. Repeals and savings . (1) The Acts set forth in the First Schedule (in this section referred to as the " repealed Acts ") are repealed to the extent therein specified. (2) (a) Every order, direction, registration, permit, certificate, notification, notice, delegation or other act of authority granted, issued, made and published, given or done under the repealed Acts and in force immediately prior to the commencement of this Act shall continue in force as if it were granted, issued, made and published, given or done under this Act until it expires by effiuxion of the time limited for its operation at the time it was granted, issued, made and published, given or done or is revoked, cancelled, suspended or surrendered under this Act. Every license granted and issued under the repealed Acts and in force immediately prior to the commencement of this Act shall continue in force until it expires by efflusion of the time limited for its operation at the time it was granted or until it is revoked or cancelled in accordance with the relevant provisions of the repealed Acts and for that purpose those provisions shall continue in force. (b) Every agreement, contract or arrangement entered into by any person under the repealed Acts and subsisting immediately prior to the commencement of this Act shall be deemed to be an agreement, contract or arrangement entered into under this Act and may be performed by or enforced against that person according to its terms as if this Act had not been passed. (c) Every action or proceeding arising out of or taken with respect to any matter under the repealed Acts which action or proceeding was commenced prior to the commencement of this Act and is not completed at that date may be carried on and completed as if this Act had not been passed. (d) Every person who at the commencement of this Act holds an office or position to which he was appointed under or for the purposes of the repealed Acts shall continue to hold that office or position or the corresponding office or position under and for the purposes of this Act until he vacates or is lawfully removed from that office or position and when such office or position has been held immediately prior to the commencement of this Act under, subject to and in accordance with the Public Service Act1922-1976 the same or the corresponding office or position shall be and continue to be held under, subject to and in accordance with such lastmentioned Act. (e) All fees prescribed by or under the repealed Acts to be paid shall be deemed to have been prescribed by or, as the case may be, under this Act and shall be payable as prescribed from time to time. 5. Interpretation . (1) In this Act, save where a contrary intention appears- agent " means a person who on behalf of an owner or another person or as a broker or factor takes delivery of or manufactures, manages or directs delivery or manufacture of dairy produce for the purposes of sale or other disposal; " analyst " means an analyst appointed under this Act; " butter " means the fatty substance obtained by the mechanical agitation of milk or cream or any other method; " butter-fat " means the fat of milk;

Dairy Produce Act 1978, No. 35 279 " buy " includes receive or accept, offer or attempt to receive or accept or cause, suffer or allow to be received or accepted pursuant to an agreement for sale; agree to buy, offer to buy, barter, hire or lease under any arrangement; " carrier " means a person other than a vendor who carries dairy produce on or in a vehicle or vessel; " cheese " means the solid product obtained by coagulating the caseinogen of milk by means of rennets, pepsins or acids with or without the addition of ripening ferments or seasoning ingredients; " cold store " means premises used as a control temperature room for the examination, grading, marking, weighing, storage or delivery of dairy produce other than milk or cream: the term does not include a vendor's cold room; " condensed milk " means milk concentrated by any method; " cream " means the product of milk richer in fat than that milk obtained by centrifugal separation or other method; " dairy " means land, premises, buildings or structures of any kind used in connexion with the production of milk or cream; " dairy blend " means the product obtained by mixing milk fat, milk, cream, any edible vegetable oil, salt and water to produce a solid or semi-solid emulsion; " dairy produce " means milk, cream, butter, cheese and any other substance declared by Order in Council to be dairy produce for the purposes of this Act; " dairy produce premises " means a cold store, dairy, depot, factory, milkshop, vehicle, vessel, vendor's cold room or other place at, to or in which dairy produce is deposited, treated, dealt with, carried or sold or at or in which any dairy equipment or utensil is held for storage or cleansing; " depot " means a building, structure, refrigerated vehicle, vendor's cold room or other place where milk or cream- (a) is deposited for the purpose of grading, measuring, sampling, testing or weighing pending its consignment to any place for any purpose or re-consignment to other dairy produce premises; (b) is held for distribution by a vendor; (c) is held for or on sale by wholesale; (d) is subjected to any treatment other than pasteurisation; " developing area " means an area of the State within which residential or industrial development and population increase are anticipated, declared as a developing area by Order in Council; " Director " means the Director of Dairying appointed under this Act and includes the person for the time being performing the duties of the Director;

280 Dairy Produce Act 1978, No. 35 " disease " means a disease affecting humans or stock specified in the Second Schedule; " factory " means a building, structure or other place where- (a) dairy produce is manufactured, stored or packed; (b) milk or cream- (i) is subjected to pasteurisation; (ii) is packed; " grading " means the classification of dairy produce according to qualify, performed in the prescribed manner; " have in possession " includes having under control in any place whether for the use or benefit of the person of whom the term is used or of another person and although another person has the actual possession or custody of the thing in question; "holder ", used in relation to a permit, certificate or authority under this Act, means a person who at the material time holds that permit, certificate or authority; " inspector " means an inspector appointed under this Act and includes a person for the time being performing the duties of an inspector and a person acting under the direction or in aid of an inspector; " keep " includes have in possession; " laboratory " means a laboratory approved by the Director for the purpose of carrying out specified examinations, procedures, tests or analyses and registered under this Act; " manufacture ", when used in relation to dairy produce, includes prepare, process, produce and treat; " mark " includes a brand or stamp of any kind; " milk " means the lacteal fluid product of a mammal; " milk run " means the delivery run followed by a vendor consisting only of such localities (defined by reference to roads or streets) as are situated in the area of that run in which milk is supplied: the term does not include a cream route or milk route within the meaning of this Act; " milkshop " means a building, structure, stall, mobile stall, vehicle, vessel or other place from which milk or cream is sold by retail: the term does not include a vehicle used by a vendor; " Minister " means the Minister for Primary Industries or other Minister of the Crown who at the material time is charged with the administration of this Act and includes a Minister of the Crown who is temporarily performing the duties of the Minister; " owner " means, in relation to land, the registered proprietor thereof, the lessee or licensee from the Crown in respect thereof, the person who for the time being has lawful control thereof (on trust or otherwise) and the person who for the time being is entitled to receive the rents and profits

Dairy Produce Act 1978, No. 35 281 thereof: when used generally the term includes the agent or manager of the owner or in the case of a body corporate the manager, secretary or principal officer thereof by whatever name called and the person having the charge, management or control of any place or dairy produce; " package " means any bottle, box, can, carton, case, cask, crate, keg, tin, wrapper and every other receptacle, container or covering; " pasteurisation " means the treatment of heating and cooling dairy produce carried out in accordance with prescribed methods and with the use of prescribed equipment; " place " means- (a) any land; (b) any building, structure or erection of any kind whether wholly or partly constructed or erected or in the course of construction or erection; (c) a room in any building, structure or erection; (d) a vehicle or vessel; " pure", when used in relation to milk or cream, means milk or, as the case may be, cream that- (a) is free from colostrum and any preservative, chemical or other extraneous ingredient; (b) contains a percentage of butter-fat or solids equal to or greater than that prescribed with respect thereto; (c) has not had removed from it any part of any of its constituents; and (d) is the product of a mammal not affected with a disease; " refrigerated " means reduced in temperature by a system of mechanical refrigeration fitted with controls; " registered " means registered under this Act; " sell " means sell by wholesale or retail and includes auction, barter, exchange or supply for profit or cause, suffer, allow or attempt any of those acts, offer for sale or attempt to sell, supply or receive for sale, have in possession for sale, expose for sale, send, forward or deliver for or on sale, cause, suffer or allow to be sold or offered for sale, dispose of or offer for disposal under a lease or hire purchase agreement: the term includes in relation to dairy produce for consumption by humans- (a) supply or give away or cause, suffer or allow to be supplied or given away as a means of advertisement; (b) supply or give away for use or consumption at a place other than the dairy in or on which the dairy produce was produced; " separated milk " means milk of whole milk from which the cream has been separated and to which nothing has been added and includes skim milk; " stock " means stock within the meaning of the Stock Act1915-1976 or other Act or law with respect to diseases in stock; 10 67042

282 Dairy Produce Act 1978, No. 35 " supply " means the delivery or passing over of dairy produce to any person whether or not for profit; " treat " in relation to dairy produce includes examine, cleanse, pasteurise, separate, grade, test, refrigerate or pack; " Under Secretary " means the Director-General and Under Secretary, Department of Primary Industries and includes a person for the time being performing the duties of the Director- General and Under Secretary; " utter " includes use, deal with or act upon or attempt so to do or attempt to induce any person to use, deal with or act upon the thing in question as if it were genuine; " vehicle " means a conveyance of any kind and includes any aircraft, caravan or trailer; " vendor " means a person who supplies dairy produce from a vehicle other than a mobile stall; " vessel " includes a ship, boat, hovercraft and any vehicle that is capable of use in or on water, whether floating or submersible and whether or not self-propelled. (2) Where by or under this Act an obligation is imposed on an owner it shall be taken that the obligation is imposed on each person who is included by definition within the term " owner 6. Application . (1) Subject to subsection (2), this Act applies throughout the State. (2) The Governor in Council may, by Order in Council, exempt from the operation of this Act or any provisions thereof specified in the Order any area of the State specified in the Order and for so long as an Order made under this subsection remains in force the area specified therein shall be exempted from the operation of this Act or, as the case may be, the provisions so specified. (3) This Act does not apply to dairy produce intended for the use of the owner thereof for consumption on his premises that is not subsequently sold or disposed of in any other manner. (4) This Act does not prejudice or affect in any way the operation of- (a) any Act or law with respect to the sale of food in a pure and sound state; (b) the Milk Supply Act1977. PART II-ADMINISTRATION 7. Declaration as to dairy produce. The Governor in Council may, by Order in Council for the purposes of this Act, declare any substance other than milk in the manufacture of which- (a) milk is used; or (b) any substance manufactured from milk or products of milk is used, to be dairy produce. 8. Declaration of developing area . The Governor in Council may, by Order in Council for the purposes of regulating, controlling and ensuring the continuance of the supply of dairy produce by wholesale or retail to any area of the State, declare that area to be a developing area.

Dairy Produce Act 1978, No. 35 283 9. Diseases . Second Schedule. (1) The diseases affecting humans and the diseases affecting stock specified in the Second Schedule shall, for the purposes of this Act, be diseases likely to contaminate stock or dairy produce. (2) The Governor in Council may, by Order in Council, amend the Second Schedule by adding thereto or omitting therefrom the name of any infectious or contagious disease affecting humans or, as the case may be, stock therein specified and the schedule as so amended is for the time being the Second Schedule. 10. Appointment of Director and other officers. (1) The Governor in Council may, by notification published in the Gazette, appoint a Director of Dairying and such inspectors, analysts, other officers and persons as he considers necessary for the effectual administration of this Act. (2) A person appointed under subsection (1) shall hold office under, subject to and in accordance with the Public Service Act1922-1976. (3) Every inspector, analyst or officer appointed under this Act is during the continuance of that appointment and without further or other appointment an inspector, analyst or officer under the Margarine Act 1958-1975. (4) In addition to the powers, authorities, functions and duties conferred or imposed upon him by or under this Act, the Director shall have and may exercise and perform the powers, authorities, functions and duties of an inspector. 11. Prohibition in respect of acquiring or holding interest. The Director or any inspector, analyst or other officer shall not acquire or hold directly or indirectly an interest in any dairy produce premises or in a trade or business connected therewith. 12. Power of delegation . (1) The Minister may, either generally or otherwise as provided by the instrument of delegation, by writing signed by him, delegate- (a) to any person; (b) to the holder of an office specifying its title but not the name of the holder for the time being, all or any of his powers, authorities, functions and duties under this Act except this power of delegation. (2) A power, authority, function or duty so delegated, if exercised or performed by the delegate, shall be exercised or performed in accordance with the instrument of delegation. (3) A delegation may be made subject to such terms or limitations as the Minister thinks fit including a requirement that the delegate shall report to him upon the exercise or performance of the delegated power, authority, function or duty. (4) The Minister may make such and so many delegations of the same power, authority, function or duty and to such number of persons or holders of office as he considers necessary or desirable.

284 Dairy Produce Act 1978, No. 35 (5) A delegation is revocable at the will of the Minister and does not prevent the exercise of a power or authority or the performance of a function or duty by him. 13. Advisory and other committees . The Minister may appoint such and so many advisory committees or other committees as he thinks necessary for the effectual administration of this Act and assign to each committee so appointed a name. 14. Declaration of milk or cream routes . (1) The Minister, upon the recommendation of the owner of a factory or an advisory committee appointed under this Act, by notification published in the Gazette, may declare any road or roads or a portion of any road or roads to be- (a) a milk route; or (b) a cream route, either generally or with respect to any factory or factories specified in the notification. (2) Notwithstanding subsection (1), the Minister- (a) may, where he considers it advisable so to do, declare any road or roads or a portion of any road or roads to be a milk route or cream route although a recommendation with respect thereto has not been made; (b) may, in declaring a milk route or cream route, adopt such part only of a recommendation as he thinks fit. (3) The Minister- (a) may impose such terms, conditions or restrictions as he thinks necessary with respect to the carriage of dairy produce on a milk route or cream route declared pursuant to this section; (b) may at any time by notice in writing given to the person concerned cancel a declaration made pursuant to this section. 15. Approval of new factories . (1) A person- (a) shall not commence or continue to erect as a factory any building, structure or other place; (b) shall not use as a factory any building, structure or other place that was not being so used at the commencement of this Act, without the approval of the Governor in Council first had and obtained. (2) A person- (a) shall not commence to install; (b) shall not use, in or on a factory any plant, machinery, equipment or apparatus- (c) in a case where the cost thereof exceeds $5 000, without the approval in writing of the Minister first had and obtained; (d) in a case where the cost thereof exceeds $2 000 but does not exceed $5 000, without the approval in writing of the Director first had and obtained. (3) A person who contravenes a provision of this section commits an offence against this Act and is liable upon conviction- (a) if a body corporate, to a penalty of $5 000; (b) if a person other than a body corporate, to a penalty of $1 000 or imprisonment for six months.

Dairy Produce Act 1978, No. 35 285 (4) This section does not apply to- (a) the manufacture in or on a dairy of butter or cheese where the butter or cheese is solely the produce of milk produced in or on that dairy; or (b) the pasteurisation in or on a dairy of milk produced therein or thereon, where the prior approval in writing of the Minister has been obtained for the use, in such manufacture or, as the case may be, pasteurisation, of the building, structure or other place and the plant, machinery, equipment or apparatus concerned. The Minister may, at any time by notice in writing given to the person concerned, cancel an approval granted pursuant to this subsection. PART III-REGISTRATION OF PREMISES, PERMITS 16. Registration of premises . (1) An owner of a laboratory or dairy produce premises other than a milkshop shall register and at all times keep registered in his own name (or where the owner is a body corporate in the name of that body corporate) that laboratory or those premises. (2) (a) An application for registration or for the renewal of registration under this section- (i) shall be made to the Director; (ii) shall be in the prescribed form; (iii) shall specify by a sufficient description the dairy produce premises or laboratory in respect of which the application is made, the purposes for which those premises or that laboratory are or is to be used and the dairy produce to be manufactured, stored, sold, carried, supplied or, as the case may be, examined, tested or analysed therein, thereon or thereto; (iv) shall contain such other particulars as are prescribed: (v) shall be accompanied by the prescribed fee. (b) The Minister shall consider each application and may grant or refuse it. (c) When an application is granted, the Director shall issue in respect thereof a certificate of registration or, as the case requires, of renewal of registration. (3) A certificate under this section- (a) shall be in the prescribed form; (b) shall contain the prescribed particulars; (c) shall be in force for the prescribed period unless sooner cancelled, revoked or suspended; (d) shall be subject to such terms, conditions or restrictions as are prescribed or so far as not prescribed as the Minister in a particular case thinks fit; (e) shall specify the dairy produce premises or laboratory in respect of which the certificate is granted and issued, the purposes for which those premises or that laboratory are or is to be used and the dairy produce to be manufactured, stored, sold, carried, supplied or, as the case may be, examined, tested or analysed therein, thereon or thereto under the authority of that certificate;

286 Dairy Produce Act 1978, No. 35 (f) shall authorize the holder thereof to do such acts and things as are prescribed with respect thereto; (g) may be transferred or surrendered; (h) may be renewed; (i) may be amended, altered, varied or otherwise modified by the Minister during the currency thereof. (4) An owner of dairy produce premises or a laboratory who contravenes or fails to comply with- (a) a provision of this section; (b) a term, condition or restriction to which a certificate of registration or renewal of registration under this section is subject, commits an offence against this Act. Penalty: $500. 17. Permits re separators and separated milk, milking machines. (1) An owner of a factory or depot- (a) shall not commence to erect or install a cream separator; (b) shall not use a cream separator; (c) shall not take delivery of or keep separated milk, at that factory or depot unless he is the holder of a permit under this section. (2) A person shall not in or on a dairy commence to erect or install a milking machine unless he is the holder of a permit under this section. (3) (a) An application for a permit under this section- (i) shall be made to the Director; (ii) shall be in writing and may be in the prescribed form; (iii) shall contain the prescribed particulars; (iv) shall be accompanied by the prescribed fee, if any. (b) The Director shall consider each application and may grant or refuse it. (c) When an application is granted, the Director shall issue in respect thereof a permit. (4) A permit under this section- (a) shall be in writing and may be in the prescribed form; (b) shall unless sooner revoked be in force for the prescribed period; (c) shall be subject to such terms, conditions or restrictions as are prescribed or so far as not prescribed as the Director determines; (d) shall authorize the holder thereof to do such acts and things as are prescribed with respect thereto; (e) may be revoked at any time; (f) may be amended, altered, varied or otherwise modified by the Director during the currency thereof. (5) An owner of a factory or depot- (a) shall not remove or permit, suffer or allow to be removed butter-fat from; (b) shall not add or permit, suffer or allow to be added separated milk to, milk that is intended for sale as milk or pasteurised milk.

Dairy Produce Act 1978, No. 35 287 (6) An owner of a factory or depot or other person who contravenes or fails to comply with- (a) a provision of this section; (b) a term, condition or restriction to which a permit under this section is subject, commits an offence against this Act. Penalty: $500. PART IV-GRADING, TESTING AND OTHER PROCEDURES 18. Grading , testing milk and cream . (1) The owner of a factory or depot shall grade and test as prescribed all milk and cream received at that factory or depot. (2) The owner of a factory or depot, in relation to milk or cream received at that factory or depot- (a) shall keep separate and apart milk of different grades; (b) shall not, save as prescribed by the regulations, blend or mix cream of different grades. (3) An owner of a factory or depot who contravenes or fails to comply with a provision of this section commits an offence against this Act. Penalty: $500. 19. Grading , testing , packing and marking dairy produce. (1) The owner of a factory or depot at or in which dairy produce that is to be supplied or is intended for sale in the State is manufactured shall grade, test, pack and mark as prescribed all dairy produce so manufactured. Penalty: $500. (2) The owner of a factory, depot or cold store shall grade and test all dairy produce manufactured outside the State and intended for sale in the State that is received or held by him at that factory, depot or cold store. Penalty: $500. (3) An inspector shall not mark dairy produce as having been inspected by him until he is satisfied that all the provisions of this Act with respect to that dairy produce and the packages in which it is contained have been complied with. (4) An inspector shall grade all dairy produce inspected by him according to quality and shall mark such dairy produce with the prescribed marks according to the classes into which it has been graded. (5) Save as is provided by or under this Act, a person shall not alter or obliterate in any way a mark placed by an inspector on dairy produce. Penalty: $500. (6) Where dairy produce is shipped as ordinary cargo or in a refrigerated chamber that is, in the opinion of an inspector, defective, he may, with the approval of the Director first had and obtained, withhold or cancel any certificate of quality or prescribed mark given with respect to or put on that dairy produce.

288 Dairy Produce Act 1978, No. 35 20. False representations as to grade or type of dairy produce. (1) A person shall not falsely represent that dairy produce sold by him is of a particular grade or type. Penalty: $500. (2) For the purposes of this section- (a) a person shall be taken to represent that dairy produce is of a particular grade or type if- (i) he makes a verbal or written representation that implies or is calculated to imply or is likely to imply that the dairy produce is of that grade or type; (ii) he has on exhibition or permits, suffers or allows to remain on exhibition on, about or adjacent to the dairy produce premises or on, about or adjacent to a vehicle from which the dairy produce is sold by him or on a billhead any word, writing, description, sign, notice or placard of any kind that implies or is calculated to imply or is likely to imply that the dairy produce is of that grade or type; (b) a representation made shall be taken to be false if the dairy produce- (i) is represented to be of a grade or type that is not prescribed by or under this Act or any other Act or law in relation to dairy produce; (ii) does not comply in all respects with the grade or type it is represented to be, being a grade or type prescribed by or under this Act or any other Act or law in relation to dairy produce. 21. Employment of qualified persons. (1) An owner of a factory or depot- (a) shall not employ at that factory or depot a person- (i) to grade or test dairy produce supplied to that factory or depot; (ii) to neutralise or pasteurise dairy produce; (iii) to make butter, cheese or milk products; (b) shall not employ a person to grade bulk milk at a dairy, unless that person satisfies the owner that he has passed the prescribed examination, is the holder of the prescribed certificate of competency issued by the Director and possesses all other prescribed qualifications or, in a case to which subsection (4) applies, has been exempted by the Director from passing the prescribed examination and holds the prescribed certificate of competency. Penalty: $500. (2) An owner of a laboratory shall not at that laboratory employ a person to conduct the examinations, procedures, tests or analyses authorized in respect of that laboratory unless that person satisfies the owner that he has passed the prescribed examination, if any, is the holder of the prescribed certificate of competency issued by the Director and possesses all other prescribed qualifications or, in a case to which subsection (4) applies, he has been exempted by the Director from passing the prescribed examination, if any, and holds the prescribed certificate of competency. Penalty: $500. (3) An owner of a laboratory shall not at that laboratory conduct the examinations, procedures, tests or analyses authorized in respect of that laboratory unless he has passed the prescribed examination, if any, or

Dairy Produce Act 1978, No. 35 289 otherwise satisfies the Director in such manner as the Director determines that he is competent to do so, holds the prescribed certificate of competency issued by the Director and possesses all other prescribed qualifications or, in a case to which subsection (4) applies, he has been exempted by the Director from passing the prescribed examination, if any, and is the holder of the prescribed certificate of competency. Penalty: $500. (4) The Director may exempt any person from passing any prescribed examination and issue to that person the prescribed certificate of competency upon production by him of evidence satisfactory to the Director that he has passed an examination in another State or a Territory of the Commonwealth or another country recognized therein as entitling that person to grade, test, neutralise or pasteurise dairy produce, make butter, cheese or milk products or conduct examinations, procedures, tests or analyses on dairy produce in that State, Territory or country and that he possesses other qualifications at least equal to all other prescribed qualifications. 22. Collection of bulk milk from dairies by qualified persons. A person shall not grade or take samples of bulk milk at or collect bulk milk from a dairy unless he has passed the prescribed examination, if any, is the holder of the prescribed certificate of competency issued by the Director and possesses all other prescribed qualifications. Penalty: $500. The Director may exempt a person to whom this section applies from passing any prescribed examination and issue to that person the prescribed certificate of competency upon production by that person to the Director of evidence satisfactory to the Director that that person has passed an examination in another State or a Territory of the Commonwealth or another country recognized therein as entitling that person to grade milk and perform other prescribed procedures with respect to the sampling of bulk milk at or the collection of bulk milk from dairies and that he possesses other qualifications at least equal to all other prescribed qualifications. 23. Offences as to grading or testing dairy produce or recording results of grades and tests. (1) A person other than a certified grader or tester under this Act- (a) shall not at a factory or depot grade or record the grade or in any way be concerned with grading or recording the grade of dairy produce supplied to that factory or depot; (b) shall not at a factory or depot test or record the result of any test or in any way be concerned with testing or recording the result of any test of dairy produce supplied to that factory or depot. Penalty: $500. (2) A person shall not counsel or procure or attempt to counsel or procure a person employed at a factory or depot as a certified grader or tester- (a) to grade or record the grade or in any way be concerned in grading or recording the grade of dairy produce supplied to that factory or depot in such a manner that, in the opinion of the person so employed, the grade does not provide a true.result or the record does not represent the true grade or the true record of the grade of that dairy produce; (b) to test or record a test or in any way be concerned with testing or recording a test of dairy produce supplied to the factory

290 Dairy Produce Act 1978, No. 35 or depot in such a manner that, in the opinion of the person so employed, the result does not provide a true result or the record does not represent the true result or the true record of the test of that dairy produce. Penalty: $500. (3) It is a defence to a charge of an offence against subsection (1) or (2) to prove that the person charged is the person who holds the certificate of competency required by section 21 (1) and that he is the manager of or an employee authorized by the manager of the factory or depot and that he has personally initialled the record of grading, or as the case may be, testing out of which the charge arose. (4) A person other than the holder of the relevant certificate of competency under this Act shall not at a laboratory conduct the examinations, procedures, tests or analyses authorized in respect of that laboratory. Penalty: $500. (5) This section shall not operate so as to prevent an inspector from grading or testing dairy produce supplied to a factory. 24. Packing and like procedures with respect to dairy produce. (1) Subject to this Act, an owner of a factory shall pack, mark, label and wrap all dairy produce manufactured at his factory in such manner as is and in such quantities as are prescribed or so far as not prescribed as the Governor in Council by Order in Council determines. (2) An owner of a factory shall, in respect of each consignment of dairy produce manufactured by him, furnish to an inspector in the prescribed form the prescribed particulars and such further particulars as the Director in any case thinks fit with a view to the proper examination, grading, testing or analysis of that consignment. (3) A person shall not affix to a package containing dairy produce any particulars that are false or misleading or are calculated or likely to mislead or a mark that is not prescribed by this Act. (4) A person who contravenes or fails to comply with a provision of this section commits an offence against this Act. Penalty: $500. PART V-INSPECTION 25. Powers of inspector generally . (1) For the purposes of this Act, an inspector at any time- (a) may, subject to subsection (2), enter any place; (b) may make with respect to any place such investigation and enquiry as is necessary to ascertain whether the provisions of this Act are being complied with ; (c) may inspect any dairy produce premises, laboratory or any other place that he believes on reasonable grounds is being or is likely to be used in the receival, storage, manufacture, grading, testing, carriage or sale of dairy produce; (d) may examine any plant, machinery, equipment, apparatus, utensils, ingredients or materials (including water), stock or any water supplied to stock found in any dairy produce premises or place inspected pursuant to subparagraph (c);

Dairy Produce Act 1978, No. 35 291 (e) may stop, detain and search any vehicle or vessel used or that he believes on reasonable grounds is being or is likely to be used for the carriage of dairy produce or ingredients or materials (including water) used in the production thereof; (f) may seize and detain dairy produce, machinery, equipment, apparatus, utensils, ingredients or materials (including water) found in or on any dairy produce premises or other place inspected by him; (g) may remove dairy produce or other thing seized by him under this Act from the place where it was seized to such place as he determines or may allow that dairy produce or other thing to remain at the place of seizure and in the latter case may make such arrangements as he considers necessary to protect it; (h) may open or order to be opened any place or any container used for the carriage of goods, package, tank or vat found in or on dairy produce premises or any other place that contains or that he believes on reasonable grounds contains dairy produce or ingredients or materials (including water) used in the manufacture thereof; (i) may seize and take in the prescribed manner and without payment, for examination, grading, testing or analysis, any sample of or any package containing dairy produce or ingredients or materials (including water) used in connexion with the manufacture thereof or water used for stock; (j) may question a person found by him in any place to ascertain whether this Act is being complied with and require a person so found to answer the questions put; (k) may require a person found by him committing an offence against this Act or who he believes on reasonable grounds has committed an offence against this Act or whose name and address are in his opinion reasonably required to state his full name and the address of his usual place of residence and, if he suspects on reasonable grounds that a name or address so stated is false, may require evidence of the correctness thereof; (1) may require a person to produce to him any permit, certificate or authority under this Act granted and issued to that person or alleged by that person to have been granted and issued to him or any books, accounts, records or documents and may inspect, examine and make copies of or extracts from any permit, certificate or authority or any book, account, record or document so produced; (m) may, in a case where he is obstructed or has reasonable grounds to believe that he will be obstructed in the exercise of his powers or authorities or the discharge of his functions or duties, call to his aid- (i) another officer; (ii) a member of the Queensland Police Force, whereupon it shall be the duty of a member so called to assist him as required and in accordance with this Act and a member so assisting shall have the same powers and authorities as are conferred upon an inspector under this Act; (n) may call to his aid a person who he thinks is competent to assist him in the exercise of his powers and authorities or the discharge of his functions and duties;

292 Dairy Produce Act 1978, No. 35 (o) may use such force as is reasonably necessary in the exercise of the powers and authorities or the discharge of the functions and duties conferred or imposed upon him by this Act; (p) may, by order in writing, require a person who has failed to comply with this Act to take within such time as is specified such steps as are specified and to remedy those matters in respect of which non-compliance has occurred; (q) may exercise such other powers and authorities and discharge such other functions and duties as are prescribed. An order pursuant to subparagraph (p)- (a) shall be in the prescribed form; (b) shall not prejudice or affect in any way any proceeding or action that has been or may be taken for the failure to comply that resulted in the order, save that the person to whom the order is given is not liable for a continuance of the failure to comply during the time specified therein. (2) (a) Before an inspector enters a part of any place which part is used exclusively as a dwelling-house he shall, save where he has the permission of the occupier of that part to his entry, obtain from a justice a warrant to enter. (b) A justice who is satisfied upon the complaint of an inspector that there is reasonable cause to suspect- (i) that in any place an offence against this Act has been, is being or is likely to be committed; (ii) that there is in any place any thing in respect of which an offence against this Act has been, is being or is likely to be committed, may issue his warrant directed to the inspector to enter the place named in the warrant for the purpose of exercising therein the powers conferred upon an inspector under this'Act. (c) A warrant shall be, for the period of one month from the date of its issue, sufficient authority for the inspector and all persons acting in aid of him- (i) to enter the place specified in the warrant; and (ii) to exercise therein the powers conferred upon an inspector by or under this Act. (d) In this subsection premises that are used as a dwelling-house do not include the curtilage of those premises. (3) For the purpose of gaining entry to a place an inspector may call to his aid such persons as he thinks necessary and those persons, while acting in aid of an inspector in the lawful exercise by him of his power of entry, shall have a like power of entry. (4) An inspector who takes a sample in the exercise of a power conferred by subsection (1) shall, before submitting it for examination, grading, testing or analysis, deal with the sample in the prescribed manner. (5) For the purposes of this Act, an inspector shall have and may exercise all or any of the powers and authorities and shall perform the functions and duties of an inspector under the- (a) Stock Act1915-1976; (b) Health Act1937-1976; (c) Milk Supply Act1977.

Dairy Produce Act 1978, No. 35 293 (6) Where dairy produce is received, manufactured, carried, handled or sold during the night-time, an entry and inspection pursuant to this section may be made at all reasonable times during the day-time or night-time but otherwise such entry and inspection shall be made at all reasonable times during the day-time. (7) A person is not obliged under this Act to answer any question or give any information or evidence tending to criminate him. 26. Powers of inspector as to unclean premises . (1) Where after inspection made pursuant to this Act, an inspector is satisfied that- (a) in any case the area within the boundary fences of the land constituting a dairy is less than one hectare; (b) any dairy produce premises are in an unclean or unwholesome condition or are otherwise unfit for the purposes for which they are being used; (c) any plant, machinery, equipment, apparatus, utensil, material or thing on any dairy produce premises is in an unclean or unwholesome condition or is otherwise unfit for the purpose for which it is used; (d) any stock in or on a dairy are affected with a disease; (e) any person employed in connexion with dairy produce premises is affected with a disease; (f) the water supply from which water is obtained and used in connexion with the manufacture of dairy produce on any dairy produce premises is impure or unwholesome; (g) ingredients or materials found on any dairy produce premises are prohibited ingredients or materials or are otherwise unfit to be used in the manufacture of dairy produce, he may, by notice in writing given in the prescribed form, require the owner of the dairy produce premises to comply within the time specified with every direction or order contained in the notice. (2) An inspector, by a notice pursuant to subsection (1), may direct that- (a) in the case of a dairy to which subsection (1) (a) refers, the dairy be closed; (b) the dairy produce premises or any plant, machinery, equipment, apparatus, utensils, materials or things therein or thereon be cleaned, disinfected and rendered wholesome to the satisfaction of the inspector; (c) the dairy produce premises, plant, machinery, equipment, apparatus, utensils, materials or things be not used in connexion with dairy produce during the period specified in the notice or until the inspector is satisfied that it or, as the case may be, they is or are fit for such use; (d) the supply of water be discontinued and a supply of water of a standard approved by the Director be obtained and used in its stead; (e) the use of any ingredients or materials referred to in subsection (1) (g) be discontinued; (f) any person affected with a disease be effectively segregated; (g) any diseased stock be dealt with in the manner authorized by the Stock Act1915-1976; (h) dairy produce be not removed from the dairy produce premises during a period specified in the notice.

294 Dairy Produce Act 1978, No. 35 (3) (a) A notice containing a direction authorized by subsection (2) (f) shall not be given unless the inspector has first obtained from the Government Medical Officer of the district in which the dairy produce premises are situated or, in his absence from any cause, some other legally qualified medical practitioner a certificate that the person concerned is affected with a disease. (b) A notice given after compliance with paragraph (a) shall continue in force until the person in respect of whom the notice is given produces to the inspector a certificate from a legally qualified medical practitioner that he is free from disease. 27. Power of inspector to detain certain dairy produce or other things. (1) Where after inspection made pursuant to this Act an inspector is satisfied that- (a) dairy produce- (i) is being or has been produced, removed, sold, supplied or carried contrary to this Act; (ii) does not comply with the prescribed standard; (b) a preserving agent, colouring agent, disinfectant or other material used or intended to be used in connexion with the manufacture or holding of dairy produce does not comply with this Act or the prescribed standard or by reason of its composition is unsuitable for such use, he may by his order detain the dairy produce, agent, disinfectant or other material in question. (2) Where any dairy produce, agent, disinfectant or other material is detained pursuant to this section, the Minister may permit the owner thereof within such time as is determined by the Minister to treat that dairy produce, agent, disinfectant or other material in such manner as will make it comply with the prescribed standard or to take such other action with respect thereto as will ensure compliance with this Act. Upon such compliance to the satisfaction of the Director, the Minister may direct that the dairy produce, agent, disinfectant or other material in question be no longer detained and a direction so given has effect accordingly. (3) Dairy produce or other thing detained pursuant to this section may by a subsequent order of an inspector be condemned. 28. Power of inspector to condemn in the first instance certain dairy produce, equipment and the like. (1) Where an inspector is satisfied that- (a) dairy produce inspected by him is unfit for consumption by humans; (b) any equipment, apparatus or utensil used in connexion with dairy produce is faulty or does not comply with the prescribed standard, he may by his order condemn that dairy produce or, as the case may be, equipment, apparatus or utensil. (2) Dairy produce or other thing condemned under this Act shall thereupon become the property of the Crown and shall be disposed of as prescribed or so far as not prescribed as the Minister directs. 29. Duty of inspector upon making an order. An inspector shall as soon as practicable after making an order under this Act furnish to the Director full particulars thereof.

Dairy Produce Act 1978, No. 35 295 30. Power of inspector to require assistance and information . (1) Upon demand made in that behalf by an inspector, an owner or manager of dairy produce premises or a vendor or the person in charge of a vehicle or vessel- (a) shall furnish to the inspector a list of the names of persons- (i) who supply to that owner, manager, vendor or, as the case may be, person in charge, dairy produce; (ii) to whom that owner, manager, vendor or, as the case may be, person in charge supplies or intends to supply dairy produce; (b) shall render to the inspector such assistance and furnish to him such information as he is able with a view to aiding the inspector in determining the cause of any defect or deterioration in the dairy produce or any source of contamination, infection or disease to which stock or dairy produce may be exposed. (2) The Director or an officer authorized by him in that behalf may require the owner of any dairy produce premises in, to or on which dairy produce is treated, carried or held to furnish to him information specifying the sources of supply of dairy produce received or sold by that owner and the names of persons to whom dairy produce is or will be sold or otherwise supplied. 31. Offences with respect to inspectors and other officers. A person- (a) shall not assault, obstruct, threaten, abuse, insult or intimidate an inspector or other officer in the exercise of his powers or authorities or the discharge of his functions or duties under this Act or attempt so to do; (b) shall not fail to answer any question put to him for the purposes of this Act by an inspector or other officer or give a false or misleading answer to any question so put; (c) shall not fail to comply with a lawful direction or order of an inspector; (d) shall not, when required by or under this Act to render assistance or furnish information, fail to do so, or furnish information that is false or misleading; (e) shall not fail, without reasonable excuse proof whereof shall lie upon him, to produce a permit, certificate or authority under this Act that he is required under this Act to produce or fail to allow an inspector to make a copy of or an extract from a permit, certificate or authority; (f) shall not fail, upon demand made, to produce to an inspector for inspection or examination any book, account, record or document required or authorized under this Act to be produced or fail to allow an inspector to make a copy of or an extract from any book, account, record or document so produced; (g) shall not prevent a person from appearing before or being interrogated by an inspector or attempt so to do. 32. Duty of analyst. (1) An analyst shall, as soon as practicable after receipt by him of a sample taken by an inspector in the exercise of a power conferred upon him by or under this Act, analyse the sample and give to the inspector concerned a certificate in the prescribed form of the results of the analysis, signed by the analyst.

296 Dairy Produce Act 1978, No. 35 (2) An analyst who, for the purposes of this Act, carries out an analysis on any dairy produce, ingredient or material (including water) used in connexion with the manufacture thereof shall, where a method of analysis has been prescribed in any particular case, follow that method and certify accordingly in the certificate of analysis given by him. (3) Upon application made to him, an analyst who carries out an analysis of any dairy produce, ingredient or material (including water) shall give to the person from whom the sample was taken a copy of the result of that analysis. (4) A person shall not use for trade purposes or as an advertisement- (a) a copy of the results of an analysis made for the purposes of this Act; (b) a communication received from a department of the Government of the State with respect to dairy produce, any ingredient or material (including water) used in the manufacture thereof or any other matter to which this Act relates. Penalty: $200. PART VI-OFFENCES 33. Canvassing for milk or cream . A person who, by any advertisement, pamphlet or writing of any kind or speech displayed or announced by means of transmission of sound or light or any other means, canvasses or touts or does anything calculated or intended to induce any producer or owner to divert his supply or part thereof of milk or cream from one factory to another commits an offence against this Act. Penalty: $200. 34. Blending or mixing milk or cream . A person shall not blend or mix milk or cream produced by him in or on a dairy with milk or cream produced by a person in or on another dairy. Penalty: $200. 35. Defrayal of transport costs. An owner of a factory or depot shall not, without the approval of the Minister first had and obtained, defray or enter into an agreement or arrangement with any person to defray, whether by way of payment by the owner of the factory or depot concerned to that person of a subsidy or by any other way, the whole or a part of the cost of the transport of dairy produce to that factory or depot. Penalty: $500. 36. Diversion of supply. (1) An owner of a dairy shall not divert or permit, suffer or allow to be diverted from one factory to another the supply of milk or cream produced in or on that dairy or a part thereof unless he has first given to the owner of the factory from which the supply or part is to be diverted 28 days' notice in writing in the prescribed form of his intention to do so. Penalty: $500.

Dairy Produce Act 1978, No. 35 297 It is a defence to a charge of an offence against this subsection to prove that the diversion of the supply of milk or cream out of which the charge arose was caused by adverse weather conditions or some other circumstances of sudden or extraordinary emergency. (2) An owner of a factory shall not take delivery of milk or cream that has been diverted to his factory from another factory in contravention of subsection (1). Penalty: $500. 37. Offences by employees with respect to marks. A person being an employee of a manufacturer or packer of dairy produce- (a) shall not hire or lend to any other person; (b) shall not connive at or engage in any activity that constitutes a fraudulent evasion of this Act with respect to, the marks or marking instruments of his employer. Penalty: $500. 38. Forgery and like offences. A person- (a) shall not forge or counterfeit any permit, certificate or authority under this Act; (b) shall not utter any permit, certificate or authority so forged or counterfeited; (c) shall not personate a person named in any permit, certificate or authority under this Act; (d) shall not alter, obliterate or deface in any way an inspector's mark or a registered factory mark put on dairy produce that has been inspected or on a package containing that dairy produce; (e) shall not forge or counterfeit any inspector's mark or registered factory mark; (f) other than an inspector, shall not put on dairy produce or a package containing dairy produce a mark purporting to be an inspector's mark; (g) other than a manufacturer or packer, shall not put on dairy produce or a package containing dairy produce a mark purporting to be a registered factory mark; (h) shall not empty or remove any of the contents from a package containing dairy produce that has been inspected with intent to put into that package dairy produce of the same or any other kind not contained in the package at the time of the inspection; (i) shall not use for the purpose of packing dairy produce a package that has been previously used for that purpose or is designed for use for any other purpose unless all marks placed thereon have been firstly erased. Penalty: $1 000 or imprisonment for one year. 39. Sale of dairy produce of inferior standard , passing off. (1) A person shall not sell- (a) as milk, a substance that is not pure milk unless- (i) the substance is sold as separated milk; and (ii) the person at the time of the sale informs the person to whom that substance is sold, in writing if so required, that the substance is separated milk;

298 Dairy Produce Act 1978, No. 35 (b) sweetened condensed milk that contains a percentage of butter-fat or solids other than butter-fat less than that prescribed with respect thereto unless- (i) it is sold as condensed separated milk; and (ii) every package containing it, whether the sale is by wholesale or retail, is marked as prescribed; (c) dairy produce that does not comply with prescribed standards; (d) an ingredient or other substance used in the manufacture, storage or carriage of dairy produce that does not comply with prescribed standards. Penalty: $500. (2) A person shall not buy dairy produce that does not comply with prescribed standards. Penalty: $500. 40. Sale of unsound dairy produce. A person shall not sell- (a) dairy produce condemned by an inspector; (b) dairy produce that is unfit for consumption by humans; (c) dairy produce that does not comply with prescribed standards; (d) milk or the cream from milk that has been drawn from a mammal- (i) that is known or suspected by that person or an inspector to be affected with a disease; (ii) that has been segregated pursuant to this Act; (iii) during the period of 15 days immediately preceding or the period of 10 days immediately following parturition; (e) as dairy produce, a product that has been produced by or with the help of a person who, upon demand by an inspector, fails to furnish to that inspector a certificate of a legally qualified medical practitioner certifying that the person is free from disease. Penalty: $500. 41. Sale of milk obtained by mixing milk of different species of mammals or dairy produce manufactured from that milk. (1) A person shall not sell- (a) milk that consists of a mixture of the milk obtained from different species of mammals; (b) milk that consists of a mixture of the milk obtained from one species of mammal and a product of the milk of another species of mammal; (c) dairy produce manufactured from milk obtained by mixing the milk of different species of mammals. Penalty: $500. (2) A person shall not sell milk or other dairy produce manufactured from milk obtained from any species of mammal unless it is described and the package containing it is labelled as milk obtained from that species or, as the case may be, dairy produce manufactured from milk obtained from that species. Penalty: $500.

Dairy Produce Act 1978, No. 35 299 (3) This section does not apply to milk or dairy produce manufactured from the milk of the species of cattle Bos taurus or Bos indicus or a cross-breed thereof. 42. Adulteration of dairy produce. (1) Subject to this subsection, a person shall not mix with, add to or use in dairy produce an extraneous ingredient of any kind. Penalty: $500. Nothing in this subsection prevents a person, during any process in or connected with the manufacture of dairy produce, from mixing therewith, adding thereto or using therein pure sugar, common salt or any coagulative, colouring or emulsifying agent, living culture or ripening ferment approved by or under the Health Act1937-1976. (2) A person shall not sell dairy produce that contains any ingredient mixed therewith, added thereto or used therein in contravention of subsection (1). Penalty: $500. PART VII-GENERAL PROVISIONS 43. Accounts and records . (1) The owner of a factory or depot shall with respect to that factory or depot keep accurately such accounts, books and records of receipts and expenditure and such other documents and writings as are prescribed or so far as not prescribed as the Minister determines. (2) The owner of a factory or depot shall, as soon as practicable after the expiration of each period of twelve months that constitutes the financial year with respect to that factory or depot, furnish to the Minister financial statements in the form of trading and profit and loss accounts for that financial year and a balance sheet as at the close of that year. 44. Restriction on agency . (1) A managing director, manager or other governing officer by whatever name called of a body corporate that controls or conducts a factory or depot or any other person in the employ of a body corporate shall not, save with the approval of the body corporate first had and obtained, accept or agree to accept an agency or act or agree to act as an agent or accept or agree to accept for his own use a fee, reward, gratuity, remuneration, benefit or commission of any kind for, in respect of or in connexion with- (a) the building, erection or construction of dairy produce premises; (b) the supply or installation of any plant, machinery or equipment for or in dairy produce premises; (c) the insurance of any building, structure, premises, vehicle, vessel, plant, machinery, equipment or apparatus used in connexion with dairy produce premises; (d) the purchase or sale of any vehicle, vessel, plant, machinery, equipment, apparatus, goods or articles required for or used in connexion with dairy produce premises; (e) the insurance of the produce of dairy produce premises. Penalty: $2 000. (2) An approval referred to in subsection (1) shall be signified by a resolution duly passed at a properly constituted meeting of directors and duly recorded, together with the terms, conditions or restrictions made applicable to the appointment as agent, in the minutes of that meeting.

300 Dairy Produce Act 1978, No. 35 The secretary, manager or other principal officer of a body corporate shall, within 14 days after the granting of an approval, give notice thereof to the Director together with the terms, conditions or restrictions to which the approval is subject. (3) An agent or person accepting or agreeing to accept a payment referred to in subsection (1) shall keep and at all times maintain records of all transactions in which he engages as agent or in respect of which he accepts or agrees to accept any payment. Upon demand in writing made by the Minister or a person authorized by him in that behalf, an agent or other person referred to in this subsection shall produce to the Minister or authorized person for examination or audit or such other purposes as are prescribed such records. (4) The Minister may, at any time for any good and sufficient reason and without disclosing that reason, cancel an approval of which notice has been duly given to him pursuant to subsection (2) and thereupon that approval shall cease to be of any force or effect. (5) A person who contravenes or fails to comply with a provision of subsection (2) or (3) commits an offence against this Act and is liable upon conviction- (a) if a body corporate, to a penalty of $500; (b) if a person other than a body corporate, to a penalty of $200. 45. Power to carry out works upon refusal or neglect of owner. (1) Where an owner of dairy produce premises refuses or neglects to obey any order or direction of an inspector, a stipendiary magistrate sitting as a Magistrates Court under the Justices Act1886-1977, upon the complaint of the inspector, may make an order directing and authorizing the inspector to carry out, at the expense of the owner, any work that the owner was required to carry out under the order or direction and the inspector shall cause the work to be carried out accordingly. (2) The Director may recover the costs, charges and expenses involved in carrying out work under this section as a debt due to the Crown by action brought by him in a court of competent jurisdiction in the name of the office he occupies as Director. (3) All costs, charges and expenses to which this section refers shall, until payment is made, be and remain a first charge upon the dairy produce premises or dairy produce the product of those premises, notwithstanding any change in the ownership thereof. The procedure upon registration of a charge pursuant to this subsection shall be as prescribed. 46. Duty of owner to notify disease and take precautions. (1) An owner of a dairy who ascertains that stock at that dairy are affected with a disease- (a) shall immediately- (i) give notice thereof to the nearest inspector or the Director; (ii) draft out and keep separate and apart stock so affected from stock not so affected; (b) shall not mix milk or cream obtained from such diseased stock with other milk or cream; (c) shall not sell or use dairy produce obtained from such diseased stock. Penalty: $500.

Dairy Produce Act 1978, No. 35 301 (2) An owner of any dairy produce premises or a vehicle or vessel used in connexion with dairy produce who ascertains that any person therein or thereon is affected with a disease or who has reasonable grounds for suspecting that any person therein or thereon is affected with a disease- (a) shall immediately give notice thereof to the nearest inspector or the Director; (b) shall as far as practicable segregate and keep segregated all persons so affected or suspected to be so affected. Penalty: $500. 47. Appeal against certain decisions of an inspector . (1) A person aggrieved by an order or decision of an inspector, save an order to cleanse or to remove or segregate a person affected with a disease or a decision with respect to grading, may appeal therefrom in the manner prescribed to a Magistrates Court under the Justices Act1886-1977. The court shall hear and determine the matter and its decision thereon shall be final and conclusive. By way of determining the appeal, the court may confirm or set aside the order or decision of the inspector the subject of the appeal and may make in its stead any order or decision that an inspector could properly have made under this Act with respect to the matter in question and may make such order as to costs as it thinks just. (2) A person aggrieved by a decision of an inspector with respect to grading may appeal to the Director therefrom in the manner prescribed. In determining the appeal the Director may confirm or set aside the decision of the inspector the subject of the appeal and may make in its stead any decision with respect to grading that an inspector could properly have made. 48. Cancellation , revocation or suspension of permit, certificate or authority . (1) The Minister, at any time during the currency of any permit, certificate or authority granted and issued under this Act- (a) may cancel or revoke; (b) may suspend for such period as he thinks fit not exceeding the balance of the term thereof, that permit, certificate or authority if- (c) it was issued in error or granted in consequence of a false or fraudulent document, statement or representation; (d) the holder thereof- (i) is convicted of an offence against this Act; (ii) fails to comply with any term or condition thereof; (e) there has been a substantial change of circumstances since the grant thereof; or (f) for any other reason the Minister is of opinion that the holder thereof is not a fit and proper person to hold it or that it is in the interests of the dairy industry to do so. The power to cancel, revoke or suspend any permit, certificate or authority conferred by this subsection includes power to cancel, revoke or suspend the operation of any part thereof or any endorsement thereon.

302 Dairy Produce Act 1978, No. 35 (2) A cancellation, revocation or suspension under this section- (a) is final and conclusive and not subject to appeal; (b) does not confer upon the holder thereof a right to compensation. (3) Where any permit, certificate or authority under this Act or part thereof or endorsement thereon is suspended, it or, as the case may be, the part or endorsement suspended shall be of no force or effect during the period of suspension and shall remain in force only for the period during which it would have remained in force but for the suspension. (4) (a) Where any permit, certificate or authority under this Act is cancelled, revoked or suspended, the person to whom that permit, certificate or authority was issued shall within seven days after demand made upon him deliver it up to the Director. (b) If a person who is convicted of an offence that consists of a failure to comply with a demand made pursuant to this section fails to deliver up the permit, certificate or, as the case requires, authority within 14 days after the date of that conviction, he commits a further offence and is liable to a penalty of $10 for every day during which that offence continues. 49. Offences generally and penalty. (1) A person who contravenes or fails to comply with any provision of this,. Act commits an offence against this Act. (2) A person who- (a) fails to do that which he is directed or required to do; (b) does that which he is forbidden to do, by a person acting under the authority of this Act commits an offence against this Act. (3) Where no penalty is expressly provided, a person who commits an offence against this Act is liable to a penalty of $300. 50. Proceedings for offences . (1) A prosecution for an offence against this Act- (a) shall be taken by way of summary proceedings under the Justices Act1886-1977 within two years after the offence is committed or within 12 months after the offence comes to the knowledge of the complainant whichever period is the later to expire; (b) may be instituted by the Director or person authorized in writing in that behalf by the Minister. (2) Notwithstanding this Act or any other Act, in a proceeding on a complaint, the court may make an order on any matter within its jurisdiction though no application or complaint is made in respect thereof. 51. Liability for offence by body corporate . (1) Where a body corporate commits an offence against this Act, each of the following persons shall be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly:- (a) the person who at the time the offence is committed was the chairman of directors, managing director, manager or other governing officer by whatever name called or other member of the governing body thereof by whatever name called; and (b) every person who at the time the offence is committed manages or acts or takes part in the management, administration or government of the business in Queensland thereof.

Dairy Produce Act 1978, No. 35 303 (2) This section applies so as not to limit or affect in any way the liability of a body corporate to be proceeded against and punished for an offence against this Act committed by it. (3) It is a defence to a charge of an offence against this Act brought against a person specified in subsection (1) (a) or (1) (b) to prove that the offence was committed without that person's consent or connivance and that he exercised due diligence to prevent the commission of the offence. 52. Liability for offence by agent or employee. (1) Notwithstanding sections 7 and 23 of The Criminal Code or any other Act, law or practice, where a person commits an offence against this Act as an agent or employee, the principal or, as the case may be, employer of that person shall be deemed to have taken part in committing the offence and to be guilty of the offence and may be charged with committing the offence. It is immaterial that the offence was committed without the authority or contrary to the instructions of the principal or employer. (2) A person is not liable to be convicted for an offence against this Act committed by him as an employee if he satisfies the court that the offence was committed while the business of his employer was being conducted under the personal superintendence of that employer or of a manager or other representative of that employer and that the offence was committed with the knowledge of that employer, manager or representative. (3) Save as provided by subsection (2), this section applies so as not to prejudice liability imposed under this Act on any person by whom an offence against this Act is actually committed. 53. Protection of Crown , Minister and officers . Liability at law shall not attach to the Crown, the Minister, Director, any inspector or other officer or person acting with the authority of the Minister, Director, any inspector or other officer on account of anything done for the purposes of this Act or done in good faith and purporting to be for the purposes of this Act. 54. Mode of service of documents . A notice, requisition or other writing required by this Act to be given to any person shall be duly given if- (a) it is served personally upon the person to whom it is directed; (b) it is left at the place of residence or business of the person to whom it is directed last known to the person who gives it; (c) it is sent by post to the place of residence or business of the person to whom it is directed last known to the person who gives it. 55. Evidentiary provisions . (1) In a proceeding for the purposes of this Act- (a) it shall not be necessary to prove the appointment of the Director or any inspector, analyst or other officer or his authority to do any act, take any proceeding or give any order or direction; (b) a signature purporting to be that of the Director, any inspector, analyst or other officer shall be taken to be the signature it purports to be until the contrary is proved;

304 Dairy Produce Act 1978, No. 35 (c) a document purporting to be a copy of any permit, certificate or authority under this Act shall, upon its production in that proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of that permit, certificate or authority; (d) a document purporting to be signed by the Director stating that at a specified time or during a specified period there was or was not in force any permit, certificate or authority under this Act as described in the document granted or given to a specified person or in respect of a specified thing and that such permit, certificate or authority was or was not subject to the terms, conditions or restrictions set out in the document shall, upon its production in that proceeding, be evidence and, in the adsence of evidence to the contrary, conclusive evidence of the matters contained in that document; (e) a certificate purporting to be signed by a person authorized to grant it shall, upon its production in that proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in that certificate; (f) a certificate purporting to be signed by the Director certifying as to the receipt or otherwise of -a notice, application or payment or that an amount of fees or other moneys specified in the certificate is payable under this Act by a specified person and has not been paid shall, upon its production in that proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in that certificate; (g) a certificate or document relating to a motor vehicle purporting to be issued under the Main Roads Act 1920-1975 shall, upon its production in that proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in that certificate or document and that the person named therein as the person in whose name the motor vehicle is registered was the person using the motor vehicle at the material time or during the material period. (h) an allegation or averment in a complaint- (i) that any place is or that any act, matter or thing was done or omitted within a specified district; (ii) that any person, vehicle, vessel or dairy produce premises was or were or was or were not at any material time registered, authorized or approved under this Act; (iii) that dairy produce was at a time specified manufactured by any person; (iv) that a specified substance is or is not dairy produce within the meaning of this Act; (v) that any permit, certificate or authority required by or under this Act to be obtained was not duly obtained by the person required to obtain it; (vi) of the date on which the commission of an offence against this Act came to the knowledge of the complainant, shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of that averment; (i) the onus of proof that dairy produce was not sold or, as the case requires, was fit for consumption by humans shall be upon the person charged with the offence.

Dairy Produce Act 1978, No. 35 305 (2) Where, in respect of a proceeding for an offence against this Act a copy of a certificate of analysis, (a) if obtained on behalf of the prosecution , is served with the summons; or (b) if obtained on behalf of the defendant , is given to the prosecutor at least three clear days before the return day, then , subject to subsection ( 3), the certificate a copy of which has been so served or given purporting to be under the hand of an analyst shall, upon its production in the proceeding , be sufficient evidence of the facts stated therein. (3) Where a certificate of analysis is or is proposed to be produced pursuant to subsection ( 2), the court may, if it is satisfied ( whether or not upon application made in that behalf ) that in the circumstances of the case the analyst who issued the certificate should be called as a witness, order that the analyst be called as a witness by the party producing or proposing to produce the certificate and may grant an adjournment for that purpose. (4) Where the court orders pursuant to subsection ( 3) that an analyst be called as a witness, it shall adopt such procedure as to it seems just and equitable to enable the analyst to be called and to be examined by the parties irrespective of the stage reached in the proceedings. (5) This section does not prejudice or in any way affect other means of proving the elements of an alleged offence or lessen or affect the onus of proof falling on an offender. 56. Orders in Council . Section 28A of the Acts Interpretation Act1954-1977 (Tabling of Regulations) shall apply with respect to Orders in Council made for the purposes of this Act and, for the purposes of such application, that section shall be read and construed as if references to regulations were references to Orders in Council made for the purposes of this Act. 57. Regulations . (1) The Governor in Council may make regulations, not inconsistent with this Act, for or with respect to all or any of the purposes, matters or things set forth in the Third Schedule. (2) The power to regulate includes the power to prohibit. (3) Regulations may be made to apply generally throughout the State or within any locality in the State or with respect to any class of person, matter or thing to apply generally or to be of such limited application as is indicated therein. (4) The regulations- (a) may provide that in cases specified therein, whether on conditions so specified or unconditionally, persons, acts, matters or things or a class of persons, acts, matters or things may be exempted from the provisions of the regulations either wholly or to such extent as is so specified; (b) may adopt wholly or partly and specifically or by reference any of the standard rules, codes or methods relating to the dairy industry of any specified body or institution; (c) may require any matter or thing to be verified by statutory declaration.

306 Dairy Produce Act 1978, No. 35 FIRST SCHEDULE [s. 4] Year and Number of Act Short Title Extent of Repeal 10 Geo. V No. 15 23 Geo. V No. 22 25 Geo. V No. 11 26 Geo. V No. 25 2 Geo. VI No. 13 2 Geo. VI No. 24 3 Geo. VI No. 18 4 Geo. VI No. 11 5 Geo. VI No. 19 8 Geo. VI No. 13 9 Geo. VI No. 6 1 Eliz. II No. 6 8 Eliz. II No. 13 1963 No. 37 1974 No. 35 The Dairy Produce Act The whole of 1920 The Dairy Produce Act The whole Amendment Act of 1932 The Dairy Produce Acts (a) The heading immedi- and Other Acts ately preceding section Amendment Act of 1934 2 (b) Sections 2 to 9, both inclusive The Dairy Produce Acts The whole Amendment Act of 1935 The Dairy Produce Acts The whole Amendment Act of 1938 The Dairy Produce Acts The whole Amendment Act of 1938 (No. 2) The Dairy Produce Acts The whole Amendment Act of 1939 The Diseases in Stock (a) In section 2 the words Acts and Other Acts " PART III- Amendment Act of 1940 AMENDMENT OF " THE DAIRY PRODUCE ACTS, 1920 TO 1939 ";" (b) Section 12 comprising Part III and the heading immediately preceding that section The Dairy Produce Acts The whole Amendment Act of 1941 The Dairy Produce Acts The whole Amendment Act of 1944 The Diseases in Stock (a) In section 2 the words Acts and Another Act " PART III- Amendment Act of 1944 AMENDMENTS OF " THE DAIRY PRODUCE ACTS, 1920 TO 1944." " (b) Sections 9 and 10 comprising Part III and the heading immediately preceding section 9 The Dairy Produce Acts The whole Amendment Act of 1952 The Dairy Produce Acts The whole Amendment Act of 1959 The Dairy Produce Acts The whole Amendment Act of 1963 Margarine Act and Another Section 14 Act Amendment Act 1974

Dairy Produce Act 1978, No. 35 307 SECOND SCHEDULE [S. 9] Diseases affecting humans- Brucellosis, diphtheria, erysipelas, leptospirosis, measles, scarlet fever, skin diseases, smallpox, tuberculosis, typhoid fever, venereal diseases, infectious hepatitis. Diseases affecting stock- Abscesses, actinomycosis, anthrax, blackleg, brucellosis, cowpox, ephemeral fever, foot and mouth disease, leptospirosis, malignant catarrh, malignant growths (cancer), mastitis (udder and teat inflammation), melioidosis, rinderpest, tick fever, tuberculosis, vibriosis. THIRD SCHEDULE [s. 57] SUBJECT MATTER FOR REGULATIONS 1. Persons administering Act. The powers, authorities, functions and duties of persons engaged in the administration of this Act. 2. Qualifications . The qualifications of- (a) inspectors, analysts and other officers; (b) persons employed in the manufacture, grading or testing . of dairy produce at dairy produce premises; (c) persons employed in the examination, testing or analysis of dairy produce or in carrying out other procedures with respect thereto at dairy produce premises or laboratories. 3. Assessment of qualifications . The means by which qualifications of any person are assessed for the purposes of this Act whether by examination or otherwise. 4. Examinations . The holding of and all other matters and things in connexion with examinations and the persons required or eligible to sit for them; fees payable by examinees; appointment of examiners. 5. Issue and revocation of certificates . Issue and revocation of certificates of competency in respect of persons employed or to be employed as laboratory technicians, makers, graders and testers of dairy produce and in the manufacture of dairy produce or the carrying out of other procedures with respect thereto and the terms and conditions upon which those certificates may be issued or revoked. 6. Permits , certificates or authorities . Applications for and the grant and issue of permits, certificates or authorities under this Act and duplicates thereof, eligibility of and the qualifications entitling persons to hold and the prohibitions against persons not qualified or eligible as prescribed from obtaining or holding such permits, certificates or authorities and the circumstances in which exemption from such prohibitions may be granted; the terms, conditions or restrictions subject

308 Dairy Produce Act 1978, No. 35 to which permits, certificates or authorities under this Act are granted and issued; the surrender, transfer, renewal, revocation, cancellation, suspension or endorsement of such permits, certificates or authorities. 7. Carriers . Prescription of conditions governing acceptance of tenders submitted by carriers of dairy produce; the forms, dockets, way-bills, invoices and agreements for use by factories or carriers in respect of the carriage of dairy produce; imposition of terms, conditions or restrictions with respect to the carriage of dairy produce; the methods of payment to carriers of dairy produce. 8. Vendors . Imposition of terms, conditions or restrictions with respect to the registration under this Act of vehicles used by vendors of dairy produce. 9. Routes and milk runs . Declaration, notification and definition of milk routes, cream routes and milk runs for the purposes of this Act; the terms, conditions or restrictions with respect to the carriage of dairy produce, thereon or therein. 10. Records and returns . Records to be kept and returns, statements, lists or other documents to be furnished by holders of permits, certificates or authorities under this Act; requirements as to keeping and inspection of those records; the forms of those returns, statements, lists or other documents; the persons to whom, the intervals of time at which and the times within which they are to be furnished. 11. Advisory and other committees . Constitution, duration, appointment, membership, terms of office of members of advisory committees and other committees; their powers, authorities, functions and duties, their business and proceedings. 12. Premises . The buildings and structures to be erected for or with respect to dairy produce premises and other premises under this Act and the sites thereof; the construction, drainage, ventilation, cleansing, painting, lime washing, disinfection and use of dairy produce premises and other premises under this Act and of vehicles and vessels used for or in respect of dairy produce; nature, design, construction, suitability, situation and use of the buildings, structures, vehicles and vessels necessary for or with respect to dairy produce premises; materials to be used in the construction of dairy produce premises. 13. Plant , machinery and the like. Regulation and control of the erection, installation and use in or in connexion with dairy produce premises of plant, machinery, equipment and apparatus and the nature, design, construction, suitability, situation and use thereof on those premises; prescription of standards for plant, machinery, equipment and apparatus for use in or in connexion with dairy produce premises. 14. Restriction of use of premises . Restriction of the use of dairy produce premises or part thereof solely to certain purposes; prohibiting the use of dairy produce premises or part thereof for purposes other than those prescribed with respect thereto; requiring buildings and structures on dairy produce premises to be used for the purposes for

Dairy Produce Act 1978, No. 35 309 which their erection is prescribed and prohibiting the use therein or thereon of any building or structure other than the prescribed building or structure for a purpose for which the prescribed building or structure is required. 15. Sanitary conveniences , poultry pens and manure heaps. The construction, situation and condition of sanitary conveniences in or on dairy produce premises and prohibition of cesspools or cesspits therein or thereon; regulation and control of the situation of poultry pens and manure heaps in, on or near dairy produce premises. 16. Prevention of disease, diseased stock . Precautions to be taken against the introduction or spread of disease in or on dairy produce premises; the use, control or treatment of stock affected with a disease or stock suspected of being so affected in or on dairy produce premises; the taking and application of tests for the detection of disease in. stock. 17. Swine. Regulation, control or prohibition of the keeping of swine in or on dairy produce premises or in the vicinity thereof or of any open water supply used for those premises; construction and situation of pigsties and the conditions under which swine and other domestic animals are kept or enclosed on dairy produce premises; provision for requirements preventing swine from becoming a nuisance to dairy produce premises. 18. Water supply pollution and drainage . Prevention of the pollution of the water supply of dairy produce premises; regulation and control of drainage from places where stock or swine are kept in cases where dairy produce premises or an open water supply in connexion therewith may be prejudicially affected. 19. Branding of stud book female stock . Prescription of the marks with which female stock registered in an approved herd book (which stock are eligible for a butter-fat test respecting entries in the advanced register of that herd book and have fulfilled the requirements of the official test approved in their case) shall be marked and the positions of those marks and the marks with which progeny of female stock marked as prescribed may be marked and the positions of those marks. 20. Utensils , appliances , packages . The regulation and control of the design, construction, size and use of utensils, appliances and packages used in connexion with dairy produce; materials to be used in the construction thereof, labelling of packages containing dairy produce or products thereof or substances used in the manufacture of dairy produce. 21. Whey and rennet . The removal, sterilisation and treatment of whey; prescription of standards for the composition of rennet and prohibition of the sale of other ingredients under that name.

310 Dairy Produce Act 1978, No. 35 22. Treatment , storage , carriage of dairy produce. Inspection of dairy produce premises and equipment and utensils used or intended for use in the treatment, storage or carriage of dairy produce; methods of controlling the temperature of dairy produce and the temperature at which dairy produce shall be kept whilst in store or during transit; imposition of terms, conditions or restrictions with respect to the quality, treatment, delivery, storage, supply, carriage and holding for sale of dairy produce. 23. Pasteurisation and other procedures . Regulation and control of the treatment of and other procedures in connexion with dairy produce including ultra heat treatment, pasteurisation, neutralisation, homogenisation, standardisation, modification, clarification, filtration, cooling, aeration and straining of dairy produce including, but without limiting the generality of this provision, methods in accordance with which such treatment or all or any of those procedures may be carried out. 24. Preservatives , colouring and other materials . The use of preservatives or coagulative, colouring or emulsifying agents, living cultures or ripening ferments that have been approved as additives to dairy produce. 25. Analyses. Methods of analyses with respect to dairy produce premises and water and ingredients used in the manufacture thereof; equipment to be used for the purposes of analyses. 26. Inspection , sampling and testing of dairy produce. Inspection of dairy produce, water and other ingredients or materials used in the manufacture thereof, the periodical sampling, testing and check testing thereof and equipment to be used and methods to be adopted in the testing and check testing thereof; conditions on and the manner in which samples of dairy produce or water, other ingredients or materials used in the manufacture thereof may be taken and dealt with; the terms and conditions on which testing, retesting or check testing of dairy produce may be made. 27. Manufacture, quality, examination , weighing of dairy produce. The manufacture, quality, examination, weighing of dairy produce; checking of scales at dairy produce premises and the means by which such checking is carried out. 28. Marking and labelling . Description, size- and character of marks or labels to be used or affixed by inspectors, manufacturers or packers of dairy produce, owners or sellers thereof or their agents; purposes for which different marks or labels are to be used and classification thereof; registration or deregistration of marks used by manufacturers, packers, owners or sellers of dairy produce or their agents; the use of such marks on dairy produce for the purposes of indicating origin of manufacture and the quality of dairy produce in accordance with the grade thereof; procedure where dairy produce does not comply with quality as indicated by the appropriate mark or label; prohibition of misrepresentation of quality of dairy produce offered for sale by exhibit, writing or advertisement; provision for requirement that packages of dairy produce from dairy produce premises bear the appropriate mark or label; prohibition of use of marks that are not registered and marks on dairy produce other than the produce of the dairy produce premises with respect to which those marks are registered; churn marking, vat marking, date marking.

Dairy Produce Act 1978, No. 35 311 29. Standards of composition . The standards of composition and quality for dairy produce or by-products thereof or substances used in the manufacture of dairy produce and the methods to be used for determining the composition and quality of dairy produce; minimum standard of butter-fat in milk or cream; analytical and bacteriological examinations of dairy produce. 30. Grading . Grading in or on dairy produce premises or elsewhere of dairy produce intended for sale within the Commonwealth; grading of dairy produce originally intended for export beyond the Commonwealth that is withdrawn from the export market; names or designations of various grades; prescription of types or grades for the purposes of classifying dairy produce for or intended for consumption by humans; check grading of dairy produce by an inspector; prescription and authorization of the use of particular words, terms or other descriptive matter to describe types or grades of dairy produce and prohibition of the unauthorized use of any word, term or other descriptive matter so prescribed including, but without limiting the generality of this provision, such prohibition in a case where the word, term or other descriptive matter used is intended or calculated or likely to falsely represent that dairy produce is of a particular type or grade. 31. Basis of payment . The basis of payment for milk or cream supplied to factories. 32. Hygiene . Materials to be used or prohibited from use in cleansing and disinfection of equipment, utensils, vehicles or vessels used or intended for use in the manufacture, storage or carriage of dairy produce including, but without limiting the generality of this provision, quantities of materials to be used and maximum permissible residues resulting from the use of such materials. 33. Detention , condemnation and disposal of dairy produce. The detention of dairy produce at any place; condemnation of dairy produce; disposal of dairy produce that has been detained or condemned by an inspector. 34. Putrid or contaminated dairy produce. The manner of dealing with, prohibitions and restrictions on use and disposal of, putrid or contaminated dairy produce. 35. Fees. Fees payable under this Act; matters and things in respect of which fees are payable, methods of collection thereof; manner, time and place of payment thereof; all matters with respect to the recovery thereof. 36. Forms. Forms to be used for the purposes of this Act and the particular purposes for which those forms shall respectively be used. 37. Penalties . Penalties not exceeding $300 in each case for any contravention of or failure to comply with the regulations. 38. Proof of documents . The manner in which an application, recommendation, report, order, notice, requisition or other document under this Act may be proved.

312 Dairy Produce Act 1978, No. 35 39. Matters prescribed . All matters required or permitted by or under this Act to be prescribed where the manner of prescription is not specified. 40. General power . All matters that in the opinion of the Governor in Council may be convenient for the administration of this Act or necessary or expedient to achieve the objects and purposes of this Act.