Dairy Produce Acts Amendment Act of 1938 (2 Geo Vi No. 13) (Qld)

16974 CONSTITUTION-DAIRY PRODUCE. Dairy Produce Acts Amendment Act, 2 GEO. VI. No. 13, Application 3. This Act shall not extend or apply to any of Act. contract whatsoever for the sale of tickets in the" Golden Casket" Art Union which may be undertaken, executed, held, or enjoyed in the whole or in part by any person at any time on or after the date of the commencement hereof, or which, having been undertaken or executed prior to such date, may continue to be held or enjoyed in the whole or in part by any person at any time on or after such date. DAIRY PRODUCE. (1) Dairy Produce Acts Amendment Act of 1938 2 Geo. VI. No. 13 (2) Dairy Produce Acts Amendment Act of 1938 (No. 2) .. 2 Geo. VI. No. 24 2 N GE o. O. 13 V . I. An Act to Amend" The Dairy Produce Acts, 1920 to THE DAIRY PRODUCE ACTS AMENDMENT ACT OF 1938. 1935," in certain particulars, and for other purposes. [ASSENTED TO 3RD NOVEMBER, 1938.] B E it enacted by the King's Most Excellent Majesty) by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title and construc- tion. Collective tItle. 1. This Act may be cited as " The Dairy Produce Acts Amendment Act of 1938," and shall be read as one with *" The Dairy Produce Acts, 1920 to 1935," herein collectively referred to as the Principal Act. The Principal Act and this Act may collectively be cited as " The Dairy Produce Acts, 1920 to 1938." Amendments of the Principal Act. Amendment 2. Section three of the Principal Act is hereby of s. 3. amended as follows :_ (a) A new definition" Analyst" is inserted after the definition " Agent," namely:- -\nalyst. " "Analyst"-An analyst appointed in accordance with the provisions of this Act." * 10 Geo. V. No. 15 and amending Acts, supra, pages 9079 et seq.

DAIRY PRODUCE. 16975 1938. Dairy Produce Acts Amendment Act. (b) A new definition " Butter" is inserted after the definition " Bail," namely :- " "Butter"-The fatty substance obtained by Butter. the mechanical agitation of milk or cream." (c) A new definition " Chief Inspector of Stock" is inserted after the definition" Cheese," namely:- " " Chief Inspector of Stock"-The Chief Inspector Chief of Stock within the meaning of *" The Diseases ISntospcekc. tor of in Stock Acts, 1915 to 1936." " (d) The definition "Dairy produce premises" is amended by the addition thereto of the words "or where dairy utensils are held for storage and/or cleansing." (e) The following new definition is inserted after the definition" Depot," namely:- " "Director of Dairying "-The Director of Director of Dairying or the person for the time being Dairying. carrying out the duties of that office." (f) The definition of " Factory" is repealed and the following new definition is inserted in lieu thereof, namely:- " ',' Factory"-Any building, structure, or place Factory. where milk or cream is held for distribution by wholesale or is treated or pasteurised, or where butter, cheese, processed cheese, con- densed milk, dried milk, or any other product of milk or cream is treated, prepared, or manufactured." (g) A new definition" Officer" is inserted after the definition" Minister," namely:- " "Officer"-An:y person in the employ of the Officer. Crown and attached to the Department administered by the Minister." (h) A new definition " Person" is inserted after the definition "Package," namely:- " " Person"-Includes a company, partnership, or Person. any body or association of persons corporate or unincorporate." (i) The definition "Pure milk" is amended by the addition thereto of the words" or is the milk of a cow suffering from any disease." * 6 Geo. V. No. 16 and amending Acts, 8upra, pages 7015 et 8eq.

J6976 DAIRY PRODUCE. Veterinary officer. Dairy Produce Acts Amendment Act. 2 GEO. VI. No. 13, - - - . -- - -- - -~ - - . - - - - - - . - . - - - - - - (j) A new definition" Veterinary officer" is inserted after the definition" Vessel" as follows : - " "Veterinary officer "-An officer employed by the Minister who is a veterinary surgeon within the meaning of *" The Veterinary Surgeons Act of 1936." " o A f m s. en 5 d . ment as fo 3 l . loSwecst: i-on five of the Principal Act is amended (a) In subsection one after the word "inspectors" the word " analysts" is inserted. (b) In subsection two after the word "inspector, " where such word twice occurs, the word" analyst" is inserted. Amendment 4. (1.) Section six of the Principal Act is hereby of s. 6. amended as follows : - (a) Subsection one of the said section is repealed and the following new subsection one is inserted in lieu thereof, namely :- "(1.) Every owner' of dairy produce premises shall register and at all times keep registered under this Act in his own name his dairy produce premises." (b) Subsection five of the said section is repealed and the following new subsection five is inserted in lieu thereof, namely:- " (5.) No person shall- (a) Use or suffer to be used any premises as dairy produce premises unless such premises are at the time registered under this Act ; (b) Manufacture or process or commence to manufacture or process any dairy produce at a factory unless such factory is at the time registered under this Act in his name as owner; (c) Use any factory or any part thereof for the purpose of manufacturing or processing any dairy produce unless such factory is at the time of such manufacture or processing registered under this Act in his name as owner; * 1 Edw. VIII. No. 17, 8upra, page 16360.

DAIRY PRODUCE. 16977 1938. Dairy Produce Acts Amendment Act. (d) Suffer any factory registered under this Act in his name as owner or any part thereof to be used by any other person for the purpose of manufacturing or processing dairy produce; (e) Without the consent in writing of the Minister first obtained, sell or let or agree to sell or let or part with the possession of any factory registered under this Act in his name as owner or any part thereof, or share with any person the occupancy or use of any such factory or any part thereof." (c) In subsection seven of the said section all words from and including the words" If such person" to and including the words" one pound" are repealed. (d) The following new subsection numbered eight is added to the said section, namely ;- " (8.) Any person who contravenes or fails to comply with any provision of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds, and if such offence is continued after a conviction therefor liable to a further penalty of not more than five pounds for each and every day during which such offence is so continued." (2.) All dairy produce premises which at the passing Existing of this Act are registered in the name of any person as registrations. owner shall be deemed to have been so registered under the Principal Act as amended by this Act, and all of the provisions of the Principal Act as amended by this Act shall apply and extend accordingly; Provided that if the certificate of registration of any dairy produce premises registered at the passing of this Act does not set forth the name of the registered owner thereof the person entered in the records of the Department of Agriculture and Stock as the owner thereof shall be deemed to be such registered owner. 5. The Principal Act is hereby amended by the New s. 6A. insertion therein after section six of the following new section numbered 6A, namely;- "[6A.] The Minister may from time to time determine Power of the terms • and conditi . on . s upon which any registration rMesinpiescttertowith or any hcense under thIS Act or any transfer thereof registrations shall be granted, renewed, or issued, and may at any and licenses. time and from time to time consequent on this power

16976 DAIRY PRODUCE. Dairy Produce Acts Amendment Act. 2 GEO. VI. No. 13, institute any inquiry, call any witnesses, or do any such things as are necessary to arrive at a true determination of the position, and then may at any time refuse to grant or without notice revoke or cancel any such registration or license or renewal or transfer of a registration or license, and in any such case without assigning any reason for so doing: Provided that the Minister shall not refuse to grant a renewal of or revoke or cancel any such registration or license without the approval of the Governor in Council. For the purposes of this section the Minister shall have and may exercise all of the powers, authorities, jurisdiction, and protection of a commission under and within the meaning of *" The Official Inquiries Evidence Acts, 1910 to 1929." " oAfms. en 1 d 0. ment by i 6 n . seSrteicntgionthteen foofltlohwe iPnrgincniepwal Apacrt aisghraeprehbynaummebnedreedd (ill.) after paragraph (ii.) thereof, namely:- " (iii.) Any dairy produce does not comply with the standard prescribed for it : " and the said section is hereby further amended by the addition thereto of the following paragraph, namely :- "Provided that when any dairy produce has been condemned under an9. pursuant to paragraph (iii.) of this section the Minister may in his absolute discretion permit the owner thereof to comply with the prescribed standard in respect of same, and if the owner concerned makes such compliance within such time as is directed by the Minister the Minister may release the dairy produce concerned from condemnation under this section." Amendment 7. Section twelve of the Principal Act is hereby of s. 12. amended by the addition thereto of the following new paragraph, namely:- "Every owner of a dairy who contravenes or fails to comply with any provision of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds." ... 1 Geo. V. No. 26 and amending Act, 8upra, pages 748 et 8eq.

DAIRY PRODUCE. 16979 1938. Dairy Produce Acts Amendment Act. 8. The Principal Act is hereby amended by the News. 12A insertion therein after section twelve of the following new section numbered 12A, namely : - "[12A.] {1.} The Director of Dairying or the Chief Inspecti?n Inspector of Stock may authorise any veterinary officer : f~ t! : ~ ~ mg or, subject as hereinafter provided, any other person to enter upon any dairy upon which milk is produced for human consumption or use in the manufacture of butter or cheese and to inspect and test all or any stock found by such veterinary officer in or upon such dairy for the purpose of ascertaining whether or not such stock or any of them are affected by any disease : Provided that no person other than a veterinary officer shall be so authorised as aforesaid unless such person has been first approved by the Minister. (2.) Any veterinary officer or other person so authorised may, and either with or without assistants, enter at all reasonable times upon the dairy concerned and there inspect and test all stock found by him for the purpose of ascertaining whether or not any of them are affected by any disease. (3.) The occupier or, if there is no occupier, the owner or, if neither the owner nor the occupier is present at the dairy, the person apparently in charge of the dairy shall aid in such entry, inspection, and testing and for that purpose shall do and execute all such acts, matters, and things as may be reasonably required by the veterinary officer or other person so authorised. (4.) The power conferred upon a veterinary officer or other person under this section to inspect and test stock in or upon a dairy shall include the power to make such inspection and/or test of every head of stock found in or upon the dairy as to him shall appear necessary or desirable. (5.) Where a veterinary officer or other person so authorised finds in or upon a dairy any stock affected by a disease he may by an order in writing under his hand- (i.) Declare such dairy or any specified portion of such dairy to be a quarantine area, and/or direct the nature of the quarantine to be imposed in 811,ch area (and either generally or with respect to any particular stock

16980 DAIRY PRODUCE. ---------_._------------------ Dairy Produce Act8 Amendment Act. 2 GEO. VI. No. 13, designated in such order) and/or direct the time within w,hich all or any specified measures of quarantine are to be carried out and either with respect to all of the stock or any designated stock; (ii.) Declare any stock designated in such order to be subject to quarantine, and/or direct the nature of the quarantine to be imposed in respect of such stock (and either generally or with respect to such number thereof as are designated in the order) and/or direct the time within which all or any specified measures of quarantine are to be carried out and either with respect to all of such stock or with respect to any designated number thereof and/or direct the confinement of such stock or any of them within a specified portion of the dairy whilst they are subject to such quarantine. (6.) The power to make an order under subsection five hereof shall include the power to make such one or more orders as the veterinary officer or other person so authorised deems necessary in the circumstances. (7.) An order made under subsection five hereof shall be given by the veterinary officer or other person so authorised to the occupier or, if there is no occupier, to the owner or, if neither the owner nor the occupier is present at the dairy, to the person apparently in charge of the dairy: Provided that an order so given to a person apparently in charge of the dairy shall be deemed to be duly given to the occupier or, if there is no occupier, to the owner of such dairy and shall have force and effect accordingly. (8.) Any owner, occupier, or person apparently in charge of any dairy who contravenes or fails to comply with any requirement of an order issued by a veterinary officer or other person so authorised under subsection five hereof shall be guilty of an offence and liable to a penalty of not more than fifty pounds and, if such contravention or failure is continued after a conviction therefor, to a further penalty of not more than ten pounds for each and every day during which the same is so continued.

DAIRY PRODUCE. 1938. Dairy Produce Acts Amendment Act. .(9.) Any person who removes or attempts to remove or who procures or attempts to procure the removal of any stock the subject-matter of a quarantine order from the quarantine area specified in such order or from the area in which the order specifies that they are to be quarantined shall be guilty of an offence and liable to a penalty of not more than fifty pounds. (l0.) Any person who removes or attempts to remove or who procures or attempts to procure the removal of any stock other than stock the subject-matter of a quarantine order into the quarantine area specified in such order or into the area in which such order specifies that the stock the subject-matter thereof are to be quarantined shall be guilty of an offence and liable to a penalty of not more than fifty pounds. (11.) Any person who obstructs or attempts to obstruct or who procures or attempts to procure the obstruction of the entry into a dairy of a veterinary officer or other person approved by the Minister authorised to so enter by the Director of Dairying or the Chief Inspector of Stock, or the inspection and testing by such authorised veterinary officer or person of any stock found upon such dairy or who, being required by this section to aid in such entry, inspection, and testing, fails so to do shall be guilty of an offence and liable to a penalty of not more than fifty pounds, and if such offence is continued after a conviction therefor liable to a penalty of not more than ten pounds for every day during which the same is so continued. For the purposes of this subsection the term "veterinary officer" or "authorised person" shall include any assistant whom the authorised veterinary officer or person has with him. (12.) Any person who thinks himself aggrieved by a quarantine order may by writing under his hand appeal to the Minister at any time within seven days after such quarantine order has been given by a veterinary officer or authorised person. Such appeal shall be in writing, shall set out briefly the grounds thereof, and shall be served upon the Under Secretary, Department of Agriculture and Stock, either personally or by being forwarded to him in a prepaid post letter addressed to him at his office and posted so as to reach him in the ordinary course of post within the aforesaid period of seven days. 16981

16982 DAIRY PRODUCE. Dairy Produce Acts Amendment Act. 2 GEO. VI. No. 13, Upon such appeal the Minister may confirm or reyoke the quarantine order or he may make such modifications thereof as he shall think fit. Any quarantine order so. modified by the Minister shall forthwith become and be the quarantine order and shall have operation and effect accordingly. (13.) The right of entry conferred upon a veterinary officer or person approved by the Minister authorised by the Director of Dairying or Chief Inspector of Stock under this section shall include all such right of ingress, egress, or regress upon or from the dairy, and either for himself or his assistants, as the veterinary officer or authorised person shall think necessary in order to the proper inspection and testing of all stock found upon the dairy. (14.) This section applies only in respect of the diseases to which it is made applicable by the Governor in Council by Proclamation published in the Gazette." Section 12A 9. Section 12A of the Principal Act is hereby a arem n n d eunmdbeedr. ed rreennuummbbeerreedd issecatmioennd 1 e 2 d B, byantdhethadedistaioidn tsheecrtieotno oafs thsoe words "and if ne fails so to do he shall be guilty of an offence and liable to a penalty of not more than fifty pounds." Amendment 10. Section thirteen of the Principal Act is hereby of B. 13. amended by the addition thereto of the following paragraph, namely:- "Every person who contravenes or fails to comply with any provision of this section shall be guilty of an' - offence and liable to a penalty of not more than fifty pounds." Amendment 11. Section 14A of the Principal Act is hereby of a.l4A. amended by the insertion after subsection two thereof of the following new subsection numbered three, namely:- "(3.) Every owner of a factory who contravenes or fails to comply with any provision of subsection one or subsection two of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds," and subsection three of the said section is renumbered subsection four accordingly.

DAIRY PRODUCE. 16983 1938. Dairy Produce Acts Amendment Act. 12. Section fifteen of the Principal Act is hereby Amendment amended as follows:- of s. 15. (a) In subsection two of the said section the words " deposited or" are inserted before the word" kept." (b) The following new subsection numbered three is added to the said section, namely :- "(3.) Any person who deposits or keeps any dairy produce in contravention of subsection one of this section or who sells any dairy produce contrary to subsection two of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds." . 13. Section sixteen of the Principal Act is hereby Amendment amended by inserting after subsection three thereof the of s. 16. following new subsection numbered 3A, namely : - " (3A.) Ally owner of a factory who takes delivery of any milk or cream which has been diverted to his factory· from any other factory contrary to subsection three of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds." 14. (1.) Section 16B of the Principal Act is hereby Repeal of repealed and the following new section is inserted in lieu ~ ~ d new B. thereof, namely :_ . B. " [16B.] (1.) The Minister may notify any road or Notification roads or any portion of a road or roads as a cream route, of cream and either generally or with respect to a factory or routes. factories specified in the notice. Every such notice shall be published in the Gazette. (2.) The owner of a factory and/or the committee Recom.. appointed as hereinafter prescribed may recommend to mendatlOn of the Minister the notification of a road or roads or any ~ ~ ~ ~ : . portion of a road or roads as a cream route: Provided that the Minister may notify a road or roads or any portion of a road or roads as a cream route notwithstanding that a recommendation has not been made as aforesaid, or may in so notifying a cream route adopt such part only of such recommendation as to him shall seem fit. (3.) Upon the notification of a cream route- Carriers' (i.) If no factory is specified in the notice the ~:=B for owner of any factory may, subject to the routes. approval of the Minister, issue a license or

169S4 DAIRY PRODUCE. Dairy Produce Act8 Amendment Act. 2 GEO. VI. No. 13, licenses to a carrier or carriers to pick up cream at places on or adjacent to such cream route and to convey such cream to his factory or to a loading point stated therein upon a State railway or tramway approved by the Minister on such terms and conditions as may be agreed upon by the owner subject to the Minister's approval; or (ii.) If a factory or factories is or are specified in the notice the owner of any factory so specified may, subject to the approval of the Minister, issue a license or licenses to a carrier or carriers to pick up cream at places on or adjacent to such cream route and to convey such cream to his factory or to a loading point stated therein upon a State railway or tramway approved by the Minister on such terms and conditions as may be agreed upon by the owner subject to the Minister's approval: Provided that in any event the Minister may issue any license as aforesaid upon such terms and conditions as he shall deem fit. Offences by persons not holding licenses. (4.) Every person who- (i.) Picks up cream at any place on or adjacent to a notified cream route; or (ii.) Conveys to a factory or to a loading point upon a State railway or tramway approved by the Minister cream picked up at any place on or adjacent to a notified cream route, shall, unless he holds a subsisting license to so pick up such cream at such place and to convey same to such factory or loading point, be guilty of an offence and Hable to a penalty of not more than fifty pounds. It shall not be a defence for a person charged with an offence against this subsection to prove that at the material time he held a subsisting license under this section with respect to some other factory or cream route. Offences by (5.) Every holder of a license under this section lhioceldnesress. of who- (i.) Picks up or conveys cream other than cream consigned to the factory in respect of which his license has been issued; or

DAIRY PRODUCE. 16985 1938. Dairy Produce Acts Amendment Act. (ii.) Conveys cream picked up by him on or adjacent to a cream route to a factory or loading point upon a State railway or tramway approved by the Minister other than the factory or loading point specified in his license; or (iii.) In any other manner whatsoever picks up or conveys cream contrary to any term or condition prescribed by his license, shall be guilty of an offence and liable to a penalty of not more than fifty pounds. (6.) Any owner of a factory who accepts delivery Offences by of any cream which was picked up or conveyed to his owner.s of factory by any person (whether or not the holder of a factorles. license under this section) contrary to any provision of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds. (7.) All licenses issued under this section shall be for such period as may be prescribed or, if not prescribed, as may be approved by the Minister. The Minister may at his absolute discretion cancel any such license, and whether issued by him or by the owner of a factory. (8.) The Minister may appoint a committee as Committee prescribed for investigating, inquiring into, and reporting o.f investiga· to him on the following :_ tlOn. (i.) Any matters arising out of section 16A of this Act. (ii.) The conditions upon which an owner of a factory may recommend the notification of a cream route or routes. (iii.) The advisability of notifying a cream route or routes in localities where no recommendation has been received from an owner of a factory. (iv.) The consideration of any tender or tenders in regard to the character and equipment of the applicant, and capacity of the applicant to satisfactorily comply with the conditions laid down. (v.) Any dispute or disagreement arising out of the transport of cream. ( Vl~. ) The varying or cancellation of existing contracts or licenses.

16986 DAIRY PRODUCE. Dairy Produce Acts Amendment Act. 2 GEO. VI. No. 13, (9.) This section s.hall not apply to the Commissioner for Railways nor to the owner of a tramway approved by the Minister nor to cream which is delivered under prescribed hygienic conditions by the person who produced such cream." (2.) Every cream route notified and license issued under the repealed section shall be deemed to have been respectively notified or issued under section 16B of the Principal Act as enacted by this section, and all of the provisions of the said section 16B as enacted by this section shall extend and apply accordingly. Amendment 15. Section seventeen of the Principal Act is of s. 17. hereby amended by the addition thereto of the following new subsection numbered three, namely.:- "(3.) If any provision of this section is contravened or not complied with the manager of the factory concerned shall be guilty of an offence and liable to a penalty of not more than fifty pounds." Amendment 16. Section eighteen of the Principal Act is hereby of s. 18. amended as follows:- (a) Paragraph (iii.)of the said section is hereby amended by repealing therein all words from and including the words" or that has calved" to and including the word" normal" at the end thereof and by inserting the words" or that has been drawn from a cow at any time during the period of fifteen days next preceding or the period of ten days next succeeding parturition." (b) The following new paragraph is added to the said section, namely :- " Any person who contravenes or fails to comply with any provision of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds." Amendment I 7. Section twenty of the Principal Act is hereby of s. 20. amended as follows : - (a) Subparagraph (a) of paragraph (i.) thereof is repealed. (b) The last paragraph thereof, being the paragraph commencing with the words "The owner" and ending

DAIRY PRODUCE. 1938. Dairy Produce Acts Amendment Act. with the words "or standards" is repealed nd the following new paragraph is inserted in lieu f such repealed paragraph, namely:- " No person shall buy or receive any dairy produce which does not comply with the standard prescribed for it." (c) The following new paragraph is hereby added to the said section, namely:- " Every person who contravenes or fails to comply with any provision of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds." 16987 18. Section twenty-one of the Principal Act is Amendment hereby amended by the addition thereto of the following of s. 21. new subsection numbered three, namely:- "(3.) Any person who contravenes or fails to comply with any provision of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds." 19. Section twenty-three of the Principal Act is Amendment hereby amended by the addition thereto of the following of s. 23. new subsections four, five, six, seven, and eight, namely:- " (4.) The test or grading by the person employed When test at a fact.ory u~der and in accordance. with subse?tion~ : ~ ~ ~ 7aio one of thIS sectIOn shall, subject as heremafter provIded, record. be the official record upon which payments for cream or butter or milk are determined. All such tests and/or gradings shall be the true tests and/or gradings determined in accordance with this Act: Provided that, if the manager of the factory or any employee authorised by the manager holds the certificate mentioned in subsection one of this section such manager or employee may check any such test and/or grading made by the person employed to do such work and if he finds that any such test and/or grading is incorrect he may make any necessary alteration, and in that case the person making the alteration shall

16988 DAIRY PRODUCE. Dairy Produce Acts Amendment Act. 2 GEO. VI. No. 13, initial the record of such alteration, and the same shall be produced on demand for inspection by any inspector or officer. Offenceby (5.) No person other than a person employed at a f~ ~ ~ on other factory under and in accordance with subsection one of certified this section shall- tester or grader. (a) Test or record the test or be in any way concerned in testing or recording the test of any milk or cream supplied to such factory; or (b) Grade or record the grade or be in any way concerned in grading or recording the grade of any cream supplied to such factory. Procuring (6.) No person shall instruct, influence, or procure or ofarlsgeratdeisntign. g attempt to instruct, influence, or procure any person employed at a factory under and in accordance with subsection one of this section to- (a) Test or record or be in any way concerned in testing or recording the test of any milk or cream supplied to such factory in any such manner that such test or record, as the case may be, is not in the opinion of such person so employed the true test or true record of the test of such milk or cream; or (b) Grade or record the grade or be in any way concerned in grading or recording the grade of any cream supplied to such factory in any such manner that such grade or record, as the case may be, is not in the opinion of such person so employed the true grade or true record of the grade of such cream. (7.) Any person who contravenes or fails to comply with any provision of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds. Defence to charge in respect of testing or grading. (8.) It shall be a defence for any person charged with an offence against subsection five or subsection six of this section to prove that he himself holds the certificate of competency required by subsection one of this section, and is the manager of or an employee authorised by the

DAIRY PRODUCE. 16989 1938. Dairy Produce Act8 Amendment Act. manager of the factory concerned and has himself initialled the record of the testing or grading in respect of which he is so charged. Nothing in this section contained shall prevent or be deemed to prevent an inspector from testing any milk or cream or grading any cream supplied to a factory." 20. Section twenty-five of the Principal Act is Amendment. hereby amended by the addition thereto of the following of s. 25. new subsection numbered seven, namely:- "(7.) If any provision of this section is contravened or not complied with, the person guilty of such contra- vention or non-compliance shall be guilty of an offence and liable to a penalty of not more than fifty pounds: Provided that if such person is an employee his employer shall also be guilty of such offence and liable to a penalty of not more than fifty pounds unless the employer proves that the offence was committed without his knowledge, connivance, or consent." 21. In section thirty-one of the Principal Act the Amendment. words" shall be liable to a penalty not exceeding thirty of s. 31. pounds" are repealed, and the words "shall be guilty of an offence and liable, if no specific penalty is provided under this Act for such offence, to a penalty not exceeding thirty pounds,"* and, moreover, the paragraph of the said section beginning with the words "If an owner or occupier refuses or neglects" and ending with the words "competent jurisdiction" is amended by inserting the words "veterinary officer or authorised person" after the word "inspector" wherever such lastmentioned word occurs. 22. The Principal Act is hereby amended by the New s. 31A. insertion therein after section thirty-one of the following new section numbered 31A, namely:- "[31A.] Where by this Act any act, matter, or Liab~ty to thing is required to be done or is prohibited in, about, or ~ ~~ ~ l~ ~ ed in respect of dairy produce premises then, unless other- wise expressly provided, the owner of such dairy produce premises shall do or abstain from doing such act, matter, or thing, and shall be guilty of an offence against this Act if the act, matter, or thing required to be done is not done or if the act, matter, or thing prohibited is done." *Sic in Gazette .. semble insert words " are inserted in lieu thereof."

16990 DAIRY PRODUCE. Dairy Produce Acts Amendment Act. 2 GEO. VI. No. 13, Amendment 23. Section thirty-two of the Principal Act is hereby of 8. 32. amended as follows : - (a) The fourth paragraph of the said section, being the paragraph commencing with the words" All such regulations" and ending with the words" next ensuing session," is repealed and the following paragraphs are inserted in lieu thereof, namely :- "All regulations made or purporting to be made under this Act shall upon being published in the Gazette have the same force and effect as if they were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. The publication in the Gazette of any such regulation shall be conclusive evidence of the matters contained therein and of the power. and authority to make such regulation. All such regulations shall be laid before Parliament forthwith if then sitting; and, if not then sitting, within fourteen days after the commencement of the next ensuing session." (b) The fifth paragraph of the said section, being the paragraph commencing with the words" If either House" and ending with the words " in the meantime," is amended by repealing the words "either House of Parliament" and by inserting in lieu thereof the words "the Legislative Assembly." New 8. 33A. 24. The Principal Act is hereby amended by the insertion therein after section thirty-three of the following new section numbered 33A, namely : - Power of Supreme Court. " [33A.] For the better enforcement of this Act and in addition to and notwithstanding any other provision in this Act in that behalf contained, the Supreme Court may on application of the Minister make such order as it deems just or necessary in the nature of a mandamus or injunction to compel compliance with or restrain a breach of or continuance of a breach of any of the provisions of this Act or of any lawful deter- mination of the Minister, and all necessary powers and authorities and jurisdiction of the Supreme Court shall apply and extend herein and are vested in the Supreme Court accordingly."

DAIRY PRODUCE. 16991 1938. Dairy Produce Acts Amendment Act. 25. Section thirty-four of the Principal Act is Repeal of repealed and the following new section is inserted in lieu an~ new thereof, namely:- s. . "[34.] In any proceedings for an alleged offence Evidence. against this Act or in any action wholly or partly under or arising out of this Act- (i.) The averment of the prosecutor or plaintiff contained in the information, plaint, complaint, writ of summons, summons, declaration, or claim- (a) That any place is or that any act, matter, or thing was done or omitted to be done within any district, or that any person is an inspector, expert, veterinary officer, or officer acting in the execution of this Act, or that any person holds any appointment or authority under this Act, or (b) That any dairy produce was at any time stated bartered, exchanged, supplied for profit, offered for sale, attempted to be sold, received for sale, had in possession for sale, exposed for sale, or sent, forwarded, or delivered for sale, or caused or suffered or allowed to be sold, offered, or exposed for sale, and/or that any dairy produce' was for the food of man, or (c) That any dairy produce premises were or were not at any material time registered under this Act, or (d) That any dairy produce was at any time stated manufactured or processed by any person stated, or (e) That any stated substance is or was dairy produce within the meaning of this Act, or (f) That any certificate prescribed by this Act was not duly obtained by the person required to obtain same, shall be evidence of the matter averred, and shall, in the absence of evidence in rebuttal thereof beyond reasonable doubt, be conclusive evidence of the facts so averred; (ii.) Judicial notice shall be taken of the signature of every person authorised to give an, order or certificate under or for the purposes of D ',1

16992 DAIRY PRODUCE. Dairy Produce Acts Amendment Act. 2 GEO. VI. No. 13, this Act, and any order or certificate purport- ing to be signed by any such person shall be admissible in evidence and shall be evidence of the matter set out therein and shall, in the absence of evidence in rebuttal thereof beyond reasonable doubt, be conclusive evidence of the facts so set out therein." A mendment of Schedule I. Amendm6mt 26. Schedule 1. of the Principal Act is hereby of Sch. I. amended by adding the words " Ephemeral Fever, Milk Fever " after the word " Variola." Amendments of Schedule 11. Amendments 27. Schedule n. of the Principal Act IS hereby of Soh. n. amended as follows;- Clause 3. (a) Clause three is amended by repealing the words "and grading" in the first paragraph thereof, being the paragraph commencing with the words "The qualifications" and ending with the words "dairy produce premises," and by inserting in lieu thereof the words " grading, and/or preparation"; and by inserting the words" examinations may be held and" after the words "on which" in the second paragraph thereof, being the paragraph commencing with the words " The conditions" a,nd ending with the word " revoked" ; .and by adding the words "and in the preparation of dairy produce" to the last paragraph thereof, being the para- graph commencing with the words "Requiring the" and ending with the words " dairy produce"; and by adding the following new paragraphs to the said clause, namely;- "The qualifications and examinations of persons engaged in the testing of dairy produce at premises other than d.airy produce premises. Prescribing with respect to any such examination as aforesaid, which is divided into sections, the limit of time within which a candidate shall complete the examination: Provided that if any person so employed in the processes of neutralisation and pasteurisation at the date of the passing of " The Dairy Produce Acts Amendment Act of 1938 " who doe~ not then hold the prescribed certificate of competency satisfies the Director of Dairying that he is reasonably competent to carry out such work the Director may authorise him to continue such work until the next ensuing examination is held, but every person so authorised shall cease such employment forthwith if he fails to present himself for such examination or, having presented himself, fails to secure a pass."

DAIRY PRODUCE. 16993 1938. Dairy Produce Acts Amendment Act. (b) Clause five is amended by adding to the second Clause 5. paragraph thereof, being the paragraph commencing with the words " The licensing of persons" and ending with the words " carriage of dairy produce," the words " and the conditions under which such conveyances may be used for the carriage of dairy produce." (c) Clause six is amended by the insertion therein, Clause 6. before the first paragraph, of the following new paragraph, namely:- " Prescribing the buildings and structures to be erected on and comprised in dairy produce premises and the respective sites thereof." The said clause six is also amended by repealing the words "and disinfection," in the first paragraph thereof, being the paragraph commencing with the words "The construction" and ending with the words "or therein, )' and by inserting in lieu thereof the words "disinfection, and use"; and by adding thereto the following new paragraph, namely:- "The nature, design, construction, suitability, situation, and use of utensils, machinery, equipment, apparatus, scales, and works necessary upon dairy produce premises." (d) The following new clause numbered 6A is New clause. inserted after clause six thereof, namely :- 6A. "6A. Regulating the erection or installation at or in connection Erection 01 with a dairy of any milking machine (whether new or milking used), vacuum pump, or engine intended to drive a milking machines, machine, and prohibiting the owner of a dairy or any other &c. person whomsoever from erecting or installing any such milking machine, vacuum pump, or engine contrary to any such regulation." (e) Clause eight is amended by adding thereto the Clause 8- following new paragraph, namely:- "Requiring buildings and structures on dairy produce premises to be used for the purposes for which their erection is prescribed, and prohibiting the use thereon of any building or structure other than the prescribed Imilding or structure for any purpose for which such prescribed building or structure is required." (f) Clause twenty-two is amended by repealing Clause 22. the words " and finish " and by inserting in lieu thereof the words "finish, and use." (g) The following new clause is inserted after clause New clause twenty-six and numbered 26A, namely:- 26A. "26A. Imposing conditions with respect to the quality, treatment, Quality, &c., and storage of dairy produce." of dairy produce.

16994 DAIRY PRODUCE. Dairy Produce Act~ Amendment Act. 2 GEO. VI. No. 13, 1938. Clause 27. (h) Clause twenty-seven is amended by repealing the words "such further" and also the words "so supplied" in the second paragraph thereof, being the paragraph commencing with .the words "Imposing such" and ending with the words" high-grade butter." Clause 28. (i) Clause twenty-eight is amended by inserting the following new paragraph after the first paragraph thereof, namely:- " The checking of scales at dairy produce premises by means of a certified standard weight which is to be supplied and maintained by the owner of such premises." The said clause is further amended by repealing the fifth paragraph thereof, being the paragraph com- mencing with the words "The grading" and ending with the words "at depots." New clause (j) The following new clause is inserted after 28A. clause twenty-eight and numbered 28A, namely : - Grading of dairy produce. Clause 29. "28A. The grading of dairy produce at dairy produce premises." (k) Clause twenty-nine is amended by inserting the following new paragraph after the fifth paragraph thereof, being the paragraph commencing with the words "Requiring that" and ending with the words "registered mark," namely:- " Prescribing the terms and conditions subject to which marks mA,y be deregistered." The said clause is further amended by repealing the words "manufactured by the factory" in the last paragraph thereof, being the paragraph commencing with the words " Prohibiting the" and ending with the words" marks are registered," and by inserting in lieu thereof the words "the produce of the dairy produce premises. " Clause 30. (l) Clause thirty is amended by adding thereto the following new paragraphs:- "Prescribing the methods to be used for determining the composition of dairy produce. Prescribing for the examination of dairy produce by analytical and bacteriological examination. Prescribing how packages containing dairy produce, by-productF derived from the same, or substances employed in thc' manufacture of dairy produce shall be labelled."

DAIRY PRODUCE. 16995 2 GEO. VI. No. 24, 1938. Dairy Produce Acts, Etc. (No. 2) Act. (m) Clause forty-four is amended by deleting the word Clause 44. " necessary" and by inserting in lieu thereof the words "which the Governor in Council may deem necessary or expedient.." 28. All regulations (including the regulations dated Validation th? sec~ nd day of . ~ uly, one thousand nine hundred and ~ gulations. thIrty-sIx, and published in the Gazette of the fourth day of July, one thousand nine hundred and thirty-six, at pages three to seventy-six, both inclusive) made or purporting to have been made under *" The Dairy Produce Acts, 1920 to 1935," and in force or purporting to be in force at the passing of this Act, are hereby approved, ratified, validated, and confirmed, and any such regulation shall remain in force until it is repealed, amended, varied, or added to pursuant to the powers contained in the said Acts as amended by this Act. An Act to Amend "The Dairy Produce Acts, 1920 2 N G o E . O. 24 V . I. to 1938," in certain particulars, and for D T A H IR E Y other purposes. PRODUCE ACTS AllENDHENT ACT [ASSENTED TO 24TH NOVEMBER, 1938.] OF 1938 (No. 2). B E it enacted bythe King's Most Excellent Majesty, . by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Dairy Produce Short title. Acts Amendment Act of 1938 (No. 2)," and shall be read as one with *"The Dairy Produce Acts, 1920 to 1938," hereinafter referred to as the Principal Act. The Principal Act and this Act may collectively be Collective cited as "The Dairy ProduceAct8, 1920 to 1938." title. ... 10 Geo. V. No. 15 and amending Acts, supra, pages 9079 et seq.