Dairy Produce Acts Amendment Act of 1938 (No. 2) (2 Geo Vi No. 24) (Qld)

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Act, are hereby approved, ratified, validated, and confirmed, and any such regulation shall remain in force until it is repealed, amended, varied, or added to pursuant to the powers contained in the said Acts as amended by this Act.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.

16996 DAIRY PRODUCE. Dairy Produce Acts, Etc. (No. 2) Act. 2 GEO. VI. No. 24, Amendments of the Principal Act. Amendment 2. Section ten of the Principal Act is hereby of B. 10. amended as follows:- (a) The following new paragraph numbered (iv.) is inserted after paragraph (iii.) thereof, namely:- "(iv.) Any preservatising agent or colourisation agent used or intended to be used in con- nection with the treatment, preparation, holding, or manufacture of dairy produce, or any disinfectant, does not comply with this Act or by reason of its composition is unsuitable." (b) In the second last paragraph thereof, being the paragraph commencing with the words" All dairy" and ending with the words "be prescribed," the words "which has been condemned" are repealed, and the words "preservatising agents, colourisation agents, or disinfectants which has or have been condemned" are inserted in lieu thereof. New s. 12B. 3. The following new section numbered 12B is inserted after section 12A of the Principal Act, namely : - Certificate that dairy herd is tubercular free. "[12B.] (1.) Any owner of a dairy may make application in the prescribed form for a certificate that his dairy herd is free from tuberculosis. Such application shall be addressed to the Under Secretary, Department of Agriculture and Stock. (2.) The terms and conditions, including the inspections and tests to which the dairy herd concerned shall be subjected, upon and subject to which a certificate under this section may be issued, shall be as prescribed. (3.) Every certificate under this section shall be under the hand of the Minister, and shall be issued subject to such terms and conditions as may be prescribed. The Minister may revoke any such certificate if the holder thereof contravenes or fails to comply with any prescribed term or condition. (4.) The owner of a dairy to whom a certificate is issued under this section shall, within seven days after the revocation thereof, deliver the same up to the Under Secretary, Department of Agriculture and Stock, for cancellation.

DAIRY PRODUCE. 1938. Dairy Produce Act8, Etc. (No. 2) Act.. (5.) If any owner of a dairy- (i.) Contravenes or fails to comply with any term or condition ofa certificate issued to him under this section; or (ii.) Fails to deliver a certificate issued to him under this section up to the Under Secretary, Department of Agriculture and Stock, for cancellation within seven days after the revocation thereof by the Minister, such owner shall be guilty of an offence and liable to a penalty of not more than fifty pounds." 16997 4. Section 12B of the Principal Act is renumbered s. 12B section 120. renumbered. 5. The following new section numbered 14A is New s. HA. inserted after section fourteen of the Principal Act, namely:- "[14A.] Every owner of a factory who makes or Statement apnubylissthaetsemorenctau 0 s f est h oer raaltloesws 0 f topabyemmenadt emoar d epu b bylis h hI · emd opcoafrmyammteeesnrtcoi f fa i olr for any grade or grades of the commercial butter manu- butte: to . .J L .' act ured f rom cream receI . ved at such . .J L .' act ory dur' mg pcorenstcarmibed any period shall .show with respect to each grade of information. commercial butter included in such statement the following particulars, namely :- (i.) Rate of payment; (ii.) Total quantity manufactured during the period; and (iii.) Total quantity paid for during the period." 6. Section 14A of the Principal Act is renumbered s. 14A section 14B. renumbered. 7. The second paragraph of subsection three of Amendment section sixteen of the Principal Act is amended by of s. 16 (3). inserting therein after the word "unless" the words " he shall have first given to the owner of the factory from which his supply or portion of his supply of milk is being diverted twenty-eight days' notice on the form prescribed of his intention to so divert his supply or portion thereof, as the case may be, and."

16998 DAIRY PRODUCE, Dairy Produce Acts, Etc. (No. 2) Act. 2 GEO. VI. No. 24, New B. 160. 8. The following new section numbered section 16c is inserted after section 16B of the Principal Act, namely:- Notification of milk "[16c.] (1.) The Minister may notify any road or routes. roads or any portion of a road. or roads as a milk route, and either generally or with respect to a factory or factories specified in the notice. Every such notice shall be published in the Gazette. Recom-. (2;) The owner of a factory and/or the committee :datlonof appointed as hereinafter prescribed may recommend to routes. the Minister the notification of a road or roads or any portion of a road or roads as a milk route : Provided that the Minister may notify a road or roads or any portion of a road or roads as a milk route notwithstanding that a recommendation has not been made as aforesaid, or may in so notifying a milk route adopt such part only of such recommendation as to him shall seem fit. Carriers' licenses for milk routes. (3.) Upon the notification of a milk route- (i.) If no factory is specified in the notice the owner of any factory may, subject to the approval of the Minister, issue a license or licenses to a carrier or carriers to pick up milk at places on or adjacent to such milk route and to convey such milk to his factory or to a loading point stated therein upon a State railway or tramway approved by t,he Minister on such terms and conditions as may be, agreed upon by the owner subject to the Minister's approval; or (i-i.) 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 milk at places on or adjacent to such milk route and to convey such milk to h,is 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.

DAIRY PRODUCE. 16999 1938. Dairy Produce Acts, Etc. (No. 2) Act. (4.) Every person who- Offences by (i.) Picks up milk at any place on or a d J · acen t hpeorlsdoinngs not to a notified milk route; or licenses. (ii.) Conveys to a factory or to a loading point upon a State railway or tramway approved by the Minister milk picked up at any place on or adjacent to a notified milk route, shall, unless he holds a subsisting license to so pick up such milk at such place and to convey same to such factory or loading point, be guilty of an offence and liable 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 milk route. (5.) Every holder of a license under this section Offonces by who- ~olders of ( ~ . . ) P 1 ' 0 k S up or conveys ml' lk other t han milk bcenses. consigned to the factory in respect of which his license has been issued; or (ii.) Conveys milk picked up by him on or adjacent to a milk 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 milk 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 milk which was picked up or conveyed to his f~ ~ rie: . f factory by any person (whether or not the holder of a 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 •icense, and whether issued by him or by the owner of a factory.

17000 DAIRY PRODUCE. Dairy Produce Acts, Etc. (No. 2) Act. 2 GEO. VI. No. 24, Co~ itt~ e (8.) The Minister may appoint a committee as ~ fo~ ~ vestlga. prescribed for investigating, inquiring into, and reporting to him on the following:- (i.) The conditions upon which an owner of a factory may recommend the notification of a milk route or routes; (ii.) The advisability of notifying a milk route or routes in localities where no recommendation has been received from an owner of a factory; (iii.) 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; (iv.) Any dispute or disagreement arising out of the transport of milk ; (v.) The varying or cancellation of existing contracts or licenses: Provided that in lieu of appointing a committee under this subsection the Minister may refer any or all of the matters referred to in this subsection for investigation, inquiry, and report to any committee appointed by him under subsection eight of section 16B of this Act, and upon such reference such committee shall be deemed to have been duly appointed under this subsection and shall have power, authority, and jurisdiction accordingly. (9.) This section shall not apply to the Commissioner for Railways nor to the owner of a tramway approved by the Minister nor to milk which is delivered under prescribed hygienic conditions by the person who produced such milk." New s. 16D. 9. The following new section numbered section 16D is inserted after section 16c of the Principal Act, as previously inserted by this Act, namely:- Canvassing "[16D.] (1.) Any person who by canvassing, cforerammilk or touting, speaking, writing, or by any advertisement, supplies pamphlet, radio broadcast, or other means whatsoever prohibited. does or causes to be done anything calculated or intended to induce any producer or owner- (a) To divert his supply or portion of his supply of milk or cream from one factory to another factory; or

DAIRY PRODUCE. ]700i 1938. Dairy Produce Acts, Etc. (No. 2) Act. (b) To cease his supply or portion of his supply of milk to one factory for the purpose of diverting the cream obtainable from same to another factory; or (c) To cease his supply or portion of his supply of cream to one factory for the purpose of diverting the milk from which same is obtained to another factory, shall be guilty of an offence and shall be liable to a penalty of not more than twenty pounds. (2.) This section shall not relate or be deemed to relate to milk or cream for consumpt.ion or use or intended for consumption or use as such." 10. The following new section numbered 20A is New s. 20A. inserted after section twenty of the Principal Act, namely:- "[20A.] (1.) Any person who falsely represents that Offence to any milk or cream sold by him is of a partic~ lar grade ~ : ; : ~ ~ ent or type shall be guilty of an offence and liable to a milk or penalty of not more than fifty pounds. ~ ~ e: m to be . , particular (2.) The person sellmg any mIlk or cream represented grade to be of any particular grade or type shall be deemed to or type. falsely represent that such milk or cream is of such grade or type if- (i.) No such grade or type as that represented has been fixed under this Act and/or any other Act or law with respect to milk or, as the case may be, cream; or (ii.) Such milk or cream does not comply in fun with the grade or type of which it is repre- sented to be, such grade or type having been fixed under this Act and/or any other Act or law with respect to milk or, as the case may be, cream. (3.) The person selling any milk or cream shall be deemed to represent that such mil~ or cream is of a particular grade or type, if- (a) He makes any verbal or written representation calculated or likely to lead to the belief that such milk or, as the case may be, cream is of such particular grade or type; or

17002 DAIRY PRODUCE. Dairy Produce Acts, Etc. (No. 2) Act. 2 GEO. VI. No. 24, 1938. (b) He has or' allows to remain upon, about, or adjacent to the dairy produce premises or upon or attached to any vehicle from which such milk or cream is sold by him, or upon any bHlhead, any word or words, sign, notice, or placard whatsoever calculated or likely to lead to the belief that such milk or, as the case may be, cream is of such particular grade or type." New c. 30A 11. The following new clause numbered 30A is of Sch. 11. inserted after clause thirty of Schedule H. to the Principal Act, namely;- Grading of " [30A.] Prescribing types and/or grades for the purposes of classifying milk. milk for human consumption or intended for human consumption as such. Prescribing and authorising the use of particular words, terms, or other descriptive matter for the purpose of describing particular grades or types of milk, and prohibiting the unauthorised use of any prescribed word, term, or other descriptive matter, including the prohibition of the use of any word, term, or other descriptive matter intended or calculated to falsely represent that any milk is of a particular grade or type." DANIEL, DAVID JOHN MARLAIS. See CONSTITUTION