Dairy Produce Acts Amendment Act of 1941 (5 Geo Vi No. 19) (Qld)

38 DAIRY PRODUCE. Dairy Produce Acts Amendment Act. 5 GEO. VI. No. 19, DAIRY PRODUCE. 5 N Gl o IO .l . B V . I. An Act to Amend "The Dairy Produce Acts, 1920 D T A H IR lII Y to 1940," in certain particulars. l'BODUCB ACTS AlmNDIIlINT [ASSENTED TO 20TH NOVEMBER, 1941.] ACT OP 1941. 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 1. This Act may be cited as "The Dairy Produce and . Acts Amendment Act of 1941," and shall be read as one construotIOn. with *" The Dairy Produce Acts, 1920 to 1940," herein referred to as the Principal Act. Collective The Principal Act and this Act may be cited title. collectively as " The Dairy Produce Acts, 1920 to 1941." Amendments of the Principal Act. New 8. 16D 2. The following section, numbered 16D, is inserted inserted. after section 160 of the Principal Act, namely:- Notification . "[16D.] (1.) The Minister may notify any area as of milk areas. a milk area either generally or with respect to a cheese factory or cheese factories specified in the notice. Such notification shall be published in the Gazette. The Minister may at any time, by a further notice published in the Gazette, cancel or modify any notification of an area as a milk area. (2.) No person in whose name a dairy situated in a milk area is registered shall supply or permit or suffer to be supplied any cream produced on such dairy to any factory. (3.) No owner of a factory shall accept delivery at his factory of, or permit or suffer to be delivered to his factory, any cream produced on a dairy situated in a milk area. (4.) If no factory is specified in the notice notifying a milk area, any person in whose name a dairy situated in such milk area is registered may supply milk produced on such dairy to any factory. • lO G. 5 No. 15 and amending Acts. See v. 3, pp. 35 et seq.

1941. DAIRY PRODUCE. Da,iry Produce Acts Amendm,ent Act. (5.) If a factory or factories is or are specified in the notice notifying a milk area, any person in whose name a dairy situated in such milk area is registered may supply milk produced on such dairy to any factory so specified, but such person shall not supply or allow, permit, or suffer to be supplied such milk to any factory other than a factory so specified. (6.) If a factory or factories is or are specified in a notice notifying a milk area, no owner of a factory not so specified shall accept delivery at his factory of, or allow, permit, or suffer to be delivered to his factory, any milk produced on a dairy situated within such milk area. (7.) Any person who offends against any provision of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds. (8.) Upon the notification of a milk area any owner in whose name a dairy situated in such area is registered may, notwithstanding any provision of subsection three of section sixteen of this Act, divert his supply of milk or of cream from the milk produced on such dairy in such manner as may be necessary in order to enable him to comply with this section. (9.) If any person in whose name a dairy situated in a milk area is registered is indebted to any owner of a factory for advances received by him or has given an assignment to such owner, and such person diverts the supply of milk or cream produced on such dairy from such factory in order to comply with this section, such owner may notify the owner of any other factory to which such person supplies any milk produced on such dairy of the existence of such advance or assignment and of the amounts payable in respect thereof and the times at which such amounts are payable. Such notice shall require the owner of the factory to which such milk is being supplied to retain and pay to the owner of the factory from which the supply of milk or cream was so diverted sufficient of the moneys from time to time payable to the person concerned to meet the repayments of such advance or the payments under such assignment. Any owner of a factory who fails to comply with the requirements of any such notice shall be guilty of an offence. 39

40 DAIRY PRODUCE. Dairy Produce Acts Amendment Act. 5 GEO. VI. No. 19, 1941. (10.) Where any factory owned by an association within the meaning of *" The Primary Producers' Co-operative Associations Acts, 1923 to 1934," is specified in the notification notifying a milk area, such association may, notwithstanding anything contained in such last- mentioned Acts, or in the objects for which it was registered, or in its rules, accept delivery of and treat milk produced on a dairy situated in such area registered in the name of a person who is not a member of such association. (11.) The Minister may exempt- (i.) Any portion of the milk produced on all dairies; or (ii.) The whole or any portion of the milk produced on any dairy or any class of dairies, situated in an area or any part thereof from the provisions of this section. The Minister may at any time cancel or modify any such exemption. In the case of an exemption or the cancellation or modification of an exemption mentioned in paragraph (i.) of this subsection a notification published in the Gazette by the Minister shall be sufficient notice to all persons concerned of the grant, cancellation, or modification of such exemption, as the case may be. (12.) This section shall not relate or be deemed to relate- (a) To milk or cream for consumption or use or intended for consumption or use as such; or (b) To any milk, or the cream produced from any milk, for the time being exempted by the Minister from the provisions of this section. (13.) The Minister may refer all or any matters arising under or in respect of this section to any committee appointed by him under subsection eight of section 16B or subsection eight of section 16c of this Act for investigation, inquiry, and report." Section 16D 3. Section 16D of the Principal Act is hereby r 1 e 6 n E u . mbered renumbered 16E. * 14 G. 5 No. 45 and amending Acts. See v. 7, pp. 891 et seq.