Dairy Produce Acts Amendment Act of 1963 (Qld)

200 QtteensltrtO ANNO DUODECIMO ELIZABETHAE SECUNDAE REGINAE No. 37 of 1963 An Act to Amend "The Dairy Produce Acts, 1920 to 1959," in certain particulars [ASSENTED TO 16TH DECEMBER, 1963] 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- 1. (1) Short title . This Act may be cited as "The Dairy Produce Acts Amendment Act of 1963." (2) Principal Act. "The Dairy Produce Acts, 1920 to 1959," are in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may be collectively cited as "The Dairy Produce Acts, 1920 to 1963." 2. Amendments of s. 3 . Section three of the Principal Act is amended by- (a) in the definition "Factory", inserting after the word "pasteurisation", the words "or is packed into bottles or cartons"; (b) omitting the definition "Minister" and inserting in its stead the following definition:- ""Minister"-The Minister for Primary Industries or other Minister of the Crown for the time being charged with the administration of this Act ;"; (c) in the definition "Pure milk", inserting after the words "which contains ", the words "colostrum or"; and

Dairy Produce Acts Amendment Act of 1963, No. 37 201 (d) omitting the definition "Under Secretary" and inserting in its stead the following definition:- "Under Secretary"-The Director-General and Under Secretary, Department of Primary Industries: The term includes any person who for the time being occupies the office or performs the duties of the Under Secretary;". 3. Amendments of s. 6 . Section six of the Principal Act is amended by- (a) adding to subsection (1) the following paragraph:- "In the case of the registration or renewal of registration of a factory at any time after the passing of "The Dairy Produce Acts Amendment Act of 1963," the certificate of registration or, as the case may be, of renewal of registration shall specify the purpose or purposes for which the owner is authorised by the registration to use the factory as such." (b) omitting subsection (3) and inserting in its stead the following subsection:- "(3.) Fees for registrations or renewals of registration shall be payable in accordance with the following scale:- £ s. d. Cold store Depot Factory .. .. .. .. .. 3 0 0 1 00 300 Such a fee shall not be payable in the case of a dairy."; and (c) adding the following subsection:- "(6.) An owner of a factory the certificate of registration or of renewal of registration whereof specifies the purpose or purposes for which the registration authorises him to use the same, shall not use the factory as such for any purpose not specified in such certificate." 4. Amendments of s. 8 . Section eight of the Principal Act is amended by- (a) adding to subsection (1) the following paragraphs:- "(iv.) Call to his aid- (a) Any member of the police force where he has reasonable cause to apprehend any obstruction in the exercise of his powers or in the execution of his duties; or (b) Any officer he may think competent to assist him in such inspection and examination; (v.) Question, with respect to matters under this Act, the occupier of any place or premises mentioned in paragraph (i) of this subsection, or the person in charge of any conveyance, any person whom he finds in or on any such place or premises or in or on any conveyance, and require any such person to answer the questions put and to sign a declaration of the truth of his answers; (vi.) Require the production of any certificate of registration or of any books, accounts, documents or records relating to the manufacture, treatment, sale, storage, or dealing otherwise howsoever with any dairy produce, and inspect, examine and take copies of or extracts from the same."; and (b) adding the following subsection:- "(3.) A person shall not be required under this section or under any other provision of this Act to answer any question, or to give any information or evidence, or to sign any declaration tending to criminate himself."

202 Dairy Produce Acts Amendment Act of 1963, No. 37 5. Repeal of s. 12B . Section 12B of the Principal Act is repealed. 6. Amendment of s. 12D . Section 12D of the Principal Act is amended by omitting the words "kept or stored" and inserting in their stead, the words "produced, treated or stored". 7. Repeal of s. 14A. The Principal Act is amended by repealing section 14A. 8. Amendment of s. 20 . Section twenty of the Principal Act is amended by omitting paragraph "(vii.)" and inserting in its stead the following paragraph:- "(vii.) Any powdered milk, powdered butter milk, casein or any other product of milk or cream which does not comply with the prescribed standard." 9. Amendment of s. 21 (1). Subsection (1) of section twenty-one of the Principal Act is amended by inserting after the word "preparation", where that word appears in the proviso, the words "or emulsifying agent". 10. New section 21A inserted . The Principal Act is amended by inserting after section twenty-one, the following section:- "[21A.] Goat milk. (1.) In this section- (a) "Goat milk" means the lacteal secretion obtained by the milking of one or more goats; and (b) "Pure", in relation to goat milk means that the goat milk in question does not contain any colostrum, or any preservative or chemical or foreign matter of any kind whatsoever, and is not in whole or in part the lacteal secretion of a goat suffering from any disease. (2.) A person shall not sell or supply as goat milk anything which is not pure goat milk. (3.) The power to make regulations under this Act shall include power to make regulations regulating and controlling the production of goat milk for sale or supply to persons other than the producer thereof, and such sale or supply. Without limit to the generality of the foregoing provisions of this subsection, the power to make for the purposes hereinbefore mentioned in this subsection regulations shall include power to make regulations requiring the registration of prescribed premises or the licensing of prescribed persons or conveyances and, with respect to premises or persons or conveyances required by the regulations to be registered or licensed, power to make regulations with respect to all or any of the matters in respect whereof regulations may be made in respect of dairy produce or dairy produce premises under the following provisions of the Second Schedule to this Act, namely:- (a) The first paragraph of clause 4; (b) The first and second paragraphs of clause 5; and (c) Clauses 6, 7, 8, 9, 10 and I1." 11. Amendments of s. 27A. Section 27A of the Principal Act is amended by- (a) omitting the words "for the manufacture of butter or cheese", where those words appear in paragraph (a) of subsection (1);

Dairy Produce Acts Amendment Act of 1963, No. 37 203 (b) omitting the word "such", where that word appears in paragraph (b) of subsection (1); (c) omitting the words "for the manufacture of butter or cheese", where those words appear in subsection (2); (d) in subsection (4)- (i) inserting after the words "milk produced on such dairy", the words "or to the pasteurisation on any dairy of milk produced on such dairy"; and (ii) inserting after the word "manufacturing" the words "or pasteurising". 12. Amendments of s. 31. Section thirty-one of the Principal Act is amended by- (a) inserting after paragraph (v) the following paragraphs:- "(vi.) Uses any threat or any abusive or insulting language to any inspector with respect to any inspection or examination or questioning; (vii.) Fails, without reasonable excuse the proof whereof shall lie upon him, to produce any certificate, book, account, document or record which he is required under this Act by an inspector to produce, or fails to allow an inspector to take a copy of or extract from any such certificate, book, account, document or record;"; and (b) renumbering paragraph "(vi.)" to be paragraph "(viii.)". 13. Repeal of s. 35. The Principal Act is amended by repealing section thirty-five.