Dairy Produce Acts and Other Acts Amendment Act of 1934 (25 Geo v No. 11) (Qld)

14964 DAIRY PRODUCE. Dairy Produce Acts, Etc., Am,endment Act. 25 GEO. V. No. 11, CRIMINAL LAW. AMENDMENT OF SECTION 442H OF" THE CRIMINAL CODE." See DAIRY PRODUCE. PLEAS BY ABORIGlNALS. See ABORIGINALS. CROWN DUES RELIEF. See LANDS, CROWN (2). DAIRY CATTLE IMPROVEMENT. See DAIRY PRODUCE. DAIRY PRODUCE. 25 N G o e . o 1 . 1. V. An Act to Amend "The Dairy Produce Acts, 1920 THE DAIRY PRODUCE to 1932," in certain particulars; and for ACTS AND OTHER ACTS other purposes. AMENDMENT ACT OF 1934. [ASSENTED TO 25TH OCTOBER, 1934.] 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 Acts and Other Acts Amendment Act of 1934," and shall, so far as amendments to *" The Dairy Produce Acts, 1920 to 1932," are concerned, be read as one with such lastmentioned Acts, 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 1934." Amendments of the Principal Act. Amendment 2. Section three of the Principal Act is amended, ofs.3. as follows:- (a) After the definition" Approved" the followmg definition is inserted, namely:- .Association. " " Association"-Any body of persons corporate or unincorporate other than a company." * 10 Geo. V. No. 15 and amending Acts, supra, pages 9079 et 8eq.

DAIRY PRODUCE. 14965 1934. Da~ ry Produce; Acts, Etc., Amendment Act. (b) Mter the definition of " Cold store" the following definition is inserted, namely : - " "Company" means and includes every body Company. corporate howsoever incorporated, and whether under the laws of Queensland or elsewhere, and wherever the head or principal office or principal place of business may be: without limiting the generality of this definition, the term also means and includes any company regi'Stered or deemed to be registered under *" The Companies Act of 1931 " (or any Act amending the same) or any primary producers' co-operative association registered under t" The Primary Producers' Co-operative Associations Acts, 1923 to 1926" (or any Act amending the same}." (c) After the definition of " Factory" the following definition is inserted, namely:- " "Firm"-Any firm registered Under t" The Firm. Registration of Firms Acts, 1902 to 1912" (or any Act amending the same}." (d) The definition of the word " Owner" is amended Owner. by inserting therein, after the word "company," the words " association, or firm." 3. The following new section (27A) is inserted after New s. 27A. section twenty-seven of the Principal Act, as follows : - " [27 A.] From and after the passing of §" The Dairy Restrict~on Produce Acts and Other Acts Amendment Act o 'J f 1934 " no & on c. e , roefctIon, company, association, firm, or person shall ~ rect or cause premis~ for to be erected, or utilise or cause to be utilised any fi~ n~ ~ = ~ m building, premises, plant, machinery, or equipment for or or manufac- in respect of the pasteurisation of cream or the~ ~ ~ e~ ~ manufacture of butter unless the consent of the Governor in Council shall be first had and obtained: Provided that the Minister may, subject to such conditions as he thinks fit and/or as may be prescribed, approve of the utilisation on any dairy of any dairy house together with the plant, machinery, or * 22 Gao. V. No. 53, supra, page 13433. t 14 Geo. V. No. 45 and amending Acts, supra, pages 10776 et seq. ~ 2 Edw. VII. No. 12 and amending Acts, supra, page 5795. § This Act.

14966 DAIRY PRODUCE. Dairy Prod~ we Acts, Etc., Amendment Act. 25 GEO. V. No. 11, equipment therein for the manufacture of butter, where such butter is solely the produce of milk produced on such dairy. Any contravention of this section shall be an offence. Any offence committed against this section shall render the offender liable, in the case of a company, association, or firm, to a penalty not exceeding five hundred pounds, and liable in other cases to a penalty not exceeding one hundred pounds or imprisonment for six months; and in addition liable, in the case of a company, association, or firm, to a daily penalty not exceeding one hundred pounds, and liable in other cases to a daily penalty not exceeding ten pounds for each and every day during which such offence is continued after a conviction therefor." News. 27B. 4. The following new section (27B) is inserted after section 27 A of the Principal Act previously inserted, as follows : - Restrictiou " [27B.] From and after the passing of *" The Dairy on erection, Produce Acts and Other Acts Amendment Act of 1934 " no ~ r~ : n~ ! es fol' company, association, firm, or person shall erect or cause purpofse °tf to be erected, or utilise or cause to be utilised any omfacnhueeasce. ure b U ild· Ing, premIS. eS, p1ant, mach·mery, or equI. pment for or in respect of the manufacture of cheese unless the consent of the Governor in Council shall be first had and obtained: Provided that the Minister may, subject to such conditions as he thinks fit and/or as may be prescribed, approve of the utilisation on any dairy of any dairy house together with the plant, machinery, or equipment therein for the manufacture of cheese, where such cheese is solely the produce of milk produced on such dairy. Any contravention of this section shall be an offence. Any offence committed against this section shall render the offender liable, in the case of a company, association, or firm, to a penalty not exceeding five hundred pounds, and liable in other cases to a penalty not exceeding one hundred pounds or imprisonment for six months; and in addition liable, in the case of a * This Act.

DAIRY PRODUCE. 14967 1934. Dairy Prod:tlCe Acts, Etc., Amendment Act. company, association, or firm, to a daily penalty not New s. 270. exceeding one hundred pounds, and liable in other cases to a daily penalty not exceeding ten pounds for each and every day during which such offence is continued after a conviction therefor." 5. The following new section (270) is inserted after section 27B previously inserted, as follows : - app1y" [2t7 0 0. ] orNoathffiencgt iannysecbt U io' l lndsing2, 7 A praenmdI.se2s7, B p I sahnatl,l r S pe a rO v s i pV z eI : Sc ~ ItOonfs 8I . Sn. machinery, or equipment which was built and/or in 27A or 27B. use as or by a registered butter or cheese factory prior to the passing of *" The Dairy Produce Acts and Other Acts Amendment Act of 1934 " : Provided that the exemption contained in this section shall not apply to any such building, premises, plant, machinery, or equipment which, after the passing of such lastmentioned Act, shall be removed from the place where it was situated at the passing of such Act." 6. The following new section (27D) is inserted after New s. 27D. section 270 previously inserted, as follows : - " [27D.] An application for consent of the Governor Discretion of in Council. in respect of sections 27 A and 27B shall be in g~ :~ ~ il~ r in the prescrIbed form. It shall be in the absolute discretion of the Governor in Council to grant or refuse any such application, or to grant any such application subject to such terms, conditions, provisions, and stipulations as he shall deem fit either generally or in any particular case." 7. The following section (27E) is inserted after New s. 27E. section 27D previously inserted, as follows : - "[27E.] (1.) A director or manager of any company, Restriction association, or firm, as the case may be, which company, on agency. association, or firm controls or conducts a factory, and any other person in the employ of any such company, association, or firm shall not accept or agree to accept any agency, or act or agree to act as agent, or receive or agree to receive for his own use any fee, reward, gratuity, remuneration, benefit, or commission of any kind whatsoever for or in respect of or in connection with- (a) The building or erection of any dairy produce premises; or * This Act.

14968 DAIRY PRODUCE. Dairy Pl'oduce Acts, Etc., Am,endment Act. 25 Gm. V. No. 11, (b) The supplying or erecting of any plant, machinery, or equipment for any dairy produce premises; or . (c) The insuring of any building, premises, plant, machinery, or equipment of any dairy produce premises; or (d) The sale or purchase of any product, goods, machinery, or articles required or used by any dairy produce premises; or (e) The insuring of the produce of any dairy produce premises, except with the approval of such company, association, or firm, as the case may be. And for the purposes of this section the term " dairy produce premises" shall mean and include the dairy produce premises of such company, association, or firm, and also any other dairy produce premises whatsoever. Any director, manager, or other person as aforesaid who contravenes this subsection shall be guilty of an offence and shall be liable to a penalty not exceeding two hundred pounds. (2.) Such approval as referred to in subsection one of this section shall, in the case of a company or other body corporate governed by a board of directors, be signified by resolution duly passed at a meeting of directors and duly recorded, together with the conditions applicable to such appointment as agent, or as the case may be, in the minutes of such meeting. In the case of any company, association. or firm the owner shall give notice of any such approval, together with the detailed conditions of such appointment as agent, or as the case may be (including the rate of any commission or other payment), to the Minister not later than fourteen days after such approval. (3.) A record in writing shall be kept by the agent or person receiving or agreeing to receive any such payment as aforesaid of all business transactions in which he engages as agent, or for which he receives or agrees to receive any such payment as aforesaid. Such records shall be produced forthwith whenever demanded in writing by the Minister or person authorised in that behalf by the Minister for examination or audit or for such purpose as may be prescribed.

DAIRY PRODUCE. 14969 1934. Dairy Produce Acts, Etc., Amendment Act. (4.) Notwithstanding any Act or law to the contrary, the Minister shall have power at any time in his absolute discretion to cancel any approval of which notice has been so given to him for any reason which he deems good and sufficient; and moreover the Minister shall not be required to assign any reason for such cancellation. (5.) Any contravention of subsections two to four inclusive shall be an offence, and shall render the offender liable, in the case of a company, association, or firm, to a penalty not exceeding fifty pounds, and liable in other cases to a penalty not exceeding twenty pounds." 8. The following new sections are inserted after New ss. 34A section thirty-four of the Principal Act, as follows :__ and 34B. " [34A.] Where any offence against any of the Offence by provisions of this Act is committed by a company the company. chairman of directors or manager or other governing officer, by wha"Bever name called, of such company shall be liable to punishment provided by this Act for such offence if it is proved that such offence was committed with his knowledge or connivance. [34B.] A prosecution for any of the offences under Time of . this Act may be instituted within two years after prosecutIOns. the offence is committed or within one year after the discovery of the offence, whichever is the later period." 9. Notwithstanding anything in the Principal Act Oper. a~ ion of or in any other Act to the contrary, the provisions of this f~ fsv~ ~ ~ ~ s of Act shall extend and have force and operation throughout the State of Queensland. AMENDMENTS OF OTHER ACTS. (A) Amendment of " The Dairy Cattle Improvement Act of 1932." 10. A new section is inserted after section nineteen Amendment of *" The Dairy Cattle Improvement Act of 1932," as JJa~r;'; ;attle follows ;- Improvement Act of 1932." New s. 19A. "[19A.] Any annual fee for a license for a bullRecoveryof imposed under this Act after its commencement, and fees. * 23 Geo. v. No. 32, supra, page 14393.

14970 DAIRY PRODUCE. Dairy Pr'oduce Acts, Etc., Amendment Act. 25 GElO. V. No 11, 1934. which was not paid before the passing of *" The Dairy Produce Acts and Other Acts Amendment Act of 1934," shall, notwithstanding any Act or law to the contrary, be and be deemed to be payable to the Under Secretary, and shall be recoverable at any time within six months after the passing of such lastmentioned Act by complaint in a summary way under t" The Justices Acts, 1886 to 1932"; and, moreover, the provisions of this section shall be read and construed to the intent that any annual fee for a license for a bull remaining unpaid at the passing of *" The Dairy Produce Acts and Other Acts Amendment Act of 1934 " is and shall be recoverable in the manner aforesaid, notwithstanding the neglect or failure of the owner of such bull to apply for a license under this Act, or notwithstanding his neglect or failure to enclose such fee with his application for such license." (B) Amendment of "The Criminal Code." Aooffm S " . e T n 4 h 4 d 2 m e H ent sectio 1 n 1 4 . 4 T 2H heoffol t l " ow T i h n e g C a r d i d m i i t n io a n l a C l o p d r e o ," visaisofnolilsowads d:e-d to Oriminal Oode." Tprimoseecfuortions. " PrO· VdI ed further, any proceedl'ngs as afor·esdal may be begun within two years after the offence is committed or within one year after the discovery of the offence, whichever is the later period." The amendment made by this section shall be read and construed with t" The Criminal Code." * This Act. t 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seg. :j: 63 Vic. No. 9, Schedule, supra, page 344. DINGOES AND MARSUPIALS. See LOCAL AUTHORITIES. DIRECTOR-GENERAL OF HEALTH. See HEALTH. DISCHARGED SOLDIER SETTLEMENT. See BANKS (1), (2). See COMMONWEALTH AND STATES. See LANDS, CROWN (1).