Dairy Products Act 1933 (NSW)

DAIRY PRODUCTS ACT.

Act No. 17, 1933.

An Act relating to dairy products; to constitute a Dairy Products Board; and for purposes connected therewith. [Assented to, 5th December, 1933.]

lative Council and Legislative Assembly of New South BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis-

Wales in Parliament assembled, and by the authority of the same, as follows :—

1 . (1) This Act may be cited as the " Dairy Products

Act, 1933."

(2) This Act shall commence on a day to be

published in the Gazette.

( 3 ) This Act and any regulat ions , proclamations,

appointed by the Governor and notified by proclamation

or notices made the reunder shall be read and construed subject to the Commonwealth of Aus t ra l i a Consti tution Act, and so as not to exceed the legislative power of the Sta te , to the intent tha t where any provision of this Act or of any regulat ion, proclamation, or notice made there­ under , or the appl icat ion thereof to any person or circum­ stance is held invalid, the remainder of this Act or of such regulat ion, proclamat ion, or notice, and the appli­ cation of such provision to other persons or circumstances shall not be affected.

2. I n this Act, unless the context or subject-matter otherwise indicates or requi res—

" Boa rd " means the D a i r y P roduc t s Boa r d con­

s t i tu ted under this Act.

" Da i ry products " means bu t te r and cheese.
' ' Manufac tu re r ' ' means a person who manufac tures

upon any land or premises such a quant i ty of bu t t e r or cheese as ei ther alone or together with the quant i ty of e i ther or both of such da i ry products manufac tured for sale upon the same land or premises by any other person, exceeds ten pounds in weight in any one week.

" Prescr ibed " means prescr ibed by this Act or by

the regulat ions.

" Publ ic notice " means notice published in the Gazette and in a t least one dai ly newspaper published in Sydney, and a t leas t one newspaper published outside the County of Cumberland.

" Quota " means the p ropor t ion of the bu t te r or of the cheese manufac tured by a manufac tu re r within New South Wales t ha t he is permi t ted for the t ime being to sell in the course of his in t r a s t a t e t r ade or commerce in New South Wales .

" Regulat ions " means regulat ions made under this

Act.

" Sell " includes ba r t e r or exchange and " Sale " has a corresponding meaning.

3. (1) There shall be a Board to be called the " New South Wales Dai ry P roduc t s Board " which shall consist of seven members appointed by the Governor.

(2) Of the members so appointed—

(a) one shall be nominated by the Minis te r ;

(b)	two shall be persons nominated by the boards of directors of companies which a re manufac turers as the representa t ives of such companies ;
(c)	two shall be persons nominated by the boards of d i rectors of societies regis tered under the Co­ operat ion Act, 3923-1932, which are manufac­ tu re r s as the representa t ives of such societies;
(d) two shall be nominated by the P r i m a r y	P r o ­

duce r s ' Union of New South Wales as the

representa t ives of such union.

The nominat ions p u r s u a n t to p a r a g r a p h s (b) , (c) ,

and (d) of this subsection shall be made in the manner
prescribed.

(3) If no nominat ion or no sufficient nominat ion of a person as representa t ive of the companies, societies, or union refer red to in subsection two of this section is made within fourteen days af ter the commencement of this Act, the Governor may appoint any person as a member of the board as representa t ive of the companies, societies, or union in respect of the representa t ives of which no nomination or no sufficient nominat ion has been made.

(4) The members of the B oa r d shall hold office

for a per iod of three years from the commencement of
this Act.

(5) The Board shall be a body corporate under the name of the ' ' New South Wales Da i ry Produc t s Board " with a common seal and shall be capable of suing and being sued in i ts corpora te name and of acquiring, hold­ ing and disposing of real and personal p roper ty .

(6) No act or proceeding of the Boa r d shall be
inval idated by reason of any defect or i r r egu la r i ty in

the constitution of the Board or in the nominat ion or

appoin tment

appointment of any member, or by reason of there being any vacancy in the number of members a t the t ime of such act or proceeding.

4. For the purposes of this Act the Board may appoint a secre tary and may appoint or employ such other officers and such servants , agents and other per­ sons as a re necessary.

5. (1) There shall be payable to the Board by every manufac tu re r a contr ibut ion towards the cost of defray­ ing the expendi ture involved in the adminis t ra t ion of th is Act and of ca r ry ing out the dut ies and functions of the Board thereunder , or pu r suan t or incidental thereto .

Such contr ibut ion shall be on the basis, a t the time, and in the manner prescr ibed.

Different bases may be prescr ibed on which the contri­

bution in respect of any pa r t i cu la r g rade or var ie ty of

da i ry products a re to be payable .

( 2 ) Any contr ibut ion unpaid may be recovered

from the manufac tu re r by the Boa r d as a debt in any
court of competent jurisdict ion.

6. The Minis ter may from t ime to t ime determine, af ter consultat ion with the Board , wha t is to be the quota for the purposes of this Act and by public notice promulga te the same. The quota so determined shall become effective from the publication of the notice of the de terminat ion in the Gazette, and shall remain in force unt i l a quota subsequently de termined in like manner becomes effective.

A quota may be determined for bu t t e r general ly or different quotas may be determined for one o r more pa r t i cu la r g rades of bu t te r or for all bu t te r other than bu t te r of a specified grade , and a quota may be deter­ mined for cheese general ly or different quotas may be determined for one or more var ie t ies of cheese, or for all cheese other than cheese of a specified var ie ty .

7. (1) No manufac tu re r shall in the course of his
in t r a s t a t e t r ade or commerce within New South Wales

sell in excess of the quota for the t ime being in force

da i ry products manufac tured by h i m :

Prov ided

Prov ided always tha t in determining the quant i ty of any da i ry products which a manufac ture r is permi t ted to sell du r ing the per iod in which any quota is in force, account shall be taken only of the da i ry products manu­ factured by him dur ing tha t period, and a manufac tu re r shall not dur ing that per iod in the course of his in t r a s t a t e t r ade or commerce in New South Wales sell any da i ry products not manufac tured by him within the said period.

(2) Any person cont ravening any of the provi­ sions of this section shall be liable on conviction to a penal ty not exceeding five hundred pounds .
8. The Board shall have power to enter into contracts o r a r rangement s with boards appointed under legislation in other S ta tes with objects similar to those of this Act for the purpose of ca r ry ing such objects into effect and for purposes incidental thereto , and the Bo a r d shall have power to enter into any such contracts or a r r angemen t s with such boards for or on behalf of any manufac turer .
9 . ( 1 ) The Board may by public notice require all or any persons having within the locality and a t the t ime there in specified any da i ry products in excess of a quan t i ty specified in the notice owned by them or in the i r disposal or under thei r control for the purposes of t r ade or sale to make r e tu rns of the said da i ry products and to supply such informat ion as is required for the purposes of this Act.
(2) Such r e tu rns shall be in the form and shall contain the par t i cu la rs prescribed, and such r e tu rns shall be made and such information shall be supplied to the persons prescr ibed and within the t ime specified in the

notice.

(3) E v e r y person to whom such a notice appl ies who

fails, neglects, or refuses to make such a r e tu rn or to supply such information as prescr ibed or within the per iod specified in the notice or who makes any false r e t u r n or supplies any false informat ion shall be liable on conviction to a penal ty not exceeding one hundred pounds.

10. The Board may exercise any such powers as are conferred upon it by or under any Act of P a r l i a m e n t of the Commonwealth of Aus t ra l i a re la t ing to da i ry products .

11. No action, claim, or demand whatsoever shall lie or be made or allowed by or in favour of any person whomsoever agains t His Majesty or the Minis ter or the Boa rd or any member thereof or any officer or person act ing in the execution of this Act for or in respect of any damage, loss, or in jury sustained or alleged to be sus ta ined by reason of the pass ing of this Act, or of i ts operat ion, or anyth ing done or pu rpo r t i ng to be done unde r this Act.

12.      (1) F o r the purpose of ascer ta in ing whether any

offence aga ins t this Act or the regula t ions has been committed, any officer of the Board or any person autho­ r ised by the Board in tha t behalf ei ther general ly or in any par t i cu la r case may, a t any reasonable t ime, enter any premises and inspect any books, accounts, regis ters , documents, or wri t ings found in or upon such premises re la t ing to any t ransac t ion in connection with dai ry produce and may take copies thereof or of any entr ies therein.

( 2 ) Any person who obstructs , h inders , prevents ,

or in terferes with any officer or person so author ised or who, when requested so to do, refuses or neglects to produce such books, accounts, regis ters , documents, or wri t ings , shall be liable on conviction to a penal ty not exceeding one hundred pounds .

13. (1) Any person contravening any of the provi­ sions of this Act or any regulat ion shall, when no other pena l ty is expressly provided, be liable on conviction to a pena l ty not exceeding fifty pounds.

( 2 ) Penal t ies imposed by this Act or by any

regulat ion may be recovered in a summary manner before
a s t ipendiary or police mag i s t r a t e or any two	justices
in a court of pe t ty sessions.

14. (1) Any information, complaint, or other legal proceeding under this Act or the regula t ions may bo laid, made, and taken in the name of the Board by the secre tary or by any other officer duly author ised in tha t behalf ei ther generally or in any par t i cu la r case.

( 2 ) In any proceedings the product ion of a

notification in the Gazette tha t any person has been so author ised shall be conclusive evidence of the au thor i ty and evidence that his au thor i ty to act remains in force.

(3)

(3) The secre tary or other officer shall out of the funds of the Board be re imbursed all damages , costs, charges and expenses to which he is p u t or with which he becomes chargeable by reason of anyth ing contained in subsection one of this section.

15. (1) The Governor may make regulat ions not inconsistent with this Act prescr ib ing all ma t t e r s which a re requi red or permi t ted to be prescr ibed or which a re necessary or convenient to be prescr ibed for carrying out or giving effect to this Ac t ; and in pa r t i cu la r and without l imiting the general i ty of the foregoing power, the Governor may make regulat ions for or with respect to—

(a) the nomination of members of the Board, the election of a chai rman of the Board , the vacat ion of office by members of the Board , the filling of vacancies in the office of members of the Board , the provision of deputies for members of the Board, the proceedings and procedure of the Board, and the quorum of meetings of the B o a r d ;

(b) the de terminat ion and promulgat ion of a quo ta ;

(c)	the co-operation of the Board with boards appointed under legislation in other S ta t e s with objects similar to those of this Act ;
(d)	the appointment by the Board of members of the Boa rd to represen t i t in consultat ion with boards appointed under legislation in other S ta tes wi th objects s imilar to those of this Act or with the Minister for Commerce or other
Minister of S ta te for the Commonweal th;
(e)	the furnishing of information or returns relat­
ing to da i ry p roduc t s ;

(f) the forms which may be used under this Act.

(2) Notwi ths tanding any th ing in this Act con­ tained, the regula t ions may provide for the regulat ion and control of the sale within New South Wales of da i ry products placed in cold store by a manufac turer , and may prescr ibe conditions upon which da i ry products so placed in s tore may be rega rded as sold otherwise than in the in t ras ta te t rade , or commerce within New South

Wales

Wales of the manufac tu re r and conditions re la t ing to the wi thdrawal of parcels of such da i ry products and may prescr ibe different conditions according to the purpose for which the wi thdrawal is made. Such conditions may include the requi rement of the consent of the Board or of any prescr ibed officer thereof to any deal ing or disposal of the da i ry products .

(3) The regula t ions may prescr ibe a penal ty not exceeding fifty pounds for any breach thereof.

( 4 ) The regula t ions shall—

(a) be published in the Gazet te ;

(b)	take effect from the date of publication, or from a la ter date to be specified in such regu la t ions ; and
(c)	be laid before both Houses of Parliament within four teen s i t t ing days af ter publication if P a r ­ l iament is in session and, if no t , then within four teen s i t t ing days af ter the commencement of the next session.

If e i ther House of P a r l i a m e n t passes a resolut ion of

which notice has been given within fifteen s i t t ing days af te r any regula t ion has been laid before such House , disal lowing such regulat ion or p a r t thereof, such regula­ t ion or p a r t shall thereupon cease to have effect.

16. ( 1 ) The provis ions of this Act other t han this section shall cease to have effect upon the expira t ion of a per iod of th ree yea r s f rom the commencement of th is Act.

( 2 ) W h e n this Act ceases to have effect the B o a r d

shall be dissolved and all p r o p e r t y and r igh ts	whatsoever
vested in or held on t r u s t for the Bo a r d immediately	p r io r
to i ts dissolution	(but not including p r o p e r t y held by

the B o a r d on t r u s t for any other person) shall be deemed to be bona vacan t ia and shall accordingly belong to the Crown and m a y be deal t wi th in such manne r as the Governor may direct.

F L O U R