Dried Fruits Act 1939 (NSW)

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DRIED FRUITS ACT.
Act No. 7, 1939.

An Act to make provision for the regulation of the dried fruits industry; to reconstitute the New South Wales Dried Fruits Board; to provide for the registration of packing houses; to repeal the Dried Fruits Act, 1933; to make consequential amendments of the Marketing of Primary Products Act, 1927-1938, and certain other Acts; and for purposes connected therewith. [Assented to, 4th August, 1939.]

lative Council and Legislative Assemblv 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 :—

PART I.
PRELIMINARY.

1 . (1) This Act may be cited as the "Dried Fruits i Act, 1939."

, (2).
(2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
(3) This Act is divided into Par ts as follows:—

PART I.—PRELIMINARY.

PART I I . — T H E DRIED FRUITS BOARD.
PART I I I .—FINANCIAL.
PART IV.—PACKING HOUSES.
PART V.—MARKETING OF DRIED FRUITS.
PART VI—MISCELLANEOUS.
2. (1) The Dried Fruits Act, 1933, is hereby repealed. (2) The repeal of the Dried Fruits Act, 1933, shall

not operate to break the continuity of the existence of the body corporate known as the New South Wales Dried Fruits Board which was constituted under that Act or the Acts repealed by that Act, but that body corporate shall continue notwithstanding such repeal.
(3) (a) All persons appointed or employed under the provisions of the Dried Fruits Act, 1933, and holding office at the commencement of this Act shall continue to hold office and shall be deemed to have been appointed or employed under the provisions of this Act.
(b) All persons authorised under the provi sions of the Dried Fruits Act, 1933, to do any acts or things shall, where the authority is still in force at the commencement of this Act, be deemed to have been authorised under the provisions of this Act.
(c) Any agreement made under the provisions

of the Dried Fruits Act, 1933, for the utilisation of the
services of any officer, inspector or servant of the Com
mission, and in force at the commencement of this Act, shall be deemed to have been made under the provisions of this Act.
(4) All regulations made under the provisions of the Dried Fruits Act, 1933, and in force immediately before the commencement of this Act, shall, to the extent to which they are not inconsistent with this Act, continue in force but may be amended or repealed by regulations made under this Act.

(5)

(5) All levies, fees, allowances, charges and ex penses payable, and all penalties, incurred under the provisions of the Dried Fruits Act, 1933, and payable or incurred at the commencement of this Act shall be deemed to be payable and to have been incurred respectively under the corresponding provisions of this Act.

(6) Any act, matter or thing commenced or any right or privilege acquired or any liability, civil or criminal, obligation, penalty or punishment incurred, under the authority of the Dried Fruits Act, 1933, and commenced, acquired or incurred before the commence ment of this Act shall be deemed to have been com menced, acquired, or incurred, as the case may be, under the authority of this Act.

(7) Nothing in this section contained shall limit any saving in the Interpretation Act of 1897.

3. In this Act unless inconsistent with the context or subject-matter—

" B o a r d " means the New South Wales Dried Fruits
Board.

" B u y " includes barter exchange and agree to buy barter or exchange; and words derived there from have a corresponding interpretation.
"Cha i rman" means chairman of the Board.
"Cleanness" in relation to dried fruits means free
dom from foreign substances.

" Dehydrator" means any structure used for
dehydration in the process of drying dried fruits.
"Disease" in relation to dried fruits means any
abnormal condition of or in dried fruits whether
consisting of the presence of or caused by or due
to the operation development growth or decay of
any insect mould or fungus.

"Drawback f rui t" means dried fruits returned to the grower thereof for his domestic use by the owner of the packing house to which the same were sent to be packed.
"Dried cur ran ts" means dried currants produced solely from currant grapes and not containing more than five per centum of berries containing seed.
"Dried

"Dried f ru i t s" means dried currants, dried sultanas, lexias, dried apricots, dried nectarines, dried peaches, dried pears, dried prunes, and such other fruits that have been dried as are declared by the regulations to be dried fruits for the purposes of this Act; and all such fruits shall be deemed to be dried for the purposes of this interpretation if they are completely dried or are in the process of being dried or have been or are being subjected to any further treatment or process or action.
"Dried p runes" means dried prunes produced from the following varieties of prunes only:—D 'Agon, Kobe de Sargent, Splendour, Old French (some- times known as Goulburn Valley), Fellemberg, Imperial, Sugar; and includes such dried prunes when packed in syrup.
"Dried sul tanas" means dried sultanas produced solely from sultana grapes.
"Dried tree f ru i t s" means dried apricots, dried nectarines, dried peaches, dried pears, dried prunes and such other dried fruits as are declared by the regulations to be dried tree fruits for the purposes of this Act.
"Dried vine f ru i t s" means dried currants, dried sultanas, lexias and such other dried fruits as are declared by the regulations to be dried vine fruits for the purposes of this Act.
"Foreign substance" means dirt gravel sand stalks
stones insects and insect refuse and any other

foreign matter (whether organic or inorganic) on or in dried fruits.

" F r e s h n e s s " in relation to dried fruits means that
the dried fruits are the product of the latest crop or that the condition of the dried fruits has not been materially impaired by age or any other cause.

" G r a d e " has relation to appearance, colour, clean- ness, flavour, freshness, ripeness, kind, maturity, number, quality, size, form, soundness, texture, variety and weight of dried fruits.

" G r o w e r "

"Grower" means person who is engaged in the pro
duction of dried fruits.
" Inspec tor" means any person appointed or author ised to act as an inspector for the purposes of this Act.

" L e x i a s " means dipped lexias produced from the
following varieties of grapes:—Waltham Cross (sometimes known as Malaga), Gordo Blanco, Muscat of Alexandria.

"Member" means member of the Board.
"Package" includes every means by which dried
fruits for carriage or for storage or for sale may be cased, covered, enclosed, contained or packed; and " p a c k " and words derived there from have a corresponding interpretation.

"Packing house" means any building erection or other place whatsoever in which or where dried fruits are prepared, stemmed, processed, graded, sorted or packed whether such building or erec tion or place is or is not used for any other purpose.
"Prescr ibed" means prescribed by this Act or by the regulations.
"Regulat ions" means regulations made under this
Act.

"Season" means—

(a)

in the case of dried currants, dried sul tanas, lexias, dried prunes, dried peaches

and dried pears—the calendar year;

(b)

in the case of dried apricots and dried nectarines—the period commencing on the first day of November in any year and ending on the thirty-first day of October of the succeeding year;

(c)

in the case of dried fruits which are declared by the regulations to be dried fruits for the purposes of this Act—such period as is prescribed.

"Secre ta ry" means the secretary of the Board.
" S e l l "
" S e l l " includes barter, exchange, agree to sell barter or exchange, offer or expose for sale, have in possession for sale, receive send forward or deliver for or on sale, and cause suffer or attempt any of such acts or things; and words derived therefrom have a corresponding inter pretation.
"Soundness" in relation to dried fruits mean free from disease damage fermentation mould or decay.
" S t o r e " means any store building or other erection or place whatsoever where dried fruits are stored.
"The Commission" means the Water Conservation and Irrigation Commission.

" Y e a r " means calendar year.

4. (1) The Governor may by the regulations—

(a) declare any dried fruits to be dried fruits for the purposes of this Act;
(b) declare any such dried fruits to he dried vine fruits or dried tree fruits for the purposes of this Act; and
(c) revoke amend or vary any regulation made under this section, and any regulation so amended or varied shall take effect accordingly.

(2) The Marketing of Primary Products Act, 1927- 1938, is amended—

(a) by omitting from the definition of " P r o d u c t "
in section four the words "dried currants, dried
sultanas, dried lexias";

(b) by inserting at the end of the same definition the
words " o r any dried fruits to which the Dried
Fruits Act, 1939, for the time being applies."

PART II .

T H E DRIED FRUITS BOARD.

5. (1) For the purposes of this Act there shall be a Board to be called the "New South Wales Dried Fruits Board" constituted as hereinafter provided.

(2)

(2) The Board shall be a body corporate under the name of the "New South Wales Dried Fruits Board" with perpetual succession and a common seal and may sue and be sued in its corporate name and shall for the purposes of and subject to the provisions of this Act be capable of acquiring, holding, leasing, taking on lease, exchanging, disposing of or otherwise dealing with real and personal property and of doing and suffering all such acts and things as bodies corporate may by law do and suffer.

(3) The Board shall consist of five members of

whom—

(a) one shall be appointed from time to time by the Governor and shall be chairman;
(b) one shall be elected by growers producing dried vine fruits from fruits grown by them on land situated within the irrigation areas known respectively as Yanco No. 1, Yanco No. 2 and Mirrool No. 1 in the State of New South Wales and within any irrigation area which may be con stituted of lands within the State of New South Wales adjoining or adjacent to such first- mentioned irrigation areas;
(c) one shall be elected by growers producing dried vine fruits from fruits grown by them on land situated within the State of New South Wales elsewhere than within the irrigation areas referred to in paragraph (b) of this subsection;
(d) one shall be elected by growers producing dried

tree fruits from fruits grown by them on land situated within the counties of Forbes, Monteagle
and Harden in the State of New South Wales;

(e) one shall bo elected by growers producing dried tree fruits from fruits grown by them on land situated within the State of New South Wales elsewhere than within the counties of Forbes, Monteagle and Harden.
(4) A person shall not be qualified for election as a member of the Board unless his name is included in the roll of growers.
(5)
(5) Subject to this Act—

(a) the appointed member of the Board in office immediately before the commencement of this Act shall continue to be the appointed member and to be the chairman of the Board; and
(b) the elected members of the Board in office immediately before the commencement of this Act shall continue to hold office until the last day of February, one thousand nine hundred and forty.

G. (1) All elections under this Act shall be conducted and the result thereof certified in the prescribed manner and shall be held at such times as are prescribed and under the direction of such returning officers as are appointed by the Governor.
(2) For the purposes of such elections a roll of growers shall be prepared and revised in the manner and at the times prescribed.
(3) The roll of growers shall be divided into divisions, and each division shall consist of two parts, as follows:—
Division I.—Dried Vine Fruits.

Par t A.
Par t B.

Division II.—Dried Tree Fruits.

Par t A.

Par t B.

(4) (a) In Par t A of Division I there shall be entered the names of growers producing dried vine fruits from fruits grown by them on land situated within the irrigation areas known respectively as Yanco No. 1, Yanco No. 2 and Mirrool No. 1 within the State of New South Wales and in any irrigation area which may be constituted of lands within the State of New South Wales adjoining or adjacent to such first mentioned irrigation areas.

(b)

(b) In Par t B of Division I there shall be entered the names of growers producing dried vine fruits from fruits grown by them on land situated within the State of New South Wales elsewhere than within the irrigation areas referred to in paragraph (a) of this subsection.

(c) In Par t A of Division I I there shall be entered the names of growers producing dried tree fruits from fruits grown by them on land situated within the counties of Forbes, Monteagle and Harden in the State of New South Wales.
(d) In Par t B of Division I I there shall be entered the names of growers producing dried tree fruits from fruits grown by them on land situated within the State of New South Wales elsewhere than within the counties of Forbes, Monteagle and Harden.
(5) (a) If a person possesses the qualifications for enrolment within both Division I and Division I I he shall be eligible for enrolment in each of those divisions.

(b) If a person possesses the qualifications

for enrolment within—

(i) both Part A and Part B of Division I he shall be eligible for enrolment in only one of those par ts ;
(ii) both Part A and Part B of Division II he shall be eligible for enrolment in only one of those parts.

Any such person may by instrument in writing be enrolled.

addressed to the Commission elect in which Par t he shall

(G) No grower shall have his name entered in the roll of growers unless—

(a)

during the then current season or one of the two preceding seasons he has produced more than five hundredweights of dried vine fruits; or

(b)

during the then current season or each of at least three of the five preceding seasons he has pro duced more than five hundredweights of dried tree fruits.

t 1145—B (7)
(7) No person shall vote at any such election unless his name is included in the roll of growers.
7. (1) During the month of February, one thousand nine hundred and forty, and in the month of February in each third year thereafter a general election of mem bers shall be held.
(2) The members elected at any such general elec tion shall take office upon the first day of March in the year in which the election is held and subject to this Act shall cease to hold office on the last day of February in the third year after the year in which they were elected but shall be eligible for election for an ensuing term.
8. (1) If the office of an elected member becomes vacant during the term for which he is elected a person shall be elected to fill the vacancy:
Provided that if the vacancy occurs within six months of the end of such term the Governor may appoint a per son to fill the vacancy, and a person so appointed shall have the same powers rights and duties as an elected member.
(2) Subject to this Act a person so elected or appointed shall hold office during the remainder of his predecessor's term of office but shall be eligible for elec tion for an ensuing term.
9. The appointed member of the Board shall subject to this Act hold office until his appointment is terminated by the Governor.
10. (1) The Governor may remove any member from
office for misbehaviour or incompetence or neglect of his

duties. (2) The office of any member shall become vacant
if he—

(a)

resigns his office by writing under his hand addressed to the Minister;

(b)

without the permission of the Board or of the chairman fails to attend three consecutive meet ings of the Board at which he is entitled to vote;

(c)

is removed by the Governor for misbehaviour or incompetence or neglect of his duties;

(d)

(d)

becomes bankrupt or assigns his estate for the benefit of his creditors;
(e) is convicted of a felony or misdemeanour; or

(f) becomes an insane person or patient or an incap able person within the meaning of the Lunacy Act of 1898.

(3) No act or proceeding of the Board shall be invalid or be prejudiced by reason only of the fact that at the time when such act or proceeding is done taken or commenced there is a vacancy in the office of any member.

1.1. (1) The Governor may appoint a deputy to act for any member during his absence.
(2) A deputy so appointed shall have the same powers rights and duties as the member in whose place he was appointed.

12. The members of the Board shall be paid such fees and allowances as are prescribed.

13. (1) Meetings of the Board shall be called by the secretary at the direction of the chairman or upon the requisition of any two of the elected members of the Board.

(2) (a) The Board may without a meeting being held arrive at a decision in relation to any question or matter by the members indicating in writing addressed to the secretary their respective individual decisions.
(b) Each such individual decision shall be regarded as the vote of the member as if given at a meet ing of the Board and shall be kept by the secretary in the Board's records for reference purposes.

(3) The chairman shall preside at meetings of the Board at which he is present.

In the absence of the chairman from any meeting the members present shall elect one of their number to pre side at the meeting.

(4) Both at meetings of the Board and in cases where decisions are given in writing if the question or matter to be considered is—

(a)

solely in connection with dried vine fruits, only the chairman and the two members of the Board elected by the growers of dried vine fruits shall be entitled to vote;
(b)

(b)

solely in connection with dried tree fruits only the chairman and the members of the Board elected by the growers of dried tree fruits shall be entitled to vote;

(c)

of a general nature, all five members of the Board shall be entitled to vote.

(5) At meetings of the Board if the question or matter before the Board is—

(a) solely in connection with dried vine fruits, any two of the members entitled to vote at such meetings shall form a quorum;
(b) solely in connection with dried tree fruits, any two of the members entitled to vote at such meetings shall form a quorum;
(c) of a general nature, any three members (of whom at least one shall be a member elected by the growers of dried vine fruits and at least one shall be a member elected by the growers of dried tree fruits) shall form a quorum.

Any meeting at which a quorum is present shall have all the powers and authorities conferred on the Board by this Act.

(6) Whenever the members who are entitled to vote in accordance with the provisions of subsection four of this section are not unanimous as to any question or matter, whether at meetings of the Board or in cases where decisions are given in writing, the question or matter shall be decided by a majority of votes and the decision so arrived at shall be the decision of the Board.
(7) Meetings of the Board shall be conducted and recorded as prescribed.
14. (1) The Board with the approval of the Minister may appoint a secretary and any inspectors or other officers whom it considers necessary to enable it to carry out its duties and functions.

(2) The Commission may allow the services of any of its officers, inspectors, and servants to be utilised by the Board as secretary to the Board and otherwise on such terms and conditions as may be agreed upon between the Commission and the Board, and in such case

such

such officers, inspectors and servants shall remain employees of the Commission, and no accrued or accruing rights of such officers, inspectors and servants shall thereby be prejudiced, but shall remain in full force and effect as if their services were not utilised by the Board.

(3) The Board may authorise any persons to do such acts and things not inconsistent with this Act as it considers necessary for carrying out this Act.

(4) The salaries, wages or other remuneration of officers of the Board shall be fixed by the Governor.

PART III .
FlNANCIAL.

15. ( t ) Before the last day of February in each year the Board shall prepare an estimate of the probable expenditure for that year to be incurred in the adminis tration of this Act and in carrying out the powers and duties of the Board.

(2) Such estimate shall be submitted to the Minister for approval and shall have no force or effect unless approved by the Governor.

(3) Towards the expenditure so estimated there shall be contributed in the case of every registered pack ing house by the person in whose name the packing house is registered such sum as is determined by the Board in accordance with the regulations.

penny per pound of the quantity of dried fruits sold from	house exceed an amount equal to one thirty-second of a (4) Such sum shall not in the case of any packing	the packing house and also of the quantity of dried fruits forwarded therefrom for purposes of trade or sale in the next preceding year:
Provided that if any packing house has not been in operation for a period of one year or if no return under this section or an insufficient return has been made in respect of any packing house the sum to be contributed in respect of such packing house shall be a sum deter mined by the Governor.

(5)
(5) Every sum to be contributed as aforesaid shall be paid to the persons at the times in the instal ments and in the manner prescribed.
(6) If any such sum or any instalment thereof is not paid as and when the same becomes payable the amount thereof may be recovered in any court of com petent jurisdiction by the Minister or some person authorised by him in writing.
(7) (a) The person in whose name any packing house is registered shall, as and when prescribed make such returns and supply such information as is required for the purposes of this section.
(b) Every such person who fails to make such a return or to supply such information as and when prescribed or who makes any false return or supplies any false information shall be guilty of an offence against this Act.
16. All contributions paid or recovered under the last preceding section and all other moneys received by the Board under this Act shall be paid into an account in Special Deposits Account.
17. The moneys in the said account shall be made available to the Board for the purpose of meeting all expenditure incurred in carrying out the powers and duties of the Board or in the administration of this Act including the payment of the fees and allowances of members and of salaries, wages or other remuneration of officers of the Board.
18. (1) The Board shall cause proper books of
accounts to be provided and kept and true and regular
accounts to be entered therein of all sums of money

incidental thereto and of the several purposes for which received and paid on account of this Act or pursuant or
sums of money have been received and paid.

(2) The accounts of all moneys received and paid as aforesaid shall be audited by the Auditor-General who shall have with respect to such accounts all the powers conferred on him by any law now or hereafter in force relating to the audits of public accounts and the Audit Act, 1902, and Acts amending the same shall apply to the Board and its affairs in the same manner as it applies to accounting officers of Public Departments.

(3)

(3) The Board shall as soon as practicable after the thirtieth day of June in each year furnish to the Minister statements of accounts in a form approved by the Auditor-General exhibiting a true and correct view of the financial position and transactions of the Board.
(4) Such statements shall be laid before both Houses of Parliament within fourteen sitting days if Parliament is then in session, or if not, then within four teen sitting days after the commencement of the next session.
(5) Towards defraying the costs and expenses of the audit the Board shall pay to the Consolidated Revenue Fund such sums at such periods as the Colonial Treasurer may decide.
PART IV.
PACKING HOUSES.

19. (1) All packing houses shall be registered under this Act.
(2) Application for registration of a packing house shall be made annually as prescribed.
(3) Every such application shall be in the pre scribed form and shall be accompanied by a statement of the varieties of dried fruits which it is proposed to treat at such packing house and of such other particulars as are prescribed.

the statement accompanying the application as are speci only such of the varieties of dried fruits referred to in (4) A packing house may be registered to treat
fied in the certificate of registration.

(5) The registration of a packing house shall expire on the thirty-first day of December next after it takes effect.

(6) When a packing house has been registered, the registration thereof may at any time during the currency of the registration upon application in the pre scribed form be transferred to any other person approved by the Governor.
(7)

(7) The granting renewal or transfer of the regis tration of any packing house shall be in the sole discre tion of the Governor.
(8) Every application for registration or transfer of registration of a packing house shall be accompanied by the following fee:—

(a)

For registration or for renewal of registration —One pound.
(b) For transfer of registration—Five shillings.
(9) Every building or erection which was imme diately before the commencement of this Act a registered packing shed under the Dried Fruits Act, 1933, shall be deemed to be a registered packing house under this Act and shall continue to be such a registered packing house until such time as the registration of such building or erection as a packing shed under the Dried Fruits Act, 1933, would have expired if this Act had not been passed.
(10) In this section " t r e a t " means prepare stem process grade sort or pack.
2 0 . (1) A certificate of registration shall be issued in respect of each registered packing house and shall state the name of the person in whose name the packing house is registered.
(2) Where the registration of a packing house is transferred a statement in the prescribed form of the transfer of the registration and of the name of the person into whose name the registration is transferred shall be; endorsed on the certificate of such registration.

2 1 . (1) No person shall buy or sell any dried fruits
unless the dried fruits have been packed in a registered
packing house.
(2) No person shall buy or sell any dried fruits

unless—

(a)

the dried fruits are packed and graded in accord ance with the regulations; and

(b)

the dried fruits are packed in packages which are of the size dimensions and materials prescribed and which are branded marked or labelled in accordance with the regulations.

(3)

(3) No person shall sell any fruits as dried fruits or as any variety of dried fruits unless such fruits have been packed in a registered packing house.

(4) The foregoing provisions of this section shall

not apply—

(a) to a sale by a grower of dried fruits produced by such grower to the person in whose name a packing house is registered for the purpose of being processed or packed or to the buying thereof by such person from such grower;
(b) to a sale of dried fruits by the person in whose name one packing house is registered to the person in whose name another packing house is registered for the purposes of being processed or packed or to the buying thereof by such last- mentioned person;
(c) to a retail sale of dried fruits to a customer by a grocer storekeeper or other such retail seller or to the retail buying thereof by such customer from such grocer storekeeper or seller; or
(d) to a sale of dried fruits to the owner of a winery or distillery for the purpose of manufacturing wine or spirits or to the buying thereof by such owner.
22. (1) Except under such conditions as are pre

scribed dried fruits produced from currant grapes shall
not be—

(a) bought or sold; or
(1)) removed from a packing house for the purpose
of being bought or sold—

in any case where more than five per centum of the

berries contain seed.
(2) Any person who contravenes the provisions of this section shall be guilty of an offence against this Act.
23 . (1) No person shall use or occupy any premises or other place whatsoever for the purpose of stemming, processing, grading, sorting, or packing any dried fruits unless those premises are or that place is for the time being registered under this Act as a packing house.
(2) Every person who contravenes or fails to
comply with the foregoing provisions of this section shall
be

be liable to a penalty of not more than one hundred pounds and to an additional penalty of ten pounds for every day on which the premises are or the place is used or occupied in contravention of this section, and the court may order that the plant and machinery used at the premises or place, in respect of the use of which the penalty is imposed, be forfeited to His Majesty.
24. (1) The Board may, in accordance with the regu lations, appoint graders of dried fruits and license classers of dried fruits.
(2) The Board may revoke any such license where it is satisfied that the holder thereof is unfitted for any reason to continue to hold the license.
25 . Any dried fruits offered for sale or disposal which have not been packed in a registered packing house may upon an order in writing under the hand of the chairman be seized and detained, and a court of summary jurisdic tion may, in addition to imposing any penalty for the sale of such dried fruits, order that any dried fruits so seized and detained shall be forfeited to His Majesty.
26. An inspector may—

(a)

prevent any dried fruits which are not in a fit condition for processing or packing from being received into a packing house or store; or

(b)

order the removal from any packing house or store of any dried fruits which are not in a fit condition for processing or packing.

PART V.
MARKETING OF DRIED FRUITS.

27. (1) The Minister upon the recommendation of the Board may by notice published in the Gazette from time to time determine the maximum proportion of the dried fruits produced in New South "Wales in any season which may be marketed within New South Wales other wise than by way of sale to a winery or distillery for the purpose of manufacture of spirits or wine.

(2)

(2) If from any packing house a greater propor tion of the dried fruits packed in such packing house, which were produced in the season to which such deter mination applies, than is permitted by such determination is marketed in New South Wales (otherwise than by way of sale to a winery or distillery for the purpose of manu facture of spirits or wine) the person in whose name such packing house is registered shall be guilty of an offence against this Act and for every such offence shall be liable to a penalty of not more than fifty pounds for each ton or part of a ton of such dried fruits marketed within New South Wales in excess of the maximum pro portion which may be marketed within New South Wales in accordance with such determination.

28 . (1) The Board may by notice in writing give to the person in whose name any packing house is registered any direction which the Board thinks proper to secure the observance of any determination made under the last preceding section.

(2) Any person who fails to comply with any direction given by the Board under this section shall be guilty of an offence against this Act.

21). The Board may from time to time—

(a)

make and carry out contracts with any person in respect of the purchase or sale of dried fruits produced in Australia;

(b)

by means of advertising or any other appro priate means encourage the consumption of dried fruits and create a greater demand therefor;

(c)

regulate by such means as are prescribed the removal of dried fruits from packing houses;

(d)

by appropriate means encourage the develop ment of and generally foster the dried fruits industry;

(e)

make and carry out contracts or arrangements with Boards appointed under legislation in force in other States of the Commonwealth of Aus tralia with objects similar to those of this Act or with packers or growers of dried fruits or with associations of packers or growers of dried
fruits
fruits for concerted action in the marketing of dried fruits produced in Australia or for adver tising or otherwise encouraging the consumption of such dried fruits or for taking or defending legal proceedings and for purposes incidental thereto; and

(f) by appropriate means co-operate with Boards appointed under legislation in force in other States of the Commonwealth of Australia with objects similar to those of this Act in the regulation of the marketing of dried fruits and their disposal.

30. The Board may exercise any powers conferred upon it by or under any Act of the Parliament of the Commonwealth of Australia relating to dried fruits.
PAET VI.
MISCELLANEOUS.
Annual Report.

(1) As early as practicable in each year the Board

shall prepare a report on its work for the preceding year.
(2) Such report shall be forwarded to the

31 .

Minister, and a printed copy thereof shall be posted to
every grower whose name appears on the roll of growers.
Returns and Notices.

32 . (1) The Board may by notice in writing require—

(a)

any persons who have or who at any time within the period of twelve months preceding such notice have had any dried fruits owned by them or in their disposal or under their control, to make returns of such dried fruits;

(b)

(b)

the person in whose name any packing house is registered to furnish to the Board in writing any particulars with respect to the dried fruits which are or have been or are likely to be in the packing house for the purpose of being stemmed processed graded sorted or packed;

(c)

the person who is the owner of a dehydrator used for the dehydration of dried fruits to furnish in writing to the Board any particulars with respect to dried fruits which are being or have been or are likely to be dehydrated by such dehydrator during any period;

(d)

the owner of any winery or distillery to furnish in writing to the Board any particulars with respect to dried fruits which are or have been or are likely to be in or at such winery or distil lery for use for manufacturing purposes or for sale.
(2) Every such notice shall specify the time within which the returns or particulars are to be made or furnished to the Board.
(3) Any person who fails to furnish returns or particulars in relation to any matter within his know ledge or under his control in accordance with a notice under this section within the time therein specified or who furnishes any untrue returns or particulars in relation to any such matter shall be liable to a penalty of not more than one hundred pounds.
33. Any notice required or authorised by this Act or
the regulations to be given to any person may be served
personally on or sent by post addressed to such person

at his usual or last known place of abode:
Provided that a notice sent by post to the person in whose name a packing house is registered or the owner of a dehydrator may be addressed to such person or owner at the packing house or dehydrator.
Penalties.

34. Any person who in any way resists, interferes with, hinders or obstructs any person in the exercise or discharge of any power, authority, duty or function under this Act shall be liable to a penalty of not more than one
hundred

hundred pounds, or to imprisonment for a term of not
more than six months.
35, (1) While any regulation made under this Act fixing standards for different grades of dried fruits and the grade, description or grade mark for each grade is in force any person who—

(a)

packs any dried fruits in any package branded, marked or labelled with a grade description or grade mark which is not the grade description or grade mark fixed for dried fruits of the standard packed in the particular package;

(b)

has in his possession for sale any dried fruits contained in any package branded, marked or labelled with a grade description or grade mark which is not the grade description or grade mark fixed for dried fruits of the standard contained in the particular package;

(c)

by the use of any description or mark on a pack age containing dried fruits or on a label attached thereto represents such dried fruits to be of a particular standard whereas in fact such dried fruits are not of such standard;

(d)

by the use of any description or mark on a package or on a label attached thereto represents such package to contain a variety of dried fruits when it does not contain such variety; or

(e)

except by the authority of the Board alters the grade description or grade mark on any package or label or sells or permits to be sold any dried fruits in or from a package the grade descrip tion or grade mark on which or on a label at

shall be liable to a penalty of not more than one hundred
pounds. tached to which has been so altered—
(2) Where it is made to appear to the satisfaction of any inspector or officer of the Board or any member of the police force at the time of discovering an offence against this section—

(a)

that the person primarily liable therefor has used all due diligence to avoid a breach of this section; and

(b)

(b)

by what person the offence has been committed; and

(c)

that it has been committed without the know ledge, consent or connivance of the person primarily liable—

the said inspector, officer or member of the police force shall proceed against the person whom he believes to bo the actual offender without proceeding against the person primarily liable.

36. (1) Any person who contravenes or fails to com ply with any of the provisions of this Act or the regula tions shall be guilty of an offence against this Act.
(2) Every person guilty of an offence against this Act shall where no other penalty is expressly pro vided be liable to a penalty of not more than one hundred pounds.
(3) Proceedings for the contravention of or failure to comply with any of the provisions of this Act or of the regulations may, notwithstanding the provi sions of any other Act to the contrary, be commenced at any time within twelve months from the time of the com mission of the offence.
(4) In any action, suit or proceedings the pro duction of any return furnished under this Act or the regulations and purporting to be signed by or on behalf of any person liable to furnish returns under this Act or the regulations shall be prima facie evidence of the particulars or the information given in the return, and that such return was made by the person liable to furnish

the same or on behalf of whom the return purports to be signed.

37. No action, claim, or demand whatsoever shall lie or be made or allowed by or in favour of any person whomsoever against His Majesty or the Minister or the Commission or the Board or any member thereof or any officer or person acting in the execution of this Act or of the regulations made thereunder for or in respect of any damage, loss, or injury sustained or alleged to be sus tained by reason of the passing of this Act or of its operation or of anything done or purporting to be done

under
under this Act or the regulations made thereunder, save only for the value of any dried fruits bought under the authority of this Act.
38. All courts and all persons having by law or by consent of parties authority to hear, receive and examine evidence shall take judicial notice of the seal of the Board.
39. (1) The Governor may make regulations not in consistent with this Act prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in par ticular and without prejudice to the generality of the foregoing power for or with respect to—

(a)

the election of members of the Board including provision for voting by post and preferential voting and the preparation of rolls and the deter mination of what person shall be entitled to be enrolled in the event of land being held jointly or in common or in any manner otherwise than by one person as owner, or being held by a cor poration or being held by some person who is not the actual occupier of the land;

(b)

the sale, buying, acquisition or marketing, or the arranging for the sale, buying, acquisition or marketing of dried fruits;

(c)

the branding, marking or labelling of packages containing dried fruits;

(d)

the fixing of standards for different grades of dried fruits and the grade description or grade

mark for each grade;
(e) the classing of dried fruits, and, generally, all matters relating to or arising from such class ing, including (but without prejudice to the generality of the foregoing provision) the issue, renewal and revocation of licenses of classers of dried fruits; the powers, authorities, duties and functions of graders and classers of dried fruits; the prohibition of the employment as classers of dried fruits of persons who are not licensed under this Act; the settling of disputes arising

from

from the classing of dried fruits; the prohibi tion of the receipt into packing houses or the processing or packing in packing houses of dried fruits which have not been classified by a classer or grader; the effect of classification of dried fruits by a grader;

(f) the limiting and controlling of selling and agency charges for the sale and distribution of dried fruits;
(g) the prohibition of the use of dehydrators unless the same are registered;
(h) the manner of effecting the registration and the renewal of the registration of packing houses and dehydrators, the issue of certificates of registration of packing houses and dehydrators, the transfer of the registration of packing houses and dehydrators, and the particulars to be fur nished by applicants for any such registration, renewal or transfer;
(i) the situation, construction, operation, mainten ance and cleansing of packing houses and dehy drators ;

(j)

the inspection, management and regulation of packing houses, drying grounds, stores and the machinery, appliances, implements, sweat boxes and utensils used in connection therewith, and the regulation and inspection of dehydrators;

(k)

the conditions and times under and at which dried fruits may be received, prepared, stemmed, processed, graded, sorted, packed or stored at

packing houses;

(1) the delivery to and removal from packing houses
of dried fruits;

(m)

the keeping and inspection of records and statis tics of dried fruits received at and delivered from packing houses;

(n)

the cleanliness and freedom from disease or disease carrying of persons engaged in the pro duction, drying, manufacture, preparation, handling, stemming, processing, grading, sort ing, packing, storage, carriage, delivery, or re moval of dried fruits;
(o)

(o)

the class, construction and condition of the pack ages in which dried fruits shall be packed and the methods of packing dried fruits;

(p)

the methods of drying dried fruits and the condi tions under which dried fruits are dried, includ ing the classes and types of dips to be used in connection with the drying of dried fruits and the materials and ingredients to be included in such dips;

(q)

the issue of receipt and release notes for dried fruits received at and released from a packing house;

(r)

the prevention and control at packing houses of diseases in dried fruits and the prevention at packing houses of the contamination of dried fruits by insect pests or foreign substances;

(s)

the hygienic treatment and storage of dried fruits ;

(t)

the maximum percentage of water that may be added to dried fruits;

(u)

the powers, rights, duties and responsibilities of inspectors and the responsibilities of other persons in relation thereto; the accommodation to be provided for inspectors at packing houses.
(v) the entry by inspectors at any reasonable time, for the purpose of inspecting dried fruits which are or are reasonably believed or suspected by an inspector to be in packing houses, dehydrators, stores, warehouses, bonds, shops or bakeries, on farms, drying grounds, drying racks, railway

or boats, or at any other place whatsoever, and premises or wharves, in vehicles, railway trucks
the facilities necessary to enable inspectors to make such inspections and keep records of the same, including the opening of packages, the taking of samples of the dried fruits, the inspec tion of books, accounts and records, and the taking of copies thereof or of entries therein;

(w)

the detention of dried fruits by inspectors or other persons authorized by the Board, including detention in cases where there is reasonable

ground

ground for believing that with respect to the dried fruit there is or has been any contraven tion of or failure to comply with any of the pro visions of this Act or the regulations;
(x) the amount of drawback fruit to be issued, the packing of drawback fruit, and the branding of packages containing the same;

(y) the particulars which may bo required of persons who are or have been owners of dried fruits or who have or have had dried fruits in their disposal or within their control, owners of wineries and distilleries, owners of dehydrators and persons in whose names registered packing houses are registered;
(z) requiring the information in any application, return, or other document to be verified by statutory declaration;
(aa) the custody of the common seal of the Board, the use of such seal and the sealing of contracts documents and plans therewith; and
(ab) forms for use under this Act (and all such forms or forms to the like effect shall be sufficient in law).

(-!) Any such regulation may prescribe a penalty of not more than one hundred pounds for any breach

thereof.

(3) Such regulations shall—
(a) be published in the Gazette;

(b) take effect from the elate of publication or from a later date specified in the regulations; and
(c) be laid before both Houses of Parliament within

of if Parliament is then in session, and if not, fourteen sitting days after the publication there
then within fourteen sitting days after the com
mencement of the next session.

(4) If cither House of Parliament passes a reso lution, of which notice has been given, at any time within fifteen sitting days after such regulations have been laid before such House disallowing any regulation or part

thereof, such regulation or part shall thereupon cease to

have effect.

PARLIAMENTARY

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Citations

Dried Fruits Act 1939 (NSW)

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PART	I I . — T H E DRIED FRUITS BOARD.
PART	I I I .—FINANCIAL.

(a)	declare any dried fruits to be dried fruits for the purposes of this Act;
(b)	declare any such dried fruits to he dried vine fruits or dried tree fruits for the purposes of this Act; and
(c)	revoke amend or vary any regulation made under this section, and any regulation so amended or varied shall take effect accordingly.

(b)	by inserting at the end of the same definition the
words " o r any dried fruits to which the Dried Fruits Act, 1939, for the time being applies."

(a)	the appointed member of the Board in office immediately before the commencement of this Act shall continue to be the appointed member and to be the chairman of the Board; and
(b)	the elected members of the Board in office immediately before the commencement of this Act shall continue to hold office until the last day of February, one thousand nine hundred and forty.

(a)	during the then current season or one of the two preceding seasons he has produced more than five hundredweights of dried vine fruits; or
(b)	during the then current season or each of at least three of the five preceding seasons he has pro duced more than five hundredweights of dried tree fruits.
t 1145—B	(7)

(a)	resigns his office by writing under his hand addressed to the Minister;
(b)	without the permission of the Board or of the chairman fails to attend three consecutive meet ings of the Board at which he is entitled to vote;
(c)	is removed by the Governor for misbehaviour or incompetence or neglect of his duties;

(b)	solely in connection with dried tree fruits only the chairman and the members of the Board elected by the growers of dried tree fruits shall be entitled to vote;
(c)	of a general nature, all five members of the Board shall be entitled to vote.

(a)	solely in connection with dried vine fruits, any two of the members entitled to vote at such meetings shall form a quorum;
(b)	solely in connection with dried tree fruits, any two of the members entitled to vote at such meetings shall form a quorum;
(c)	of a general nature, any three members (of whom at least one shall be a member elected by the growers of dried vine fruits and at least one shall be a member elected by the growers of dried tree fruits) shall form a quorum.

incidental thereto and of the several purposes for which	received and paid on account of this Act or pursuant or
sums of money have been received and paid.
(2) The accounts of all moneys received and paid as aforesaid shall be audited by the Auditor-General who shall have with respect to such accounts all the powers conferred on him by any law now or hereafter in force relating to the audits of public accounts and the Audit Act, 1902, and Acts amending the same shall apply to the Board and its affairs in the same manner as it applies to accounting officers of Public Departments.

the statement accompanying the application as are speci	only such of the varieties of dried fruits referred to in (4) A packing house may be registered to treat
fied in the certificate of registration.
(5) The registration of a packing house shall expire on the thirty-first day of December next after it takes effect.
(6) When a packing house has been registered, the registration thereof may at any time during the currency of the registration upon application in the pre scribed form be transferred to any other person approved by the Governor.

(a)	the dried fruits are packed and graded in accord ance with the regulations; and
(b)	the dried fruits are packed in packages which are of the size dimensions and materials prescribed and which are branded marked or labelled in accordance with the regulations.

(a)	to a sale by a grower of dried fruits produced by such grower to the person in whose name a packing house is registered for the purpose of being processed or packed or to the buying thereof by such person from such grower;
(b)	to a sale of dried fruits by the person in whose name one packing house is registered to the person in whose name another packing house is registered for the purposes of being processed or packed or to the buying thereof by such last- mentioned person;
(c)	to a retail sale of dried fruits to a customer by a grocer storekeeper or other such retail seller or to the retail buying thereof by such customer from such grocer storekeeper or seller; or
(d)	to a sale of dried fruits to the owner of a winery or distillery for the purpose of manufacturing wine or spirits or to the buying thereof by such owner.

(c)	regulate by such means as are prescribed the removal of dried fruits from packing houses;
(d)	by appropriate means encourage the develop ment of and generally foster the dried fruits industry;
(e)	make and carry out contracts or arrangements with Boards appointed under legislation in force in other States of the Commonwealth of Aus tralia with objects similar to those of this Act or with packers or growers of dried fruits or with associations of packers or growers of dried

(b)	the person in whose name any packing house is registered to furnish to the Board in writing any particulars with respect to the dried fruits which are or have been or are likely to be in the packing house for the purpose of being stemmed processed graded sorted or packed;
(c)	the person who is the owner of a dehydrator used for the dehydration of dried fruits to furnish in writing to the Board any particulars with respect to dried fruits which are being or have been or are likely to be dehydrated by such dehydrator during any period;
(d)	the owner of any winery or distillery to furnish in writing to the Board any particulars with respect to dried fruits which are or have been or are likely to be in or at such winery or distil lery for use for manufacturing purposes or for sale.

(a)	packs any dried fruits in any package branded, marked or labelled with a grade description or grade mark which is not the grade description or grade mark fixed for dried fruits of the standard packed in the particular package;
(b)	has in his possession for sale any dried fruits contained in any package branded, marked or labelled with a grade description or grade mark which is not the grade description or grade mark fixed for dried fruits of the standard contained in the particular package;
(c)	by the use of any description or mark on a pack age containing dried fruits or on a label attached thereto represents such dried fruits to be of a particular standard whereas in fact such dried fruits are not of such standard;
(d)	by the use of any description or mark on a package or on a label attached thereto represents such package to contain a variety of dried fruits when it does not contain such variety; or
(e)	except by the authority of the Board alters the grade description or grade mark on any package or label or sells or permits to be sold any dried fruits in or from a package the grade descrip tion or grade mark on which or on a label at

(b)	by what person the offence has been committed; and
(c)	that it has been committed without the know ledge, consent or connivance of the person primarily liable—

(a)	the election of members of the Board including provision for voting by post and preferential voting and the preparation of rolls and the deter mination of what person shall be entitled to be enrolled in the event of land being held jointly or in common or in any manner otherwise than by one person as owner, or being held by a cor poration or being held by some person who is not the actual occupier of the land;
(b)	the sale, buying, acquisition or marketing, or the arranging for the sale, buying, acquisition or marketing of dried fruits;
(c)	the branding, marking or labelling of packages containing dried fruits;
(d)	the fixing of standards for different grades of dried fruits and the grade description or grade
mark for each grade;
(e)	the classing of dried fruits, and, generally, all matters relating to or arising from such class ing, including (but without prejudice to the generality of the foregoing provision) the issue, renewal and revocation of licenses of classers of dried fruits; the powers, authorities, duties and functions of graders and classers of dried fruits; the prohibition of the employment as classers of dried fruits of persons who are not licensed under this Act; the settling of disputes arising

(f)	the limiting and controlling of selling and agency charges for the sale and distribution of dried fruits;
(g)	the prohibition of the use of dehydrators unless the same are registered;
(h)	the manner of effecting the registration and the renewal of the registration of packing houses and dehydrators, the issue of certificates of registration of packing houses and dehydrators, the transfer of the registration of packing houses and dehydrators, and the particulars to be fur nished by applicants for any such registration, renewal or transfer;

(j)	the inspection, management and regulation of packing houses, drying grounds, stores and the machinery, appliances, implements, sweat boxes and utensils used in connection therewith, and the regulation and inspection of dehydrators;
(k)	the conditions and times under and at which dried fruits may be received, prepared, stemmed, processed, graded, sorted, packed or stored at

(m)	the keeping and inspection of records and statis tics of dried fruits received at and delivered from packing houses;
(n)	the cleanliness and freedom from disease or disease carrying of persons engaged in the pro duction, drying, manufacture, preparation, handling, stemming, processing, grading, sort ing, packing, storage, carriage, delivery, or re moval of dried fruits;

(o)	the class, construction and condition of the pack ages in which dried fruits shall be packed and the methods of packing dried fruits;
(p)	the methods of drying dried fruits and the condi tions under which dried fruits are dried, includ ing the classes and types of dips to be used in connection with the drying of dried fruits and the materials and ingredients to be included in such dips;
(q)	the issue of receipt and release notes for dried fruits received at and released from a packing house;
(r)	the prevention and control at packing houses of diseases in dried fruits and the prevention at packing houses of the contamination of dried fruits by insect pests or foreign substances;
(s)	the hygienic treatment and storage of dried fruits ;
(t)	the maximum percentage of water that may be added to dried fruits;
(u)	the powers, rights, duties and responsibilities of inspectors and the responsibilities of other persons in relation thereto; the accommodation to be provided for inspectors at packing houses.

(y)	the particulars which may bo required of persons who are or have been owners of dried fruits or who have or have had dried fruits in their disposal or within their control, owners of wineries and distilleries, owners of dehydrators and persons in whose names registered packing houses are registered;
(z)	requiring the information in any application, return, or other document to be verified by statutory declaration;