Farm Produce Agents Act of 1917 (8 Geo v No. 17) (Qld)

AGRICULTURE. 8265 8 GEO. V. No. 17, 1917. Farm Produce Agents Act. 5. All expenditure incurred by the Minister in connec- Expenditure: tion with the State Produce Agency and in the administra- tion of this Act shall be defrayed out of moneys from time to time appropriated by Parliament for the purpose. 6. None of the provisions of this Act, nor any regula- This Act tions, provisions, or Orders in Oouncil issued in pursuance confers fO of this Act, shall be construed or deemed to confer on the monopo y. State Produce Agency or the Minister carrying on such business any monopoly whatsoever with regard to any produce, or be construed or deemed to confer greater rights ~ r privileges on such Agency or Minister for the purpose of carrying on any business under this Act than are conferred upon any other agent selling farm produce. An Act to Provide for the Licensing of Farm Produce 8 Geo. v. Agents, and for purposes incidental thereto. No. 17. THE FARll[ PRODUCE [ASSENTED TO 14TH DECEMBER, 1917.J AG O E F NT 1 S 917 A . CT B E it enacted by the King's Most Excellent Majesty, by and with the advice and. consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. This Act may be cited as "The Farm Produce Short title. Agents Act of 1917." 2. In this Act, unless the context otherwise indicates, Interpreta- the following terms have the meanings set against them tion. respectively, that is to say ;- "Farm Produce Agent "-Any person who, as an Farm produce agent for others, whether on commission or for agent. or in expectation of any fee, gain, or reward, whether alone or in connection with any nther business, exercises or carries on the business or advertises or notifies that he exercises or carries on the business of selling farm produce or of a broker or factor of farm produce: The term does not include a person employed merely as a clerk or servant, or any banking company;

8266 AGRICULTURE. Farm Produce Agents Act. 8 GEO. V. No. 17, Farm . produce. Minister. " Farm Produce" - Cereals, grain, vegetables, potatoes and other edible roots and tubers, fruit, hay, and chaff, and all dairy produce: the term includes live or dead poultry and game, and eggs, and no other article or class of articles; but the Governor in Council, by Order in Council, may from time to time, upon the passing of a resolution by both Houses of Parliament approving of the inclusion of any other article or class of articles within the term "produce" as defined by this Act, declare such other article or class of articles to be farm produce for the purposes of this Act; "Minister"-The Secretary for Agriculture and Stock or other Minister of the Crown charged for the time being with the administration of this ~4..ct; Person. "Person" includes a corporation or joint stock company; Court. Licensed. Prescribed. " Oourt "-A court of petty sessions; "Licensed"-Licensed under this Act; " Prescribed"-'Prescribed by regulations under this Aci; , The department. "The Department ,,-rrhe State Department in which this Act is for the time being adminis- tered; Thi1l Act. "This Act"-This Act and any regulations made thereunder. Farm produce 3. (1.) After the thirty-first day of March, one acgarernytsonnot to thou~ and nine hundred and eighteen, no person shall unless exercise or carry on or advertise or notify that he exercises licensed. or carries on the business of a farm produce agent unless he is licensed. (2.) Where a firm exercises or carries on the business of a farm produce agent, it shall be sufficient if one member of the firm is licensed on behalf of the firm. Carrying on business without license. (3.) From and after the date aforesaid, any person (not being licensed) who exercises or. carries on business as a farm produce agent, or advertises or notifies that he carries on such business, or who has any words painted or written, or allow~ to remain unobliterated any words that have been painted or written, over or about or near his house, window, or premises that lead to the belief or (

1917. AGRICULTURE. Farm Prodttce .ttgll3nts Act. 8267 supposition that he is a farm produce agent, or who places or causes to be placed any placard, board, writing, or thing in the public view to the intent that it may be believed or supposed that he is a farm produce agent, shall be liable to a penalty not exceeding twenty-five pounds. (4.) In any proceedings against any person for any Onus of pro~ f breach of subsection three hereof , such person shall , unless h 1, c ~ e at nspeedr. son IS he produces his license or brings other satisfactory proof of his having been licensed at the time when the offence was alleged to have been committed, be deemed to have been unlicensed. 4. (1.) Any person desirous of obtaining a farm Farm produce produce agent's license shall deliver- to the clerk of a ~ gents dO be court within the petty sessions district in which he resides lCense . an application, in the form of the First Schedule hereto. Schedule 1. (2.) Upon such application, the court may issue a license, in the form of the Second :5chedule hereto: Schedule n. Provided that no such license shall be issued to any person under the age of twenty-one years. (3.) Such license shall entitle the holder thereof to Effect and carr , y on the business of a farm produce aO b 'ent in al • l p • arts l ~ I u c r e a n t s i e o . n of of the State, and unless sooner cancelled shall contmue m force until the thirty-first day of December next after the date thereof, but may, on a similar application, be renewed from year to year as the court thinks fit. (4.) 'l'here shall be payable in respect of every such Fee. license, and of every annual renewal thereof, the fee of twenty shillings, unless the applicant already holds an auctioneer's license, in which case a license shall issue or be renewed under this Act without fee. 5. After the thirty-first day of March, one thousand Restriction nine hundred and eighteen, it shall not be lawful for- ; ~l~ t: : ~ng (a) Any farm produce agent, whether directly or consignments. indirectly or by himself or a,ny partner 01' sub- agent, to purchase or be in any way concerned or interested in the purchase of any farm produce consigned or delivered to him for sale by any principal without having previously obtained the consent in writing of such principal to such purchase; Every farm produce agent who commits a breach of this provision, or any partner, sub- agent, or other person knowingly concerned in

8268 AGRICULTURE. Farm ProdUce Agents Act. 8 GEO. V. No. 17, such breach, shall be liable to a penalty not exceeding fifty pounds, and, in addition, such farm produce agent shall be ordered by the court adjudicating on the complaint to account for and pay over to his principal all profits resulting from the purchase in respect of which such breach was committed; (b) Any employee of a farm produce agent to purchase or be in any way interested or con- cerned in the purchase of any farm produce consigned or delivered for sale to his employer by any owner thereof without having pre- viously obtained the consent in writing of such owner to such purchase; (c) Any farm produce agent to charge commission to the consignor on any produce which may be taken over by such agent as a purchaser or for his own use in accordance with subsection (a) hereof; [Sic in Gazette but 8emble relates only to sub- section (b)]. *Every such employee who commits a breach of this provision shall be liable to a penalty not exceeding fifty pounds. Application 6. (1.) All moneys received by a farm produce m of o t n r e u y s s t . agent in respect of any transaction shall be applied in payment of- (a) The expenses, commission, and other charges of or incidental to the transaction; and (b) Any moneys owing to such agent by the person on whose behalf the transaction was carried out; and (0) The balance (if any) to such person, or as he may direct; and until such payment such balance shall be paid into a bank to a trust account. (2.) Every farm produce agent who commits a breach of this section shall be liable to a penalty not exceeding fifty pounds. (3.) Moneys paid into such trust accoun.t shall not be available for payment of the debt of any other creditor of the farm produce agent, or be liable to be attached or taken in execution under the order qr process of any court at the instance of any such creditor. <;leasing to be 7. (1.) Every person ceases to be licensed thirty hcensed. d ays . after the expI.ra.tIOn or on the cance11a t I ' On o f . h I ' S license.

1917. AGRICULTURE. llarm Produce Ag~ nts Act. 8269 (2.) Any court may, on the complaint of any person Licenses may against a licensed farm produce agent that he has been be cancelled. guilty of any offence against this Act, or that such licensee is in any other respect unfit to hold a license, cancel such 1;icense. If any licensed farm produce agent is convicted of an indictable offence, his license shall be deemed to be ipso facto cancelled. (3.) The clerk of the court at which any license is Register to be granted or cancelled shall enter pa"rticulars of the same in kept. .a register to be kept by him. (4.) An appeal shall lie from the decision of the eourt to the Supreme Court, and such appeal shall be by way of rehearing. Such appeal shall be made by way of special case in manner provided by " The Justices Acts, 1886 to 1909,"* with respect to appeals from the decisions of justices; and the provisions of those Acts relating to such appeals &hall, mutatis mutandis, apply to appeals under this sub- section, and the costs of such appeal shall be in the discretion of the court. b:: 8. (1.) Every entry in any book kept or belonging Entries in to a licensed farm produce agent or found on his premises ~ : : ~ ~ d de shall be deemed, unless the contrary is shown, to have been by him. made by or with the authority of such agent. (2.) A copy of any entry in any prescribed register, Copy of purporting to be signed by the clerk of the court or any ent~ es in officer of the department making the same, shall be prima ~~ g~~ e;: n:. facie evidence of the truth of the matters stated in such' eopy. " " 9. Nothing in this Act shall affect any civil remedy Civil remedies which any person may have against a farm produce not affected. agent in respect of any matter. 10. (1.) All proceedings for penalties and for the Hearin~ of cancellation of any license under this A ct may be heard complaints. and determined in a summary way before any court. (2.) All fees and penalties shall, when recovered, be ~ ppropria- paid into the Consolidated Revenue: " : ~ of fees, . Provided that where it is proved to the satisfaction of the adjudicating court that any person has sustained any loss or damage by reason of the act or default of the • 50 Vic. No. 17 and·amenaing Acts, aupm, pages 1132 et Beg.

8270 AGRICULTURE. Farm Produce Agents Act. 8 GEO. V. No. 17, defendant which constitutes the offence, the court may award to such person such part of the penalty imposed as it thinks fit by way of compensation for such loss or damage. t rA o ecnbcdeoeurendt . sales rende 1 r 1 e . dAbccyoufnart msalpersodoufcefaramgenptrsodtuocethseoirld psrihnaclilpables within fourteen days after the sale thereof. . Regulations. 12. The Governor in Council may from time to time make regulations with respect to all or any of the following matters:- Licenses. Lists. ACcount sales. Records. Inspection. Market reports. Weights. Penalties. Recovery of penalties. (i.) The form, manner, and place of registration of licenses, renewals, cancellations, and other matters requiring registration under this Act, where not specially provided for in this Act; (ii.) Means for circulating throughout Queensland . or any part thereof lists of licenses and cancellations thereof; (iii.) The form and particulars of account sales to be rendered by farm produce agents to their principals; (iv.) Records to be kept by farm produce agents of farm produce and of the sale or other disposal thereof; (v.) The inspection of the records and books of farm produce agents by their principals or other authorised persons relating to transac- tions in which such principals are concerned; (vi.) 'fhe issue of official market reports with respect to farm produce; (vii.) The checking of weights of farm produce, and the rendering of accounts as to weights; (viii.) Imposing penalties not exceeding fifty pounds for the breach of any regulation; (ix.) Regulating the procedure for the recovery of penalties and for the cancellation of licenses. All such regulations, upon being published in the Gazette, shall have the same effect as if they were enacted in this Act. All such regulations shall be laid before both Houses of Parliament within forty days after the publication thereof if Parliament is then sitting, or, if not, then within forty days after the commencement of the next session thereof.

1917. AGRICULTURE. Farm Prod1LCe .Ag,ents Act. If either House of Parliament passes a resolution at any time within fifteen sitting days after such regulations have been laid before such House disallowing any regula- tion, such regulation shall thereupon cease to have effect: Provided always that, if such regulations and the amendments (if any) thereof are not duly laid before both Houses of Parliament as hereinbefore prescribed, they shall thereupon cease to have any force, effect, or operation whatsoever. 8271 FIRST SCHEDULE. Section 4. ApPLICATION FOIt LICENSE. Petty Sessions District I, A.B., of , hereby make application for a farm produce agent's liceilse. My sole [01' principal] place of business is in the city [or town] of Dated this day of To the Clerk of Petty Sessions ,19 . (Signed) A.B. SECOND SCHEDULE. Section 4. Petty Se~ sions District LICENSE. In pursuance of "The Farm Produce A.qents Act of 1917," the court of petty sessions at hereby i~ sues this license to A.B., whose sole [or principal] place of business is within the city [or town] of , to carry on' business as a farm prJduce agent in Queensland. This license shall continue in force until the thirty-first day of December next after the date hereof, unless it is sooner cancelled. Dated at the day of , 19 . (Countersigned) E.F., C.P.s. (Signed) C.D., P.ll. APPROPRIATION. See CONSTITUTION. AUTHORITIES, LOCAL. See LOCAL AUTHORI'l'Y. CANE PRICES, SUGAR, REGULATION OF. See SUGAR,