Farm Produce Agents Acts Amendment Act of 1932 (23 Geo v No. 21) (Qld)

I. PUBLIC ACTS OF THE PARLIAMENT OF QUEENSLAND" 23° GEORGII V. ABATTOIRS, BRISBANE. See PART 11., STOCK. AGRICULTURE. See also DAIRY PRODUCE; PRIMARY PRODUCE; STOCK. An Act to Amend "The Farm Produce Agents Acts, 23 Geo. V. No. 21. 1917 to 1928," in certain particulars. THE FARM [ASSENTED TO 8TH DECEMBER, 1932.] PRODUCE AGENTS B E it enacted by the King's Most Excellent Majesty, AM! ~ ! ENT by and with the advice and consent of the Legis- ACT OF lative Assembly of Queensland in Parliament assembled, 1932. and by th'e authority of the same, as follows :-. 1. (1.) This Act may be cited as" The Farm Produce Short title Agents Acts Amendment Act of 1932," and shall be read a.nd t as one with *" The Farm Produce Agents Acts, 1917 to ~ io~ . ruc- 1928," herein collectively referred to as the Principal Act. The Principal Act and this Act may collectively be cited as "The Farm Produce Agents Acts, 1917 to 1932." (2.) This Act shall come into operation on a date Act to. be to be proclaimed by the Governor in Council by proclaImed. t Proclamation published in the Gazette. * 8 Geo. V. No. 17 and 19 Geo. V. No. 7, supra, page 12309. t Act to operate from 22nd December, 1932. (See Proclamation in Gazette of 22nct December, 1932, pa.ge 1959; also containing the Regulations thereunder.) A

14074 AGRICULTURE. Farm PrOd1tCe Agents Acts Amendment Act. 23 GEO. V. No. 21, Amendments of the Principal Act. Amendment of s. 2. 2. Section two of the Principal Act is amended by inserting before the definition of " Farm Produce Agent" a new definition as follows :- District. " " District"-A petty sessions district constituted under *" The Justices Acts, 1886 to 1929"; " License. also by inserting, after the definition of "Court," a new definition as follows :- " "License"-A license issued under this Act: and" licensee" has a corresponding meaning." Amendment 3. Section four of the Principal Act is amended of s. 4. as follows;- (a) Subsections one and two are repealed and the following subsections are inserted in lieu thereof, namely;- Application " (1.) Every pers~ n who desires to obtain a farm fporrodfaurcme produce agent's license shall lodge with the clerk of agent's the court within the district in which his principal license. place of business is situated, and which is nearest by the most convenient route to such principal place of business, an application in the form prescribed and accompanied by the prescribed fidelity bond in the prescribed amount, not exceeding one thousand pounds, from the State Insurance Commissioner or other prescribed security: Provided that the prescribed amount of the fidelity bond or other prescribed security required to be lodged by an applicant who is a licensed auctioneer shall not exceed five hundred pounds: The fidelity bond to be lodged by a member of a registered firm with an application for a license on behalf of such firm shall be conditioned to indemnify all persons for whom any member of the registered firm acts or has acted, as a farm produce agent, against any loss due to any default of any member of such registered firm in contravention of this Act or any regulation thereunder. (2.) Any such application shall state the principal place of business of the applicant and shall be accompanied by the amount of the prescribed fee (which shall be refunded if the license is refused), and shall also be accompanied with such further particulars as may be prescribed. * 50 Vic. No. 17 and amending Acts, 8upra, pages Il32 et Beq. (See Alphabetical Table).

AGRICULTURE. 14075 1932. Farm Produce Agents Acts Amendment Act. (3.) If the court is satisfied that the applicant is a fit and proper person to be the holder of a license, it may issue to the applicant a license in the form prescribed: Provided that no license shall be issued to any person under the age of twenty-one years." (b) Subsection three is repealed and a new sub- section (now numbered four) is inserted in lieu thereof, namely:- " (4.) Such license shall take effect from the date of Effect and the issue thereof, and shall (unless sooner cancelled) furation of expire on the last day of the sittings after the thirty- lCense. first day of December next following which are prescribed for the holding of the court for the purpose of granting such licenses, and shall authorise the licensee to carry on the business of a farm produce agent in all parts of the State." (c) After subsection three (now renumbered four) the following new subsection is inserted, namely :- " (5.) Every farm produce agent who desires to Renewals. obtain a renewal of his license shall, before the date of the expiry of his license as mentioned in the last preceding subsection, lodge with the clerk of the court mentioned in subsection one hereof an application in the form prescribed accompanied by a certificate in the form prescribed of the renewal of the fidelity bond mentioned in the said subsection one, or other prescribed security as therein mentioned, and such application for renewal shall be dealt with at the sittings referred to in subsection four hereof." (d) Subsections four and five of the Principal Act are renumbered subsections six and seven accordingly. 4. The following new section is inserted after Section 5A. section five of the Principal Act, namely:- " [5A.] No person shall purchase any farm produce Purchase of from the person by whom it was actually produced farm unless at the time of the purchase of the farm produce produce. or before the delivery of the farm produce, whichever date is the earlier, the price for which he purchases such farm produce has been definitely fixed and agreed to by his vendor at a sum of money certain, and which sum is not to be ascertained by reference tD any other transaction or otherwise.

14076 AGRICULTURE. Farm Produce Agents Acts Amendmelfl,t Act. 23 GEO. V. No. 21, Any person who contravenes the provisions of this section shall be liable on conviction to a penalty not exceeding twenty pounds for a first offence, and to a penalty of not less than ten pounds nor more than one hundred pounds for any second or subsequent offence." Q A f m s. en S d c. ment omitt 5 i . ngSetchteiown o8rcdso" f ftrhoemPtrhinecidpaatle Aocft thise almateensdt eedntbryy therein," and inserting in lieu thereof the words " after the expiration of the year during which entries were made in such books." Amendment 6. Section twelve of the Principal Act is amended Qf s. 12. as follows : - (1.) After paragraph (i.) of the said section the following paragraph is inserted, namely:- Court. " (iA.) The times for the holding of the court for the consideration of applications for and the grant of licenses and renewals;" Maximum fees, &c. Secmity, (2.) Mter paragraph (VB.) of the said section the following paragraphs are inserted:- "(vc.) The fees, charges, commission, reward, or other remuneration which farm produce agents shall be entitled to receive for and in respect of their services : Prescribing that a farm produce agent shall not be entitled to sue for or recover any fees, charges, commission, reward or other remuneration which shall be in excess of such fees, charges, commission, reward, or other remuneration as may be prescribed from time to. time by regulation for such services, and also prescribing that it shall be an offence to charge such excess fees, charges, commission, reward, or other remuneration. (VD.) The security to be given by applicants for licenses, and the recovery and application of the moneys thereby secured, and in respect of the application of moneys on forfeiture of the bond, the allotment of portion of the moneys towards the cost of arresting and bringing back to the State of any defendant who has departed from the State; also the

AGRICULTURE. 14077 1932. Fwrm Prodtwe Agents Acts Amendment Act. form of any prescribed security; including the form of security in respect of applications for license by companies and firms, and the terms and conditions in respect to any such security: Provided that the regulations may prescribe different amounts of such security in respect of any prescribed district or districts and/or different amounts of security in respect of any prescribed class or classes of farm produce agents, or for the exemption from lodgment of security in respect of any prescribed class or classes of farm produce agen t s. " 7. The First and Second Schedules of the Principal Soh.!. and. Act are repealed. Soh. 1I. 8. The license of any person existing at the Existing commencement of this Act shall (unless sooner cancelled)lioenses. remain in force until the court shall hear and determine an application by such person for a license under the Principal Act as amended by this Act: Provided that if the court refuses any such application, or if no application is made by any such licensee at the first sittings of the prescribed court after the commencement of this Act, any such existing license shall cease and determine. ARBITRATION AND CONCILIATION. See LABOUR (2). BABY CLINICS. See HEALTH.