Farm Produce Agents (Amendment) Act 1952 (NSW)

FARM PRODUCE AGENTS (AMENDMENT) ACT.

Act No. 40, 1952.

An Act to make further provision with respect to the regulation of the sale and disposal of farm produce; for this and other purposes to amend the Farm Produce Agents Act, 1926, as amended by subsequent Acts; and for purposes connected therewith. [Assented to, 25th November, 1952.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis­	lative Council and Legislative Assembly of New South
Wales in Parliament assembled, and by the authority of the same, as follows:—
1. (1) This Act may be cited as the " F a r m Produce Agents (Amendment) Act, 1952."
(2) The Farm Produce Agents Act, 1926, as amended by subsequent Acts and by this Act, may be cited as the Farm Produce Agents Act, 1926-1952.
(3) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
2 . The Farm Produce Agents Act, 1926, as amended by subsequent Acts, is amended—

(a) by inserting next after section thirteen the following new section :—

commercial

commercial or t r ad ing unde r t ak ing or whom he has reasonable cause to believe has f a rm produce in his pos­ session as aforesaid to furnish h im with informat ion as to the ownership of such fa rm produce or the source from which it was acqui red ;

13A. (1) For the purpose of ascertaining whether any offence against this Act or the regulations has been committed the registrar or any person authorised generally to exercise the powers conferred by subsection one of section thirteen of this Act may—

(a) require any person having farm pro­ duce in his possession for sale or for use in connection with any business,

(b) require any person to produce for his inspection any book or record kept under this Act or the regula t ions or required by or under th is Act or t he regula t ions to be kept by such pe r son or any docket or o ther document delivered in accordance with th is Act or the regulat ions or required by or under this Act or the regula t ions t o have been delivered to such person in respect of f a rm produce purchased by such person for resale or for use in connection wi th any business, com­ mercial or t r ad ing under tak ing , and take copies thereof or of any pa r t i cu la r s contained therein.

(2) A n y person who, when so requi red

under subsection one of this section,—

(a)	refuses or neglects to furnish informa­ tion or furnishes informat ion which is
false in any pa r t i cu l a r ;
(b)	refuses or neglects to produce any book, record, docket or other document
or other document which is false in any or produces any book, record, docket

par t i cu la r ,

shall be guil ty of an offence aga ins t this A c t :
P rov ided tha t it shall be a defence to any
prosecut ion for refusal or neglect to produce
any such book, record, docket or other document
if the person charged proves t ha t such book,
record, docket or other document has been

des t royed or disposed of in accordance with t h e

provis ions of this Act or the regula t ions .

(b)

(b)	by omitting section twenty-three and by insert­ ing in lieu thereof the following section:—
23. (1) No f a rm produce agent shall charge, sue for or recover any fees, charges , commission,
r ewa rd or other remunera t ion—

(a)	for or in respect of the sale or
d isposal of f a r m produce except
commission not exceeding the
prescr ibed commission;
(b)	for or in respect of the performance or doing of any service, act or th ing incidental to the sale or disposal of f a rm produce or in relat ion to any fa rm produce sold or disposed of by him or forwarded or delivered to or received by him for sale or disposal unless such service, act or th ing is a service, act or th ing prescr ibed as one in respect of which fees, charges , commission, r eward or other remunera t ion may be charged, sued for or recovered;
(c)	for or in respect of any service, act or th ing so prescr ibed in excess of the fees, charges , commission, r eward or other r emunera t ion prescr ibed for such service, act or thing.

(2) No fa rm produce agent shall charge,
sue for or recover any fees, charges , commission,

r e w a r d or o ther r emunera t ion for or in respect

of the sale or disposal of f a rm produce or any

service, act or th ing in respect of which fees, charges , commission, r eward or other r emunera ­ t ion may be charged, sued for or recovered unless he is the holder of a license.

(3) (a ) Any t e r m or condition, expressed o r implied, of or a t t ach ing to any contract between a f a rm produce agent and any person re la t ing to the sale or disposal of f a rm produce on behalf of such person, p rovid ing for, seeking o r requ i r ing the payment of any fees, charges ,

commission,

commission, r ewa rd or other remunera t ion for the performance or doing by such agent of any service, act or th ing not being incidental to the sale or disposal of such f a rm produce nor in relat ion to f a rm produce sold or disposed of by him on behalf of such person or forwarded or delivered to or received by him from such person for sale or disposal , shall be null and void.

(b) The provisions of p a r a g r a p h (a)

of this subsection shall app ly to and in respect of contracts re fe r red to in such p a r a g r a p h entered into before the commencement of the F a r m Produce Agents (Amendment ) Act, 1952, as well as to contracts entered into af ter such commencement.

(c) by inserting next after subsection one of section thi r ty- two the following new subsection:—

(1A) In addi t ion to the m a t t e r s re fe r red to

in subsection one of this section the Governor

m a y make	regula t ions—
(a)	prohibiting or regulating within public marke t s any sales or class of sales of farm produce or sales of f a rm produce by or to any persons or class of persons or purchases of fa rm produce by any
persons or class of p e r s o n s ;
(b)	prescribing the books or records to be kept by persons or any class of persons who sell f a rm produce in a
class of pe rsons who purchase f a rm public ma rke t or by persons or a n y

produce for sale or use in connection with any business, commercial or t r ad­ ing unde r t ak ing whether or not such f a rm produce is purchased in a public m a r k e t ;

(c) r equ i r ing the delivery by vendors t o

pu rchase r s of dockets or documents containing the prescr ibed par t icu lars with respect to f a rm produce sold in a

public

public marke t and the re tent ion of dockets or o ther documents requi red to be delivered or issued under this Act by the persons to whom they a re delivered

or i ssued;

(d) otherwise prohib i t ing or regula t ing

the marke t ing of f a rm produce or

marke t ing pract ices in relat ion to

f a rm produce in public marke ts .

Such regulat ions may be made with respect to public marke t s general ly or wi th respect to a n y specified public marke t or class of public marke t s or to any specified p a r t of any public marke t or to all public marke t s other than those specified.

I n this subsection " p u b l i c m a r k e t " means any

marke t provided controlled or managed by the council of any city, municipal i ty or shire or by a county council within the meaning of the Local Government Act, 1919, as amended by sub­ sequent Acts , and any other place which the Governor may by proclamat ion published in the Gazet te declare to be a public ma rke t for the purposes of this subsection.

The provis ions of the Local Government Act , 1919, as amended by subsequent Acts , and of any ordinances thereunder , shall to the extent to which they a r e inconsistent with the provis ions of any regula t ion made under th is

subsection cease to have any force or effect.

S T A M P