Fish Supply Act of 1916 (7 Geo v No. 25) (Qld)

FISHERIES. 7 GEO. V. No. 25, 1916. Fisk Supply Act. 7459 • I FISHERIES. Al11 Act to Make better Provision for the Supply of 73 80 21- Fish by means of State Enterprise. TB: ' FIs~ SUPPLY ACT OF 1916. [ASSENTED TO 29TH DECEMBER, 1916.J E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lati e Council ana Le~ islative Assembly of Queensland in Pa liament as~ embled, and by the authority of the same, as llows:- 4 1 1. This Act may be cited as "The Fish Supply Act Short titie of 916," and shall come into operation on a date to b e : : t pr laimed by the Governor in Council in the Gazette. of Aot. 2 In this Act, unless the context o.therwise indicates, ~ terpreta. the{ following terms have the meanings set against them tion. res ectively, that is to say :- . I " District"-The Metropolitan fish supply district, Distriot. and any oth.er district constituted under and \ for the purposes of this Act; I '.' Fish"-All manner of freshwater or saltwater FiSh. fish: the term includes praw~ , crawfish, and I . crabs, also preserved salted or canned fish I prepared in the State, also any other fish or I marine product which the Governor in Council, I by Order in Council, from time 'to. time, may I1 declare to be fish for the purpof1es of this Act, but does not include oysters; . 1 "Fund"-.The Fish Supply Fu~ d esta?lished at Fund. I the Treasury pursuant to thIS Act III connoo- I tion with the district in question; \ " Maortkheert"- fiTshhemMaertkreotpoelsittaabnlfiisshhedmairnkeatnadndfoar ny a, Marke~ . district under this Act and any branch market so established, and all lands, improvements, and works provided or used for or in con- nection with such market or any branch market; "Local Authority"-The Council of any City, Local . Town, or Shire comprised wholly or partly AuthOrity. within a district;

1460 FISHERIES. Fisk Supply Act. 7 GEO. V. No. 25, LooaJ Authorities Act. \ " MiJl~ t8r. ' . Regulations. This Act. "Local Authorities Act"-" The Local Authorities Act 0/ 1902"* and any Act amending or in substitution for that Act; "Minister"-The Treasurer or other Minister of the Crown charged for the time being with the administration of this Act; " Regulations"-Regulations made under the . authority of this Act; " This Act"-This Act and all Orders in Council and regulations made thereunder. Repeal of 3. (1.) "The Metropolitan Fish Market Act 0/ 1905 "t N 5 E o. d s w o . . VII. is repealed. Th8.t Act is herein referred to as the" repealed Act." , (2.) The Metropolitan Fish Market Board is dis- solved. ' (3.) All the assets and liabilities of the Board hereby dissolved shall vest in and be imposed upon the Minister. The value of all such assets shall be credited to the Fund of the Metropolitan fish supply district hereinafter con- stituted, and all such liabilities shall be discharged out . of such Fund. (4.) Subject to this Act until regulations under this Act are made, all by-laws and regulations made under the repealed Act and in force at the commencement of this Act shall continue in force as regulations under this Act, and shall be given effect to and carried into execution by the Minister within the said Metropolitan fish supply district. (5.) The Metropolitan fish market constituted under the repealed Act shall continue to be the Metropolitan fish market under and for the purposes of this Act, but the Minister may from time to time fix or change the site of such market or any branch thereof as he thinks proper. (6.) Subject to this Act, all permits and licenses issued under or pursuant to the repealed Act and sub- sisting at the commencement of this Act shall, during the currency thereof, be of the same effect as if the same had been issued under this Act. Applioatkln 4. (1.) This Act shall apply to and be in force in of Act. , districts constituted under and for the purposes of this I- '.' Act as hereinafter provided. * 2 Edw. VII. No. 19, supra, page 1860. t 5 Edw. VII. No. 30, supra, page 4046. _

FISHERIES. 1916. Fish Supply Act. (2.) The Governor in Council may from time to time, Districts. by Order in Council published in the Gazette- (a) Constitute any part of Queensland to be a fish supply district under and for the purposes of this Act by sueh name as he thinks proper; (b) Join two or more such districts so as to form one such district; (c) Alter the boundaries of any such district; (d) Abolish any such district. (3.) The Areas and Divisions hereunder mentioned Metropolitan as constituted for the time being under and for the ~ ~ UfPly purposes of the Local Authorities Act-namely, IS ne. City of- Shire of- Brisbane, Balmoral, Divisions South Brisbane; 1 and 2 only, Town of- Coorparoo, Hamilton, Stephens, and I thaca, Toowong, Taringa- Windsor, Wynnum; shall be a fish supply district under and for the purpos~ s of this Act, and shall be known for all the purposes of this Act as " The Metropolitan fish supply district" : Provided that the Governor in Council may from time t'o time, by Order in Council published in the Gazette, alter the boundaries of the said district. 5 (l.) This Act shall be administered by the Minister .Administra.- and by officers of his department. tion of Act. (2.) The Minister for and on behalf of the Govern- Power to ment of Queensland is hereby empowered and authorised ~ ar! y on to undertake and carry on in any district the business usmess. of the getting, preparation, storage, sale, supply, and distribution of fish and all products and by-products of the same, and for that purpose to establish, maintain, regulate, and control markets, depots, shops, factories, preserving and refrigerating works, canneries, and other suitable works, and to purchase, take, contract for the use of or otherwise provide lands, buildings, ships, boats, trawlers, machinery, and all necessary furniture, gear, implements, and equipment. The Minister shall be deemed to be a constructing authority within the meaning of "The Public Works Land Resumption Acto! 1906."* * 6 Edw. VII. No. 14, supra, page 3608. This Act as amended by the Amendment Act of 1916 is reprinted in an Appendix infra.

7462 FISHERIES. Fish Supply Act. 7 GEO. V. No. 25, The Minister, for and on behalf of the Government of Queensland, is hereby empowered and authorised to receive oysters at the Government fish receiving depots and markets, whether from State banks and sections or from elsewhere, and to purchase, store, sell, supply, and distribute the same: Provided that nothing herein shall be construed to authorise the taking of any oyster banks or sections now held or hereafter acquired by any lessee or licensee, or to prejudice the lessee or licensee in his right and title to or interest in any lease or licensed oyster bank held by him. Officers, &c. (3.) The Minister may from time to time appoint such officers, inspectors, and other employees as he thinks proper for the administration and effectual execution of this Act. Subject to any. agreement made in any particular case, all such persons shall hold office during the pleasure of the Minister: Fund. (4.) For the effective administration of this Act there shall be established at the Treasury for each district a separate Fish Supply Fund. Each such Fund shall be charged with the cost of the administration of this Act within the district concerned, including the salaries, wages, and /tllowances of all persons employed for the district, together with such proportion of the expenses of the central office as the Minister thinks proper. All moneys appropriated by Parliament for the pur- poses of this Act in respect of any district, and all other moneys received under this Act in respect of any district, shall be paid into the Fund of such district. Apj!lication The Fund of each district shall be applied by the of undo Minister towards the payment of all expenses necessarily incurred in carrying this Act into execution, and in doing and performing any acts and things which the l\linister is by this Act empowered or required to do or perform. The Minister may payout of such Fund any sum due under an agreement lawfully made for the purposes of this Act, and any sum recovered against the Minister by process of law, and any sum which, by any order made or purporting to be made under this Act, the Minister is directed to pay by w~ y of expenses, compensation, damages, costs, or other- WIse. Local 6. After the commencement of this Act so far as the A to uctheaosreiti t e o s Metropolitan fish supply district is concerned, and after exercise the constitution of a district under this Act in all other powers. cases, the Local Authorities of suoh district shall no longer

FISHERIES. 7463 1916. Fish S1tpply Act. have or exercise any power, authority, or jurisdiction to establish, maintain, or regulate any fish market; and all the provisions of the Local Authorities Act conferring any such power, authority, or jurisdiction shall with respect to every such Local Authority be abrogated and cease to have any effect. 7 (1.) The Minister shall, as soon as conveniently Establish- may be after the extension of this Act to a district, men: ~ f fish establish a fish market at such place within the district mar e. as he considers suitable and convenient. He may from time to time establish in any part of the district a branch market or branch markets, and with the like approval discontinue the same. (2.) The fact of the establishment of the market Notilication. shall be notified in the Gazette, and the market shall be deemed to be established on the date of such notification. 8. The Minister is hereby charged with the super- Minister to imntaern k deet.nce, management, control, and regulation of every mconatrker° tslt.he 9. After the date of the establishment of the market, All fish to it shall not be lawful to sell within the district any fish pass thro~ gh which have not first been inspected at the market, or have the mar t. not otherwise been duly certified as fit for human con- sumption by any inspector appointed under this Act. 10. (1.) The Minister may enter into any contract Contracts. with any person for doing anything which the Minister may be authorised to do or which is necessary for carrying out the purposes of this Act. Any contract made by the Minister, which if made between private persons, firstly, must be in writing under seal; secondly, must be in writing signed by the parties thereto; thirdly, may be made orally without writing :--In the first case, shall be in writing under the seal of the Minister; in the second case, shall be signed by the Minister, or the Under Secretary to his Depart- ment, or any person on behalf of and by direction of the Minister; in the third case, may be made orally without writing by the Minister, or the Under Secretary to his Department, or any person on behalf of and by direction of the Minister. All such contracts may be varied and discharged in 1. e same manner respectively.

7464 FISHERIES. Fisk Supply Act. 7 GEO. V. No. 25, cPoomwpeor u to nd. for su( 2c. h) sTuhme' oMf imniostneerymoar yotchoemr rpeocuonmdpewnisteh aasnhye ptheirnsokns fit in respect of the breach of any contract or any penalty incurred thereunder, or of any debt or money due to the Minister, whether before or after any action brought for the recovery of the same. Authentica- 11. Subject to this Act, every appointment and tdioocnuomfents. every order, notice, certificate, or other document of the Minister relating to the execution of this Act or the business of the Minister thereunder shall be sufficiently authenti- cated if signed by the Under Secretary to his Department, or any person authorised generally or specially by the' Minister to sign the same. Accounts. 12. (1.) If any officer or employee of the Minister fails when required by the Minister so to do- (i.) To render accounts of any moneys received by him for or on behalf of the Minister, and of his dealings therewith; or (ii.) To produce and deliver up the vouchers and receipts relating to the same in his possession . or power; or (ill.) To pay the balance thereof when so required; or (iv.) To deliver up to the Minister or to any person appointed by him to receive the same, within five days after being so required, all papers and writings, property, matters, and things in his possession or power, relating to the execution of this Act, or belonging to the Minister; a police magistrate may hear and determine the matter in a summary way, and may order such officer or employee to render such accounts or to deliver up such vouchers and receipts,or to pay over the balance owing by him, or to deliver up all such papers, writings, property, matters, and things. If such officer or employee neglects or refuses to obey such order, he may be committed to prison for any period not exceeding six months. (2.) All such proceedings against an officer or em- ployee may be had and taken and enforced against such officer or employee after he has ceased to hold his office or be employed.

1916. FISHERIES. Fisk Supply Act. 7465 13 (1.) Any person who obstructs the Minister or Obstructing any person employed by him in the performance of execution of anything which he is, empowered or required to do by Ant. this Act shall be liable to a penalty not exceeding twenty pounds. (2.) Any person who Wilfully destroys, pulls down, injures, or defaces any board on which any regulation, order, notice, .or other matter is inscribed shall, if the same was put up by authority of the Minister, be liable to a penalty not exceeding five pounds. 14. (1.) The Minister may order proceedings to be Ministermay mtaeknetn 0 fof ratnhye rpeecrosovnery 0 fofefnadninygpeangaalI. tniSest at hn I ' d S f A or ct t ~ heanpdunmisha_ yd & pirr c oe . scetcut'IOns, order the expenses of such prosecution or other pro- ceedings to be paid out of the Fund of the district concerned. (2.) In all proceedings in any court of summary Proceedings jurisdiction, any officer appointed by the Minister, by in p.etty writing under his hand, may represent the Minister in sessIons. all respects as though he were the party concerned. In any such proceedings the authority of such, officer shall be presumed unless the contrary is proved. (3.) The officer appointed as last aforesaid shall be Reimburse- reimbursed out of the Fund of the district concerned all : : : : r~ f damages, costs, charges, and expenses to which he may be put or With which he may become chargeable by reason of anything contained in this section. . (4.) Every person who by any act or omission is Penalties. guilty of any contravention of this Act shall be liable, if no other penalty is imposed,· to a penalty not exceeding twenty pounds, or to be imprisoned for any period not exceeding six months. (5.) All penalties payable in respect of offences Rec~ ' V! ' ryof against this, Act may be recovered, by complaint of pen ties. such officer as aforesaid ina summary way under" The Justices Acts, 1886 to 1909."* (6.) All such penalties when recovered shall be paid Applicati?n into the Fund of the district concerned. of penalties. , 15. The Auditor-General, or such officer of his staff Audit. as he from time to time directs, shall once at least in every year examine the books and accounts of the Minister, and the Auditor-General shall report thereupon to the Governor in Council. * 50 Vie. No. 17 and amending Acts, 8Up1'f), pages 1132 et 8eq.

7466 FISHERIES. Fish Supply Act. 7 GEO. V. No. 25, Regulations. 16. (I.) The Minister, with the approval of the Governor in Council, may from time to time make regula- tions with respect to all or any of the following matters : - (i.) The powers and duties of officers and employees; (ii.) Regulating the market and the buildings, stalls, pens, and standings therein; preventing nuisances or obstructions therein or in the market approaches and appurtenances; the maintenance of order, discipline, decency, alid cleanliness of the market; preventing trespass and intrusion; . (ill.) Imposing market dues and charges, and pro- viding for the collection and recovery of the same; the prevention of excessive dues or charges; the settlement of disputes as to dues or charges; the publication of dues and charges ; (iv.) The iI)Spection of fish; fixing fees for such inspection; preventing the sale or· exposure for sale of unsound or unwholesome fish in the market and also within the district; providing for the disposal of such fish ; (v.) Reguiating traffic within the limits of the market and in the market approaches and appurtenances; regulating carriers resorting to. the market; fixing the rates for carrying fish carried therefrom within the district; (vi.) Regulating by permit the hawking and itinerant vending of fish within the district; imposing fees for such permits; (vii.) Licensing fishmongers and fish vendors within the district, and fixing fees for such licenses ; (viii.) Fixing the days and the hours during each day on which the market shall be held; (ix.) Regulating cold storage; fixing charges for the use of the same; (x.) Regulating the use of the weighing-machines provided by the Minister; preventing the use of false or defective weights, scales, or measures; (xi.) Regulating auctions in the market, and impos- ing. fees to be paid by persons conducting the same;

FISHERIES. 7467 1916. Fish Stlpply Act. (xii.) Regulating shops or stalls for the sale of fish by retail in the market, and imposing rents and charges for the use of the same; (xiii.) Generally, for carrying this Act into effect. A regulation may provide a penalty for any breach Penalties. thereof of an amount which shall in no case exceed twenty pounds. (2.) Where there is any omission in this Act, or where no provision or no sufficient provision, in the opinion of the Governor in Council, is made, the Governor in Council may from time to time make and prescribe all such Orders, either general or applicable to particular cases only, as he thinks fit, for the purpose of more effectively carrying this Act into execution, or may authorise regula- tions to be made by the Minister upon the subject. (3.) All such regulations and Orders shall, upon Evid.enc~ of publication in the Gazette, have the same effect as ifPubhcatlon. they were enacted in this Act, and shall not be questioned in any proceedings whatsoever. The production of the Gazette containing any Order in Council or regulation shall be sufficient evidence that. such Order or regulation has been duly made and is still in force. (4.) Such regulations and orders shall be laid before both Houses of Parliament within fourteen sitting days after such publication if Parliament is in session, and, if not, then within fourteen sitting days after the com- mencement of the next session. If either House of Parliament passes a resolution disallowing any such regulation or order, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation or order has been laid before it, such regulation or order shall thereupon cease to have effect, buij without prejudice to the validity of anything done in the mean- time. For the purpose of this Act, the term "sitting days" shall mean days on which the House actually sits for the despatch of businesh : Provided always that if such regulations and orders are not duly laid before Parliament as hereinbefore pre- scribed they shall thereupon cease to have any force, effect, or operation whatsoever.