Fish Supply Management Act Amendment Act of 1941 (5 Geo Vi No. 23) (Qld)

FISHERIES. 5 GEO. VI. No. 23,1941. Fish Supply Management, Etc., Act. EXCHANGE, LABOUR. See LABOUR. EXPERIMENT STATIONS, SUGAR. See SUGAR. 63 FISHERIES. An Act to Amend H The Fish Supply Management 5 GEO. VI. No. 23. Act of 1935" in certain particulars. THE FISH SUPPLY MANAGEMENT [ASSENTED TO 8TH DECEMBER, 1941.] ACT AMENDMENT ACT OF 1941. B ID it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Fish Supply Short title Management Act Amendment Act of 1941," and shall be and t t' read as one with *" The Fish Supply Management Act cons ruc IOn. of 1935," herein referred to as the Principal Act. The Principal Act and this Act may be collectively Collective cited as "The Fish Supply Management Acts, 1935 to title. 1941." Amendments of the Principal Act. 2. The following subsections, numbered three to Amendment five, both inclusive, are added to section seventeen of of s. 17. the Principal Act, namely :- "(3.) The members of the Board in office at the Tenure of passing of t" The Fish Supply Management Act Amend- officeb~ ! in ment Act of 1941 " shall, subject to this Act, continue in :;.: at. office up to and incl~ ding the thirty-first day of~ ~ ~ ' ~ ~ : % h December, one thousand lllne hundred and forty-one, but Supply the office of every such member shall expire on and from 1J~ nagement the expiration of such last-mentioned date : A~ endment Act of 1941." Provided that every such member shall, subject to this Act, be eligible for re-appointment. ,. 26 G. 5 No. 33. See v. 3, p. 589. t This Act.

64 FISHERIES. Fish Supply Managem.ent, Etc., Act. 5 GEO. VI. No. 23, Tenure of (4.) Every member of the Board appointed after ~ ~ : b~~S the passing of *" The Fish Supply Management Act appointed Amendment Act of 1941" shall, subject to this Act, ;~ ~ :U: :~ f be appointed for a period of three years and be eligible "TheFish for reappointment. S; ; : ~ ~ ement Every such member shall hold office from and after Act the date of the expiration of the office of the member AAmcteonfd 1 m 9 e 4 n 1 t ." W h om h e ' IS appom . te d to succee d . (5.) After the passing of *" The Fish Supply Management Act Amendment Act of 1941 " - (a) The fishermen shall elect in the prescribed manner the person who is to be appointed to represent them upon the Board; and (b) The distributors shall elect in the prescribed manner the person who is to be appointed to represent them upon the Board." Amendment 3. The first paragraph of subsection one of section ofs.20. twenty of the Principal Act is repealed. Aofm s. en 2 d 6. ment word 4 s . " Ibny saenctiionnsptewcteonrtyap-spixoinotfedthuendPerirntchipisalAAcct"t tahree repealed and the words "by an inspector appointed under and for the purposes of t" The Health Acts, 1937 to 1939" (or any Act amending or in substitution for those Acts)." Amendment 5. Section twenty-seven of the Principal Act is ofs.27. amended as follows : - (a) In the first paragraph of subsection one thereof the words "or for valuable consideration assign or part with the possession of" are inserted after the word "sell," and the words "for human consumption" are repealed. (b) The first proviso to subsection one thereof is repealed, and the following provisos are inserted in lieu thereof, namely :-- "Provided that- (a) The Board, with the approval of the Minister, shall have power to exempt such seaside areas or Local Authority Areas or parts of Local Authority Areas in the district from the provisions of this section as it shall from time to time deem fit and proper; * This Act. t 1 G. 6 No. 31 and amending Acts. See v. 3, pp. 891 et seq.

FISHERIES. 65 1941. Fish Surpply Mana.g,ement, Etc., Act. (b) The Board shall have power and discretion to conduct sales of fish at the market otherwise than by public auction." (C) Subsection two of the said section is repealed and two new subsections two and three are inserted in lieu thereof, namely:- " (2.)- Approval ( ~ . . ) The approva1 0 f t he M l ' lll . S t er under paragraph aonf dMpinoiwsteerr (a); and of Board. (ii.) The power of the Board to conduct sales of . fish at the market otherwise than by public auction under paragraph (b), as set forth in the first proviso of the last preceding subsection may be given and exercised in such form and subject to such terms and conditions as the Minister in case of the said paragraph (a), or the Board in case of the said paragraph (b) of the said first proviso may in his or its absolute discretion determine. (3.) Any approval by the Minister under paragraph Basis of (a) of the first proviso to subsection one of this section ~ ~ ~: e~~ by maybe based upon- (i.) The average consumption of fish during such period as the Board shall fix in the seaside area or Local Authority Area or part of a Local Authority Area concerned; or (ii.) The average catch of fish during such period as the Board shall fix by fishermen operating from the seaside area or Local Authority Area or part of a Local Authority Area concerned; or (iii.) Such other basis as the Board shall think fit in relation to the seaside area or Local Authority Area or part of a Local Authority Area concerned." 6. The following section, numbered 27 A, is inserted New 8. 27A. after section twenty-seven of the Principal Act, namely:- ;:::serBof " [27 A.] (1.) The Board may, with the approval ~ ower to of the Governor in Council, by a notice published in the Gazette, fix a date on and after which no person fish in the selling fish in any district mentioned in such notice shall market. purchase fish in the market in such district unless and until he is licensed by the Board so to do. e

66 FISHERIES. Fish Supply Management, Etc., Act. 5 GEO. VI. No. 23, 1941. (2.) No person selling fish in any district mentioned in a notice published in the Gazette under subsection one of this section shall purchase fish in the market in such district at any time on or after the date fixed in such notice unless he is licensed by the Board so to do. (3.) A license under this section shall be in the form prescribed by the regulations and shall remain in force until the same is cancelled by the Board or surrendered by the licensee. No such license shall be transferable. No fee shall be payable for any such license. (4.) The Board may, with the approval of the Governor in Council, refuse to issue a license under this section or cancel any license so issued by it without assigning any reason for such refusal or cancellation. (5.) A licensee whose license has been cancelled shall, upon demand made upon him in that behalf by the Board, surrender his license to the Board: Provided that the cancellation of a license shall be effective notwithstanding that the Board has omitted to make such demand or that a licensee has failed to comply therewith when made." Amendment 7. (1.) The following new sub-paragraphs, ofs.37. numbered (lA) and (IB), are inserted after sub-paragraph one of the first paragraph of subsection one of section thirty-seven of the Principal Act, namely:- "(lA.) Empowering and regulating the making by the Board with the consent of the Minister of loans to fishermen for the purchase of boats, nets, and other equipment; and (lB.) Making all necessary provision for and regulating the conduct by post or otherwise of any election from time to time of members of the Board: the permitting of contingent voting at any such election: the compilation and revision of rolls of persons entitled to vote at such elections: the method of determining the qualification of voters at any such election and the making of such list of voters conclusive evidence of the ' title to vote at any such election."

FISHERIES-GAMING. 5 GEO. VI. No. 10, 1941. Art Union Regulation, Etc., Act. .. (2.) Any regulation made or purporting to have been made under the Principal Act prior to the passing of this Act which would be valid and lawful if same were made subsequent to the passing of this Act shall be, and is hereby declared to have always been, as valid and lawful as if the same were made after the passing of this Act. FORESTRY. Se1e LAND. 61 GAMING. An Act to Amend "The Art Union Regulation Act 5 NGoE. O. 10V. I. of 1930" in certain particulars. THE ART UNION REGULATION [ASSENTED TO 20TH NOVEMBER, 1941.] AMENADCMT ENT ACT OF 1941. B Eit enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative A.ssembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Art Union Short title Regulation Act Amendment Act oJ 1941," and shall be~ t. read as one with *" The Art Union Regulation Act oJco ruc IOn. 1930," as amended by t" The Vagrants, Gaming, and Other Offences Act oJ 1931." "The Art Union Regulation Act oJ 1930" as so Collective amended and this Act may be cited collectively as title. " The Art Union Regulation Acts, 1930 to 1941." 2. The following paragraph is added to section Amendment sixteen of *" The Art Union Regulation Act oJ 1930," ofs. 16. namely:- "Proceedings in a summary way for an offence against this Act may be instituted at any time within six months after the commission of the offence or within four months after the discovery thereof by the complainant, whichever is the later period." * 21 G. 5 No. 11. See v. 3, p. 715. t 22 G. 5 No. 27 and amending Acts. See v. 9, pp. 705 e~ seq.