Fish Supply Management Act of 1935 (26 Geo v No. 33) (Qld)

FISHERIES. 15407 26 GEO. V. No. 33, 1935. FishSupplyManagement Act. 3. The following new section 44A is inserted after New 8. 44A. section forty-four of the Principal Act, as follows:- "[44A.] It is unlawful to have in possession in Unlawf~ Queensland any fish which has been taken by means of~ ~ : ~ ~ Z~ n explosive, poisonous, or other noxious substance. Any by . person ~ .r oun d' In posseSSI . On . In Q ueens 1 an d 0 f any suc h f & lX c p . !OSlves, fish shall be guilty of an offence against this Act and liable to a penalty not exceeding fifty pounds, and any inspector may seize all such fish. For the purpose of this section the averment in any complaint that any fish has been taken by means of explosive, poisonous, or other noxious substance shall be sufficient evidence of that fact unless and until the contrary js proved." An Act to Authorise the Transfer ofthe Management 26-30~033:' and Control of the Business of State Fish F ISH TSH U E PPLY Supply and Works from the Corporation of MANAGEMENT " ACT OF 1935. The Under Secretary, Department of Labour and Industry" to a Board to be Constituted; to make Better Provision for the Supply of Fish; and for other purposes. [ASSENTED TO 10TH DECEMBER, 1935.] W HEREAS, under and pursuant to the provisions Preamble. of *" The State Enterprises Act of 1918," the State Enterprise known as the business of State Fish Supply under t" The Fish Supply Act of 1916" was entrusted to the management and control of the Corporation of the Commissioner of Trade under such firstmentioned Act, and the Works appertaining thereto, herein referred to as the " said 'Vorks," were constructed and became and were vested in the said Corporation: And whereas *" The State Enterprises Act of 1918 " was repealed (subject to certain conditions) by f'The State Enterprises Repeal and "The Under Secretary, Department of Labour and Industry" Oorporation Act * 9 Geo. V. No. 20, supra, page 8591. t 7 Geo. V. No. 25, supra, page 7459. t 22 Geo. V. No. 47, supra, page 13907.

15408 FISHERIES. Fish Sttpply Management Act. 26 GEO. V. No. 33, of 1931," which Act inter alia dissolved the Corporation of the Commissioner for Trade and vested in and attached to the Corporation of" The Under Secretary, Department of Labour and Industry" all the property, whether real or personal, and all other assets of whatever description, and all titles, easements, leases, bills of sale, mortgages, policies of insurance, rights, liabilities, obligations, contracts, and engagements of the dissolved Corporation: And whereas the business of State Fish Supply under *" The Fish Supply Act of 1916" and the said Works were so divested from the dissolved Corporation and vested in the Corporation of "The Under Secretary, Department of Labour and Industry" : And whereas the lastmentioned Corporation has conducted the said business and maintained, worked, managed, and controlled the said Works: And whereas, subject to this Act, it is expedient that the management and control of the business of the said State Fish Supply and the said Works should be transferred by the said Corporation to a Board, as hereinafter constituted, subject to such conditions, covenants, stipulations, and reservations as are herein- after prescribed, contained, or referred to, and that such Corporation should be empowered to so transfer such management and control, and that such Board shall be empowered to manage and control the said business and the said Works as hereinafter provided: And to .make further provision in respect of the Fish Supply- Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- PART 1.- PRELIMINARY. PART I.-PRELIMINARY. Short title. 1. This Act may be cited as "The FishSupplyManagementAct of 1935." Commence. 2. (1.) Except where otherwise provided, this Act ment of Act. shall come into operation on a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette. * 7 Geo. v. No. 25, supra, page 7459.

1935. FISHERIES. FishSupplyManagementAct. 15409 PART 1.- PRELI:I1IN.IRY. (2.) This Act is divided into Parts, as follows : - Parts of Act. PART I.-PRELIMINARY; PART H.-TRANSFER OF MANAGEMENT AND CONTROL OF FISH BUSINESS AND WORKS TO BOARD; PART IH.-CONSTITUTION OF THE FISH BOARD; PART IV.-POWERS, DUTIES, AND OBLIGATIONS OF THE SAID BOARD; PART V.-MISCELLANEOUS. 3. In this Act, unless tile context otherwise requires, I~ terpreta. the following terms have thb meanings set against them tlOn. respectively, that is to say:- . "Board"-The Fish Board constituted under Board. this Act: theJerm includes the chairman and/or any me ber thereof; "Brisbane Fish Su ply Works" (referred to in Brisbane this Act as the "said Works")-The Brisbane Fish Supply Fish Supply Buildings 'fLnd Works situate at Works. SBoriustbhanBer:istbhaene s , ~ . ein otfhethAeresaaiodf WthoerkCsi: tythoef land at present i the name of the Corporation, and more partic larly described in Schedule Schedule I. I. of this Act: any rights of easement and rights-of-way: the buildings, erections, and improvements fereon, together with all machinery, chat eIs, and appurtenances used therein or in co nection therewith, and the wharf, railway siding, machinery, plant, fixtures, fittings, and effects therein or there- upon: and generally the estate, right, title, and interest of ~ he Corporation in the said Works or any lother property, estate, or interest vested iJil the Corporation; " Business of Fish Supply"-The business of State B~ ine8S of Fish Supply under this Act, *" The State FISh Supply. Enterprises Repe~l and" The Under Secretary, Department of L bour and Industry" Corpora- tion Act of 1931," and the repealed Act; " Corporation"-The Corporation of " The Under Corporation Secretary, Department of Labour and por • 22 ",,0. V. No. 47. ~ " . . a. 13907.

15410 PART 1.- PRELIMINARY. District.. Fish. Fund. License. Local Authorities Acts. Local Authority. Market. FISHERIES. FishSupplyManagementAct. 26 GEO. V. No. 33, Industry" constituted under *" The State Enterprises Repeal and" The Under Secretary, Department of Labour and Industry" Oorporation Act of 1931 " ; " District"-The Metropolitan Fish Supply District, and any other district constituted under and for the purposes of this Act ; "Fish"-All manner of freshwater or saltwater fish: the term includes prawns, crawfish, crabs, and turtles, also preserved, salted, or canned fish prepared in the State, also any other fish or marine product which the Governor in Council by Order in Council from time to time may declare to be fish for the purposes of this Act: the term does not include oysters: Provided that the Governor in Council may by Order in Council declare that oysters shall be "fish" for the purposes of this Act and upon the making of such Order in Council oysters shall be included in the term "fish" accordingly; "Fund"-The Fish Supply Fund established at the Treasury pursuant to this Act; " License "-Any license or permit under this Act; "Local AuthoritiesActs" ~ t" The Local Authorities Acts, 1902 to 1934," or any Act amending or in substitution for the same: The term includes the Brisbane City Council constituted under t" The Oity of Brisbane Acts, 1924 to 1934," or any Act amending or in substitution for the same; "Local Authority"-The Council of any City, Town, or Shire under the Local Authorities Acts comprised wholly or partly within a district; " Market"-The Metropolitan Fish Market in the Metropolitan Fish Supply District: the term also includes any other fish market established * 22 Geo. V. No. 47, 8upra, page 13907. t 2 Edw. VII. No. 19 and amending Acts 8upra, pages 1860 et seg. t 15 Geo. V. No. 32 and amending Acts, supra, pages 11140 et 8eg.

1935. FISHERIES. FishSupplyManagementAct. 15411 PART 1.- PRELIMINARY. in and for a district under this Act and any branch market so established, and all lands, improvements, and works provided or used for or in connection with, such market or any branch market; "Minister"-The Secretary for Labour and Minister. Industry or other Minister of the Crown for the time being charged with the administration of this Act; "Prescribed"-.prescribed by this Act; Prescribed. "Regulations"-Regulations made under the Regulations. authority of this Act; "This Act"-This Act and all Proclamations, This Act. Orders in Council, and regulations made thereunder ; " To sell "-To sell by wholesale or by retail or To sell. by auction, and includes barter, supply for profit, offer for sale, receive for sale, have in possession for sale, expose for sale, send, forward, or deliver for sale, cause or suffer or allow to be sold, offered, or exposed for sale: and "sale" and "sold" have a corresponding meaning. 4. *" The Fish Supply Act of 1916" is repealed; Repeal of that Act is herein referred to as the " repealed Act" : ~ h~ e! ~ ~ . Provided that without prejudice to t" The Acts No. 25. Shortening Acts"- (i.) Until regulations under this Act are made, all by-laws and regulations made under the repealed Act or under t" The State Enterprises Act of 1918," or under §" The State Enterprises Repeal and "The Under Secretary, Depart- ment of Labour and Industry" Corporation Act of 1931," and in force at the commencement of this Act shall continue in force as regulations under this Act until otherwise amended or repealed by regulations under this Act; (ii.) The Metropolitan Fish Market existing at the commencement of this Act constituted and * 7 Geo. V. No. 25, supra, page 7459. t 31 Vie. No. 6, supra, page 15. t 9 Geo. V. No. 20, supra, page 8591. § 22 Geo. V. No. 47, 'supra, page 1:1907.

15412 PART 1.- PRELIMINARY. FISHERIES. Fish Sttpply Management Act. 26 GEO. V. No. 33, managed under the repealed Act or under *" The State Enterprises Act of 1918," or under t" The State Enterprises Repeal and "The Under Secretary, Department of Labour and Industry" Corporation Act of 1931" shall continue to be the Metropolitan Fish Market under and for the purposes of this Act ; (iii.) Subject to this Act, all permits and licenses issued under or pursuant to the repealed Act or under *" The State Enterprises Act of 1918," or under t" The State Enterprises Repeal and "The Under Secretary, Department of Labour and Industry" Corporation Act of 1931," and subsisting 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. Application 5. (1.) This Act shall apply to and be in force in of Act. districts constituted under and for the purposes of this Act as hereinafter provided. Districts. .. (2.) The Governor in Council may from time to time, 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 such 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. Metropolitan (3.) The area as set forth in Schedule n. to this ~ ~ ~ ~ r? c~ : PIY Act shall be a Fish Supply District under and for the purposes 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 to time, by Order in Council published in the Gazette, alter the boundaries of the said district. '" 9 Geo. V. No. 20, 8upra, page 8591. t 22 Geo. V. No. 47, 8upra, page 13907.

FISHERIES. 15413 - - - - - - - - - - ~ ~~ PART !I.- 1935. FishSupplyManagementAct. TRANSFER OF ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~ ~~~ MANAGEMENl.' AND PART II. ~ TRANSFER OF MANAGEMENT AND CONTROL OF ~~N;i; ~L FISH BUSINESS AND WORKS TO BOARD. BUSINESS AND WORKS 6. When the Governor in Council is satisfied that TO BOARD. the Board has been formed as hereafter provided, he ~ = ; : ~ ~ ~ t may direct and empower the Corporation, by Order in and control Council published in the Gazette, to transfer, and the b~ ! ~ ~ ss and Corporation shall transfer, to the Board the management the said and control of the business of Fish Supply and the said Works. Works. Thereupon the management and control of the said business and Works shall be divested from the Corporation and shall vest in the Board, and by virtue of this Act all the liabilities and obligations of the Corporation in respect of or any wise in relation to the management and control of the said business and Works shall be borne and discharged by the Board: Provided that until such transfer has been completed the Corporation shall have full power under this Act to continue to manage and carry on the said Works and the business thereof: Provided further, that the Corporation shall not be liable for any act or damage subsequent to or as a result of the transfer of the management and control of the said Works. 7. The capital value of the said Works, the Capital management and control of which is by virtue of this ;:~':e~~ Act transferred to the Board, shall be fixed at the sum to the of twenty-five thousand pounds. Corporation. Such sum shall be deemed to be a loan made by the Corporation to the Board on the date of the transfer of the management and control of the business of the said Works, and such loan shall be repayable with interest at the rate of four per centum per annum, as follows :- (a) By an instalment of the interest only payable from such date as aforesaid up to and including the thirtieth day of June, one thousand nine hundred and thirty-seven, which instalment shall become due and payable on such date; and (b) By a further instalment of the interest only payable from the first day of July, one thousand nine hundred and thirty-seven,

15414 FISHERIES. PART II.- TRANSFER OF Fish Supply Management Act. 26 GEO. V. No. 33, MANAGEMENT - - - - - - - - ' - - - - - - - - - - - - - - - - - - - AND CONTROL up to and including the thirtieth day of OF FISH BUSINESS AND WORKS TO BOARD. June, one thousand nine hundred and thirty-eight, which instalment shall become due and payable on such lastmentioned date; and (c) Thereafter by twenty-eight equal annual instalments compounded of principal and interest, the first of such instalments to become due and payable on the thirtieth day of June, one thousand nine hundred and thirty-nine, and thereafter one such instalment to become due and payable on the thirtieth day of June of each succeeding year until the whole of the aforesaid loan and interest thereon shall have been repaid. Profits. 8. Any profits made by the Board after providing for interest and/or redemption payments, ordinary depreciation, and other like matters or things shall be paid into a reserve fund, and such reserve fund shall be applied as the Board with the approval of the Minister shall determine. Board to bo a" local 9 • The Board shall be deemed to be a "local body" under body" for all purposes under and pursuant to the ~ ~ eGAct V provisions of *" The Local Bodies' Loans Guarantee Act No. :~ . . of 1923," and the provisions of such lastmentione'd Act, together with any additions thereto or modifications thereof as the Governor in Council may by Order in Council prescribe either generally or in any particular case, shall apply and extend accordingly. Bteomomaproadwkeered collec 1 t 0 , . an It d srhecaellivbee inlawrefsupl efcotr atnhde fBoroatrhde tuosedeomf aanndy, charges. property of the Board or any services performed by it, or in connection with the business of Fish Supply or in connection with the sale by it of any ice or other product, such rents, commissions, tolls, dues, rates, fees, and charges as may be reasonable or as may be prescribed. Powers on default. 11. (1.) When default is made in the payment of any tolls, dues, rates, fees, or charges the Board may (in addition to any other right or remedy which it may have) seize and sell any fish or goods the property of the debtor which are in or upon any land or premises the * 14 Geo. V. No. 8, Bupra, page 10693.

FISHERIES. 15415 PART II.- 1935. F~ sh Supply Management Act. TRANSFER OF . - - - - - - - - MANAGEMENT property of the Board, and after reimbursing itself the COANNTDROL amount of such rents, commissions, tolls, dues, rates, BOUFSIFNIESSHS fees, or charges and the expenses of such seizure and AND WORKS TO BOARD. sale shall on demand render the surplus (if any) and also such of the said fish or goods as remain unsold to the person entitled thereto. (2.) The Board may by action in any court of competent jurisdiction recover the amount of any rents, commissions, tolls, dues, rates, fees, charges, and expenses due and payable to the Board. Boar 1 d 2. anAdll wfeheesthoerr submy s woafym 0 ofne I yoarneceoirvedothbeyrWt·hlsee Fesutnabdlitsohebde. under the provisions of this Act shall go to form a fund to be established at the Treasury and called " The Fish Supply Fund" out of which shall be defrayed- (a) Any preliminary costs, charges, and expenses incurred by the Corporation in respect of the transfer of the management and control of the said Works to the Board; (b) The salaries, wages, and allowances of members, officers, and employees of the Board; (c) Costs of administration of the business and Warks, including all rates, taxes, and charges payable and leviable by any Act or law; (d) The expenses of the maintenance, extension, alteration, or repair and due conduct of the said Works, or in respect of the establishment, construction, extension, alteration, and repair of any additional market buildings, cold stores, shops, and wharves, canning, preserving; and fertiliser works after the commencement of this Act, and all other expenses involved in the carrying out of the purposes of this Act. 13. The Board shall observe and obey the c C o o n ve d ~ it ~ I n O t n s s , . following terms, conditions, covenants, and stipulations and as follow:- stipulations imposed upon the Board. (1) The Board shall pay the instalments hereby 'F0 pay prescribed and at the times appointed for mstalmentil. the payment thereof;

15416 PART II.- TRANSFER OF MANAGEMENT AND CONTROL OF FISH .BUSINESS AND \VORKS TO BOARD. Duty of mainten- ance. To pay rates. Not to transfer. &0•• without consent. Power of entry. Munioipal and health require- ments. Insuranco. FISHERIES. Fish Supply ManagementAct. 26 GEO. V. No. 33, (2) The Board shall at all times exercise due care of the Works, assets, and property of the Board, and shall maintain the Works and other property in good and substantial order and repair to the satisfaction of the Minister; (3) The Board shall pay all rates, taxes, and assessments now or hereafter created payable in respect of the Works, including municipal water, sewerage, and all other rates; (4) The Board shall not sell, transfer, assign, lease, or part with the possession of the assets,. Works, or property of the Board or any part or parts thereof without the consent of the Governor in Council first had and obtained: Provided that in the event of the sale of any part of the assets, Works, or property of the Board with the consent as herein provided, the proceeds of the sale thereof shall be paid to the Corporation and placed to the credit of the Board's indebtedness as hereinbefore set forth. Any such agreement or contract or writing made or entered into contrary to this provision shall be void and of no effect ; (5) The Board shall from time to time and at all reasonable times permit the Corporation or the Minister or their servants and agents to enter into and upon the said Works or additional works and to view the state and condition thereof and shall, upon the receipt of any notice or requisition in writing from the Corporation or the Minister of any defects or want of repair then found, forthwith make the same good according to such notice and the covenants in that behalf on the part of the Board herein (Jontained ; (6) The Board shall f~ om time to time and at all . times in respect of the Works comply with and observe each .and every requirements of any municipal, local, health, or duly constituted authority; (7) The Board shall insure and keep insured to their full insurable value with the State

FISHERIES. 15417 PART II.- 193G. FishSupplyManagementAct. TRANSFER OF - - - -_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ MANAGEMENT AND Government Insurance Office in th~ name ~ ~ NF~ s~ and for the benefit of the CorporatIOn the BUSINESS • AND WORKS Works and assets of the CorporatIOn; TO BOARD. (8) The Board shall observe and carry on any Board to contracts which at the time of transfer were ~ : ~ ~ ~ : ke being observed and carried on by the contracts Corporation. and leases. Any leases made by the Corporation in respect of the Works or other assets existing at the time of transfer shall by virtue of this Act be and be vested in the Board as lessor, and the Board shall have all the powers, functions, and authorities as lessor accordingly, and any such lease shall enure and have effect for the duration thereof and subject to the terms and conditions thereof accordingly. And the Board shall in addition to any such powers herein vested have all the powers of a landlord in and for the enforcement against a lessee of payment of rent, including power of eviction in respect of any such premises so leased as a landlord has pursuant to law; (9) The Board shall, when required by the Duty to give Minister, furnish the Minister with such information. information in relation to the said Works as the Minister may require; (10) The books and accounts of the Board Audit and shall be audited by the Auditor-General or accounts. auditors of his Department, and the Board shall pay for such audit such remuneration as the Auditor-General may determine. 14. When the whole of the liability to the Transfer by Corporation, with interest thereon, of the Board shall Corporation. have been liquidated as prescribed by this Act, it shall be lawful for the Corporation with the approval of the Governor in Council to transfer to the Board all the right, title, and interest of the Corporation in the said Works or other assets of the business of Fish Supply under this Act. .1

15418 FISHERIES. PART II.- TRANSFER OF Fish fhtpply Management Act. 26 GEO. V. No. 33, MANAGEMENT ~ - - - - - - - - - - - - --- --- --- -- AND CONTROL Upon the execution of such transfer the said Works BOUFSFINISEHSS and other assets shall be divested from the Corporation AND WORKS and shall vest in the Board, and by virtue of this Act TO BOARD. all the liabilities and obligations of the Corporation in respect of 01' otherwise in relation to the said Works or other assets shall be borne and discharged by the Board. Remedy on 15. (1.) If any default whatsoever is made by the default. Board concerned in the payment of any moneys made payable under this Act, or in the observance of any provision, covenant, condition, or stipulation contained in this Act, it shall be lawful for the Corporation forthwith to determine the Board's management and control and to enter into and resume possession of the said Works; and the Corporation shall have all the rights, powers, and authorities in regard thereto as if this Act had not been passed and, moreover, may sell or realise on the Works and assets as the Corporation thinks fit. The powers and authorities of the Corporation in respect of the default of such Board may be exercised in the event of the cessation by such Board of the operations of the said Works during the period of its management and control. Remedies (2.) The provisions of this Act for securing to the c o u f m C u r l o a w ti n ve. Corporation the payment by the Board of moneys payable by the Board to the Corporation under this Act, and all other powers and authorities conferred on the Corporation or Minister under or pursuant to this Act, shall be in addition to any other remedy which the Corporation or Minister has against the Board concerned as a creditor, and he or it may enforce any such remedy. Temporary 16. For the purpose of the temporary accommoda- ~ ~ ~ f: ~ o. tion of the Board, the Board may obtain advances by way of overdraft of current account in any bank or banks up to an amount not exceeding one-fourth of the estimated annual revenue of the Board: Provided that during the first year of the operation of the Board such sum to be borrowed by the Board shall be fixed by the PART III.- Minister. CONSTITUTION OF THE FISH BOARD. PART lIl.-CONSTITUTION OF THE FISH BOARD. C of on B s o ti a t r u d t . ion estab 1 li7sh. e ( d I.) a FBoor atrhde tpourpboesecsaollfetdh" isTAhcet Fthisehre Bshoaallrdb" e (herein referred to as "the Board").

FISHERIES. 15419 PART IlL··· 1935. FishSupplyManagementAct. - - - - - ----------- ------------- CONSTITUTION OF THE FISH BOARD. Such Board shall, subj ect to this Act, consist of four members, namely- (a) A representative of the Government who shall be the chairman of the Board; (b) One member representative of the fishermen; (c) One member representative of the distributors; (d) One member representative of the consumers. The Board and the members thereof shall be appointed by the Governor in Council by notification in the Gazette: Provided that the Governor in Council may from time to time increase the number of members of the Board, and in any such case shall declare the representa- tion of members thereon: Provided that the membership of the Board shall not be reduced below four. (2.) The Board shall be a corporation sole by the name of "The Fish Board," and by that name shall have perpetual succession and an official seal which shall be judicially noticed, and shall be capable in law of suing and being sued, and shall have power to take, purchase, take on lease, sell, exchange, lease, mortgage, and hold land, goods, chattels, and other property and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer. 18. Subject to this Act, the Board shall meet at Business. such times and conduct its business in such manner as it may decide or as may be prescribed. 19. The rules set forth in Schedule Ill. to this : ~e~ ~ IH Act shall apply to the business and proceedings of the c e u e • Board and the several other matters referred to therein, and such rules shall be observed by the Board and all persons concerned. But such rules shall not be construed to prevent or limit the making of regulations for the purpose of giving full effect to this Act. Such rules may from time to time be amended or Amendment added to by the Governor in Council by Order in Council of rules. published in the Gazette. 20. (1.) The members shall hold office for such Tenure of term as the Governor in Council shall think fit, but shall members. be eligible for reappointment.

15420 FISHERIES. PABTIII.- CONSTITUTION OlrTHE Fish SuppZy Management Act. 26 GEO. V. No. 33, FISH BOARD. Removal by The Governor in Council for sufficient cause may C Go O v u e n r C ~ Il o . r in remove any member • (2.) If the office of a member becomes vacant during the term for which he is appointed, a successor shall in the case other than the chairman be appointed representative of the like interests in respect of the vacant office for the remainder of such term: Provided that if the office of chairman becomes vacant the Governor in Council shall appoint a fit and proper person to be chairman. (3.) If a member is likely from any cause to be absent from meetings of the Board for more than two months, the Governor in Council may appoint a deputy to act for such member during his absence. (4.) A deputy shall have the same powers, rights, and duties as the member in whose place he is appointed. Vacancies. (5.) The office of a member shall become vacant if such member- (a) Becomes bankrupt or compounds with his creditors; or (b) Is absent without leave of the Board from three consecutive meetings of the Board extending over a period of not less than three months, of which due notice has been given to him either personally or by post; or (c) Resigns his office by writing under his own hand addressed to the Minister; or (d) Is removed from office by the Governor in Council. Appoint. ment of officers. 21. (1.) The Board shall appoint a secretary, and may appoint such administrative and technical officers, clerks, and other officers as may be considered necessary for the due administration of this Act. Any auctioneer appointed by the Board shall be deemed to be a licensed auctioneer within the meaning of *" The Auctioneers and Oommission Agents Acts, 1922 to 1924," but shall not be required to take out an auctioneer's license under such Acts. * 13 Geo. v. No. 27 and amending Acts, supra, pages 9932 et aeg.

FISHERIES. 15421 1935. FishSupplyManagementAct. PART III.- CONSTITUTION OF THE FISH (2.) The secretary shall have power to execute BOARD. documents on behalf of the Board and affix the official S m ec a re v ta a ffix y r seal thereto, and shall also have such other powers and seaL perform such other duties as are from time to time appointed by the Board. (3.) The Board shall employ such employees as Employment may be neces8ary for carrying out the provisions of this ~ : U~ i~ ; ; ees. Act. (4.) Every officer or employee shall hold office Employee durI· ng p1easure on1y, and t he Board may d IS · ID · lSS any atot hploeladsuofr'feic. employee, and may discontinue the offices of or appoint other persons in the place of employees who are dismissed or di~ or resign or otherwise vacate their employment. PART IV.-POWERS, DUTIES, AND OBLIGATIONS OF PARTIV.- POWERS, g~ ~~: .f. r~~ THE SAID BOARD. OF THE SAID BOARD. 22. Subject to this Act, the Board is hereby Power to empowered and authorised to undertake and carry on in ~ar~y on any district the business of the getting, preparation, usmess. purchase, sale, supply, and distribution of fish and all products and by-products of the same, including the business of the manufacture and sale of ice and the storage of fish and other foodstuffs, products, and by-products, and for that purpose to establish, maintain, regulate, and control markets, depots, shops, factories, preserving and refrigerating works, canneries, and other suitable works. 23. (1.) The Board may if it thinks fitl- Further (i.) With the approval of the Governor in Council ~~: ~~~ of establish in any district or part of a district a branch market or branch markets, and with the like approval may discontinue the same. The fact of the establishment of a market shall be notified in the Gazette, and the market shall be deemed to be established on the date of such notification; (ii.) Establish, maintain, and conduct shops, stalls, and barrows for the sale of fish in any part of the Metropolitan Fish District; (iii.) Establish, maintain, and conduct works for canning and smoking fish ;

15422 FISHERIES. PARTlV.- POWERS, DUTIES, AND OBLIGATIONS OF THE SAID BOARD. Fish Sttpply Management Act. 26 GEO. V. No. 33, (iv.) Make arrangements with regard to the purchase and disposal of inedible fish, offal, or other matter, and apply any manufacturing process thereto and convert it into a merchantable article and sell the same. Acquisition of land and (2.) The Board may acquire by purchase, lease, . property. grant, or otherwise, and hold land for carrying out the purposes of this Act. For the purposes of this subsection the Board shall be deemed to be a " constructing authority" within the meaning of *" The Public Works Land Resumption Acts, 1906 to 1917." Oysters. (3.) The Board is hereby empowered and authorised to receive oysters at the markets, and to purchase, store, sell, supply, and distribute the same. Local 24. After the commencement of this Act, so far as Aetoxuectrhecoaissreeititeos tahfteerMtehterocpoonlisttaintuFtiiosnh oSfuappdlyistDriicsttruicntdiesr ctohnisceArncetdi, nanaldl powers. other cases, the Local Authorities of such district shall no longer have or exercise any power, authority, or jurisdiction to establish, maintain, or regulate any fish market; and all the provisions of the Local Authorities Acts conferring any such power, authority, or jurisdiction shall with respect to every such Local Authority be abrogated and cease to have any effect. Saving of 25. Nothing in this Act shall be taken to abridge Health Actl!. the powers vested in the Commissioner for Public Health under and pursuant to t" The Health Acts, 1900 to 1934," and any Act amending or in substitution for the same. All fish to 26. After the date of the establishment of the f~ :s~ ~;~ ~f. h market, it shall not be lawful to sell within the district any fish which have not first been inspected at the market, or have not otherwise been duly certified as fit for human consumption by any inspector appointed under this Act. No fish to 27. (1.) Subject as herein provided, no person shall ebxecseopldt by in any district sell any fish for human consumption auction at unless such fish have first been brought to and sold in the market. the market in the district. * 6 Edw. VII. No. 14 and amending Acts, supra, pages 8211 et seq. t 64 Vic. No. 9 and amending Acts, supra, pages 7735 et seq. (See Alphabetical Table.)

FISHERIES. 15423 1935. PARTlV.- Fish Supply Management Act. POWERS, DUTIES, AND - - - - - - - - - - - - - - - - - - - - .oBLIGATIONS When such fish have been brought to the market OFIf~ :R~ ~D and certified as fit for human consumption, such fish shall not besold at the market otherwise than by public auction: Provided that the Board shall have power and discretion to- . (a) Consent to the exemption of such seaside areas in the district as may be allowed by the Board from the provisions of this section; (b) Consent to sales of fish being conducted at the market otherwise than by public auction: Provided further, that no sales of fish shall be made in the market until the whole of the fish certified as fit for human consumption, and immediately on hand at the time of auction of such firstmentioned fish, shall have been first submitted for auction. (2.) The consent of the Board under the last Consent of preceding subsection may be given in such form and Board. subject to such terms and conditions as the Board may in its absolute discretion determine. 28. Nothing in this Act shall protect any person Sale of wunhwo h 0 se 1 ellssomfoer ohr uumnfaint focronhsuummapntiocnonsaunmyptfIi . Oshn. which is s u po n r w omt h ee o c fi t sl e eh d . n . ot Any person who so sells any such fish as hereinbefore . described shall be guilty of an offence. The provisions of this section shall apply generally throughout the State, and shall not be restricted to any district or districts. 29. Every person who- Offences. (a) Resists or obstructs any authorised officer of the Board in the exercise of any of the powers and authorities conferred upon him by this Act; (b) Refuses to give information or gives false information in answer to any inquiry made by any authorised officer in pursuance of this Act; (c) Refuses or neglects to comply with any order, notice, prohibition, or requirement of the Board lawfully made under this Act or the regulations;

15424 PARTlV.- POWERS. DUTIES, A:iW OBLIGATIONS OF THE SAID BOARD. FISHERIES. Fish Sttpply Management Act. 26 GEO. V. No. 33, (d) Contravenes any license or permit or consent, or the terms and conditions of same, under this Act; (e) Contravenes or neglects or fails to comply with this Act in any way, where there is no greater penalty prescribed, shall be liable on summary conviction to a penalty not exceeding twenty pounds. PARTV.- MISCEL- LANEOUS. P AR1' V.-MaSCELLANEOUS. i P n u q b u l i i r c y. inqui 3 ry 0. (wFohirchthtehepuBropaorsde iosf hceorenbdyucatiuntghorainseyd psuobltioc conduct) in reference to Fish Supply generally, the Board or the person conducting the inquiry shall have all the powers, authorities, and protection of a Commission under *" The Official Inquiries Evidence Acts, 1910 to 1929." Evidence. 31. In any proceedings by or on behalf of the Board under this Act- (1) It shall not be necessary to prove the appoint- ment of the members, chairman, secretary, or any other officer of the Board, or the authority of the Board, or member or secretary or officer thereof, to do any act, or to give any direction, or issue or serve any notice or take any proceeding; (2) Any notification, requisition, direction, or demand, order, or other document in writing purporting to be signed or made or sent by the Board or the chairman or secretary thereof shall be judicially noticed; (3) The production of a copy of the Gazette purporting to contain any notification, direction, or order made by the Board shall be conclusive evidence of the matters contained therein, and that all steps necessary to be taken prior to the making of such notification, direction, or order have been duly taken; (4) A writing certified by the secretary of the Board to be a true copy of or a true extract from any register, book, certificate, notice, * 1 Geo. V. No. 26 and 20 Geo V. No. 2, supra, pages 748 and 12474.

1935. FISHERIES. FishSupplyManagementAct. 15425 PART V.-- MISCEL- LANEOUS. list, declaration, statement, document, or writing of any nature whatsoever in the custody of the Board or of any officer of the Board shall for all purposes be prima facie evidence of the original of which it purports to be a copy or extract, and shall be receivable in evidence to the same extent as the original. 32. A writ or other process shall not be sued out Notice of or served upon the Board or any member thereof, or action. any officer of the Board or any person acting in his aid, for anything done or intended to be done or omitted to be done under the provisions of this Act until the expiration of one month after notice in writing has been served on the Board or such member, officer, or person clearly stating the cause of action and the name and place of abode of the intended plaintiff and of his solicitor or agent in the case; and on trial of any such action the plaintiff shall not be permitted to go into evidence of any cause of action that is not stated in the notice served, and unless such notice is served a verdict shall be found for defendant. 33. {l.) Any information, complaint, or other legal Information. proceeding under this Act may be taken in the name of the Board by the secretary or by any other officer authorised by the Board in that behalf either generally or in any particular case. (2.) In any proceedings the production of a notification in writing under the hand of the chairman or secretary of the Board to the effect that any person has been so authorised shall be conclusive evidence of authority and evidence that this authority to act remains in force. 34. It is hereby declared that it shall be lawful for Minister the Minister. at any time and from time to time to call may call for upon the Board by notice in writing under his hand or reports, &0 under the hand of the Under Secretary, Department of Labour and Industry, addressed to the chairman or secretary of the Board, for a report or information in relation to the finances generally of the Board, or in relation to any matter or thing in relation to revenue or expenditure, or in respect of any matter or' thing concerning the administration of the Board; and it shall be the duty of such chairman or secretary to furnish to

15426 PARTV.- MISCEL- LANEOUS. FISHERIES. FishSupplyManagementAct. 26 GEO. V. No. 33, the Minister or to the Under Secretary as aforesaid a full, true, and complete report or information desired by him. Any omission, neglect, or failure on the part of any such chairman or secretary to comply with the provisions of this section shall be deemed to be an offence under the provisions of this section, and shall on conviction render the offender liable to a penalty not exceeding one hundred pounds, to be recovered in a summary way by complaint under the provisions of *" The Justices Acts, 1886 to 1932." The provisions of this section shall take effect whether any audit of the books and accounts of the Board has been made or not. Board to 35. The Board shall prepare an annual report of : ~ ~~ annual its administration and operations under this Act for the . year ending on the thirtieth day of June in each year. Such report shall show in detail the revenue and expenditure and financial position of the business of the Board. The report shall be transmitted to the Minister before the first day of October next ensuing, and shall be by him laid before Parliament if Parliament is then sitting; or, if not, then within fourteen days after the commencement of the session next ensuing. General penalty. 36. (I.) Any person who is guilty of an offence or of a contravention of this Act for which no specific penalty is in this Act provided shall be liable to a penalty not exceeding one hundred pounds. Penalties (2.) All penalties incurred for any offence against irnecaoverable this Act or any fees, charges, or tolls levied pursuant to swuamy.mary t * h " is Th A e c J t us m ti a c y es b A e cts r , ec1o8v8e6re to d 1 in 93a2," suomn mthaerycowmapylauinntdoerf the secretary or other person authorised by the Board. Penalties to (3.) All sums for penalties paid in respect of any btoeBpoaaidrd. conviction for any offence under this Act, and any fees, charges, or tolls levied or recovered pursuant to this Act shall be paid to the Board and become part of its funds. ... 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seq.

1935. FISHERIES. FishSupplyManagementAct. 15427 PARTV.- MiSCEL- LANEOUS. 37. (1.) The Governor in Council on the recom- Regulations. mendation of the Board may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act, or that may be necessary or expedient to carry out the objects and purposes of this Act, and where there may be in this Act or in any other Act no provision or no sufficient provision in respect of any matter or thing adequate, necessary, or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. Without limiting the generality of the foregoing Regulations power to make regulations, regulations may be made- : : ~ e~ e (1) Providing for the management and control of Management the said Works and the business of Fish aonf dthceosnatI; dol. : Supply by the Board. Works. ,_:J (2) F s O a ~ d l rWegu o l r akt s i , ng anadndfo c r on r t e ro g l u ll a i t n m ~ gthethuesecoonfduthce t t ~ h ~ e g: s ; a : id ~~ ns of all persons using the same or resorting Works. thereto, or buying, selling, or dealing therein. (3) Regulating the appointment, and if necessary the election of members to the Board and the proceedings of the Board; the fees (if any) which may be allowed to members of the Board for attendance at meetings of the Board. (4) Defining the duties and powers of officers and Duties of employees of the Board. officers. (5) Providing for :fixing, levying, and collecting Rents, rents, tolls, fees, and charges for the use of tolls, &c. or in connection with the business of Fish Supply and the said Works. (6) Regulating the works and markets, and the buildings, stalls, pens, and standings therein; preventing nuisances or obstructions therein or in the market approaches and appurten- ances; the maintenance of order, discipline, decency, and cleanliness of the Works and markets; preventing trespass and intrusion. (7) Imposing market dues and charges, and providing 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.

15428 PAB"V.- MISOEL- LANEOUB. FISHERIES. FishSupplyManagementAct. 26 Goo. V. No. 33, (8) The inspection 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. (9) Regulating 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 rustrict. (10) Regulating by permit the hawking and itinerant vending of fish within the district; imposing fees for such permits. (11) Licensing fishmongers and fish vendors within the district, and fixing fees for such licenses. (12) Fixing the days and the hours during each day on which the market shall be held. (13) Regulating cold storage; fixing charges for the use of the same. (14) Regulating the use of the weighing-machines, trucks, trays, and cleansing troughs provided by the Minister; preventing the use of false or defective weights, scales, or measures. (15) Regulating auctions in the market, and imposing fees to be paid by persons conducting the same other than officers of the Board. (16) 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. (17) Prescribing returns of statistics and data to be furmshed to the Minister or Board, and the contents thereof, by any prescribed person, and the time and mode of making and furnishing the same. (18) The delegation by the Board of such powers, duties, and responsibilities as may be prescribed, and to the person prescribed. (19) Generally for carrying the objects and purposes of this Act into effect. .

1935. FISHERIES. FishSupplyManagementAct. 15429 PABTV.- MISCEL- LANEOUS. (2.) Such regulations may prescribe that they shall May fix c G o a m ze e tte i , notor moapyer f a i txiotnheorenI. llthaedaptuebl I . I i I cafutitounreth I . I e I rweohf· lC hinsuthche dopaetera °t I ~ On. regulations, or any regulation or regulations, shall so come into force. (3.) A regulation may provide a penalty for any breach thereof of an amount which shall in no case exceed fifty pounds. (4.) Such regulations may be made on the passing May be made of this Act. on passing of this Act. 38. All Proclamations, Orders in Council, andProclama- regulations made or purporting to have been made under t! o~ ~ u~ ~ ~ ers this Act shall be published in the Gazette, and thereupon and . . shall be of the same effect as if they were enacted in this : ~ : : ~ Z: rt Act and shall be judicially noticed, and shall not be of this Act. questioned in any proceedings whatsoever. Any such Proclamation or Order in Council may be rescinded or amended, whether by addition or otherwise, by a subsequent Proclamation or Order in Council under this Act. The -.publication in the Gazette of any such Proclamation or Order in Council or regulation shall be conclusive evidence of the matters contained therein and of the power and authority to make such Proclamation, Order in Council, or regulation. All Proclamations, Orders in Council, and regulations shall be laid before the Legislative Assembly within fourteen days after such publication, if Parliament is in session; or, if not, then within fourteen days after the commencement of the next session. If Parliament passes a resolution disallowing any such Proclamation, Order in Council, or regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such Proclamation, Order in Council, or regulation has been laid before it, such Proclamation, Order in Council, or regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. • For the purpose of this section, the term "sitting days" shall mean days on which the House actually sits for the despatch of business.

15430 FISHERIES. FishSupplyManagementAct. 26 GEO. V. No 33, 1935. [Sec. 3.] SCHEDULES. SOHEDULE 1. BRISBANE FISH SUPPLY WORKS. Resubdivision 1 of Subdivision 2 of Allotment 3 of Section 9, containing 3-fo perches, Oounty of Stanley, Parish of South Brisbane, Oity of Brisbane, being the whole of the land contained in Oertificate of Title 344903, Volume 1838, Folio 143, subject to easement. Subdivision 0 of Allotments 1 and 2, Subdivision 3 of Allotment 3, Allotment 4 of Subdivision A of Resubdivision B of Subdivision A of Allotment 5 of Section 9, containing 2 roods 25 f 'tr"o perches, Oounty of Stanley, Parish of South Brisbane, Oity of Brisbane, being part of the land contained in Deed of Grant 109636, Volume 1497, Folio 146, subject to easements. [Sec.5.J SOHEDULE H. METROPOLITAN FISH SUPPLY DISTRICT. The Metropolitan Fish Supply District shall be the boundaries of the Area of the Oity of Brisbane as set forth in *" The City of Brisbane Acts, 1924 to 1934," or any Act amending or in substitution for the same. [Sec. 19.] SOHEDULE HI. Votes at election (if any). Chairman. Secretary. Meetings of Board. RULES RELATING TO BUSINESS AND PROCEEDINGS. 1. In the case of any election of the representatives to the Board, the secretary shall be the returning officer at such election. 2. The chairman shall act as the executive officer of the Board. 3. The secretary shall keep minutes of meetings of the Board, issue notices of meetings, conduct correspondence, and perform such other duties pertaining to the business of the Board as the Board may direct. 4. (1.) A meeting of the Board shall be held at least once in every month. (2.) Notice of the time and place of meeting, and of the business to be transacted by the Board thereat, shall be given to all members at least seven days before the date of the meeting. (3.) The chairman shall preside at every meeting at which he • is present. (4.) The business transacted at any meeting shall be that specified in the notice. (5.) Any three members of the Board shall form a quorum. * 15 Geo. V., No. 32 and amending Acts, 8upra, pages 11140 et 8eq.

FISHERIES. 26 GEO. V. No. 39, 1935. Whaling Act. 15431 (6.) A special meeting for any particular purpose may be called by the chairman at his discretion or when he is requested by two members to call such a meeting. If the chairman fails to call a special meeting after such a request any two members of the Board may call such meeting by a notice 'signed by themselves. Such notice shall state the time and place of meeting and the business to be transacted thereat, and shall be given to members at least seven days before the date of such meeting. The business transacted at any special meeting shall be that specified in the notice. (7.) At any meeting of the Board, if a quorum is not present within fifteen minutes after the notified hour of meeting, that fact and the names of the members present shall be recorded by the secretary in the minute.book. (8.) All powers vested in the Board may be exercised by a majority of the members present at any meeting duly held, and all questions shall be decided by a majority and by open voting. Upon every question the chairman shall have a vote and, if the numbers are equally divided, he shall have a second or casting vote. If any member refuses to vote, his vote shall be counted for the negative. (9.) The order of blL.'liness at any meeting shall be- (a) Reading of minutes; (b) Reading of correspondence; (c) Other business. 5. No proceedings of the Board 01' of any person acting as PrIr~ ~ gs chairman or member shall be invalidated by reason of any defect in va e. his appointment or nomination or of any disqualification of any such person, or by reason of there being any vacancy in the number of members at the time of such proceedings. An Act Relating to Whaling. [ASSENTED '1'0 12TH DECEMBER, 1935.] 26 Geo. V. No. 39. 'rHE WHALING ACTOi' 1935. V I{ THEREAS it is desirable and necessary to make Preamble. ! l" provision to ensure the application of the provisions of the Convention for the Regulation of Whaling signed at Geneva on the twenty-fourth day . of September, One thousand nine hundred and thirty- one, and the punishment of infractions of the said provisions- Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the