Fish Supply Management Act of 1965 (Qld)

800 Queensland ANNO QUARTO DECIMO ELIZABETHAE SECU N DAE REGINAE No. 58 of 1965 An Act to Provide for the Management and Control of the Supply and Marketing of Fish throughout the State [ ASSENTED TO 17TH DECEMBER, 1965] BE IT ENACTED by the Queen'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 1. (1) Short title . This Act may be cited as " The Fish Supply Management Act of 1965." (2) Commencement of Act. This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. Different dates may be so proclaimed for the coming into operation of different provisions of this Act in which case each provision or this Act shall come into operation on the date so proclaimed therefor.

Fish Supply Management Act of 1965, No. 58 801 2. Arrangement of Act. This Act is divided into Parts and Divisions of Parts as follows:- PART I-PRELIMINARY, PART 11-THE FISH BOARD AND THE NORTH QUEENSLAND FISH BOARD; Division I-The Fish Board; Division II-The North Queensland Fish Board; Division III-Appointments to the Boards; PART III-JURISDICTIONS OF AND ADJUSTMENTS BETWEEN THE FISH BOARD AND THE NORTH QUEENSLAND FISH BOARD; PART IV-BUSINESS OF A BOARD, Division I-General Powers of a Board; Division II-Borrowing Powers of a Board; Division III-Funds and Accounts of a Board; Division IV-Proceedings of a Board; PART V-REGULATION OF THE SUPPLY AND MARKETING OF FISH; Division I-Marketing Regulation; Division II-Powers of Inspection and Investigation; PART VI-MISCELLANEOUS PROVISIONS; SCHEDULES. 3. (1) Repeal . " The Fish Supply Management Acts, 1935 to 1962 " (in this section referred to as the " repealed Acts ") are repealed. (2) Savings . (a) A person who immediately before the date of commencement of this Act is a member of the Fish Board established under the repealed Acts shall continue to hold office as the corresponding member of The Fish Board until his successor is appointed under this Act or until he sooner vacates or is lawfully removed from his office in accordance with this Act. Subject to this Act, such a person shall be eligible for re-election as a representative on or, as the case may be, for re-appointment to a Board constituted under this Act. (b) A person who immediately before the date of the first constitution of The North Queensland Fish Board holds an office or occupies a position in the employ of The Fish Board and regularly performs his duties in that part of the State assigned by this Act to such first-mentioned Board shall, upon such constitution, continue to hold such office or, as the case may be, occupy such position in the employ of The North Queensland Fish Board until he vacates or is lawfully removed from such office or position pursuant to this Act and he shall be deemed to have been appointed thereto for the purposes of this Act by The North Queensland Fish Board. (c) A Fish Supply District constituted by or under the repealed Acts subsisting immediately before the date of commencement of this Act shall be deemed to have been constituted under this Act and shah continue in being under the name then assigned to it until it is abolished or altered pursuant to this Act. 26

802 Fish Supply Management Act of 1965, Ivu. 56 (d) A market, branch market or depot established under the repealed Acts and subsisting immediately before the date of commencement of this Act shall be deemed to have been validly established by the Board under this Act- (i) in the case of a market or branch market , as a market; and (ii) in the case of a depot, as a depot. and shall continue in being for the purposes of this Act until it is discontinued pursuant to this Act. (e) A licence or permit issued under the repealed Acts and subsisting immediately before the date of commencement of this Act shall be deemed to have been issued under this Act and shall continue to be of full force and effect until it expires or is revoked in accordance with this Act. '(f) A contract entered into by the Fish Board established under the repealed Acts and subsisting immediately before the date of commencement of this Act shall be deemed to be a contract entered into by The Fish Board and may be performed or enforced according to its terms as if this Act had not been passed. (g) An action by or against the Fish Board established under the repealed Acts or a proceeding arising out of or taken in relation to any matter under the repealed Acts which action or proceeding was commenced prior to the date of commencement of this Act and which is not completed at such date may be carried on and completed by or against The Fish Board as if this Act had not been passed. (h) An investigation or inquiry commenced by or on behalf of the Fish Board established under the repealed Acts before the date of commencement of this Act which is not completed at such date may be carried on and completed as if this Act had not been passed. (i) All moneys which immediately before the date of commencement of this Act are due and payable to the Fish Board established under the repealed Acts or become so due and payable after the date of commencement of this Act shall be paid to, and any amount thereof not duly paid may be recovered by, The Fish Board. (j) All fees prescribed by or under the repealed Acts to be paid to the Fish Board shall be deemed to have been prescribed by or , as the case may be, under this Act and shall be payable as prescribed from time to time. (k) On and from the date of commencement of this Act a registration of the Fish Board established under the repealed Acts in any register required or authorized by law to be kept shall be read and construed as if The Fish Board were duly registered therein in place of such aforesaid Board. (I) Upon the constitution of The North Queensland Fish Board every reference in a regulation made under the repealed Acts and subsisting at the date of such constitution to the Fish Board or the Board shall. until such regulation ceases to be in force, be deemed to include both The Fish Board and The North Queensland Fish Board unless the context of such reference will not permit it. (ti ) A loan made by the Fish Board established under the repealed Acts prior to the date of commencement of" The Fish Supple Management Acts Amendment Act of 1962 and subsisting at the date of commencement of this Act shall be taken to be and to have always been a valid exercise of power by such Board and an agreement for the repayment of such a loan and ever\ security taken by such Board in respect of such a loan

Fish Supply Management Act of 1965. No. 58 803 shall be taken to be and to have always been a valid and binding contract between the parties thereto and to be enforceable according to its terms and in accordance with law. 4. Meaning of terms . In this Act, unless the context otherwise indicates or requires, the following terms have the meanings respectively assigned to them by this section. that is to say:- " Board "-until the date of the first constitution of The North Queensland Fish Board, The Fish Board and, on and from such date, The Fish Board in relation to that part of the State lying south of the twenty-second parallel of south latitude and The North Queensland Fish Board in relation to that part of the State lying north of such parallel; " Chairman "-The chairman of the Board: The term includes a person for the time being performing the duties of chairman; " Depot "-A depot established under this Act for the reception of fish: The term includes the lands, improvements and works appurtenant to or provided or used for or in connection with such depot; " District "-A fish supply district constituted under this Act; " Fish "-All freshwater and saltwater fish: The term includes- (a) marine products other than oysters and turtles; (b) prawns, crawfish, crabs and scallops; (c) filleted, frozen, preserved, salted, cooked or canned fish except such fish brought into Queensland in the course of trade or commerce between the Commonwealth and any other country; and (d) when used in a provision for the purposes of which it is so declared or when used in relation to such a purpose, any other marine product (including oysters and turtles) declared to be fish for the purposes of any provision of this Act by the Governor in Council by Order in Council; " Holder "-In relation to a licence issued under this Act, the person in whose name such licence stands for the time being; " Licence "-A licence of any kind issued under this Act and in force at the relevant time ; " Local Authority "-A Local Authority within the meaning of that term in " The Local Government Acts, 1936 to 1965," and in relation to the City of Brisbane, means the Brisbane City Council constituted by " The City of Brisbane Acts, 1924 to 1960 "; " Market "-A market established under this Act: The term includes the lands, improvements and works appurtenant to or provided or used for or in connection with such market, " Minister "-The Minister for Labour and Industry or other Minister of the Crown for the time being charged with the administration of this Act: The term includes any person for the time being performing the duties of the Minister, " Premises "-Any land, building, wharf, vehicle or vessel ; " Purchase "-In relation to a purchase of fish, includes the acquisition of property in the fish for any consideration and the acceptance or receipt of fish upon delivery on sale thereof;

804 Fish Suppit- Management Act of 1965, No. 58 Sale "-In relation to the sale of fish, includes- (a) a sale of fish by wholesale or by retail; (b) a sale of fish by auction: (c) a barter, exchange or supply for profit of fish or a supply of fish by a licensed victualler, a proprietor of any private hotel. rooming-house or cafe or other purveyor of food as a meal or part of a meal to any person who makes payment in respect thereof; (d) an assignment of or parting with possession of fish for valuable consideration; (e) an offering, exposing, keeping or having in possession of fish for sale; (f) a sending, forwarding or delivering of fish for or on sale; and (g) an authorizing, causing, permitting, suffering or attempting any of the acts or things specified in paragraphs (a) to (f) both inclusive of this definition; " Supply for profit "-Includes a supply by a hotel licensee of rooming-house proprietor as a meal or part of a meal to a lodger in such hotel or house. A derivative of a term to which a meaning is assigned by this section has a corresponding meaning when used in this Act. To allay any doubts in respect thereto it is declared that for the purposes of this Act the Commonwealth includes those territories which for the purposes of the Papua and New Guinea Act1949-1963 of the Commonwealth are together called the Territory of Papua and New Guinea. 5. Fish supply districts . (1) The Governor in Council may by Order in Council, constitute any part of the State to be a fish supply district for the purposes of this Act and may, from time to time in like manner- (a) abolish a district; (h) alter the boundaries of a district; (c) join two or more districts to form one district; (d) exclude any part of a district from that district and include it within another district or distribute it amongst other districts. (2) The Governor in Council may, by the Order in Council whereby he constitutes a district, assign to such district a name by which it will be known and may from time to time, by Order in Council, alter a name assigned to a district. 6. Application of Act. Save where it is otherwise expressly provided. this Act shall apply in every district and in no other part of the State. 7. Administration of Act. This Act shall be administered by the Minister and, subject to him- (a) until the date of the first constitution of The North Queensland Fish Board, by The Fish Board and its officers; (b) on and after such date, by The Fish Board and its officers in that part of the State lying south of the twenty-second parallel of south latitude and by The North Queensland Fish Board and its officers in that part of the State lying north of such parallel.

Fish Supply Management Act of 1965, No. 58 805 PART 11-THE FISH BOARD AND THE NORTH QUEENSLAND FISH BOARD Division I-The Fish Board 8. Constitution of The Fish Board . (1) The Fish Board established under " The Fish Supply Management Acts, 1935 to 1962," is hereby preserved, continued in existence and constituted for the purposes of this Act under the name " The Fish Board." (2) The Fish Board shall, by that name, be a body corporate with perpetual succession and a common seal which shall be judicially noticed and, subject to this Act, shall be capable in law of suing and being sued, of compounding or proving in any court of competent jurisdiction all debts or sums of money due to it and of acquiring, holding and alienating property and of doing and suffering all such acts and things as bodies corporate may in law do and suffer. 9. Function of Board . The Fish Board shall, subject to this Act, have the management and control of the supply and marketing of fish- (a) until the first constitution of The North Queensland Fish Board, throughout the State; and (b) on and after the date of such constitution, throughout that part of the State lying south of the twenty-second parallel of south latitude. 10. Composition of The Fish Board . The Fish Board shall consist of a chairman and four other members who shall be comprised of- (a) a representative of the prescribed fishermen; (b) a representative of the prescribed prawn operators; (c) two representatives of consumers of fish. Division II-The North Queensland Fish Board 11. Constitution of The North Queensland Fish Board . (1) There shall be constituted for the purposes of this Act a board to be called by the name " The North Queensland Fish Board ". (2) The North Queensland Fish Board shall, by that name, be a body corporate with perpetual succession and a common seal which shall be judicially noticed and, subject to this Act, shall be capable in law of suing and being sued, of compounding or proving in any court of competent jurisdiction all debts or sums of money due to it and of acquiring, holding and alienating property and of doing and suffering all such acts and things as bodies corporate may in law do and suffer. 12. Function of Board . The North Queensland Fish Board. shall, subject to this Act, have the management and control of the supply and marketing of fish throughout that part of the State lying north of the twenty-second parallel of south latitude. 13. Composition of The North Queensland Fish Board . The North Queensland Fish Board shall consist of a chairman and three other members who shall be comprised of- (a) a representative of the prescribed fishermen and prescribed prawn operators; (b) a representative of consumers of fish: (c) the secretary for the time being to such Board (who shall be ex officio a member thereof).

806 Fish Supply Management Act of 1965, No. 58 Division III-Appointments to the Boards 14. Appointment of Board members . (1) A member of a Board (including the chairman) shall be appointed by the Governor in Council by notification published in the Gazette. (2) The Governor in Council shall, by notification published in the Gazette, appoint the first members of The North Queensland Fish Board notwithstanding that the representative members of such Board have not been or cannot be selected as prescribed. The first secretary to The North Queensland Fish Board shall be the person designated as such in his appointment as member of such Board. Upon publication of a notification whereby the members of The North Queensland Fish Board are first appointed under this Act such Board shall be duly constituted under this Act. (3) The members of The North Queensland Fish Board may be appointed at any time after the passing of this Act. 15. Qualification of certain Board members . A representative member of a Board shall- (1) be a person usually resident within that part of the State assigned for the purposes of this Act to the Board of which he is or is to be a member; (2)- (a) in the case of a representative of prescribed fishermen,- (i) substantially derive his livelihood from fishing; and (ii) be a regular supplier of fish to the Board of which he is or is to be a member; or (b) in the case of a representative of prescribed prawn operators,- (i) substantially derive his livelihood from prawning; and (ii) be a regular supplier of prawns to the Board of which he is or is to be a member; or (c) in the case of a representative of prescribed fishermen and prescribed prawn operators,- (i) substantially derive his livelihood from fishing or prawning or both; and (ii) be a regular supplier of fish or prawns or both to the Board of which he is or is to be a member; and (3) save where this Act otherwise prescribes. be selected as may be prescribed ; and (4) possess such other qualifications as may be prescribed. A person shall not be eligible to be a member of a Board if he has been convicted of an offence against any provision of this Act or of " The Fish Supply Management Acts. 1935 to 1962." 16. Term of appointment . A member of a Board, other than a member ex officio. shall be appointed for a term of three years but if, by the expiration of that term. his successor has not been duly appointed, he shall, subject to this Act. hold office until his successor is duly appointed. A member of a Board shall, if otherwise qualified, be eligible for re-election or, as the case ma' be, re-appointment as a member of such Board.

Fish Supply Management Act of 1965, No. 58 807 17. (1) Removal of Board members . The Governor in Council may . at any time, remove a member of a Board from his membership by notification published in the Gazette. (2) Vacation of office by Board member . A member of a Board shall be taken to have vacated his office as such member if- (a) he dies; (b) he declines to act or to act further as such member; (c) he resigns his office as such member in writing delivered to the Minister; (d) he is an undischarged bankrupt or enters into a composition. assignment or scheme of arrangement with or for the benefit of his creditors; (e) he is absent without leave of the Board first had and obtained from three consecutive meetings of the Board of which meetings a notice has been duly given to him, (f) he ceases to be qualified to be a member of the Board; or (g) he is removed from office as such member by the Governor in Council. 18. Casual appointment to Board . (1) Upon the occurrence of a casual vacancy in the membership of a Board the Governor in Council shall- (a) in the case of such a vacancy on The North Queensland Fish Board occurring within twelve months of such Board's first constitution, appoint a person to fill such vacancy; (b) in any other case, by notification published in the Gazette, appoint a date on or before which a person is to be appointed to fill such casual vacancy. The appointment of a person under paragraph (b) of this subsection shall be made as prescribed on or before the date so appointed. (2) A person appointed to fill a casual vacancy in the membership of a Board shall be appointed for the balance of the term for which his predecessor was appointed and shall, if otherwise qualified, be eligible for re-election or re-appointment. 19. Failure to select as prescribed . If any persons, body or association thereunto authorized by this Act fail to select as prescribed a person or, as the case may require, a sufficient number of persons to be a member or members of a Board- (a) in the case of a constitution of the Board, at least fourteen days prior to the expiration of the period for which the current members of such Board were appointed; or (b) in the case of a filling of a casual vacancy in the membership of the Board, at least fourteen days prior to the date appointed for the appointment of a person to fill such vacancy, the Minister may make such selection and the person or persons selected by him shall thereupon and thereby be deemed the representative or representatives selected as prescribed of the persons. body or association in question.

808 Fish Supply Management Act of 1965, No. 58 20. Appointment of substitute member . (1) If the chairman of a Board is likely to be absent from meetings of the Board for a period not exceeding two months the Governor in Council may, by notification published in the Gazette- (a) appoint a member of the Board who represents the consumers or, in the case of The North Queensland Fish Board, the secretary to such Board; or (b) appoint a person, not being a member of the Board, to act as chairman during his absence. (2) If a member of a Board is likely to be absent from meetings of the Board for a period exceeding two months the Governor in Council may, by notification published in the Gazette, appoint a person, not being a member of the Board, to act during the absence of such member as a member of the Board. In the case of such an absence of the chairman such an appointment may be to act as a member only in which event an acting chairman may be appointed as prescribed by subsection (1) of this section. (3) When a member of a Board who represents the consumers is appointed to act as chairman the Governor in Council may, by notification published in the Gazette, appoint a person, not being a member of the Board, to act in the stead of such member as consumers' representative while such member acts as chairman save where such member has been appointed to act as chairman in the circumstances referred to in the second paragraph of subsection (2) of this section. (4) A person appointed under subsection (2) or (3) of this section to act in the stead of a representative member of a Board need not be selected as prescribed. (5) For so long as he acts in such appointment a person appointed under this section to act as a member of a Board shall be deemed to be a member of the Board concerned and a person appointed under this section to act as chairman shall be deemed to be chairman with all the powers, duties, functions and immunities of the holder of that office. PART 111-JURISDICTIONS OF AND ADJUSTMENTS BETWEEN THE FISH BOARD AND THE NORTH QUEENSLAND FISH BOARD 21. Jurisdictions exclusive . Save where this Act otherwise prescribes, on and after the date of the first constitution of The North Queensland Fish Board, neither of the Boards constituted under or for the purposes of this Act shall or shall attempt to- (a) administer this Act; (b) carry on business pursuant to this Act, (C) manage or control the supply or marketing of fish; (d) sell or supply fish; or (e) sell, deliver for or on sale or supply any article or render any service in respect of which it is authorized by this Act to carry on business, within that part of the State which is not. by this Act, assigned to the Board in question for the purposes of this Act except with the approval of the Board to which such part is so assigned nor shall any provision

Fish Supply Management Act of 1965, No. 58 809 of this Act or any term of a contract entered into by either of the said Boards be construed to require, authorize or oblige the Board in question to do or attempt to do any such act or thing in such part of the State. 22. Balance sheet for purposes of this Part. A balance sheet of the affairs of The Fish Board shall be compiled as at the date immediatel\ preceding the date of the first constitution of The North Queensland Fish Board. Such balance sheet shall be submitted to the Auditor-General and. if correct, shall be certified as such by him. 23. (1) Transfer of fixed assets . Notwithstanding the provisions of any other Act or rule of law. on and from the date of the first constitution of The North Queensland Fish Board- (a) all the estate and interest of The Fish Board in fixed assets situated in that part of the State assigned to The North Queensland Fish Board for the purposes of this Act which. immediately before such date, are used in or in connection with or are held for the purposes of the business of the supply or marketing of fish shall divest from The Fish Board and vest in The North Queensland Fish Board; (b) a person charged with keeping any register required or authorized by law to be kept in which is recorded a registration of The Fish Board in respect of any of such fixed assets shall, upon being satisfied by that Board that the fixed asset in question has vested in The North Queensland Fish Board pursuant to the provisions of paragraph (a) of this subsection, without requiring payment of any fee, amend such registration by inserting therein reference to The North Queensland Fish Board in place of reference to The Fish Board and any other notation he considers proper to explain such amendment. (2) Transfer of certain liabilities . (a) On and from the date of the first constitution of The North Queensland Fish Board that Board shall be liable, to the extent of the value of the fixed assets vested in it pursuant to the provisions of paragraph (a) of subsection (1) of this section, to pay to the Treasurer of Queensland every amount of principal and interest falling due for payment on or after such date in respect of the repayment of loans made by the Treasurer to The Fish Board prior to such date and The Fish Board shall, on and from such date, to the extent of such value, be discharged from further liability in respect of the payment of such amounts of principal and interest. The Treasurer may apportion the liability imposed upon The North Queensland Fish Board by this paragraph among the several such loans as he considers just, whereupon such Board shall be liable as so apportioned. (b) The terms of any deed, contract or writing under which any amount referred to in paragraph (a) of this subsection becomes payable shall, to the extent of the liability therefor imposed, by the said paragraph. upon The North Queensland Fish Board, be read and construed in respect of such liability as if The North Queensland Fish Board were a party to such deed, contract or, as the case may be, writing in place of The Fish Board and, to the extent of such liability, the Treasurer of Queensland may exercise against The North Queensland Fish Board, its assets and

810 Fish Supply Management Act of 1965, No. 58 business, all such rights and powers to secure or enforce payment of every such amount as he might have exercised against The Fish Board, its assets and business, had that Board remained solely liable to pay the same. 24. (1) Entitlement of The North Queensland Fish Board to accumulated profits . From the amounts shown in the balance sheet compiled pursuant to the provisions of section twenty-two of this Act as credited to- (a) provision for Amenities, Bad Debts, Colmslie Project, Contingencies, Long Service Leave, Machinery Replacement and Research and Development; and (b) the Reserve Fund, there shall be appropriated and applied to the use of The North Queensland Fish Board for the purposes of this Act an amount which bears to the total of such amounts the proportion which the value of fish recorded in the records of The Fish Board as having been received by it for sale during the financial year ending on the last day of June last preceding the date of the first constitution of The North Queensland Fish Board at places throughout that part of the State assigned to The North Queensland Fish Board for the purposes of this Act bears to the total value of fish so recorded as having been received by The Fish Board for sale during such financial year at places throughout the whole of the State. (2) Transfer of certain current assets and assumption of certain liability. On and from the date of the first constitution of The North Queensland Fish Board- (a) all the interest of The Fish Board in those assets shown in the balance sheet compiled pursuant to the provisions of section twenty-two of this Act as Stock on Hand situated in or Sundry Debtors existing in respect of that part of the State assigned to The North Queensland Fish Board for the purposes of this Act shall divest from The Fish Board and vest in The North Queensland Fish Board ; (b) that Board shall be liable for the amount of Sundry Creditors shown in such balance sheet as existing in respect of that part of the State assigned to that Board for the purposes of this Act in place of The Fish Board theretofor liable. The vesting in The North Queensland Fish Board of the assets referred to in provision (a) of this subsection shall be taken to be in or towards satisfaction of the entitlement conferred on that Board by subsection (1) of this section. (3) Financial adjustment between Boards . Should the value of assets taken over by The North Queensland Fish Board pursuant to the provisions of paragraph (a) of subsection (2) of this section less the value of liabilities assumed by that Board pursuant to the provisions of paragraph (b) of such subsection exceed or be less than the value of the entitlement conferred on that Board by subsection (1) of this section The North Queensland Fish Board and The Fish Board shall adjust between themselves, by monetary payment or otherwise as agreed by them, the amount of such excess or. as the case may be, deficiency. ( 4) Expenses of constituting The North Queensland Fish Board. Any expense incurred prior to the date of the first constitution of The North Queensland Fish Board in or in connection with the constitution of that Board shall be paid from the amount appropriated for the use of that Board pursuant to the provisions of subsection (1 1 of this section.

Fish Supply Management Act of 1965, No. 58 811 25. Interpretative pro'visiious . For the purposes of this Part- (a) the value of each asset and liability of a Board shall be taken to be the value thereof as shown in the books and accounts of The Fish Board as at the date of the balance sheet compiled pursuant to the provisions of section twenty-two of this Act: (b) the expression " fixed assets " means all assets shown as Fixed Assets in the balance sheet compiled pursuant to the provisions of section twenty-two of this Act. PART IV-BUSINESS OF A BOARD Division I-General Powers of a Board 26. Power to carry on business . (1) Within a district within that part of the State assigned to it for the purposes of this Act a Board may. subject to this Act,- (a) undertake and carry on the business of the getting, preparation, purchase. sale, supply and distribution of fish and all products and by-products of fish; (b) undertake and carry on the business of the manufacture and sale of ice and of the storage of fish and other foodstuffs, products and by-products ; (c) establish, maintain, conduct, regulate, control and discontinue markets, depots, shops, stalls, barrows, factories, preserving or refrigerating works, canneries and other works for the purpose of exercising any power conferred on the Board by this Act; (d) conduct the sale of all fish sold at a market, depot or shop conducted by the Board; (e) enter into a contract with any person for the purchase by the Board of fish (including fish delivered to a market or depot of the Board by the other party to such contract). (2) Subject to the provisions of section twenty-one of this Act, a Board may sell, supply and distribute fish or any product or by-product of fish outside the State or outside any district and for that purpose may take all such steps and do all such things outside the State or, as the case may be, outside any district as the Board considers necessary or convenient and, in particular, may establish such places of business and offices and employ such officers, employees and agents outside the State or, as the case may be, outside any district as the Board considers necessary or convenient. (3) A Board shall not establish or discontinue a market or depot without the approval of the Governor in Council first had and obtained. (4) The Fish Board may provide for The North Queensland Fish Board such accounting, clerical, inspectorial, engineering and other services as the Boards agree upon and for this purpose- (a) the Boards may enter into and perform agreements with respect to the costs to be paid in respect of the provisions of such services; (b) officers of and persons employed by The Fish Board may perform their duties within that part of the State assigned to The North Queensland Fish Board for the purposes of this Act.

812 Fish Suppl v Management Act of 1965, No. 58 27. Further powers of Board . A Board may- (a) arrange for the purchase and disposal of inedible fish, offal or other matter associated with fish and apply thereto any process with a view to converting it into a merchantable article and sell the same ; (b) acquire and sell or supply to fishermen and other persons engaged in or in connection with the fishing industry (either on their own account or as employees or agents of the Board) and otherwise trade in (either for cash or on terms but if on terms then upon proper security) nets, lines, and other gear used in or in connection with fishing and plant, machinery, equipment, fuel and other things used in or in connection with boats, vehicles, depots or otherwise for fishing, the storage of fish pending sale or marketing or the transport of fish for the purpose of sale or marketing; (c) contract with any person for the sale or marketing of fish by the Board as agent for the other contracting party and, for the purpose of performing such a contract, exercise and perform such of its powers, authorities and functions conferred or imposed by this Act as it may lawfully exercise as such agent and as it considers necessary or convenient; (d) appoint any person to be agent of the Board in any district or part of a district on such terms as it considers proper; (e) receive oysters at a market or depot of the Board and purchase, store, sell, supply or distribute the same and conduct the sale of any oysters sold by it, (f) receive fish at a market or depot within that part of the State assigned to it by this Act for consignment to the Board to which is assigned, bi this Act, the other part of the State for the sale or marketing of such fish by such lastmentioned Board and so consign such fish. 28. (1) Notification of markets , &c. A Board shall cause notification of the establishment or discontinuance of a market or depot to be published in the Gazette. A copy of the Gazette containing such a notification or a copy (purporting to be printed by the Government Printer) of such a notification bearing a reference to the date of its publication in the Gazette shall, upon its production in any proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence that- (a) the market or depot in question specified therein was duly established or, as the case may be, discontinued upon the date of publication of such notification; and (b) at the time in question in such proceeding such market or depot has not been discontinued or, as the case may be, re-established. (2) Defective establishment of market, & c., not prejudicial. The fact that any market or depot has been established otherwise than in accordance with this Act shall not invalidate or prejudice in any way a term of a contract entered into, act done or proceeding taken by a Board which contract, act or proceeding the Board could otherwise lawfully enter into, do or take.

Fish Supply Wanagement Act of 1965.: NO. 58 813 29. (I) Board may levy charges . A Board may demand and receive in respect of- (a) the use of any property of the Board; (b) any service performed by the Board; (c) any matter connected with the business of the Board in relation to the supply and marketing of fish; (d) any matter connected with the sale by the Board of ice or other product, such rents, commissions, tolls, dues, rates, fees and charges as are prescribed or, in so far as they are not prescribed, as are reasonable. (2) Summary remedy upon default in payment of charges. In addition to any other remedy which a Board has in that behalf, upon default in the payment of any rent, commission, toll, dues, rates, fee or charges demanded by a Board such Board may (without further authority than this subsection) seize any fish or other property of the debtor which is in or upon any premises of the Board and may sell the whole thereof or such part as appears to the Board sufficient to realize the amount of the default in question whereupon, after paying to itself the amount of such default and the expenses incurred in such seizure and sale, such Board shall, upon demand, pay the balance of any money held by it as a result of such sale and deliver such fish or other property of the debtor as is held by it consequent upon such seizure to the person lawfully entitled thereto or as he directs in writing. 30. Guarantee of loans . Subject to the approval of the Minister, a Board may guarantee the payment of interest on and the repayment of principal of a loan made by any person to- (a) a fisherman or other person engaged in or in connection with the fishing industry; or (b) an agent or employee of a fisherman or such other person, for any purpose of or connected with the engagement of such fisherman, other person, agent or employee in or in connection with the fishing industry. 31. (1) Power to inquire . A Board may make inquiry in respect of the getting , supply or marketing of fish in any part of the State (whether assigned to it for the purposes of this Act or not) and for that purpose shall have and may exercise all the powers. authorities, protection and jurisdiction of a commission under " The Commissions of Inquiry Acts, 1950 to 1954," except such as are confined to a chairman of such a commission who is a Judge of the Supreme Court. The power by this section conferred on a Board shall be construed and exercised subject to the provisions of section 4A of " The Commissions of Inquiry Acts, 1950 to 1954." (2) Power to resume . A Board may take land for the purposes of this Act and, to that end, shall be a Constructing Authority within the meaning of " The Public Works Land Resumption Acts, 1906 to 1955." 32. Effect of constitution of district on powers of Local Authority. Notwithstanding the provisions of any other Act, upon the constitution of a district a Local Authority whose Area or part of whose Area is included in such district shall not exercise or perform within such district any power, authority, duty or function in respect of the establishment, maintenance , regulation or conduct of a market for the sale or supply of fish. 33. Appointment of employees . (1) A Board shall appoint and at all times have a secretary.

814 Fish Suppl y, Management Act of 1965, No. 58 The secretary to a Board (including the first secretary to The North Queensland Fish Board designated under section fourteen of this Act) shall be a natural person and, subject to the approval of the Governor in Council upon the recommendation of the Public Service Commissioner, may be appointed from the members of the Public Service of Queensland within the meaning of " The Public Service Acts, 1922 to 1965," in which event he may hold such appointment in addition to the position he holds in such service. (2) A Board shall appoint a secretary when and so often as a vacancy occurs in that office and may appoint and employ such administrative and technical officers, auctioneers, inspectors, clerks and other employees as the Board considers necessary to administer this Act, or to carry this Act into effect or to carry on any business pursuant to this Act. Subject to any agreement referred to in subsection (3) of this section a Board may terminate any such appointment including, in the case of The North Queensland Fish Board, the appointment of the first secretary to that Board made under section fourteen of this Act. (3) The Boards may enter into, perform and discharge any agreement relating to the payment of salary, wages, expenses or other moneys to be paid to or in respect of any person who discharges or is to discharge duties on behalf of both Boards for the purposes of this Act. 34. (1) Superannuation schemes . A Board may, from time to time, (and, in the case of The Fish Board, shall be deemed always to have had power to) establish, contribute to or join in establishing or contributing to such superannuation or provident schemes for the benefit of its employees or their dependants or both, as it thinks fit and may vary or join in varying any such scheme whether established before or after the date of commencement of this Act. (2) Employees' rights preserved . A contributor to a superannuation or provident scheme established by The Fish Board before the date of commencement of this Act who, by reason of this Act, becomes an employee of The North Queensland Fish Board may, for so long as he remains such an employee, continue as a contributor to such scheme or to any other similar scheme established in place of such scheme and, if he so continues. he and his dependants shall retain all benefits from such scheme to which he or, as the case may be, they would be or become entitled had he continued to be such a contributor as an employee of The Fish Board and that Board shall continue to be liable thereunder accordingly: Provided that should The North Queensland Fish Board at any time establish a superannuation or provident scheme separate from a scheme of a similar type established by The Fish Board a person who has so continued as a contributor shall elect to which scheme he shall thereafter contribute so that in no case shall he be a contributor to both such schemes nor shall he or his dependants be or become entitled to benefits from both such schemes. 35. Temporary services for and restriction upon North Queensland Fish Board . Until a date to be fixed by the Governor in Council by Order in Council- (a) The Fish Board shall provide for the benefit of The North Queensland Fish Board such clerical, accounting, inspectorial. technical. research and other services and upon such terms and conditions as the Governor in Council from time to time directs;

Fish Supple Management Acr of 1965. %,o. 58 815 (b? The North Queensland Fish Board shall not incur or render itself liable to incur an y expenditure for the purposes of this Act without the approval of its chairman first had and obtained Provided that where its chairman has fixed an amount of expenditure which such Board may incur (he being hereby empowered so to do from time to time ) such Board may from time to time incur or render itself liable to incur expenditure up to such amount subject to its obtaining the subsequent approval of its chairman. Division 11-Borrowing Powers of a Board 36. Power to borrow . (1) Subject to this Act, a Board may, from time to time, borrow money- (a) from the Treasurer; (b) by the sale of debentures; or (c) partly in one and partly in the other of the ways specified in provisions (a) and (b) of this subsection. (2) Before entering into negotiations to borrow money by the sale of debentures a Board shall obtain the sanction of the Treasurer authorizing it to enter upon such negotiations and, for this purpose. shall furnish the Treasurer with such information as he requires. (3) A Board shall not borrow money pursuant to negotiations sanctioned by the Treasurer unless the authority of the Governor in Council thereto is first obtained. Such authority, if given, shall be given by way of Order in Council. The Order in Council shall declare the amount that may be borrowed. the purposes for which the loan is to be borrowed, the currency of the loan, the amount of interest payable thereon, the terms and conditions for the redemption of the loan, whether by yearly, half-yearly or quarterly payments or'by payments into a sinking fund and such other conditions as the Governor in Council thinks proper to impose. 37. Resolution before borrowing . Before proceeding to borrow money a Board shall, at a special meeting called for the purpose, pass a resolution to borrow that money. 38. Application of loan moneys . All moneys borrowed by a Board shall be expended for the purpose for which the Board was authorized to borrow the same and not otherwise. If any amount of a loan remains unexpended upon the completion of the purpose for which such loan was borrowed such amount shall be applied as the Treasurer directs. 39. Repayment of Treasury loans . (1) Every loan advanced by the Treasurer under the provisions of this Act shall be liquidated by the payment to the Treasurer by the Board concerned on the first days of January and July respectively in every year of such instalments of principal and interest at the prescribed rate as will permit the said loan to be wholly redeemed within the prescribed period of the said loan, and such sums shall continue to be payable until all the moneys advanced from time to time by the Treasurer, together with the interest accrued thereon, have been so paid.

816 Fish Supply Management Act of 1965, No. 58 The Treasurer may at any time make any adjustment which he considers necessary to be made with respect to the period of any loan or the calculation of interest thereon or with respect to any other matter requiring adjustment. (2) In the months of February and August respectively, in every year, the Treasurer shall cause to be published in the Gazette a statement showing, with respect to a Board to which a loan has been advanced by the Treasurer under this Act, the amount of money which is then overdue and in arrear and also the total of the principal sum then remaining unpaid. If thereafter on the thirtieth day of April, or the thirty-first day of October respectively, any part of such money so overdue and in arrear remains unpaid or if the Treasurer pays any money under a guarantee given by him in relation to moneys borrowed by a Board under the authority of this Act, the Treasurer may, by notification published in the Gazette, appoint a receiver to collect on his behalf and to pay to the Treasury all or any moneys from time to time due and owing to the Board concerned to the amount stated in such notification. The Treasurer may from time to time make all such orders and give all such directions with respect to the powers and duties of such receiver and the management by him of the affairs of the Board concerned as the I reasurer thinks proper, and judicial notice shall be taken of such orders and directions. Upon his appointment such receiver shall from the date stated in such notification be the only person legally entitled to receive the revenues of the Board concerned, and shall be deemed to that extent and for that purpose to be a " public accountant " within the meaning of " The Audit Acts, 1874 to 1965." (3) A receiver may be appointed under this section either in respect of the income of a Board generally or in respect of specified income. 40. Debentures . (1) All debentures issued under the authority of this Act- (a) shall, subject to this Act, be issued in such series at such times and places in or outside the State, and in such manner as the Board concerned thinks fit; (h) shall, with interest thereon, be a charge upon the revenues of the Board concerned subject to any prior debentures issued according to law ; (c) shall bear interest at the rate and be redeemable at such date or dates and at such place or places in or outside the State as prescribed in the Order in Council referred to in subsection (3i of section thirty-six of this Act; (d) may, with the consent of the holder thereof, be paid off at any time previous to the due date thereof at not more than the amount of the principal remaining unpaid at the time in respect thereof or. with the consent of the Governor in Council, at a premium, with interest thereon to the date of payment only. ()) Interest secured by any such debentures shall be payable at such times and at such place or places in or outside the State as prescribed in the Order in Council referred to in subsection (31 of section thirty-six of this Act.

Fish Supply Management Act of 1965, No. 58 817 (3) (a) Every debenture issued under the authority of this Act- (i) shall be sealed with the seal of the Board concerned and signed by the chairman and by the secretary to the Board and, when so sealed and signed, shall be taken to have been duly issued. (ii) shall be numbered consecutively so that no two debentures in one and the same series shall at any time bear the same number; (iii) shall have set forth therein the places and times at which the principal and interest are payable. (b) A debenture issued under the authority of this Act may, at the option of the lender, have annexed thereto for every payment to grow due thereon (whether of principal or interest or principal and interest; a coupon and such debenture and coupon shall, unless the Governor in Council has otherwise prescribed in the Order in Council whereby the loan concerned was authorized, be transferable by delivery and payment to any person in possession of such debenture or coupon of the sum named therein shall discharge the Board concerned from all liability in respect of that debenture or coupon. When a debenture or coupon is not transferable by delivery that fact shall be expressly stated on the face thereof. (c) In the case of a debenture issued under the authority of this Act with coupons the holder of such a coupon, whether the same be separated from such debenture or not, shall be entitled to receive payment from the Board concerned of the sum named therein upon presentation on or after the due date for payment thereof at the place where the same is expressed to be made payable. (d) In the case of a debenture issued under the authority of this Act without coupons, the lender or, in the event of a transfer of such debenture. the transferee for the time being, shall, subject to this paragraph, be entitled to receive payments from the Board concerned in respect of principal or interest or both in accordance with the terms and conditions of such debenture. A transferee with respect to whom the Board concerned has not been given notice as prescribed shall not be entitled to receive, and the Board concerned shall not be liable to make to such a transferee, any payment in respect of any debenture issued without coupons except under attachment by process of law and then only to the extent of moneys due and payable to such transferee under the debenture and unpaid by the Board concerned to the lender or a prior transferee. The entitlement of a transferee with respect to whom a Board has been given notice as prescribed to receive any payment in respect of a debenture issued without coupons shall be subject to any payment which. having become due arid payable under such debenture before the Board was given such notice, was made by it to the lender or a prior transferee. In this paragraph the expression " notice as prescribed " means a notice in writing signed by the transferor and transferee and verified to the satisfaction of the Board concerned. (e) A lender of money to a Board may agree to accept a standard form of debenture but shall not be bound so to do. 41. (1) Loan to be authorized investment. Unless expressly forbidden by the instrument (if any) creating the trust, an investment by a trustee of trust funds in a loan raised under the authority of this Act shall be and be deemed to be an authorized investment by the trustee

818 Fish Suppl y Management Act of 1965, No. 58 pursuant to the provisions of section four of " The Trustees and Executors Act of 1897 " (as amended by subsequent Acts) and such Act shall be read and construed accordingly. (2) Notice of trusts not to be received . A Board or an officer, servant or agent of a Board shall not receive and shall be deemed to have not received notice of any trust express, implied or constructive in relation to any debentures issued under the authority of this Act and a Board or any such officer, servant or agent shall not be bound to see to the execution of any trust to which any such debentures may be subject. (3) Lender not bound to inquire as to validity of security . A person advancing money to a Board and receiving in consideration therefor any debentures duly issued shall not be bound to inquire whether the issue of such debentures was in fact duly authorized or into the application of the money so advanced or be in any way responsible for the non-application or misapplication thereof. 42. Brokerage . A Board may pay moneys by way of brokerage in relation to the making, procuring, negotiating , or obtaining the loan of any money which the Governor in Council has authorized the Board to borrow : Provided that no moneys shall be paid by a Board by way of brokerage in relation to the loan of any moneys borrowed by it unless the Treasurer has approved of the payment of brokerage, which approval may be given by the Treasurer subject to such terms and conditions as he thinks fit. Section fourteen of " The Money Lenders Acts, 1916 to 1962," shall not apply or extend to brokerage which a Board is authorized, by this section, to pay and which brokerage has been approved by the Treasurer and is agreed to be paid by the Board subject to the terms and conditions, if any, imposed by the Treasurer. 43. Remedies of debenture holders . If a Board makes default in making a payment whether of principal or interest to the holder of any debenture or coupon issued by the Board under the authority of this Act such holder may make application to and procure all necessary orders and directions from the Supreme Court for the appointment of a receiver and such court shall have power to make all such orders for the appointment of such a receiver and for his removal and the appointment of another in his place as may be necessary and to make any orders and give any directions which such court thinks proper. A receiver appointed pursuant to this section shall be deemed to be to officer of such court and shall act under its direction. 44. (1) Remuneration of receiver . A receiver appointed by the Treasurer pursuant to section thirty-nine of this Act shall be entitled to such commission or remuneration for his services as the Treasurer orders. A receiver appointed by the Supreme Court pursuant to the last preceding section shall be entitled to such commission or remuneration as the court orders. The commission or remuneration of a receiver shall be payable out of the revenue of the Board in relation to which he was appointed. (2) Powers and duties of receiver . A receiver, whether appointed by the Treasurer or the Supreme Court, may collect all the revenue payable to the Board in relation to which he was appointed or, in the case of his

Fish Supply Management Act of 1965. No. 58 819 appointment in respect of specified income , all of that income, and, for the purposes of this section, a receiver shall be deemed to be such Board and may exercise all the powers of such Board. A receiver shall pay and apply all moneys received by him in the course of his receivership as follows:- (a) Firstly, in payment of the costs, charges and expenses of collection and of his commission or remuneration; (b) Secondly, if he was appointed by the Treasurer, in payment of the amount due and payable to the Treasurer including any money paid by the Treasurer under a guarantee given by the Treasurer in relation to moneys borrowed by the Board under the authority of this Act together with interest on such amount at such rate as is specified by the Treasurer and, if he was appointed by the Supreme Court upon the application of a holder of any debenture or coupon in payment, subject to any order of the court, to such holder or to and amongst the holders of debentures or coupons of the same series as such holder or to the holders of debentures or coupons generally in such order of priority as the court thinks fit the amount due and payable to such holder or, as the case may be, holders; (c) Thirdly, in payment of the residue of such moneys to the Board. 45. Moneys recoverable as debt . If a Board makes default in making a payment referred to in section forty-three of this Act, the person to whom such payment should have been made may recover the amount in respect of which such default has been made as a debt by action against the Board in any court of competent jurisdiction. _ 46. R eguliatiom relating to loam , The power conferred on the Governor in Council by section seventy-seven of this Act to make regulations includes the power to make such regulations relating to the raising and repayment of loans under the authority of this Act and, without limiting the generality of the foregoing power- (a) prescribing the form of and the manner of the issuing of debentures, providing for the keeping and inspection of and the taking of copies of or extracts from the register of debentures and providing for lost or defaced debentures or coupons and the destruction of discharged debentures or coupons; (b) prescribing matters relating to the raising of loans outside the State; (c) providing for sinking funds and other methods for the repayment of moneys borrowed, providing for and appointing trustees of a debt redemption fund with respect thereto and prescribing the powers. functions and duties of such trustees and regulating and controlling all or any matters with respect to such debt redemption fund, trustees, sinking funds or other methods aforesaid. 47. Illegal borrowing . (1) A person who lends money to a Board otherwise than in accordance with this Act or some other Act shall have no remedy or right whatsoever to recover money from the Board in respect of that loan.

820 Fish Supply Management Act of 1965, No. 58 (2) If a Board borrows any money which it is not lawfully authorized under this Act or some other Act to borrow, all the members of the Board who have consented to the borrowing of such money shall be jointly and severally liable to repay the same and to pay all interest thereon to the person from whom the same was borrowed, and the same may be recovered from such members or any of them as money lent by such person to such members or, as the case may be, member by action in any court of competent jurisdiction. (3) If any moneys are appropriated from any fund for the purpose of repaying any money so borrowed or paying interest thereon, the members of the Board who have consented to the misappropriation of such moneys for that purpose shall be jointly and severally liable to refund the same with interest at the rate of eight pounds per centum per annum, and the same may be recovered from such members or any of them by action in any court of competent jurisdiction at the suit of the Treasurer who, on recovery of the same, shall pay the amount recovered into the fund concerned, but shall be entitled to full costs of suit, including costs as between solicitor and client. (4) The provisions of this section shall be construed so as not to prejudice the operation of the provisions of subsection (3) of section forty-one of this Act. 48. Advance by way of overdraft . A Board may obtain temporary financial accommodation by way of advance from any bank by way of overdraft. Where a Board which seeks such an advance keeps a general fund such overdraft shall be on such fund. A Board shall not, during any financial year, suffer the amount of its overdraft to exceed the amount for the time being prescribed in respect of the Board in question. 49. Board to be local body . A Board shall be a local body under and within the meaning of " The Local Bodies' Loans Guarantee Acts, 1923 to 1957," the provisions whereof shall, subject to such modifications as the Governor in Council prescribes (whether generally or in respect of a particular loan or advance) apply and extend accordingly. Division III-Funds and Accounts of a Board 50. The Fish Supply Fund. (1) Until a date to be fixed by the Governor in Council by Order in Council the fund established at the Treasury under " The Fish Supply Management Acts, 1935 to 1962," and called "The Fish Supply Fund " shall by that name be continued in being and kept at the Treasury. (2) There shall be paid into such fund all moneys received by a Board under this Act whether by way of loan or otherwise. (3) Subject to this Act, there shall be paid from such fund the costs, charges and expenses properly incurred by a Board for the purpose of-- (a) administering this Act, (b) carrying this Act into effect, (c) carrying on any business of the Board pursuant to this Act;

Fish Supply Management Act of 1965. No. 58 821 (d) performing any contract entered into by the Board pursuant to this Act; (e) carrying out any works or purpose for which the Board was authorized to raise a loan; and (f) fulfilling any other prescribed purpose. (4) The Fish Supply Fund shall be so kept that moneys paid into it by or on behalf of a Board or held therein for the use of a Board shall be applied only for the use of the Board by or on behalf of which they were so paid or for the use of which they are so held. 51. Funds of Boards . (1) Upon the discontinuance of The Fish Supply Fund a Board shall keep separate and distinct the following funds:- (a) A loan fund; (b) A general fund; (c) Such other funds as are prescribed. (2) There shall be paid into the loan fund of a Board all moneys paid to the Board by way of loan or subsidy for the purposes of this Act. A Board shall apply the moneys from time to time standing to the credit of its loan fund to expenditure necessarily incurred by it in carrying out the works or purpose for which the loans were respectively authorized or, as the case may be, the subsidies were respectively paid. (3) There shall be paid- into the general fund of a Board all moneys paid to the Board other than moneys prescribed to be paid into the loan fund or any other prescribed fund of the Board. A Board shall apply the moneys from time to time standing to the credit of its general fund towards the costs properly incurred by it in- (a) administering this Act; (b) carrying this Act into effect ; (c) carrying on any business of the Board pursuant to this Act; (d) performing any contract entered into by the Board pursuant to this Act; and (e) fulfilling any other prescribed purpose for which any other prescribed fund of the Board is not appropriated by this Act. 52. (1) Accounts of Boards . A Board shall accurately keep such books of account and records of its receipts and expenditure as are prescribed or, in so far as they are not prescribed, as the Auditor-General from time to time requires. (2) Audit of accounts . At least once in each year the Auditor-General or a person authorized by him in that behalf shall audit the accounts of a Board and, with respect to such audit and accounts, shall have all the powers and authorities conferred upon the Auditor-General by "The Audit Acts, 1874 to 1965." The Auditor-General shall report thereon. 53. Amaali report by Boards . As soon as practicable after the thirtieth day of June in each year and before the first day of October in each year a Board shall furnish to the Minister a report of its administration of this Act and its operations under this Act for the financial year last preceding.

822 Fish Supply Management Act of 1965, No. 58 Such report shall be accompanied by financial statements certified as correct by the Auditor-General in the form of a Trading and Profit and Loss Account in respect of such financial year and a Balance Sheet as at the close of such financial year. The Minister shall lay such report and financial statements before the Legislative Assembly. 54. Disposal of profits . (1) A Board shall, after making any necessary appropriations for special purposes, pay its nett profit into a reserve fund. (2) Subject to the approval of the Minister, a Board may, from time to time,- (a) distribute among persons who have brought fish to a market or depot for sale to or by the Board pursuant to this Act moneys standing to the credit of its reserve fund on such basis as the Board determines; (b) apply such moneys in such other manner as the Board determines. (3) Investment of moneys . A Board may, from time to time , invest moneys standing to the credit of any fund kept by it under section fifty-one of this Act and not required, for the time being , for the purposes of this Act upon security with an approved dealer or upon such other security or investment as the Governor in Council may, by Order in Council, authorize. Every security or safe custody acknowledgement or other document evidencing title issued in respect of any such investment shall be held by the Board concerned. Interest received by a Board on an investment of moneys invested from any fund shall be paid by the Board into its general fund. For the purposes of this subsection the expression " authorized and approved dealer " means a person who- (a) is an authorized dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as a lender of last resort; and (b) is approved by the Governor in Council by Order in Council. Di vision IV-Proceedings of a Board 55. Conduct of Board ' s business . (1) Subject to this Act, a Board shall conduct its business and the proceedings at its meetings in such manner as it determines from time to time. (2) The rules set forth in Schedule I to this Act shall apply with respect to the business of a Board, the conduct of meetings of a Board and such other matters as are, for the time being. referred to therein. A Board and all persons concerned shall observe such rules. 56. Amendment to Schedule I. The Governor in Council may, from time to time, b,, Order in Council, amend the rules set forth in Schedule I to this Act by adding thereto, deleting therefrom or varying the provisions thereof. The Schedule as so amended for the time being shall become and be Schedule I to this Act.

Fish Suopliv Mana g ement Act of 1965, Vo. 5 8 823 PART V-REGULATION OF THE SUPPLY AND MARKETING OF FISH Division I-,Marketing Regulation 57. Inspection of fish for health purposes . Save under the authorit\ of and in compliance in every respect with the requirements of a subsisting permit under section sixty-three of this Act a person shall not sell fish in any district wherein there is a market or depot unless such fish has first been inspected at a market or depot or (where a Board has given a direction under section fifty-nine of this Act) at other premises directed by the Board bv- (a) an inspector or other officer appointed by a Board for the purposes of this Act; or (b) an inspector appointed for the purposes of " The Health Acts. 1937 to 1964 ", and certified by him as fit for human consumption. 58. Extra- market sales of fish prohibited . (1) Save under the authority of and in compliance in every respect with the requirements of- (a) a subsisting permit under section sixty-three of this Act; or (b) an exemption granted under subsection (2) of this section. a person shall not sell or purchase fish in any district unless such fish has first been sold at a market or depot at a sale conducted by a Board. (2) Subject to the approval of the Minister, the Board may, from time to time, exempt from the provisions of subsection (1) of this section any district or part of a district for such period, to such extent and subject to such terms and conditions as the Board considers proper. In considering whether or not to give his approval under this subsection the Minister shall have regard to the following matters, that is to say:- (a) The estimated consumption of fish in such district or part during a period determined by the Board; (b) The estimated catch of fish by fishermen operating out of such district or part during a period determined by the Board; (c) Such factors affecting the supply or marketing of fish in such district or part as the Board recommends to the Minister as relevant to his consideration. (3) Subject to the approval of the Minister, the Board may revoke or vary the period, extent, terms and conditions of any exemption granted under subsection (2) of this section. (4) The Board shall cause notification of the grant, revocation or variation of an exemption under this section to be published in the Gazette. A copy of the Gazette containing such a notification shall, upon its production in any proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of the grant, revocation or, as the case may be, variation therein referred to and that, at the time in question in such proceeding, such grant, revocation or, as the case may be, variation subsists. (5) A person charged with purchasing fish contrary to the provisions of subsection (1) of this section shall not be convicted if it appears that he did not know and could not with reasonable care have ascertained that the fish in respect of which he is charged had not first been brought to a market or depot and there sold at a sale conducted by a Board.

824 Fish Supply Management Act of 1965. No. 58 59. Place to which fish to be brought . (1) Save under the authority of and in compliance in every respect with the requirements of a subsisting permit under section sixty-three of this Act a person who brings to land, at a place adjacent to a place where there is a market or depot, fish intended for sale in any district shall bring such fish to such market or, as the case may be, depot to be there dealt with for the purposes of this Act. (2) A person who proposes to bring or send fish to a market or depot of a Board and all persons acting on his behalf shall bring or, as the case may be, send such fish to the market or depot or (where such fish is to be so brought or sent only for the purpose of inspection under section fifty-seven of this Act) other premises directed for the time being by the Board (a Board being hereby empowered so to do either generally or in respect of a particular quantity of fish). In giving such a direction a Board shall have regard to- (a) the route whereby the fish concerned will be brought into or conveyed within the district within which they are to be brought to a market or depot of the Board ; (b) the capacity of the respective markets and depots of the Board within the district concerned to receive and deal with the supply of fish in question for the purpose for which they are to be brought to a market or depot; (c) the convenience of the person bringing the fish concerned to a market or depot of the Board so that by reason of his compliance with the provisions of this subsection he shall not be required to make a substantial deviation from the route in question referred to in provision (a) of this paragraph or be unduly delayed. 60. Saks by Boards . (1) A Board shall not submit for sale any fish brought to a market or depot for We unless such fish is first certified as fit for human consumption by an inspector or other officer appointed by the Board for the purposes of this Act or by an inspector appointed for the purposes of " The Health Acts, 1937 to 1964." (2) Subject to the provisions of subsection (1) of this section a Board shall submit for sale all fish brought to a market or depot for sale in the order of priority in which such fish has been received at such market or depot : Provided that where fish has been submitted for sale and remains unsold a Board may. in its discretion, determine whether such fish shall be resubmitted for sale and, if so, when and in what priority. (3) A Board may effect sales of fish at its markets or depots by public auction or private treaty and subject to such conditions as it considers proper. A Board alone shall determine in what manner fish brought to a market or depot for sale shall be sold. If a dispute should arise as to the order of priority in which fish has been received at a market or depot the decision of the Board concerned shall be final and binding on all persons concerned.

Fish Supply Management Act of 1965, No. 58 825 61. (1) Regulation of buying . Save under the authority of and in compliance in every respect with the requirements of a subsisting permit under section sixty-three of this Act, a person shall not purchase fish in a market or depot unless- (a) it is appointed under this section as an open market or open depot; or (bi-- (i) he is the holder of a buyer's licence issued under section sixty-two of this Act which authorizes him to purchase such fish in such market or, as the case may be, depot or is appointed under that section as a substitute buyer in place of the holder of such a licence: and (ii) in the purchase of such fish he complies in every respect with the conditions of such licence. (2) Open markets . Subject to the approval of the Governor in Council a Board may, from time to time by notification published in the Gazette, appoint any of its markets to be an open market and any of its depots to be an open depot and, subject as aforesaid, in like manner may revoke any such appointment. 62. Boyers ' lieeaees . (1) A Board may from time to time issue, renew or cancel buyers' licences. A Board may attach conditions to a buyer's licence issued by it and, if it does so, shall cause such conditions to be set out in such licence and may at any time amend such conditions by varying the same or adding thereto or deleting therefrom. When a Board adds conditions to a buyer's licence already issued or amends conditions already set out in a buyer's licence it shall require the holder of such licence to deliver the same to the Board for the purpose of setting out therein or amending such conditions. A holder of a buyer's licence shall forthwith comply with a requisition of a Board directed to him under this subsection. (2) From time to time, a Board may, in its discretion, by endorsement on the buyer's licence concerned- (a) upon the application of the holder thereof,- (i) transfer such licence to any other person; or (ii) authorize any other person to act as a substitute buyer in place of such holder for such period as it thinks fit; or (b) transfer such licence to any person shown to bz entitled thereto by operation of law; and (c) do any other prescribed act in relation to such licence. A purported transfer or assignment of a buyer's licence otherwise than in the manner prescribed by this subsection shall be void. (3) A buyer's licence shall authorize the holder thereof or a substitute buyer appointed under subsection (2) of this section in place of such holder to purchase fish at a market or depot specified therein in accordance with the conditions for the time being attached thereto: Provided that such a licence shall not be construed to authorize such holder or substitute buyer to purchase less than one tray of fish at any time.

826 Fish Supply Management Act of 1965, No. 58 (4) A buyer's licence and every renewal thereof shall take effect on and from the date of its issue or, as the case may be, renewal and shall, unless it is sooner cancelled or surrendered, expire on the seventh day of May next following such date. (5) When a Board refuses to issue or renew a buyer's licence or cancels an existing licence it shall not be bound to assign a reason for such refusal or cancellation. Upon cancellation of a buyer's licence the Board concerned shall require the holder thereof to deliver such licence to the Board. The holder of a buyer's licence shall forthwith comply with a requisition of a Board directed to him under this subsection. A cancellation of a buyer's licence shall be effectual notwithstanding that the Board concerned has failed to comply with the provisions of this subsection or that the holder of the licence in question has failed to comply with the Board' s requisition under this subsection. (6) There shall be paid such fees as are prescribed in respect of- (a) the issue of a buyer' s licence; (b) every renewal of a buyer's licence; (c) every endorsement made on or in a buyer's licence. Where the term of a buyer' s licence as prescribed by subsection (4) of this section will not exceed a period of six months commencing on the date of its issue the fee payable in respect of the issue thereof shall be one-half of the fee prescribed for the issue of a buyer' s licence. Until the fees payable in respect of the issue or renewal of a buyer's licence are otherwise prescribed, such fees shall be as follows:- Where such licence authorizes the purchase of fish in a quantity of- (i) 1,250 lbs. or more per week, ten pounds: (ii) 500 lbs. or more (but less than 1,250 lbs.) per week, six pounds; (iii) 150 lbs. or more (but less than 500 lbs.) per week, three pounds; (iv) less than 150 lbs. per week, ten shillings. 63. Permits of exemption . ( 1) In such cases as are prescribed or, in so far as not prescribed, as the Minister approves (the Minister being hereby empowered so to do either generally or in a particular case) a Board may, from time to time, by permit in writing exempt from the operation of all or any of the provisions of sections fifty-seven, fifty-eight, fifty-nine, and sixty-one of this Act specified in such permit- (a) a person who engages in an activity within the purview of this Act to such a small extent that the Board considers he should be so exempted; (b) sales of fish by a person who has caught such fish direct to consumers or to sellers by retail within the locality in which such fish were brought to land; (c) the whole or any portion of a fisherman's catch : (d) any other dealing with fish or other matter within the purview of this Act, and may, in its discretion. revoke a permit so issued by publishing notification of such revocation in the Gazette. A copy of the Gazette containing such a notification shall, upon its production in any proceeding. be conclusive evidence of the revocation of the permit referred to therein.

Fish Supply Management Act of 1965, No. 58 827 (2) (a) A permit issued under this section shall be subject to such conditions . restrictions and reservations as- (1) are prescribed to apply generally to all such permits; (ii) are determined by the Board in respect of the permit in question and specified in such permit. (b) For every permit issued under this section there shall be paid the prescribed fee. (c) Should a dispute arise as to whether any person , dealing or matter falls within the scope of a permit issued under this section the decision of the Board which issued such permit shall be final and binding on all persons concerned. (3) As soon as practicable after revocation of a permit issued under this section the Board shall give notice of such revocation to the holder of such permit requiring him to deliver such permit to the Board. The holder of a permit shall forthwith comply with a requisition of a Board directed to him under this subsection. A revocation of a permit shall be effectual notwithstanding that the Board concerned has failed to comply with the provisions of this subsection or that the holder of the permit in question has failed to comply with the Board ' s requisition under this subsection. 64. Saks of aawboiesoee fish prohibited . A person shall not sel! or supply for human consumption fish which is unwholesome or unfit for human consumption. It shall not be competent for a person charged with a contravention of this section to claim that such contravention was justified, authorized or excused by reason of any provision of or anything done under this Act. The provisions of this section apply throughout the whole of the State. Division II-Powers of Inspection and Investigation 65. (1) Powers of inspectors . An inspector or other officer appointed by a Board in that behalf may at any time- (a) enter any premises wherein he reasonably suspects fish to be sold or to be kept, in the latter case being fish which he reasonably suspects to be intended for sale or intended for delivery on sale, and search for and examine any fish therein; (b) stop any vehicle or vessel which he reasonably suspects to be used for the taking or conveyance of fish and search for and examine any fish therein: (c) place a mark upon and, where he considers it necessary to the execution of this Act, open any tray, case, basket or other container suspected by him to contain fish; (d) seize and retain any fish and any container in which it is contained in respect of which he reasonably suspects an offence against this Act to have been committed; (e) remove any fish and containers seized by him under this Act or allow such fish and containers to remain at the place where they were so seized and fasten, secure or seal such containers and any door or aperture affording access to such fish;

828 Fish Supply Management Act of 1965, No. 5fi (J) for the purpose of removing fish seized under this Act in any vehicle or vessel, require the person in charge of that vehicle or vessel to convey such fish to a place nominated by such inspector or, as the case may be, other officer; (g) require any person to produce all or any accounts, books and documents held by him relating to the sale or purchase of fish and inspect and take copies of or extracts from any entries therein; (h) require- (i) any person whom he reasonably suspects of committing or of having committed an offence against this Act; or (ii) the seller of fish; or (iii) the purchaser of fish; or (iv) any person found delivering fish for or on sale, to supply his name and address and, in the case of a purchaser of fish, the name and address of the person from whom he purchased such fish; (i) exercise or perform any other power, authority, function or duty conferred or imposed upon him by this Act. (2) Certificate of authority . An inspector or other officer appointed by a Board who is authorized by this Act to search any premises shall not make such a search unless he has upon his person a certificate of his appointment as an inspector or, as the case may be, other officer issued by the Board. Upon demand of a person apparently in charge of any premises about to be searched by him an inspector or such other officer shall produce such certificate of appointment to such person for his inspection. A Board may issue such a certificate of appointment to any person appointed for the purposes of this Act under section seventy-one of this Act. 66. Disposal of seized fish and containers . (I) Where an inspector or other officer appointed by a Board has lawfully seized any fish (whether with or without containers) the Board may cause- (a) such fish to be destroyed if- (i) they are condemned as unfit for human consumption; or (ii) they may lawfully be destroyed under this Act; (b) such fish (and containers, if any) to be- (i) sold at a market or depot of the Board and the nett proceeds of such sale to be retained by the Board until they are disposed of in accordance with an order of any court of competent jurisdiction or in accordance with the provisions of section sixty-seven of this Act; or (ii) retained by the Board until the determination of any proceeding taken in respect thereof in which such fish or, as the case may be, containers may be admitted in evidence. The Board may exercise a power conferred by this subsection in respect of a portion of such fish or containers notwithstanding that it does not exercise the same or any other such power in respect of an other portion thereof.

Fish Supply Management Act of 1965, No. 58 829 (2) The Minister may direct that fish or containers lawfully seized under this Act be delivered to the owner thereof subject to such conditions as the Minister imposes whereupon the Board concerned shall deliver the fish or containers in question in accordance with such direction. A person who contravenes or fails to comply with any condition imposed (whether on that person or another) by the Minister under this section commits an offence against this Act. 67. Order for disposal of nett proceeds of sale . (1) Where a Board is holding the nett proceeds of a sale under section sixty-six of this Act a Magistrates Court constituted under " The Justices Acts, 1886 to 1965,"- (a) upon the determination of a proceeding, whenever commenced, for an offence against this Act alleged to have been committed in respect of the fish so sold, of its own motion or on application made in that behalf by any party to such proceeding; or (b) if a proceeding specified in paragraph (a) of this subsection has not been commenced within six months after the date of seizure of the fish so sold, upon application in that behalf by the Board or by any person claiming a proprietary interest in such proceeds, may- (c) order that such nett proceeds be paid into The Fish Supply Fund for the use of the Board concerned or, on and after the date fixed pursuant to section fifty of this Act, into the general fund of the Board concerned and become part of such fund if- (i) any person has been convicted of an offence against this Act in respect of the fish so sold; or (ii) the person who would otherwise be entitled to such nett proceeds or any part thereof is unknown to the chairman of the Board concerned after reasonable inquiry in that behalf; or (iii) for any other reason the court considers it just so to do; (d) order that such nett proceeds bz paid to the person or persons appearing to it to be entitled thereto in such proportions as the court considers just; (e) make any other order it considers just. A court may make any such order in respect of part of the nett proceeds in question and similar or different such orders in respect of other parts of such nett proceeds. (2) Where fish has been seized under section sixty-five of this Act and- (a) a proceeding for an offence against this Act alleged to have been committed in respect of such fish has not been commenced within twelve months after the date of such seizure; and (b) a proceeding has not been commenced in any court in respect of such fish or the nett proceeds of sale thereof or of any part of such nett proceeds within twelve months after the date of such seizure, the nett proceeds of sale of such fish (and containers , if any) shall, without further authority than this provision, be applied by the Board concerned to the general use of such Board for the purposes of this Act.

830 Fish Supply Management Act of 1965, No. 58 (3) A Board which, pursuant to an order of any court or to the provisions of subsection (2) of this section, has paid or applied to any person or to its general use the nett proceeds of the sale of any fish (and containers, if any) or any part thereof shall not be liable at the suit of any person for such nett proceeds or any part thereof. An order of a court made pursuant to provision (d) or (e) of subsection (1) of this section shall not operate or be construed so as to bar the right of any person entitled to recover by action from any person to whom the nett proceeds therein referred to have been paid in compliance therewith such proceeds or any part thereof. (4) An application to be made under paragraph (b) of subsection (1) of this section shall be made to the Magistrates Court in the Magistrates Court's District wherein are situated the principal offices of the Board concerned. A court to which any application is made under this section may require the applicant to give notice of his application to such person or persons as the court specifies and may, from time to time, adjourn the matter of such application for the purpose of enabling such notice to be given. (5) In this section and in section sixty-six of this Act the expression " nett proceeds of sale " means the amount remaining from the proceeds of sale of the fish (and containers, if any) in question after payment therefrom of- (a) the expenses of the seizure of such fish; (b) the expenses of conveying such fish from the place of seizure to the place of sale; (c) the expenses of storing such fish until delivery on sale; and (d) the expenses of the sale in question. 68. Order for disposal of fish retained in specie . A court which determines a proceeding for an offence against this Act may make such order with respect to the disposal of any fisL or containers retained for the purposes of that proceeding as it considers proper and the Board having possession of such fish or containers and all other persons concerned shall do all things necessary to give effect to such order. 69. Offences . A person shall not- (a) assault, obstruct, threaten or intimidate or attempt so to do any person employed by a Board in the exercise of his powers or in the discharge of his duties under this Act ; (b) fail to allow any fish to be seized, removed or retained by any person employed by a Board in the exercise of his powers or in the discharge of his duties under this Act or by any person acting at the direction of such a person; (c) take, retake, remove, otherwise deal with in a manner not authorized by this Act or attempt so to do any fish seized. removed or retained under this Act; (a') give, offer or promise an} bribe, recompense. inducement or reward to any person employed by a Board or to any person acting at the direction of such a person with an intent to influence such person concerning the exercise of his powers or concerning the discharge of his duties under this Act or, as the case may be. under such direction;

Fish Supply Management Act of 1965. No, 58 831 (e) when required by a person employed by a Board to give information for the purposes of this Act,- (i) fail to give information within his knowledge or means of knowledge, or (ii) give information which, to his knowledge, is false in a material particular; (J) fail to comply with a lawful order, notice, prohibition or requirement duly given or imposed by a Board or by a person employed by a Board for the purposes of this Act; (g) contravene or fail to comply with any term of any licence or permit issued under this Act; (h) open, break, remove, alter or erase any fastening, mark or seal placed on any container, door, aperture or place for the purposes of this Act unless he is authorized by this Act so to do: (i) when thereunto required by a person employed by a Board in the discharge of his duties under this Act or by a person appointed by a Board for the purposes of this Act, fail- (i) to produce any book, account or document in his possession or under his control; or (ii) to allow such a person to inspect any book, account or document or to make a copy thereof or extract therefrom; (j) when required, for the purposes of this Act, by a person employed by a Board to state his name and address or the name and address of the person from whom he purchased any fish, fail to state his correct name and address or, as the case may be, the correct name and address of the person from whom he purchased the fish in question. PART VI-MISCELLANEOUS PROVISIONS 70. Auctioneer, exempted person . An auctioneer appointed by a Board for the purposes of this Act may, while he holds such appointment, discharge his duties for such purposes without holding an auctioneer's licence under " The Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts, 1922 to 1961." 71. Co- option of services . Upon the recommendation of the Minister the Governor in Council may appoint any officer of the Public Service of Queensland within the meaning of " The Public Service Acts, 1922 to 1965," to exercise and perform such powers, authorities, duties and functions under this Act as are approved by the Minister. Such an appointee- (a) may hold such appointment in addition to the position for the time being held by him in the Public Service of Queensland; (h) for the purposes of this Act shall be deemed to have been appointed under this Act by the Board on behalf of which he exercises or performs his powers, authorities, duties, and functions for such purposes; (c) for the purposes of section sixty-nine of this Act shall be deemed to be a person employed by the Board on behalf of which he exercises or performs his powers. authorities, duties and functions for the purposes of this Act.

832 Fish Supply Management Act of 1%5, No. 58 A Board on behalf of which a person is appointed under this section to exercise or perform powers, authorities, duties and functions for the purposes of this Act may enter into and perform such agreements and arrangements as are rendered necessary or expedient by reason of such appointment and may utilize its funds in the payment of any sums required by any such agreement or arrangement. 72. Sayg of Health Acts. No provision of this Act shall be construed to prejudice any provision of " The Health Acts, 1937 to 1964," or to abridge the powers of the Director- General of Health and Medical Services thereunder. 73. Evidentiary aids. (1) I n any proceeding by or on behalf of a Board for the purposes of this Act- (a) it shall not be necessary to prove the appointment of the chairman or any other member of, the secretary to or any employee or appointee of a Board or the authority of a Board, or the chairman or other member of, the secretary to or any employee or appointee of a Board to do any act, give any direction or notice or take any proceeding; (b) a document purporting to be a copy of a notification, requisition, direction, demand, order or other document given or made by or on behalf of a Board and purporting to be duly signed, given or made by the chairman or secretary of the Board shall, upon its production in any proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters therein contained and of the due signature, giving or making of the original of which it purports to be a copy ; (c) a writing verified by a certificate purporting to be signed by the secretary to a Board as a true copy of or extract from any document or any entry in a register or book which document, register or book is in the custody of the Board or of any person on behalf of the Board shall, upon its production in any proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence that such writing is what it is verified as being and of the matters contained in the original thereof. (2) The fact that fish which has been sold or purchased is found in any premises in a district shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that such fish was sold or, as the case may be, purchased in that district. The fact that fish is found- (a) in any premises where fish are usually sold or stored for sale or for delivery for or on sale by any person. (b) in any vessel used by any person for the taking of fish for sale; (c) in any vehicle or vessel used by any person for the conveyance of fish for sale or for the delivery of fish for or on sale, shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that such fish are in the possession of that person for sale.

Fish Supply Management Act of 1965, No. 56 833 74. Reports required by Minister . Upon being required so to do by the Minister by writing under his hand or under the hand of the Under Secretary. Department of Labour and Industry, the chairman of a Board shall cause an accurate and full report to be furnished to the Minister in respect of- (a) the finances generally of the Board; (b) any matter relating to the revenue or expenditure of the Board: (c) any matter concerning the administration of the Board: (d) any business conducted by the Board; (e) any other matter pertaining to the carrying of this Act into effect by the Board. 75. (1) General offence . A person who contravenes or fails to comply with any provision of this Act commits an offence against this Act. Penalty: One hundred pounds. (2) Recovery of penalties and fees . A prosecution for an offence against any provision of this Act shall be taken by way of summary proceeding under " The Justices Acts, 1886 to 1965." Any fee, charge, toll or other sum of money payable to a Board pursuant to this Act may be recovered by way of- (a) summary proceeding under " The Justices Acts, 1886 to 1965 or (b) action as for a debt due to the Board in any court of competent jurisdiction. A summary proceeding in respect of an offence against any provision of this Act or to recover any sum of money payable to a Board under this Act shall be commenced and taken by the Board concerned through its secretary or by a person appointed by such Board in that behalf. (3) Appropriation of penalties . A penalty paid in respect of an offence against any provision of this Act shall be paid to the Board by or on behalf of which such offence was prosecuted to be applied to the general use of such Board for the purposes of this Act. 76. Mode of service of notices , &c. A notice, requisition or other writing authorized or required by this Act to be given to any person shall be duly given if- (a) it is served personally upon the person to whom it is directed; or (b) it is sent by post to the place of abode or business of the person to whom it is directed last known to the person who sends the same. 77. Regulation s. (1) The Governor in Council may make regulations not inconsistent with this Act providing for all matters and things (whether general or to meet particular cases) which are necessary or convenient for the administration of this Act or for carrying this Act into effect. Such regulations may be made to apply generally throughout the State or within any district or part of the State or in respect of any market or depot or otherwise to be of limited application as is indicated therein. Regulations may be made upon the passing of this Act. 27

834 Fish Supply Management Act of 1965, No. 58 (2) Without limiting the generality of the power conferred upon the Governor in Council by subsection (1) of this section, regulations may be made with respect to the matters set forth in Schedule II to this Act. (3) For the purposes of this Act the power to regulate includes the power to prohibit. 78. Publication of Orders in Council , &c. (1) Every Order in Council and regulation made for the purposes of this Act shall- (a) be published in the Gazette; (b) upon such publication be judicially noticed and such publication shall be conclusive evidence of the matters contained therein: (c) take effect on and from the date of such publication unless a later date is specified in the Order in Council or regulation in question for its commencement when, in such event, such an Order in Council or regulation shall take effect on and from that later date; (d) be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session and, if not, then within fourteen sitting days after the commencement of the next session of the Legislative Assembly. (2) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after an Order in Council or regulation has been laid before it disallowing such Order in Council or regulation or any part thereof that Order in Council or regulation or, as the case may be, part shall thereupon cease to have effect but without prejudice to the validity of anything done or omitted to be done in the meantime or to the making of a further Order in Council or, as the case may be, regulation. SCHEDULE I [s. 55] PROVISIONS RELATING TO THE PROCEEDINGS OF THE BOARD 1. Executive officer . The chairman shall be the executive officer of the Board. 2. Meetings . (1) The Board shall meet at least once in every month. Notice of the time and place of a meeting shall be given to all members of the Board at least seven days before the date of such meeting. (2) The chairman shall preside at every meeting of the Board at which he is present. 3. Special meetings . (1) The chairman may, of his own motion or upon the request of any member of the Board. convene a special meeting of the Board. If the chairman fails to comply with such a request within ten days of the date of making such request such member may convene a special meeting of the Board. (2) A notice of the time and place of a special meeting shall include reference to the business to be transacted at such meeting. (3) No business shall be transacted at a special meeting of the Board except such as is referred to in the notice thereon.

Fish Supply Management Act of 1965. No. 58 835 4. Quorum . Business shall not be transacted at a meeting of the Board unless at least one-half of the members who are eiigible to participate in that business are present. 5. Duties of secretary . The secretary to the Board shall- (a) keep minutes of the meetings of the Board; (b) cause notices of meetings of the Board to be duly issued; (c) conduct correspondence on behalf of the Board; and (d) perform such other functions as are prescribed or as are directed by the Board. 6. Voting . (1) A majority of the members of the Board present at a meeting of the Board held in accordance with these rules may, b" open voting, exercise the powers of the Board and perform all matters of business before such meeting. Except as is otherwise provided by these rules, all members present at a meeting shall vote and if any member (being competent to vote) abstains from voting he shall be taken to have voted for the negative. (2) A member shall not vote or participate in any debate or discussion with respect to a matter before the Board in which he has directly or indirectly by himself, his partners or a company of the governing body whereof he is a member a pecuniary interest otherwise (in the case of a representative member of the Board) than as a member of the class of person he represents. (3) Subject to the last preceding sub-rule, the chairman shall have a deliberative vote and, in the event of an equality of votes, a casting vote. 7. Adjournment of meetings . The members present at a meeting of the Board may from time to time adjourn the meeting. If a quorum of members is not present at a meeting of the Board within fifteen minutes after the time appointed for the meeting to commence the member or members present , or the majority of them if more than two members are present, or the secretary to the Board, if no member is present or if the members present are equally divided on the issue. may adjourn such meeting to any time not later than seven days from the date of such adjournment : Provided that no provision of this rule shall be construed to prevent the adjournment of a meeting to a later hour of the same day on which such meeting was appointed to be held. 8. Custody of seal . The common seal of the Board shall be in the custody of the secretary to the Board or, should there be a temporary vacancy in that position, of the chairman, who shall keep it securely locked in his office. The common seal of the Board may be affixed by the person having custody of the seal in accordance with these rules. 9. Authenticatioe of documents . Except where it is by this Act otherwise prescribed, a document made or issued by the Board for the purposes of this Act shall be sufficiently authenticated if it is made or. as the case may be, signed by the chairman or by the secretary to the Board.

836 Fish Supply Management Art of 1965, No. 58 10. Validation of proceedings. (1) Notwithstanding that a member of the Board refuses or fails to act in any respect or to attend a meeting of the Board convened in accordance with these rules all acts and proceedings of the Board which are otherwise lawful shall be as valid and effectual as if they had been done or authorized by the whole Board. (2) A proceeding of the Board or an act of the chairman shall not be invalidated by reason of any defect in the qualification, appointment or membership of any member or by reason of a vacancy in the membership of the Board at the time of such proceeding or act. SCHEDULE II [s. 77] SUBJECT-MATTER FOR REGULATIONS 1. Providing for and regulating the management and control by a Board of markets and depots and the supply and marketing of fish. 2. Providing for and regulating- (a) the traffic within the limits of a market or depot and in or on the approaches to a market or depot; (b) the orderliness of carriers resorting to a market or depot; (c) the use to be made of buildings , stalls, pens , troughs, and stands within a market or depot; (d) the prevention of nuisance or obstructions within a market or depot and in or on the approaches to a market or depot; (e) the maintenance of order, discipline, decency and cleanliness of persons resorting to a market or depot; (f) the prevention of trespass upon or unauthorized intrusion into a market or depot; (g) standards of hygiene and cleanliness in and about a market or depot. 3. Providing for the rents, commissions , tolls, dues , rates, fees and charges chargeable by a Board in carrying this Act into effect or performing any function or duty under this Act or performing any service and prescribing the persons who are to pay the same , the purposes for which the same shall be charged, the manner of recovery of the same and the settlement of disputes respecting the payment thereof. 4. Providing for and regulating the disposal of fish which has been certified as unfit for human consumption or which a Board considers to be unsaleable. 5. Regulating the hours of trading at a market or depot. 6. Regulating cold storage b) a Board including, but without limit to the generality of the power conferred by this clause, the empowering of a Board, at its discretion.- (a) to allocate and re-allocate space in such storage facilities having regard to competing claims of owners of fish: (hi to remove from such storage and dispose of fish which the Board considers to be unsaleable

Fish Supply Management Act of 1966, _Vo. 58 837 7. Preventing the use of false or defective weights, scales or measures. 8. Providing for and regulating the sale of fish at a market or depot. 9. Providing for and regulating- (a) the inspection of fish at a market or depot; (b) the prevention of the sale in a market. depot or elsewhere of unsound or unwholesome fish or fish which has been certified as unfit for human consumption or fish in a condition known as " earthy "; (c) the disposal of unsound or unwholesome fish or fish so certified. 10. Providing for and regulating applications for licences under this Act, the issue, renewal, transfer, cancellation and surrender of such licences or of duplicate licences issued in place of such licences mislaid or destroyed, the endorsement of such licences and the issue of duplicate licences in place of licences applied or destroyed. 11. Prescribing conditions to apply generally in respect of licences or permits issued under this Act or to be a pplied in particular cases by a Board. 12. Providing for and regulating- (a) the election or determination for the purposes of appointment of members of a Board ; (b) the conduct of an election for the purposes of this Act; (c) the manner of voting at such an election ; (d) the compilation and revision of rolls of persons entitled to vote at such an election; (e) the evidentiary value of such a roll; (f) the determination of the qualification of persons entitled to vote at such an election; (g) the settlement of disputes as to the persons entitled to vote at such an election and of matters arising out of such an election. 13. Regulating a Board ' s guarantee of loans pursuant to this Act. 14. Providing for and regulating the proceedings , of a Board, allowances to be paid to the chairman , the fees to be paid to members of a Board for attendance at meetings of the Board and expenses of members of a Board incurred in performance of their duties under this Act. 15. Prescribing returns to be furnished for the purposes of this Act, the subject -matter of such returns, the time and mode of compiling and furnishing such returns and the persons by and to whom such returns are to be furnished. 16. Providing for and regulating the delegation by a Board of its powers, authorities, duties and functions and prescribing the persons to whom such a delegation may be made.

838 Fish Supply Management Act of 1965, No. 58 17. Prescribing forms to be used for the purposes of this Act and the purposes for which they shall be used. 18. Prescribing all matters and things which by this Act are required or permitted to be prescribed and in respect of which the method by which they are to be prescribed is not specified.