Fish Supply Management Acts Amendment Act of 1946 (10 Geo Vi No. 25) (Qld)

82 FISHERIES. Fish Supply Management, Etc., Act. 10 GEO. VI. No. 25, dam, weir, or reservoir, to carry out within the time specified in the order, such works as may be specified in the order to enable the upward passage of fish through or over the dam, weir, or reservoir. Any person who fails to comply with an order under this section shall be guilty of an offence and shall be liable to a penalty not exceeding twenty pounds. Where a person fails to comply with an order under this section the Minister may cause the work specified to be carried out and may recover the cost thereof from the person to whom the order was addressed at the suit of the Crown in any court of competent jurisdiction." 10 N G o E . O 2 . 5 V . I. An Act to Amend "The Fish Supply Management ' Tup: i~ H MANAGEMENT ACTS A.MENDMENT A.CT Oli' 1946. Acts, 1935 to 1941," in certain particulars. [ASSENTEDTO 30TH APRIL, 1946.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- Short title 1. (1.) This Act may be cited as " The Fish Supply :~! truction. Management Acts Amendment 4ct of 1946," and shall be read as one with *" The FMh Supply Management Acts, 1935 to 1941," herein referred to as the Principal Act. Collective (2.) The Principal Act and this Act may collectively title. be cited as "The Fish Supply Management Acts, 1935 to 1946." Amendments of the Principal Act. Amendment 2. In section three of the Principal Act, after the O [D fB e . f 3 i . nition d IsS. e ]. fm . insietiro t ne d o, fn" amCoer I ypo: ra-tion," the following new definition Depot. " " Depot "-A depot established in any district under this Act for the first receival of all fish delivered by fishermen; ". * 26 G. 5 No. 33 and amending Acts, v. 3, p. 589 et seq.

1946. FISHERIES. Fish Supply Management, Etc., Act. 83 3. Section seventeen of the Principal Act is amended Amendment as follows :_ of s. 17. A new subsection six is inserted after subsection Constitution five of section seventeen of the Principal Act, namely :_ of Boa.rd. " [6. ] Notwithstanding anything hereinbefore con- AppoiD; t~ nt t al'ned ' ill th I ' S sectI' on, 1 'f dUr' Ing t he t erm 0 f 0 ffice 0 f o m f e a m d b d e lt r lO or nal members of the Board the Governor in Council increases members. the number of members of the Board, the following provisions shall enure and have effect, namely :- (i.) The Governor in Council may by Order in Council appoint any person or persons to be an additional member or members as a representative or representative of the fishermen and/or consumers, but without the necessity of any election to be held with respect to the person who may be so appointed as a representative of the consumers; (ii.) The Governor in Council may by Order in Council declare that any person so appointed shall be the representative of a specified section or class of fishermen or, as the case may be, of consumers; moreover, a like declaration may provide that the member of the Board holding office at the material time as representative of the fishermen or, as the case may be, consumers shall thereafter be the representative of a specified section or class of fishermen only or, as the case may be, of consumers only; (iii.) Any person so appointed shall be appointed for the balance of the term of office of the members of the Board in office at the date of his appointment, and shall subject to this Act hold office for such period." 4. In regard to the Board existing and in office at ~ ecOD8titu- the passing of this Act- e t l l l O :l ~ St ? m f g (i.) The member in office representing the Board, fishermen shall be and be deemed to represent the fishermen south of Yeppoon in the State of Queensland;

84 FISHERIES. Fisk Supply Management, Etc., Act. 10 GEO. VI. No. 25, (ii.) The member in office representing the consumers shall be and be deemed to represent the consumers south of Yeppoon in the State; (iii.) The person who pursuant to an election of fishermen held by the Queensland Fishermen's League (Townsville Branch) on the twenty- eighth day of July, one thousand nine hundred and forty-five, in the area from Yeppoon north to Townsville received the greatest number of votes at such election shall for the purposes of this Act be and be deemed to have been elected as a member representa- tive of the fishermen in the area from Yeppoon north to Townsville, and from and after the passing of this Act shall be appointed a member of the Board accordingly and shall hold office as representative of the fishermen in the area concerned until the expiration by effiuxion of time of such existing Board. Such election and appointment '(when made) are hereby approved, validated, and confirmed accordingly; (iv.) On the passing of this Act, the Governor in Council may by Order in Council appoint, without election in terms of the provisions of subsection six of section seventeen of the Principal Act as inserted by this Act, a person to be consumers' representative for the area from Yeppoon to Townsville. On such appointment being made, such appointment is hereby approved, validated, and confirmed, and such person shall hold office as such consumers' representative for the area indicated until the expiration by effiuxion of time of such existing Board; (v.) Any such appointment herein referred to shall be and be deemed an appointment made in full compliance with the provisions of the Principal Act as amended by this Act.

FISHERIES. 85 1946. Fish Supply Management, Etc., Act. ------------------_._----- 5. Section twenty of the Principal Act is amended Amendment as follows ;_ of B. 20. (i.) In subsection three after the words "If a member" the words and brackets "(including the chairman) " are inserted. (ii.) A new subsection, 3A, IS inserted after subsection three as follows:- "[3A.] If the chairman is likely from any cause- (i.) To be absent from meetings of the Board for less than two months, the Governor in council may- (a) Appoint a consumers' representative to act as deputy for the chairman; or (b) Appoint a fit and proper person not a member of the Board to be the deputy for the chairman, and in either case the person so appointed shall in the absence of the chairman act as chairman of the Board, and shall while so acting have the same powers, privIleges, and immunities of the chairman; (ii.) In case a consumers' representative is appointed to act as deputy chairman, as aforesaid, the Governor in Council may appoint a fit and proper person to act as consumers' representative during the period such consumers' representative is acting as deputy for the chairman. (iii.) A new subsection six is added to the said section, as follows:- "[6.] If at any time after the passing of *" The Fish Quorum.. Supply Management Acts Amendment Act of 1946," the membership of the Board is increased to six, four members of the Board shall constitute a quorum." 6. Section twenty-three of the Principal Act is Amendment amended as follows;- of B. 23. Paragraph (i.) of subsection one is repealed and ~ : :: ae~ f the following paragraph (i.) is inserted in lieu thereof, the Board.] namely;- " (i.) With the approval of the Governor in Council, from time to time, establish in any district, or part of a district,a branch • This Act.

86 FISHERIES. Fish Supply Management, Etc., Act. 10 OEO. VI. No. 25, 1946. market or branch markets, and/or a depot or depots, and with the like approval may discqntinue the same or anyone or more of them. The fact of the establishment of a market, branch market, or depot shall be notified in the Gazette, and the market, branch market, or depot shall be deemed to be established on the date of such notification." Amendment 7. Section 27 A of the Principal Act is OrS.27A. amended by adding thereto a new subsection, as follows:- [Power to license " (6.) With· respect to any license issued under this ~ f& ta: rs section, the Board may direct by endorsement on any the market.] such license that all or any prescribed proportion of the fish purchased by a licensee shall be sold in an uncooked or unpreserved state." New s. 27B. 8. A new section, 27B, is inserted after section 27A of the Principal Act, as follows :- Fish to be ~~; ~f~ t to "[27B.] W~ ere a depot has been established in a district all fish Pltended for sale landed in the seaside areas, Local Authority Areas, or parts of Local Authority Areas! in the district adjacent to such depot shall be brought to the depot. Any person refusing or failing to observe the provisions of this section shall be guilty of an offence, and shall be liable to a penalty not exceeding twenty pounds." FORCES. See MEMBERS OF• . FORESTS, STATE. See PRISONS. FRUIT MARKETING ORGANISATION. See PRIMARY PRODUCE. ! FRUIT TREE STANDARDS. See AGRICULTURE.