Fish Supply Management Acts Amendment Act of 1951 (No. 2) (15 Geo Vi No. 54) (Qld)

268 FISHERIES. Fish Supply Management, Etc., Act (No. 2). 15 G eo . VI. No. 54, FISHERIES. 15 G eo . VI. No. 54. T he F ish S upply M anagement A cts A mendment A ct of 1951 (NO. 2). A v| Act to Amend “ The Fish Supply Management Acts, 1935 to 1951,” in certain particulars. [A ssented to 6 th D ecember , 1951.] 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. This Act may be cited as “ The Fish Supply 811(1 . Management Acts Amendment Act of 1951 (No. 2),” construction. and ^ ^ ag ^ " jtfo Fi$h Supply Management Acts, 1935 to 1951,” herein referred to as the Principal Act. Collective The Principal Act and this Act may be cited title. collectively as “ The Fish Supply Management Acts, 1935 to 1951.” Insertion of 2. The following section is inserted after section s. 2 a . two of the Principal Act, namely :— Construction “ [2 a .] This Act, including every Proclamation, of Act. Order in Council, and regulation made hereunder, shall be read and construed so as not to exceed the legislative power of the State to the intent that, where any enactment hereof or provision of any such Proclamation, Order in Council, or regulation would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power.” Amendments 3. Section three of the Principal Act is amended— of s. 3. „ (i.) By inserting the following definition after the definition of the term “ Prescribed ” in that section namely:— , Purchase. “ “ Purchase ”—In relation to any fish, includes the acquisition of the property in the fish for any consideration, and the acceptance or receiving of the fish upon delivery on sale thereof;” 26 G. 5 No. 33 and amending Acts.

1951. FISHERIES. Fish Supply Management, Etc., Act (No. 2). 269 (ii.) By repealing the definition of the term “ To sell ” in that section and by inserting, in lieu pf that repealed definition, the following definition, nankely:— “ “To sell”—Includes to sell by wholesales or by r<> sen. retail or by auction, and to barter, exchange, supply for profit, assign or part with possession for valuable consideration, offer or expose for sale, keep or have in possession for sale, or send, forward, or deliver for or on sale, and to authorise, cause, permit, . allow, suffer, or attempt any of such acts or things : and “ sale ” and “ sold ” and other words derived therefrom shall have a corresponding meaning.” 4. Section twenty-one of the Principal Act is Amendments amended— ofs. 21 . (a) By inserting in subsection four of that section after the words “ officers appointed ” the brackets and words “ (other than officers appointed under subsection five of this section) ” ; (b) By adding to that section the following subsection, namely:— “ (5.) Notwithstanding anything to the contrary contained in this or any other Act, at the request of the Minister and on the recommendation of the Public Service Commissioner the Governor in Council may, under * “ The Public Service Acts, 1922 to 1950,” appoint any officer of the Public Service as defined therein as an officer under this Act to exercise such powers and to discharge such duties for the purposes of this Act as may be approved by the Minister. Each and every such appointee may hold such appointment in conjunction with the office for tjbie time being held by him in the said Public Service arid shall for the purposes of this Act be deemed to be an officer of or appointed by the Board. In any such case the Board may make and carry out any agreement or arrangement relating to the payment to be made by the Board to the Government of the State and to any other matters which may require to be adjusted in respect of the officer so appointed.” : 13 G. 5 No. 31 and amending Acts.

270 FISHERIES. Fish Supply Management, Etc., Act (No. 2). 15 G eo . VI. No. 54, Aofms.en2d7.ments 5. Section twenty-seven of the Principal Act is amended— (i.) By repealing in the first paragraph of subsection one of that section the words “ or for valuable consideration either assign or part with the possession of” and by inserting, in lieu of those repealed words, the words “ or purchase (ii.) By adding to that section the following subsection, namely:— “ (4.) A person shall not be convicted of the offence that in any district he did purchase fish contrary to the provisions of subsection one of this section if he proves that he did not know and could not with reasonable care have ascertained that the fish the subject of the proceeding had not first been brought to a market in that district and there sold at a sale conducted by the Board.” Amendment 6. Section 27 b of the Principal Act is amended by °f e. 27 b . adding the following paragraphs thereto, namely:— “Any person who purchases any fish required by this section to be brought to a depot which were not brought to that depot shall be guilty of an offence, and shall be liable to a penalty not exceeding twenty pounds : Provided that a person shall not be convicted of purchasing any such fish if he proves that he did not know and could not with reasonable care have ascertained that the fish had not been brought to such depot.” News. 28 a . 7. The following section is inserted after section twenty-eight of the Principal Act, namely:— Powers of “ [25 a .] (2.) Any inspector or other officer appointed officers. by the Board may at any time— (i.) Enter any land, building, other premises, or other place whatsoever where any fish are or are suspected by him to be sold, or kept at any time before sale, or kept at any time before delivery on sale, and search for and examine any fish thereon or therein ; and (ii.) Stop any vessel or vehicle used or suspected by him to be used for the conveyance, delivery, or taking of any fish and search for and examine any fish thereon or therein ;

FISHERIES. 1951. Fish Supply Management, Etc., Act (No. 2). (iii.) Place any mark upon and, where necessary or deemed necessary by him, open any tray, case, basket, or other container whatsoever which contains or is suspected by him to contain any fish ; , (iv.) Seize and detain any fish (and any trays, cases, baskets, or other containers whatsoever which contain that fish) in relation to which he suspects an offence has been committed against this Act; (v.) Remove any fish and any trays, cases, baskets, or other containers whatsoever seized by him under this Act or, where the seizure has been made at any place, allow such fish and trays, cases, baskets, or other containers to remain at the place of seizure and, in that event, fasten, secure, or seal the same or any door or aperture affording access to the same ; (vi.) For the purpose of removing to a place of detention fish seized on any vessel or vehicle, require the person in charge of that vessel or vehicle to convey that fish to a place nominated by that officer ; (vii.) Require the production by any person of any accounts, books, invoices, and documents relating to the sale or purchase of any fish and inspect and take copies of or extracts from any entries found therein ; (viii.) Require any person found committing or whom he reasonably suspects of having committed an offence against this Act or the seller or purchase]? of any fish and any person delivering any 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 seller from whom he purchased such fish ; ■ (ix.) Exercise any other power or authority • conferred upon him by this Act. (2.) Where by virtue of this Act an officer appointed by the Board is authorised to search any place, vessel, or vehicle, he shall not make any such search unless he is in possession of a certificate of his appointment issued 271

272 FISHERIES. Fish Supply Management, Etc., Act (No. 2). 15 G eo . VI. No. 54, by the Board, and he shall, on demand by the person occupying or in charge of the place, or in charge of the vessel or vehicle, produce the certificate to that person before commencing or proceeding further with the search. For the purposes of this subsection the Board may issue certificates in respect of officers appointed under subsection five of section twenty-one of this Act. Power to deal with fish seized, (3.) Any fish, and any trays, cases, baskets, or other containers whatsoever seized and detained under this Act may be— (i.) (In the case of fish) destroyed where under this Act such fish are condemned or may be destroyed; (ii.) Sold by the Board at any market and the net proceeds thereof retained by the Board to abide any order made by a court or its appropriation otherwise under subsection four of this section ; or (iii.) Detained until the final determination of any proceedings for an offence against this Act in relation thereto or of any proceedings for any offence in which such fish or containers are or can properly be adduced in evidence, and any such action may be taken in respect of part of any fish and containers (if any) seized and any different action as aforesaid may be taken in respect of the remainder : Provided that the Minister may direct that any fish and containers (if any) seized under this Act be delivered to the owner thereof on such terms and conditions (if any) as the Minister thinks fit. Any person who contravenes or fails to comply with any such term or condition shall be guilty of an offence against this Act. Proceeds of (4.) Where any fish (and containers (if any)) seized ssaeilzeesdo.f fish upnardaegrrathpihs ( Aii.c)t oafrseubsoseldctiboyn tthhreeeBooafrtdhiisnsepcutriosnuatnhceenoaf court— (i.) Upon hearing and determining any proceeding (whether commenced within or after the period of six months next after the date of such seizure) for an alleged offence against this Act in respect of the fish seized, with or without[any application for that purpose; or

FISHERIES. 1951. Fish Supply Management, Etc., Act (No. 2). (ii.) At any time after the period of six months next after the date of such seizure if any proceedings for an alleged offence against • this Act in respect of the fish seized have not then been commenced, upon application for that purpose, may— (a) If a conviction is recorded for an offence against this Act in respect of the fish seized, or if the person entitled to the payment of the proceeds of the sale retained by the Board cannot be ascertained, or if the court deems it necessary or desirable so to do in any other event, order that the proceeds retained by the Board shall become part of the Board’s funds; or (b) In any other case, order that the proceeds of the sale retained by the Board shall be paid to the person appearing to the court to be entitled thereto ; or (c) In any case, may make such other order as it thinks fit, | and the requirements of every such order Shall be complied with in every respect: Provided that where no proceedings for an alleged offence against this Act in respect of the fish seized are commenced within the period of twelve months next after the date of such seizure and no application for an order under this subsection has been made within that time, the proceeds shall, without further or other authority, become part of the Board’s funds. Any order for the payment by the Board of any proceeds to any person shall not bar the right of any other person to recover the amount thereof by action from the person to whom it is paid by virtue of the order: Provided that such action shall be brought within six months next after the order is made. In this subsection “ court ” refers to a court of petty sessions, and the provisions of * “ The Justices Acts, 1886 to 1949,” with any necessary adaptations thereof, shall apply for the purposes of this subsection. 50 V. No. 17 and amending Acts.

274 FISHERIES. Fish Supply Management, Etc., Act (No. 2). 15 G eo . VI. No. 54,1951 A court may at any time require such notices, as . it considers necessary or desirable, of any application for an order under this subsection to be given by the applicant and may from time to time adjourn, the hearing or further hearing of such application for that purpose. (5.) The court hearing and determining any proceeding referred to in paragraph (iii.) of subsection three of this section may make such order with respect to any fish and containers (if any) detained in pursuance of that paragraph, as it thinks fit and the requirements of such order shall be complied with in every respect.” Amendments 8 . Section twenty-nine of the Principal Act is of s. 29 . amended— (i.) By inserting in paragraph (vi.) of that section after the words “ of the Board ” the words “or of any officer appointed by the Board”. (ii.) By adding to that section the following paragraphs, namely :— “ (viii.) Without authority open, alter, break, remove, or erase any mark, fastening, or seal placed in pursuance of this Act by any officer appointed by the Board on any container, place, door, or aperture ; or (ix.) Fail, when thereunto required in pursuance of this Act by an officer appointed by the Board, to produce any accounts, books, invoices, or documents in his possession or under his control, or fail to allow an officer appointed by the Board to inspect or to take a copy of or extract from any such accounts, . books, invoices, or documents ; or (x.) Fail, when thereunto required in pursuance of this Act by an officer appointed by the Board, to state his name and address or the name and address of the person from whom he purchased any fish, or state in answer to any such requirement a false name and address, or name, or address.” Amendment 9. The following paragraphs are added to section °f s. 31 . thirty-one of the Principal Act, namely :— “ (5.) The fact that any fish sold or purchased are found at any place or on any vessel or vehicle in any district shall be evidence that such fish were sold or, as

FISHERIES—GAS. 1 E liz . II. No. 12, 1952. Gas Acts Amendment Act. the case may be, purchased in that district, and in the absence of evidence in rebuttal thereof shall be conclusive evidence that such fish were sold or, as the case may be, purchased in that district. (6.) The fact that any fish are found— (i.) At any place where any fish are usually sold or stored for sale or stored for delivery for or on sale by any person ; (ii.) On any vessel used by any person for the taking of any fish for sale ; or (iii.) On any vessel or vehicle used by any person for the conveyance of any fish for sale or for the delivery of any fish for or on sale shall be evidence that the fish found are had in possession by that person for sale, and in the absence of evidence in rebuttal thereof shall be conclusive evidence that the fish found are had in possession by that person for sale.” 275 FRIENDLY SOCIETIES. See S ocieties . GAS. An Act to Amend “ The Gas Acts, 1916 to 1946,” 1 N E o l . iz 1.9I. I. T he G as A cts in certain particulars. A mendment A ct of 1952. [A ssented to 22 nd A pril , 1952.] B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— 1. This Act may be cited as “ The Gas Acts short title Amendment Act of 1952,” and shall be read as one with construction * “ The Gas Acts, 1916 to 1946,” herein referred to as the ' Principal Act. The Principal Act and this Act may be collectively Collective cited as “ The Gas Acts, 1916 to 1952.” title- * 7 G. 5 No. 11 and amending Acts.