Fish Supply Management Acts Amendment Act of 1959 (8 Eliz Ii No. 62) (Qld)

444 (Queensland ANNO OCTAVO ELIZABETHAE SECUNDAE REGINAE. No. 62. An Act to Amend "The Fish Supply Management Acts, 1935 to 1951," in certain particulars, and for other purposes. [A ssented to 22 nd D ecembeb , 1959.] E it enacted by the Queen’s Most Excellent Majesty, B 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. Principal Act. Collective title. 1. (1.) This Act may be cited as “ The Fish Supply Management Acts Amendment Act of 1959.” (2.) “ The Fish Supply Management Ads , 1935 to 1951,” are in this Act referred to as the Principal Act. (3.) The Principal Act and this Act may be collectively cited as “ The Fish Supply Management Acts, 1935 to 1959.”

8 E liz . II. No. 62, 1959. Fish Supply Management, Etc., Act. 445 2. Section three of the Principal Act is amended Amendments by in the definition “ Fish ” therein— of 8. 3. (i.) Repealing the words “ and turtles ” therein and by inserting, in lieu of those repealed words, the words “ and scallops ” ; (ii.) Inserting, after the words “ preserved, salted,” therein, the word “ cooked,” ; and (iii.) Inserting, after the word “ oysters ” where that word occurs in the first paragraph of that definition, the words “ and turtles ”. by ad3d.inSgectthieornetsoevthene foolflotwheingPrpianrcaigpraalpAh c: — t is amended oAfms. en7d. ment “ Notwithstanding the foregoing provisions of this section, the Board may at any time, subject to the giving to the Corporation by the Board of three months prior notice of its intention so to do, repay the whole of the amount of the loan not already repaid together with interest thereon up to and including the day of such repayment.” 4. (1.) Section seventeen of the Principal Act is Amendments amended— ofs. 17. (i.) By repealing subsection one thereof and by inserting, in lieu of that repealed subsection, the following subsection:— be e“st ( a 1 b .) lis ( h a e ) dFoar Bthoearpdurwphosicehs osfhatlhlisbAe cctatllheedre“sThahlel mEBosetanartbdol. ifsh­ Fish Board ” (in this Act referred to as “ the Board ”). (b) The Board shall consist of a chairman and four other members each of whom shall, subject to paragraph (c) of this subsection, be appointed by the Governor in Council by notification published in the Gazette. (c) The members of the Board, other than the chairman thereof, shall be respectively— (i.) A representative of the prescribed fishermen, who shall be elected as prescribed by regulation and who shall substantially djerive his livelihood from fishing, be a regular supplier of fish to the Board and possess such other qualifications (if any) as may be prescribed;

446 Savings* Fish Supply Management , Etc,, Act. 8 Euz. II. No. 62, (ii.) A representative of the prescribed prawn operators who shall be elected as prescribed by regulation and who shall substantially derive his livelihood from prawning, be a regular supplier of prawns to the Board and possess such other qualifications (if any) as may be prescribed; and (iii.) Two representatives of consumers of fish, who shall be determined as prescribed by regulation.”; (ii.) By repealing subsection three thereof and by inserting, in lieu of that repealed subsection, the following subsection:— “ (3.) Notwithstanding the provisions of subsection one of this section, the Board as constituted immediately prior to the commencement of “ The Fish Supply Management Acts Amendment Act of 1959,” shall continue to be the Board until the last moment of the thirty-first day of December, one thousand nine hundred and fifty- nine, or such later date as may be fixed by the Governor in Council by notification published in the Gazette and the chairman and every other member of the Board in office immediately prior to the commencement of “ The Fish Supply Management Acts Amendment Act of 1959,” may, subject to this Act, continue in his respective office (notwithstanding that by so continuing he retains office for longer than the time prescribed for the holding of that office) until that moment when he shall retire from office but shall, subject to this Act, be eligible for re­ appointment to the re-constituted Board. The Board as continued by this subsection may exercise, take and do under, subject to and in accordance with this Act all such powers, functions, authorities, steps and things as may be exercised, taken and done by the Board by virtue of this Act.” ; and (iii.) By repealing subsections five and six thereof. (2.) The repeal of, and the substitution of a new subsection for subsection one of section seventeen of “ The Fish Supply Management Acts, 1935 to 1951,” shall not affect or prejudice howsoever any rights or liabilities of the Corporation as constituted and named by the said section seventeen, or render defective any legal proceedings by or against it, and any legal proceedings that might have been commenced or continued against it

1959. Fish Supply Management, Etc., Act. as so constituted and named, may be commenced or continued by or against it under its name and as re-constituted pursuant to section seventeen of “ The Fish Supply Management Acts, 1935 to 1959,” and all lands vested in, and all lands and other property held by it as constituted and named prior to the passing of “ The Fish Supply Management Acts Amendment Act of 1959,” shall continue vested in and held by it under its name and as re-constituted by section seventeen of “ The Fish Supply Management Acts, 1935 to 1959.” 447 5. Section twenty-three of the Principal amended— of s. 23. (а) By repealing in subsection one thereof the words “ The Board may if it thinks fit ” and inserting, in lieu of those repealed words, the words “ Subject to this Act the Board may ” ; (б) By adding to subsection one thereof the following paragraphs:— “ (v.) Sell, supply and distribute fish or any product or by-product of fish outside of the State of Queensland or outside any district in the © State of Queensland and for that purpose do and take outside of Queensland or outside any district all such things and steps as are deemed by the Board necessary or convenient, and in particular for such purpose establish places of business and offices outside of the State of Queensland or outside any district and appoint, employ and pay such officers, employees, agents and other persons outside of the State of Queensland or outside any district as are by the Board deemed necessary ; (vi.) Buy or otherwise acquire, and sell and supply to fishermen and other persons engaged in or in connection with the fishing industry (including as well as persons so engaged on their own behalf, employees and agents of the Board) and otherwise trade in and either for cash or on terms and if on terms! upon 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,

Fish Supply Management, Etc., Act. 8 E liz . II. No. 62, depots or otherwise howsoever for fishing, the storage of fish pending the sale or marketing thereof, and the transport of fish for purposes of the sale and marketing thereof; (vii.) Enter into with fishermen and any other persons arrangements, subject to such terms and conditions as it may agree to, with respect to the marketing or sale by the Board, as agents for the parties to such arrangements, of fish, and exercise in relation to any such arrangements such of its powers, authorities and functions under this Act as being capable of being exercised by it as agent, it deems necessary or expedient for the carrying out thereof; (viii.) Appoint any person or persons to be the agent or agents of the Board in any district or part of a district on such terms and conditions as the Board deems fit.” ; (c) By adding to subsection two thereof the following paragraph:— “ Any arrangements made by the Board pursuant to paragraph (vii.) of subsection one of this section shall not authorise, justify or excuse any act or omission of any fisherman Or other person whomsoever (whether or not a party to those arrangements) whereby he contravenes or fails to comply in any respect with any of the provisions of this Act.” ; (d) By adding thereto the following subsection :— “ (4.) (a) All fish markets,, branch markets and depots (some of which are more particularly set forth in Schedule IV. to this Act) established, or purporting to have been established, by the Board pursuant to the provisions of subsection one of this section in any district at any time prior to the passing of “ The Fish Supply Management Acts Amendment Act of 1959 ” shall, notwithstanding any failure or defect in the establishment thereof, be and be deemed to be and to always have been validly and effectually established and the establishment of all such fish markets, branch markets and depots is hereby authorised, validated, ratified and confirmed accordingly.

1959. Fish Supply Management, Etc., Act. (b) No acts or proceedings of the Board, whether done or taken before or after the enactment of this subsection shall be, or be deemed to be or ever to have been invalid or illegal in consequence Only of any failure or defect in the establishment of any fish market, branch market or depot mentioned or referred to in paragraph (a) of this subsection provided that no person shall, by virtue of the enactment of this subsection, become liable to be convicted of an offence constituted by an act or omission committed or made by him before the enactment of this subsection contrary to a provision of this Act in relation to any such fish market, branch market.or depot.” 449 6. Section twenty-six of the Principal Act is amended ^Pe“^ment by adding thereto the words “ except under the authority ° 8' ’ of and in compliance in every respect with the requirements of a permit granted under section 27c of this Act, the onus of proof whereof shall rest upon the defendant 7. Section twenty-seven of the Principal Act is Amendments amended— of s'27' (a) By inserting in subsection one thereof before the words “ No person shall in any district ”, the words “ Except under the authority of and in compliance in every respect with the requirements of a permit granted under section 27c of this Act, the onus of proof whereof shall rest upon the defendant,” ; and (b) By repealing the first paragraph of subsection two thereof and inserting, in lieu of that repealed paragraph, the following paragraph :— “ As far as possible any species of fish for sale brought to a market and certified as fit for human consumption, shall be submitted for sale in the Order of priority in which it has been brought to that market, provided that subsequent to the first submission for sale the Board may in its absolute discretion determine the priority in which it shall be so submitted for sale.” 8. Section 27 a of the Principal Act is amended— Amendment* of s, 27 a * (i.) By inserting in paragraph (b) of subsection two * thereof, before the words “ No person shall at any time ”, the words “ Except under the authority of and in

450 Fish Supply Management, Etc., Act. 8 E liz . II. No. 62, compliance in every respect with the requirements of a permit granted under section 27c of this Act, the onus of proof whereof shall rest upon the defendant,”; and (ii.) By, in subsection eleven of that section— (а) Inserting therein before the words “ No person shall at any time ”, the words “ Except under the authority of and in compliance in every respect with the requirements of a permit granted under section 27c of this Act, the onus of proof whereof shall rest upon the defendant,”; and (б) By adding to that subsection the following paragraphs:— “ Subject to the approval of the Governor in Council the Board may, at any time and from time to time by notification published in the Gazette, declare any market to be an open market. The Board may at any time, with the like approval, rescind any such declaration by notification published in the Gazette. Notwithstanding the foregoing provisions of this subsection, it shall be lawful for any person to purchase fish at an open market.” Amendment 9. Section 27 b of the Principal Act is amended of a. 27 b . by inserting therein, before the words “ Any person refusing or failing ”, the words “ Except under the authority of and in compliance in every respect with the requirements of a permit granted under section 27c of this Act, the onus of proof whereof shall rest upon the defendant,”. New 8. 27c. 10. The following section is inserted after section 27 b of the Principal Act:— Exemption permits. “ [27c.] (1.) The Board may, from time to time by permit in writing and in such cases as may be prescribed or approved by the Minister (either generally or in the particular case), exempt from the operation of such of the provisions of sections twenty-six, twenty- seven, 27 a and 27 b of this Act as may be specified in the permit— (а) Sales of fish direct to local consumers or retail distributors; (б) Such portion of the catch of green prawns as the fisherman may require for his own use as bait;

1959. Fish Supply Management, Etc., Act. (c) The whole or such portion of the fisherman’s catch as the Board thinks fit; (d) Such small fishermen as the Board thinks fit; and (e) Such other sales and purchases or receipts of fish as may be prescribed or approved by the Minister. The exemption may be from all of the said provisions or from one or more of such provisions, according as is specified in the permit. ( 2 .) Every permit shall be granted subject to the payment by the permittee of such fees as may be prescribed and to such provisions, conditions and reservations as may be prescribed or, in so far as not prescribed, as the Board may determine. (3.) The power to grant any permit under this section with respect to any person or any matter or thing whatsoever shall include power to grant that permit so that it may be of general or specially limited application according to time, place, purpose, class, species or circumstances, or otherwise so that a permit of specially limited application may or may not differ from any other permit of specially limited application with respect to the same person, matters or things. (4.) The Board’s decision as to whether any specified person, matter or thing falls within the limits of any such exemption specified in the permit shall be final. (5.) The Board may, at any time by notification published in the Gazette, revoke any such permit. (6.) In the exercise of the powers conferred under this section the Board may act in the matter according as it, in its absolute discretion, deems fit.” 451 11, Subsection one of section thirty-seven < >1 the Amendments Principal Act is amended— of s. 37. <1>. (a) By repealing subparagraph (1 a ) of the £ econd paragraph thereof and inserting, in lieu of that re; sealed subparagraph, the following subparagraph :— “ (2 a ) Empowering, providing for, regulating and controlling the making by the Board in or in connection with the carrying on by the Board

452 Fish Supply Management, Etc., Act. 8 Buz. II. No. 62, of any business pursuant to this Act, with the consent of the Minister and upon such security as the Minister deems fit, of loans to fishermen and other persons engaged in or in connection with the fishing industry including, but without limiting the generality of the foregoing, loans for the purchase or repair of boats for fishing, nets and other gear used in or in connection with fishing, and plant, machinery and equipment used in or in connection with boats for fishing, the storage upon such boats or at depots of fish pending the sale or marketing thereof, and the transport of fish for the purposes of the sale or marketing thereof, and if in the opinion of the Board the special circumstances of the case so require it, for the payment of any marine insurance premium and other like charges in terms of any security taken or to be taken by the Board in respect of any such loan which payments shall be deemed to be part of the cost of purchase or repair of any of the aforesaid boats, nets and other things in respect of which the loan is granted; the making by the Board, with the like consent and upon the like security, of loans to agents including, but without limiting the generality of the foregoing, loans to enable them to provide and furnish suitable and sufficient premises, plant, machinery and equipment for the convenient carrying on or out such agencies; and the making by the Board, with the like consent and upon the like security, of loans to employees for the purchase of motor vehicles required by them for purposes of their employment.” ; (b) By inserting in subparagraph thirteen of the second paragraph thereof after the words “ cold storage ”, the words “ including, but without limiting the generality hereof, empowering the Board at its discretion to allocate and re-allocate space therein giving due regard to competing claims of owners of fish in cold storage and owners of more recently caught fish for

1959. Fish Supply Management, Etc., Act. which cold storage is sought from the Board, and to facilitate that purpose empowering the Board to remove from cold storage and dispose of, in such manner as it deems fit, any fish which, in the opinion of the Board, has become unsaleable ” ; (c) By adding thereto the following paragraph :— “ The power to make any regulation under this Act with respect to any person or any matter or thing whatsoever shall include power to make that regulation so that it may be of general or specially limited application according to time, place, purpose, class or circumstances, or otherwise as is prescribed, and so that any regulation of specially limited application may or may not differ from any other regulation of specially limited application with respect to the same person, matters or things.” 453 12. The following Schedule is added to the Principal aSdchdeeddu. le IV. Act, namely:— SCHEDULE IV. [s. 23(4).] Fish Supply District. Fish Market. Branch Market. Depot. Bundaberg Cairns .. Gladstone Innisfail Mackay .. Metropolitan .. .. .. .. .. .. Rockhampton .. Townsville .. Bundaberg .. Cairns .. Gladstone .. Innisfail .. Mackay .. Rockhampton Townsville .. Cleveland .. Maryborough Mooloolaba .. Scarborough Southport . Tewantin .. Tin Can Bay Wynnum .. •. Port Douglas # . Cardwell Proserpine Caloundra Pialba Sandgate Yeppoon Bowen Giru Home Hill Ingham Magnetic Island

454 Fish Supply Management, Etc., Act. 8 E liz . II. No. 62, 1959. Validation of 13. It is hereby declared that the Board always had eloxainstsi*ng due power and authority to make any and every loan made by the Board prior to the enactment of this section and every such loan, and any and every security taken by the Board therefore, is hereby validated, ratified and confirmed accordingly.