FLOUR ACQUISITION (AMEND-
MENT) ACT.
Act No. 50, 1931.
An Act to amend the Flour Acquisition Act, 1931, in certain respects; to validate certain matters; and for purposes con- nected therewith. [Assented to, 7th October. 1931.]
| BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- | lative Council and Legislative Assembly of Xcw South |
| Wales in Parliament assembled, and by the authority of the same, as follows :—• |
| 1 . (1) This Act may he cited as the "Flour Acquisition (Amendment) Act, 1931," and shall he read and construed with the Flour Acquisition Act, 1931. |
| (2) The Flour Acquisition Act, 1931, is in this Act referred to as the Principal Act. | |
| 2. | (1) | T h e Pr inc ipa l A c t is | a m e n d e d — |
(a) (i) by omi t t ing from subsect ion one of section five t he words " o f a s imilar grade or qua l i ty a t t h e da te of ves t ing or acquis i t ion as fixed " and by inse r t ing in lieu thereof t h e words " a s fixed from t ime to t i m e " ;
(ii) by inserting at the end of the same sub section t he following w o r d s : " Such pr ice m a y he fixed a t a un i fo rm r a t e w i t h o u t regard to grade or qual i ty .
| A | fixation | of | t h e fair a n d | reasonable |
price of flour u n d e r th i s subsect ion shal l no t have a n y force or effect unless and u n t i l a notification thereof is publ ished in
Evcvy such notification shall come in to
| force | u p o n | t h e | da te | of | t h e | publ ica t ion |
| thereof | in t he Gaze t t e , a n d shal l r ema in | in |
| force un t i l rescinded or var ied by a | fu r ther |
| notification | pub l i shed | in | l ike | m a n n e r . |
The pr ice specified in a notification shal l be t h e fair and reasonable pr ice of flour for t he purpose of asce r ta in ing the compen sation to be paid in respec t of a n y flour acqui red by or vested in H i s Majes ty u n d e r
| th i s | Ac t a t | any t ime | d u r i n g t h e period | in |
which the notification remains in force."
The produc t ion of a copy of t h e Gazet te p u r p o r t i n g
| or any notif ication deemed to have been | to conta in | a n y | such | notification |
| m a d e | u n d e r | th i s | subsect ion | shall | b | con |
clusive evidence of t he m a t t e r s conta ined in t he notification and of t he pr ice of flour thereby fixed.
| (iii) by omi t t i ng subsect ion th ree of t h e | same |
sec t i on ;
(iv) by inserting in subsection four of the same section immedia te ly before t h e words " Such c o m p e n s a t i o n " t h e words " S u b j e c t to th is A c t " ;
(b)
| (b) by o m i t t i n g | from | pa rag raph (b) | of subsection |
four of section six the words " compensa t ion fixed by the commi t t ee , for flour of a similar grade or qua l i ty " a n d by inser t ing in lieu thereof t he words " p r i c e specified in a notification of t he fair a n d reasonable pr ice fixed by t h e commi t tee unde r subsection one of section five of th i s Act in force a t the da te of vest ing by or acquisi t ion u n d e r this A c t
| (2) Subsect ion one of th is section shall be deemed to have commenced on the t h i r t i e t h clay of | March , one |
| thousand | n ine | h u n d r e d | and | th i r ty -one . |
| (3) T h e | fixation | by the commi t t ee on the twen ty - |
four th day of M a r c h , one thousand nine hund red and th i r ty -one , of t he price of seven pounds five shi l l ings pe r ton of flour and the notification thereof publ ished in t he Gove rnmen t Gazet te n u m b e r forty of t h e t w e n t y -
| seventh day of M a rc h , one thousand n ine h u n d r e d | and |
| th i r ty -one , are hereby val idated and shal l be deemed | to |
| have been validly made u n d e r subsect ion one of | section |
| five of the P r inc ipa l A c t as amended by this Ac t . |
(4) The fixation by t h e Governor of the s tandard
pr ice of flour a t ten pounds per ton and the proclamat ion
thereof publ ished in the G o v e r n m e n t Gaze t te n u m b e r
| for ty | of t he twen ty - seven th | day of M a r c h , one | thousand |
n ine hund red and th i r ty -one , are he reby val idated and shal l be deemed to have been val idly made u n d e r sub section four of section six of the P r inc ipa l A c t as
| 3. | The Pr inc ipa l Ac t is fu r ther | a m e n d e d — |
| (a) | by inserting at the end of subsection five of |
| section six the following | p a r a g r a p h | :— | |
If such ba lance of pu rchase money remains
| u n p a i d | af ter | t h e | expi ra t ion | of | twen ty -e igh t |
| days from the t ime prescr ibed u n d e r | th i s | sub |
section for t h e p a y m e n t thereof, t h e person l iable to pay such ba lance shal l be gu i l ty of an offence a n d shal l be l iable upon s u m m a r y
| convic t ion | before | a | s t ipendiary | or | police |
mag i s t r a t e ,
magis t ra te , or two just ices, to a pena l ty of no t less than twenty- l ive pounds and not exceeding five hundred pounds .
| W h e r e | a | prosecut ion | is | t aken | u n d e r | th i s |
subsect ion by or on behalf of t he A t to rney - General , or by any person wi th t h e consent of t he At to rney-Genera l , the cour t before which t h e offender is convicted may , in addi t ion to t h e pena l ty imposed u n d e r t he foregoing pro visions, order the offender to pay to the Minis te r in such m a n n e r as t h e cour t directs t he balance of purchase money in respect of t h e non -paymen t of which the offence was commit ted , and such order shall be enforceable
| in t he same m a n n e r as an order of the | cour t . |
N o t h i n g in this provision shall affect any remedy of t h e A t to rney -Gene ra l aga ins t t h e offender or any other person for recovery of t he said balance of purchase money.
| (b) (i) by omi t t i ng from | subsection three of |
section th i r t een t h e words " Tor the pur pose of ascer ta in ing w h e t h e r any offence has been commit ted against t h e provisions of th is section " ;
(ii) by omitting from the same subsection the words " subsection one of this section " and by inser t ing in lieu thereof the words
| (c) by omi t t ing from subsection one of section fourteen the words " a s is specif ied" and b y |
inser t ing in l ieu thereof the words " o r from t i m e to t ime a t such intervals as may be specified " ;
| (d) | by inserting after section sixteen the following new section :— |
| 16A. I n a n y act ion, suit , or proceeding | t h e |
product ion by or on behalf of H i s Majes ty , t he At torney-Genera l , or t he Minister , or by or on behalf of any person t a k i n g a prosecu t ion or o ther proceeding wi th t he consent of
t he
| t h e At to rney-Genera l , of a certificate | purpor t |
| i ng to be s igned by the W h e a t | Commissioner |
| appoin ted | unde r t h e W h e a t | Ac t , | 1927— |
| (a) t h a t | flour | of | a | q u a n t i t y s ta ted in | t he |
certificate be longing to a person named the re in was a t a t i m e s ta ted the re in vested in or acqui red by H i s Majes ty
| u n d e r | th is | A c t ; | and /or |
| (b) | t h a t t h e s u m there in s ta ted is the com pensa t ion to be paid to a person named the re in for any q u a n t i t y of flour men t ioned the re in vested in or acqui red by H i s Majes ty unde r this A c t ; and /o r |
| (c) | that flour vested in or acquired by His |
| Majes ty u n d e r th is A c t has been to | t h e | |
q u a n t i t y s ta ted in t he certificate, sold or disposed of by t he person n a m e d the re in a t t he t ime or dur ing the period
| s ta ted in the certificate ; | and /o r | |
| (d) | that the balance of the purchase money to be paid to t h e Min i s te r in accordance wi th t he provisions of subsection five of section six of th is Ac t by t he person named in t h e certificate a m o u n t s to a s u m specified in t h e certificate and has become due and payable by such person on a day specified in t h e certificate, |
shall he p r ima facie evidence of t h e facts and
| m a t t e r s | so | certified. |