Flour Acquisition (Amendment) Act 1932 (NSW)
FLOUR ACQUISITION
(AMENDMENT) ACT.
Act No. 44, 1932.
An Act to extend the period during which the Flour Acquisition Act, 1931, as amended by the Flour Acquisition (Amendment) Act, 1931, and the Flour Acquisition (Further Amendment) Act, 1931, is to remain in force; to further amend the Flour Acquisition Act, 1931; and for purposes connected therewith. [Assented to, 21st December, 1932.]
| lative Council and Legislative Assembly of New South | BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- | |
| Wales in Parliament assembled, and by the authority of the same, as follows :— | ||
|
(2) The Flour Acquisition Act, 1931, as amended by the Flour Acquisition (Amendment) Act, 1931, and the Flour Acquisition (Further Amendment) Act, 1931, is in this Act referred to as the Principal Act.
(3) The Principal Act, as amended by this Act, may
be cited as the Flour Acquisition Act, 1931-1932.
2 . The Principal Act is amended—
(a)
by omitting from the definition "wheat" in section two the words "one thousand nine hun dred and thirty-two" and by inserting in lieu thereof the words "one thousand nine hundred
and thirty-three' ' ; (b)
by omitting from subsection two of section three the words "one thousand nine hundred and thirty-three" and by inserting in lieu thereof the words "one thousand nine hundred and thirty- four."
3. The Principal Act is further amended—
(a) by omitting section four and by inserting in lieu thereof the following section:— 4. (1) The Minister or an officer of the public service authorised in writing by the Minister cither generally or in a particular case may, by order in writing under his hand served upon any person being the owner of or having the control or disposal of any flour described or referred to in the order, declare that any such flour is
acquired by His Majesty. The power conferred by this subsection shall not be exercised after the thirty-first day of December, one thousand nine hundred and thirty-three. (2) In any such order it shall be sufficient to describe the flour so acquired as flour in a certain locality or place, or as flour owned by or in the control or disposal of a certain person or in any other manner by which the flour may be identified.
(3).
(3) Such order shall be deemed to have been sufficiently served—
(a) if delivered personal ly ;
(b)
if delivered addressed to the person upon whom it is to be served to some person of or above the age of sixteen yea r s at the last known place of abode or business in or out of New South Wales of such first-
mentioned pe r son ; (c)
if sent by post in a registered letter addressed to the person upon whom it is to be served by name a t his aforesaid place of abode or business, and if tha t let ter is not re tu rned th rough the pos t office undelivered then the order shall be deemed to have been served at the t ime when the regis tered le t ter would in the
o rd ina ry course be del ivered; (d)
if served in the manner prescribed in Part I I I of the Companies Act, 1899, or in P a r t I I I of the Companies (Amendment) Act, 1906, as the case may require when the person upon whom the order is to be served is a company;
(e)
in any other manner directed by a judge of the distr ict court upon an applicat ion in tha t behalf.
(4) Upon the service of any such order the
flour described or re fer red to in the order shallcease to be the p rope r ty of the then owner
lute p rope r ty of His Majesty free from any thereof and shall become and remain the abso mortgage, charge, lien, pledge, interest , t r u s t or encumbrance affecting the same, and the r igh ts and interes ts of every person in the flour at the da te of such service shall, subject to this Act, be converted into a claim for compensat ion in pursuance of the provisions of this Act.
(5) The product ion of any such order or of a copy thereof or of a te legram pu rpo r t i ng to be a demand pu r suan t to such order and to be signed by the Minis ter or the officer of the
public
public service author ised in tha t behalf as afore said shall be sufficient au tho r i t y for the delivery of possession of any flour described or refer red to in such order or demand.
Any such flour may without any w a r r a n t other than th i s Act be seized and taken possession of by any pe r son author ised either general ly or in any par t i cu la r case in wr i t ing by the Minis ter in tha t behalf, or any such person may a r r a n g e with the previous owner or the person having the control or disposal of the flour for its delivery a t a t ime and place agreed upon to some person on behalf of H i s Majesty.
(6) Any person who refuses to deliver any flour described or re fe r red to in any order or demand or who h inders or obstructs any autho r ised person in the exercise of his powers under this section or who neglects or refuses to ca r ry out any a r r angemen t made under subsection five of th is section for the delivery of any flour shall be guil ty of a n offence against this Act and shall be liable to a penal ty not exceeding two hundred pounds.
(7) Unt i l the power conferred by subsection five of this section is exercised or unt i l the flour is purchased in accordance with this Act the person in whose possession the flour is a t the da te of acquisit ion shall hold it on behalf of His Majesty, but until possession of the flour is taken in pursuance of such subsection or unt i l the flour
is purchased in accordance with this Act the flour shall be a t the risk of the previous owner, and in the event of loss or des t ruc t ion no compensa tion shall be payable . (8) (a) I n any action, suit, or proceeding the product ion of a copy of any order unde r t h i s section p u r p o r t i n g to be signed- by the Minis ter or by the officer of the public service author ised as aforesaid shall, upon proof of ser v ice by affidavit or otherwise, be conclusive evidence tha t upon the da te appea r ing on the
copy
copy of the order the flour therein described or referred to was the absolute p roper ty of His Majesty.
(b) The author i ty of any officer of the public service authorised in pursuance of this section may be proved by the product ion of his au thor i ty in wri t ing or of a copy of the Gazette containing a notification of his author i ty .
(b) by omitting from subsection four of section six the words sold or disposed of " and by insert ing in lieu thereof the words " purchased or deemed to be purchased " ; (c) by omitting section eight and by inserting in lieu thereof the following section:— 8. (1) Any member of the police force or any officer of the public service duly author ised by the Minister in tha t behalf may for the pur poses of this Act at any reasonable t ime enter and search any premises or p a r t thereof in which he has reason to believe there is any flour.
(2) Any person who obstructs , h inders , p revents , or in terferes with any member of the police force or officer so author ised shall be liable to a penal ty not exceeding one hundred pounds or impr isonment not exceeding six months .
(d) by inserting at the end of section thirteen the following new subsection :—
(4) Any person who obstructs , h inders , p re
vents , or in terferes with any officer so author ised
neglects to produce such books, vouchers, ac or who, when requested so to do, refuses or
count sales, r e t u r n sales, documents or wr i t ings shall be guil ty of an offence agains t this Act.
(e)
by inserting at the end of section fourteen the following new subsection:—
(3) I n any prosecution under this section—
(a)
the production of a copy of the notice pu rpor t ing to be signed by the Minister shall be p r ima facie evidence of the con tents of the notice and of the s ignature
of the Minis te r ;
| M | (b) |
(b)
a certificate purporting to be signed by the Minister that such of the re- quirements of the notice as are speci- fied in the certificate have not been complied with at the time stated in the certificate shall be prima facie evidence of the facts and matters so certified.
0
0
0