Fruit and Vegetables Act Amendment Act of 1959 (8 Eliz Ii No. 9) (Qld)

I. PUBLIC ACTS OF THE PARLIAMENT OF QUEENSLAND, 7° AND 8° ELIZ. II. * ABATTOIRS. See S tock . AGRICULTURAL BANK. See B anking . AGRICULTURE. (1) Fruit and Vegetables Act Amendment Act of 1959 ............................................... (2) Margarine Act of 1958 .. .. .. (3) Wheat Industry Stabilisation Act of 1958 .. 8 Eliz. II. No. 9 7 Eliz. II. No. 75 7 Eliz. II. No. 63 An Act to Amend “The Fruit and Vegetables 8 E N l O ik . . 9 I . I. Act of 1947/’ in certain particulars. T he F ruit and V egetables A ct [A ssented to 6 th A pril , 1959.] A mendment A ct of 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:— 1. (1.) This Act may be cited as “ The Fruit and short title. Vegetables Act Amendment Act of 1959.” (2.) *“ The Fruit and Vegetables Act of 1947,” is Principal in this Act referred to as the Principal Act. 0' * 11 G. 6 No. 29. A

2 AGRICULTURE. Fruit and Vegetables Act Amendment Act. 8 E liz . II. No. 9, Collective (3.) The Principal Act and this Act may be tlte’ collectively cited as “ The Fruit and Vegetables Acts, 1947 to 1959.” Amendment* 2. Subsection one of section five of the Principal °f s. 5(1). Act is amended— inspector. (i.) By, in the definition of the term “ Clean ” in that subsection— (a) Inserting before the word “ package ” where • that word first occurs, the words “ fruit, vegetables, or ” ; and (b) Inserting after the words “ is likely to render ” the words “ the fruit or vegetables unfit for sale or (in the case of any such package) ” ; (ii.) By, in the definition of the term “ Fruit ” in that subsection— (а) Repealing the word “ avocados ” and by inserting, in lieu of that repealed word, the word “ avocadoes ” ; (б) Inserting, after the word “ nectarines ”, the word “ nuts ” ; and (c) Inserting, after the word “ peaches ”, the word “ peanuts ” ; (iii.) By repealing the definition of the term “ Inspector ” in that subsection and by inserting, in lieu of that repealed definition the following definition :— “ “ Inspector ”—Any inspector appointed under this Act and any person appointed under this Act for the time being to perform the whole or part of the duties of an inspector : The term also includes any inspector appointed under *“ The Diseases in Plants Acts, 1929 to 1948 ” ; ” (iv.) By inserting in the definition of the term “ Package ” in that subsection, after the word “ box ”, the word “ carton,” ; and (v.) By, in the definition of the term “ Vegetables ” in that subsection— (а) Inserting after the word “ cabbages ”, the word “ capsicums,” ; and (б) Inserting, after the word “ eschallots ” , the word “ ginger,”. * 20 G. 5 No. 11 and amending Acts.

AGRICULTURE. 3 1959. Fruit and Vegetables Act Amendment Act. 3. The following section, numbered 5 a , is inserted after section five of the Principal Act:— ' “ [5 a .] (1 .) The Governor in Council may from officers, time to time by notification published in the Gazette appoint under and for the purposes of this Act such inspectors and other officers as he deems necessary for the effectual execution of this Act. The Minister may from time to time by writing under his hand appoint under and for the purposes of this Act such and so many competent persons as he deems necessary to perform the whole or such part of the duties of an inspector as may be specified in the appointment and may cancel any such appointments and may cause a notification or notification^ of all or any of such appointments or such cancellations to be published in the Gazette. (2.) Every person appointed an inspector or to perform the whole or any part of the duties of an inspector shall be furnished with a certificate of appointment and upon applying for admission to any place shall, if required, produce such certificate to the occupier of the place.” 4. Subsection one of section six of the Principal ^e“d“®nt Act is amended by inserting, after subparagraph (a) of° 8’ ’ that subsection, the following subparagraph (aa )— “ (aa) Pack for sale or sell any fruit or vegetables which is or are not clean ; or 5. The following section, numbered 9 a , is inserted News. 9 a . after section nine of the Principal Act:— “[P a .] A person selling by retail fruit and/or^lej^tofruit vegetables in, upon, or from any place shall not sell the ^ay mi whole or any part of any package or lot of fruit or vegetables, vegetables unless the whole or part of that package or lot of fruit or vegetables is prominently displayed so as to be easily discernible by any purchaser in or upon such place and so that so much of such fruit or vegetables as is or are on display is or are a true indication of the average grade throughout of the whole of the fruit or vegetables contained in such package or lot.”

4 AGRICULTURE. Fruit and Vegetables Act Amendment Act. 8 Euz. II. No. 9, Amendments of s. 11. 6. Section eleven of the Principal Act is amended— (i.) By repealing subsection two of that section and by inserting, in lieu of that repealed subsection, the following subsections:— “ (2) A person to whom any package of fruit or vegetables has been consigned for or on sale by wholesale shall not reconsign that package for sale by the reconsignee otherwise than by retail unless, in respect of that package, he has complied with the requirements of subsection one of this section in all respects as if he were the packer thereof. (3.) Marking as hereinbefore in this section specified shall be in the form of a label or brand, clearly legible, fixed on one end of every package in a reasonably permanent manner and shall be in letters or figures of not less than one-quarter of an inch in height if printed on the package or applied by means of a printed paper label, and not less than three-quarters of an inch in height if stencilled on the package, otherwise the package concerned shall be deemed to be not marked in accordance with the requirements of subsection one or, as the case may be, subsection two of this section : Provided that cardboard or cloth tag labels may be used in the case of open mesh bags and other bags not suitable for marking in the manner prescribed by this subsection three but not otherwise. (4.) A person shall not sell by wholesale any package of fruit or vegetables which has not been marked in accordance with the requirements of this section. (5.) In a proceeding under or for a purpose of this Act in which it is material to prove that any person was the packer of any package of fruit or vegetables, evidence that the name of that person was marked on the outside or inside of that package or on any slip or label therein or thereon as the packer thereof shall be evidence, which until the contrary is proved, shall be deemed conclusive evidence, that he was the packer of that package.” ; and (ii.) By renumbering subsection three of that section as subsection six thereof.

AGRICULTURE. 5 1959. Fruit and Vegetables Act Amendment Act. 7. Section fourteen of the Principal Act jg Amendments amended— of »• u- (i.) By repealing subsections two, three, and five of that section and by inserting, in lieu of thos e repealed subsections, the following subsections (£.) Any inspector may, in lieu of taking away, detaining and securing any fruit, vegetables, or package which he has seized under this section, place in a conspicuous position upon any such fruit, vegetables, or package or upon the package, container, or any heap or other collection or place, door, or opening containing or affording access to the same a notice in the prescribed form or a form to the like effect signed and sealed by him and specifiying so as to sufficiently identify it, the fruit, vegetables, or package seized and the place wherein or whereon it is situated at the time of seizure and the date and-time of such seizure, and thereupon any such fruit, vegetables, or package shall be deemed to be in the custody and possession of that inspector unless or until the inspector by notice placed in like manner as aforesaid notifies that he has gone out of possession of the fruit, vegetables, or package concerned. Every person who without authority alters, uses, interferes with, removes, or disposes of in any way any such fruit, vegetables, or package, or attempts to do any such act whilst it is, pursuant to this section, deemed to be in the custody and possession of an inspector shall be guilty of an offence against this Act. . Penalty : Two hundred pounds or imprisonment for six months. (3.) Where under this Act an inspector is empowered to seize any fruit or vegetables such power shall extend to and include any package, heap, or other collection containing such thing. # Where under this Act an inspector is empowered to seize any package, such power shall extend to and include any fruit or vegetables contained in any such package. (4.) Where any fruit, vegetables, or package seized under the provisions of this Act does or do not comply in every respect with the provisions of this Act or where any provision of this Act has not been complied with in

6 AGRICULTURE. Fruit and Vegetables Act Amendment Act. 8 E liz . II. No. 9, relation to any fruit, vegetables, or package seized under this Act, an inspector may direct the person apparently having the possession or control of such fruit, vegetables, or package immediately prior to the time of such seizure to do and execute or cause to be done and executed, forthwith, or within such time as the inspector specifies, all such acts, matters, and things as, in the opinion of the inspector, are necessary to ensure that the fruit, vegetables, or package concerned shall comply in every respect with the provisions of this Act or that the provisions of this Act shall be complied with in relation to the fruit, vegetables, or package. (5.) Any fruit, vegetables, or package seized under the provisions of this Act shall be dealt with as prescribed and, in so far as is not prescribed, in accordance with any general or special direction of the Minister. (6.) Where any fruit, vegetables, or package is or are seized under the provisions of this Act by an inspector, the inspector shall, within twenty-four hours after such seizure, notify the owner or agent of the owner of the fruit, vegetables, or package, if known to him, of such seizure and of any action taken or proposed to be taken with respect to the fruit, vegetables, or package. Any such notice may be given in the manner prescribed in subsection seven of this section.” ; (ii.) By renumbering subsection four of that section as subsection seven thereof; (iii.) By renumbering subsection six of that section as subsection eight thereof; and (iv.) By inserting in subsection eight of that section (as renumbered by this section), after the words “ otherwise dealing ”, the words “ in any manner whatsoever, whether of a like nature or not,”. Forgery of certificate, &c. 8. The following section, numbered 15 a , is inserted after section fifteen of the Principal Act:— “ [25 a .] A person shall not— (i.) Forge or counterfeit any certificate, permit, notice, document, mark or other writing under this Act; or (ii.) Utter, or make use of any such certificate, permit, notice, document, mark or other writing so forged or counterfeited ; or

AGRICULTURE. 7 1959. Fruit and Vegetables Act Amendment Act. (iii.) Personate any person named in any certificate, permit, notice, document, mark or other writing under this Act; or (iv.) Falsely pretend to be an inspector; or (v.) Connive at any such forging, counterfeiting, uttering, making use, personating or pretending as aforesaid. Penalty: One hundred and fifty pounds or imprisonment for six months.” 9. Section seventeen of the Principal Act is Amendments amended— ofs-17- (i.) By inserting in that section, after subsection one thereof, the following subsection:— “ (la.) Where any person under the authority of this Act directs anything to be done or forbids anything to be done by another person then if that other person fails to do the thing directed to be done or, as the case may be, does the thing forbidden to be done, that other person shall be guilty of an offence against this Act.” ; and (ii.) By adding to in subsection three of that section, after the words “ of an inspector ”, the words “ or of a member of the Police Force.”. Princ1ip0a.lSAubctseisctaiomnenodneed- of section eighteen of the oAfms. en1d8m. ents (i.) By renumbering subparagraph (xiv.) of the first paragraph of that subsection as subparagraph (xvii.) thereof; and (ii.) By inserting, after subparagraph (xiii.) of the first paragraph of that subsection, the following subparagraphs:— “ (xiv.) Prescribing, regulating, and controlling all matters and things with respect tc> samples of fruit or vegetables or packages including the method of taking samples, the quantity or weight of samples, the labelling of samples and the examination or analysis, or the examination and analysis, of samples; (xv.) Prescribing, regulating, and controlling the method of dealing with any fruit, vegetables, or package seized under this Act including but without limiting the generality hereof

8 AGRICULTURE. Margarine Act. 7 E liz . II. No. 75, the treatment, sorting, handling, storage, transport, sale, destruction, or other disposal by any means whatsoever of any such fruit, vegetables, or package and the disposal of the proceeds of any such sale or other disposal; (xvi.) Prescribing the matters or things in respect whereof fees, costs, charges, and expenses shall be payable under this Act, and the amounts of such fees, costs, charges, and expenses, and prescribing the persons who shall be liable for the payment of such fees, costs, charges, and expenses, and when such fees, costs, charges, and expenses shall be payable and paid, and providing for the manner of payment thereof and for the recovery of any amount thereof not duly paid.” 7 NELo. IZ7. 5I. I. An Act to Consolidate and Amend the Law relating T he M argarine A ct of 1958. to the manufacture and Sale of Margarine, and for other purposes. [A ssented to 19 th D ecembeb , 1958.] 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. 1. (1.) This Act may be cited as “ The Margarine Act of 1958.” CmoemntmoefnAcec­ t. first ( d2.a)yTohfisJaAnuctarysh, aollnecotmhoeusianntdo noipneerahtuionndroedn atnhde fifty-nine. sRaevpineagls. and repea2le. d*. “ The Margarine Acts, 1910 to 1950,” are hereby * 1 G. 5 No. 9 and amending Acts.