Fruit and Vegetables Act and Other Acts Amendment Act 1988 (Qld)

395 CU - ET ANNO TRICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. of 1988 An Act to amend the Fruit and Vegetables Act 1947-1972 in certain particulars and the Canned Fruits MarketingAct 1981- 1985 in a certain particular and to construe certain provisions of the Primary Producers'Organisation andMarketingAct Amendment Act1987 in respect of currency references [ASSENTED TO 26TH APRIL, 1988]

396 Fruit and Vegetables Act and Other Acts Amendment Act 1988, No. 35 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short Title . This Act may be cited as the Fruit and Vegetables Act and Other Acts Amendment Act 1988. 2. Commencement . (1) Section 1, this section and section 10 shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), the provisions of this Act or such of those provisions as are specified in the Proclamation shall commence on a date to be appointed by Proclamation. 3. Arrangement . This Act is arranged in Parts as follows:- PART I-PRELIMINARY (SS. 1-3); PART 11-AMENDMENT OF FRUIT AND VEGETABLES ACT (ss. 4-7); PART III-AMENDMENT OF CANNED FRUITS MARKETING ACT (ss. 8-9); PART IV-CONSTRUCTION OF PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT AMENDMENT ACT 1987 (s. 10). PART II-AMENDMENT OF FRUIT AND VEGETABLES ACT 4. Citation . (1) In this Part the Fruit and Vegetables Act 1947-1972 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Fruit and Vegetables Act 1947-1988. 5. Amendment of s. 5. Meaning of terms. Section 5 of the Principal Act is amended by- (a) omitting the definition "Class"; (b) in provision (a) of the definition "False mark"- (i) omitting the words "class,"; (ii) inserting after the words "texture," the words "use,"; (c) in the definition "Grade"- (i) omitting the words "class,"; (ii) inserting after the words "texture," the words "use,"; (d) inserting after the definition "This Act" the following definition:- "Use"-As respects fruit or vegetables, means their use for consumption whether as fresh fruit or vegetables or as cooked, processed, or otherwise treated fruit or vegetables;".

Fruit and Vegetables Act and Other Acts Amendment Act 397 1988, No. 35 6. Amendment of s. 9. Seller shall prominently mark the class of each variety of fruit or vegetables when grade standards are so prescribed. Section 9 of the Principal Act is amended by- (a) in the note to the section, omitting the word "class" and substituting the word "use"; (b) omitting the word "class" where it twice occurs and substituting the word "use" in each case. 7. Amendment of s. 18 . Regulations . Section 18 of the Principal Act is amended by- (a) in subsection (I )- (i) in provision (i)- (A) omitting after the words "variety, and/or" the word "class" and substituting the word "use"; (B) omitting after the words "appearance," the words "class,"; (C) inserting after the words "texture," the words "use,"; (ii) in provision (ii), omitting the word "class" where it twice occurs and substituting the word "use" in each case; (iii) in provision (vii), omitting the word "class" and substituting the word "use"; (b) inserting after subsection (2) the following subsection:- "(2A) Regulations hereunder may- (a) adopt wholly or in part and either by way of reference or by way of express specification therein and with any alteration, amendment, modification or variation, any of the standards, rules, codes or specifications- (i) contained in an Act of the Commonwealth, or any regulations or other instruments made thereunder; (ii) published by the Standards Association of Australia, the British Standards Institution, the National Health and Medical Research Council or the International Organization for Standardization or a like body identified in the regulations, whether as in force at the time of adoption or as amended or replaced from time to time; (b) provide, subject to any conditions which may be imposed by the Governor in Council in the regulations, for the approval of the Minister or a

398 Fruit and Vegetables Act and Other Acts Amendment Act 1988, No. 35 person authorized in writing by the Minister to be the standard to be applicable in respect of- (i) dates on or after which apples are deemed to be mature; (ii) packages for which approval is sought for experimental purposes with fruit and vegetables; (iii) maturity standards for fruit and vegetables."; (c) omitting subsection (4). PART III-AMENDMENT OF CANNED FRUITS MARKETING ACT 8. Citation . (1) In this Part the Canned Fruits Marketing Act 1981- 1985 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Canned Fruits Marketing Act 1981-1988. 9. Amendment of s. 5. Interpretation . Section 5 of the Principal Act is amended by, in the definition " season ", omitting the expression "7" and substituting the following words "8, or such other number (not exceeding 10) as may be determined by Order in Council,". PART IV-CONSTRUCTION OF PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT AMENDMENT ACT 1987 10. Construction of certain provisions of Act No. 57 of 1987. (1) Sections 9, 19, 29, 31, 32 and 33 of the Act No. 57 of 1987, being the Primary Producers' Organisation and Marketing Act Amendment Act1987 shall be read and construed with the modifications specified in the following Table:- TABLE Section modified Modification s. 9 s. 19 s. 29 s. 31 "one thousand dollars" wherever occurring therein shall be read as "five hundred pounds"; "forty dollars" shall be read as "twenty pounds"; "not more than two hundred dollars" shall be read as "not more than one hundred pounds"; "not more than four hundred dollars" shall be read as "not more than two hundred pounds"; "not more than one thousand dollars" shall be read as "not more than five hundred pounds"; "ten dollars" shall be read as "five pounds"; "two hundred dollars" shall be read as "one hundred pounds";

Fruit and Vegetables Act and Other Acts Amendment Act 399 1988, No. 35 Section. modified TABLE- continued Modification s. 32 s. 33 "four hundred dollars" shall be read as "two hundred pounds"; "twenty dollars" shall be read as "ten pounds" "ten dollars" shall be read as "five pounds"; "one hundred dollars" shall be read as "fifty pounds". (2) A section referred to in subsection (1) shall have effect and shall be taken always to have had effect subject to the modification prescribed by subsection (1) in respect of that section.