Fruit Cases Act Amendment Act 1933 (WA)

No. 22.1 Fruit Cases. [1933..

FRUIT CASES.

24° GEO, V., No. XXII.

No. 22 of 1933.

AN ACT to amend the Fruit Cases Aet, 1919-1932.

[Assented to 13th November, 1933.3

Council and Legislative Assembly of Western Australia, inDE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows :—

Short title. 1.

This Act may be cited as the Fruit Cases Act Amend- ment Act, 1933, and shall be read as one with the Fruit Cases Act, 1919-1932 (No. 40 of 1919 as amended by No. 7 of 1932), hereinafter referred to as the principal Act.

See No. 7 of

1932, s. 3.

Amendment

of s. 2. 2. Section two of the principal Act is amended by insert-

ing after the definition of "Inspector" a definition, as fol-

lows :—

"Second-han.d case" means a case which has been used for containing fruit and out of which the fruit pre- viously contained therein has been removed.

Amendment 3.

Section eight of the principal Act is amended by de- leting the whole of subsection (1) as amended by the Act No. 7 of 1932 and inserting in lien thereof a subsection, as follows :-

of s. S.

(1.) Except as hereinafter provided, no person

(a) sell or export fruit in a case which has previously

been used for any purpose whatever; or

1933.] Fruit Cases. [No. 02.

(b) have in any such case fruit intended for sale or ex-

port:

Provided that, subject to the regulations under this Act and the regulations under the Plant Diseases Act, 1914, nothing in this section shall prevent a case, which has been used for any purpose hereinafter mentioned, and no other, from being used again for containing fruit to the extent and subject to the conditions following, that is to say-

(i)    When fruit sold to a registered factory buyer for the purpose of his business has been sent to his factory in a ease, the case may, after undergoing the prescribed inspection and treatment, be used again for containing fruit to be carried to the premises of any registered factory buyer, such fruit having been sold to hint -for the purposes of his business;

(ii)    When bananas or pineapples have been imported into the State in a prescribed case, or when ban- anas or pineapples grown within the State have been carried within the State in a prescribed case, such case may, after undergoing the prescribed inspection and treatment, be used again for con- taining either bananas or pineapples or vegetables (not being fruit);

(iii)    A second-hand case may be used for containing fruit intended for sale, or for conveying fruit to a pack- ing shed for packing prior to sale or export, so long as the case is clean and free from disease, and the brands and marks (if any) thereon of any previous packers or growers are first removed therefrom, and the provisions of section five of this Act are duly complied with in relation to such case;

(iv)    Fruit contained in a second-hand case as authorised by paragraph (iii) of this proviso shall be sent or carried only in accordance with regulations which may specify the method of transport and the places from and to which such case may be sent or car- ried;

(v)

If an inspector finds a second-hand case being sent

or carried, whether containing fruit or not, which

in his opinion is unfit to contain fruit by reason

No. 22.] Fruit Cases. [1933..

of disease or uncleanliness found therein, or which is being used, sent, or carried in contravention of this section, or any regulations relating thereto, the inspector may seize such case, and, subject to paragraph (vi) of this proviso, may destroy the same without incurring any liability whatsoever in respect thereof, and such seizure and destruc- tion shall be effected at the expense of the sender of the fruit;

(vi)    When any case seized by an inspector under para- graph (v) hereof contains fruit, the inspector,. prior to destroying the ease, shall require the per- son in whose possession the case was found, to re- move the fruit from such case, and, if such person shall fail, refuse, or neglect so to do, the inspec- tor may himself remove the fruit from the case and leave it at the place where the case was seized a.s aforesaid; and neither the inspector nor the- Crown, nor any common carrier, shall incur any liability whatsoever in relation to any damage, occasioned by reason of the fruit being removed from the case as aforesaid;

(vii)    Any expense incurred by an inspector in relation to the seizure and destruction of any case under the authority of paragraphs (v) and (vi) hereof for the payment of which any person is liable Tinder this section, may be recovered by action from such person at the suit of the Director of Agricul- ture in any court of competent jurisdiction.

New section. 4. A section is inserted in the principal Act, after section

twelve, as follows:—

Evidence. 13. In any proceedings in respect of offences under

this Act

(a)	no proof shall be required of the authority of the inspector to take the proceedings, or of his ap- pointment as such inspector; and
(b)	the person whose name is marked on the outside of a case as the grower or packer of the fruit contained therein shall be deemed to be the grower or packer of such fruit until the con- trary is proved.

Citation of

principal Act 5. The principal Act as amended by this Act may be cited

as amended. as the Fruit Cases Act, 1919-1933.