Fruit Cases Act of 1912 (3 Geo v No. 26) (Qld)

I PUBLIC ACTS OF THE PARLIAMEN~-' OF Q-UEENSLAND" 3° GEORGII V. AGRICULTURE. An Act to Regulate the Size and Descript~ on ofCases 3 Geo. V. used in the Sale and Export of Fruit, and for TH N E o. F 2R0 U . IT purposes incidental thereto. CASES AOT Ob' 1912. [ASSENTED 'fO 7'fH DECEMBER, 11.)12.J B E 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 Queensland in Parliament assembled, and by the authority of the same, as follows :- I. This Act may be cited as " The Fruit Cases Aat of Shorttitlean:l 1912," and shall commence and take effect on and from commence- the first day of .July, one thousand nine hundred and ment. thirteen. 2. In this Act, unless the context otherwise indicates, Interpreta- the following terms have the meanings respectively tion. assigned to them, namely,- "Case"-Any box, case, or receptacle used, or Case. capable of being used, or intended to be used, Va.No.205!J, for containing fruit; s.2. "Disease"-Any disease which the Governor in Disea,se. Council, by Order in Council published in the Gazette, declares to be a disease within the meaning of this Act, and whether or not caused by or consisting of the presence of insect or fungus; " 1!'ruit "-Apples, apricots, bananas, cherries, Fruit. currants, figs, gooseberries, Cape gooseberries, grapes, loquats, lemons, mangoes, nectarines, oranges, passion-fruit, peaches, pears, persim- mons, pineapples, plums, quinces, or tomatoes, or any fruit declared by the Governor in :! Council, by notification in the G(lzette, to be ~ fruit within the meaning of the Act;

5442 AGRICULTURE. Fruit CI7S(,8 .Act. 3 Gm. V. No. 26. Minillter. Prescribed. Sell. " Minister"-The Secretary for Agriculture or other Minister of the Crown for the time being charged with the administration of this Act; "Prescribed "-Prescribed by this Act or regula- tions made thereunder; " Sell" includes barter and offering or attempting to sell, or exposing for sale, or receiving for sale, or sending, forwarding, or delivering for sale. Non.applica. 3. Save as heff~ in provided, the restrictions contained tioll. in this Act shall not apply to the sale or expo!'t of fruit- :tNo.2059, (a) In a tray, basket, cask, or bucket of any shape or size whatsoever; or (b) In a crate within which thl:'re are trays for such fruit. But every package referred to in paragraphs (a) and (b) of this section shall have the weight or number of its contents legibly marked on such package. Size of (,fl;es 4. No fruit shall be sold in a case in Queensland nor f f r o u r it . . ale ot exported in a case from Queensland to any place within Ibid, s. 4. the Commollwealth except in a case of the prescribed size, measurement, and capacity. Cases to be 5. (1.) No fruit shall be packed in a case in Queens- clean. land unless such case shall have been at the time of Ibid, ss. 4, 5. packing eith~ r new or clean and free from any insect or fungus disease. Any person who contravenes this sub- section shall be liable to a penalty not exceeding five pounds for a first offence, and not exceeding ten pounds for every subsequent offence. New eases to (2.) No fruit shall be exported in a case from Quecns- beelpuos:et.d for land to any place within the Commonwealth except in a case which has not been previously used for any purpose whatsoever, Case to show 6. 1\0 person shall sell fl uit in a case in Queensland, nlakel'~ nall1e, or export or attempt to export from Queensland to any agdudarreasnst, eaen. d pIace WI' thI' n tl' le CommonweaIt! 1 f' rUI . t I . n a case, unIess ' or Ibid, s. 6. until such case has been legibly and durably impressed, printed, or marked at one er:d on the outside of such case, within a space measuring not more than five inches lung and two inches wide- (a) With the name and address of the pack'er of the case; and (h) With the words" Guaranteed by packer to con- tain two imperial bushel<;," or "Guaranteed by

. c\ . ~ RICULTURE. 1912. Fruit Oases :Aot. packer to contain one imperial bushel," or "Guaranteed by packer to contain one-half .an imperial bushel," or" Guaranteed by packer to contatn one-quarter an imperial bushel," as the !!dze of such case may warrant. 7. Any person who- Penalty. ( a ) Se11s or exports or attempts t 0 expor t , or I · S Y e. a8. . No. 2 . 059, concerned in exporting or attempting to ex- port, from Queensland to any place within the Commonwealth fruit in a case in respect of which this Act is not complied with: or (b) Resists or wilfully obstructs any inspector authorised under this Act, or any member of the police force, in carrying out this Act; or (c) Refuses to give information or knowingly gives false information in answer to any reasonable inquiry made. by any such inspector or any member of the police force for the purposes of this Act; or (d) Places or permits or causes to be placed on a case a guarantee which is incorrect, or sells or exports or attempts to export, or is concerned . in exporting or attempting to export, to any place within· the Commonwealth from Queens- land fruit in a ease on which there is an inco1"cect guarantee; shall be liable to a penalty not e;xceeding five pounds for a first offence, and of not less than two ponnds or exceeding fifty pounds for every '!Subsequent offence. 8. Any person who- . A. lterin~ or • • tampermg (a) Alters the SIze of or tampers wIth any case bear-withcasee ing the packer's name address and guarantee' or brands. " , Ibi!l, 8. 9. or Cb) Wilfully defaces or alters or tampf>rs with the packer's name, address, or guarantee on any case; or . (c) Sells fruit in an unclean case or in a case infected with either insect or fungus disease; . shall be liable to a penalty not exceeding ten pounds or to be imprisoned for any period not exceeding six months. 9. (1.) Proceedings for offences against this Act may Recovery of be had and taken on complaint in a-summary way. ~ ~ ~ ~ ~ ~ 7.

5444· AGRICULTURE. Fruit Oases Ad. 3 GEO. V. No. 26, 1912; Enforcemt ut ( ~ . ) Such proceedings may be had and taken against oinfsApeccttboyrs, any offender- ' &c. (a) By any inspector under" The Disease. ~ in Plants A et of 1896"* (if so authoris~ by the Minister either generally or specifically) ; or (b) By any member of the police force. Evidence. (3.) In such proceedings"""': (a) No proof shall be required of any order to prosecute, or of the authority or appointment of any inspector or of any member of the police force; and (b) It shall lie on the defendant to prove that in respect of any case this Act has been complied with. Entry. (4.) For the purpose of ascertaining whether this Act is being complied with, any such inspector or any member of the police force may at any time board any vessel or enter any market, shop, store, warehouse, factory, stall, yard, shed, vehicle, stand, premises, or place whatever. Regulations. 10. (1.) The Governor in Council may fr,1m time 1.0 sV.laO. N. o.2059, time make reO b 'ulatio . ns . for , ll'ivinO 0 ' effect to this " Act and may by such regulations impose penalties not exceeding ten pounds for breaches thereof. Publication. (2.) All such regulations shall be published in the Gazette, and when so published shall have the force of latV' and shall be judicially noticed, and shall be laid before both Houses of Parliament within forty days after the same have been made if Parliament is then sitting, and, if not, then within forty days after the next meeting of Parliament. APPROPRIATION ACTS. See CONSTITUTION. BANKS, GOVERNMENT SAVINGS. See LO\Ns. COAL MINING. See MINING. COMMONWEALTH DEPOSIT. See LOANS. '*' 60 Vie. No. 25, Mupra, page 46.