Fruit Marketing Organisation Act Amendment Act of 1925 (16 Geo v No. 23) (Qld)

11476 PRDIARY PRODUCE. Fruit Marketing Organisation, Etc., Act. 16 GEO. V. No. 23, any other special object which the Board may determine to be in the common interest of the growers of the commodity concerned: Provided always that it shall not be competent for a Board to establish any such fund as in paragraph (iii.) hereof mentioned unless and until the purpose for which it is proposed to establish the fund and the rate of levy on the commodityfor that purpose are expressly approved by the Minister. Moreover before any levy is made for the purpose of the establishment of such fund a number of growers of the commodity concerned to be fixed by the regulations may request that a poll of growers upon the question of the establishment of a fund shall be held, and thereupon the Board shall hold such poll, and if upon such poll the majority of votes is against the establishment of such fund no part of any levy made by the Board shall be devoted to the establishment of such fund or expended for any purpose for which it was proposed that such fund should be established." 16 Geo. V. An Act to Amend" The Fruit Marketing Organisa- N;~ ~ 3. tion Act of 1923" in certain particulars. BE MAFRRKUEITTING ORGANISA- A~ : ; : D! ~ ~T [ASSENTED TO 12TH NOVEMBER, 1925.J it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- ACT lative Assembly of Queensland in Parliament assembled, OF 19.25. and by the authority of the same, as follows : - Short title 1. This Act may be cited as "The Fruit Marketing ~ ~~ struction Organisation Act Amendment Act ot 1925," and shall be of Act. read as one with *" The Fruit Mar keting Organisation Act ot 1923," herein referred to as the Principal Act. The Principal Act and this Act may collectively be cited as "The Fruit Marketing Organisation Acts, 1923 to 1925." Amendment 2. In section two of the Principal Act the definition of s. 2. of "Marketing" is repealed and the following definition is inserted in lieu thereof :- Marketing. " "Marketing" includes everything involved in the preparation and packing of fruit for sale and in the offering thereof for sale and the selling thereof and in the transmission of fruit from the producer to the consumer." * 14 Geo. V. No. 39, 8upra, page 10766.

PRIMARY PRODUCE. 11477 1925. Fruit Marketing Organisation, JiJtc., Act. 3. Subsection five of section six of the Principal Amendment Act is repealed and the following subsection is inserted of s. 6. in lieu thereof :- " (5.) Subject to this Act the Committee of Direction General shall have power in respect of the matters and things powers. following, namely:- (i.) To purchase, sell, exchange, lease, and hold land, goods, chattels, securities, and any other property whatsoever; (ii.) To contract for the use of, erect or otherwise provide any buildings or structures, and repair, equip, furnish, and maintain the same; (iii.) To appoint, engage, employ, and pay such officers, servants, employees, agents, and other persons as are deemed necessary; (iv.) To arrange for financial accommodation with any bank or banks or with the Government of the State or of the Commonwealth of Australia, and to borrow or raise money and to create and to issue in favour of any person or corporation mortgages of any kind, charges, guarantees, securities, and other obligations; (v.) To enter into any agreements and contracts and to give guarantees and indemnities in favour of any person or corporation con- tracting with the Committee of Direction or that may enter into any contract at the request of or under the authority or direction of the Committee of Direction; (vi.) To enter upon and carry into execution the marketing of fruit, and for that purpose to do all such things as are deemed necessary or convenient; to trade in fruit, and as and when deemed necessary, to purchase fruit for resale; (vii.) To impose levies on fruit marketed, whether or not such fruit is or is about to be marketed by or under the authority of the Committee of Direction pursuant to a direction or an Order in Council in that behalf duly issued under the provisions hereinafter set forth; (viii.) To do all such other acts, matters, or . things as may be prescribed."

11478 PRIMARY PRODUCE. Fruit Marketing Organisation, Etc., Act. 16 GEO. V. No. 23, Amendment 4. Subsection one of section seven is repealed and of s. 7. the following subsections are inserted in lieu thereof, and subsection two of the said section is renumbered eight :- Control of "(1.) The Committee of Direction shall have power fmruairtketing. from time to time to issue a direction with respect to all or any of the matters following, namely:- (i.) That all or any of the things included in the marketing of fruit shall be done only by the Committee of Direction, its agents and servants, or only by such person or class of persons as the Committee of Direction may appoint; (ii.) That all fruit in the possession or coming into the possession of any person whomsoever in the course or for the purpose of marketing fruit and during such time as may be determined shall be handled and dealt with only under the instructions and with the authority of the Committee of Direction, or shall be consigned or delivered only to such persons as the Committee of Direction may appoint. What (2.) The following provisions shall be applicable to dspireecciftyio. n to every such direction as aforesaid:- (i.) The direction shall specify the class of fruit to which the direction relates, namely- (a) Citrus fruit; or (b) Deciduous fruit; or (c) Bananas; or (d) Pineapples; or (e) An or any of other fruits which the Com- mittee of Direction considers should be the subject matter of one and the same direction. (ii. ) The direction may comprise the whole State or it may comprise any part thereof or any locality or several localities therein, and in either of the latter cases the direction shall describe the boundaries of the part of the State or of the locality or several localities concerned, as the case may be.

PRIMARY PRODUCE. 11479 1925. Fr1lit Marketing 01 o ganisat;'on, Etc., Act. (iii.) The direcbion may extend to the complete marketing of the fruit or it may be limited to certain functions of such marketing, and in the latter case the direction shall set forth, so as to be generally understood, particulars of the functions proposed to be carried into effect. (iv.) The direction shall state the period of time during which the direction shall remain in force. (3.) The Committee of Direction shall give notice Publication by public advertisement in at least one newspaper ~ lr~ ~ ~ i~ ~ ~ ed generally circulating throughout the State or part thereof ()r locality or localities concerned, as the case may require, of its intention to issue the direction, and such notification shall contain, so as to be generally under- stood, particulars of all the matters required as aforesaid to be set forth in the direction. The last publication of such notice shall be on a day which is not later than thirty days before the date on which it is proposed that the direction shall come into effect, and the public notice aforesaid shall state the day on which the direction will come into effect subject to a poll being demanded and taken as hereinafter provided. (4.) Any thirty growers of the fruit to which the Poll. proposed direction relates, and being growers thereof either within the State or the part thereof or the locality or localities to which the direction relates, may by petition to the Committee of Direction request that a poll of the gro\vers concerned be taken upon the question ()f the issue of the direction. Thereupon the Committee of Direction shall take such poll of such growers accordingly, and if less than two-thirdt3 of the votes polled at the poll are in favour ()f the issue of the direction, such direction shall not ·be given. (5.) If within the period of thirty days aforesaid no ''Yhen. petition for a poll is received by the Committee of elrectlOn Direction, or if after a poll has been taken the result of e: ~~: ~:. the poll is in favour of issuing the direction, the Committee of Direction may issue the direction and the direction shall forthwith come into effect according to Q

11480 PRIMARY PRODUCE. Fruit Marketing Organisation, Etc., Act. 16 GEO. V. No. 23, its tenour and shall remain in force during thc period limited by the direction, and shall be observed by the Committee of Direction and by the growers of the fruit to which the direction rel<:lJtes, and by all other persons. concerned. Any person who fails to comply with or acts in contravention of any provisions of a direction duly issued under this section shall be guilty of an offence against this Act. Publication (6.) The Committee of Direction shaJl publish every of direction. such direction in at least onc newspaper generally circulating throughout the State or part thereof or locality or localities to which the direction relates, as. the case may require. Thereupon and thereafter the growers of the fruit to which the direction relates fmd all other persons con- cerned shdl be deemed to have full notice and knowledge of the issue of the direction and of the terms thereof. Saving of interstate contracts. (7.) Nothing in the foregoing provisions in this section contain8d shall be construed so as to prevent or prejudicially affect any interstate contract with respect to fruit." 5. Aftcr section seven of the Principal Act the following wctions are inserted:- Acquisition " [7 A.] At any time after a direction under the ~ ~ : : :: ~ t~ ? e provisions of the last preceding section of this .Act has been of Direction. duly issued by the Committee of Direction. and at any time during the period for which that direction. remains in force, any thirty growers of the fruit to which the direction relates, being growers thereof within the State or the part thereof or the lomdity or localities to which the direction relates, as, the case may require, may by petition to the Committee of Direction request that a. poll of the growers concerned be taken that an Order in Council be issued by thc Governor in Council declaring that the fruit to which the direction relates shall be acquired by the Committee of Direction BJS the owners thereof under the provisions of this section. Notice of such petition shall be published in at least one new-spaper gencrally circulating throughout the State or part thereof or loc8Jity or localities to which the direction relates, as the case may require.

PRIMARY PRODUCE. 11481 1925. Fnlit 1Ylarketing Organisation, Etc., Act, The Committee of Direction shall take such poll of such growers accordingly, and if less than two-thirds of the votes polled are in favour of the making of such Order in Council such Order shall not be made. If the result of the poll is in favour of the making of an Order in Council, the Governor in Council may by Order in Council provide and declare that the fruit to which the direction relates shall be acquired by the Committee of Direction as the owners thereof, either forth,vith upon the making of such Order or on and from a date to be fixed by such Order, or upon the fulfilment of such conditions as are therein mentioned, so ~ h9" t the property in all such fruit shall be divested from the growers thereof and become vested in and be the property of the Committee of Direction as the owners thereof under and for the purposes of this Act and the direction aJoresaid i:md such Order in Council, and may by such Order in Council confer and impose upon the Committee of Direction all such powers and duties as B,re deemed necessary or convenient for the purpOS((S of enabling the Committee of Direction effectively to carry out the marketing of the fruit to which the diroction relates, 8,S the owners thereof for and on behalf of such groweri3 : Frovided always that an Order in Council under this section shall not have effect so as to prejudice any interstate contract with respect ' ~ o such fruit which has been entered into prior to the d80te of the acquisition by the Committee of Direction of such fruit under the said Order in Council. Any such Order in Council ma,y be of limited duration, and in particular may be of less duration but shall not be of greater duration than the duration of the direction in relation to such fruit issued as aforesaid under the last preceding section hereof. Any such Order in Council may be rescinded or amended by a subsequent Order in Council. An Order in Council made under this section shall, upon pUblication in the Gazette, have the same effect as if it were en8,cted in this Act, and shall be judicially noticei. [7B. ] Notwithstanding anything in this Act con- CJm~itt~e ' t al ' ned , any grower 0 f any f I'U ' l t , may agree Wl ' ~ )-h tlle o m f aDylfruenctcltOionn Committee of Direction to place the marketing of his under fruit in the hands of and under the control of the : ~ ; : : : : rrt.

11482 PRIMARY PRODUCE. Fruit Marketing Organisation, Etc., Act. 16 GEO. V. No. 23, Committee of Direction, although no direction has been issued in relation to the fruit whereof he is the grower under section seven of this Act, and although no Order in Council under the last preceding section of this Act has been issued in relation to such fruit; and the Committee of Directon is hereby empowered to enter into and carry out any such agreement. Any such agreement may contain all such provisions, including the transfer of ownership from the grower to the Committee of Direction, as will fully enable the Committee of Direction effectively to carry out the marketing of such fruit." o A f m s e . n 8 d . ment the fo 6 l . loSwuibngsescutibosnectwtioon oifs isnescetirotend einighliteuisthreerpeeoafle:d-' and ? = ~ ~ ~ ~ of " (2.) Subject to this Act, the Committee of Committee Direction shall have power to do all of the things of Direction. following, namely : - (i.) To require the co-operation of local associa- tions with a view to having one channel of receipt and despatch at station siding or outport; (ii.) To encourage the provision of packing sheds where conditions are suitable; (iii.) To establish a system of inspection of fruit; (iv.) To arrange for transportation, cartage, and handling of fruit and to transport, cart, and handle fruit; (v.) To arrange for supervision of markets; (vi.) To make agreements with fruit commission agents, fruit canners, and other persons; (vii.) To do all things deemed necessary in the direction of extending markets; (viii.) To prohibit or regulate the use tmd manage- ment of fruit barrows, fruit stalls at railvmy stations, and fruit-growers' retail shops; to use and manage any of these in the course of marketing: Provided that if the Local Authority of an Area by a by-law in that behalf has pro- hibited the use of fruit barrows for the sale of fruit in or upon any road, the Committee of Direction shall not be authorised to use or permit other persons to use fruit barrows contrary to the provisions of such by-law;

PRIMARY PRODUCE. 11483. 1925. Fruit Marketing Organisation,Etc., Act. (ix.) To arrange for financing the operations of local associations and of sectional group committees; (x.) To do all such other things as are deemed necessary to enable the Committee of Direction to perform its functions and as are approved by the Governor in Council: Provided, however, that the powers conferred by this subsection shall not be exercisable or exercised by the Committee of Direction in relation to any matter which ought under the circumstances to be the subject of a direction issued under section scven of this Act or which ought under the circumstances to be the subject of an Order in Council under scction 7 A of this Act, unless or until an effective direction or Order in Council in that behalf has been duly issued or unless or until an agreement in that behalf under section 7B of this Act has been made by and between the Committee of Direction and the grower concerned. If at any time any question or dispute arises as to whether or not any matter with respect to which the Committee of Direction is exercising or proposes to exercise any of the powers aforesaid ought to be made the subject of a direction or of an Order in Council before the powers are exercisable or are exercised, that matter shall be referred by the Committee of Direction to the Minister, who shall consider the matter and determine the question or dispute, and his determination thereon shall be· final and without appeal to any legal tribunal. " 7. Section nine of the Principal Act is repealed and Amendment- the following section is inserted in lieu thereof :_ of s. 9. "[9.] The Committee of Direction shall be constituted Constitution by the elec~ ion, by each .sectional group committee of : i~ ~ : ~ f representatIves of the frUIt growers, of such number of Direction. members and in such manner and with such tenure of office as may be prescribed, and by the ·appointment by the Governor in Council of one member who need not necessarily be a fruit grower." . 8. In paragraph (vi.) of subsection one of section Amendment fifteen of the Principal Act, before the words" and fixing of s. 15. the amounts" the words "and prescribing the manner

11484 PRIMARY PRODUCE. Fruit Marketing Organisation, Etc., Act. 16 GEO. V. No. 23, 1925. Commis. sions. and method of making such levies" are inserted; also the following provisions are added to the said sub- section :- "(x.) The amounts of any rate of commission to be charged by the Committee of Dir0ction to provide for the expenses of marketing; Other expenses. Evidence. (xi.) Expenses and disbursements and allowances to be deducted from the price realised in the marketing of fruit by the Committee of Direction in cases where a direction under section seven of this Act has been duly issued, R.nd in cases where an Order in Council under sect'on 7 A of this Act has been duly issued; (xii.) The mode or proof of matters required to be proved under and for the purposes of this Act and for facilitating such proof; for the purpose of any proceedings under this Act, dispensing with. proof of any formal matters or of handwriting or of documents or of authority; Polls under ss. 7 and 7A. (xiii.) Defining the person or classes of persons who shall be deemed to be growers concerned for the purposes of any poll under section seven or section 7 A of this Act; the preparation of a roll or list of such growers, and making such roll or list conclusive evidence of the title to vote at the poll; procedure in connection with the taking of any such poll." A of m s e . n 1 d 7 m . ent of se 9 ct . ioTnhseevfoelnloteweinngofwtohredsPrairneciapdadleAdctto: s-ubsection two "or by any officer of the Committee of Direction appointed either generally or for any particular case by such Chairman. In all cases the authority of the persons laying any such complaint shall be presumed until the contrary is proved."