Fruit Tree Standards Act of 1946 (10 Geo Vi No. 32) (Qld)

AGRICULTURE. 10 GEO. VI. No. 32, 1946. Fruit Tree Standards Act. 3 AGRICULTURE. Bee also POULTRY. An Act Relating to the Registration of Nurseries 10 N G o E . O 3 . 2 V . I. and the Sale of Fruit Trees. THE FRUIT TREE STANDARDS [ASSENTED TO 30TH ApRIL 7 1946.] ACT OF 1946. B E it enacted by the King's Most Excellent Majesty, 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;- I. This Act may be cited as "The Fruit Tree ~ ~ ~ rt title Standards Act of 1946." construction. 2. Except where otherwise provided, this Act shall co~ ef~ - t come into operation on a day to be proclaimed by the men 0 c. Governor in Council by Proclamation published in the Gazette, which date is herein referred to as the commence- ment of this Act. 3 In this Act, unless the context or subject-matter ~ eaning otherwise indicates or requires, the following terms 0 terms. shall have the meanings re~ pectively assigned to them, that is to say ;- " Bud" means any bud used or proposed to be Bud used for the propagation of a prescribed fruit tree or fruit plant; " Bundle" means a number of fruit trees or fruit Bundle. plants not exceeding the prescribed maximum and which are securely tied together; " Disease" means any disease within the meaning Disease. of *" The Diseases in Plants Acts, 1929 to 1937 " ; " Fruit plant " means any fruit plant or part of Fruit any fruit plant prescribed under this Act; plant. " Fruit tree" means any fruit tree or part of any Fruit tree. fruit tree prescribed under this Act ; " Inspector" means an inspector appointed under Inspector. this Act; " Minister" means the Secretary for Agriculture Minister. and Stock or other Minister of the Crown for the time being charged with the adminis- tration of this Act ; * 20 G. 5 No. 11 and amending Acts, v. 1, p. 300 et seq.

4 AGRICULTURE. Fruit Tree Standards Act. 10 GEO. VI. No. 32, Nursery. Nurseryman. Prescribed. Propagate. Propagator. Registered. Regulations. Rootstock. Scion. This Act. " Nursery" means any land, place, or premises on which any fruit tree or fruit plant is being or has been or will be propagated; " Nurseryman " means any person who propagates fruit trees or fruit plants; " Prescribed "-Prescribed by this Act ; " Propagate," in relation to fruit trees and fruit plants, means raise from seed or cuttings and where necessary bud or graft and grow on! but does not include the growing on by any person, including a registered nurseryman, who purchases a propagated tree or plant from a registered nurseryman; " Propagator" means a registered nurseryman by whom or at whose direction a fruit tree or fruit plant was propagated: for the purposes of this Act all trees or plants propagated by an employee of a nurseryman on his nursery shall be deemed to be propagated by the nurseryman himself; " Registered " means registered under this Act ; " Regulations "-Regulations made under the authority of this Act; " Rootstock " means that part of a fruit tree or fruit plant which furnishes the root and on to which another variety has been grafted or budded, and also means a plant designed to be used as a root system in this manner ; " Scion " means any piece of a fruit tree or fruit plant used or proposed to be used for the propagation of a prescribed fruit tree or fruit plant; "This Act "-This Act and all Proclamations, regulations, notices, and orders made there- under. Restriction on buying 4. No person shall buy or sell, or offer or attempt or selling of to buy or sell, in Queensland fruit trees or fruit plants fruit treeH. unless such trees or plants are free from disease, have been grown by a nurseryman registered under this Act or under an Act in another State of the Commonwealth

1946. AGRICULTURE. Fru,it Tree Standards Act. 5 of Australia accepted by the Governor in Council as being equivalent to this Act, and unless such trees are labelled as provided in this Act and conform to standards prescribed under this Act : Provided that nothing in this section shall be taken as prohibiting the sale in Queensland of fruit trees and fruit plants imported into Queensland from places outside the Commonwealth of Australia if in the opinion of the Minister their importation is in the interests of the fruitgrowing industry. 5. For the purpose of determining, whether fruit Imported trees and fruit plants imported into Queensland from ! ~ : ~ ~ : ~ ~ be another State of the Commonwealth are free from disease examined. every such fruit tree and fruit plant, unless exempted by the regulations, shall forthwith upon entry into Queensland be submitted to an inspector for examination at the Department of Agriculture and Stock, William street, Brisbane, or at any other place approved by the Minister for the purpose., It shall be an offence for any person to cause fruit trees or fruit plants to be introduced into Queensland contrary to this section. 6. There shall be attached to each fruit tree or Labelling. fruit plant or each bundle of such trees or plants prior to or immediately upon their sale in or importation into Queensland a label in the form prescribed stating the name of the nurseryman who propagated the trees or plants, the name of the fruit and the variety, the name of the rootstock, and the designation of the prescribed grade and subgrade to which the trees or plants conform. All such trees or plants in a bundle so labelled must be of the same description. Every tree and plant must conform in all details to the description on the label under which it is sold. 7. No person shall grow in Queensland fruit trees Nurseryman or fruit pl.ants other than tre~ s or plants for ~ is own use ! ~ g~ ~ ered. unless he IS a nurseryman regIstered under this Act. 8. Applications for registration as a nurseryman Application shall be made in the 'form prescribed to the Minister on !~;istration. or before the thirty-first day of January in every year or such date as may be prescribed, and shall be accom- panied by the prescribed registration fee.

6 AGRICULTURE. Fruit Tree Standards Act. 10 GEO. VI. No. 32, Power of Minister as to registra· tioa. 9. The Minister may register as a nurseryman for one year any person making application in accordance with section eight of this Act, or may refuse registration if in his opinion such person has not suitable land and facilities or if he is not satisfied, on the report of an inspector, that the person is a competent nurseryman or that any or all of the rootstocks, buds, and scions used or proposed to be used by such person are of satisfactory quality or if such person has failed to comply with the provisions of this Act. The Minister may cancel the. registration of a nurseryman at any time for any of the above reasons. Duties of registered nurseryman. 10. A registered nurseryman shall- (a) Keep in a manner prescribed a record of all fruit trees and fruit plants sold by him showing the names of the purchasers, the name of the fruit and variety, the name of the rootstock, the designation of the prescribed grade and subgrade, the date of despatch, and such other particulars as are prescribed; and (b) Keep in a manner prescribed a record of all fruit trees and fruit plants being grown by him showing the names of the rootstocks, the names of the varieties, and the sources from which such rootstocks and the buds and scions of such varieties were obtained and mark on clear plans, copies of which he shall furnish to an inspector- (i.) The exact location of such fruit trees and fruit plants in his nursery; and (ii.) The exact location of the fruit trees or fruit plants at the sources from which buds and scions were obtained; (c) Make available to an inspector on request all records of fruit trees and fruit plants grown, sold, or purchased by him during the previous twelve months; and

1946. AGRICULTURE. Fruit Tree Standards Act. 7 (d) Pay on or before the thirty-first day of January in every year or such date as may be prescribed a nursery inspection fee of a prescribed amount not exceeding- (i.) In the case of a nursery the area of which does not exceed one-half of an acre-ten shillings; or (ii.) In the case of a nursery the area of which does not exceed one acre-fifteen shillings; or (ill.) In the case of a nursery the area of which exceeds one acre-fifteen shillings, plus an additional five shillings for each acre or part of an acre in excess of one. 11. The Governor in Council may appoint Appoint. I.nspect ors £ or carryI " ng III t 0 el c l c ect the proVI.SI.Ons 0 f thI' S imnsepnetcotofrs. Act, and may remove any such inspector. 12. For the purpose of determining whether or~ owers of not the provisions of this Act are being complied with Inspectors. an inspector may enter any land, place, premises, or conveyance whereon or wherein any fruit trees or fruit plants are growing or held and remove any fruit trees and fruit plants and inspect books and records relating to the sale or purchase of fruit trees and fruit plants. 13. (a) An inspector may by service upon the Seizure of owner or person I . II charge 0 f any f rm ' t trees and/or tprleaenstsa.nd fruit plants sold or offered for sale in Queensland of a seizure notice signed by him and in the prescribed form seize such fruit trees and/or fruit plants if they do not conform to the provisions of this Act. (b) An inspector by !an order in writing may require the owner or person in charge to treat in the manner prescribed or to destroy in the manner prescribed in such order fruit trees and/or fruit plants which are subject to a seizure notice. (c) A seizure notice may be served by an inspector personally upon the owner or person in charge of any fruit trees or fruit plants or may be sent as a registered letter to the nurseryman whose name appears as propagator on the label attached to such trees or plants at the address shown on the application by such nurseryman for registration.

8 AGRICULTURE. Fruit Tree Stlllndards Act. 10 GEO. VI. No. 32, If an inspector is unable to find any person in charge of fruit trees or fruit plants in transit which do not show upon a label attached thereto the name of a registered nurseryman he may seize such trees and plants and serve a seizure notice personally or by registered letter upon the person to whom the trees and plants are consigned. (d) An inspector may serve a release notice in the prescribed form upon any person upon whom a seizure notice has been served previously if in his opinion the trees and/or plants which were the subject of such seizure notice have been treated as directed by him and comply with the provisions of this Act. Indemnity 14. (1.) Any inspector or other person acting in tinospectors. the execution of any powers conferred by this Act or any Proclamation or regulation thereunder shall not- Evidence. (a) Be deemed to be a trespasser by reason of any entry upon any land, place, premises, or conveyance or by reason of the removal of anything therefrom or the destruction of anything thereon; or (b) Be liable for any damage occasioned in exercising or discharging any of the said powers unless the damage is occasioned wilfully or maliciously. (2.) No person shall be entitled to compensation by reason of anything done by any inspector or other person in the exercise of any power or the discharge of any duty or obligation conferred or imposed by this Act or any Proclamation or regulation thereunder or in respect of any loss or inj ury directly or indirectly resulting therefrom unless the same is occasioned wilfully or maliciously. 15. In any proceedings for an alleged offence against this Act it shall not be necessary to prove the appointment of any inspector or other authorised officer, or to do any act or to give any direction or to issue or serve any notice or take any proceeding. Offences. 16. Any person who buys or sells, or offers to buy or sell, or grows or imports fruit trees and/or fruit plants contrary to the provisions of this Act or who fails to keep true and correct records as prescribed or who makes any false statement in any application or label, or who threatens, intimidates, impedes, or obstructs

AGRICULTURE. 9 1946. Fruit Tree Standards Act. or attempts to obstruct an inspector in the discharge of his duties or who fails to carry out any order given to him under this Act by an inspector shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding fifty pounds. I 7 Any person who is guilty of an offence or of a General contravention of this Act for which no specific penalty penalty. is provided shall be liable to a penalty not exceeding twenty pounds. 18. All penalties incurred for offences against Penalties. this Act may be recovered in a summary way under *" The Justices Acts, 1886 to 1945," upon the complaint of any inspector or other person authorised by the Minister. 19. (1.) The Governor in Council may from time R.egulation,s. to time make regulations providing for all or any purposes, whether general or to nieet particular cases, that may be convenient for the administration of this Act, or that may be necessary or expedient to carry out the objects and purposes of this Act, and in particular, but without limit to the generality of the foregoing provisions of this section, for or with respect to- (a) Prescribing the fruit trees and fruit plants to which the provisions of this Act shall apply, and grade standards for prescribed fruit trees and fruit plants; (b) Prescribing the forms of notices and orders to be given and of applications for registration and of records to be kept under this Act; (c) Prescribing fees to be charged under this Act; (d) Prescribing the nature and manner of any inspection authorized to be made under this Act; (e) Prescribing penalties for breaches of the regulations (not in any case exceeding five pounds for any first offence or ten pounds for any subsequent offence); (j) Prescribing any matter or thing authorized or permitted by this Act to be prescribed; (g) Prescribing the maximum number of plants which can be contained in any bundle. * 50 V. No. 17 and amending Acts, v. 4, p. 363 et seq.

10 AGRICULTURE. Fruit Tree Standards Act. 10 GEO. VI. No. 32, 1946. (2.) All regulations made under this Act shall be published in the Gazette, and upon such publication shall be judicially noticed. (3.) Regulations may be made upon the passing of this Act. Regulations 20. All regulations made under this Act shall be btoefboerelaid laid before this Parliament within fourteen sitting days Parliament. after the publication thereof in the Gazette if this Parliament is then in session and actually sitting or, if this Parliament is not then in session or, if in session, is not then sitting, within fourteen days after the commencement of the next session or, as the case may be, the date upon which this Parliament next sits. If Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the power to make any further or other regulation. For the purposes of this section, the term " sitting days" shall mean days on which the House actually sits for the despatch of business. Interpre- 21. This Act shaH be read and construed so as not tation ofAct. to exceed the legislative power of the State to the intent that where any enactment thereof would but for this section have been construed as being in excess of that power it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power. APPROPRIATION ACTS. See CONSTITUTION