Hen Quotas Act 1973 (Qld)

Qluemifan^ 67 ANNO VICESIMO SECUNDO ELIZABETHAE SECU AE REGINAE No0 13 of 1973 An Act relatin g to the stabili za tion of the egg industry; in that respect , to make provision with regard to the dete rm ination of quotas in relation to hen flock sizes on land used for the production of eggs; and for connected purposes [ASSENTED TO 13TH APRIL, 1973] 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 Hen Quotas Act 1973. 2. Commencement . This Act shall commence on a day to be fixed by Proclamation. 3. Parts of Act. - This Act is divided into Parts and Divisions as follows:- PART I-PRELIMINARY; PART 11-ALLOCATION OF HEN QUOTAS; Division 1-Hen Quota Committee; Division 2-Hen Quota Appeals Tribunal; Division 3-Hen Quotas; Division 4-Adjusted Quotas, Temporary Quotas and Rights of Quota Holders; Division 5-General.

68 Hen Quotas Act 1973, No. 13 4. Primary Producers ' Organisation and Marketing Acts preserved. This Act shall be read and construed with The Primary Producers' Organisation and Marketing Acts 1926 to 1966, and all Proclamations, Orders in Council and regulations thereunder for the time being in force (to the extent to which they relate to The Egg Marketing Board and to The Central Queensland Egg Marketing Board and to eggs, or to any of them), and the provisions of The Primary Producers' Organisation and Marketing Acts 1926 to 1966, and of all Proclamations, Orders in Council and regulations thereunder (to the extent to which they relate to The Egg Marketing Board and to The Central Queensland Egg Marketing Board and to eggs, or to any of them) shall, save in so far as they are inconsistent with the express provisions of this Act, continue to apply to and with respect to The Egg Marketing Board and to The Central Queensland Egg Marketing Board and to eggs and to egg producers and all persons and matters to or with respect to whom or which those provisions apply at the commencement of this Act. 5. Act to apply subject to Constitution . ( 1) If, by reason of the Constitution of the Commonwealth , a provision of this Act , or a notice under a provision of this Act , cannot validly apply in relation to any particular hens or class of hens, that provision or notice shall be construed as intended to operate in relation to all hens in relation to which it purports to apply, being hens in relation to which it can validly apply. (2) Subsection ( 1) is in addition to, and not in substitution for, any other provision relating to the construction of Acts and statutory instruments subject to the Constitution. 6. Interpretation . In this Act unless the contrary intention appears- "Appeals Tribunal " means the Hen Quota Appeals Tribunal constituted under this Act; " appropriate Board " means, in relation to the area in which hens are kept, the Board constituted under The Primary Producers' Organisation and Marketing Acts 1926 to 1966 in relation to the commodity, namely The Egg Marketing Board or The Central Queensland Egg Marketing Board, as the case may be; " Committee " means the Hen Quota Committee constituted under this Act; " Commonwealth Minister " means the Minister for Primary Industry or other Minister of State of the Commonwealth acting for and on behalf of that Minister; " egg producer's adjusted hen quota " means an egg producer's adjusted hen quota allocated by the Committee in accordance with this Act; " egg producer's basic hen quota" means an egg producer's basic hen quota allocated by the Committee in accordance with this Act; " egg producer's temporary hen quota " means an egg producer's temporary hen quota allocated by the Committee in accordance with this Act;

Hen Quotas Act 1973, No. 13 69 Minister " means the Minister for Primary Industries or other Minister for the time being charged with the administration of this Act: the term includes any Minister of the Crown who is temporarily performing the duties of the Minister; " person " includes any partnership or firm and any body of persons, corporate or unincorporate; " quota flock " means the number of hens constituting the whole or part of an egg producer's basic hen quota or of an egg producer's adjusted hen quota; " season " means any period of twelve consecutive months, commencing on the first day of July; " State hen quota " means, in relation to a season, such number of hens as may from time to time be agreed upon by the Commonwealth Minister and the Minister on the recommendation of the Australian Agricultural Council and the Australian Council of Egg Marketing Authorities as the number of hens which shall be kept for egg production in Queensland; " temporary quota flock " means the number of hens constituting the whole or part of an egg producer's temporary hen quota; " the Board " means The Egg Marketing Board constituted under The Primary Producers' Organisation and Marketing Acts 1926 to 1966. PART 11-ALLOCATION OF HEN QUOTAS Division 1-Hen Quota Committee 7. Appointment of Committee. (1) For the purpose of this Act there shall be a Hen Quota Committee which shall have the functions, powers, authorities and duties conferred, or imposed upon it by this Act. (2) The Committee shall consist of five members appointed by the Minister by notification published in the Gazette, namely- (a) the Director of Marketing; (b) four persons representing producers of eggs selected from a panel or from panels of names submitted by such industry organizations as may be prescribed and on such basis or bases as may be prescribed: Provided that in the event of the failure of the prescribed industry organizations to submit, on such basis or bases as may be prescribed, a panel or panels of names to the Minister within four weeks after being requested by him to do so, the Minister may appoint four persons as persons representing producers of eggs. (3) The Minister shall, on the recommendation of the Committee, appoint a member of the Committee to be chairman of the Committee. (4) Where by or under any Act it is provided that the holder of any office shall devote the whole of his time to the duties of that office or shall be prohibited from engaging in employment other than that office, such provision shall be construed so as not to disqualify the holder from holding that office and also the office of a member of the Committee or from receiving and retaining any fees, allowances or expenses payable to him as a member of the Committee.

70 Qi Act 1973, No. 13 8. Te rm of o ffice ( - . _ Subject to the provisions of section 9, the persons appointed as men :rs of the Committee for the first term shall hold office from the date of appointment until the thirty-first day of December, 1974, and the persons appointed for any subsequent term shall hold office for such periods as may be prescribed. 9. Di--`'-- z_ from and -=- --- cf office. (1) A person who- (a) is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; (b) has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland in respect of an act or omission which if done or made by him in Queensland would have constituted an indictable offence; or (c) is a patient within the meaning of The Mental Health Acts 1962 to 1964 shall not be capable of being or continuing to be a member of the Committee. (2) A member of the Committee shall be deemed to have vacated his office as such- (a) at the expiry of his term of office; (b) if he dies; (c) if he becomes inn-- `_e of continuing as a F. - 1-Pr; (d) if being a memb:_ a ointed as a person rt ¢ enti, ,.g producers of eggs he is abser from three consecutive meetings of the Committee, of which due notice has been given to him, without leave granted by the chairman; (e) if he resigns such office by writing under his hand delivered to the Minister; or (f) if his appointment is revoked by the Governor in Council. (3) The attendance of the chairman or any other member of ti: Committee at the time and place appointed for a meeting shall be d-1 , 1 to constitute presence at a meeting notwithstanding that by reason LTht no quorum is present no meeting is actually held on that day, and the secretary shall enter in the minute book the name of the chairman or any other member who so attends. (4) Where the Governor in Council is satisfied that a member of the Committee has contravened or failed to comply with any provision, relating-,to eggs, of any Act or with any provision of this Act, he may, whether or not such member has been convicted of such contravention or failure, revoke the appointment of such member. (5) Notwithstanding any Act or law to the contrary, if a person is summarily convicted of an indictable offence, the conviction shall for the purposes of paragraph (b) of subsection (1) be a conviction of an indictable offence. 10. Filling of N c. In the event of any vacancy ari_ membership of the Committee through any cause whats, Minister may appoint another person as a member for t' ;s, the

Hen Quotas Act 1973, No. 13 71 portion of the term of office of his predecessor, and any such appointment shall be made in the same manner as is provided in section 7 for the appointment of members. 11. Acting chai rm an . The Minister may from time to time upon the recommendation of the Committee appoint any member of the Committee to act temporarily as chairman of the Committee during any absence of the chairman, and whilst so acting that person shall have all the powers and shall perform all the duties of the chairman. 12. Deputy for member . The Minister may at any time appoint a deputy for any member of the Committee (and in the case of the Director of Marketing may appoint more than one deputy), and any deputy so appointed shall, in the absence of the member for whom he acts, have the powers and authorities and shall perform the duties of the member whose deputy he is. 13. Presiding at mee tings . (1) The chairman shall preside at all meetings of the Committee at which he is present. (2) If the chairman is unable for any reason to attend any meeting of the Committee, the acting chairman (if any) shall preside at the meeting. (3) If both the chairman and the acting chairman (if any) are absent from any meeting of the Committee,. the members present shall appoint one of their number to preside at the meeting. 14. Notice and adjou rnm ent of meeting . (1) All meetings of the Committee shall be convened by the chairman who shall cause at least two days' notice to be given in writing to each member. (2) For the purposes of subsection (1) notice by telegram shall constitute sufficient notice in writing. (3) The Committee may unanimously decide that shorter notice may be given of any meeting either generally or in a particular case. (4) The chairman or the person presiding at the meeting may at any time during the course of any meeting of the Committee adjourn such meeting until such time and to such place as may be decided by the meeting. 15. Quorum. (1) At any meeting of the Committee, three members shall constitute a quorum and all the powers and authorities of the Committee may be exercised at any meeting thereof at which a quorum is present. (2) If a quorum is not present within half an hour after the time appointed for a meeting, the members present, or the majority of `hem or any one member, if only one is present, may adjourn such meting to any time not later than fourteen days from the date of such adjournment. (3) Nothing in this Act shall be construed so as to prevent the adjournment of any meeting to a later hour of the same day on which such meeting was appointed to be held.

72 Hen Quotas Act 1973, No. 13 16. Vo t i ng. ( 1) At any meeting of the Committee , all questions shall, .subject to subsection ( 3) of section 14, be decided by a majority of votes of the members present. (2) If a member ( other than a member to whom subsection (3) of this section relates ) fails or refuses to vote he shall be deemed to have voted in the negative. (3) The Director of Marketing may refrain from voting on any question at his discretion. (4) The person presiding at the . meeting of the Committee shall have a vote and, when there is an equal division of votes upon any question, shall have and may exercise a second or casting vote. (5) Notwithstanding any other provision of this Act, ` chairman or acting chairman of the Committee may at any time refer any question requiring the consideration of the Corr, ..i_ _ to all r, _ s of the Committee in writing and any decisic- n i of a of the me m bers of the Committee sij, 11 s, fo 67---- as a decision made at a properly constitus For the purposes of this subsection a reference by telegram shall constitute a sufficient reference in writing. (6) An act or proceeding of the Committee shall not be invalid or illegal in consequence only of the number of members of the Committee not being complete at the time of such act or proceeding. 17. I'. Subject to this Act the Committee may regulate i ts own prod 'ure. 1 of the Cc y to v :e shall 'f he hs r ' No member any time exercise a vote in respect of the allocation , re-allocation , transfer , review, foi , ..itui , increase or reduction of any egg producer ' s basic hen quota, egg producer ' s adjusted hen quota or egg producer ' s temporary hen quota in respect of which he holds any pec uniary interest , and any member who holds any such interest shall declare that interest to the Committee and shall withdraw from any meeting of the Committee during any discussion concerning that egg producer ' s quota. 19. S ':^.e. The Committee may at any time appoint a subcommittee from among its members to examine and recommend to the Committe :, any matter or thing relevant to its functions under this Act. 20. 1 ' :s. (1) The chairman of the Committee shall cause a record to be kept of all decisions of the Committee whether made at a duly constituted meeting or by reference in writing and such record shall be presented to a subsequent meeting of the Committee for con rmation as to its correctness and shall thereupon be signed by the chairman and thereupon shall form part of the official minutes of the Committee. (2) Any record of a decision contained in such minutes may be tendered as evidence of such decision by the Committee at any hearing by the Appeals Tribunal or in any court and shall be judicially noticed.

Hen Quotas Act 1973, No. 13 73 21. Fees , a llowa n ces and ex p e nses . The members of the Committee, including the chairman, shall be entitled to receive such fees or allowances, or fees and allowances, and such expenses as the Minister may from time to time approve. Any such approval may from time to time be revoked or amended. Any such approval with respect to any person may differ, according to class of payment or rate or both class and rate and according to position held on the committee and representation thereon, from any approval with respect to any other person. 22. Fi na nce . (1) All costs including any allowances, fees and expenses associated with the functions and operation of the Committee and of the Appeals Tribunal incurred in connexion with the administration of Part II of this Act shall be paid by the Board out of the funds of the Board (the Board being hereby thereunto authorized). (2) The Committee shall, at the request of the Board, pay to the Board from moneys received by it such amounts as the Board may from time to time specify, provided that such amounts specified by the Board do not exceed the costs incurred by the Board under subsection (1), and any amounts so paid shall become part of the funds of the Board. 23. Accounts . (1) The chairman of the Committee shall cause true and regular accounts to be kept of all sums of money received and paid by or on behalf of the Committee for or on account of this Act or pursuant thereto, and of the several purposes for which sums of money have been received and paid: Provided that with the approval of the Minister.the chairman may arrange for the keeping of such accounts on behalf of the Committee by the Board (which is hereby thereunto authorized). (2) Such accounts as are kept in accordance with subsection (1) shall be audited by the Auditor-General or by a person appointed by the Auditor-General. The Auditor-General shall have with respect to such accounts all the powers conferred on him by the Audit Act 1874-1968, 24. Staff. (1) The Committee may appoint a secretary and such other officers as may in its opinion be necessary for the proper performance of its functions and duties under this Act. (2) The Committee may, with the approval of the Minister , arrange with the Board (which is hereby thereunto authorized) for the performance of secretarial and other duties in relation to the Committee. 25, Powers of Committee. The Committee shall, with respect to the functions conferred upon it by this Act, have power and authority from time to time to take such action and to obtain such information as in its opinion is necessary or expedient for the carrying into execution of the objects and intentions of this Act, and in particular but without in any way limiting the generality of the powers aforesaid may- (a) obtain the assistance of technical or other advisers who in the opinion of the Committee may be able to furnish information or advice which would be of assistance to the Committee in the performance of its functions, and defray such costs as may be incurred in obtaining such assistance;

74 Hen Quotas Act 1973, No. 13 (b) notwithstanding the provisions of The Primary Producers' Organisation and Marketing Acts 1926 to 1966, or any Order in Council or regulation thereunder , require the appropriate Board to furnish any information or copy of any record, document or writing which in the opinion of the Committee is relevant to any matter before it and which is in the possession of or is known to the appropriate Board or its agents, and the appropriate Board and its agents shall at all times make such information or copy of such record , document or writing available to the Committ ; (c) inspect any poultry farm either by the members of the Committee or by any person specifically authorized in that behalf by the chairman of the Committee. Act, then functions , this Act. Division 2-. en Ippeals Tribunal (1) For the _ ur ;es of this 1 a 1-ten ata f a; Tribunal w' is s' , ive the m% rs, uthoriti ; r d i :onferred o i; a on it by (2) The Appeals Tribunal shall consist of by the Governor in Council by )tifpcatior namely- (a) a barrister - at-law, a has been a stipendiary r te, or a person who tall be chairman; (b) a person nominated matters relating to t' ^ultr°r ii .' ! directly or indir, y ' imself or h' have any pecunia. y -,; tin the pro, processing of eggs or e products; is well versed in a I who does not, or partners, , sale , pulping or (c) person selected by the Ministe 'tted by such industry orgy-. Provii _ 1 that in the event of the failut .: _y organizat ' 3 ; to submit a panel of names t 'i.a four weeks after being requested by him to do so, the Goy in Council may appoint any person to be the third member of the als Tribunal and that person shall be deemed to have be i selected by f s Minister from a panel of names submitted by the prescri . ` industry orgapizations. (3) A member of the Legislative Asse' ply of Q island, or of the Parliament of the Commonwealth, shall not be € Calif be, or to act as, a member of the Appeals Tribunal. 27. Term of office of Subject to this Act, the persons appointed as members of the Appeals T ribunal for the first term shall hold office from the date of appointment until the thirty-first day of December , 1974, and members appointed for any subsequent term shall hold office for such periods as may be prescribed. 28. Disqualification from and vacation of o ffi ce . (1) Any person who- (a) is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; or

Hen Quotas Act 1973, No. 13 75 (b) has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland in respect of an act or omission which if done or made by him in Queensland would have constituted an indictable offence; or (c) is a patient within the meaning of The Mental Health Acts 1962 to 1964 shall not be capable of being or continuing to be a member of the Appeals Tribunal. (2) A member of the Appeals Tribunal shall be deemed to have vacated his office as such- (a) at the expiry of his term of office; (b) if he dies; (c) if he becomes incapable of continuing as a member; (d) if he is absent from three consecutive sittings of the Appeals Tribunal without leave granted by the chairman; (e) if he resigns such office by writing under his hand delivered to the Minister; (f) (where he was nominated by the Minister in accordance with paragraph ( b) of subsection ( 2) of section 26), if he is directly or indirectly interested by himself in, or he or his partner or partners has or have a pecuniary interest in, the production, sale, pulping or processing of eggs or egg products; or (g) if his appointment is revoked by the Governor in Council. (3) Where the Governor in Council is satisfied that a member of the Appeals Tribunal has contravened or failed to comply with any provision , relating to eggs, of any Act or with any provision of this Act, he may, whether or not such member has been convicted of such contravention or failure, revoke the appointment of that member. (4) Notwithstanding any Act or law to the contrary, if a person is summarily convicted of an indictable offence, the conviction shall for the purposes of paragraph (b) of subsection (1) be a conviction of an indictable offence. 29. Filling of vacancies . In the event of any vacancy arising in the membership of the Appeals Tribunal through any cause whatsoever, the Governor in Council may appoint another person as a member for the unexpired portion of the term of office of his predecessor, and any such appointment shall be made in the same manner as is provided in section 26. 30. Acting chairman. The Governor in Council may at any time appoint a person qualified in accordance with paragraph (a) of subsection (2) of section 26 to act temporarily as chairman of the Appeals Tribunal during any absence of the chairman, and whilst so acting that person shall have all the powers and shall perform all the duties of the chairman. 31. Acting member. The Governor in Council may at any time appoint a person to act in the place of a member of the Appeals Tribunal during any absence of the member and any person so appointed shall, during any absence of the member for whom he acts, have the same powers and authorities as the member for whom he so acts.

76 Hen Quotas Act 1973, No. 13 32. F The members of the Appeals Tribunal, inclu(t airman, slip "I be entitled to receive such fees or allowances, c :'.;es and allowances, and such expenses as the Governor in Council may from time to time approve. Any such approval may from time to time be revoked or amended. Any such approval with respect to any person may differ, according to class of payment or rate or both class and rate and according to position held on the Appeals Tribunal, from any approval with respect to any other person. 33. (1) Thf. chairm, of the Appeals T ribunal shall cause true ar 1 regular accounts to t-- of all sums of money received and paid by or on behalf of the -p: '- Tribunal for or on account of this Act or pursuant thereto , and oft several purposes for which sums of m- , y ave been receiv and paid: )vic'ed that with E '-royal of the ^,I ; ch® rrran may array for the keeping of accounts on t ' f f - Is Tribunal by the Board (which is hereby thereunto author (2) Such F,ccounts as are k, in accord shall be at ; the Auditor r : rn `. or by a Auditor-Gem with subsection (1) pointed by the The An or-General shall h r e with respect such accounts all the powers conferred on hi m by the Audit Act 1874-1968. Trit sl '1 1: - cc l by ( . m ( a 1) n who two s' no' ` : -) l -iven i ' i~- ,:.o each s (2) For the purposes of subsection (1) note by telegram shall constitute sufficient notice in writing. (3) The chair m an or, in the event f an acting cF: ai nan having been appointed , the acting chairm, acting ^ c' ` --an, may adjourn any sitting from time to tined -3m place to 35. w At any sitting of the Appeals Tribunal, any two members ^sl_all constitute a quorum pro''ided that the chairman, or, in the event of an acting chairman having been appointed, the acting chairman, is one of the members present, and all the powers and authorities of the Appeals Tribunal shall be exercisable at any sitting thereof at which a quorum is present. 36. Decisions . (1) At any sitting of the Appeals Tribunal all questions shall be decided by a majority of the members present. (2) The member to whom paragraph. (c) of subsection (2) of section 26 relates shall not take part in proceedings of the Appeals Tribunal in respect of any matter relating to any egg producer's basic hen quota, egg producer's adjusted hen quota or egg producer's temporary hen quota in respect of which he holds any pecuniary interest.

Hen Quotas Act 1973 , No. 13 77 (3) In the event of only two members being present at a sitting of the Appeals Tribunal and failing to agree on any matter, such matter shall be referred to the next sitting of the Appeals Tribunal. 37. Record of decisio ns. (1) The chairman of the Appeals Tribunal shall cause. a record signed by him to be kept of all decisions of the Appeals Tribunal. (2) Any such record purporting to be under the hand of the chairman shall be evidence of the decision in question and, until the contrary is proved, shall be conclusive such evidence. 38. Staff. The Appeals Tribunal shall appoint or arrange for the services of a secretary and may appoint or arrange for the services of such other officers as may in its opinion be necessary for the proper performance of its functions and duties under this Act. 39. Pomtiers of Appeals Tribunal. (1) For the purpose of exercising its functions under this Act, the Appeals Tribunal shall have and may exercise all the powers, authorities, protection and jurisdiction of a Commission under The Commissions of Inquiry Acts 1950 to 1954 and the chairman or the Acting chairman, as the case may be, shall have all the powers of the chairman of such a Commission except such powers as are limited to a chairman of such a Commission who is a Judge of the Supreme Court. (2) Any witness summoned to appear before the Appeals Tribunal shall be entitled to receive payment for the expenses of his attendance in accordance with such scale as may be prescribed or in the absence of a prescribed scale as may be,determined by the chairman of the Appeals Tribunal. Division 3-Hen Quotas 40. Allocation of egg producer ' s basic hen quota. (1) The basis of allocation of egg producers' basic hen quotas up to the size of the State hen quota specified as available for that purpose for the season in question shall be as prescribed and for any such season in question such quotas up to the size of the State hen quota specified as available for that purpose shall, subject to the provisions contained in this Part, be allocated by the Committee in accordance with the basis for that season so prescribed. Without limiting the generality of the foregoing, the basis of allocation may, where districts are defined pursuant to paragraph (h) of subsection (1) of section 60, differ from one district to another. (2) Any person who desires to be allocated an egg producer's basic hen quota shall make application in the prescribed form and in the prescribed manner to the Committee. Upon consideration of such an application the Committee may- (a) refuse the application; (b) grant to the applicant an egg producer's basic hen quota in accordance with the basis of allocation referred to in subsection (1) and otherwise in accordance with this Act.

78 Hen Q uota s Act 1973, No. 13 (3) A person to whom an egg producer's basic hen quota has been granted shall pay to the Committee a seasonal fee, the basis of determination and the amount or assessment of which fee shall be as prescribed. 41. E: may by Order in Council sify that hens or classes of hens kept 1 shall not, subject to any terms ar.. Council, be taken into consi ' made of the number of hei,s k basic hen quota, an egg produ-.r'„ temporary hen quota has been allot such hens or classes of hens s.malc accordingly. The Governor in Council i hens or classes of hens or sons or classes of persons Is irescribd in the Order in as ess ent or to ination on to whor .. r ^ r-oducer's n quota or r roducer's is Act, a I thereupon n into consideration 42. egg pros .er's t1.^ sic i s allot to ai tai to 3. s•c . ified in s :h ::lob .ion. An om to hold an (a) a attach, ' shall not be qualified Ss- to which the quota is to be (b) he satisfies the C- imittee that his interest in such land is such that the he"-* by him of an egg producer's basic hen quota would _ e I'r and reasonable. 44. 's ' basic hen r-iota shall not ^rn - other pi -on i nless the i iec" in writiu L; of the Committee (which is I. to such t ~- r and unless such other egg prodcer's basic hen quota. . (1) An egg producer's thereof to any prior approval i i; to so approve) ^sugi is qua to hold that (2) Where the holder of an egg producer's basic hen quota is the proprietor of more than one parcel of land to which one or more egg producer's basic hen quotas attach, he shay with the approval of the Committee transfer the whole or part of the egg producer's basic hen quota or quotas attaching to one or more of such parcels of land to one or more of the remaining parcels of such land. (3) The Committee may approve of the allocation in Qv If 14 of an egg producer's basic hen quota to any person in respect of w' i the authority administering such quotas or the equivalent thereof in another State has approved the transfer of such person's egg producer's basic hen quota or the equivalent thereof from such State to Queensland. (4) An egg producer's basic hen quota shall not be transferred from the State of Queensland to another State unless the Minister has first approved of such transfer.

Hen Quotas Act 1973, No. 13 79 45. Forfeiture and reduction of quota. (1) Where an egg producer's basic hen quota has been allocated and the Committee is satisfied that- (a) during the currency of the quota the annual average number of hens, the subject of the quota, owned by the producer is eighty per centum or less than eighty per centum of the maximum number of hens specified in the quota; or (b) there has been failure for any two successive seasons to keep hens; or (c) there has been failure for three successive seasons to keep his quota of hens; or (d) the allocation of the quota was made in error or in consequence of any false document, statement or representation, or fraudulent document, statement or misrepresentation, the Committee may by notice call upon the holder of the egg producer's basic hen quota in question to show cause within the time specified in the notice why the Committee should not- (e) forfeit the egg producer's basic hen quota concerned; or (f) reduce the size of the egg producer's basic hen quota concerned by such number as is specified in the notice, and where sufficient cause is not shown within the time specified in the notice or within any extension of time which the Committee may allow, the Committee may deal with the egg producer's basic hen quota according to the tenor of the notice. (2) Where sufficient cause has been shown why the Committee should not forfeit the .egg producer's basic hen quota, the Committee may, if it thinks fit, reduce the size of the quota by such number as it thinks fit. 46. Application for allocation of quota or increase of quota. (1) Any person to whom an egg producer's basic hen quota has not been allocated may make application to the Committee in the prescribed form and in the prescribed manner for the allocation of an egg producer's basic hen quota. (2) Any person holding an egg producer's basic hen quota may make application to the Committee in the prescribed form and in the prescribed manner for an increase in such quota. (3) Upon consideration of any such application, the Committee, having regard to the particular circumstances and notwithstanding anything contained in section 40, may- (a) refuse the application; or (b) grant the application by increasing the egg producer's basic hen quota by such number as it thinks fit, or by allocating an egg producer's basic hen quota, as the case may be. (4) The Committee may at any time, irrespective of whether an application has been made or not, increase the egg producer's basic hen quota of any person. 47. Appeal. (1) Any person who is aggrieved by a decision of the Committee may appeal against the decision to the Appeals Tribunal.

8 o H en Quotas Act 1973, No. 13 (2) An appeal shall not be brought under this section unless- (a) it is limited to one or more of the following grounds of appeal, namely:- (i) that the decision of the Commi6"ee was not in accordance with this Act; (ii) that the c vision of the Comp as manifestly unfair; (iii) that t`:. :i<.',n of the Co mittee would cause severe perso i :Lip to the appellE.:_., (b) it is made i ':re prescribed form which shall be accompanied by the prescribed fee, or if no fee is prescribed, a fee of $20; and (c) it is made within the prescribed time and in the prescribed manner. (3) The Appeals Tribunal may request the applicant to subr.,;,z Eny information or document that it considers necessary within sucl-, as is specified in the request. (4) Th .ppeals Ti"' under t' ti decision. c^ -a" hear ani' eterrrine every e al `s cc vary or revers the (6) icac Lue AppcacS is frivolous or vexatious, the to the appellant. (7) Tl; and the C._,: effect to tli € Tribun e shall th _-ion of the Co; of its decision Lion as is cessary to give Diva. Quota, T::: pora s ry " was and Risk `- fror tin to prod accr' s uas.- quota for tha. consideration-- (a) his egg producer's b (b) all allocations of ( of the State hen qro (c) such other consider _:'€ or as may in the desirable. q` ota; as -iay from time to "'.Jon of the Con.... 49. Et from time is not the __oi producer's ten shall be arrived 4 , tJ_in6

Hen Quotas Act 1973, No. 13 81 estimated egg production pursuant to the determined State hen quota exceeds the production of eggs pursuant to the allocation of egg producers' basic hen quotas and egg producers' adjusted hen quotas during that season. 50. Rights attaching to an egg producer' s basic cairn quota or an egg producer ' s adjusted hen quota . A person who holds an egg producer's basic hen quota or an egg producer's adjusted hen quota shall be entitled, subject to the provisions of The Primary Producers' Organisation and Marketing Acts 1926 to 1966 and any Order in Council or regulation thereunder, and subject to this Act, and otherwise according to law; to sell or otherwise dispose of eggs produced from hens forming the whole or part of his quota flock. 51. Rights attaching to an egg producer ' s temporary hen quota. The holder of an egg producer's temporary hen quota shall be entitled, subject to the provisions of The Primary Producers' Organisation and Marketing Acts 1926 to 1966 and any Order in Council or regulation thereunder, and subject to this Act, and otherwise according to law, after all eggs available from the quota flocks of holders of egg producers' basic hen quotas have been sold or otherwise disposed of in accordance with the provisions of this Division, to sell or otherwise dispose of such proportion of his egg production from hens forming the whole or part of his temporary quota flock as the Committee may from time to time determine after consultation with the appropriate Board in respect of eggs produced in the locality in respect of which the Board is constituted. 52. No entitlement to sell or otherwise dispose of eggs unless holder of quota . A person shall not be entitled to sell or otherwise dispose of eggs other than eggs produced from hens forming the whole or part of either his quota flock or his temporary quota flock. 53. Appropriate Board may refuse to accept eggs . Notwithstanding anything contained in The Primary Producers' Organisation and Marketing Acts 1926 to 1966 or any Orders in Council or regulation made thereunder, the appropriate Board may refuse to accept delivery of eggs produced from hens not constituting either the whole or part of a quota flock or temporary quota flock. Division 5-General 54. Limitation of liability. No act, matter, thing, recommendation or decision done or made in good faith by- (a) the Minister; (b) the Board; (c) the appropriate Board; (d) any member of the Committee; (e) any member of the Appeals Tribunal; (f) any officer of the Department of Primary Industries, for the purpose of carrying out or giving effect to this Act, shall subject them or any of them or the Crown to any action, liability, claim or demand.

82 Her. Quotas Act 1973, No. 13 55. No restriction on re-appointment. Nothing contained in this Act shall prevent any person from being immediately, or at any time, re-appointed to any office or place under this Act if he is otherwise capable for the time being of holding that office or place. 56. Offences and penalties . (1) Any person who except with the prior approval of the Committee (proof whereof shall lie upon him) sells, or delivers or offers for sale, any eggs which he knows not to be part of his egg producer's basic hen quota, his egg producer's adjusted hen quota or his egg producer's temporary hen quota for the time being is guilty of an offence against this Act and is liable to a penalty not exceeding $1,000. (2) Any person who refuses or fails to furnish any information or record, return or other writing as required under this Act is guilty of an offence against this Act and is liable to a penalty not exceeding $100 and to an additional penalty not exceeding $500 if such person continues after conviction for an offence under this subsection to refuse or to fail' to furnish such information or record, return or other writing. (3) A person who contravenes or fails to comply with any provision of this Act is guilty of an offence against this Act. (4) Any person guilty of an offence against this Act, if no specific penalty is provided for that offence, is liable to a penalty not exceeding $200 and, if the offence is a continuing one, to a further penalty of $10 for each and every day during which such person continues that offence. 57. Notice to offender to show cause. The Committee may by notice call upon the holder of an egg producer's basic hen quota, an egg producer's adjusted hen quota or an egg producer's temporary hen quota who is convicted of an offence against this Act to show cause within the time specified in the notice why the Committee should not- (a) forfeit the egg producer's basic hen quota, egg producer's adjusted hen quota or egg producer's temporary hen quota concerned; or (b) reduce the amount of the quota concerned by such amount as is specified in the notice, and where sufficient cause is not shown within the time specified in the notice or within any extension of time which the Committee may allow, the Committee may deal with the egg producer's basic hen quota, egg producer's adjusted hen quota or egg producer's temporary hen quota according to the tenor of the notice. 58. Liability for offences by corporations, etc. (1) Except where otherwise expressly provided in this Act, where a corporation offends against this Act each and every one of the following persons shall be deemed to have committed the offence, and shall be liable to be proceeded against and punished accordingly, namely:- (a) the managing director, manager, or other governing officer, by whatever name called, and every member of the governing body, by whatever name called, thereof; and

Hen Quotas Act 1973, No. 13 83 (b) every person who in Queensland manages or acts or take§ part in the management, administration, or government of the business in Queensland of the corporation. (2) Subsection (1) applies so as not to limit or affect howsoever the liability of a corporation to be proceeded against and punished for an offence against this Act committed by it. (3) Except where otherwise expressly provided in this Act, where any member of a partnership, firm, unincorporated body or association of persons commits an offence against this Act, the other member or members, as the case requires, of that partnership, firm, body or association shall be deemed to have also committed the offence and shall be liable to be proceeded against and punished accordingly. (4) No person who is proceeded against pursuant to this section shall be convicted if the Court is satisfied that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to all the circumstances. 59. Recovery of i. ties. (1) All offences against this Act may be prosecuted in a summary way under The Justices Acts 1886. to 1968 upon the complaint of the chairman of the Committee, or of any person authorized by the Minister either generally or in the particular case. (2) A prosecution for an offence against this Act may be instituted at any time within twelve months after the commission of the offence or within six months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period. 60. Regulations. (1) The Governor in Council may from time to time make regulations, not inconsistent with this Act, for or with respect to- (a) the basis on which representatives on the Committee may be nominated by the various industry organizations prescribed by the regulations pursuant to paragraph (b) of subsection (2) of section 7; (b) any matter relating to the calling, conduct and adjournment of meetings of the Committee or any matter relating to the conduct of the sittings of the Appeals Tribunal; (c) providing for any matter concerning the records, finance, accounts or staff of the Committee; (d) providing for such additional functions and duties to be performed by the Committee as may be considered to be desirable; (e) prescribing the basis of allocation or reallocation of egg producers' basic hen quotas to be adopted by the Committee and the fixing of maximum egg producers' basic hen quotas that may be granted by the Committee; (f) providing for the determination and allocation of egg producers' adjusted hen quotas;

84 Hen Quota s Act 1973, No. 13 (g) providing for the determination and allocation of egg producers' temporary hen quotas; (h) defining districts in relation to allocation of hen quotas; (i) prescribing the basis on which the Committee may approve or disapprove of any transfer , amendment or forfeiture of an egg producer ' s basic hen quota; (j) prescribing forms under this Act , and the respective purposes for which such forms or forms to the like effect may be used; (k) prescribing returns of any information, statistics and data and the persons or classes of persons who shall furnish such returns and the times and places of the furnishing thereof; (1) prescribing the amount of any penalty . but not exceeding in any case $200 for any contravention of or failure to comply with a regulation; (m) providing for the subscribing of declarations as to the truth of any statement , application or return or any part or parts thereof made pursuant to this Act; (n) all matters required or permitted by this Act to be prescribed; (o) all matters and purposes whether general or to meet particular circumstances that may be convenient for the administration of this Act or that may be necessary or expedient for carrying out the objects and purposes of this Act. (2) The power to make for or with res pec t to any persons or any matters or things whatsoever , any regulation includes power to make that regulation so that it may be of general or specially limited application according to time, place , purposes, class, description or -circl or otherwise as is prescribed , and so that any regulation of s- -ial=y Iimited application may or may not differ from any other regulr''c n of specially limited application with res pec t to the same persons, matters or things. (3) The power to make regulations for or with respect to any m;.: r or thing shall include the power to make regulations prohibiting tha in t! r or thing either generally or to meet particular cases. 61 , a < " in Cow Order in Council and regC. ion made un, :r n this '. UC sF (a) be .; i ` , fished in the Gazette; (1) Every (b) upon its publication in the Gazette , be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (c) take effect on and from the date of such publication unless, in the case of any regulation , a later date is. s1 c' '' in that or any other such regulation for its commencemer when in such event it shall take effect fron, at later date; and (d) be laid before the Legislative Ass. '31y within foul :een sitting days after such publication if the Legislative is in session, but , if not, then within fourteen sitting d, the commencement of the next session.

Hen Quotas Act 1973, No. 13 85 (2) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such Order in Council or regulation has been laid before it disallowing the same or part thereof, that Order in Council, regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done thereunder in the meantime or to the power to male. a further Order in Council or regulation.