Hen Quotas Act Amendment Act 1975 (Qld)

322 ANNO VICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 18 of 19 75 An Act to amend the Hen QuotasAct 1973 in certain particulars [ASSENTED TO 15TH MAY, 19751 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:- 1. Short title and citation . (1) This Act may be cited as the Hen Quotas Act Amendment Act 1975. (2) The Hen Quotas Act 1973 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Hen Quotas Act1973-1975. 2. Amendment of s. 6 . Section 6 of the Principal Act is amended by- (a) inserting after the definition " Commonwealth Minister " the following definition:- " " egg producer " means a person who keeps more than 20 hens;"; (b) inserting after the definition " Minister " the following definition:- " " over quota hens " means hens kept by an egg producer in excess of his quota flock or temporary quota flock;". 3. Amendment of s. 25. Section 25 of the Principal Act is amended by- (a) numbering the present section as subsection (1); (b) adding at the end thereof the follow ing subsections:- (2) A member of the Committee or person authorized in writing in that behalf by the chairman of the Committee either generally or in a particular case , at all reasonable times- (a) may enter and remain in or on any place if he suspects on reasonable grounds that there are in that place- (i) hens kept for any purpose; (ii) books, papers, documents or writings with respect to the keeping of hens for any purpose, and that in respect thereof an offence against this Act has been committed, is being committed or is likely to be committed;

Hen Quotas Act Amendment Act 1975, No. 18 323 (b) may search any place so entered and inspect , examine and count hens found therein or thereon and inspect and examine any books, papers , documents or writings found therein or thereon and take notes or copies of or extracts therefrom; (c) may seize and detain hens found by him in any place, that he has reasonable grounds for believing are over quota hens or hens in respect of which an egg producer's basic hen quota, egg producer's adjusted hen quota or egg producer's temporary hen quota has not been allocated; (d) may remove hens seized by him from the place where they were seized to such place as he determines or allow those hens to remain at the place of seizure and in the latter case make such arrangements as he considers necessary to protect them. (3) Where hens are seized and detained under subsection (2) the chairman of the Committee shall as soon as practicable thereafter give notice of the seizure and detention of those hens- (a) to the person who was at the time of seizure apparently in charge thereof; (b) where there was. no person apparently in charge thereof, to the owner or occupier of the place where the hens were seized. (4) (a) Before a member of the Committee or person authorized in that behalf enters any part of premises which part is being used exclusively as a dwelling-house he shall, save where he has the permission of the occupier of that part to his entry, obtain from a justice a warrant to enter. (b) A justice who is satisfied on the complaint of a member of the Committee or authorized person that there is reasonable cause to suspect- (i) that there are in any place hens kept for any purpose; (ii) that there are in any place books, papers, documents or writings with respect to the keeping of hens for any purpose; and (iii) that in respect thereof an offence against this Act has been committed, is being committed or is likely to be committed, may issue his warrant directed to a member of the Committee or authorized person to enter the place specified in the warrant for the purpose of exercising therein the powers conferred upon him by this section. (c) A warrant shall be, for the period of one month from the date of its issue , sufficient authority for the member of the Committee or, as the case may be, authorized person and all persons acting in aid of him- (i) to enter the place specified in the warrant; and (ii) to exercise therein the powers conferred upon him by this section. (d) In this subsection, premises that are used as a dwelling-house do not include the curtilage of those premises. (5) For the purposes of gaining entry to any place a member of the Committee or authorized person may call to his aid such persons as he thinks necessary and those persons, while acting

324 Hen Quotas Act Amendment Act 1975. Vo. 18 in aid of such member or authorized person in the lawful exercise by him of his power of entry, shall have alike power of entry. (6) A person shall not assault, obstruct, threaten, abuse, insult or intimidate a member of the Committee or person authorized in accordance with subsection (2) in the exercise of any power or the discharge of any function or duty conferred or imposed upon such member or authorized person by this section, or attempt so to do.". 4. New s. 25A. The Principal Act is amended by inserting after section 25 the following section:- " 25A. Right of person aggrieved . (1) A person aggrieved by a seizure of hens made under section 25 (2) may within 72 hours after that seizure make a complaint before a justice and that complaint may be heard and determined by a Magistrates Court constituted under the JusticesAct1886-1974 having jurisdiction in the Magistrates Courts District in which the seizure was made. Upon the hearing the Court may confirm wholly or in part or disallow the seizure and may make such order as to costs and compensation as it thinks fit. (2) If no complaint is made in accordance with subsection (1) or if a seizure under section 25 (2) is confirmed (whether wholly or partially), those hens in respect of which the seizure has been confirmed shall thereupon become the property of the Committee and may be destroyed or otherwise disposed of as the Committee thinks fit. Where the court disallows such seizure or part, hens the subject of that seizure or part shall be returned by the Committee to the person from whom they were seized. (3) Where hens are disposed of under subsection (2) by the sale thereof, the proceeds of that sale shall be paid to the person from whom the hens were seized or to any other person who, in the opinion of the Committee, was the owner of those hens at the time of the seizure.". 5. Amendment of s. 26. Section 26 of the Principal Act is amended by, in subsection (2), in provision ( a), inserting after the word barrister-at-law ," the words " a solicitor,". 6. A mendment of s. 45. Section 45 of the Principal Act is amended by, in subsection (1), inserting after provision (a) the following provision:- 44 during the currency of the quota the egg producer is keeping over quota hens; ". 7. Amendment of s. 54. Section 54 of the Principal Act is. amended by, in subparagraph ( d), inserting after the word " Committee the words " or person authorized by the Committee under section 25 ". 8. Amendment of s. 56. Section 56 of the Principal Act is amended by omitting subsection ( 1) and substituting the following subsection: " (1) Any person who, except with the prior approval of the Committee (proof whereof shall lie upon him)- (a) sells, or delivers or ,offers for sale eggs from hens that he knows are not part of- (i) his egg producer ' s basic hen quota;

Hen Quotas Act Amendment Act 1975, No. 18 325 (ii) his egg producer's adjusted hen quota; (iii) his egg producer's temporary hen quota; (b) keeps over quota hens, is guilty of an offence against this Act. Penalty : $1 000.". 9. New s. 62. The Principal Act is amended by inserting after section 61 the following section:- " 62. Evidentiary provisions. In any proceeding for the purposes of this Act- (a) it shall not be necessary to prove the constitution of the Committee or Appeals Tribunal or the appointment of any member thereof or the secretary, any other officer or employee thereof or person authorized thereby or the authority of the Committee or Appeals Tribunal or any member thereof or the secretary, any other officer or employee thereof or person authorized thereby to do any act, make any order or give any direction or to issue and serve any notice or to take any proceeding; (b) a writing purporting. to be a copy of a notification, requisition, direction, demand, order or other document given or made by or on behalf of the Committee or Appeals Tribunal and purporting to be duly signed, given or made by the chairman or secretary thereof or any person authorized thereby shall upon its production be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein and of the dtte signature, giving or making of the original of which it purports to be a copy; (c) a writing verified by a certificate purporting to be signed by the secretary to the Committee or Appeals Tribunal and to be a true copy of an extract from a document or an entry in a book or record, which document, book or record is in the custody of the Committee or Appeals Tribunal or appropriate Board or of any person on behalf of the Committee, Appeals Tribunal or appropriate Board shall upon its production be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the writing and in the certificate and that the signature on the certificate is the signature of the person by whom it purports to have been signed; (d) An averment of the chairman or secretary of the Committee or Appeals Tribunal- (i) that a particular person is the holder of an egg producer's basic hen quota, egg producer's adjusted hen quota or egg producer's temporary hen quota; (ii) that a quota flock or temporary quota flock is of a specified size; (iii) that a specified decision was made by the Committee or Tribunal in pursuance of its powers under this Act, shall be sufficient evidence of that fact.".