Hide, Skin, and Wool Dealers Act of 1958 (7 Eliz Ii No. 34) (Qld)

MERCANTILE LAW. 7 E liz . II. No. 34, 1959. Hide, Skin, and Wool Dealers Act. 493 MERCANTILE LAW. (1) Hide, Skin, and Wool Dealers Act of 1958 7 Eliz. II. No. 34 (55) Registration of Firms Acts Amendment Act of 1958 7 Eliz. II. No. 51 An Act to Regulate the Buying and Selling ofHides, 7 N E o l . iz 3 . 4 I . I. Skins, and Wool, and for purposes incidental TS hkein , H aidned , thereto and consequent thereon. W ool D ealers A ct of 1958. [A ssented to 30 th O ctober , 1958.] E it enacted by the Queen’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:— 1. (1.) This Act may be cited as “ The Hide, Skin, Short title. and Wool Dealers Act of 1958.” *(2.) This Act shall come into operation on a date to Commence, be fixed by the Governor in Council by Proclamation^^, published in the Gazette. ' (3.) This Act does not apply to any tra: nsaction Exemptions, with respect to hides, skins, or wool entered into by a person who is a tanner in respect of his busfmess as su ch. 2. This Act, including every Proclamation and Severability, regulation made hereunder, shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any such Proclamation or regulation would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power. 3* In this Act unless the contrary intention appears, Meaning of the following terms shall have the meanings respectively term8, assigned to them, that is to say:— “ Applicant ”—Applicant for the issue or transfer Applicant, or renewal of a license ; * Commenced 1 Oct., 1959. (Proc. pubd. Gaz., 4 April, 1959, p. 1868.)

494 MERCANTILE LAW. Sidey Skin, and Wool Dealers Act . 7 E liz . II. No. 34, Buy. Court. District. Hide or skin. License. Licensee. Sell. “ Buy ”—Includes buy, receive, or accept under an agreement to sell, or to offer to receive or accept or cause, suffer or allow to be received or accepted under an agreement to sell; “ Court ”—A stipendiary magistrate or any two justices of the peace sitting in petty sessions ; “ District ”—A petty sessions district constituted under *“ The Justices Acts , 1886 to 1956 ” ; “ Hide ” or “ skin ”—The hide or skin, before treatment in any process of manufacture, of any horse, mare, gelding, colt, filly, ass, mule, bull, cow, ox, heifer, steer, calf, camel, ram, ewe, wether, lamb, goat, kid, fox, rabbit, hare, or marsupial but does not include the hide or skin of any animal which is a protected animal within the meaning of t“ The Fauna Conservation Act of 1952 ” ; “ License ”—A license and any renewal thereof issued under this Act and in force at any material time; “ Licensee ”—The holder of a license ; “ Sell ”—Includes sell barter or exchange, agree to sell barter or exchange, offer exhibit expose store have in possession send consign or deliver for or on sale, receive for sale, cause suffer or allow to be sold bartered or exchanged or to be agreed to be sold bartered or exchanged, cause suffer or allow to be offered exhibited exposed stored had in possession sent consigned or delivered for or on sale, or cause suffer or allow to be received for sale, or attempt to do any such acts or things. Every person 4. (1.) Any person who, not being a licensee, buys bseullyiinngghoirdes, any hide skin, or wool shall be o guilt j y of an offence skins, or against this Act. wool to be . . licensed. (2.) Subsection one of this section shall not apply where the hide, skin, or wool— (a) Is to be used by the buyer for the purposes of, or in connection with, his business (not being the business of hide, skin, and wool * 50 V. No. 17 and amending Acts, t 1 Eliz. 2. No. 13.

MERCANTILE LAW. 1958. Hide, Skin, and Wool Dealers Act. dealing) and is purchased at the premises where the same is carried on, or is to be used by the buyer for some domestic purpose, or as raw material for manufacturing purposes, and in any of such cases where the buyer keeps a record book in. which is recorded the date, time, and place at which the purchase is made and the name and address of the vendor; or (b) Is bought for an educational institution for any purpose whatsoever; or (c) Is bought by an overseas wool buyer at auction. (3.) Any person who— (a) Not being a licensee, sells any hide, skin, or wool; or (b) Being a licensee, sells any hide, skin, or wool to any person other than a licensee, shall be guilty of an offence against this Act. (4.) Subsection three of this section shall not apply to the sale— (a) To any licensee of any hide, skin, or wool taken from an animal the property of the seller; or (b) By any person of any hide, skin, or wool as mentioned in paragraph (a) of this subsection, or by any licensee of any hide, skin, or wool if, in either case, it is to be used by the buyer for the purposes of, or in connection with, his business (not being the business of hide, skin, and wool dealing), or for some domestic purpose, or as raw material for manufacturing purposes; or (c) By any person of any hide, skin, or wool as mentioned in paragraph (a) of this subsection, or by any licensee of any hide, skin, or wool to an educational institution for whatever purpose it is to be used; or (d) By an auctioneer licensed under *“ The Auctioneers and Commission Agents Acts , 1922 to 1953,” in the ordinary course of his * 13 G. 5 No. 27 and amending Acts. 495

496 MERCANTILE LAW. Hide, Skin, and Wool Dealers Act. 7 E liz . II. No. 34, business as a licensed auctioneer, of any hide, skin, or wool to any person, whether such person is a licensee or not or where the sale is by a firm or corporation and the offer for sale by public auction is made or the sale by public auction is effected by an auctioneer so licensed in the employment of such firm or corporation. (5.) Where in any proceedings for an offence against this section the defendant alleges— (i.) That the hide, skin, or wool with respect to which such offence is alleged to have been committed was taken from an animal the property of the seller ; or (ii.) That the said hide, skin, or wool was bought or sold to be used by the buyer for the purpose of, or in connection with, his business (not being the business of hide, skin, and wool dealing), or for some domestic purpose, or as raw material for manufacturing purposes, it shall be necessary for the defendant to prove to the satisfaction of the court that— (а) Such hide, skin, or wool was taken as alleged ; and (б) In any of the cases specified in paragraph (ii.) of this subsection that— (i.) Where the defendant was the buyer, the provisions of paragraph (a) of subsection two of this section; or (ii.) Where the defendant was the seller, the provisions of paragraph ( b) of subsection four of this section, have been complied with. (6.) Subsections one and three of this section shall not apply to the receipt by any co-operative society registered under *“ The Co-operative Societies Acts, 1946 to 1951,” or any primary producers’ co-operative association registered under f“ The Primary Producers ’ Co-operative Associations Acts, 1923 to 1934,” of any hides, skins, or wool for the purposes of carrying out * 10 G. 6 No. 50 and amending Act. •f 14 G. 5 No. 45 and amending Acts.

MERCANTILE LAW. 1958. Hide, Skin, and Wool Dealers Act. classing, repacking, weight adjusting, pooling, or otherwise treating such hides, skins, or wool, for sale by an auctioneer licensed under *“ The Auctioneers and Commission Agents Acts, 1922 to 1953,” nor to or in respect of the purchase or sale of— (a) Hides, skins, or wool sold, or w nch have been sold by public auction or aft 3r offer at public auction; or (b) Fellmongered wool. (7.) Nothing in this section shall be c eemed to render any contract for the sale of any hid« !, skin, or wool illegal or void. 497 5. (1.) A license shall be in or to the effect of the Licenses, form prescribed, shall specify the premises wherein the business is to be carried on, and, unless sooner cancelled, shall remain in force for twelve months from the date of its issue. (2.) A license may be renewed in the prescribed manner, and on each renewal shall have effect for a further period of twelve months. (3.) (a) A license may be transferred upon the application of the transferee, and a license may, upon the application of the licensee, be varied to authorise the carrying on of the business at any premises approved by the court. (6) Where a license is transferred the fact and date of the transfer and the name and description of the person to whom the license is transferred and the description of the premises at which the business is to be carried on shall be endorsed upon the license, and the person named as the transferee or the premises described in such indorsement shall thereupon and thenceforth for all purposes be deemed to be the person to whom or the premises in respect of which the license was granted. (4.) (a) In this subsection “ registered ” means registered under f“ The Registration of Firms Acts, 1942 to 1953.” * 13 G. 5 No. 27 and amending Acts, f 6 O. 6 No. 24 and amending Act.

498 MERCANTILE LAW. Hide, Skin, and Wool Healers Act. 7 E liz . II. No. 34, (6) Subject to this subsection a license may be applied for by, issued to and held by a registered firm in the firm name. (c) At all times when a license issued to a registered firm in the firm name is in force the provisions of this Act shall apply with respect to any and every registered member of that firm as if he held that license in his own name. (d) For the purposes of paragraph (c) and of paragraph (e) of this subsection a person shall continue to be a registered member of a firm while his name continues to appear as a member of the registered firm in question in the register, under *“ The Registration of Firms Acts, 1942 to 1953,” of all registered firms and of all notices registered in reference thereto. (e) In the application of section seven of this Act with respect to a licensee which is a registered firm, the expression “ licensee ” includes every registered member of that registered firm. Procedure. 6. (1.) An application for the issue, renewal, variation, or transfer of a license shall be in or to the effect of the form prescribed, and shall be lodged with the clerk of the court of the district in which the business premises in respect of which the license is applied for are situated, or if there is more than one court in any such district, then with the clerk of the court within such district nearest to such business premises. (2.) Upon receipt of an application for the issue, renewal, or transfer of a license, the clerk shall forthwith notify the officer in charge of police at the nearest police station, who shall inquire into the character of the applicant and report as to whether he is a fit and proper person to be, or to continue to be, a licensee. (3.) (a) Upon the hearing of an application for a new license or for the variation or transfer of a license the applicant shall attend in person, or in the case of a company a representative authorised under the seal of the company. (6) Upon the hearing of an application for the renewal of a license the applicant shall not be so required to attend unless notified by the clerk of the court that * 6 G. 6 No. 24 and amending Act.

MERCANTILE LAW. 1958. Hide, Skin, and Wool Dealers Act. the grant of his application will be objected to. The notice shall set out shortly the nature of the objection proposed to be made. (4.) No application shall be heard until after the expiration of seven days after the lodging of the application. (5.) No application shall be heard except by a court. (6.) Every application shall be heard in open court, and the consideration of the application shall be deemed to be a judicial proceeding. (7.) It shall be the duty of the court to refuse the issue, transfer, or renewal of a license to any applicant who is not a fit and proper person to be a licensee. (8.) Such fee as may be prescribed shall be paid for a license or renewal, variation, or transfer thereof. 499 7. (1.) If upon the hearing of a summons to show cause it is made to appear to a court that any licensee— (a) Has been convicted of an offence against this Act or the regulations; or ( b) Is not a fit and proper person to be a licensee, the court may order that the license be cancelled. (2.) Such person shall surrender his license to the clerk of the court. (3.) The procedure on such summons shall be as prescribed. (4.) Such person shall be deemed to be unlicensed as from the date of the final order or cancellation upon the summons.8 a' 8. (1.) Every licensee shall in the forms prescribed, ^>°°rdtto keep in a legible manner in a written record, including ° ep' a store book and a vehicle book, full particulars of all his dealings in hides, skins, or wool. Each entry in a store book or a vehicle book shall be made in duplicate and shall be signed by the person selling the hides, skins, or wool referred to in such entry.

500 MERCANTILE LAW. Hide, Shin, and Wool Dealers Act. 7 Bwz. II. No. 34, (2.) The record shall be open to inspection at all reasonable times by any member of the Police Force. Every licensee upon being required so to do, shall produce the record kept by him for inspection by a member of the Police Force. , (3.) Every licensee shall keep all lots or parcels of hides, skins, or wool bought or received by him (other than lots bought from a licensed auctioneer at public auction or after offer at public auction) together with the container thereof (if any) for a period of seven days or such further period not exceeding twenty-one days as may be specified in a notice given to the licensee by the local officer in charge of police after the same have been bought or received by him without altering or obliterating any brand, marking, or writing on the hides, skins, wool, or container, or disposing of the same in any way: Provided that the local officer in charge of police may before the expiration of any such period issue to the licensee a permit in the prescribed form authorising him to deal with any such lot or parcel in the manner specified in the permit; and thereupon the licensee may, notwithstanding that any such period has not elapsed, deal with such lot or parcel in the manner specified in such permit. (4.) Any person who contravenes any of the provisions of this section shall be guilty of an offence against this Act.9 * * Powers of 9. Any member of the Police Force may at all mPoelmicbeeFrsorocfe. reasonable times— (a) Enter and search any premises used, whether by a licensee or not, for the purpose of storing hides, skins, or wool or which he has reasonable cause to believe are being used for such purpose ; ( b) Search, or stop and search, any vehicle used, whether by a licensee or not, for the purpose of carrying hides, skins, or wool or which he has reasonable cause to believe is being used for such purpose ; (c) Inspect any hides, skins, or wool found in or on such premises or vehicle;

MERCANTILE LAW. 1958. Hide, Skin, and Wool Dealers Act. (d) Inspect any such record book as is referred to in subsection two of section four of this Act; (e) Require the production of any license which by this Act is required to be had or kept and inspect the same ; and (/) Examine and take copies of or extracts from any license, record book, or other record or book which by this Act he is empowered to inspect. 501 10. Any person who— obstruction (i.) In any way obstructs, hinders, prevents, orofficers- interferes with any member of tfye Police Force in the exercise of any of the powers conferred or the discharge of any of the duties imposed on him by this Act or attempts so to do ; or (ii.) Fails to comply with the lawful requisition or any part of the lawful requisition of any member of the Police Force, shall be guilty of an offence against this Act. 11. (1.) Every licensee shall at all times keep Name, &c., conspicuously painted or otherwise marked] bn all posted up1 premises and on every vehicle used by him in the course and license of or in connection with his business as a licensee in Produced- such manner and situation as may be prescribed, the initials of his Christian names together with his surname, and the words “ Licensed Dealer in Hides, Skins, and ool ”. (2.) A licensee shall upon demand made by any plerson with whom he negotiates, or attempts or offers to negotiate, any transaction in respect of which he is required by this Act to hold a license or with whom he enters into any such transaction, produce his license to that person for inspection.12 * 12. Any person who, not being a licensee,— Unlicensed (a) Takes, uses, or exhibits the name or title of pretending or in any way pretends to be a licensee; or i^naed-

502 MERCANTILE LAW, Hide, Skin, and Wool Dealers Act. 7 E liz . II. No. 34, (6) Takes, uses, or exhibits any title or term which may be construed to mean that he is licensed to carry on the business of buying hides, skins, or wool, shall be guilty of an offence against this Act. Offences: Penalty. 13. (1.) Any person who contravenes or fails to comply with any of the provisions of this Act shall be guilty of an offence against this Act. (2.) Every person guilty of an offence against this Act shall be liable to a penalty not exceeding one hundred pounds, or to imprisonment for a term not exceeding twelve months. (3.) All offences against this Act may be prosecuted in a summary manner under *“ The Justices Acts, 1886 to 1956.” (4.) In any proceedings for an offence against section four or section twelve of this Act the onus shall be on the defendant to prove that he is a licensee. (5.) In any proceedings for an offence against this Act, every entry in any record or book kept or belonging to any licensee or person, or found on his premises, shall be deemed unless the contrary is shown, to have been made by or under the authority of such licensee or person. (6.) In any proceedings against a licensee for an offence against this Act, the licensee shall produce his license to the court before which the proceedings are taken. (7.) The Court before which a licensee is convicted of an offence against this Act may, in addition to any penalty imposed, order that the license be cancelled, and may indorse thereon a memorandum of such conviction and cancellation; and in such case the license shall be retained by the clerk of the court, and the licensee shall be deemed to be unlicensed as from the date of the order.14 Appeal. 14. (1.) Any person aggrieved by a refusal to grant an application under this Act, or by an order for the cancellation of a license, may appeal from that refusal or order under *“ The Justices Acts, 1886 to 1956,” * 50 V. No. 17 and amending Acts.

MERCANTILE LAW. 503 1958. Hide, Skin, and Wool Dealers Act. as if the same were a penalty imposed upon conviction for an offence by justices sitting as a court of petty sessions. (2.) The provisions of Part IX. of *“ The Justices Acts, 1886 to 1956,” shall, with and subject to all necessary adaptations, apply to appeals under this section. 15. No matter or thing done or state 3 m me ent made Protection of or report furnished by any member of the Police Porce pX®p?>roe or by any other person in good faith and [without &c. ’ negligence, for the purpose of executing this Act or in the execution of his powers and duties under this Act, shall subject the Crown, the member of the Police Force, or the other person to any liability in respect thereof. 16. (1.) The Governor in Council may from time Regulations, to time make regulations, not inconsistent with this Act, prescribing all matters and things which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for giving effect to this Act and, without limiting the generality of the foregoing provisions of this subsection in particular— (i.) Prescribing the forms of licenses and of renewals and transfers of licenses and of applications for the same ; (ii.) Providing for the issue of duplicate licenses to replace licenses which have been accidentally lost or destroyed or whereon the particulars have become illegible, and the procedure to be adopted for obtaining duplicate licenses; (iii.) Prescribing the manner and situation of painting or otherwise marking on premises and vehicles used by a licensee in the course of his business as such licensee the words required by section eleven of this Act; (iv.) Providing for the disposal by the clerk of the court of licenses retained by him or surrendered on cancellation; (v.) Prescribing fees payable under this Act (which Fees, fees may differ with respect to different matters or things or classes of matter or * 50 V. No. 17 and amending Acts.

504 MERCANTILE LAW. Hide, Skin, and Wool Dealers Act. 7 E liz . II. No. 34, 1958. thing) and the matters and things and classes of matter or thing in respect of which such fees shall be paid, and prescribing the persons by whom and the places and times when and where such fees shall be paid. oPrefugbulliactaitoinosn, unde1r 7th. i(s1. ) AcEtvsehryallP— roclamation and regulation made &c. (i.) Be published in the Gazette ; (ii.) Upon publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (iii.) Take effect from the date of such publication, unless, in the case of any such regulation, a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date; and (iv.) Be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session, and if not, then within fourteen sitting days after the commencement of the next session. (2.) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation or regulation has been laid before it disallowing such Proclamation or regulation or part thereof, that Proclamation or regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation or regulation.