Local Government and Dairies Supervision (Amendment) Act 1960 (NSW)

LOCAL GOVERNMENT AND DAIRIES SUPERVISION

(AMENDMENT) ACT.

Act No. 52, 1960.

An Act to make further provision with respect to the administration by councils of the Dairies Super­ vision Act, 1901, as amended by subsequent Acts; for this and other purposes to amend the Local Government Act, 1919, as amended by subsequent Acts, and the Dairies Supervision Act, 1901, as amended by subsequent Acts; and for purposes connected therewith. [Assented to, 24th Novem­ ber, 1960.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative	Council and Legislative Assembly of New South Wales in
Parliament assembled, and by the authority of the same, as follows: —

(1) This Act may be cited as the "Local Government and Dairies Supervision (Amendment) Act, 1960".

1.

(2) The Dairies Supervision Act, 1901, as amended by subsequent Acts and by this Act, may be cited as the Dairies Supervision Act, 1901-1960.

94A. (1) Where the Governor has received a report of the Minister for the time being administering the Dairies Supervision Act, 1901, as amended by subsequent Acts, that any council charged with the administration of that Act, as so amended, within its area or any part of

2. The Local Government Act, 1919, as amended by subsequent Acts, is amended by inserting next after section ninety-four the following new section : —

of its area, is not carrying out the administration of that Act, as so amended, to the satisfaction of that Minister, the Governor may by notice in writing require that council to appoint such number of persons, approved by the Minister, as may be specified in the notice to be servants of the council employed in the administration by the council of that Act, as so amended.

In default of the council's complying with the require­ ments of any such notice within three months after the service of the notice on the council, the Governor may appoint persons, approved by the Minister, and not exceeding the number specified in the notice, to be servants of the council employed in the administration by the council of the said Act, as so amended, and may fix the terms of any such appointment.

(2) Where any person is appointed pursuant to subsection one of this section to be a servant of a council, the council shall not, except with the approval of the Governor, employ him otherwise than in the administra­ tion of the Dairies Supervision Act, 1901, as amended by subsequent Acts, in the area or part of the area in which that council is the local authority within the meaning of that Act, as so amended.

(3) The salary of any person appointed pursuant to subsection one of this section to be a servant of a council shall be paid by the council and any such person shall not be dismissed, nor shall the terms of his appointment be altered, except by the Governor.

(4) (a) Subsection one of this section shall extend to authorise the Governor to make a requirement

that two or more councils join in making the appointment,

and to authorise the Governor to appoint one or more persons as aforesaid to be servants of the councils jointly, employed in the administration by those councils of the Dairies Supervision Act, 1901, as amended by subsequent Acts, and to fix the terms of any such appointment.

(b) Where, pursuant to this section, the
Governor appoints any person to be a servant of two
or more councils jointly, subsection three of this section
shall

shall be read and construed as requiring the salary of that person to be paid by the councils to whose service he is so appointed in such shares or proportions as the Governor may determine.

3 . The Dairies Supervision Act, 1901, as amended by

subsequent Acts, is amended—

(a)	by inserting at the end of paragraph four of section six the words "or, in the case of dairy-premises and milk-stores, which do not comply with the requirements of any regulation relating to dairy- premises or milk-stores, as the case may be, made under subsection (1A) of section seventeen of this Act";
(b)	by inserting next after subsection one of section seventeen the following new subsection: —

(1A) Without limiting the generality of subsection one of this section regulations may be made for and with respect to prescribing requirements to be observed as to—

(a)	the location, lay out, design, construction and maintenance of dairy-premises and milk- stores; and
(b)	the provision and construction of facilities on or in dairy-premises or milk-stores for securing the wholesomeness and freedom from contamination of milk or cream and
the cleaning and sterilising of cans, vessels, utensils, appliances and equipment used in

dairy-premises or milk-stores.

RURAL