Marketing of Primary Products (Amendment) Act 1928 (NSW)

MARKETING OF PRIMARY

PRODUCTS (AMENDMENT) ACT.

Act No. 19, 1928.

A n Act to a m e n d t h e M a r k e t i n g of P r i m a r y P r o -

duc t s Act , 1927, and cer ta in o the r A c t s ;

and for purposes connec ted t h e r e w i t h .

[Assented to , 16th J u n e , 1928.]

clamation published in the Gazette.

lative Council and Legislative Assembly of JSCW South BE it enacted by the Kind's Most Excellent Majesty, by and "with the advice and consent of the Legis-

Wales in Parliament assembled, and by the authority of the same, as follows :—

1 .    (1) This Act m a y b e cited as the "Marke t ing of

Primary Products (Amendment) Act, 1928."

(2) Phis Act shall come into operation on a day
to he appointed by the Governor and notified by pro-

2. T h e M a r k e t i n g of P r i m a r y P roduc t s Act , 1927, is

a m e n d e d —

(a) (i) by omi t t i ng from section four t h e definition

of " consumer " ;

(ii) (a) by omi t t ing from t h e definition of

" p r o d u c e r " in t h e same section t h e

word " e ighteen " a n d by inser t ing in l ieu thereof t he word " twenty-one " ;

(b) by omi t t i ng from t h e same definition

t h e word " fa ther ' s " and by inser t ing

in l ieu thereof t he word " pa ren t ' s " .

(c) by adding at the end of the same definition t he following words :—

W h e r e any p roduc t is t he p roduc t ion

of m a n u f a c t u r e or t r e a t m e n t of an

ar t ic le g rown or produced by a fa rmer , orchardis t , vegetable grower, grazier, pou l t ry farmer , apiarist , or da i ryman ,

t h e grower or producer of t h e ar t icle

shall for t h e purpose of a n y pet i t ion or poll unde r this A c t be deemed to be

t h e p roducer of t he product .

(hi) (a) by omi t t ing f rom t h e definition of

" p r o d u c t " in t h e same section t h e

word	" w o o l " ;
(b)	by omitting from the same definition t h e words " fresh mi lk " and by inser t ­ ing in lieu thereof t he word " bacon " ;
(c) by omi t t i ng from t h e same	definit ion

t he words " or dried l e x i a s " and by

inser t ing in l ieu thereof t he words

" dried lexias , wOOI or fresh milk " ;

(iv) by omi t t ing from t h e same sect ion t h e

Avords " N o t h i n g in this	A c t	shall	apply
to w o o l " ;

(b) (i) by omi t t ing from subsect ion one of section five t h e word " commodi ty " where firstly occurr ing and by inser t ing in l ieu thereof t h e word " product " ;

(ii)   by omitting from the same subsection the words " a n d for such t ime as is specified in

t h e p roc lamat ion " ;

(iii)

(iii) (a) b y omi t t i ng from subsection three of

t h e same section the word " t h r e e " ;

(b)	by o m i t t i n g from t h e same subsection t h e word " fifty " and by inser t ing in
lieu thereof t h e word " t h i r t y " .

(iv)   by adding after subsection four of section fire t h e following new subsect ions : —

(4A) The n u m b e r of representa t ives t o

be elected shall be s ta ted in t h e proc lama­

t ion and shall be e i ther two three or five.

(4B) The Governor m a y by the same or

ano ther	p roc lamat ion	appoin t	electoral
distr icts and	fix	t he n u m b e r of	represen ta ­
tives which	each	dis t r ic t shal l be	ent i t led
to elect.

(4c) The election shall be conduc ted
upon a system of preferent ial vo t ing , a n d
shall be carried out in the manne r prescr ibed.
(v) (a) by omi t t i ng from subsection five of
t he same section the word " s e c t i o n "

and by inser t ing in l ieu thereof t h e

word " A c t " ,

(b)	by omitting from the same subsection
t h e words " i f a board is cons t i tu ted
u n d e r th is A c t as a resul t of any such
poll " .

(vi) by o m i t t i n g subsection six of t h e same

section and by inser t ing in lieu	thereof
t he following :—

(0) No person shall vote on any poll

t aken unde r the provisions of th is A c t

producers which the Min i s te r shal l cause unless his n a m e is inc luded in t he list of
to be compiled in the prescr ibed m a n n e r ;
(vii)	by adding after subsection seven of the
same section t he following new sub-
s e c t i o n : —
(7A) A n y person whose n a m e has been omi t t ed from t h e rol l may in t h e m a n n e r
prescr ibed m a k e appl ica t ion to a cour t
consis t ing of a s t ipendiary or police mag i s ­
t ra te for an order t h a t his n a m e m a y be
added to t he roll .

The

The cour t m a y hea r and de te rmine any

appl icat ion u n d e r this subsect ion and m a y m a k e such order as it th inks fit as to t h e costs of t he appl ica t ion which may be recovered in the same m a n n e r as the costs of a n y o ther proceeding before t he masris-

t r a t e s i t t ing in pe t ty sessions.

(viii)   by omitting from subsection eight of the same section all words from t h e commence­ m e n t of t h e subsect ion u p to and inclus ive

of t h e words " a v a i l e d o f" and by inser t ing

in lieu thereof t he following w o r d s : —

" W h e r e a p roduc t has been declared a commodi ty and a board has been appoin ted in respect thereof."

(ix)   by omitting from paragraph (e) of subsec­ t ion eleven of t he same section t he words " m a y be a m e n d e d " and by inser t ing in

l ieu thereof the following words " b e

amended or revoked ."

(x)   by omitting subsection twelve of the same

section and by inser t ing in l ieu thereof t h e

following subsection :—

(12) U p o n the pet i t ion of a representa­

t ive n u m b e r (not less t h a n one h u n d r e d or

one half t he n u m b e r engaged in p roduc ing

a	p roduc t	where	t ha t	n u m b e r	does	n o t
exceed	one	h u n d r e d	and	fifty)	of	t h e

producers of any par t i cu la r p roduc t w i th in t h e area for which it has been declared a commodity , t he Governor m a y direct t h a t

a poll of t he producers wi th in t h a t area be

t aken as to whe the r t he board cons t i tu ted

for t h a t p roduc t should be dissolved,	b u t
no such poll shall be directed wi th in	t h r e e

years after t he const i tu t ion of t h e board

nor w i t h i n th ree years after any s imi la r poll upon which t h e quest ion of t h e dis­ solution of t he board has been decided in

t h e negat ive .

I f a t any such poll a major i ty of t h e

votes polled is in favour of a dissolution, and

t h e

t h e votes polled are g iven by a t least t w o - th i rds of t he producers ent i t led to vote, t h e

board shal l be dissolved by p roc lamat ion .

A n y person ent i t led to vote on a pol l he ld u n d e r t h e provisions of this sect ion who fails to vote shal l be liable to a pena l ty of no t less t h a n two pounds .

(c) by omi t t ing the last s u b p a r a g r a p h of pa ra ­

g raph (c) of the proviso to section six.

(d) (i) by omi t t i ng subsection one of section seven a n d by inser t ing in l ieu thereof the follow­ ing new subsection :—

The Governor shall , as soon as p rac t ic ­ able af ter t he appl icat ion of th i s A c t to a commodi ty , appoin t in respect thereof a

(1)

M a r k e t i n g Board .

The board shal l consist of t h e persons elected by t h e producers of t he commodi ty in accordance wi th t h e provisions of section five of this Act , and, it two such persons have been elected, one o the r member , or, it th ree or five such persons have been elected, two o ther member s .

The a p p o i n t m e n t of t he board shal l be

notified by t h e Governor by proc lamat ion

in the Gazet te .

On t h e publ ica t ion of t he notification t h e

board shal l be deemed to be du ly const i ­

tu t ed .
(ii) By omi t t i ng subsec t ion two of t h e	same

section, and by inse r t ing in l ieu thereof

t h e following subsect ion :—

(2) The m e m b e r s of t he board shall , a t

t h e first mee t ing of t he board a t which all t h e m e m b e r s are present , elect one of t h e m e m b e r s to be cha i rman of t h e board :

i f a cha i rman is not so elected t h e

Governor shall appo in t a m e m b e r to	be
cha i rman .

(iii)

(iii) b y add ing a t t h e end of subsect ion t h r ee

of t h e same sect ion t h e following words :—

A board shal l no t be so cons t i tu ted as to

consist of o ther t h a n the n u m b e r s of

elected and appointed m e m b e r s respec­

t ively s ta ted in subsect ion one of	th i s
sect ion.

(iv) (a) b y inser t ing in subsect ion six of t h e
same section after t h e word " board "

whe re firstly occur r ing , t h e words

" o ther t h a n officers of t h e P u b l i c

Service " ;

(b) by inserting in the same subsection af ter t he word " Governor " t he words " E v e r y m e m b e r shal l be pa id from t h e said funds his expenses a t t h e ra tes prescribed " .

(v)   by omitting from subsection seven of the

same section t he words " elected or

appoin ted " ;

(e)	(1)	(a)	by inser t ing in p a r a g r a p h (ii) of section
t en after t h e words " o ther ins t i tu t ion "
t h e words " or person " ;
(b)	by inser t ing in t h e same p a r a g r a p h
after t h e words " a n y p a r t thereof " t h e words " or any other assets of t h e board " ;
(c)	by omi t t i ng from the same p a r a g r a p h
t h e words " or i n s t i t u t i o n " and by
inse r t ing in l ieu thereof t h e words
" ins t i tu t ion or person " ;

(2) by omi t t i ng p a r a g r a p h five of t h e same

section, a n d also t he word " a n d " i m m e ­

diately preceding t h a t p a r a g r a p h ;

(f) by o m i t t i n g f rom subsect ion two of section

eleven all words af ter t h e words " so

del ivered," a n d by inse r t ing in l ieu thereof t h e fol lowing words " and accepted by t h e board shal l be deemed to be absolute ly vested in and be t he p rope r ty of t he board freed f rom al l mor tgages , charges , l iens, pledges,

in teres ts , and t ru s t s affecting t h e same, and

the r i gh t s and in teres ts of every person in the

commodi ty

commodi ty shal l t he reupon be t aken to be conver ted in to a claim for p a y m e n t therefor in accordance wi th t h e provisions of this A c t " ;

(g)	by omi t t i ng subsection four of section four teen .
(h) by o m i t t i n g f rom subsect ion one of	section

e igh teen t h e words " n o action for d a m a g e s " and by inser t ing in lieu thereof the words " n o proceedings a t law or in equ i ty " ;

(i)   by inserting after the words " such certificate " in subsect ion one of section twenty-one t h e words " or wi th any person w ho has m a d e a c la im in accordance wi th t h e provisions of subsect ion two of section e ighteen of th i s A c t . "

(j)	by omitting from subsection two of section
twenty- four t h e words " a n d the reupon t h e
board shal l t ake such p o l l " and by inser t ing

in l ieu thereof the fol lowing w o r d s : " a n d the reupon the Min i s t e r shal l cause a poll to be t a k e n . "

(k) (i) by inser t ing in subsect ion one of section
th i r ty - four af ter sub-paragraph (a) of para­

graph (i) t he following new sub-para ­

g raph :—

(a l ) The fees, al lowances, and t rave l l ing expenses which m a y be paid to member s .

(ii)	by o m i t t i n g f rom	t h e same subsect ion	sub ­
pa rag raph	(b) of	p a r a g r a p h	(ii).

3. The M a r k e t i n g of P r i m a r y P roduc t s Act , 1927, is

fu r the r a m e n d e d —

(a) (i) by omi t t ing from subsect ion one of section

u n d e r the cha rge of the Di rec tor of

twenty-f ive t he words " which shall be

M a r k e t i n g " ;

(ii) by omi t t i ng subsec t ion th ree of sect ion

twenty-f ive and by inse r t ing in l ieu thereof

t he following :—

(3) Subjec t to the approva l of t h e

Minis te r t h e functions of t h e b u r e a u sha l l

be to t ake s t eps—

(a)	to determine and record the costs of
p roduc ing produc ts in N e w S o u t h

W a l e s ;

(b)

(b)	to keep cont inuous records of p roduc t s produced in or impor ted in to N e w
South W a l e s ;
(c)	to keep continuous records of whole­ sale and reta i l or o ther pr ices of local and impor ted products a n d of t he
r e t u r n s to producers in respect of
p roduce produced in N e w Sou th
W a l e s ;
(d)	to keep records of the production and m a r k e t i n g of products in o ther S ta tes of the Commonwea l th and in o ther countr ies in so far as they have a bear ing u p o n the m a r k e t i n g of t h e p roduc t s of N e w South Wales ;
(e)	and to collect such other information as t h e Minis te r may from t ime to t ime
de te rmine ;

(iii)  by inserting at the end of section twenty- five t h e following new subsect ions :—

(4) N o t w i t h s t a n d i n g a n y t h i n g in t h e

Census Act , 1901], the Stat is t ic ian m a y supply such informat ion as may be in his possession which may assist in t he com­ pilat ion of lists of producers for the purpose

of th is Ac t .

(5) A n y officer of t he S ta te M a r k e t i n g

B u r e a u who uses any information supplied

by the Sta t is t ic ian excep t for t he purposes indicated in t h e last preceding subsection shal l be l iable to a pena l ty not exceeding

twen t \ r pounds .

(6) No officer of t he S ta te M a r k e t i n g

B u r e a u shall be subpoenaed to p roduce a n y

documen t con ta in ing such informat ion or to give evidence as to the con ten t s thereof or as to any informat ion so supplied in a n y cour t a n d if cont rary to th is provision he is subpoenaed he shall n o t p roduce t he

d o c u m e n t or give t he evidence.

(b) b y o m i t t i n g t h e head ing of P a r t I V a n d by

inse r t ing in l ieu thereof t h e fol lowing new

head ing " Official M a r k e t i n g In fo rmat ion " ;

F (c)

(c)	by omitting sections twenty-six and twenty- eight ;
(d)	by omitting from section twenty-seven all words from the commencement of the section up to and inclusive of the words " that is to s a y " and by inserting in lieu thereof the following : —

" Subject to the approval of the Minister the State Marketing Bureau shall undertake arid discharge the following duties and functions in addition to those specified in section twenty-five, that is to say :—"

(e) (i) by omitting from subsection one of section twenty-nine the words " Director of Marke t ing" and by inserting in lieu thereof the word " Minister " ;

(ii) by inserting after the word " f u r n i s h " in

the same subsection the words " to a person
specified in the notice " ;

(iii)  by inserting at the end of section twenty- nine the following new subsections :—

(3) For the purpose of ascertaining whether any offence has been committed against the provisions of this section the Minister may by writing under his hand authorise any person to inspect and take copies of any books, vouchers, account sales, return sales, or other documents or writings owned by or in the possession of any person required to furnish a return in accordance with the provisions of subsec­

tion one of this section, or owned by or in the possession of his agent and for that

purpose to enter any premises where he has

reason to believe the books, vouchers, account sales, return sales, or other docu- ments or writings are.

(4) Any person who obstructs any person so authorised or refuses upon request to produce any book, voucher, account sales, return sales or other document or writing shall be guilty of an offence against this Act.

(f)

(f) (i) by omi t t i ng from section t h i r t y the words

" Director of M a r k e t i n g " where firstly occur r ing and by inser t ing in l ieu thereof the word " Minis te r " ;

(ii)  by omitting from the same section the words " unde r his h a n d " ;

(iii)   by omitting from the same section the words " unde r t he hand of t h e Direc tor of M a r k e t i n g " and by inser t ing in l ieu thereof

the words " by t he direct ion of t h e

Minis te r " ;

(g) (i) by omi t t i ng from pa rag raph one of section

t h i r t y - t h r e e the words " t he Di rec tor of

M a r k e t i n g " and by inse r t ing in l ieu thereof

t h e words " t he M i n i s t e r ; "

(ii) by omi t t i ng from p a r a g r a p h two of t h e

same section t h e words " or t he Di rec tor of

M a r k e t i n g " ;

(h) (i) by omi t t i ng from subparagraph (c) of

pa rag raph one of subsect ion one of section th i r ty- four t h e words " to t h e Direc tor of M a r k e t i n g or any b o a r d " and by inser t ing in l ieu thereof t he words " i n accordance

w i t h this A c t . "

(ii)   by omitting in subsection three of the same

section t h e words " f i f t een d a y s " and by

inse r t ing in l ieu thereof the words " f i f t een

s i t t ing d a y s . "

F A M I L Y