Marketing of Primary Products (Amendment) Act 1956 (NSW)

MARKETING OF PRIMARY PRODUCTS

(AMENDMENT) ACT.

An Act to make further provision for regulating the marketing of certain primary products; to confer additional powers on marketing boards; for these and other purposes to amend the Marketing of Primary Products Act, 1927, and certain other Acts in certain respects; to authorise the Egg Marketing Board for the State of New South Wales to make additional deductions from

Act No. 11, 1956.

from the proceeds of the sale of eggs ; delivered to it and to make certain payments from such deductions; and for purposes connected therewith. [Assented to, 30th August, 1956.]

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

1. (1) This Act may be cited as the "Marketing of

Primary Products (Amendment) Act, 1956."

(2) The Marketing of Primary Products Act, 1927, as amended by subsequent Acts and by this Act, may be

cited as the Marketing of Primary Products Act, 1927-

195G.

2. (1) The Marketing of Primary Products Act, 1927-

1940, is amended—

(a) by inserting next after section 9A the following new section :—

9B. (1) Where in accordance with this Act a product has been declared by the Governor to

be a commodity under and for the purposes of

this Act and a board has been appointed in respect thereof, the board may act as agent for

any person for the purpose of selling—

(a) any of the commodity so declared which that person is entitled to sell, whether

or not it was produced outside New

South Wales or outside the area controlled by the board; or

(b) any product produced outside New South Wales or outside the area con­ trolled by the board Which that person

is entitled to sell and which, if it were

within

within the area controlled by the board, would answer the descript ion of the commodity so declared,

and may do all acts, m a t t e r s and things neces­
s a ry or expedient in tha t behalf accordingly.

(2) Costs, charges and expenses incurred by a board in pursuance of subsection one of this section shall be costs, charges and expenses of the admin is t ra t ion by the boa rd of this Act and any commission or other remunera t ion received by the board in pursuance of t ha t subsection shall, unless the Minis ter directs t ha t the whole or any' p a r t of the commission or other remunera t ion so received be appl ied towards some o ther purpose of the board, be applied towards the paymen t of such las tment ioned costs, charges and expenses.

(3) A board which, in pursuance of sub­ section one of this section, sells any commodity or product which is f a rm produce within the meaning of the F a r m Produce Agents Act, 192G, as amended by subsequent Acts , shall be deemed not to be a farm produce agent within the mean­ ing of tha t Act.

(4) (a ) A reference to " c o m m o d i t y " in

this P a r t of this Act, subsections one and three	of this section excepted, shall not be construed
as a reference to any p a r t of the commodity in respect of which the board is exercising the powers conferred on it by subsection one of this section.
(b) The provis ions of section twenty- two of this Act do not apply to any action, claim or demand aga ins t a board or any officer or person act ing in the execution of subsection one of this section.

(b)

(b) by omitting section thirty-four and by inserting in lieu thereof the following section:—

34. (1) (a) The Governor may make regula­

tions providing for all or any of the following

matters :—

(i) Generally—

(a) Making all necessary provision for and regulating the conduct by post

or otherwise of the election from

time to time of members of any board, and for the taking of any poll of producers under this Act; compilation and revision of rolls

of producers entitled to vote

at elections or polls; necessary qualifications of candidates for

elections; method of determining
the qualification of voters and of candidates for elections; settle­ ment of disputed elections or questions arising out of or in con­ nection with any election or poll; the tenure of office of members; the

filling of casual vacancies therein

arising from death, retirement, or resignation; the appointment of a deputy to act for any member in the event of illness, absence, or for

other cause.

(b)	The fees, allowances, and travelling expenses which may be paid to members.
(c)	Prescribing the certificates and other forms which may be used under this Act,
(d)	Prescribing forms of returns and

of statistics to be made and fur­

nished in accordance with this Act

and

and the contents thereof, and the persons (whether p roducer s or not) by whom the same shall be made, and the t ime and mode of making and furnishing the same.

(e) All m a t t e r s requi red or pe rmi t t ed by this Act to be prescr ibed.

(ii) W i t h respect to any board—

(a)	The business, proceedings, and meet ings of the b o a r d ; the quorum a t mee t ings ; the s igning of docu­ ments .
(b)	Author i s ing the board in every sale or agreement for sale of the com­ modi ty by the board to any pe r son to inser t conditions and to fix a sum as and by way of l iquidated damages for any breach of condition, which damages shall be recoverable accordingly.
(c)	Ascer ta in ing whether the com­ modi ty is of the requi red qual i ty and prescr ib ing a s t a n d a r d there ­ for, and for an increase or decrease in the price otherwise payable to

any producer or o ther pe r son for

any of the commodity delivered by h im or any other pe r son to the boa rd according to the qual i ty or s t a n d a r d of the commodi ty ; and

regu la t ing within the a r ea con­

trol led by the board—

(i) the	s torage , package,	t r ea t ­
ment ,	marke t ing ,	b rand ing ,

g rad ing , ca r r i age and expor t ing b y the boa rd or

any o ther p e r s o n ; and

(ii)

(ii)   the delivery by or to the board or by or to any other person,

of any of the commodity whether such commodity was produced within the area controlled by the board or not and whether such commodity is or at any time was

owned by the board or not.

(d)	Prescribing periods of time in respect of which the computation of or accounting for the net proceeds of the commodity may be made.
(e)	The control and management and expenditure of the funds of the board.
(f)	Requiring the producers of a com­ modity produced within the area controlled by a board to register and re-register with the board at the prescribed times their names and such other particulars as may be prescribed, and requiring a producer on ceasing to produce as aforesaid, to notify the board thereof.
(g)	Regulating within the area con­ trolled by the board the marketing,
sale, display for sale, branding, or
stamping, storing and cold storing by any person of any of the commodity for the time being within the area controlled by the board whether such commodity was produced within the area controlled by the board or not and whether such commodity is or at any time was owned by the board or not.

+60585-4 (h)

(h) The duties of care or precaution to be taken and methods to be used by the board or any other pe r son in the display, within the a r ea controlled by the board, of any of the commodity for sale or in s torage , t r ea tmen t or custody of any of the commodity held or offered for sale within the a r ea controlled by the board, whether in any of such cases the commodity was produced within the a r ea controlled by the board or not, and whether in any of such cases the commodity is or a t any t ime was owned by the boa rd or n o t :

P rov ided tha t if the Minis ter is of

opinion tha t a p roposed regula t ion

re la tes to any of the m a t t e r s in respect

of which th is s u b p a r a g r a p h (ii) au thor ises the making of regulat ions , the regula t ion shall only be made on the recommendat ion of the board.

(b) Noth ing in any other provision of th i s Act, P a r t I excepted, shall l imit the construct ion of th is subsection.

(2) The Governor may from t ime to t ime make such regula t ions provid ing for all or any purposes as m a y be convenient for the adminis t ra t ion of this Act, or as m a y be necessary or expedient to ca r ry out the objects

be in th is Act no provis ion or no sufficient and purposes of th is Act, and, where the re may	provis ion in respect of any m a t t e r or th ing
necessary or expedient to give effect to this Act, p rov id ing for and supplying such omission or insufficiency.

(3) A regula t ion m a y be of genera l

opera t ion or specially l imited applicat ion according to t ime, place, c i rcumstances or cases, and m a y be genera l or res t r ic ted to any specified

class of subject ma t te r . (4)

(4) The regulations may fix a penalty, not

exceeding in any case fifty pounds, for any

breach thereof.

(5) All such regulations shall—

(a) be published in the Gazette;

(b) take effect from the date of publication

or f r o m a later date to be specified in

the regulations;

(c) be laid before both Houses of

Parliament within fourteen sitting days after publication if Paidiament is in session, and if not, then within fourteen sitting days after the com­ mencement of the next session.

I f either House of Parliament passes a resolu­ tion of which notice has been given at any time within fifteen sitting days after the regulations have been laid before such House disallowing any regulation or part thereof, such regulation

or part shall thereupon cease to have effect.

(2) (a) The amendment made by paragraph (b)

of subsection one of this section shall be deemed to have

commenced upon the first day of June, one thousand nine

hundred and twenty-seven.

(b) A person shall not, by reason of the

operation of paragraph (b) of subsection one of this

section and paragraph (a) of this subsection, be guilty

of an offence against any regulation made under the
Marketing of Primary Products Act, 1927, as amended

by subsequent Acts, in respect of any act or thing done

or omitted to be done by him before the commencement

of this Act if he would not have been so guilty had those

paragraphs not been enacted.

3. (1) (a) For the purpose of more equitably appor­

tioning among the producers of eggs in the State of New •
South Wales such part of the cost of buildings erected

by the Egg Marketing Board for the State of New South Wales (in this section referred to as "the board") as :

was paid out of moneys obtained from deductions made

by

by the board from the proceeds of the sale of eggs delivered to it dur ing the building period, the board may, in addi t ion to any deductions which it is au thor ised to

make by the Marke t ing of P r i m a r y P roduc t s Act, 1927,

as amended by subsequent Acts , but subject to the l imita­ t ion contained in p a r a g r a p h (b) of this subsection, make deductions from the proceeds of the sale of eggs delivered to i t du r ing such pool per iods as it m a y determine.

The r a t e of the deduct ions au thor ised to be made by th is subsection shall, in respect of any such pool period, be such r a t e as the board, hav ing r e g a r d to the purpose ment ioned in the foregoing provis ions of this subsection, m a y determine in respect of tha t pool period.

(b) The deductions made under this subsec­ t ion shall no t exceed in the aggrega te a sum equal to such p a r t of the to ta l deductions which were made by the board—

(i)   from the proceeds of the sale of eggs delivered to i t dur ing the building per iod ; and

(ii)   for the purpose of providing moneys for or towards the cost of erect ing buildings of the board,

a s the board, having r e g a r d to the purpose mentioned in

p a r a g r a p h (a) of this subsection, may determine.

(2) (a) Subject to p a r a g r a p h (b) of this sub­

section, the board shall, under and in accordance with subsection two of section fourteen of the Marke t ing of P r i m a r y P roduc t s Act, 1927, as amended by subsequent

period, such p a r t of the deductions made under subsection	Acts , apply, in respect of any pool per iod in the bui lding
one of th is seetion as the board, having r e g a r d to the purpose ment ioned in subsection one of this section, m a y de termine in making paymen t s to each producer of eggs del ivered to i t d u r i n g t ha t pool per iod and to each person by or for whom eggs were delivered to it du r ing t h a t pool per iod as though those deductions were p a r t of the p ro ­ ceeds of the sale of eggs delivered to the board du r ing
t ha t pool per iod.

(b)

(b) The board may deduct from the deductions made by it under subsection one of this section the costs and expenses of the administration by the board of this section.

(3) In this section:—

"building period" means the period commencing upon the first day of July, one thousand nine hundred and fifty-one, and ending on the thirtieth day of June, one thousand nine hundred and fifty-four.
"pool per iod" means a period of twelve months

ending on the thirtieth day of June.

(4) This section shall be deemed to have com- menced on the first clay of July, one thousand nine hundred and fifty-five.