Marketing of Primary Products (Amendment) Act 1964 (NSW)

MARKETING OF PRIMARY PRODUCTS

(AMENDMENT) ACT.

Act No. 47, 1964.

An Act to make further provision for and with respect to the powers of marketing boards and for and with respect to the marketing of certain primary products; to extend the class of persons qualified to vote at any poll of producers; for these and other purposes to amend the Marketing of Primary Products Act, 1927-1956; to validate certain matters; and for purposes connected therewith. [Assented to, 3rd December, 1964.]

BE	it enacted by the Queen ' s M o s t Excellent Majesty, by and with the advice and consent of the Legislative Council a n d Legislative Assembly of New South Wales in Par l iament assembled, and by the au thor i ty of the same, as
fo l lows :  —

1. (1) Th i s A c t m a y b e ci ted as t h e " M a r k e t i n g of

P r i m a r y P roduc t s ( A m e n d m e n t ) Act , 1964."

( 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 Ac t , 1 9 2 7 ,

a s a m e n d e d by subsequent Ac t s a n d by this Ac t , m a y b e

cited as the M a r k e t i n g of P r i m a r y Produc t s Ac t , 1 9 2 7 - 1 9 6 4 .

any o ther p r o d u c t " ;

( b )

2 . ( 1 ) 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 ,

1927-1956 , is a m e n d e d —

(a) by inserting in section four in the definition of

" P r o d u c e r " after the w o r d " p r o d u c t " where secondly occurr ing the words "being tobacco leaf, is g rown o r p r o d u c e d p u r s u a n t to a n y share- farming agreement or pa r tne r sh ip ag reement whe ther such agreement is ora l or wri t ten, o r be ing

(b) by inserting next after section four the following new section: —

4A. In addition to the powers, duties and functions conferred upon a board by this Act, it shall be the duty of a board to take such steps under this Act and the regulations as are necessary or convenient to ensure that the commodity in relation to which it was constituted whether the same is or has, at any time, been vested in the board or not, and whether produced in New South Wales or elsewhere, shall comply with prescribed standards of quality when sold by wholesale or retail in New South Wales.

(c) (i) by omitting from subsection six of section five the words: —

"Provided that no person shall be qualified to have his name included in any list of producers compiled for the purposes of this Act or the regulations or to vote at any poll taken under the provisions of this Act unless he is enrolled as an elector in pursuance of the provisions of Part IV of the Parliamentary Electorates and Elections Act, 1912, as amended.";

(ii)  by inserting at the end of paragraph (e) of subsection eleven of the same section the following word and new paragraph: —

"or
(f)	be extended either as to duration or with respect to districts, areas or localities by a subsequent proclama­ tion."

(d) by omitting from subsection three of section eleven the words "to a person other than the board" and by inserting in lieu thereof the words "otherwise than to the board";

(e)

(e) by inserting at the end of section fourteen the following new subsect ion : —

(6 ) W h e r e tobacco leaf is declared a commodi ty

unde r this Ac t , then for the purposes of the appl icat ion of this section to a n d in respect of tha t commodi ty , subsect ions two to five bo th inclusive of this section shall be d e e m e d to have been omi t t ed and the following subsect ions inserted in

lieu t he r eo f : —

( 2 ) W h e r e a n y pa r t of the commodi ty is

del ivered to the b o a r d by the p roduce r thereof

or by o r for a n y o ther person , the b o a r d shall p a y to such p roduce r or person the net proceeds of sale of the pa r t so delivered.

( 3 ) T h e b o a r d m a y deduc t a n d re ta in ou t

of the proceeds of sale of a n y p a r t of the c o m m o d i t y so del ivered to it, so m u c h of al l commiss ions , charges , d isbursements , costs a n d expenses of o r incidental to the opera t ions of the b o a r d or the adminis t ra t ion b y the b o a r d of this A c t o r for or wi th respect t o the receiving, t ranspor t ing , s toring, warehous ing , grading, t reat ing, marke t ing , selling, disposing, rehandl ing , destroying or re tu rn ing of the commodi ty , as is

a p p r o p r i a t e wi th respect to such par t .

( 4 ) F o r the p u r p o s e of ascer ta ining the ne t

p roceeds of sale of the pa r t of the commodi ty

delivered to the b o a r d by any p roduce r or person, a n d generally for the purposes of this Ac t , t he boa rd ' s decision as to qual i ty s t andard or g rade

of the c o m m o d i t y del ivered (whether qual i ty

s t anda rd o r g rade is prescr ibed or n o t ) , the

m e t h o d of de termining the dockages a n d deduc­

t ions to b e m a d e , and the a m o u n t s thereof respectively, cost of freight a n d o ther charges , a n d the a m o u n t s to b e deduc ted u n d e r sub­ sect ion th ree of this section, shall b e final a n d conclusive.

(f)

(f)	( i )	by insert ing next after subsection one of section
thir ty-one the fol lowing n e w s u b s e c t i o n : —

(1A) W h e r e a n y ma t t e r o r th ing is by or

unde r th is A c t directed o r forbidden t o be done , a n d such ma t t e r o r th ing if so directed to be d o n e remains undone , o r if so forbidden to b e d o n e is done , then in every such case every pe r son offending agains t such direct ion o r prohib i t ion shall b e guilty of a n offence against this Ac t .

( i i) b y insert ing in subsect ion th ree of the s a m e

section after the w o r d " p e r s o n " where secondly occurr ing the words a n d symbols

" ( inc lud ing a b o a r d ) " ;

(g )	( i)	by omit t ing f rom p a r a g r a p h th ree of section thirty-three the words "o r tha t a n y person is a p roduce r of such a commodi ty , o r is an au thor i sed a g e n t " a n d b y insert ing in lieu thereof the w o r d s "o r tha t a n y pe r son was o r is a p roduce r of such a commodi ty , o r was
or is a n au thor i sed a g e n t " ;
(ii)	by inser t ing a t t he end of the s a m e section t h e
fol lowing new p a r a g r a p h : —

(5 ) A certificate pu rpor t ing to b e signed by t h e prescr ibed officer of a b o a r d and to certify tha t o n a specified da te o r du r ing t h e whole of a specified per iod a n y person was o r was not

registered wi th the b o a r d as a p ro­

ducer shall , wi thou t proof of the s ignature of the pe r son purpor t ing to sign such certificate o r tha t h e is such prescr ibed officer, b e p r i m a facie evidence of the m a t t e r s certified in and by such certificate.

( h ) ( i ) by omit t ing f r o m i tem (c ) of subpa rag raph

(ii) of p a r a g r a p h ( a ) of subsection one of

section thirty-four all w o r d s after the w o r d

" c o m m o d i t y " w h e r e th i rdly occur r ing ;

(ii)

(ii)    by inserting next after the same item the following new i tems : —

(c1)	Ascer ta in ing whe ther the commodi ty is of the requ i red qual i ty and prescrib­ ing a s t andard therefor so as to ensure tha t the commodi ty whe the r the same is o r ha s , a t a n y t ime, been vested in the b o a r d or no t and whe ther p roduced in N e w Sou th Wales o r e lsewhere shall comply wi th prescr ibed s t andards
of qual i ty w h e n sold by wholesale o r
retai l in N e w Sou th Wales .
( c2 )	Regula t ing within the a rea control led
by the b o a r d —

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

car r iage a n d expor t ing b y the

b o a r d or a n y o the r p e r s o n ; and

(ii)     t he delivery by or t o the b o a r d o r b y o r t o any o ther person ,

of any of the commodi ty whe ther such c o m m o d i t y was p r o d u c e d wi thin t h e

a r ea control led b y t h e b o a r d o r no t ,

whe the r such c o m m o d i t y was p ro ­

duced wi th in N e w Sou th Wales o r

e lsewhere a n d whe the r such com­

modi ty is o r a t a n y t ime w a s o w n e d

by the b o a r d o r no t .

(iii)    by inserting in item (g) of the same subpara­

g r a p h after the words " o r n o t " where firstly

occur r ing t h e w o r d s "whe the r p r o d u c e d in

N e w Sou th Wales o r e l s e w h e r e " ;

(iv)    by inserting in item (h) of the same sub­

p a r a g r a p h after t h e w o r d s " o r n o t " w h e r e

firstly occurr ing the w o r d s "whe the r p r o d u c e d

in N e w South Wales o r e l sewhere" .

( 2 )

(2) Any proclamation made on or after the ninth day of November, one thousand nine hundred and forty-nine, which would have been valid if paragraph (f) of subsection eleven of section five of the Marketing of Primary Products Act, 1927-1964 (as inserted by this Act) had been in force, is hereby validated.