Metropolitan Milk Act 1929 (NSW)

METROPOLITAN MILK ACT.

Act No. 59, 1929.

An Act to provide for the regulation and control

of the supply and sale of milk for consump-

tion or use in certain areas in and around the city of Sydney; to constitute a Metro- politan Milk Board and to define its juris- diction, powers, and duties; and for pur- poses connected therewith [Assented to,

23rd December, 1929.]

lative Council and Legislative Assembly of New South	BE it enacted by the King'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 :—

PART I .

PRELIMINARY.

1. (1) This Act mav be cited as the "Metropolitan

excess of that power.

Milk Act, 1929."
(2) This Act shall commence upon a date to be appointed by the Governor and notified by proclamation published in the Gazette.

(3) This Act shall be read and construed subject to the Commonwealth of Australia Constitution Act, and so as not to exceed the legislative power of the

State to the intent that where any enactment thereof

would, but for this subsection, have been construed as being in excess of that power, it shall nevertheless be a valid enactment to the extent to which it is not in

2. This Act is divided into Parts as follows:—

PART I.—PRELIMINARY—88. 1-4.

PART II.—METROPOLITAN MILK BOARD—OFFI- CERS, &c.—88 . 5-23.

PART III.—FUNCTIONS AND POWERS OF THE

BOARD—88. 24-30.

PART IV.-FINANCE—88. 31-36.
PART V.—PECULATIONS AND BY-LAWS—SS. 37-39.

PART VI.—SUPPLEMENTAL—88. 40, 41.

SCHEDULE.

3 .    In this Act, unless the context otherwise indicates

or requires,—

" A r e a " means any municipality or shire.

" Board" means the Metropolitan Milk Board

constituted under this Act.

" By-laws " means by-laws made under this Act by

the Board.

" Chairman " means chairman of the Board.

"Dairyman" means the occupier of any dairy

premises.

" Dairy premises " means any land or premises used
for or in connection with the milking of cattle

for the purpose of producing milk which is

within the metropolitan milk area. sold or to be sold for consumption or use

" Member " means member of the Board.

" Metropolitan milk area " means that portion of

the State which is within the areas and parts

of areas for the time being included in the

second part of the Schedule to this Act, together with the Port of Sydney, as defined in the Sydney Harbour Trust Act, 1900.

" Milk " includes cream, and refers only to milk or

cream which is sold or to be sold for consump-
tion or use within the metropolitan milk area.

" Milk

" Milk store " means any building, shed, or place at or upon -which milk which is sold or to he sold for consumption or use within the metropolitan

milk area is treated, deposited, or stored, and includes any building or premises within the metropolitan milk area at or upon which milk

is sold.

"Milk vendor " means any person who is the occu- pier of a milk store, or who himself or by his employee sells milk within the metropolitan milk area.

" Prescribed " means prescribed by this Act or by the regulations or by-laws.
" Regulations " means regulations made under this

Act by the Governor.

Secretary " means secretary of the Board.

" To sell " means to sell by wholesale or by retail and includes barter, supply for profit, offer

for sale, receive for sale, have in possession for sale, expose for sale, send forward or

deliver for sale, cause or suffer or allow to be sold, offered, or exposed for sale, and refers only to selling for human consumption; and

"sa le" and "so ld" have a corresponding

meaning.

"Treatment" includes the examination, cleansing,

pasteurisation, modification, testing, grading,

cooling, refrigerating, or bottling of milk, and

" t reat" has a corresponding meaning.

4. Unless otherwise in this Act expressly provided

Supervision Act, 1901 ; the Sydney Corporation Act,	this Act shall not affect any provision of the Dairies
1902; the Public Health Act, 1902; the Public
Health (Amendment) Act, 1915; the Pure Food Act,
L908; the Factories and Shops Act, 1912; the Dairy
Industry Act, 1915 ; the Weights and Measures Act, 915 ; the Local Government Act, 1919; the Stock Diseases Act, 1923, or any Act amending those Acts, or any rules, regulations, or by-laws made under any of such Acts, or take away powers vested in any person or body by any of the said Acts or by any rules, regulations, or by-laws made thereunder.

PART

PART II.

METROPOLITAN MILK BOARD—OFFICERS, &C.

5 . (1) Upon a date to be appointed by the Governor

and notified by proclamation published in the Gazette, a

Board to be called the Metropolitan Milk Board shall be
constituted.

The date so appointed shall be a date not later than

six months after the commencement of this Act.
(2) The Board shall consist of nine members. Five of such members shall be appointed by the Governor by commission under the seal of the State, and the remaining four members shall be elected as provided in this Part of this Act.

6 . (1) The five members appointed by the Governor

(in this Act referred to as appointed members) shall be

as follows :—

One member who shall in and by his commission be appointed chairman of the Board, and shall hold office for five years.

Two members to be representative of the consumers

of milk within the metropolitan milk area,
who shall hold office for four years.

Two advisory members to be representative of the persons engaged in the business of milk dis- tribution within the metropoliton milk area, and who shall hold office for two years.

The two advisory members shall be entitled to sit and speak at any meeting of the Board, or act on any committee thereof, but shall not be entitled to vote on any matter coming before the Board or any such

committee.

(2) The Governor may remove or suspend from

office any appointed member for misbehaviour or
incompetence.

(3) Any appointed member whose term of office

expires by effluxion of time shall be eligible for re-

appointment.

(1) The provisions of the Public Service Act,

1902, or of any Act amending that Act, shall not apply
to the appointment of members of the Board, and such members shall not as members be subject to the provisions of the said Act during their tenure of office.

(5)

(5) The chairman shall be the permanent head

within the meaning of the Public Service Act, 1902, and
any Act amending that Act.

7. Any chairman of the Board who at the date of his appointment is an officer of the Public Service—

(a) shall, in the event of his office on the Board being discontinued, or in the event of the dissolution of the Board, be eligible, on the recommendation of the Public Service Board, to be appointed to some office in the Public

Service not lower in classification and salary

than that which he held at the date of his appointment to the Board ; and
(b)	shall continue to contribute to the Super- annuation Fund in accordance with the Superannuation Act, 1916, and be entitled to the benefits under that Act in respect of which he has contributed ; and
(c)	shall retain any leave of absence accrued under the Public Service Act, 1902, or any amend­ ment of that Act.

8 . (1) Each of the four members to be elected to the

Board (in this Act referred to as elected members) shall
be elected for a constituency.

A constituency shall comprise the areas and parts

of areas for the time being grouped in the first part of
the Schedule to this Act as being that constituency.

(2) At any election for a constituency only those

persons who—

(a) are registered as dairymen under this Act ;

and

(b) occupy and work dairy premises situated within the constituency,

shall be entitled to vote :

Provided that for the purposes of the first election to be held after the commencement of this Act for any constituency the persons entitled to vote shall be persons who—

(a) are registered under the Dairies Supervision

Act, 1901; and

(b) occupy and work dairy premises situated within the constituency; and

(c)

(c) produce milk which is sold or to be sold for consumption or use within the metropolitan milk area.

(3) An elected member shall hold office for four

years.

(4) For the purposes of any election of a member

of the Board the Governor may appoint a returning

officer, and such deputy returning officers as he may

deem necessary.

(5) Elections shall be carried out at the times and in the manner prescribed by the regulations, and the result of an election shall be reported to the Governor as prescribed.

9. (1) No person who is a director or officer of any firm, company, society, or association carrying on the business of or having for its objects the wholesale or retail distribution of milk in the metropolitan milk area, shall be qualified to hold office as an elected member of the Board.
(2) Nothing in subsection one of this section shall disqualify a dairyman who distributes milk on his own behalf from being elected or from holding office as a member of the Board.

1 0 . (1) I f a candidate at an election or any other person shall, directly or indirectly by himself or his agent, offer to pay or give money, food, drink, or valuable consideration to induce any person to vote or abstain from voting at the election, he shall be guilty

of an offence against this Act.

(2) The election of a candidate shall upon his

conviction for an offence under this section be null and
void, and an election shall be held to fill the extra-

ordinary vacancy created.

1 1 . (1) I f at the time appointed for an election to be held in a constituency there is no candidate, the Governor may appoint a person to be a member of the

Board for the constituency.

(2) The person so appointed shall hold office for the term for which the member to be elected would have held office, and shall for the purpose of this Act be deemed to be an elected member.

1 2 . No election under this Act shall be questioned by reason of any defect in the appointment of any person before whom such election shall have taken place if such person shall have really acted at the election, nor by reason of any formal error or defect in any publica­ tion under this Act or the regulations (or purporting so to be), nor by reason of any publication being out of time.

1 3 . (1) A member of the Board shall be deemed to have vacated his office if he—

(a)	becomes bankrupt, compounds with his credi- tors, or makes an assignment of his salary or estate for their benefit; or
(b)	is absent from four consecutive meetings of the Board without leave granted by the Board ; or
(c)	becomes an insane person or patient, or an incapable person within the meaning of the Lunacy Act, 1898; or
(d)	is convicted of any felony or misdemeanour; or
(e)	being an elected member, becomes disqualified from holding office as a member of the Board ; or
(f)	being the chairman, engages in New South

Vfales during his term of office in any paid

employment outside the duties of his office ; or

(g) resigns bis office, by writing under his hand addressed to the Governor.

(2) Where a member vacates bis office in pur-

suance of this section an extraordinary vacancy shall be

deemed to have occurred.

(1) An election to fill an extraordinary vacancy in respect of the office of an elected member shall be carried out and conducted within the time and in the manner prescribed by regulations.

1 4 .

(2) A person elected or appointed to fill an extraordinary vacancy shall hold office until the time when his predecessor's term of office would have expired and no longer, but shall be eligible for re-election or appointment if otherwise qualified.

1 5 . (1) The chairman of the Board shall be paid such annual salary as is fixed by the Governor.

(2) Each member of the Board other than the

chairman shall be entitled to receive such fee as the Governor may fix for each meeting of the Board attended.

(3) The regulations may prescribe the travelling

expenses to be paid to the chairman and members of the Board and the allowances to be paid to any member
of the Board other than the chairman while engaged on

the business of the Board at the request of the Board.
(4) The office of a member of the Board other than the chairman shall not, for the purposes of the Constitution Act, 1902, or the Sydney Corporation Act, 1902, be deemed to. be an office or place of profit under the Crown.

In case of the illness, suspension, or absence of any appointed member of the Board a deputy may be appointed by the Governor, to act for such member during his illness, suspension, or absence; and every such deputy shall have the immunities, and shall during the time he acts as deputy have all the powers and authority of such member, and receive such salary, fee, or remuneration as the Governor may direct.

1 6 .

1 7 . (1) The procedure for the calling of meetings

of the Board and for the conduct of business at such

meetings shall, subject to any regulations or by-laws

in relation thereto, be as determined by the Board.

(2) Any four members of the Board who arc

qualified to vote shall be a quorum thereof, and any duly

convened meeting at which a quorum is present shall	be competent to transact any business of the Board,
and shall have and may exercise all the powers and authorities which by this Act are conferred on the
Board.

(3) The chairman, or in his absence the deputy-

chairman, shall preside at all meetings of the Board, and when so presiding shall have a casting vote in addition to a deliberative vote.
I f at any duly convened meeting of the Board the chairman is absent and the Governor has not appointed

a

a deputy, the members present may elect one of their number to act as chairman until the appointment of such deputy.

(4) All questions arising at any meeting of the

Board shall be decided by the majority of the votes of
the members present who are entitled to vote.

(5) The board shall keep full and accurate

minutes of all its proceedings in such manner and form

as may be prescribed by the regulations.

(6) The Board may by resolution under seal

authorise the chairman to determine such matters as are
specified in the resolution.

Any such authority may from time to time be revoked or varied by resolution under seal.

(7) All acts and proceedings of the Board shall

be valid notwithstanding any vacancy in the Board or any irregularity in the appointment or election or con- tinuance in office of any member of the Board, and notwithstanding that any person not qualified or ceasing to be qualified may have acted as a member of the
Board.

1 8 . (1) The Board shall be a body corporate with perpetual succession and a common seal, and may sue and be sued in its corporate name.

(2) The corporate name of the Board shall be

"The Metropolitan Milk Board."

(3) The common seal shall be kept in the

custody of the chairman, or of such member of the

Board as the Board may determine, and shall not be affixed to any instrument or writing except in the

presence of a quorum of the Board ; and the chairman

in whose presence the seal is affixed, shall attest by	or deputy or acting chairman and two of the members,
their signatures the fact and date of the seal being so
affixed.

(4) All courts and persons having by law or

consent of parties authority to hear, receive, and

examine evidence—

(a) shall take judicial notice of the seal of the

Board affixed to any document; and

(b) shall, until the contrary is proved, presume that such seal was properly affixed thereto.

1 9 . Any moneys due to the Board shall, for the purposes of the recovery thereof, be deemed to be moneys due to His Majesty, and may be sued for and recovered by the Board.

2 0 . (1) No matter or thing done and no contract entered into by the Board, and no matter or thing done by any member or officer of the Board or by any other person whomsoever acting under the direction of the
Board shall, if the matter or thing was done or the

contract was entered into bona-fide for the purpose of executing this Act, subject any such member, officer, or person to any action, liability, claim, or demand whatsoever.

(2) Nothing in this section shall exempt any

member of the Board from liability to be surcharged with the amount of any payment which is disallowed by the auditor or auditors in the accounts of the Board, and which such member authorised or joined in authorising.

2 1 .    (1) The Governor may, in accordance with the

Public Service Act, 1902, or any Act amending that Act, appoint a secretary and such other officers as are

necessary for carrying out the provisions of this Act.

(2) The Board may employ and dismiss at

pleasure such casual employees as it deems necessary.

Casual employees shall receive such wages or remuneration as the Board may determine.

(3) Any person who, being a member of the

Board or holder of any office or employment under this Act, without lawful authority demands or receives from

any person any payment, gratuity, or present in con­ sideration of doing or of omitting to do any act or tiling

upon summary conviction to a penalty not exceeding	pertaining to his office or employment shall be liable
one hundred pounds, or to imprisonment with or without hard labour for a term not exceeding two years.

(4) Any person who without lawful authority

offers, makes, or gives to any member of the Board or

to the holder of any office or employment under this
Act any payment, gratuity, or present in consideration
that such member or holder of office or employment will do or omit to do some act or thing pertaining to his

office

office or emp loymen t shall be liable upon s u m m a r y con­ vict ion to a pena l ty no t exceeding one hundred pounds , or to impr i sonmen t w i t h or wi thou t hard labour for a

t e r m not exceeding two years .

2 2 .      (1) I f any officer or employee, w h e n required by

t h e cha i rman or secre tary , fa i l s—

(a)	to render account of moneys which in the course of his dut ies as such officer or employee shall have come into his hands or under his control and of his dealings therewi th , or to pay to t he cha i rman or secretary the balance of
such m o n e y s ; or
(b)	to deliver u p wi th in two days to t he c h a i r m a n

or secretary al l papers , proper ty , and t i l ings in his possession or power re la t ing to t he execu t ion of th is Ac t or be longing to t he Board,

any s t ipendiary or police mag i s t r a t e or a n y two jus t ices

m a y on the compla in t of the c h a i r m a n or secretary order such officer or employee to render t he accounts , pay the balance , or deliver u p the papers , proper ty , and t i l ings as t h e case m a y be, a n d t h a t on non-compl iance w i t h t he order t he officer or employee be imprisoned for a

t e r m no t exceeding six m o n t h s .

(2) Proceedings u n d e r th i s sect ion shal l n o t

affect t h e l iabil i ty of any sure ty of any officer or employee or relieve any officer or employee from being

held to answer any	criminal	informat ion, cha rge , or
proceedings.

(3) F o r t he purposes of th is section "o f f i c e r "

or " employee " shall inc lude a person who has wi th in twelve m o n t h s prior to any r e q u i r e m e n t referred to in

subsection one of this section been an officer or employee .

2 3 . A n y officer, employee, or o ther person w h o wilful ly destroys any documen t of or be longing to t h e Board shal l be gui l ty of a misdemeanour , a n d shall be

pun ishab le accordingly .

P A R T

P A R T I I I .

FUNCTIONS AND POWERS OF THE BOARD.

2 4 . (1) Subject to t he provisions of th i s A c t t he Board shall he charged wi th the regu la t ion and cont ro l of the supp ly and dis t r ibut ion of mi lk w i t h i n t h e

met ropol i tan mi lk a rea .

(2) The Board s h a l l —

(a)	devise	improved	me thods	of	col lect ing,
t r ea t ing ,	car ry ing,	and	d i s t r ibu t ing	mi lk ,	in­

c lud ing t h e dis t r ibut ion of mi lk in sealed

c o n t a i n e r s ;

(b)	devise means to e l iminate unhyg ien i c ,	wasteful ,
or unnecessary agencies, me thods ,	pract ices ,

costs, or charges in connect ion wi th t h e

collection, t r e a t m e n t , c a rnage , d is t r ibut ion, or

sale of mi lk ;

(c)	report to or confer with the Minister from
t i m e to t i m e upon ma t t e r s affecting the supply

a n d d is t r ibut ion of mi lk , upon means to be adopted to ensure as far as possible t h a t mi lk shall be collected from da i rymen on an equ i t ­ able basis, a n d upon a n y a m e n d m e n t s which it t h inks desirable in t h e law ;

(d)	establish grades of milk, including a grade of mi lk sui table for t h e use of infants .
(3) The Board	shal l f rom t ime to t ime by

by- laws m a d e for the purpose dec lare—

(i) t h e m i n i m u m price wh ich m a y be paid	to a
da i ryman by a mi lk vendor for m i l k of a

pa r t i cu la r g rade or qual i ty ;

(ii)   the price or prices which may be charged by a mi lk vendor or o ther person for mi lk sold

by h i m .

The prices so declared shall be de te rmined by the Board a t a publ ic inqu i ry held in the m a n n e r	and	af ter
such not ice as is prescribed by regula t ions .

The price or prices declared shall be reasonable in t h e c i rcumstances , and in a r r iv ing a t the prices due regard shal l be paid to t h e costs of t h e commodi ty to t he seller, t he cost of wages , commodit ies , r en t s , ra tes ,

taxes ,

t axes , a n d any o the r expenses a n d cont ingencies , reason­ able a l lowance for depreciat ion of assets due to wear and tear , obsolescence, or o ther causes a n d f luctuat ions

in t r ade .
A n y mi lk vendor who pays to a da i ryman a price less

t h a n t h e pr ice so declared for mi lk of t h e pa r t i cu la r grade or qual i ty , and any mi lk vendor or person w ho charges a pr ice in excess of t h e pr ice so declared for mi lk of any pa r t i cu la r grade or qua l i ty shal l be gu i l ty of a n offence.

A n d any da i ryman who sells to a mi lk vendor m i l k a t a price less t h a n t h e price declared as t he m i n i m u m price w h i c h m a y be paid by a mi lk vendor for mi lk of t h e pa r t i cu l a r grade or qual i ty sold shall also be gu i l ty of a n offence.

2 5 .     The Board m a y from t ime to t i m e —

(a) by by-laws m a d e in t h a t behalf r egu la t e t h e

collection and t r e a t m e n t of mi lk w i th in t h e

areas men t ioned in t h e first pa r t of t h e

Schedule to this A c t ;

(b)	issue certificates in the prescribed form to da i rymen or mi lk vendors specifying the g rade or grades of mi lk which a n y such d a i r y m a n o r
mi lk vendor is au thor i sed to supply , t r ea t , dis­
t r i bu t e , or sell.

N o certificate specifying a n y mi lk as t h e

p roduc t of t ube rcu l in tes ted cows shal l issue unless t h e cows p roduc ing such mi lk have been certified as free f rom tuberc le by t h e D e p a r t m e n t of A g r i c u l t u r e or b y t he Board of

H e a l t h , or by a ve t e r ina ry surgeon approved

by t h e B o a r d ;

(c) for t he purpose of th i s A c t a n d a t a n y reason­

able t i m e by au thor i sed officers en te r a n y

dai ry premises or mi lk s tore a n d examine a n y

books, documen t s , or papers r e l a t ing to or a n y

scales, measures , appl iances , appa ra tu s , or

u tens i l s used in connect ion wi th t h e supp ly ,

t r e a t m e n t , d is t r ibut ion , or sale of mi lk ;

(d)	by not ice in wr i t i ng requ i re d a i r y m e n a n d m i l k vendors to furnish such informat ion or
r e t u r n s as are prescr ibed by the b y - l a w s ;

(e)

(e) r equ i re d a i r y m e n and mi lk vendors to keep

such books and records as m a y be prescr ibed by t h e by- laws, a n d in such forms as may be

so prescr ibed ;

(f)	take or purchase samples of milk from any dairy premises or mi lk store or from any
conveyance, utensi l , or conta iner .

2 6 . (1) F r o m and after a day to be appoin ted by t h e Governor and notified by p roc lamat ion publ ished in t h e Gazet te , no person shal l ca r ry on business as a da i ryman or mi lk vendor unless he is au thor ised so to do by a certificate of regis t ra t ion issued by t h e Board.

(2) F r o m and after t h e day so appoin ted t h e

Board shall be t h e local au tho r i t y u n d e r t h e Dair ies

Supervision Act , 1901 , in respec t of da i rymen, m i l k vendors , and other persons or of da i ry premises , factories, a n d mi lk stores engaged or used in t h e supply, t r ea t ­

men t , d i s t r ibu t ion or sale of mi lk for consumpt ion or

use w i th in t he met ropo l i t an m i l k area .

(3) Every such regis t ra t ion shal l be sufficient for

all purposes unde r t he Dairies Supervis ion Act , 1901 , a n d i t shal l no t be necessary for a local au tho r i t y o the r t h a n the Board to keep a regis ter unde r t h e Dair ies Super­ vision Act , 1 9 0 1 , in respect of da i rymen, mi lk vendors , or o ther persons or of dai ry premises, factories, or mi lk

s tores regis tered by t h e Board .

(4) T h e certificate of regis t ra t ion issued to a mi lk

vendor m a y conta in provisions proh ib i t ing t he mi lk

vendor from t rea t ing , s tor ing, d i s t r ibu t ing , or sel l ing mi lk excep t a t the mi lk store or w i th in the area or p a r t thereof specified in t h e certificate.

A n y mi lk vendor who cont ravenes any such provision conta ined in t h e certificate of reg is t ra t ion issued to h i m
shall be gu i l ty of a n offence aga ins t th i s	Ac t .

(5) A certificate of regis t ra t ion m a y be issued in

t h e m a n n e r prescr ibed by the by-laws upon p a y m e n t of

such fee (if any) as is prescribed.

2 7 .     (1) The Board m a y refuse to issue a certificate of

regis t ra t ion or may cancel t h e certificate of a n y person if h e has been convicted of two or more offences aga ins t t h e Dair ies Supervision Act , 1901 , t h e P u r e Food Act,

1908, or this Act , or a n y regula t ions or by- laws	m a d e
u n d e r any such	Ac t .

(2)

(2) (a) Before exerc is ing the power of cancella­
t ion u n d e r subsect ion one of this section t h e Board shal l

in t h e m a n n e r prescr ibed notify t h e person whose

r eg i s t r a t ion i t is proposed to cancel of t h e decision of

t h e Boa rd .

(b) The person so notified or any person

whose appl icat ion for reg is t ra t ion has been refused m a y ,

in t h e m a n n e r and wi th in a t i m e prescribed, appeal aga ins t t h e decision of t he Board to a cour t of pe t t y sessions presided over by a s t ipendiary or police mag i s t r a t e .

(c) The mag i s t r a t e shal l inqu i re in to t h e

c i rcumstances of t h e case, inc lud ing the n a t u r e of the

offences for wh ich t h e appe l l an t has been	convicted,
and shall decide u p o n the appeal .

T h e mag i s t r a t e ' s decision shal l be final, and shal l be

g iven effect to by the Board .

2 8 . T h e Board shal l have regard to services

m a i n t a i n e d or supervis ion exercised u n d e r s t a tu to ry

a u t h o r i t y by the D e p a r t m e n t of P u b l i c H e a l t h , t he

D e p a r t m e n t of A g r i c u l t u r e , or a n y o ther d e p a r t m e n t ,

a n d shal l avoid dupl ica t ion of such services or

supervis ion.

2 9 .     E v e r y person w h o —

(a)	resists or obstructs any authorised officer of t he Board in t he exercise of any of t h e powers a n d au thor i t i e s conferred u p o n h im by th is A c t ;
(b)	refuses to give information or gives false
in format ion in answer to a n y inqu i ry m a d e by
any au thor i sed officer in pursuance of th i s A c t ;
(c)	refuses or neglects to comply with any order,
notice, prohibi t ion , or r e q u i r e m e n t of the
Board lawful ly m a d e u n d e r th is Ac t , or
t h e regu la t ions or b y - l a w s ;
(d)	being the holder of a certificate issued under p a r a g r a p h (d) of section twenty-s ix sells, t r ea t s , d is t r ibutes , or supplies for sale mi lk of a g rade inferior to t h a t which h e is au thor ised in t h e
certificate to sell, t r ea t , d i s t r ibute , or supp ly ; (e)

(e)	is guilty of an offence against this Act, or by a n y Act or omission is gui l ty of any contraven­ t ion of th i s A c t or of any notification made
t h e r e u n d e r or any regu la t ion or by-law for

wh ich no specific penal ty is provided,

shal l he l iable on s u m m a r y convict ion to a pena l ty not

exceeding twen ty pounds .

3 0 . F o r t he purpose of conduc t ing any publ ic

i nqu i ry unde r th i s Act , the Board or t he person con­ duc t ing t h e inqu i ry shall have t he same powers and au tho r i t y to s u m m o n witnesses a n d receive evidence as arc conferred upon a commissioner appoin ted u n d e r Division 1 of P a r t II of the Roya l Commissions Act , 1923, and the said Act , section th i r t een and Division 2 of P a r t 11 excepted shall , m u t a t i s mu ta nd i s , apply to any witness summoned by or appear ing before the Hoard or such person.

P A R T 1Y.

FINANCE.

3 1 . The Board may a t the t imes and in t he m a n n e r

prescr ibed by the by-laws levy upon each da i ryman in respect of mi lk suppl ied by h im for consumpt ion or use wi th in t h e met ropol i tan milk area such ra te as is fixed by t h e by-laws, b u t not exceeding one-e ighth of a penny

per gallon upon the mi lk so supplied.

3 2 .     (1) W h e r e u n d e r t he provisions of this Act or

of any regula t ion or by-law the Board—

(a)	m a k e s any regis t ra t ion ; or
(b)	issues any cer t i f ica te ; or

(c) furnishes any informat ion ; or
(d) gives any permission ; or

(e) receives a n y appl icat ion for its approval ,

t he charge or fee the re "or may be fixed by t h e by- laws.

(2)

(2) I n any such by-law provision may be made

r equ i r ing a deposit	or p r e p a y m e n t	in respect	of	such
cha rge or fee.

3 3 .     A n y ra te levied shal l be collected, and any fee

or cha rge imposed shall be recovered in t he m a n n e r pre­
scribed by by- laws.

3 4 . (1) The Board shall establish such funds a n d accounts as are prescr ibed by regu la t ion .

(2) The Colonial Treasurer may advance such
moneys to t h e Board or gua ran t ee such advances b y a

b a n k as t he Governor m a y approve, u p o n such t e r m s

and condit ions as to r e p a y m e n t and interest as m a y be

agreed u p o n .

(3) There shal l be paid to t h e credit of t he funds of the Board all moneys collected, received, or recovered by t h e Board in pur suance of th is Ac t , or any regula t ion or by-law.

(4) The funds of t h e Board m a y be operated

upon by the Board for t he purposes of this A c t in t he

m a n n e r prescribed by t h e by- laws.

3 5 .     Al l costs a n d expenses incurred in the adminis ­

t r a t i on of th is A c t , i n c l u d i n g the salaries, fees, a l lowances,

and t rave l l ing expenses of members of t he Board , t h e salaries, wages , a n d r emunera t ion of officers and casual employees of t h e Board , and a l l expenses ar is ing o u t of t h e conduc t of any election u n d e r th is Act , shal l be paid out of t h e funds of t h e Board.

3 6 .      (1) The Board shal l p repare a n a n n u a l report

of i ts operat ions a n d such s t a t emen t s of account as are

prescribed b y regula t ions . The report and s t a t emen t s

shal l be laid before bo th Houses of P a r l i a m e n t .

(2) T h e s t a t emen t s of accoun t so p repa red shall

be audi ted and repor ted upon b y t h e Audi to r -Genera l , who shal l have in respect to t h e accounts of t he Board al l t he powers conferred on t h e Aud i to r -Gene ra l by a n y law for t h e t ime be ing in force r e l a t ing to t h e aud i t of t he publ ic accounts , as well as all powers conferred by

th is Act .

(3)

(3) The Audi to r -Genera l shal l report to t h e

Board and the Min i s t e r—

(a) whe the r or n o t in his op in ion—

(i)   due diligence and care have been shown in the collection and b a n k i n g of income ; and

(ii)    t he expend i tu re incur red has been du ly author ised, vouched, and superv i sed ; a n d

(iii)  any of the moneys or other property of t h e Board have been misappropr ia ted or improper ly or i r r egu la r ly deal t w i t h ; and

(b)	as to any other m a t t e r s which in his j u d g m e n t call for special not ice or wh ich are prescr ibed
by t h e regula t ions .

(4) T h e Board shal l in each year pay into t h e

Treasury such s u m as is fixed by t h e Colonial

Treasure r towards t h e a m o u n t payable by t h e Crown in respect of t he salaries of t he officers of t h e Audi to r - Genera l engaged in t he aud i t of t he accounts of t he Board .

P A R T V .

REGULATIONS AND BY-LAWS.

3 7 .      (1) The Governor m a y m a k e regula t ions pre­

scr ib ing al l m a t t e r s requ i red or pe rmi t t ed to be

prescr ibed by regu la t ion , and in pa r t i cu la r b u t w i thou t

l imi t ing	t he genera l i ty of t h e	foregoing powers	in
re la t ion	t o —

(a) t h e election of the m e m b e r s of t h e B o a r d ;

(b) t h e accounts to be k e p t by t he B o a r d ;

(c)	the method in which the accounts are to be
k e p t and shown.
(2) Regula t ions re la t ing to the elect ion	of

member s of the Board m a y include provision for pre­

ferent ia l or posta l vo t ing .

Different

Different regula t ions m a y be m a d e a n d applied t o

different cons t i tuencies .

3 8 .      ( f ) The Board may , wi th t he approval of t h e

Governor , m a k e by- laws no t inconsis tent w i th this A c t

prescr ib ing all m a t t e r s which by th is A c t are requi red or pe rmi t t ed to be prescribed, or which are necessary or conven ien t to be prescr ibed for ca r ry ing o u t or g iv ing

effect to this Act , and wi thou t l imi t ing the genera l i ty

of t he foregoing, in par t i cu la r—

(a)	prescribing grades for milk which may be supplied for sale or sold, i nc lud ing t h e p re ­ scr ibing of different grades for different classes
of m i l k ;
(b)	prescribing methods to be adopted by persons
engaged in the collection, carr iage, t r e a t m e n t ,

d is t r ibut ion, or sale of milk ;

(c)	prescr ib ing all m a t t e r s which are necessary or
convenient to e l iminate unhyg ien ic , wasteful, or

unnecessa ry agencies , me thods , pract ices , costs, or charges in connect ion wi th the collection, t r ea tmen t , carr iage , d is t r ibut ion, or sale of milk;

(d)	requiring milk of any prescribed grade to bo
sold in prescr ibed conta iners labelled as

p resc r ibed ;

(e)	prescribing the books and records to be kept by persons engaged in t he collection, t r ea t ­ m e n t , carr iage , s torage, d is t r ibut ion, or sale of milk ;
(f)	p rovid ing for t he fixing, collection, a n d
recovery of ra tes , fees, and charges , a n d
prov id ing respect of different da i rymen or mi lk vendors different m e t h o d s of collection in.
or different areas or pa r t s thereof, inc lud ing
t h e collection and recovery of such rates , fees, and charges from persons ho ld ing moneys to t h e credi t of any person l iable in respect of
a n y ra tes , fees, or c h a r g e s ;

(g) prescr ib ing forms for use u n d e r th i s A c t ;

ill) prescr ib ing t h e me thods of g iv ing or s e rv ing

not ices , orders , demands	or	r equ i r emen t s	by
t h e Board or a n y author ised	officer;

(i)

(i) r e l a t i ng to any premises, person, or m a t t e r in

a n y case where by th is A c t t he Board or any author ised officer is empowered or required to r egu la te , appoint , inspect , examine , register ,

p rohib i t , devise, r equ i re , or spec i fy ;

(j)	prescribing the procedure to be adopted in the
t a k i n g of samples .

(2) Different by- laws m a y be made and applied

to different areas or pa r t s thereof.
(3) A n y by-laws made in exercise of the powers conferred by subsect ion one of this section as to any m a t t e r referred to in pa r ag raphs (a) , (b) , (c), (d) , or (j) of t ha t subsect ion or as to any m a t t e r referred to in t h e

Schedule to t he Pub l i c H e a l t h (Amendment ) Act , 1915,

shal l , before be ing submi t t ed to t h e Governor for his

approva l , be submi t t ed to t he Board of H e a l t h for i ts concur rence , and shal l not be made unless t he Board of

H e a l t h concurs .

3 9 . (1) A n y regula t ion or by- law may impose a

p e n a l t y not exceeding t w e n t y pounds for any breach

thereof, or where t h e breach is a con t inu ing one, n o t
exceed ing two pounds for every day d u r i n g which the

breach con t inues .
(2) A n y regula t ions or by- laws so made sha l l—

(a) be publ i shed in t he Gazet te ;

(b) take effect from the date of publication or from a la ter da te to be specified in such regula t ions or by- laws ; and

(e) be laid before bo th Houses of P a r l i a m e n t

wi th in four teen s i t t ing days after publ ica t ion

if P a r l i a m e n t is in session, and if not , t h e n

w i th in fourteen	s i t t ing	days after	t he	com­
m e n c e m e n t	of	the	n e x t	session.

If e i ther H o u s e of P a r l i a m e n t passes a resolut ion of

wh ich not ice has been given wi th in fifteen s i t t ing days after such regula t ions or by-laws have been laid before such H o u s e disal lowing any regula t ion or by- law or

pa r t thereof, such regu la t ion ,	by-law, or pa r t	shall
t h e r e u p o n	cease to have	effect.

P A R T

P A R T V I .

SUPPLEMENTAL.

4 0 . (1) A n y informat ion, compla in t , or o the r lega l

proceeding unde r th is A c t m a y be t a k e n in t he n a m e of

t h e Me t ropo l i t an Mi lk Board b y t h e secretary, or by

a n y o ther officer au thor i sed b y t h e Board in t h a t behal f

e i the r general ly or in a n y par t i cu la r case.

(2) I n any proceedings t h e product ion of a
notification in t h e Gazet te t h a t any person has been so

author ised shall be conclusive evidence of t h e a u t h o r i t y

a n d evidence t h a t his au tho r i t y to act r emains in force.

(3) The secre tary or o ther officer shal l , ou t of
the funds of t he Board, be re imbursed all damages ,

costs, charges, a n d expenses to wh ich he is p u t or w i t h

which he becomes chargeab le by reason of	a n y t h i n g
contained in subsect ion one of th i s sect ion.

4 1 .     A wr i t or o the r process shal l n o t be sued out or

served upon the Board, or a n y m e m b e r thereof, or a n y

officer of t he Board, or any person ac t ing i n his aid for

a n y t h i n g done, or in tended to be done, or omi t ted to be
done unde r t h e provis ions of th i s Act , u n t i l t h e expira­

t ion of one m o n t h after not ice in wr i t ing has been served

on t h e Board or such member , officer, or person, c lear ly
s t a t ing the cause of ac t ion and t h e n a m e a n d p lace of

abode of t h e in tended plaintiff, a n d of his solicitor or

a g e n t in t h e case, and on t r i a l of a n y such ac t ion t h e
plaintiff shall no t be pe rmi t t ed to go in to evidence of
a n y cause of ac t ion t h a t is n o t s t a ted in t h e no t i ce

se rved ; a n d unless such not ice is served a verdic t

sha l l be found for defendant .

S C H E D U L E .

S C H E D U L E .

F I R S T P A R T ,

Constituencies. Area. Constituencies. Area.

Fi r s t . . . Munic ipa l i t ies— Second . . . Sh i res—

Cessnock.	N a t t a i .
Gre ta .	Wingecar r ibee .

Mai t l and	Eas t .	Wollondi l ly .
M ai t land	W e s t .	Bau lkham Hil ls .

Muswellbrook.	Blacktown.
Singleton.	Nepean.

R a y m o n d	Terrace.	Blue	Mounta ins .
Morpe th .	Colo.
Dungog.
Taree.
W i n g h a m .	Thi rd	. . .	Munic ipal i t ies—
Por t	Macquarie.	I l l awar ra	Cent ra l .

Kempsey . I l l awar ra Nor th .

Shel lharbour

Sh i res—	Wollongoug.
Bolwarra .	Berry.
Kears ley .	Broughton Vale .
Er ina .	Gerr ingong.

L a k e Macquar ie . J amberoo .

Muswellbrook. Kiama .

P a t r i c k	Pla ins .	Nowra .
P o r t Stephens.	Shoalhaven	South.
Tarro .

Wal la robba .	Sh i res—
St roud .	Bull i .
Gloucester.	Cambewarra .
Manning .	Clyde.
Has t i ngs . Macleay.

F o u r t h .. Municipal i t ies—

Sydney.

Alexandr ia

Second . . . Munic ipa l i t ies— Annanda le .

Bowral .	Ashfield.
Goulburn .	A u b u r n .
Mi t tagong ,	Balmain .

Moss Vale . Banks town.

Canulen.	Bexley.
P ic ton	Botany .
Campbel l towu.	Burwood.
Windsor .	C a b r a m a t t a and

Richmond. Canley Vale.

Castlereagh,	Cante rbury
P e n r i t h .	Concord.

St . Mary 's . Dar l ing ton . D r u m m o y n e

S C H E D U L E .

S C H E D U L E — c o n t i n u e d . F I R S T PAUT—continued.

Constituencies.	Area.	Constituencies.	Area,
Fourth—continued.	Fourth—contimied.

Municipalities— conld.	Municipali t ies—contd.
Dundas	Mascot.
Eastwood.	Mosman.
Enfield.	Newtown.

Ern i ing ton and N o r t h Sydney,

Rydalmere .	Padd ing ton .
Erskinevil le .	Fa r ra ina t tn .
Fairfield.	Pe tersham.
Glebe.	R a n d wick.
Granvi l le	Redfern .
Holroyd.	Rockdale .
Homebush	Hyde.

H u n t e r ' s Hi l l . St . Pe te rs .

Hurs tv i l l e .	Strathfield.
Ing leburn .	Vaucluse .
Kogarah .	Wa te r l oo .
Ku-r ing-gai .	Waver lcy .
Lane Cove.	Willougliby,
Leichhard t.	Wool lahra .
Lidcombe.	Shi res—
Liverpool.	Hornsby .
Manly .	Su ther land .
Marrickville.	Warringah,

SECOND P A R T .

Metrojidlitan milk area.

Municipalities—

Svdney,	A lexandr i a ,	Annanda lo ,	Aslifield,	A u b u r n ,	P a l m a i n ,
B a n k s t o w n ,	Bexley,	Botany,	Burwood,	C a b r a m a t t a	and

Canley Valo, Can te rbury , Concord, Dar l ington , Drunimoyne,

Dundas , Eastwood, Enfield, Ern i ing ton and Ryda lmere ,

Erskinevi l le , Fairfield, Glebe, Granvil le , Hol royd, H o m e b u s h ,

H u n t e r ' s Hil l , Hurs tv i l l e , Ing leburn , Kogarah , Ku-ring-gai ,

Lane Cove, Le ichhard t , Lidcombe, Liverpool, Manly , Marr ick­

ville, Mascot, Mosman, Newtown, N o r t h Sydney, P a d d i n g t o n ,

P a r r a m a t t a , Pe te rsham, Randwick , Redfern, Rockda le ,

Ryde , St . Pe te r s ,S t ra th f i e ld , Vaucluse , Wate r loo , W a v e r l e y .

Wil lougl iby, Wool lahra .

Shires —

Hornsby , Suther land , W a r r i n g a h

T R U S T E E