Metropolitan Whole Milk Act Amendment Act 1935 (WA)

1935.] Metropolitan Whole Milk. [No. 27.

METROPOLITAN WHOLE MILK.

26° GEO. V., No. XXVII.

No. 27 of 1935.

AN ACT to amend and to continue the operation of the

Metropolitan Whole Milk Act, 1932.

[Assented to 23rd December, 1935.]

DE it enacted by the King's Most Excellent Majesty,

by and with the advice and consent of the Legis-

lative Council and Legislative Assembly of Western

Australia, in this present Parliament assembled, and by

the authority of the same, as follows:—

1. This Act may be cited as the Metropolitan Whole Short title.

Milk Act Amendment Act, 1935, and shall be read as one with the Metropolitan Whole Milk Act, 1932 (No. 49 of 1932), which as amended by the Metropolitan Whole Milk Amendment Act, 1933 (No. 28 of 1933), is herein- after referred to as the principal Act.

2. Section two of the principal Act is hereby repealed Repeal s. 2, principal Act.

and the following substituted therefor:—

New section :

Preserving

existing laws.

2. This Act shall not (except in so far as it ex- pressly or impliedly indicates a contrary intention) affect the provisions of any other Act or of any regu- lation, by-law, Order in Council, or proclamation.

No. 27.] Metropolitan Whole Milk. [1935.

Amendment,

A 3, prin- 3. Section three of the principal Act is hereby

cipal Act. amended

(a) by adding a further definition, as follows, after the term "Contract milk" :-

"Cream" means that portion of the lacteal fluid of an animal in which either through rest or mechanical separation the greater portion of the fat has become concentrated. Such por- tion shall-

(i) be classed as cream, notwithstanding that it has been scalded, pasteurised, or preservatised;

(ii)    not be classed as cream when it is used or intended to be used in the manufacture of butter or cheese;

(b) by striking out the definition of the term "Milk" and inserting the following:

"Milk" means the lacteal fluid product of an animal when such fluid is intended for human consumption or use, notwithstanding that-

(i)    it is intended for or purchased for the

production of cream; or

(ii)    it has been chilled, pasteurised, flavoured, or had any other substance added to it; or

(iii)    that it is concentrated or solidified by

freezing.

The term includes cream as hereinbefore de- fined, but does not include condensed milk.

(c) by striking out the words "under a written con- tract" in line three of the definition of "Quota" or "quota milk";

(d) by striking out all words after the word "milk" at the end of the second line of the definition of "Surplus milk";

(e) by inserting the word "separation" after the word "pasteurisation" in the definition of the term "Treatment."

1935.] Metropolitan Whole 3111k. [No. 27.

4. Section six of the principal Act is hereby amended	Amendment.
s. 6, prin-

by repealing paragraph (b) of subsection (2) of the sec-	cipal Act.
tion and substituting the following:

(b) Two members as representatives of the dairy- men licensed under this Act, one of whom shall be elected by those licensed dairymen being owners or occupiers of dairies within the area of the district de- fined in the Schedule, and one by those licensed dairy- men outside such area.

5. Section eight of the principal Act is amended by Amendment, s. 8, pen-

adding a subsection, as follows:— eipal Act.

(3.) The election of the present members of the

Board is hereby validated and, notwithstanding any- thing contained in this or the preceding section, the present members of the Board shall hold office until the thirty-first day of December, one thousand nine hundred and thirty-six.

6. Section nine of the principal Act is hereby amended Amendment,

by adding the following at the end of subsection (2) :— scipai PA:-

The provisions of this subsection shall apply to the present members of the Board, whose tenure of office expires on the thirty-first day of December, one thous- and nine hundred and thirty-six.

7. Section seventeen of the principal Act is Amendment, s. 17, prIn-

amended— cipal Act.

(a) by striking out all words after the word "func-

tions" in line four of the section; and

(b) by inserting a subsection as follows :—

(2.) For the purpose of this Act the Board may, with the approval of the Minister of Public Health, authorise any specified officer or officers in the employ of the Board to exercise the powers and functions of health inspectors under the provisions of the Health Act, 1911-1933.

8. Sections twenty, twenty-one, twenty-two, and Ign,l'an- sAecett.ions n

twe ty-three of the principal Act are hereby repealed heal

enacted.

No. 27.] Metropolitan, Whole Milk. [1935.

and the following new sections are substituted there-

for:—

20. (1.) Subject to the provisions of subsection (3) of section twenty-two, no person shall

Prohibition

against carry-	(a)	carry on business as a dairyman in any dairy
ing on busi-

ness as dairy-	area; or
man, milk

vendor, or	(b)	carry on business as a milk vendor in any dis-
treating milk

without	trict; or
license.

(e) treat milk intended for sale to consumers in the

metropolitan area;

except on the authority of an appropriate license is-

sued by the Board under this Act.

Penalty: Fifty pounds, or imprisonment for three months.

(2.)

Subsection (1) of this section shall not apply to any person who proves to the satisfaction of the Board that milk produced by him is not sold or intended for sale to consumers in the metropolitan area.

(3.)

For the purposes of this section the fact that any person who is the owner or occupier of any place where animals are kept for depasture or milking has delivered milk in any quantity or quantities aggre- gating one gallon or more on any specified day to any person or persons (other than to a member of the owner or occupier's family, or to any employee of the owner or occupier) shall be prima facie evidence that the owner or occupier was carrying on business as a dairyman at the place in question.

Kinds of

licenses. 21. (1.) Licenses which may be issued under this Act are as follows :—

(i)    A dairyman's license—which shall entitle the licensee to carry on the business or calling of a dairyman in specified premises in a speci- fied dairy area and to supply by wholesale milk produced on such premises for consump- tion or treatment in the metropolitan area.

(ii)    A milk vendor's license—which may be in one of the following forms and have effect as fol- lows

(a) a milkman's license—which shall entitle the

licensee to sell milk in a specified district in

the metropolitan area from any vehicle or

1935.] Metropolitan Whole Milk. [No. 27.

vehicles used by the holder for the distri- bution of milk from a specified depot or place in the metropolitan area;

(b) a cream vendor's license—which shall en- title the licensee to sell cream from any vehicle or vehicles in a specified locality in the metropolitan area;

(c)	a milk shop license—which shall entitle the licensee to sell in a specified shop in the metropolitan area milk for consumption on or off the premises;
(d)	a milk store license—which shall entitle the licensee to sell milk in a particular store in the metropolitan area, to be named in the license, provided the milk is consumed in the store.

(iii) A treatment license—which shall entitle -the licensee to treat milk for use or consumption in the metropolitan area, but in particular premises to be specified in the license.

Every license shall be issued subject to the pro-

visions of this Act and the regulations from time to

time made thereunder.

(2.)

Every license shall be incapable of transfer or

assignment, except with the express approval in writ-

ing of the Board.

(3.)

(4.)

The fee for a license shall be as prescribed, but shall not exceed ten shillings.

22. (1.) Every person who desires to obtain a	How licenses
obtained.

license under this Act shall make application in writ-

ing to the Board in the prescribed form.

(2.)

Licenses shall have effect until the thirtieth day of June next following the date of the issue thereof.

Any person who on the thirtieth day of June preceding the day of application for a license was the holder of the particular kind of license applied for under this Act, shall be entitled to a period of four- teen days' grace after the thirtieth day of June in which to apply for a license, and shall not during such period of grace be liable to any penalty for carrying on business in terms of the license so held by him.

(3.)

No. 27.] Metropolitan Whole Milk. [1935.

(a) All licenses in force at the commencement of this section shall by force of this Act be deemed to be surrendered at the expiration of thirty days from such date of commencement.

(4.)

(b)

If the licensee under any such license desires to obtain a license under this Act in substitution for such surrendered license, he shall make application to the Board in the prescribed form, and the Board shall deal with the same and exercise the same powers and authorities in regard thereto as it may exercise in relation to other applications under this Act.

The fixed fee payable under section twenty-one

shall not be payable in respect of any such substituted

license.

(c)

Appeal where

license re-	23. (1.) Any person to whom the Board has re- fused to issue a license under this Act may appeal within the prescribed time and manner against the de- cision of the Board to a resident or police magistrate or magistrate of a local court sitting within the metro- politan area as defined by this Act.
fused.

On the hearing of the appeal the magistrate may order the license applied for to be issued, or may confirm the decision of the Board, and effect shall be given by the Board to any decision of the magistrate.

(2.)

(3.) The decision of the magistrate shall be final.

Amendment, 9. Section twenty-four of the principal Act is hereby

s. 24, prin-

cipal Act. amended by adding in subsection (1) after the word "Act" in the third line of the subsection the following words :-

"or for any offence against the laws or regulations relating to public health (provided such last-men- tioned offence relates to the premises in respect of which the license is granted, or to the conduct of the business carried on in connection with such pre- mises)".

New sections:

penalty for 10. The following new sections are hereby inserted

mixing- milk after section twenty-four of the principal Act:— for treatment,

24A. Any licensed person who mixes or permits

the mixing of any milk purchased or obtained for

1935.] Metropolitan Whole Milk. [No. 27.

treatment with any other milk not purchased or ob- tained for treatment commits an offence against this Act.

Penalty : Fifty pounds or imprisonment for three months.

24B. (1.) Any unlicensed dairyman who sells or Linea taling

supplies or offers to sell or supply milk to any licensed dairyman for the purpose of or in connection with the business of the licensed dairyman commits an offence against this Act.

(2.) Any licensed person who obtains any milk for sale or treatment under his license from any unlicensed person commits an offence against this Act.

(3.) Any person who commits an offence under the provisions of this section shall be liable to a penalty of fifty pounds, or imprisonment for three months.

240. (1.) Any proceedings civil or penal may be	How legal
proceedings

taken in the name of the Board by any secretary or	taken.
officer authorised by the Board.
(2.) No proof shall be required of the appointment of the secretary or any such officer as an officer of the Board, or of the authority of the secretary or officer to take civil or penal proceedings in the name of the Board, but the allegation on the process that the officer in question is so authorised shall be deemed conclu- sive proof of the fact.

11.   Section twenty-six A of the principal Act is Amendment,

amended by striking out the words "at the suit of the Cip2ariern-

chairman of the Board" in the fourth line of subsection

(2).

12. Section twenty-six B of the principal Act is re- Amendment, . , prin

pealed and the following new section substituted:— cipal 2GB Act.

26B. (1.) Any milk vendor who-

(a) applies for or holds a milk shop license or a

milk store license; and

(b) satisfies the Board that a fair estimate of the quantity of milk to be sold by him under the license is under one thousand gallons for the whole period of the license,

No. 27.] Metropolitan Whole Milk. [1935.

Contributions

may be com-	shall be entitled to pay to the Board
muted to

fixed payment	(1) where the estimated quantity is under five hun-
in certain

cases. dred gallons, a fee of ten shillings;

(ii) where the estimated quantity is over five hun- dred gallons but under one thousand gallons, a fee of one pound,

in full satisfaction of the fixed fee otherwise payable for the license and in discharge of his obligation: under the license pursuant to sections twenty-five and twenty six A.

(2.) On receipt of the fee prescribed by this section the Board shall deduct the fixed fee for the license as prescribed under section twenty-one and apportion the balance in such proportions as the Board may think fit in satisfaction of the obligations of the licensee un- der sections twenty-five and twenty-six A.

Repeal, s. 28,	13.	Section twenty-eight of the principal Act is
new section

enacted.

hereby repealed and the following new section substi-

tuted therefor:—

Avoiding	28. Notwithstanding the provisions of any other
necessity to

register pre-	Act, regulation, or by-law, any person who is the
mises with
local author-	holder of a license under this Act in respect of any
ity.
particular premises shall not be required to obtain a license for or obtain registration of the same premises from any local health authority or local board of health, in order to enable him to occupy or carry on any premises as a dairy or sell dairy produce on the premises in question.
Amendment,	14. Section thirty of the principal Act is amended by
s. 30, prin-

cipal Act.

striking out all words after the words "dairy areas" in

paragraph (9) of the section.

Amendment,	15.	Subsection (2) of section thirty-two of the prin-
s. 32. prin-

cipal Act. cipal Act is repealed and the following is substituted:—

(2.) The regulations may impose

(a)	a maximum penalty of fifty pounds, with or without a minimum penalty of two pounds, for a breach of any regulation;
(b)	a daily penalty not exceeding two pounds for every day in respect of any such breach which still continues after conviction.

1935.] Metropolitan mole Milk. [No. 27.

Section forty-two of the principal Act is amended by striking out the word "thirty-five" and substituting	AmendMent,
s. 42, prin-
ci pal Act.
"thirty-six" for the word struck out.

16.

17. A Schedule is added to the principal Act, as Adding schedule for

follows :— purpose of

THE SCHEDULE.

A line extending due east from the west coast to and passing through the Wanneroo twelve-mile road post; thence continuing directly to one and one-half miles east of the Midland Railway to the 116 degrees 3 minutes east meridian of longitude; thence due south crossing. the Eastern Railway one-half mile west of Swan View railway station to the Canning river; thence due west one mile south of Kehnscott railway station continuing in a line due west to meet the coast one mile north of Woodman's Point.

18. (1.) The principal Act as amended by this Act Reprinting of principal Act

shall be reprinted under the supervision of the Clerk of

and amend-

moots

Parliaments. (2.) In any such reprint

method of

citation.

(a)	the sections shall be renumbered in arith- metical order and the cross references ad- justed;
(b)	wherever there is a reference to "whole milk"

the term "milk" shall be substituted.

(c) the name "Metropolitan Milk Board" shall be substituted for the "Metropolitan Whole Milk Board," wherever it occurs.

(3.) The short title of such reprint shall be the

Metropolitan Milk Act, 1932-1935.