Milk Act 1931 (NSW)
MILK ACT.
Act No. .59, 1931.
An Act to provide for the regulation and control of the supply and distribution of milk for consumption or use in the metropolitan milk distributing district comprising certain areas in and around the City of Sydney and in other milk distributing districts to be established ; to constitute a Milk Board and to define its functions, powers, and duties; to repeal the Metropolitan Milk Act, 1929; to amend the Dairies Supervision Act. 1901, the Public Service Act, 1902, and certain other Acts; and for purposes connected therewith. [Assented to, 7th December, 1931.]
BE
| i t enacted by the K i n g ' s Most Exce l len t Majes ty , la t ive Counci l and Legislat ive | BE | by and wi th the advice and consent of t he Legis |
Assembly of N e w South
| W a l e s | in | Pa r l i amen t | assembled, | and by the | a u t h o r i t y |
of t he same, as follows :—
P A R T I . P R E L I M I N A R Y .
1. ( I ) This Ac t may be cited as the " M i l k Act ,
1931."
(2) This Act shall c o m m e n c e upon a date to be
| appointed by t he Governor a n d notified | by proclamat ion |
| publ i shed | in t he Gaze t te . |
( 3 ) This Act shal l be read and cons t rued subject
to the Commonwea l th of Aus t ra l i a Const i tu t ion A c t and so as no t to exceed the legislat ive power of t h e Sta te to t he i n t e n t t h a t where any provision of th i s A c t or the applicat ion thereof to any person or c i rcumstances is held inval id the remainder of th is A c t and t h e appl ica t ion of such provision to other persons or c i rcum stances shall no t be affected.
2. This A c t is divided in to P a r t s as follows :—
P A R T I . — P R E L I M I N A R Y — SS. 1 - 6 . P A R T I I . — M I L K H O A R D , O F F I C E R S , & C — SS. 7 - 2 1 .
P A R T I I I . — F U N C T I O N S A N D P O W E R S OF T H E
B O A R D — ss. 2 2 - i S .
P A R T I V . — F I N A N C E — ss. 4 3 - 6 3 .
D I V I S I O N 1 .—Funds—ss . 1 3 - 4 5 . D I V I S I O N 2 . — L o a n s — ss. 4 6 - 6 0 . D I V I S I O N 3 .—Accounts and audit—- ss. 6 1 - 6 3 .
P A R T V . — A C Q U I S I T I O N OF P R O P E R T Y — ss. 6 4 - 7 4 .
D I V I S I O N ] . — A c q u i s i t i o n of land— ss. 6 1 - 6 7 .
D I V I S I O N 2 — A c q u i s i t i o n of undertakings— 88. 6 8 - 7 4 .
P A R T
P A R T V I . — REGULATIONS AND BY-LAWS —
ss. 7 5 - 7 7 .
P A R T V I I . — S U P P L E M E N T A L — S S . 7 8 - 8 2 . S C H E D U L E .
3. (1) The Met ropol i t an M i l k Act , 1 9 2 9 , is hereby repealed and the corporate body cons t i tu ted in pu r suance of t h a t Ac t u n d e r t he n a m e of t he " Met ro
poli tan Milk B o a r d " is hereby dissolved. ( 2 ) The persons who, a t t he commencemen t of
th is A c t are member s of the Met ropol i tan Mi lk Board , shall cease to hold office, and such persons shall no t r e t a in any r igh t s , s t a tus , or pr ivi leges conferred by the
Me t ropo l i t an Milk Act , 1 9 2 9 : Provided tha t t h e chair
m a n of t he r i gh t s and privi leges to which he m a y be ent i t led
Met ropo l i t an Mi lk Board shall r e ta in
any
by
v i r tue of section seven of t h a t Act .
(3) All regula t ions and by- laws made u n d e r t he
Met ropo l i t an Mi lk Ac t , 1 9 2 9 , and in force a t t h e
c o m m e n c e m e n t of th is A c t shal l , to t h e ex t en t to
which they are no t incons is tent wi th th i s Act , con t inue
in force, u n t i l repealed or replaced by regu la t ions or
by- laws u n d e r th i s Act .
I n cons t ru ing such regula t ions or by- laws a reference to t h e Board shal l be deemed a reference to t h e Mi lk Board, and a reference to t h e cha i rman , secre tary , or officer au thor ised by the Board shal l be deemed a reference to t he cha i rman , secretary, or officer a u t h o
rised by t h e Mi lk Board .
4. I n th is Ac t , unless t h e con t ex t o therwise indicates
or requ i res ,—
" A r e a " of Sydney, or a n y shire . means any munic ipa l i ty , inc lud ing the City " Authorised, a g e n t " means a n y person au thor i sed
by t h e Board to ac t on i ts behalf in t h e
execut ion of i ts powers u n d e r th i s Ac t , e i ther genera l ly or in a n y par t icu la r m a t t e r or c a s e ; a n d inc ludes a n y agen t , employee, or se rvant of an author ised agen t empowered b y such au thor i sed agen t to ac t on his behalf.
" Board "
" B o a r d " moans the Mi lk Board cons t i tu ted by
th is A c t . " By-laws " means by- laws m a d e unde r th i s Ac t .
" C h a i r m a n " means c h a i r m a n of t h e Board .
" D a i r y m a n " means t he occupier of any dairy premises .
" D a i r y premises " means any land or premises used for or in connect ion w i t h t he s tal l ing, graz ing , feeding, or m i lk ing of ca t t le for the purpose of p roduc ing mi lk which is sold or to be sold for consumpt ion or use wi th in any mi lk dis
t r i b u t i n g dis t r ic t . " Mi lk " includes c ream, and refers only to mi lk o r c ream which is sold or to be sold for con sumpt ion or use w i th in any mi lk d i s t r ibu t ing dis t r ic t .
" M i l k d i s t r i bu t ing d i s t r i c t " means a mi lk dis
t r i bu t i ng dis t r ic t es tabl ished u n d e r th is Act. " Mi lk store " means any bui lding, shed, or place a t or upon which mi lk is t rea ted , deposi ted, or stored, and includes any bu i ld ing or premises "within any mi lk d i s t r ibu t ing dis t r ic t a t or upon which milk is sold.
" Mi lk v e n d o r " means a n y person who is the occupier of a mi lk store, or w ho himself or b y his employee receives or accepts mi lk to be forwarded or suppl ied to any mi lk d i s t r ibu t ing distr ict o therwise t h a n as a carr ier or who sells
mi lk there in .
" P e r s o n " includes any par tnersh ip or firm or company or society formed unde r any A c t a n d any body of persons corporate or un incorpora te .
" Prescr ibed " means prescribed by th is Ac t or by t h e regula t ions or by- laws.
" Regu la t i ons " means regula t ions made u n d e r th i s A c t by the Governor .
" Secre tary " means secretary of t he Board .
" T o s e l l " means to sell by wholesale or by reta i l , a n d includes barter , supply for profit, offer for sale, receive for sale, have in possession for sale, expose for sale, send forward or deliver
for
for sale, cause or suffer or allow to be sold, offered, or exposed for sale, and refers only to sell ing for h u m a n c o n s u m p t i o n ; and " s a l e " and " sold " have a corresponding mean ing .
" T r e a t m e n t " includes t he examina t ion , c leansing,
pas teur isa t ion , modification, tes t ing , g r ad ing ,
cooling, re f r igera t ing , bo t t l ing , or pack ing of
m i l k ; and " t r e a t " has a corresponding mean ing .
5. Un less otherwise in this Ac t expressly provided, th i s A c t shal l no t affect any provision of t he Dair ies Supervis ion Ac t , 1901 , t he Svdney Corporat ion Ac t ,
1902, the Pub l ic H e a l t h Act , 1902, t he Pub l ic H e a l t h
( A m e n d m e n t ) Act , 1915, t he P u r e Pood Act, 1908 , t h e
Fac tor ies and Shops Act , 1912, t he Da i ry I n d u s t r y Act , 1915, t he W e i g h t s and Measures Ac t , 1915, t h e Local Gove rnmen t Act , 1919, t he Stock Diseases Ac t , 1923 , or a n y Ac t a m e n d i n g those Acts , or any rules , r egu la t ions , ord inances , or by- laws m a d e u n d e r any such Acts , or t a k e away powers vested in any person or body by a n y of t he said Acts or by any ru les , regula t ions , ordinances , or by-laws made the reunder .
6. (1) This A c t shall app ly to every p roduc ing dis
t r ic t and to every mi lk d i s t r i bu t i ng dis t r ic t establ ished
under th i s Act .
(2) The areas set ou t in t he First P a r t of t he Schedule to th is A c t shal l
be the p roduc ing
dis t r ic t
for
t h e met ropol i t an mi lk d i s t r i bu t ing dis t r ic t .
(3) The areas set ou t in t h e Second P a r t of t h e Schedule to th is A c t
toge ther wi th t he P o r t of
Sydney
as defined in t he Sydney H a r b o u r T r u s t Act , 1900 -1930 ,
shal l be t h e m e t r o p o l i t a n mi lk d i s t r i b u t i n g distr ict .
(4) The Governor m a y from t i m e to t i m e b y
p roc lamat ion publ ished in t he Gazet te es tabl ish a n y
new mi lk d i s t r i bu t ing distr ict , and define t he p roduc ing
dis t r ic t for such mi lk d i s t r ibu t ing dis tr ic t .
E v e r y such p roc lamat ion shall a m e n d t h e Schedule
to th i s A c t —
(a)
by adding to the Second Part thereof the n a m e of t h e m i l k d i s t r i bu t ing dis t r ic t a n d the names of the areas or pa r t s of a reas inc luded
in such d i s t r i c t ;
(b)
(b)
by add ing to t he F i r s t P a r t thereof t he n a m e of the p roduc ing distr ict for such mi lk d i s t r ibu t ing
dis t r ic t and the names of t h e areas or par t s of areas inc luded in such produc ing distr ict .
( 5 ) The Governor m a y from t ime to t ime by
| p roc lamat ion | publ i shed | in | t he | Gazet te | amend | t h e |
Schedule to this A c t or any addi t ion m a d e the re to p u r s u a n t to subsect ion four of this section by add ing there to or exc lud ing theref rom the names of any areas or par t s of areas .
(6) Every proc lamat ion issued p u r s u a n t to s\ib-
sect ion four or subsect ion five of th is section shal l—
(a)
take effect from the date of publication of t h e p roc lamat ion or from a la ter da te to be specified in t he proclamat ion ; and
(b) be laid before both Houses of P a r l i a m e n t
wi th in fourteen 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
wi th in fourteen s i t t ing days after the com mencemen t of the n e x t session.
If e i ther House of P a r l i a m e n t passes a resolut ion of
which notice has been given wi th in fifteen s i t t ing days after such proclamat ion has been laid before such House disal lowing the proclamat ion or pa r t thereof, such p ro c lamat ion or p a r t shall the reupon cease to have effect.
| (7) W h e r e t he Schedule to this Ac t is so amended , to any a m e n d m e n t so made , and the Schedule as so amended may be repr in ted as the Schedule to this Act | t he | A m e n d m e n t s | Incorpora t ion | Act , | 1906, shal l | ex tend |
| in any repr in t made after | such | a m e n d m e n t . |
P A R T
P A B T I I .
M I L K BOARD, OFFICEBS, &C.
7. (1) The re shal l he cons t i tu ted a Board to he
called t he Mi lk Board, which shal l , sub jec t to t he control of t h e Minis ter , be charged wi th the admin is
t r a t ion of th i s Ac t . (2) The Board shall consist of t h r ee members ,
one of w h o m shal l be appoin ted as the c h a i r m a n of
t h e B o a r d ; one o the r shal l be representa t ive of dairy
m e n ; and t h e th i rd shal l be represen ta t ive of t h e consumers of mi lk .
(3) The m e m b e r s of t h e Board shal l be appoin ted
by t h e Governor for a t e r m of five years , shall receive such r e m u n e r a t i o n as m a y be de te rmined by t h e
Governor , and shal l be el igible for r e a p p o i n t m e n t :
Provided t h a t on t h e occurrence of a vacancy an a p p o i n t m e n t
shall
be
m a d e
for
the
unexp i r ed
t e r m
of
t h e vacan t office.
( 4 ) The r e t i r i ng age for each m e m b e r of t h e
Board shall be sixty-five years .
( 5 ) A m e m b e r of t h e Board m a y be suspended or
removed for misbehaviour or incompetence , as follows :—
(a)
a m e m b e r of t h e Board may be suspended from his office by the Governor for misbehaviour or incompetence , b u t shal l no t be removed from
office excep t as here inaf ter provided. The Min i s te r shal l cause to be laid before
Pa r l i amen t a full s t a t emen t of t he grounds of
suspension wi th in seven days after such sus pension if P a r l i a m e n t be in session and ac tua l ly
s i t t ing, a n d w h e n P a r l i a m e n t is no t in session
or n o t ac tua l ly s i t t ing, w i th in seven days after
t he c o m m e n c e m e n t of t he n e x t session or s i t t ing .
(b)
a m e m b e r of t he Board suspended u n d e r th is section shall be res tored to office unless each H o u s e of Pa r l i amen t w i t h i n twen ty -one days
from t h e t i m e w h e n such s t a t e m e n t has been
laid before it, declares by resolut ion t h a t t h e
said
said member ough t to be removed from office, and if each H o u s e of Pa r l i amen t wi th in the
said t ime does so declare, t he said m e m b e r shal l be removed by the Governor accordingly.
(6) The provisions of t h e P u b l i c Service Ac t ,
| 1902, or any A c t a m e n d i n g | t h a t Ac t , shal l no t apply | to |
t h e appo in tmen t of m e m b e r s of t h e Board, and such m e m b e r s shall no t as member s be subject to the pro
| visions of t h e said Ac t d u r i n g the i r t enu re of | office. |
( 7 ) The cha i rman shall be t he pe rmanen t head
| wi th in | t h e | m e a n i n g | of | t he | P u b l i c | Service | Ac t , | 1902, |
| a n d | any | A c t | a m e n d i n g | t h a t | Ac t . |
(8) M e m b e r s of the Board shal l be ent i t led to
such leave of absence as m a y be prescribed.
(9) I n t he case of t h e il lness, suspension, or absence from N e w South Wales of any m e m b e r of the Board t he Governor may appoin t a depu ty to perform all or any of the duties of such member , and such d e p u t y shall receive such salary, fee, or r emune ra t i on as t h e Governor may direct .
| 8. | (1) A n y m e m b e r of t h e Board who a t the | da te |
of his a p p o i n t m e n t is a n officer of the P u b l i c Service shal l in t he event of h is office on t h e Board being d iscont inued or in t he event of t he dissolution of t he Board, be eligible, on t he recommenda t ion of t he Pub l i c Service Board , to b e ' appointed to some office in the Pub l i c Service not lower in classification and salary t h a n t h a t which he held a t the da te of his appo in tmen t
| as a m e m b e r of t he | Board. |
(2) N o t h i n g conta ined in th is A c t shal l affect t he
| r igh t s accrued or acc ru ing u n d e r the Publ ic Service Act , |
1902, or unde r the Superannua t ion Act, 1910, or any A c t a m e n d i n g such Acts , to any officer of the Pub l i c Service appointed a m e m b e r of t he Board .
(3) A n y officer of t he Pub l ic Service so appoin ted shall con t inue to con t r ibu te to any fund or accoun t and shall be ent i t led to receive any deferred or extended leave, p a y m e n t , pension, or g r a tu i t y as if he were an
| officer | or employee | w i th in | t he | m e a n i n g of | t he | Pub l ic |
Service Act , 1902, or t he Superannua t ion Act , 1916-1930 , as t he case may be.
9. A person who is a m e m b e r of any firm or a
di rector or officer of any company , society, association,or corporat ion direct ly or ind i rec t ly c a r r y i n g on t h e
business of or h a v i n g for i ts objects the supply , t r ea t
m e n t , d is t r ibut ion, or sale of mi lk , or who receives any r emune ra t i on or fee, or a n y benefit (otherwise t h a n as a shareholder) from any such firm, company, society, association, or corpora t ion shal l n o t be eligible for appo in tmen t as a m e m b e r of the Board, and shall be disqualified to hold such office.
10. A m e m b e r of the Board shal l be deemed to have
vaca ted his office if h e —
(a) engages d u r i n g his t e rm of office in a n y paid
e m p l o y m e n t outs ide the dut ies of his office ;
(b) becomes b a n k r u p t , compounds wi th his credi tors , or makes an ass ignment of his salary
or es ta te for thei r benef i t ; (c) absents himself from duty for a period of
four teen consecut ive days excep t on leave g ran ted by t h e Minis te r (which leave he is author ised to g ran t ) , or becomes incapable of
pe r fo rming his d u t i e s ; (d) becomes an insane person or patient or an
incapable person wi th in t he m e a n i n g of t he
L u n a c y A c t of 1 8 9 8 ; (e)
is convicted of any felony or m i s d e m e a n o u r ; (f) becomes disqualified from holding office as a
m e m b e r of t he Board ;
(g) res igns his office in wr i t i ng unde r his h a n d
addressed to t he Governor .
11. ( 1 ) T h e procedure for t h e ca l l ing of mee t ings of t h e Board and t h e conduc t of business a t such mee t ings shal l , subject to a n y regu la t ions or by- laws in
re la t ion the re to , be as de te rmined by the Board.
(2) A t any m e e t i n g of t h e Board a t wh ich al l
th ree m e m b e r s are present , t h e decision of a major i ty
shal l be t h e decision of t h e Board . (3) A n y t w o member s of t he Board shal l be a
q u o r u m thereof, a n d a n y duly convened m e e t i n g a t
which a q u o r u m is p r e sen t shal l be c o m p e t e n t to
t r ansac t
t r ansac t any business of the Board, and shal l have and may exercise all t he powers and au thor i t ies which by this Act are conferred on the Board.
( 4 ) The cha i rman shall preside a t all meet ings
of the Board a t which he is present .
(5) If a t any m e e t i n g of t h e Board a t which
two member s only are present , such members differ in opinion upon any m a t t e r , the de te rmina t ion of such m a t t e r shall be postponed to a mee t ing a t which all
| t h ree | m e m b e r s | are | present . |
(6) The Hoard shall keep full and accu ra t e
| m i n u t e s of all its proceedings in such m a n n e r and | form |
| as may be prescr ibed by t h e | regu la t ions . |
(7) The Board m a y by resolut ion under seal
| au thor i se | t h e | c h a i r m a n | to | de te rmine | such | ma t t e r s | as |
a r e specified in t he resolut ion.
Any such au thor i ty may from t ime to t ime be revoked or varied by resolut ion unde r seal.
(8) All acts and proceedings of t he Board shall be valid no twi th s t and ing any vacancy in the Board or a n y i r regular i ty in t he appo in tmen t of any m e m b e r of t h e Board , and no twi th s t and ing t h a t any person not qualified or ceasing to be qualified may have acted as a member of t he Board.
12. (1) The Board shall be a body corporate with
perpe tua l succession a n d a c o m m o n seal, and m a y sue and be sued in its corporate name, and shall be capable of purchas ing , hold ing , g r an t ing , demis ing, disposing of
| and a l iena t ing real and personal p roper ty , and of doing |
and suffering all such o the r ac ts and th ings as bodies
corporate may by law do and suffer.
( 2 ) The c o m m o n seal shal l be kep t in the
cus tody of t he c h a i r m a n or such o ther m e m b e r of t he Board as the Board m a y de te rmine , and shal l no t he affixed to any i n s t r u m e n t or wr i t ing , except in the; presence of a q u o r u m of the Board ; and t h e member s in whose presence t h e seal is affixed shall a t t e s t by the i r s igna tures t he fact and date of t he seal be ing so affixed.
(3)
(3) All cour t s and persons h a v i n g by law or consent of par t ies au tho r i t y to hear , receive, and examine evidence shal l t ake jud ic ia l not ice of t he seal of t h e Board affixed to any d o c u m e n t ; and shall , unt i l t h e con t ra ry is proved, p resume t h a t such seal was
p roper ly affixed there to . 13. A n y moneys due to t he Board or to t h e Me t ro
pol i tan M i l k Board shall , for the purposes of t he recovery thereof, be deemed to be moneys due to H i s Majes ty , and m a y be sued for and recovered by t h e Board .
14. en te red in to
(1)
N o
m a t t e r
or t h i n g
done, and
no
cont rac t
b y t h e Board, a n d no m a t t e r or t h i n g done
b y any m e m b e r or officer of t he Board or by a n y o the r
person whomsoever ac t i ng u n d e r t h e direct ion of t h e Board shall , if t h e m a t t e r or t h i n g was done or t h e con t rac t was en te red in to bona fide for t he purpose of execu t ing th is Ac t , subjec t any such m e m b e r , officer,
or person to a n y act ion, l iabi l i ty , c la im, or d e m a n d whatsoever .
(2) N o t h i n g in th is section shal l e x e m p t any
m e m b e r of t he Board from l iabil i ty to be su rcharged
w i t h the by t h e Aud i to r -Gene ra l
a m o u n t
of
any p a y m e n t
which
is
disallowed
in t he accounts of t he Board ,
a n d which such m e m b e r au thor ised or jo ined in au thor i s ing .
15.
pol i tan Mi lk Board shall become a n d be t he officers and
employees of t h e Board .(1) The officers and employees of t he M e t r o
(2) N o officer or employee so t ransferred sha l l
be ent i t led to c la im benefits u n d e r th i s A c t as well as u n d e r a n y other Ac t for the same period of service.
(3) W h e r e a n y condit ion of e m p l o y m e n t of a n y
officer or employee so t ransferred to the Board is a t t h e da te of bis t ransfer r egu la ted by an a w a r d or industr ia l
ag reemen t , such condi t ion shall con t inue to be so r e g u la ted un t i l a n a w a r d by which t h e Board is bound is
m a d e by a c o m p e t e n t t r i b u n a l or such condi t ion is
r egu la t ed by an indust r ia l a g r e e m e n t to which t h e Board is a pa r ty .
16. (1) The Governor m a y on the r e c o m m e n d a t i o n
of t he Board appoin t such officers as are necessary for ca r ry ing out t he provisions of th is Ac t , and may , on a like recommenda t ion , de te rmine the salary, wages , a l lowances , and condi t ions of emp loymen t of t h e officers so appointed where these are no t de te rmined in accordance wi th the provisions of o ther Ac t s .
(2) U p o n the recommenda t ion of t h e Board
regu la t ions may be made under th is A c t as to t h e condi t ions and t e rms of emp loymen t of officers a n d employees of t h e Board.
(3) The Board may employ a n d dismiss such
casua l employees as it deems necessary.
| Casual employees shall receive such wages or re m u n e r a t i o n | as | the | Board | may | de te rmine . |
17. A n y officer or employee so t ransfer red and any
officer of t h e Pub l i c Service so appointed to t h e service
of the Board shall—
(a) have the same right to consideration for any
a p p o i n t m e n t in t he Pub l i c Service as is
provided by t h e P u b l i c Service Ac t , 1 9 0 2 , for a n officer of the Pub l i c Service ; and
(b) have and enjoy the same rights and privileges, if any, w i th regard to annua l , sick, deferred, and ex tended leave, and supe rannua t ion
cont r ibu t ions and p a y m e n t s , as if he had
cont inued a n officer or employee of t h e
Met ropo l i t an Mi lk Board or of t h e Pub l i c
Service, and for th i s purpose service wi th t h e
Met ropo l i t an Mi lk Board, or in t he Pub l i c Service, of any officer shal l coun t as cont inuous service wi th the Board, and service wi th t h e Board shall for the purposes of supe rannua t ion coun t as service w i t h t h e Met ropol i t an Mi lk Board or in t he Pub l i c Service.
18. (1) Any officer or employee en t rus ted wi th t he
cus tody and control of moneys shal l , w h e r e required by t h e Board, give such secur i ty for t he faithful execut ion of his office or employmen t as t h e Board shal l r equ i re .
( 2 )
( 2 ) A n y person who being a member of the
Board or holder of a n y office or e m p l o y m e n t unde r this
Ac t , w i t h o u t lawful au tho r i t y demands or receives from any person any p a y m e n t , g ra tu i ty , or p resen t in con siderat ion of doing or of omi t t ing to do any ac t or t h i n g pe r t a in ing to his office or employmen t shall be liable upon s u m m a r y convict ion to a pena l ty not exceeding
one h u n d r e d pounds , or to impr i sonmen t with or w i t h o u t h a r d l abour for a t e r m no t exceeding t w o years , and his services shall , as from the da te of his convict ion, be t e rmina ted , and any privi leges accru ing or accrued forfeited.
(3) A n y person who wi thou t lawful au thor i ty
offers, makes , or gives to any member of t he Board or to t h e holder of any office or employment unde r t h i s A c t any p a y m e n t , g ra tu i ty , or present in considerat ion
t h a t such m e m b e r or holder of office or emp loymen t
wil l do or omit to do some act or t h i n g pe r t a in ing t o his office or emp loymen t shall be l iable upon s u m m a r y
convict ion to a pena l ty no t exceeding one h u n d r e d
pounds , or to impr i sonmen t w i th or w i t h o u t bard labour for a t e r m not exceeding two years. 19. (1) If any officer or employee , when requi red
by t h e c h a i r m a n or secretary, fa i l s—
(a) to render account of moneys which in the course of his dut ies as such officer or employee shal l have come in to his hands or u n d e r his control and of his deal ings the rewi th , or to pay to t h e c h a i r m a n or secretary t he ba lance
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 secre tary al l papers , p roper ty , and t h i n g s in his possession or power re la t ing to t h e execut ion of th i s A c t or belonging to t h e Board,
any s t ipendiary or police mag i s t r a t e or a n y two j u s t i c e s
may on t h e compla in t of t h e c h a i r m a n or secre tary order such officer or employee to render t h e accoun t s , p a y t h e balance , or deliver u p t h e papers , p rope r ty , and th ings as t h e case m a y be, and t h a t on non-compl iance w i t h t h e order t h e officer or employee be imprisoned for
a t e r m not exceeding six m o n t h s . ( 2 )
(2) Proceedings under th is section shal l no t affect the l iabil i ty of any sure ty of any officer or employee or relieve any officer or employee from be ing held to answer any cr iminal informat ion , charge , or proceedings.
(3) For the purpose of th is section " officer " or " e m p l o y e e " shal l inc lude a person who has wi thin twelve mon ths prior to any r equ i r emen t referred to in subsect ion one of this section been an officer or employee .
20. Any officer, employee, or o ther person who wil
fully destroys any documen t of or be longing to t h e Board shall be gui l ty of a misdemeanour , and shal l be
| pun i shab le | accordingly. |
21. (1) All real and persona l proper ty and all r igh t
and in teres t there in and all m a n a g e m e n t and cont ro l of any land or t h i n g which is vested in or belongs to the Met ropol i tan Milk Board shall vest in and belong to t he Board.
(2) All ra tes , moneys, l iquidated and un l iqu i
dated claims which are payable to or recoverable by the Met ropol i t an Milk Board under t he Metropol i tan Mi lk Ac t , 1929, shall be rates , moneys , l iquidated and un l iqu ida t ed claims payable to or recoverable by t h e Board.
(3) Al l sui ts , actions, and proceedings pend ing
a t the suit of the Met ropo l i t an Milk Board in relat ion to any m a t t e r or claim whatsoever shall be suits , act ions, a n d proceedings pend ing at t he sui t of t h e Board.
(4) All cont rac ts , agreemeii ts , and unde r t ak ings
entered into wi th and all securi t ies lawfully given to or by t h e Met ropol i t an Mi lk Board and in force a t t h e c o m m e n c e m e n t of th is A c t shal l be contrac ts , agree
| ments , | and u n d e r t a k i n g s entered into | wi th and | securi t ies |
given to or by the Board.
(5) The Hoard m a y pu r sue t he same remedies for the recovery of any such rates , moneys , and c la ims, and for t he prosecut ion of such sui ts , act ions, and proceedings as the Metropol i tan Mi lk Board m i g h t have done bu t for this Act .
( 6 )
(6) The Board m a y enforce and realise any
secur i ty or cha rge exis t ing a t t h e c o m m e n c e m e n t of th i s A c t in favour of t he Met ropo l i t an Mi lk Board in respect of any such ra tes , moneys , and c la ims as if such secur i ty or cha rge were ex is t ing in favour of t he Board .
(7) Al l debts d u e and moneys payable by, a n d
all c la ims, l iqu ida ted a n d un l iqu ida ted , recoverable aga ins t t h e Met ropo l i t an M i l k Board , shal l be debts due and moneys payable by and c la ims recoverable agains t
t h e Board.
(8) N o a t t o r n m e n t by a lessee of any l and
vested in t he Board by th i s section shal l be necessary.
P A R T I I I .
FUNCTIONS AND POWERS OF THE BOARD.
22. Subjec t to the provisions of th i s A c t t h e Board
is he reby charged wi th t h e r egu la t ion and control of t h e supply a n d d i s t r ibu t ion of mi lk wi th in t he me t ro
pol i tan m i l k d i s t r ibu t ing dis t r ic t a n d such o the r mi lk
d i s t r ibu t ing dis t r ic ts as m a y from t i m e to t ime be establ ished.
23. (1) As soon as prac t icable after i ts a p p o i n t m e n t
a n d thereaf ter from t i m e to t ime as t h e Board m a y
deem necessary or desirable, t h e Board shal l de t e rmine ,
after i nqu i ry to be held in t h e m a n n e r prescr ibed by
regu la t ions , t h e m i n i m u m price or prices which m a y
be paid to a d a i r y m a n for mi lk .
(2) The Boa rd m a y f rom t i m e to t i m e after
i nqu i ry he ld in t h e m a n n e r prescr ibed by r egu l a t i ons—
(a) fix the price or prices which may be paid to
or cha rged by a n y person for t h e collection,
t r e a t m e n t , s torage, d is t r ibut ion , or delivery of m i l k ;
(b) fix different minimum prices to be paid to
d a i r y m e n according to differences in grade , qua l i ty , descript ion, or q u a n t i t y (whe the r grade, qua l i ty , or descript ion are prescr ibed or
not ) ,
n o t ) , or the condi t ions of collect ion, t r e a t m e n t , delivery, or sale, or in respect of mi lk produced in different p roduc ing distr icts or p a r t s thereof ;
(c) fix the maximum price or prices to be paid by
mi lk vendors or o the r persons for mi lk b o u g h t by wholesale for resale or for u s e ;
(d) fix the maximum price or prices at which
mi lk may be sold by r e t a i l ; (e)
fix different m a x i m u m wholesale or re ta i l
prices according to differences in grade ,
qua l i ty , descript ion, or q u a n t i t y (whether
grade, qua l i ty , or descr ipt ion are prescr ibed or no t ) , or t he condit ions of delivery, d is t r ibut ion , or sale, or in respect of mi lk delivered, d i s t r ibu ted , or sold in different d i s t r ibu t ing
dis t r ic ts or pa r t s thereof; (f) vary or revoke any such price but so as to
apply only to future t r ansac t ions .
(3) (a) Pr ices de termined or fixed by the Board shal l , if approved by the Minis ter , be notified in t h e m a n n e r prescribed by the regula t ions and t ake effect from a day to be specified in such notification, a n d c o n t i n u e to have effect un t i l varied or revoked by a
| subsequen t | notification. | |
|
(i) purchases mi lk supplied by a d a i r y m a n or be ing a da i ryman supplies mi lk for use or c o n s u m p
t ion w i th in a mi lk d i s t r i bu t ing dis t r ic t a t a
price less t h a n t h e m i n i m u m pr ice notified in respect of such mi lk ; or
(ii) sells milk at a price exceeding the maximum price so notified ; or
(iii) pays or charges any price exceeding the price
so notified for t h e collection, t r e a t m e n t ,
s torage, d is t r ibut ion , or delivery of mi lk ,
| shal l be gu i l ty of a n offence agains t th is | A c t . |
(4) If after any a g r e e m e n t is m a d e for t h e sale
a n d purchase of mi lk t h e Board in exercise of i ts powers u n d e r th i s section fixes and notifies any pr ice which
affects
affects e i ther d i rec t ly or ind i rec t ly any such ag reemen t ,
t h e n as f rom the da te t h e notification t akes effect t h e a g r e e m e n t shal l be a l te red as follows :—
(a) W h e r e any m i n i m u m price to be paid to a d a i r y m a n is so fixed a n d notified such pr ice shall be subs t i tu ted for t h e agreed pr ice in a n y a g r e e m e n t w i t h a da i ryman for t h e supply or sale of mi lk where such agreed pr ice is less t h a n the m i n i m u m price fixed and notified for
m i l k of supplied or sold, whe the r or n o t grade ,
t h e
grade ,
qua l i ty ,
or
descript ion
qual i ty ,
or descript ion is specified in t h e a g r e e m e n t ;
(b) Where any price is fixed for the collection,
t r e a t m e n t , s torage , d is t r ibut ion, or del ivery of mi lk , such price shal l , if less t h a n t h e agreed price in any ag reemen t for such purposes re la t ing to mi lk affected by such fixation, be
subs t i tu t ed for such agreed pr ice. (c) W h e r e t he a g r e e m e n t is be tween a m i l k vendor and a person o ther t h a n a da i ryman , and any ag reemen t unde r w h i c h such mi lk vendor acqui red t he mi lk has been varied by t h e operat ion of p a r a g r a p h (a) or p a r a g r a p h (b)
of t h i s subsec t ion— (i) if such variation operates to increase
t h e cost of t h e m i l k to such mi lk
vendor he m a y add to t h e agreed pr ice
t he n e t a m o u n t of such i n c r e a s e ;
(ii) if such var ia t ion opera tes to decrease
t h e cost of t h e mi lk to such mi lk
vendor , t he pu rchase r may deduct from
the agreed price t he ne t a m o u n t of
such dec rease ;
b u t in no case shal l this subsect ion opera te to increase t he price payable unde r a n y agree m e n t to a pr ice exceeding a n y m a x i m u m price fixed and notified unde r this section in re la t ion to mi lk of t h e grade , qua l i ty , or descript ion
sold, w h e t h e r or no t grade , qual i ty , or descr ip
t ion is specified in t h e ag reement .
24. (1) The Board may , wi th t he approval of the
Minis ter ,—
(a) define, r egu la te , a n d control the me thod ,
e x t e n t a n d / o r condit ions of supply , collection.,
and t r e a t m e n t of mi lk wi th in any p roduc ing
distr ict or p a r t thereof or a t any mi lk s t o r e ;
(b) regula te t h e n u m b e r of mi lk stores a t which mi lk m a y be t reated, deposi ted, or stored in
any produc ing d i s t r i c t ;
(c) divide any mi lk d i s t r ibu t ing dis t r ic t in to
d i s t r ibu t ing sub-dis t r ic ts , and r egu la t e the
n u m b e r of persons who m a y t rea t , deposit ,
store, d is t r ibute , or sell m i lk wi th in any such
d i s t r ibu t ing sub-dis tr ic t or pa r t thereof. ( 2 ) I n the exercise of its powers unde r th is
sect ion t he Board shal l have due regard to t he in teres ts of any person then engaged or in te res ted in t h e supply , collection, t r e a t m e n t , deposit , s torage, d is t r ibut ion , or sale of mi lk wi th in t he p roduc ing distr ict or mi lk d i s t r ibu t ing dis t r ic t or sub-dis tr ic t or pa r t thereof, in respect of which the power is exercised.
25. The Board may, subjec t to this A c t , —
(a)
issue certificates in the prescribed form to da i rymen or mi lk vendors specifying the grade or grades of mi lk which any such da i ryman or mi lk vendor is author ised to supply , t rea t , deposit, store, d is t r ibute , or s e l l : Provided
t h a t no d is t r ibut ion, or sale of mi lk as t h e p roduc t of
certificate
au thor i s ing
t he
supply,
tubercu l in tested cows shall issue unless the cows produc ing such m i l k have been certified as free from tuberc le b y t h e D e p a r t m e n t of
Agr icu l tu re , or by t he Board or by a veter
ina ry surgeon approved by t h e B o a r d ;
(b) establish and maintain laboratories to carry on
researches in to m a t t e r s r e l a t ing to mi lk and the p roduc t s and by-produc t s of m i l k ; and adopt t he resul ts of any such researches and invest igat ions m a d e in any other laboratories ;
(c)
(c) a t a n y reasonable t ime b y au thor i sed officers en te r and inspect a n y premises w h i c h are believed to be used as dai ry premises or mi lk s tores , a n d examine and t ake no tes , copies, or ex t r ac t s of or from any books, documents , papers , and a n y scales, measures , appliances, appa ra tus , vehicles, or u tens i l s referr ing to or used in connect ion wi th the supply , collection, t r e a t m e n t , s torage , d is t r ibut ion , or sale of m i l k ;
(d)
call for and obta in such informat ion or r e t u r n s , inc lud ing periodical informat ion or r e t u r n s from da i rymen and mi lk vendors as in t h e opinion of t h e Board are necessary or desirable ;
(e) prohib i t t h e use for h u m a n consumpt ion in any form of mi lk which appears to i t to be
dele ter ious to hea l th or unwholesome ;
(f)
r equ i r e da i rymen , au thor i sed agen t s , a n d mi lk vendors to keep such books and records as m a y be prescr ibed and in such forms as m a y be p re sc r ibed ;
(g)
require dairymen to keep a register in or to t h e effect of t he prescr ibed form showing the
prescr ibed par t i cu la r s of the i r h e r d s ; (h) t ake or pu rchase samples of mi lk from a n y dairy premises or mi lk store, or from any
conveyance, u tens i l , or conta iner ;
(i) appo in t any au thor i sed a g e n t ;
(j) r egu la t e and de te rmine t he hou r s or t imes
w i t h i n which mi lk m a y be d is t r ibuted b y re ta i l in any vehicle or receptac le in any m i l k d i s t r ibu t ing dis t r ic t or sub-dis t r ic t or p a r t
thereof.
26. (1) F r o m a n d after a day to be appo in ted b y
t h e Governor and notified by proc lamat ion publ ished in t h e Gaze t te , mi lk suppl ied for consumpt ion or use
w i t h i n t h e met ropo l i t an mi lk d i s t r ibu t ing distr ict or m i l k d i s t r ibu t ing sub-dis t r ic t thereof specified in t h e
p roc lamat ion shal l become absolute ly vested in and be t h e proper ty of the Board .
( 2 )
(2) The Governor may also by a p roc lamat ion as aforesaid appo in t a day from and after which m i l k suppl ied for consumpt ion or use wi th in any mi lk dis t r i b u t i n g distr ict or any mi lk d i s t r ibu t ing sub-dis t r ic t
thereof, notified in accordance wi th th is Act , shall
become absolutely vested in and be t he p roper ty of t he
Board.
(3) F r o m and after t h e day so appoin ted such mi lk shal l become the absolute proper ty of t h e Board, freed f rom al l mor tgages , charges , l iens, p ledges , in te res t s , and t rus t s affecting t he same, and the r igh t s a n d in teres ts of every person in such milk shall the re upon be t aken to be converted into a c laim for p a y m e n t therefor .
( 4 ) A n y proclamat ion may be m a d e in respect
only of mi lk produced in or supplied or to be supplied to ce r ta in mi lk d i s t r ibu t ing sub-distr icts , and may provide for t h e ves t ing of mi lk subject to t h e fulfi lment of such condit ions as are specified, and may be amended
or revoked by a subsequen t p roc lamat ion . ( 5 ) No such proc lamat ion shall apply to milk
produced and retai led directly by a da i ryman on his own
behalf.
27. (1) Upon and after t he da te of the publ ica t ion
of any proc lamat ion u n d e r section twenty-s ix of th i s
Ac t , a l l mi lk supplied for consumpt ion wi th in t h e mi lk
| d i s t r ibu t ing | dis t r ic t | or | sub-dis t r ic t | thereof | specified | in |
t h e proc lamat ion shall be del ivered by t h e da i ryman p roduc ing the same to the Board in accordance wi th t he provisions of this section.
( 2 ) F o r t he purposes of th is section t he Board
m a y
from
t ime (a) t h e q u a n t i t y of mi lk
to
t ime
d e t e r m i n e —
per week which m a y be
suppl ied to and accepted by t h e Board in any produc ing distr ict or p a r t thereof or a t any place appoin ted by t h e Board a t which mi lk
will be accep t ed ;
(b)
t h e quan t i t y of mi lk or t he n u m b e r of mi lk iugs per week ei ther morn ing or afternoon which m a y be delivered by any d a i r y m a n to a n d
accepted by the B o a r d ; (c)
(c) the places at which milk will he accepted by
the B o a r d ; (d, t h e periods d u r i n g which mi lk may he so del ivered and accepted.
Tn m a k i n g any de te rmina t ion unde r pa r ag raph (a)
of this suhsect ion the Board shall have regard to t he quan t i ty of milk per week which , pr ior to t he m a k i n g of such de te rmina t ion , has been supplied in such produc ing dis t r ic t or pa r t thereof for consumpt ion or use in t h e mi lk d i s t r ibu t ing dis t r ic t or mi lk d i s t r ibu t ing sub-
d i s t r i c t referred to in t he proclamat ion. (8) On and from t h e da te of t he publ icat ion of
any p roc lamat ion u n d e r section twen ty - s ix of th is A c t any d a i r y m a n who, except to t he e x t e n t provided in subsection five of t h a t section, supplies , sells,
or delivers mi lk for consumpt ion or use in t he mi lk d i s t r ibu t ing dis t r ic t or the sub-dis t r ic t thereof specified in t he proc lamat ion to a person other t h a n the Board, and every person other t h a n the Board who buys or receives such mi lk from a da i ryman , shall be gui l ty of an offence a n d liable on s u m m a r y convic t ion to a pena l ty not exceeding twen ty pounds .
(1) Milk so delivered to and accepted by the
Board m a y be disposed of to mi lk vendors or to
o ther persons. 28. delivered
( 1 ) Al l mi lk delivered to t he Board shall be
in t h e n a m e of t he da i ryman p roduc ing
the same.
( 2 ) The Board shal l , ou t of t he proceeds of
mi lk disposed of by t h e Board u n d e r th is Ac t , m a k e
provision for expend i tu re incur red in the t r e a t m e n t , carr iage, d is t r ibut ion, and sale of mi lk , t he costs, charges , and expenses of the adminis t ra t ion by the Board of th is Act , and any a m o u n t s necessary to repay advances m a d e to , and to provide a s ink ing fund in respect of any loan raised by t h e Board, and in te res t on any such advance or loan ; and subject to th is Act shall m a k e p a y m e n t s to each d a i r y m a n in respect of t he mi lk delivered by h i m on t h e basis of the min i
m u m price or prices notified in re la t ion the re to .
(3)
(3) F o r the purposes of ascer ta in ing t h e pr ice
to be paid to a d a i r y m a n for mi lk delivered to t h e Hoard, and for t h e purposes of th i s Act , t he Board ' s decision as to grade, qua l i ty , or descript ion (whether grade, qual i ty , or descript ion is prescr ibed or no t ) , and as to the q u a n t i t y or t h e condit ions of p roduc t ion ,
supply , collection, t r e a t m e n t , or del ivery shal l be final
a n d conclusive. (4) W h e r e milk produced u n d e r a share-farm ing or pa r tne r sh ip ag reemen t is del ivered to and accepted by the Board, the Board m a y in i ts discret ion m a k e p a y m e n t to each of t h e par t ies to such ag reemen t in accordance wi th the i r interests in the mi lk delivered.
29. The Board may m a k e or a r r a n g e for advances on accoun t of mi lk delivered to t h e Board, and any such advances and any p a y m e n t made on accoun t of such mi lk m a y be m a d e a t such t ime or t imes , and on such t e rms and condit ions, and in such m a n n e r as the Board
may t h i n k li t . 30. (1) Eve ry cont rac t which is made in or outs ide
of New South Wales , whe the r before or after t h e pub l i cation of a proc lamat ion , so far as it relates to mi lk which is t he subjec t of t he proclamat ion, shal l be and is he reby declared to be a n d to have been void and of no effect as from the da te upon which it was made , so far as such con t rac t has not been comple ted by delivery a t t h e da te of the publ ica t ion of such proc lamat ion : P ro vided t h a t for t he purposes of th is section any such con t rac t shall be deemed to be severable.
( 2 ) Any t ransac t ion or con t rac t wi th respect to
mi lk which is t he sub jec t -ma t t e r of any con t rac t or
p a r t of a con t rac t declared b y th is section to be void shal l also be void and of no effect, and any money paid in respect of any cont rac t or p a r t of a cont rac t hereby
m a d e void or of any such t ransac t ion shall , to t h e
e x t e n t to which the said con t rac t or t ransac t ion is made void, be repaid.
31. (1) Subject to this section no proceedings a t
law or in equi ty shall be b r o u g h t aga ins t t he Board or any person ac t ing unde r i ts au thor i ty by any person c la iming to be ent i t led to any bill of sale,
mor tgage ,
m o r t g a g e , charge , lien, ( inc lud ing any l ien u n d e r t he L iens on Crops and Wool and Stock Mor tgages A c t of 1898, or t he Co-operat ion Ac t s , 1923-1929) , or o the r
e n c u m b r a n c e whatsoever of or upon or over a n y of t he
mi lk , or c l a iming to be t h e t r u e owner of t h e milk, as
aga ins t the d a i r y m a n who delivered t h e mi lk .
( 2 ) A n y person who b u t for th is section m i g h t
have b r o u g h t any such act ion m a y adop t t h e delivery of mi lk to the Board as a delivery thereof by h im to t h e Board, and m a y c la im accordingly for an account of t h e p a y m e n t s due in respect thereof, and recover t h e
a m o u n t due in any cour t of compe ten t jur isdic t ion as
a debt .
(3) 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 he Liens on
Crops a n d Wool and Stock Mor tgages Act of 1898, or any o ther Ac t , or any ru le of law to t h e cont ra ry , any such person shal l n o t be ent i t led to c la im as afore said for a n account of t he paymen t s due in respect of t h e mi lk , or any p a r t of such p a y m e n t s , unless h e
has given pr ior not ice in wr i t ing to t h e Board in t h e
form and con ta in ing t h e par t icu la rs prescr ibed of such bill of sale, mor tgage , cha rge , l ien, or o ther e n c u m brance , or c laim of ownership , and then only for such p a r t of such moneys as has no t been paid to o ther persons a t t he t ime of t he receipt by t h e Board of such not ice .
32„ (1) E v e r y d a i r y m a n supply ing mi lk for con
sumpt ion or use w i t h i n any mi lk d i s t r ibu t ing dis t r ic t t o wh ich th is A c t applies and wh ich is subjec t to any bill
of sale, m o r t g a g e , charge , l ien, or e n c u m b r a n c e referred to in section th i r ty -one of th i s Act , or in respect of wh ich he has entered in to a n y con t rac t in derogat ion of his t i t le to supply t h e mi lk as t he absolute owner thereof (and w h e t h e r such bill of sale, mor tgage , charge ,
l ien, or encumbrance , or con t rac t was m a d e before or
after t h e issue of a proc lamat ion u n d e r section t w e n t y -
six of th i s Ac t ) shall , w i t h i n one m o n t h af te r t h e
m a k i n g thereof, give to t he Board a not ice in wr i t i ng in t h e prescr ibed form of every such bil l of sale, m o r t g a g e ,
c h a r g e , l ien, or encumbrance , or cont rac t .
( 2 )
(2) A n y person wilfully gu i l ty of a fai lure to comply wi th t h e provisions of th is sect ion shall he gui l ty of an offence aga ins t this Ac t .
33. W h e r e t he Board in good fai th and wi thout
negl igence has made any p a y m e n t — (a) to a dairyman delivering or causing to he delivered a n y mi lk to the Board or any person
ac t ing unde r its a u t h o r i t y ; or (h) to any person entitled or claiming to he
ent i t led t h r o u g h such da i ryman ; or (c) to any person on the order of such dairyman
or las t -ment ioned person, t he Board shall not be answerable to any o ther person in respect of such paymen t for the milk or any par t
thereof, or in any action, suit , claim, or demand what
soever for damages or o therwise .34. (1) If prior to receiv ing notice of claim to any
paymen t or to t he chose in act ion or any p a r t thereof t he sub jec t -ma t t e r of a p a y m e n t t h e Board has in good faith and wi thou t negl igence adjusted and sett led wi th t he da i ryman or w i th any person who has m a d e a cla im in accordance wi th t he provisions of subsect ion two of section th i r ty -one of th i s A c t for t he money payab le the reunder , t he Board shal l n o t i n c u r a n y liabil i ty to t h e t rue owner of such chose in ac t ion or a n y p a r t thereof or to any pa r ty c la iming th rough , under , or in t r u s t for h i m : Provided t h a t t h e Board shal l no t be ent i t led to the pro tec t ion of this subsection in respect of any moneys r ema in ing in its hands a t the t i m e of receipt by i t of not ice of such claim or thereafter coming to its hands in respect of a chose in act ion t he
sub jec t -ma t t e r
of such a
claim.
( 2 ) This sect ion shal l no t in a n y Avay p re judice
or affect any r igh t s in ter se of any par t ies c la iming adversely to one ano ther to be ent i t led w h e t h e r a t law or in equ i ty to the chose in ac t ion t h e sub jec t -mat te r or
p a r t of t h e sub jec t -mat te r of any c la im for paymen t .
( 8 ) The Board m a y plead th is section in
absolute ba r of any proceeding (whe the r a t law or in equi ty ) by any da i ryman , transferee, or pa r ty aforesaid, in respect of such chose in action or anv p a r t thereof.
35,
35. N o act ion, c laim, or demand whatsoever shal l
lie, or be made or al lowed by or in favour of any person whomsoever aga ins t H i s Majes ty , or t he Min i s t e r or (save as in th is Act provided) t he Board or amy officer or person ac t ing in t he execu t ion of th i s A c t for or in respect of any damage or loss or in jury sus ta ined or alleged to be sus ta ined by reason of t he pass ing of this Act or t he issue of a p roc l ama t ion unde r th i s A c t or of
i ts operat ion, or of a n y t h i n g done or p u r p o r t i n g to be
done the reunder . 36. d a i r y m a n or
(1) No person shal l carry on business as a
mi lk vendor unless he is au thor i sed to do
so by a certificate of regis t ra t ion issued by the Board.
( 2 ) A certificate of reg is t ra t ion shall, unless
sooner suspended, cancelled, or sur rendered con t inue in force un t i l the thir ty-f irs t day of December of the year in which i t is issued.
(3) Appl ica t ion for"the renewal of a certificate of reg is t ra t ion shal l be made a t t h e prescr ibed t i m e before t h e date of the expiry of the c u r r e n t certificate, and a fresh certificate may be issued by t h e Board to t ake effect as from the da te of such expiry .
(4) The Board shall have t he powers ( inc lud ing any power exercisable with t he consent of t he Minis te r ) of a local au tho r i t y unde r t he Dair ies Supervision Ac t , 1901, as amended by subsequen t Acts , in respect of da i rymen , mi lk vendors , or o ther persons engaged, and of dairy premises and milk stores used in the supply , t r ea tmen t , deposit , s torage, d is t r ibut ion , or sale of mi lk
for consumpt ion
distr ict . or use wi th in any mi lk d i s t r ibu t ing
(5) W h e r e a cert if icate of reg is t ra t ion has been
issued by the Board unde r th is Ac t to any da i ryman or mi lk vendor, such regis t ra t ion shal l be a sufficient reg is t ra t ion for all t h e purposes of t h e Dair ies Super vision Act , 1901 , as so amended , and i t shal l no t be necessary for a local a u t h o r i t y to keep any regis ter
u n d e r t h a t Act , or for t h e Minis te r or t h e Director of
Da i ry ing or a local au tho r i t y to do any m a t t e r or t h i n g
u n d e r t h a t Ac t in respect of a n y such da i ryman or
mi lk
milk v e n d o r ; and sections seven and e igh t of t h a t Act shal l no t apply in respect of any such da i ryman or
| m i l k | vendor. |
(6) A certificate issued to a mi lk vendor m a y
| conta in provisions prohib i t ing such mi lk vendor | from |
t r ea t ing , deposit ing, s tor ing, d i s t r ibu t ing , or sell ing mi lk except at t he milk store or within the area or p a r t thereof specified in the certificate. A n y mi lk vendor who contravenes any such provision conta ined in the certificate of regis trat ion issued to h im shall be gui l ty of a n offence against this Act .
(7) A certificate may be issued and m a y be
| t ransfer red | in t he m a n n e r prescribed | by | t h e | by-laws |
u p o n payment of such fee (if any) as is prescribed.
37. (1) The Board m a y refuse to issue a certificate
of registrat ion to, or m a y cancel the certificate of any
person—
(a) if he has been convicted of two or more offences,
aga ins t t he Dair ies Supervis ion Act , 1901, t h e ! P u r e Pood Act, 1908, t he Me t ropo l i t an Mi lk Ac t , 1929, or th is Ac t or any regula t ions or by-laws made under any such A c t ; or
(b) if in the opinion of the Board he is not a fit
and proper person to hold such cer t i f ica te ; or (c) if in the opinion of the Board he has unsu i t ab le dairy premises, mi lk store, vehicle,
or e q u i p m e n t ; or (d) if in the opinion of the Board the business carr ied on or proposed to be carr ied on by
such person is an unnecessary agency.
(2) The Board may refuse to issue a certificate of regis t ra t ion , or may cancel or a l te r the certificate of any person by add ing the re to or exc lud ing therefrom any areas or pa r t s thereof, if such refusal, cancel la t ion, or a l t e ra t ion is necessary to t h e effective exercise of t h e powers conferred on t h e Board by th is Ac t .
(3) (a) Before exerc is ing the power of cancel
la t ion u n d e r subsection one of th is section upon any
of t he grounds specified in pa r ag raphs (a) and (b)
thereof
thereof the Board shall in t h e m a n n e r prescr ibed by the by- laws notify t h e person whose reg is t ra t ion i t is proposed to cancel of t he decision of the Board .
(b) The person so notified or a n y person
whose appl ica t ion for regis t ra t ion has been refused upon a n y of such g rounds m a y in t he m a n n e r a n d wi th in a .time prescribed by the by-laws appeal against t he decision of t h e Board to a cour t of pe t ty sessions holden before a
s t ipendiary or police mag i s t r a t e .
(c) T h e magis t r a t e shall inqu i re into t h e
c i rcumstances of t he case, inc lud ing , in regard to
refusal or cancel la t ion of a certificate u n d e r pa rag raph
(a) of subsect ion one of th is section, t h e n a t u r e of t h e offences for which the appe l lan t has been convicted, and shall decide upon the appeal .
The mag i s t r a t e ' s decision shal l be final and shal l be given effect to by the Board.
38. The Board may , wi th t he approval of t h e Governor , exercise any of t h e following powers, t h a t is
t o say—
(a) engage in t he collection, t r e a t m e n t a n d / o r
wholesale or retai l d is t r ibut ion of mi lk on i ts
own beha l f ;
(b) purchase , acqui re , lease, or r e n t t h e under
t a k i n g or por t ion of t he u n d e r t a k i n g of a n y
milk v e n d o r ;
(c) manufac tu re , d i s t r ibute , and sell mi lk p roduc ts
a n d i c e ;
(d) establish and conduc t cool s to res ;
(e) establish and conduc t mi lk stores and d i s t r ibu te
and sell mi lk , mi lk produc ts , ice, and o the r foodstuffs.
39. The Board sha l l— (a) ca r ry on research and inves t iga t ion re la t ing to
mi lk and mi lk p roduc ts ( inc lud ing chemical ,
physical , bacteriological , and economic research) ;
(b) devise a n d in i t ia te as far as m a y be prac t icable
improved me thods of p roduc ing , col lect ing, t r ea t ing , ca r ry ing , del iver ing, and d i s t r ibu t ing
mi lk ( inc luding the d is t r ibut ion of mi lk in sealed containers) ;
(c)
(c)
devise and in i t ia te as far as m a y be prac t icable means to p r e v e n t or e l iminate wasteful ,
unnecessary , or unhyg ien i c agencies , me thods ,
pract ices, costs, or charges in connect ion wi th
t he product ion , collection, t r e a t m e n t , carr iage , dis t r ibut ion, or sale of milk ;
(d) publish reports, information, and advice con cerning t h e produc t ion , collection, t r e a t m e n t , carr iage, delivery, keeping, s tor ing, preserva t ion, and use of mi lk , and by these and other means encourage the consumpt ion of mi lk ; (e)
repor t to t h e Min i s te r from t ime to t ime u p o n
m a t t e r s affecting t h e mi lk supp ly and recom
mend such a m e n d m e n t s of t he law as m a y to
i t seem adv i sab le ; (f) establish grades of milk, including a grade of mi lk sui table for t he use of infants , and a grade of raw mi lk produced on dai ry premises s i tua te wi th in or adjacent to any mi lk dis
t r i bu t ing distr ict to which th is A c t applies. 40. (1) The Board wi th the consent of t h e depart
| m e n t | or | o ther | a u t h o r i t y | concerned, | which | consent |
| such | d e p a r t m e n t | or other a u t h o r i t y | is hereby | author ised |
| to | give, m a y | author ise | a n y officer | of such | d e p a r t m e n t |
or of any munic ipa l i ty or shire or any m e m b e r of t he police force to ac t in i ts behalf, and persons so au thor ised shall w h e n so ac t ing be deemed officers of t he Board .
(2) The Board shal l pay to t he depa r tmen t s or
| author i t ies concerned such cont r ibu t ions towards t h e |
salaries a n d expenses of officers author ised to ac t on its
behalf, or towards t h e costs of services carr ied out on i ts behalf, as m a y be a r ranged or prescribed by the by- laws.
41. Eve ry person who—
(a) resists or obs t ruc t s any officer of t h e Board in
t h e course of his d u t y ; or
(b)
refuses to give information, or gives false informat ion in answer to any inqu i ry made by anv officer in t he course of his d u t y : or
(c)
(c)
refuses or neglects to comply with any order, not ice, prohibi t ion, or r equ i r emen t s of t he Board, or of an officer lawfully m a d e unde r th is A c t or the regula t ions or by- laws made
t h e r e u n d e r ; or (d)
being the holder of a certificate issued under pa rag raph (a) of section twenty-f ive, sells or d i s t r ibu tes or supplies for sale mi lk of a g rade
other t h a n t h a t which he is author ised in t h e
certificate to sell, d i s t r ibu te , or supply ; or (e)
sells or supplies milk to a person carrying on the business of a mi lk vendor who is not t h e holder of a certificate of reg is t ra t ion issued by
t h e B o a r d ; or (f) is guilty of an offence against this Act, or by
any ac t or omission is gu i l ty of any con t raven
t ion of th i s Ac t or of a n y notification m a d e
the reunde r or a n y regu la t ion or by- law for wh ich no specific pena l ty is provided,
shal l be l iable on s u m m a r y convict ion to a pena l ty n o t
exceeding t w e n t y pounds .
42. F o r the purpose of conduc t ing any publ ic i n q u i r y u n d e r this Ac t , t he Board or t h e person conduc t ing the inqu i ry shall have t he same powers and a u t h o r i t y to s u m m o n witnesses and receive evidence as
a re conferred upon a commissioner appointed u n d e r
Division 1 of P a r t I I of t h e Royal Commissions Ac t ,
1923, and the said Act , section t h i r t e e n and Division 2
of P a r t I I excepted shal l , m u t a t i s m u t a n d i s , apply to any witness s u m m o n e d by or appear ing before t h e
Boa rd or such person. P A R T
P A R T I V . FFNANCE D I V I S I O N 1 .—Funds .
43. (1) The Board shal l establish such funds a n d
accoun ts as are prescribed by regula t ion .
( 2 ) The Colonial Treasurer m a y advance such
m o n e y s to t h e Board or guaran tee such advances by a b a n k as t he Governor m a y approve, upon such t e rms
| and condi t ions as | to r e p a y m e n t | and | in te res t as m a y | be |
| agreed | upon . |
| (3) T h e regula t ions may prescr ibe special funds |
| for | the | p u r p o s e — |
(a) of providing compensation to dairymen in respect of an ima l s destroyed on account of tuberc le or o the r disease, wi th a view of keep ing t h e herds free from disease ; (b) of organising, subsidising, or otherwise encour
a g i n g educat ional and expe r imen ta l work fo r the
improvemen t of t h e mi lk supply ( including t h e me thods of product ion, t r ea tmen t , a n d distri bu t ion) or for effecting a n y o ther purpose which the Board m a v de te rmine to be in t he c o m m o n in te res t of the producers and con sumers of mi lk .
( 4 ) The re shal l be paid to t h e credi t of t he funds
of the Board all inonevs collected, received, or recovered by the Board in pu r suance of th i s Act , or any regula t ion
| or by-law. |
( 5 ) The funds of t he Board may be operated
| u p o n by t h e Board for t h e purposes of | this A c t in | t h e |
| m a n n e r | prescr ibed | by | t h e | regula t ions . |
44. Al l costs a n d expenses incur red in t h e adminis
t r a t i on of th is Act , i nc lud ing the salaries, fees, a l lowances, a n d t rave l l ing expenses of m e m b e r s of t h e Board , t h e salaries, wages , a n d r emune ra t i on of officers and casual employees of t he Board, shall be paid out of the funds of t h e Board.
s 45.
45. B o a r d —
(1)
W h e r e u n d e r t he provisions of th is
A c t
t h e
(a) makes any regis t ra t ion, or (b) issues a certificate, or
[a) furnishes any informat ion, or
(d) gives any permission, ca
fe) receives a n y appl icat ion for i ts approval , or(f) performs any service,
t he fee or cha rge therefor m a v be fixed by the by- laws.
(2) I n any such by- law provision m a y be made
r equ i r i ng a deposit or p r e p a y m e n t in respect of such charge or fee.
(3) Different fees and charges m a y be fixed in respect of different da i rymen or m i l k vendors or of different dairy premises or mi lk stores or of different areas or distr icts or pa r t s thereof.
DIVISION 2.—Loans.
46. accordance wi th t he provisions of th i s Division.
(1) The Board m a y borrow money only in
(2) The Board m a y wi th t h e approval of t h e Governor borrow money for—
(a) t h e purpose of ca r ry ing ou t and per forming any of its powers, dut ies , and funct ions ;
(b) t h e reneAval of loans ; and
(c) t h e discharge or par t ia l discharge of any indebtedness to t h e Colonial Treasurer or to
any b a n k . (3) The Board shal l no t borrow money in excess
of a n a m o u n t which will b r i n g t h e to ta l a m o u n t of i ts indebtedness to more t h a n five h u n d r e d thousand
The certificate of t h e Aud i to r -Gene ra l as to t h e total pounds . indebtedness of t he Board a t a n y t ime shal l , i n favour of a lender , be conclusive evidence t h a t t h e indebtedness s ta ted in t he certificate is t he to ta l indebtedness of t h e
Board a t t h e da te the re in specified.
47. (1) The Board m a y borrow by way of overdraf t
f rom
a n y
b a n k . (2) The a m o u n t which the Board m a y
borrow
u n d e r th i s section shall n o t exceed the a m o u n t specified by the Governor from t ime to t ime .
(1) Loans raised by the Board shal l be secured—
(a) firstly upon the property (if any) expressly
c h a r g e d ; and (1)) secondly upon the proper ty and income of t he
Board.
( 2 ) This section shall no t affect t h e order of
pr ior i ty of loans or prejudice or affect t h e power of the Board to sell or convey any proper ty vested in it free of a n y charge imposed by this section.
(3) F o r t he purpose of securi ty for loans raised u n d e r th i s Act , t he approval of the Governor shall be conclusive evidence t h a t the provisions of th is Act wi th respect, to t he loan have been duly complied with.
(1) There shall be a reserve for loan r epaymen t s
in respect to any renewal or o ther loan or any par t
thereof raised by the Board .
(2) The Board shall d u r i n g each year t ransfer to
the reserve for loan r e p a y m e n t a sum not less t h a n t h e Board in i ts appl icat ion for approval of the loan
| in t ima ted t ha t i t proposed to set apa r t as | aforesaid. |
(3) W h e r e any land or p roper ty of any k ind which has been provided out of loan moneys is sold before t he loan has been wholly repaid, t h e net proceeds of t h e sale shall be added to the reserve for loan repay m e n t in respect of tha t loan or paid direct ly to t he lender or used for the provision or purchase of o ther
| l and or | proper ty . |
| (4) Moneys held as reserve for loan r epaymen t |
| m a y | be | invested | in | Gove rnmen t | securit ies | of | t h e |
Commonwea l th of Austra l ia , or in such o ther securi t ies as t h e Governor may approve or as may be prescr ibed
| by | t h e | regula t ions . |
A n y interests or profits realised on such inves tments shal l be added to and form pa r t of t h e reserve for loan r epaymen t s .
| Al l moneys paid in to | the | reserve for loan | r e p a y m e n t |
may be appl ied in or towards r e p a y m e n t of a n y renewal loan raised, b u t except where otherwise provided, m a y n o t be applied for any o ther purpose .
(5)
( 5 ) If, after a loan has been repaid, t h e r e
r ema ins in t he reserve for loan r e p a y m e n t in respect of
t h a t loan any ba lance , such ba lance m a y be t ransfer red
to t h e c u r r e n t accoun t of t h e Board.
(6) T h e reserve for loan r e p a y m e n t shal l no t be
subjec t to seizure in satisfaction of a n y deb t o the r t h a n for t h e loan in respect of which t h e reserve is provided.
50. (1) F o r secur ing r e p a y m e n t of t he pr inc ipa l a n d in te res t on any moneys borrowed, t h e Board m a y issue d e b e n t u r e s or inscr ibed stock in t h e m a n n e r prescr ibed
by t h e regula t ions .
(2) Every such d e b e n t u r e a n d every coupon
or iginal ly annexed to t h e deben tu re and w h e t h e r
separa ted the re f rom or no t shal l be t ransfe rab le by
s imple del ivery.
(3) Insc r ibed stock shal l ba t ransferable in t h ebooks of t he Board in accordance wi th t h e regula t ions .
(4) The holder of a coupon original ly a n n e x e d
to a deben tu re a n d w h e t h e r separated there f rom or no t ,
shall be ent i t led to receive p a y m e n t from the Board of
t h e in teres t ment ioned in t h e coupon u p o n t h e presen
ta t ion of t h e same on or after t h e da te w h e n and a t t h e place where t he in teres t is payable .
51. Deben tu re s and inscribed stock of t h e Board m a y be purchased by the Board o u t of moneys he ld as a reserve for t he r e p a y m e n t of t h e loan for wh ich t hey were issued a t or below the i r face va lue .
A n y deben tu re or inscr ibed stock so pu rchased shal l be cancelled.
52. (1) A n y t rus tee , unless expressly forbidden by
t h e i n s t r u m e n t (if any) c rea t ing t h e t rus t , m a y inves t any t r u s t moneys in his hands in s tock inscr ibed by
t h e Board, and t h e inves tmen t shal l be deemed to be a n
i n v e s t m e n t au thor i sed b y t h e Trus tee Ac t , 1925, or a n y
A c t rep lac ing t h e said Ac t .
(2) A n y deben tu re issued or stock inscr ibed
by t h e Board shal l be a lawful i nves tmen t for a n y moneys which any company , counci l , or body corpora te incorpora ted by any A c t of t h e P a r l i a m e n t of N e w
S o u t h W a l e s is au thor i sed or directed to inves t in
addi t ion to any o the r i nves tmen t expressly provided for t h e i nves tmen t of such moneys . (3)
(3) N o not ice of any t rus t expressed, implied, or cons t ruc t ive shall he received by the Board or by any officer of t he some in re la t ion to a n y deben tu re or coupon issued or stock inscr ibed by the Board ,
53. (1) If a n y deben tu re issued by the Board is
lost or destroyed or defaced before t he same has been paid, t he Board may , subject to the provisions of this.
| section, | issue a n e w debe n tu r e in l ieu thereof. | |||||
|
annexed shall bear t he same date , n u m b e r , principal sum, and ra t e of in te res t as t he lost, destroyed, or
| defaced | deben ture . | |
| ||
| t h e new deben tu re shall not lie issued unless | and | |
| u n t i l — |
(a)
a judge of the Supreme Court has been satisfied by affidavit of t h e person ent i t led to t h e lost or destroyed debenture , or of some person approved by the j u d g e , t h a t the same has been lost or destroyed before i t has been paid off ;
(b) such has been publ i shed ;
adver t i sement
as t h e j u d g e
m a y
direct
c)
six m o n t h s have elapsed since the publ ica t ion of the last of t he adver t i sements ; and
(d) sufficient security has been given to the Board
to indemnify i t aga ins t any double p a y m e n t
if t h e miss ing de ben t u r e be a t any t ime there
after presented for p a y m e n t .
(4) W h e n t h e deben tu re is defaced the new
| debe n tu r e | shall | no t | be issued unless and un t i l | the |
| defaced | deben tu re | is | lodged | w i t h | t he | Board | for |
cancel la t ion .
( 5 ) The provisions of th i s section shall , m u t a t i s
mu tand i s , ex tend to t h e case of a lost, destroyed, or
defaced coupon.
54. (1) I f for six m o n t h s defaul t is m a d e by t h e
Board in m a k i n g a n y p a y m e n t , w h e t h e r of pr inc ipal or in teres t , to t he holder of any bond, deben tu re , or coupon issued or s tock inscribed by the Board, t h e holder thereof m a y apply to t he Sup reme Cour t in i ts equi table
jur isdic t ion,
jur isdic t ion , in accordance wi th rules of cour t , for
t he appo in tmen t of a receiver and m a n a g e r of t h e income and p rope r ty of t he Board.
(2) A receiver and m a n a g e r m a y he appoin ted
in respect of the income a n d proper ty of t h e Board e i ther genera l ly or as regards speciiied income or p roper ty .
(3) T h e cour t m a y m a k e such orders and give
such direct ions as i t may deem proper for and wi th
respect t o —
(a) t h e a p p o i n t m e n t of a receiver and m a n a g e r ;
(b) t he removal of a receiver and m a n a g e r ; (c) t h e a p p o i n t m e n t of a receiver a n d m a n a g e r in place of a receiver and m a n a g e r previously appoin ted . ( 4 ) The receiver and manage r shal l he deemed
to he an officer of t he cour t , and shal l ac t unde r i ts directions.
55. (1) A receiver and m a n a g e r shal l have power to
collect all income, and in pa r t i cu la r all dues, fees, a n d charges payable to t h e Board , and for t h e purpose of th is subsect ion shal l be deemed to be the Board, and
m a y exercise all t h e powers of t h e Board .
( 2 ) The receiver and m a n a g e r shal l d ischarge
such duties of t he Board and of any officer of t h e Board as m a y b e prescribed by t h e regu la t ions , or as t he cour t directs .
56. such commission or
The receiver and
m a n a g e r
shall be en t i t l ed
to
r e m u n e r a t i o n for his services as t he
cour t m a y order, and the commission or r emune ra t i on shal l be payable ou t of t he p roper ty or income for a n d in respect of which he has been appointed receiver a n d m a n a g e r .
57. order of t he cour t , pay and app ly al l m o n e y s
The receiver and manager shal l , subjec t to any
received
by h im in t h e fol lowing order, t h a t is to say—
(a)
firstly, in payment of the costs, charges, and expenses of collect ion, and of his commission
or r e m u n e r a t i o n ;
(b)
(b)
secondly, in t he p a y m e n t of t he a m o u n t due and payable to t he bolder of t he deben tu re or inscribed stock or coupon, as t he case may b e ;
(c) th i rd ly , in p a y m e n t of all t h e residue of t he moneys to t he Board.
58. I f default is m a d e by t h e Board in t he repay
m e n t of any s u m d u e to the Colonial Treasurer or to any b a n k or in t h e p a y m e n t of any s u m agains t t he p a y m e n t of which the Board is requi red by th is Act to indemnify a n y person or body, t he Colonial Treasurer , bank , person, or body, m a y apply to the Supreme Cour t in its equi table jur i sd ic t ion for t h e a p p o i n t m e n t of a receiver and manage r of t h e income and proper ty of t h e Board, a n d t h e provisions of t h e last four preceding sections shal l ex tend, m u t a t i s mutand i s , to such receiver and manager .
59. (1) A person advanc ing money to the Board
shal l no t be bound to enqu i r e in to t he applicat ion of t h e money advanced, or be in any way responsible for
| t h e | non-appl ica t ion | or misappl ica t ion | thereof. |
( 2 ) A notification in t h e Gazet te of t h e
approva l of t he Governor h a v i n g been given to a bor rowing by the Board shall , in favour of a lender and of a n y holder of a securi ty given by the Board, be con clusive evidence t h a t all condi t ions p receden t to t he bor rowing have been complied wi th , and t h a t the pre scribed l imi t s of bor rowing have n o t been exceeded.
60. If t h e Board borrows any money wi thou t
h a v i n g first obtained the approval of t h e Governor, every m e m b e r of t he Board hold ing office who has knowing ly and wilfully, or for any personal benefit or advan tage , consented to t he borrowing, shall be liable to a pena l ty of five hund red pounds and shall be dis qualified from ho ld ing office.
| A n action to recover the pena l ty shall no t be t aken w i t h o u t | t he | wr i t t en | consent | of | t h e | A t to rney -Gene ra l |
| first | ob ta ined . |
DIVISION
DIVISION 3.—Accounts and audit.
61 . The Board shal l cause to be kep t proper books
of account , a n d shall , as soon as pract icable after t h e
th i r t i e th day of J u n e in each year p repa re and t r ansmi t t o t h e Min i s t e r for p resen ta t ion to P a r l i a m e n t s ta te m e n t s of accounts in a form approved by the Audi to r - Genera l , exh ib i t i ng a t r u e a n d correct view of t h e
financial posit ion and t ransact ions of t he Board .
62. (1) The Board shal l p r epa re an a n n u a l r epor t
of i ts operat ions a n d such s t a t emen t s of account as a re
prescribed by regula t ions . T h e r epo r t and s t a t emen t s
shal l be laid before b o t h Houses of P a r l i a m e n t . (2) The accounts of t h e Board shal l be aud i ted
b y t h e Audi to r -Genera l , who shal l have , in respect
thereof, all t he powers conferred on t h e Aud i to r -Genera l b y a n y law now or hereaf ter to be in force r e l a t i ng to
t h e aud i t of publ ic a c c o u n t s ; and t h e A u d i t Ac t , 1902, a n d A c t s Board and its officers in t h e same m a n n e r as i t
a m e n d i n g
t h e
same,
shal l
app ly
to
t he
appl ies
to accoun t ing officers of pub l i c depa r tmen t s .
(3) The Audi tor -Genera l shal l repor t to the Board
a n d t h e Min i s t e r—
(a) whe the r or not in his opinion—
(i) due di l igence and c a r e have b e e n s h o w n
in t h e col lect ion and b a n k i n g of income ;
and (ii) t he expend i tu re incur red
has been du ly
au thor i sed , vouched, and supervised ; a n d
(iii) any of the moneys or other property of
t h e B o a n l have been misappropr ia ted or
improper ly or i r r egu la r ly deal t w i t h ; a n d
(b) as to a n y o ther m a t t e r s w h i c h in his j u d g m e n t
call for special not ice or w h i c h are prescr ibed
by t h e r egu la t i ons .
(1) Towards def ray ing t h e costs a n d expenses
of such aud i t t he Board shal l p a y to t h e Consolidated
R e v e n u e B u n d such sums a t such periods as t h e Colonial Treasure r m a y decide.
63. Regu la t i ons m a y be made for ca r ry ing th is
Divis ion in to effect, and in pa r t i cu la r for a n d wi th
respec t t o — (a)
the books of account and the entering of accounts the re in ;
(b)
t h e collection and b a n k i n g of m o n e y s ; (c) t h e classification of ledger accounts ;
(d) t he cha rg ing of expend i tu re against , a n d the
definition of income, ne t income, and c a p i t a l ;
(e) t h e d is t r ibut ion of ra tes , dues, charges ,
earn ings , and receipts , to income and c a p i t a l ;
(f) t h e c h a r g i n g of deprecia t ion ;
(g) the correction of the accounts and of omissions the re f rom; (h)
the form, prepara t ion, en ter ing , and furn ish ing to the Minis te r of s t a t emen t s of accounts ;
(i) t h e pub l ica t ion of s t a t ements of a c c o u n t s ;
(j)
r equ i r i ng the Board to furnish to t h e Min i s te r
informat ion as to t h e act ion t a k e n to deal w i t h
m a t t e r s repor ted by the A u d i t o r - G e n e r a l .
P A R T V.
ACQUISITION OF PROPERTY.
DIVISION 1.—Acquisi t ion of land.
64. T h e Board m a y acqu i re l and for any purpose of th is A c t by lease, purchase , appropr ia t ion or r e sump t ion in accordance wi th th i s Division.
65. The acquis i t ion of land by the Board by lease
for a t e r m exceeding two years shal l no t have effect
un less and un t i l approved by the Governor . 66. The acquis i t ion of land by the Board by purchase
for any s u m exceeding five hund red pounds shal l not have effect unless and u n t i l approved by the Governor .
67. ( 1 ) W h e r e t he Board proposes to acqui re land
by appropr ia t ion or r e sumpt ion i t shall apply to t he
Governor t h r o u g h t h e Minis ter . (2)
(2) The Board shall m a k e provision to t h e
satisfaction of t h e Governor for t h e p a y m e n t of com pensa t ion for the land toge ther wi th in teres t and all necessary charges inc identa l to the appropr ia t ion or r e sumpt ion .
(3) The Governor m a y au thor i se t he appropr ia
t ion or r e sumpt ion of t he land .
(4) Thereupon t h e Min i s te r for P u b l i c W o r k s
m a y -
fa) app ropr i a t e or r esume the l and by Gazet te notification unde r Division 1 of P a r t V of the
Pub l i c W o r k s Act , 1912 ; and
(b) notify that the land is vested in the Board. (5) The reupon the l and shal l vest in the Board.
(0) F o r t he purposes of t h e P u b l i c W o r k s Ac t ,
1912, such appropr ia t ion or r e sumpt ion shall be deemedto be for t he purpose of ca r ry ing ou t an author ised
work wi th in t h e m e a n i n g of t h a t Ac t .
(7) The Min i s te r for P u b l i c W o r k s shal l u p o n
the r e sumpt ion fo r thwi th give to t he Beg i s t r a r -Gene ra l
t he notice thereof prescr ibed u n d e r t h e Convevanc ing
Act , 1919-1930 . DIVISION 2.—Acquisition of undertakings.
68. I n th is Division " u n d e r t a k i n g " means the business of a person engaged in t h e collection, t rea t men t , s torage, d is t r ibut ion, or sale of mi lk , and includes
any land, vehicles, mach ine ry , equ ipmen t , and p l a n t
ma in ly used in connect ion wi th such business , and
" owner " in relat ion to an u n d e r t a k i n g m e a n s t he person ca r ry ing on such business.
69. (1) If t h e Board de termines t h a t a n unde r
t a k i n g or pa r t of a n u n d e r t a k i n g should, in t h e pub l i c
in teres t , be t a k e n over by t h e Board, it m a y app ly to
t h e Governor t h r o u g h the Minis ter . (2) The Board shal l m a k e provision to t he satis
faction of t h e Governor for p a y m e n t of compensa t ion ,in terest , a n d all necessary costs and charges inc identa l
to t he t a k i n g over of t h e u n d e r t a k i n g or pa r t thereof.
(3)
(3) The Governor m a y author ise t he Board
to t ake over
t he (4) The Board may notify the owner of the
u n d e r t a k i n g
or pa r t
thereof.
u n d e r t a k i n g t h a t as from a date to he specified in t he
not ice , no t less t h a n one m o n t h after the service of t h e not ice , t he u n d e r t a k i n g shal l he t aken over by t h e Board , and the reupon the following provisions shal l
have ef fec t :—
(a)
such owner may, by notice in or to the effect of t h e prescribed form, requ i re t he Board to purchase t he vehicles, machinery , equ ipmen t , and p lant , and his es ta te or in te res t in any land main ly used by h im in connect ion wi th t he business or the p a r t thereof to be so t aken o v e r ;
(b)
a n y such vehicles, mach ine ry , equ ipmen t , a n d p l an t shall be purchased a t a price which shal l no t exceed the t h e n rep lacement value of s imilar vehicles, mach ine ry , equ ipmen t , or
p lan t , h a v i n g regard to their age and condi t ion
a t t he t ime of the i r be ing actual ly handed over to t h e Board, toge ther w i th a s u m equal
to (c) any land shall be paid for a t t h e t hen
ten
value of the es ta te or in te res t of such owner
the re in ;per
c e n t u m of such v a l u e ;
m a r k e t
(d) the Board may at any time after the expiry of seven days from the receipt of a not ice r equ i r i ng t he Board to purchase , and shall n o t
la te r t h a n one m o n t h from the receipt of t he
not ice, t ake possession of t h e vehicles, machinery , equ ipmen t , and p lan t , a n d t h e land of such owner on a date notified to such owner and t h e day of such t a k i n g possession shall be t h e da te as a t which t h e values shall be ascer ta ined ;
(e) such owner shal l satisfy t h e Board t h a t his t i t le to the land is a good marke t ab l e t i t le , and shal l obta in the concurrence in t h e assurance thereof to the Board of any mor tgagee thereof
and
a n d of a n y person en t i t l ed to any in teres t in t he vehicles , mach inery , equ ipmen t , and p l a n t purchased .
70. r equ i r i ng
(1) U p o n receipt of a not ice f rom an owner
the Board to purchase his u n d e r t a k i n g or
p a r t thereof, the Board shal l fo r thwi th cause a va lua t ion to be made of the land, mach inery , equ ipmen t , and p l an t involved.
(2) The Board m a y wi th t h e approval of t h e
Min i s t e r in cha rge of t h e d e p a r t m e n t concerned m a k e
use of t h e services of any of t he officers of the Pub l i c
Service for t h e purpose of m a k i n g the va lua t ion . (3) F o r t he purpose of va lua t ion t h e owner of a n y such u n d e r t a k i n g s h a l l p e r m i t any person author ised by the Board so to do to en te r h is premises a t a n y reasonable t ime , a n d to m a k e full inspect ion of land, vehicles, mach ine ry , equ ipmen t , and p lant used in
connect ion wi th t h e business .
(4) I n va lu ing any such u n d e r t a k i n g for t h e
purposes of th i s section t h a t p a r t of t h e va lue of t h e
u n d e r t a k i n g a t t r i bu tab le direct ly or indi rect ly to t h i s
A c t shal l no t be t a k e n in to account .
(5) N o compensa t ion shal l be payab le in respect
of goodwill .
(6) The Board shal l de t e rmine t h e a m o u n t to
be paid, and notify t h e owner in t h e m a n n e r prescr ibed
by t h e regu la t ions . 71.
(1) I f such owner is aggr ieved b y the de te rmina
t ion of t h e Board , h e m a y appea l the re f rom in
accordance wi th ru les of cour t of t h e L a n d and V a l u a
t ion Cour t , a n d ju r i sd ic t ion is hei 'eby conferred on t h e
L a n d a n d Va lua t ion Cour t to h e a r a n d de te rmine a n y
such appea l .
(2) P e n d i n g such appeal t h e p roper ty shal l be
handed over to t he Board .
72. The a m o u n t payab le u n d e r t h e provisions of
th i s Division upon t h e t a k i n g over of a n u n d e r t a k i n g shal l
ca r ry in te res t a t t h e r a t e of four pounds pe r c e n t u m per
a n n u m as from t h e da te upon w h i c h t h e Board takes
possession of t he land , vehicles , mach inery , e q u i p m e n t ,
a n d p l a n t un t i l t h e da te of p a v m e n t .
73. U n t i l t he date notified by t h e Board as t h e da te
a t wh ich the land, vehicles , mach inery , equ ipmen t , and p l an t a re to be t aken possession of by t he Board t he owner of t h e u n d e r t a k i n g shal l con t inue to ca r ry on
| t h e business | in a m a n n e r | equal ly as sat isfactory as i t |
was carried on before t he not ice p u r s u a n t to sect ion s ix ty-n ine of this Ac t was given by t h e Board, and if, in t h e opinion of the Board , t h e business is no t so carried on t h e Board m a y give not ice to t h e owner specifying the pa r t i cu la r ma t t e r s which are unsat is factory, and requ i r ing t he owner to remedy t h e same wi th in a t ime specified in t h e not ice, and in defaul t of compl iance wi th such
| not ice t he Board may , a t i ts | op t ion— |
(a) rescind the notice given p u r s u a n t to section
s ix ty -n ine of this A c t and t h e r e u p o n t h e obl igat ion of t h e Board to purchase t h e u n d e r t a k i n g of such owner or to pay a n y
a m o u n t in connect ion the rewi th shall be
t e r m i n a t e d as f rom t h e da te of t he not ice of rescission ; or
(b) requ i re t h a t compensa t ion be al lowed the Board for a n y loss a r i s ing out of the fai lure of t he owner to carry on t h e business in a satisfactory m a n n e r or to comply wi th t h e
r equ i r emen t s of any not ice of defaul t g iven by
t h e Board.
74. N o t h i n g in th is Division shal l p rec lude t he
Board from t h e p u r c h a s e of any u n d e r t a k i n g , b u t no such pu rchase shall be made unless t he terms of section seventy are compl ied wi th and in no ins tance shall
| t h e purchase pr ice exceed the ra tes laid down in section s ix ty-n ine . | P A R T |
P A R T V I . REGULATIONS AND BY-LAWS.
75. The Governor m a y m a k e regula t ions no t
inconsis tent w i th th i s Ac t prescr ib ing all m a t t e r s which by th i s Ac t are requi red or pe rmi t t ed to be prescribed or which are necessary or convenient to be prescribed b y regu la t ion for g iv ing effect t o th i s Ac t , a n d in
par t i cu la r and w i t h o u t l imi t ing t h e genera l i ty of t h e
foregoing power, m a y m a k e regula t ions in re la t ion t o —
(a) the funds to be established and the accounts to be k e p t by t h e Board ; (b)
the n a t u r e and ex t en t of compensa t ion payable
u n d e r th is A c t to d a i r y m e n ; (c)
t he t rave l l ing expenses of t h e m e m b e r s of t he Board .
76. (1) The Board may , wi th t he approva l of t h e
Governor , m a k e by- laws not inconsis tent wi th th i s A c t —
(a)
prescribing grades for milk which may he suppl ied for sale or sold, inc lud ing t h e pre scr ib ing of different grades for different
classes of m i l k ; (b) prescribing methods to be followed in the
produc t ion , collection, t r e a t m e n t , car r iage ,
deposit , s torage, d is t r ibut ion, and sale of m i l k ; (c)
prescr ibing the m a x i m u m t e m p e r a t u r e s a t wh ich mi lk is to be k e p t a t any and every s tage from its p roduc t ion to i ts del ivery to a
pu rchase r for c o n s u m p t i o n ;
(d) requiring milk of any prescribed grade to be
sold in prescribed containers labelled as prescribed ; (e) prescribing methods of dealing with milk which
does not comply wi th t he r equ i r emen t s of t he A c t or of the Board ; (f)
prescr ib ing me thods of c leansing and steri l is ing cans , vessels, u tens i ls , appl iances, and equip
m e n t used in connect ion wi th t he p roduc t ion ,
deposit , s torage, collection, t r ea tmen t , car r iage ,
d i s t r ibu t ion , supply or sale of m i l k ;
(g)
(g) prescr ibing the par t icu lars of the i r herds to be
k e p t by da i rymen ;
(h) prescribing the books and records to be kept
by persons engaged in t h e t r ea tmen t , carr iage , deposit, s torage, d is t r ibut ion, or sale of mi lk ;
(i) providing for the inspection of dairy premises and milk stores ;
(j)
defining the duties and powers of officers and employees of t he Board ;
(k) providing for t he fixing, collection, and recovery of fees, dues, and charges , and provid ing for t he fixing of different fees, dues, a n d charges , or different me thods of collection in respect, of different da i rymen or mi lk vendors , or of different distr icts or sub-distr icts or pa r t s
thereof, inc lud ing the collection and recovery
of such fees, dues, a n d charges from moneys held by the Board or any person to t he credit of any person liable in respect of any fees, dues, or charges ;
(1) prescr ib ing forms for use unde r th is A c t ;
(m) prescribing the methods of giving or serving
not ices , orders, demands , or r equ i rement s by t h e Board or any officer;
(n)
prescribing periods of time in respect of which computa t ion of or account ing for t he ne t proceeds may be m a d e ;
(o) prescr ib ing all m a t t e r s which by this A c t are
requi red or pe rmi t t ed to be prescribed by
by- laws.
A l l by- laws m a d e for t h e purposes set ou t in para
g raphs (a), (b), (c), (d) , or (f) of this subsect ion shall before publ ica t ion be approved of by t he Board of H e a l t h .
( 2 ) Different by-laws m a y be made and appl ied
| to different | dis tr icts or sub-dis t r ic ts or pa r t s | thereof. |
77. (1) A n y regula t ion or by-law so m a d e may
impose a pena l ty no t exceeding twen ty pounds for any b reach thereof or, where t h e b reach is a con t inu ing one, no t exceeding two pounds for every clay d u r i n g which the breach cont inues .
( 2 )
( 2 ) A by-law m a y —
(a) provide t h a t in addi t ion to a pena l ty any expense incu r red by the Board in consequence of a b reach of t h e by- law shal l be paid by the
person c o m m i t t i n g such b r e a c h ;
(b) provide for t h e p a y m e n t of reasonable fees, i nc lud ing fees for inspect ions and for services
rendered by the Board.
(3) A n y regula t ions or by- laws so m a d e sha l l—
(a) be publ i shed in t h e G a z e t t e ;
(b) take effect from the date of publication or from
a l a te r date to be specified in such regula t ions
or b y - l a w s ; and
(c) be laid before bo th Houses of P a r l i a m e n t
w i th in fourteen s i t t ing days af ter 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
wi th in four teen s i t t ing days after t h e com-
m e n c e m e n t of the nex 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 which not ice has been given wi th in fifteen s i t t ing days af ter 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, t he r eupon cease to have effect.
such
regula t ion ,
by- law,
or p a r t
shal l
P A R T V I I . SUPPLEMENTAL.
78. The Board m a y insure any proper ty vested in
i t , or any p rope r ty of which it has en te red in to possession p u r s u a n t to section s ix ty-n ine of th i s Ac t , a n d for t he purpose of a n y such in su rance shall be deemed to have a n insurab le in te res t in t h e proper ty . A n y such
insurance shall be effected w i t h t h e G o v e r n m e n t I n s u r ance Office of New South "Wales.
79. The Board m a y in any agreement , au thor i ty , l icense, or certificate, inser t condit ions a n d fix a s u m as and by way of l iquidated damages for any b reach of condi t ions w h i c h damages shall be recoverable accordingly .
80. (1) A n y informat ion, compla in t , or o ther lega l proceeding under th i s A c t may be t a k e n in t h e n a m e of t h e Mi lk Board by the secre tary or by a n y other officer
au thor ised b y the Board in t ha t behalf e i ther general ly
or in any pa r t i cu la r case. (2) I n any proceedings t h e produc t ion of a notification in t h e Gaze t te t h a t any person has been so author ised shall be conclusive evidence of t he au tho r i t y and evidence t h a t his au tho r i t y to ac t remains in force.
(3) The secretary or o the r officer shal l , ou t of t he funds of t he Board , be re imbursed al l damages , costs, charges , and expenses to wh ich he is p u t or wi th which he becomes chargeable by reason of a n y t h i n g con ta ined in subsect ion one of t h i s section.
81. A wri t or o ther process shall no t be sued out or
served upon the Board, or any m e m b e r thereof, or any officer of t he Board, or any person ac t ing in 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 u n d e r the provisions of th i s Act , un t i l t h e exp i ra t ion of one m o n t h after notice in wr i t i ng has been served on the Board or such member , officer, or person, clearly s t a t ing t he cause of act ion and the n a m e and place of abode of t h e in tended plaintiff, a n d of his solicitor or agen t in t he case, and on t r ia l of a n y such ac t ion t he plaintiff shal l no t be pe rmi t t ed to go in to evidence of any cause of ac t ion t h a t is no t s ta ted in t h e not ice served ; and unless such notice is served a verdic t shall be found for t h e defendant .
82. The Superannua t ion Act , 191(5-1930, is amended
by inser t ing in Schedule I I I t h e words :—
The M i l k Board in respect of any officer or
Ac t , 1931 , who is a con t r ibu tor to t he fund or is employee t ransferred to i t in pursuance of t he Milk
ent i t led to benefits unde r th i s Act :
Provided tha t t he cost of t he employers ' cont r i
bu t ion which is in excess of the ra te for a ^ e c o n t r i - bu t ion shall be a charge upon t h e Consolidated
B e venue F u n d . S C H E D U L E
S C H E D U L E .
FIRST PART—PKODUCIXC DISTRICTS.
Producing District for the Metropolitan Milk Distributing District.
N o r t h : Munic ipa l i t i e s :—
Sou th Munic ipa l i t i e s :—
Coas t :
Cessnock I l l awar ra Cent ra l Gre ta I l l awar ra N o r t h Mai t l and E a s t Shel lharbour M a i t l a n d Wes t Wollongong Single ton Ber ry R a y m o n d Te r race
Brough ton Vale Morpeth Ger r ingong Dungog . Jamberoo
Muswellbrook K i a m a
Shi re s :— Bolwar ra
N o w r a
Shoalhaven South . Kears ley
E r i n a Shires :— L a k e Macqua r i e B u l l : P a t r i c k P l a i n s Cambewarra P o r t S tephens Clvde. T a r r o Wallarobba.
Muswellbrook Met ropo l i t an : Mun ic ipa l i t i e s :—
South Mun ic ipa l i t i e s :—
and
W e s t :
Alexandr ia
A n n a n d a l e
Bowra l Ashfield Gou lburn A u b u r n M i t t a g o n g B a l m a i n Moss Vale Banks town Camden Bexley P i c t o n B o t a n y Campbel l town Burwood Windsor
Cabrama t t a and Canley
R i c h m o n d Vale
Cast lereagh Can te rbury P e n r i t h Concord
St . Mary ' s . D r u m m o y n e
D u n d a s
S h i r e s : — Eastwood JSTattai Enfield
Wingecar r ibee . E r m i n g t o n and Ryda lmere Wollondi l ly Eairfield
B a u l k h a m Hi l l s Granvi l le Blacktown Hol royd N e p e a n Homebush
B l u e M o u n t a i n s H u n t e r ' s H i l l Colo. Hur s tv i l l e
S C H E D U L E
SCHEDULE—continued.
FIRST PART—PRODUCING DISTRICTS—continued.
Producing District for the Metropolitan Milk Distributing District—
continued.
Metropol i tan—cont inued. Metropol i tan—cont inued. Municipal i t ies—cont inued. Municipal i t ies—cont inued. I n g l e b u r n Rockdale K o g a r a h R y d e Ku- r ing-ga i
St . Pe t e r s
L a n e Cove Strathfield
Le ichhard t Vauc luse Lidcombe Water loo Liverpool Waver ley Man ly Wil loughby Marr ickvi l le Woollahra . Mascot Mosman S h i r e s : —
N o r t h Sydney Hornsby
P a r r a m a t t a Su the r l and Randwick W a r r i n g a h . SECOND PART—DISTRIBUTING DISTRICTS.
Metropolitan Milk Distributing District.
Munic ipa l i t i e s :—
Sydney, Alexandr ia , Annanda le , Ashfield, Auburn , Balmain ,
Banks town, Bexley, Botany , Bunvood, C a b r a m a t t a and Canley
Vale , Cante rbury , Concord, Dar l ing ton , D r u m m o y n e , Dundas ,
Eastwood, Enfield, E r m i n g t o n and Eyda lmere , Erskinevi l le , Fa i r -
field, Glebe, Granvil le , Holroyd, Homebush , H u n t e r ' s Hi l l , Hurs tv i l l c , Ing leburn , Kogarah , Ku- r ing-ga i , L a n e Cove, Leich hard t , Lidcombe, Liverpool, Manly, Marr ickvi l le , Mascot, Mos m a n , Newtown, N o r t h Sydney, Padd ing ton , P a r r a m a t t a , Pe te r
sham, Randwick , Rcdfern , Rockdale, Ryde , St . Pe te r s , S t r a th
field, Vaucluse , ^Vaterloo, Waverley, Wil loughby, Woollahra . S h i r e s : —
Bau lkham Hi l l s (B and C R id ings ) , Hornsby (B and C R i d i n g s ) ,
Su ther land , W a r r i n g a h . D E B T
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