Milk Act Amendment Act 1948 (WA)
| 1948.] | Milk. | [No. 41. |
MILK.
12° and 13° GEO. VI., No. XLI.
No. 41 of 1948.
AN ACT to amend the Milk Aet, 1946-1947.
[Assented to 21st December, 1948.]
BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—
1. This Act may be cited as the Milk Act Amendment Short title.
Act, 1948, and shall be read as one with the Milk Act, 1946-1947 (Act No. 27 of 1946, as amended by Acts Nos. 18 and 74 of 1947), hereinafter referred to as the prin- cipal Act.
| Theprincipal Act, as amended by this Act, may pCri tnac | tlopnaloict |
2.
as amended
| be cited as the Milk Act, 1946-1948. | by this Act. |
| Repeal and |
3.
| Section eleven of the principal Act is repealed and substituted by the following:- | substitution |
| of s. 11. |
11. (1) The Board shall comprise the offices of a member as Chairman and two other members.
| No. 41.] | Milk. | {1948. |
The Governor shall appoint to each of those offices a person, who is recommended by the Minister.
(2)
A person shall not be eligible for recommen-
dation or appointment to, or to hold any of those
offices if he
(3)
| (a) | is a dairyman, milk vendor or holder of a |
treatment license or
| (b) | is a member of any partnership or firm, or a director, officer, or member of, or receives, or is entitled to receive any benefit, remuneration or fee from, any association, society, company or other corporate body, directly or indirectly carrying on the business of, or having for or among its objects, the production, supply, treatment, or distribution of milk. |
Repeat and
| substitution | 4. Section twelve of the principal Act is repealed and 12. (1) The person appointed to the office of Chairman of the Board shall, subject to the provi- sions of this Act, hold office for a period of seven years from appointment, and on expiration of that period shall, subject to those provisions, be eligible for re-appointment. |
| of s. 12. | substituted by the following:- |
(2) Each of the two persons appointed to the office of member of the Board shall, subject to the provisions of fins Act generally, and to those of the next succeeding subsection in particular, hold office for a period of three years from appointment, and on the expiration of that period shall, subject to the provisions of this Act be eligible for re- appointment.
(3)
Of the two persons firstly appointed to the office of member of the Board pursuant to the pro- visions of this section, one shall be directed when appointed to retire from office on expiration of a period of two years from appointment and shall retire accordingly, and on expiration of that period shall, subject to the provisions of this Act, be eligible for re-appointment.
| Amendment | 5. Section thirteen of the principal Act is amended |
| of | si | 13. |
by adding at the end of the section the words "or becomes
| incapable of carrying out his duties." |
| 1948.1 | [No. 41. |
6. Subsection (2) of section fourteen of the principal !tam!
Act is repealed.
| 7. | Section fifteen of the principal Act is repealed. | Repeal of |
| s.15. |
8. Section eighteen of the principal Act is amended itsintrAt.
by substituting for the word "four" in subsection (3),
line one, the word "two."
9. Section twenty-six of the principal Act is amended `„Vastf.'"'
by adding a subsection as follows:
| duties imposed upon it by the provisions of this Ipeozze: to | (3) (a) For the purpose of carrying out the Board em- |
| Act, the Board may require any person engaged in production | of accounts, |
| etc. | |
| any of the businesses of, dairyman, milk vendor, treatment, or transport of milk, to produce to the Board any books of account, and any other docu- ment kept or prepared in connection with the business, and to supply to the Board such other particulars in relation to the business as the Board shall require. | |
| (b) The Board may for a period not exceeding fourteen days retain the books, balance sheets, copies and documents produced as required and take copies of or extracts from them. | |
| (c) Failure to comply with any requirement made pursuant to the provisions of this subsection consti- tutes an offence against this Act. |
Penalty—Fifty pounds.
10. The principal Act is amended by adding after section twenty-six the following sections:-
| 26A. (1) For the purposes of this section, unless the context requires otherwise | New s. 26A. |
| added. |
| "appointed day" means a day appointed by | Definitions. |
public notice pursuant to the provisions of
this section;
"encumbrance" includes mortgage, charge, lien,
pledge, trust, contract and any right
derogation of absolute ownership;
"interest" means any right, contingent or exist- ing, in absolute ownership or under an encumbrance;
| No. 41.] | Milk. | [1948. |
"milk delivered to the Board" means milk delivered by and in the name of the dairy- man producing it, in such quantities and at such times and places, and to such persons as the Board shall determine; and
"delivery of milk to the Board" and similar expressions shall have a corresponding meaning;
"public notice" means a notice given pursuant
to the provisions of this section and pub-
lished in the Gazette and a newspaper
published in Perth;
"vested milk" means milk which becomes vested in and the property of the Board pursuant to the provisions of this section.
Circumstances
| in which cer- | (2) When in the opinion of the Board there is |
| tain milk to |
| vest in Board. | anything to prevent or likely to prevent the produc- |
| Milk Act, | |
| Cf. N.S.W. | tion or distribution of milk so that a state of |
| 1931-1996, | |
| s. | emergency has in the opinion of the Board arisen or is about to arise in any district or part of a district, the Governor may, by public notice, fix the appointed day, on and from which, and until the Governor, as soon as the state of emergency has terminated, by public notice orders otherwise |
| (a) | by virtue of this enactment, milk referred to in the notice shall become absolutely vested in and be the property of the Board freed from every interest which shall be converted into a claim for pay- ment by the Board for that interest; |
| (b) | every dairyman referred to in the notice, shall comply with the requirements of this section as to the disposal of vested milk. |
Provisions as
| to public | (3) The public notice may |
| notice. |
(a) provide for the vesting of the milk in the Board subject to the fulfilment of such conditions as shall be specified in the notice ;
| 1948.] | Milk. | [No. 41. |
(b) be amended from time to time or cancelled,
or both, by subsequent public notice.
(4) Any public notice may refer to any person or thing generally or specifically, but shall , not include any reference to milk required by a dairy- man or his family for use as food.
| (5) | (a) On and from the appointed day every 1,1::lir„V„I':,,, |
| dairyman referred to, whether generally or speci- | veste m | d | ilk. |
| fically, in a public notice shall not dispose of vested milk otherwise than by delivery of the milk to the Board. | |||
| (b) Any dairyman who disposes of, and any person, other than the Board, who acquires from, a dairyman, vested milk, commits an offence. |
Penalty—One hundred pounds.
PoIvor of
| (6) The Board may dispose of vested milk in such manner, as having regard to the purposes of this | Board to dispose of |
| vested milk. | |
| Act, the Board determines. | |
| Cf. Health | |
| (7) Every delivery of vested milk to the Board shall, for the purposes of the provisions of the | Act, 1912- 1944 (Vol |
| 1, 1939 reprint), Pt. | |
| Health Act, 1912-1.944, relating to food, be deemed | VIII. |
| to be a sale of that milk to the Board by the dairy- man in whose name it is delivered, and those provi- sions shall apply accordingly. | |
| Appropria- |
| ( 8 ) The Board shall, out of the proceeds of vested tion of | Proceeds o |
| milk disposed of by the Board under the provisions disposa/ off | vested milk. |
| of this section, make appropriate provision for expenditure incurred in the treatment, carriage, distribution, and sale of the milk, the costs, charges and expenses of the administration by the Board of this Act, and any amounts necessary to repay advances made to the Board, and to provide a sink- ing fund. in respect of any loan raised by the Board, and interest on the advance or loan; and subject to this Act shall make repayments in accordance with the provisions of the next succeeding subsection to each dairyman in respect of vested milk delivered to the Board by bim. | |
| Payments to | |
| (9) (a) The Board shall pay to each dairyman, at such times as the Board shall determine, an amount | dairyman. |
| No. 41.] | Milk. | [1948. |
calculated at the rate of the minimum price or prices applicable to or in respect of the vested milk delivered to the Board by the dairyman.
(b) Where, in respect of any period which the Board determines to adopt, the Board has, out of the proceeds of vested milk delivered by dairymen at any particular place-
(i) made the payments referred to in the last
preceding paragraph; and
(ii) made such provision for the matters referred to in. the last preceding subsec- tion as the Board deems reasonably appropriate to and in respect of the vested milk so delivered,
the Board shall distribute, among those dairymen in proportion to the quantity of vested milk delivered by each of them at that place during that period, so much of any balance, of the proceeds as the Board determines is available for the purpose.
Provision for
| ascertaining | (10) For the purposes of ascertaining the price to be paid to a dairyman for vested milk delivered to the Board, and for the purposes of this enactment, the Board's decision as to grade, quality, or descrip- tion (whether grade, quality, or description is pre- scribed or not), and as to the quantity or the condi- tions of production, supply, collection, treatment, or delivery, shall be final and conclusive. |
| price. | |
| Advances on | |
| account. | (11) The Board may make or arrange for advances on account of vested milk delivered to the Board, and the advances and any payment made on account of that milk may be made at such time or times, and on such terms and conditions, and in such manner as the Board determines. |
| Effect of |
(a) Subject to the provisions of this sub- section, whenever milk, which is or becomes the subject of a contract for sale and purchase, becomes or is vested milk on and from an appointed day fixed by public notice, the contract shall be null and void for the period during which the public notice
| vesting on | (12) |
contracts.
| remains operative. |
| 1948.] | Milk. | [No. 41. |
(b) Notwithstanding any provision of the contract to the contrary, it shall be construed and given effect as if it contained provisions-
(i) that failure to make or accept delivery of the vested milk during that period shall not be a ground for repudiation, or damages for breach, of the contract; and
(ii) that at any time, other than during that period, each delivery shall be regarded as being required to be made and accepted under a separate contract.
(c) Subject to the provisions of this subsection nothing contained in this subsection shall prejudice the rights or liabilities of any party to the contract, if those rights or liabilities arise under the contract at any time other than during that period.
(d) Any transaction or agreement with respect to milk which is the subject-matter of any contract or part of a contract declared by this section to be void to any extent shall also be void and of no effect to a corresponding extent, and any money paid in respect of any agreement or part of an agreement hereby made void or of any such transaction, shall, to the extent to which the contract or transaction is made void, be repaid, and the provisions of para- graph (b) of this subsection shall, with appropriate adaptations, apply in respect of the agreement or transaction.
(1:3) (a) Subject to the provisions of this subsec- j:;,17:srBoard
| lion no proceedings shall be brought against the ITVIrntrt° | Board or any person acting under its authority by accoun | t | . |
| any person claiming to be entitled to any interest in any vested milk. | |||
| (b) Subject to the provisions of this subsection, any person who, but for those provisions would be entitled to bring any such proceedings as are referred to in the last preceding paragraph, may adopt the delivery of vested milk to the Board as a delivery thereof by him to the Board, and may claim accordingly for an account of the payments due in respect thereof, and recover the amount found due in any court of competent jurisdiction as a debt to him by the Board. |
| No. 41.] | Milk. | [1948. |
(c) Notwithstanding the provisions of any other Act or any rule of law to the contrary, any such person as is referred to in the last preceding para- graph shall not be entitled
(i) so to claim an account, until he has given prior notice in writing to the Board, in the form and containing the particulars and of the duration prescribed, of the interest he claims in respect of the vested milk;
(ii) to recover any part of the amount found due on the taking of the account, which has already been paid to other persons at the time of the receipt by the Board of the notice.
Notification
of encum-
| brances to | (14) |
(a) Every dairyman, who produces vested milk, which is affected by an encumbrance at the appointed day, or becomes so affected after the appointed day, as the case may be, shall so soon as conveniently may be and within forty-eight hours of the appointed day, or that on which the vested milk becomes so affected thereafter, as the case may be, give to the Board a notice in writing, in the form and containing particulars prescribed, of the encum- brance.
Board.
(b) Any person, who knowingly fails to comply with the provisions of this subsection, is guilty of an offence against this Act.
Non-liability
| of Board for | (15) (a) Where the Board in good faith and with- |
| payments in |
| good faith, | out negligence has made any payment- |
| etc. |
(i) to a dairyman ill respect of any interest claimed by him in any vested milk delivered by him to the Board or any per- son acting under its authority; or
(ii) to any person entitled or claiming to be entitled through the dairyman in respect of that interest or any part of it ; or
| (iii) | to any person on the order of that dairyman or lastmentioned person in respect of that |
| interest or any part of it, |
| 1948. | ] | Milk. | [No. 41. |
the Board shall not be answerable to any other per- son in respect of the payment, or in any action, suit, claim, or demand whatsoever for damages or other- wise in respect of that interest or any part of it.
Protection of
| (b) If prior to receiving notice of claim to pay- ment for any interest in the vested milk, other than that made by the dairyman and referred to in the last preceding paragraph, | Board. |
the Board has in good faith and without negli- gence adjusted and settled with the dairyman, or any person entitled or claiming to be entitled through Mm or on his or that person's order, in respect of the claim made by him, or with any person who has made a claim in accordance with the provisions of paragraph (c) of sub- section (13) of this section for the money pay- able thereunder,
the Board shall not incur any liability to the true owner of that interest or any part thereof or to any party claiming through, under, or in trust for him:
Provided that the Board shall not be entitled to the protection of this subsection in respect of any moneys remaining in its hands at the time of receipt by it of notice of that other claim or thereafter com- ing to its hands in respect of the interest the subject matter of that other claim.
(c) This section shall not in any way prejudice or affect any rights between or among themselves of any parties claiming adversely to one another to be entitled to any interest in the vested milk the subject matter or part of the subject matter of any claim for payment.
(d) Subject to the provisions of paragraph (b) of this subsection the Board may plead those provi- sions in absolute bar of any proceedings by any such dairyman, transferee, or party as aforesaid in respect of such interest or any part thereof.
(16) No action, claim, or demand whatsoever shall Protection of
Crown and
lie, or be made or allowed by or in favour of any per- its officers.
son whomsoever against I-Es Majesty, or the Minister
or (save as in this Act provided) the Board or any
| No. 41.][1948. | Milk. |
officer or person acting in the execution of the pro- visions of fins Act for or in respect of any damage or loss or injury sustained or alleged to be sustained by reason of the passing of this Act or the publica- tion of any public notice pursuant to the provisions of this section or of its operation, or of anything done or purporting to be done in good faith there- under.
New s. 26B
| added. | 268. (1) No person, carrying on the business of |
| Consent of | dairyman, milk vendor or milk treatment under the |
| Board to sale | |
| of acquisition | authority of the appropriate license issued by the |
| of certain | |
| businesses. | Board pursuant to the provisions of this Act shall dispose of the license without first having obtained the consent in writing of the Board. |
Penalty—Fifty pounds.
(2) No person shall acquire any license referred
to in the last preceding subsection without first
having obtained the consent in writing of the Board.
Penalty—Fifty pounds.
The Board, having regard to the objects of this Act, may grant or refuse its consent.
(3)
(a) In any case where the Board refuses its consent under this section there shall be an appeal to the Minister within the prescribed time and manner.
(4)
(h) On the hearing of any such appeal the Minis- ter may make such order as he thinks just.
| Repeal of | 11. Subsection (2) of section thirty-three of the prin- |
| .. ss (2). | cipal Act is repealed. |
| Amendment | 12. Section forty-one of the principal Act is amended |
| of s. 41 (I.). |
| (a) | deleting from subsection (1) all words after the |
word "Board" in line nineteen;
| (b) | substituting for all words after the word "Act" in subsection (2) line four the words "and apply the balance in satisfaction of the payor's obligations under the provisions of the last preceding section.". |
| 1948.] | Milk. | [No. 41, |
13. Section fifty-three of the principal Act is amended tr.er.4
by adding after the word "compensation" in paragraph
| (d) | line six a paragraph as follows: (e) If the person making a claim for compensation |
has not contributed to the Compensation Fund in accordance with the provisions of this Act, during any year commencing on the first day of July, on which his cattle are tested pur- suant to the provisions of section forty-four of this Act.
Amendment
| 14. | Section sixty of the principal Act is amended by | of s. 60. |
substituting for subsection (1) the following:
(1) For the purpose of providing moneys for the Compensation Fund
(a) every licensed dairyman may contribute to the Compensation Fund at a rate to be prescribed by regulations, but not to exceed an amount equal to one-half of one penny per gallon for every gallon of milk sold by him;
(1.)) the Treasurer, out of moneys appropriated by Parliament for the purpose, shall con- tribute to the Compensation Fund an amount equal to the amount of the con- tributions made from time to time by the contributors pursuant to the provisions of the last preceding paragraph.
15. Section sixty-one of the principal Act is amended s° °°<
by substituting for paragraph (b) the following:
(b) The period of twenty-one days for service of
a claim for compensation in respect of--
(i) the destruction of diseased cattle, shall be computed from the day of destruc- tion;
(ii) the restriction of the supply and deliv- ery of milk, shall be computed from the day of service of notice imposing the restriction.
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