Milk (Amendment) Act 1964 (NSW)

30th April, 1964.]

MILK (AMENDMENT) ACT.

Act No. 18,1964.

An Act relating to milk produced and retailed directly by a dairyman on his own behalf; for this purpose to amend the Milk Act, 1931, as amended; and for purposes connected therewith. [Assented to,

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative	Council and Legislative Assembly of New South Wales in
Parliament assembled, and by the authority of the same, as follows: —

1. (1) This Act may be cited as the "Milk (Amendment)

Act, 1964".

(2) The Milk Act, 1931, as amended by subsequent Acts, by proclamations made under section six of that Act, as so amended, and by this Act, may be cited as the Milk Act, 1931-1964.

2. The Milk Act, 1931-1942, is amended—

(a) by omitting subsection five of section twenty-six and by inserting in lieu thereof the following subsection : —

(5) Any proclamation made under subsection one or two of this section before the commence­ ment of the Milk (Amendment) Act, 1964, shall, notwithstanding anything contained in any such proclamation, apply to all milk referred to in the said subsection one or two except milk which—

(a)	is produced on dairy premises on which milk was on the prescribed day being produced, if on that day the milk being produced on such dairy premises was being lawfully retailed by a dairyman
on his own behalf; and
(b)	is retailed directly on his own behalf by a dairyman for the time being registered as such under this Act who is the occupier of such dairy premises or any part thereof; and

(c) is so retailed—

(i)   until a determination is made under subparagraph (ii) of this paragraph, in any part or parts of the milk distributing district

or

or milk distributing sub-district in which milk produced on such dairy premises was on the prescribed day retailed directly on his own behalf by the dairy- man who on that day was registered under this Act as a dairyman and was the occupier of such dairy premises; or

(ii)   where a determination is made under this subparagraph, in any part or parts of a milk distribut- ing district or milk distributing sub-district determined by the Board.

In making any determination under subparagraph (ii) of paragraph (c) of this subsection the part or parts determined shall be approximately the same part or parts as, but not less extensive than, the part or parts in which milk produced on such dairy premises was on the prescribed day retailed as aforesaid.

In this subsection, "prescribed day" means the first day of March, one thousand nine hundred and sixty-four.

(b) by omitting subsection five of section 26A.