Milk Authority Act 1975 (ACT)
No. 23 of 1975
AN ORDINANCE
To amend the Milk Authority Ordinance 1971-1974, as amended by the Ordinances Revision (Health Commission) Ordinance 1975.
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Ordinance under
| the Seat of Government | (Administration) | Act 1910-1973. |
Dated this twenty-fifth day of August, 1975.
JOHN R. KERR Governor-General.
By His Excellency's Command,
GORDON M. BRYANT
Minister of State for the Capital Territory.
MILK AUTHORITY ORDINANCE 1975
1. (1) This Ordinance may be cited as the Milk Authority
Ordinance 1975.*
| (2) The Milk Authority Ordinance 1971-1974,f as amended by the Ordinances Revision | (Health Commission) | Ordinance 1975,$ is |
in this Ordinance referred to as the Principal Ordinance.
(3 ) Schedule 2 to the Ordinances Revision (Health Commission)
Ordinance 1975 is amended by omitting the words:—
" Milk Authority Ordinance 1971-1974 ( Milk Authority Ordinance 1971-1975 ".
(4) The Principal Ordinance, as amended by this Ordinance, may be cited as the Milk Authority Ordinance 1971-1975.
t Ordinance N o . 23, 1971, as amended by N o s . 15 and 28, 1972; Nos . 7 and 55, 1973; and No.
55 1974.
t Ordinance No. 17, 1975.
2 . (1) This section and sections 1 and 3 shall come into operation on the date on which this Ordinance is notified in the Gazette.
(2) The remaining provisions of this Ordinance shall come into operation on such date as is, or such dates as respectively are, fixed by the Minister by notice published in the Gazette.
3. Section 3 of the Principal Ordinance is repealed.
4. Section 4 of the Principal Ordinance is amended—
(a)
by omitting from the definition of " licence " the figures " 41 " and substituting the figures " 4 9 " ;
* Notified in the Australian Government Gazette on 26 August, 1975.
(b)
by omitting the definition of " milk " and substituting the following definition:—
" milk " means liquid cow's milk, but does not include cream derived from cow's milk or a constituent part of cow's milk (whether with or without the addition of any other substance), condensed milk, evaporated milk, dried milk or any other substance derived from milk;";
(c) by omitting the definitions of " provisional area" and " Retailer's Licence" and substituting the following definition:— " residential premises " includes a private dwelling house and residential flats (whether or not the land on which the building containing the residential flats is erected is subdivided into units and common property under the Unit Titles Ordinance 1970- 1971), but does not include a boarding house, a residential hotel or a motel;";
(d)
by omitting the definitions of " Vending Machine Licence ", " Vendor's Licence ", " Vendor's Permit ", " Wholesaler's (Importing) Licence", " Wholesaler's (Processing) Licence " and "wholesaler's licence " and substituting the following definitions:—
" 'Vendor's Licence' means a vendor's licence referred to
in section 22;
" 'Vendor's Permit' means a permit referred to in section
22;"; and
(e) by adding at the end thereof the following sub-section:—
" (2) For the purposes of carrying out or giving effect
to this Ordinance, a person or corporation may—
(a) enter into a contract, arrangement or understanding with the Authority whereby the person or corpora tion agrees to do, in relation to the acquisition, processing, sale and distribution of milk, the acts and things specified in the contract, arrangement or understanding and no other acts or things; (b) with the approval of the Authority, enter into a contract, arrangement or understanding with another person or corporation whereby either party to the contract, arrangement or understanding agrees to do, in relation to the acquisition, process ing, sale and distribution of milk, the acts and things specified in the contract, arrangement or understanding and no other acts or things; and (c) do such acts or things as are necessary to give effect to such a contract, arrangement or understanding.".
5 . Section 7 of the Principal Ordinance is amended by omitting sub-section (1) and substituting the following sub-section:—
" (1) The Authority shall consist of 3 members, 1 of whom shall be a member of the Legislative Assembly nominated, as the occasion requires, by the Assembly.".
6 . Section 11 of the Principal Ordinance is amended by omitting sub-section (3) and substituting the following sub-section:—
" (3 ) If the member of the Authority who is a member of the Legislative Assembly ceases to be a member of the Assembly, the Minister shall remove him from office.".
7. Section 13 of the Principal Ordinance is amended—
(a) by omitting from sub-section (1) the words "an elected member of the Advisory Counci l" and substituting the words " a member of the Legislative Assembly "; and (b) by omitting from that sub-section the words " an elected member of the Advisory Council nominated by the Advisory Council " and substituting the words " a member of the Assembly nominated by the Assembly ".
8 . Section 14 of the Principal Ordinance is amended by adding at the end thereof the following sub-section:—
" (9) An act or decision of the Authority is not invalid by reason only of there being a vacancy or vacancies in the membership of the Authority.".
9. Section 15 of the Principal Ordinance is amended by omitting from sub-sections (1) and (2) the words " Department of the Interior " (wherever occurring) and substituting the words "Department of the Capital Territory ".
1 0 . Section 16 of the Principal Ordinance is amended by inserting before the word " regulate " in sub-section (1) the words " engage in,".
11. Section 17 of the Principal Ordinance is amended—
(a) by omitting sub-section (1) and substituting the following sub-sections:— " (1 ) The Authority has power to do all things necessary or convenient to be done for or in connexion with the performance of its functions under this Ordinance and, in particular, has power—
(a) to acquire milk from inside or outside the Territory;
(b)
to enter into contracts to have milk processed, whether inside or outside the Territory;
(c)
to enter into contracts for the sale or distribution or sale and distribution, of milk;
(d)
subject to this Ordinance, to regulate and control the sale and distribution of processed milk; and
(e)
from time to time to hold such inquiries open to the public as are necessary to inform itself in relation to the supply, collection, processing, storage, distribution and sale of milk, whether within or outside the Territory.
" (1A) In addition to the powers specified in sub-section ( 1 ) , the Authority also has power—
(a)
to enter into a contract, arrangement or understand ing with a person or corporation whereby the person or corporation agrees to do, in relation to the acquisition, processing, sale and distribution of milk, only the acts and things specified in the con tract, arrangement or understanding and no other acts or things; and
(b)
to give effect to such a contract, arrangement or understanding."; and
(b) by inserting in sub-section (2), after the words "of the Authority ", the words " or the Secretary to the Authority ".
1 2 . After section 17 of the Principal Ordinance the following section is inserted:—
" 17A. A person, other than a person acting in pursuance of this Ordinance or of a licence issued under this Ordinance, shall not—
(a) import unprocessed milk into the Territory; or
(b) process, supply, sell or distribute milk in the Territory.
Penalty: $100, together with $200 for each day on which the offence continues or, in the case of an offence by a corporation, $200, together with $200 for each day on which the offence continues.".
1 3 . After section 18 of the Principal Ordinance the following section is inserted:—
" 18A. The Minister may give directions to the Authority with respect to the general policy to be adopted by the Authority and the Authority shall comply with any directions so given.".
1 4 . Part III, the heading immediately preceding section 42, and
sections 42 to 46 (inclusive), of the Principal Ordinance are repealed
and the following Parts, heading and sections substituted:—" PART I I A — F I N A N C E " 21A. In this Part, ' approved b a n k ' means a bank approved by the Treasurer for the purposes of the provision in which the expression occurs.
" 2 1 B . The capital of the Authority at any time is the sum of the amounts paid to the Authority by the Treasurer for the purpose of providing capital for the Authority, less the sum of any amounts of capital repaid to Australia by the Authority.
" 21c. (1) The Authority shall pay to Australia, out of the profits for a financial year, such amount as the Minister, in consultation with the Treasurer, determines.
" (2 ) The Authority shall repay the capital of the Authority to Australia at such times and in such amounts as the Minister, in con sultation with the Treasurer, determines.
" (3 ) In the making of a determination under sub-section (1) or sub-section ( 2 ) , regard shall be had to any advice that the Authority has furnished to the Minister in relation to the financial affairs of the Authority.
" 21D. (1) The Authority may, with the approval of the Treasurer, borrow moneys from time to time in such amounts as the Minister certifies are, in his opinion, necessary for the exercise of its powers or the performance of its duties or functions under this Ordinance.
" (2 ) The Authority may borrow from Australia, at such rate of
interest and on such other terms and conditions as the Treasurer deter
mines, moneys that the Authority is authorized to borrow under sub
| section | (1 ) . |
" (3) The Authority may give security over the whole or any part of its assets for the repayment of amounts borrowed under this section and the payment of interest on amounts so borrowed.
" (4 ) The Treasurer may, on behalf of Australia, guarantee the repayment by the Authority of amounts borrowed under this section otherwise than from Australia and the payment of interest on amounts so borrowed.
" 21E. (1) The Authority may open and maintain an account or accounts with an approved bank or approved banks and shall maintain at all times at least one such account.
" (2) The Authority shall pay all moneys of the Authority, including moneys borrowed by the Authority, into an account referred to in this section.
" 21F. (1) The moneys of the Authority may be applied by the Authority—
(a) in payment or discharge of the costs, expenses or other obligations incurred by the Authority in connexion with the performance by the Authority of its functions under this Ordinance;
(b)
in payment of remuneration and allowances payable to members and employees of the Authority; and
(c) in making payments in accordance with this Ordinance,
but not otherwise.
" (2) Moneys of the Authority not immediately required for the purposes of the Authority may be invested—
(a) on fixed deposit with an approved bank;
(b) in securities of Australia; or
(c) in any other manner approved by the Treasurer." 21G. The Authority shall cause to be kept proper accounts and records of the transactions and affairs of the Authority in accordance with the accounting principles generally applied in commercial practice and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the Authority and over the incurring of liabilities by the Authority.
" 21H. (1) The Authority shall, as soon as practicable after the end of each financial year, perpare and furnish to the Minister and to the Legislative Assembly a report of the operations of the Authority during that year, together with financial statements in respect of that year in such form as the Treasurer approves.
" (2) Before furnishing the financial statements to the Minister and the Assembly, the Authority shall submit them to an auditor appointed by the Treasurer who shall report to the Minister—
(a) whether the statements are based on proper accounts and records; (b) whether the statements are in agreement with those accounts and records and show fairly the financial transactions and the state of affairs of the Authority; (c) whether the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Authority during the year have been in accordance with this Ordinance; and (d) as to such other matters arising out of the statements as the auditor considers should be reported to the Minister.
" 2 1 J . (1) The auditor referred to in sub-section 2 1 H (2) shall inspect and audit the accounts and records of the financial transactions and affairs of the Authority and the records relating to assets of, or in the custody of, the Authority and shall forthwith draw the attention of the Minister to any irregularity disclosed by the inspection that is, in the opinion of the auditor, of sufficient importance to justify his so doing.
" (2 ) The auditor referred to in sub-section 2 1 H (2) shall report to the Minister the results of the inspection and audit carried out under sub-section ( 1 ) . " (3) The auditor referred to in sub-section 21H (2) is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Authority relating directly or indirectly to the receipt or payment of moneys by the Authority or to the acquisi tion, receipt, custody or disposal of assets by the Authority.
" (4) The auditor may make copies of, or take extracts from, any such accounts, records, documents or papers.
" (5) The auditor may require any person to furnish him with such information in the possession of the person or to which the person has access as the auditor considers necessary for the purposes of this section, and the person shall comply with the requirement.
" (6) A person who contravenes sub-section (5) is guilty of an offence punishable, upon conviction, by a fine not exceeding $200.
" 2 1 K . The Authority shall pursue a policy directed towards securing
revenue sufficient to meet all its expenditure properly chargeable against revenue, and to permit the payment to Australia of a reasonable return on the capital of the Authority.
" 2 1 L . (1) For the purposes of this Ordinance, the profits of the Authority lor a financial year are the amount (if any) remaining after deducting from the revenue received or receivable in respect of that financial year the expenditure, and provision for expenditure, properly chargeable against that revenue.
" (2) The profits of the Authority for a financial year shall be applied in the first place in payment of the amount determined under sub-section 21c (1) and the balance (if any) shall be applied in such manner as the Minister, in consultation with the Treasurer, determines.
" 2 1 M . The Authority shall pay all rates, taxes and charges under any law of the Territory.
" PART I I I — L I C E N C E S AND PERMITS
" 2 2 . (1) Subject to this section, a person shall not carry on the business of the sale and delivery of milk to residential premises in a developing area unless he is the holder of a Vendor's Permit.
Penalty: $200.
" (2) Subject to this section, a person shall not carry on the business of the sale and delivery of milk to residential premises in a developed area unless he is the holder of a Vendor's Licence.
Penalty: $200.
" (3) Sub-sections (1) and (2) do not apply to or in relation to a
| delivery that is part of the delivery of groceries from retail premises. |
" (4) A person to whom the holder of a Vendor's Licence or Vendor's Permit has sold or delivered milk shall not resell the milk to another person.
Penalty: $100.
" (5) Subject to sub-section ( 6 ) , the holder of a Vendor's Licence or Vendor's Permit shall not sell or deliver milk except from a vehicle or vehicles specified in the licence or permit, as the case requires.
Penalty: $100.
" (6) Sub-section (5) does not apply to or in relation to a person who sells or delivers milk otherwise than in accordance with that sub section because of the mechanical breakdown of the vehicle specified in the licence or permit.
" (7 ) A Vendor's Licence is subject to the conditions that the holder
of the licence carry on the business of the sale and delivery of milk—
(a) in the zone to which the licence relates; and
(b)
subject to the conditions specified in sub-section (9) and to such other reasonable conditions as are specified in the licence.
" (8) A Vendor's Permit is subject to the conditions that the holder
of the permit carry on the business of the sale and delivery of milk—
(a) in the portion of the developing area to which the permit relates; and (b) subject to the conditions specified in sub-section (9) and to such other reasonable conditions as are specified in the licence.
" (9) For the purposes of sub-sections (7) and ( 8 ) , the conditions to which a licence or permit is subject are that the holder of the licence or permit—
(a)
will not carry milk in the vehicle specified in the licence unless the relevant requirements of the Dairy Regulations are complied with;
(b)
delivers milk to at least the boundary of each block of land to which he is required to deliver milk;
(c)
delivers milk on at least 6 days in any week or, where the Authority has approved fewer deliveries, on the number of days approved by the Authority;
(d)
exercises due skill, care and consideration in carrying out his business;
(e)
conducts himself in the course of his business so as not to be likely to affect adversely the operations of other holders of licences or permits or the rights or expectations of con sumers of milk;
(f) complies with all pricing provisions relating to the retail sale of milk in the Territory; and
(g) provides such information as the Authority requests from him concerning the distribution and sale of milk.
" (10) A company is not eligible for the grant of a Vendor's Licence or Vendor's Permit.
" (11) A Vendor's Permit shall not be issued to a person who is not the holder of a current Vendor's Licence.
" 2 3 . (1) The Authority may, from time to time, as occasion requires, call for applications for Vendor's Licences.
" (2 ) An application for the grant of a licence—
(a)
shall be in writing in accordance with such form as is approved by the Authority and shall be signed by the applicant; and
(b) shall be lodged with the Secretary to the Authority.
" (3 ) The Secretary to the Authority may, by notice in writing served on the applicant, require him to furnish, within the period speci fied in the notice, further information in writing in connexion with his application and an application shall not be considered unless that further information is supplied.
" 24. (1 ) Where, after the Authority calls for applications under sub-section 23 ( 1 ) , only one person applies, the Authority shall, sub ject to sub-section ( 3 ) , grant the licence to that person.
" (2) Where more than one person applies for a licence—
(a) where only one of the applicants is the holder of a licence, the Authority shall, subject to sub-section ( 3 ) , grant the licence to that person; (b) where more than one of the applicants is the holder of a licence, the Authority shall, subject to sub-section ( 3 ) , after having regard to— (i) the known record of each of those applicants as a milk vendor; and
(ii) the claim, if any, of each of those applicants to new business in the area in respect of which the new licence is to be issued,
grant the licence to an applicant who is the holder of a
licence; or
(c)
where there are 2 or more applicants none of whom is the holder of a licence, the Authority shall determine the matter by lot.
" (3 ) The Authority shall not grant a licence to a person unless—
(a)
the applicant has sufficient equity in the business in respect of which the licence is to be issued and has a reasonable capacity to repay borrowed money;
(b)
the applicant has the ability necessary to conduct a milk run; and
(c) the applicant is of good fame and character.
| " 25. (1 ) The Authority may, from time to time, call for applica tions for Vendor's Permits. |
" (2) An application for the grant of a permit—
(a)
shall be in writing in accordance with such form as is approved by the Authority; and
(b) shall be lodged with the Secretary to the Authority.
" (3) The Secretary to the Authority may, by notice in writing served on the applicant, require him to furnish, within the period specified in the notice, further information in writing in connexion with his application, and an application shall not be considered unless that further information is supplied.
" (4) In issuing a permit, the Authority shall have regard t o—
(a) the experience of each applicant in the Milk industry;
(b) the known record or each applicant as a milk vendor;
(c)
the proximity of each zone in respect of which the applicant is the holder of a licence or permit to the area in respect of which the permit is to be issued; and
(d)
the claim of each applicant to new business in the area in respect cf which the permit is to be issued before the date of commencement of the Milk Authority Ordinance 1975.
" (5) A permit issued under this Ordinance—
(a) is not transferrable; and
(b) shall, by virtue of this section, be cancelled if the holder of the permit ceases to carry on the business of the retail sale of milk to residential premises as specified in the permit.
" 26. Where it refuses an application for a licence or permit, the Authority shall notify the applicant in writing of the refusal and furnish the applicant with a written explanation of the reasons for which the application was refused.
" 2 7 . (1) For the purposes of this section, each of the following matters is a ground for complaint against the holder of a Vendor's Licence or Vendor's Permit, that is to say:—
(a)
that he is not delivering milk to at least the boundary of each block of land to which he is required to deliver milk;
(b)
that he is not delivering milk on at least 6 days in any week or, where the Authority has approved fewer deliveries, on the number of days approved by the Authority;
(c)
that he is not exercising due skill, care and consideration in carrying out his business;
(d)
that his conduct in the course of his business is likely to affect adversely the operations of other holders of licences or permits or the rights or expectations of consumers of milk;
(e) that he is not complying with all pricing provisions relating to the retail sale of milk in the Territory; (f)
that he is not providing such information as the Authority requests from him concerning the distribution and sale of milk.
" (2) Where a person believes that he has grounds for complaint
against the holder of a licence or permit, that person may, by instrument in writing, lodge a complaint with the Secretary to the Authority.
" (3 ) Subject to sub-section ( 4 ) , the Secretary to the Authority—
(a) shall, on receipt of a complaint lodged in pursuance of
sub-section ( 2 ) ; and (b)
may, where, from information in his possession, it appears that grounds for complaint exist against the holder of a licence or permit,
by notice in writing, call on the holder of the licence or permit and, where the matter is the subject of a complaint, the complainant, within 21 days after the date of the notice, to make representations orally or in writing in connexion with the matter.
" (4 ) Where it appears to the Secretary that a matter to which, but for this sub-section, sub-section (3) would apply warrants an inquiry by the Authority without delay, the Secretary shall refer the matter to the Authority without calling for representations to be made to him in connexion with the matter.
" (5) The Secretary to the Authority shall consider any representa tions made in pursuance of sub-section (3) and, unless he considers that the matter is sufficiently serious to warrant an inquiry by the Authority or that the matter discloses a ground for the revocation of a licence, shall attempt to settle any differences between parties arising out of the matter.
| " (6) If, after considering any representations made in pursuance of sub-section | ( 3 ) — |
(a)
the Secretary to the Authority considers that the matter is sufficiently serious to warrant an inquiry by the Authority;
(b)
the matter discloses a ground for the revocation of a licence; or
(c)
the parties do not agree to a settlement of the differences arising out of the matter proposed by the Secretary to the Authority,
the Secretary to the Authority shall refer the matter to the Authority.
" 2 8 . (1) Without limiting the generality of its powers, the Authority may, of its own motion, revoke a licence or permit on any one or more of the following grounds—
(a) that the licence or permit was obtained by means of mis representation; (b) that the holder of the licence or permit has been convicted,
side the Territory, of an offence punishable by imprison after the grant of the licence or permit, either within or out ment for a period exceeding 6 months;
(c)
that the holder of the licence or permit has been convicted of an offence against this Ordinance, regulations made under this Ordinance or the Dairy Regulations;
(d)
that the holder of the licence or permit does not have the sole use, management and control of the business in respect of which the licence or permit was granted;
(e)
that the holder of the licence or permit has ceased to carry on the business for which his licence or permit was granted;
(f)
that the holder of the licence or permit has failed to comply with a condition of his licence or permit or a direction given under sub-section 29 ( 4 ) ;
(g)
after inquiry by the Authority under this Ordinance into his conduct in the course of his business, that the holder of the licence or permit is not a person of good fame and character; or
(h)
that the holder of the licence or permit is in breach of an order made under sub-section 30 ( 1 ) .
" (2 ) The Authority shall, before revoking a licence or permit on a ground referred to in sub-section ( 1 ) , direct the Secretary to the Authority to give notice in writing to the holder of the licence or permit calling upon him within 21 days after the date of the notice to show cause why the licence or permit should not be revoked on the grounds stated in the notice, and the holder of the licence or permit may give notice of his intention so to show cause.
" (3) If the holder of the licence or permit does not give the Secre tary to the Authority notice in writing that he intends to show cause why his licence or permit should not be revoked within the period prescribed by sub-section ( 2 ) , or within such further time as the Authority on application in writing allows, the Authority shall, unless it withdraws the notice, revoke the licence or permit.
" (4 ) The Authority may, in revoking a licence or permit on a ground referred to in sub-section ( 1 ) , specify a period that shall lapse before the person formerly the holder of the licence or permit may apply again for a licence or permit and, in that event, that person is not eligible to apply again for a licence or permit until the expiration of that period.
" (5) If the Authority does not, in revoking a licence or permit, so specify a period for the purposes of sub-section ( 4 ) , the person formerly the holder of the licence or permit is not, without the written approval of the Authority, again eligible to apply for a licence or permit.
" (6 ) A licence or permit that is revoked ceases to have effect from and including the day on which it is revoked, and the person to whom the licence or permit was granted ceased to be the holder of the licence or permit on and from that day.permit gives the notice referred to in section 28 that he intends to show " 29. (1) Subject to this section, where the holder of a licence or
cause why his licence or permit should not be revoked, or a matter is
referred to the Authority under section 27, the Authority shall hold
an inquiry." (2) The Authority shall record the reasons for its decision after the inquiry and, if so requested by the appellant or the holder of the licence or permit or complainant, furnish to him a copy of those reasons. " (3) Where notice has been given to a person calling on him to
show cause why his licence or permit should not be revoked on the ground referred to in paragraph 28 (1) ( c ) , and the person has given the notice referred to in that section that he intends to show cause why his licence or permit should not be so revoked, the Authority shall not proceed with the holding of the inquiry until the proceedings in respect of the offence referred to in the first-mentioned notice have been finally disposed of.
" (4 ) Where a matter is referred to the Authority under section 27, the Authority may, if it upholds the complaint, issue to the holder of the licence or permit such directions as to the conduct of his business as it considers appropriate.
" 30. (1) Where, in pursuance of section 29, the Authority holds an inquiry into a matter that has been referred to it in pursuance of sub section 27 (4) or 27 ( 6 ) , being a matter relating to operations on the part of the holder of a licence or permit under this Ordinance that are likely to affect adversely the holders of other licences or permits or the expectations of consumers or are likely to disrupt the supply or distri bution of milk in the Territory, the Authority may make an order restraining the holder of the licence or permit, as the case requires, from continuing those operations.
" (2) A copy of an order made under sub-section (1) shall be served on the holder of the licence or permit whose name is specified in the order.
" (3) An order made under sub-section (1) has force and effect from and including the date on which a copy of the order is served on the holder of a licence or permit in accordance with sub-section (2) until the expiration of one month after that date or the making by the Authority of a decision on the matter, whichever first occurs.
" 3 1 . (1) Subject to this section, the Authority may approve the
transfer of a licence, or of part of the zone in respect of which a licence
is issued, to a person who is eligible for the grant of such a licence.
" (2) An application for the transfer of a licence or of part of a zone shall—
(a)
be in writing in accordance with such form as is approved by the Authority and shall be signed by the applicant; and
(b) be lodged with the Secretary to the Authority.
" (3) The Authority shall not approve the transfer of a licence—
(a) that has been revoked; or (b) at any time after notice calling upon the licensee to show cause why the licence should not be revoked has been given under section 28 and before the date on which the decision of the Authority whether so to revoke is given under that section.
" (4) The Authority shall not approve the transfer of a licence or part of a zone unless the Authority is satisfied that—
(a)
the transfer will not result in the establishment of a zone in which the annual gallonage to be distributed is less than the amount declared by the Authority under sub-section 45 (1) to be the minimum annual gallonage;
(b)
the applicant has sufficient equity in the business in respect of which the licence is, or is to be, issued and has a reasonable capacity to repay borrowed money;
(c)
the applicant has the ability necessary to conduct the business of a milk run;
(d) the applicant is of good fame and character; and
(e)
in the case of the application for the transfer of a licence in respect of a zone, or the transfer of part of a zone, that was, within the period of 12 months immediately pre ceding the date of the application, within a developing area, the purchase price payable by the applicant does not exceed an amount calculated in accordance with the price declared by the Authority under sub-section ( 6 ) .
" (5 ) The Authority shall not approve the transfer of part of a
zone until the Authority has made a re-determination under section 46.
" (6) The Authority may, from time to time, declare, for thepurposes of this section, an amount to be the maximum price per
daily gallonage of milk.
" 32. (1) Where the Authority refuses to grant, or revokes, a licence, the applicant, or the person who was the licensee, as the case may be, may, within the period of 21 days after the decision was given or within such further period as the Court of Petty Sessions, on applica tion made before or after the expiration of that period, allows, appeal to the Court of Petty Sessions against the decision.
" (2) Where the Authority issues directions under sub-section 29 (4) to the holder of a licence or permit, the holder may, within the period of 21 days from the date on which the directions were issued or within such further period as the Court of Petty Sessions, on applica tion made before or after the expiration of that period, allows, appeal to the Court of Petty Sessions against the decision of the Authority on the complaint or against the direction.
" (3) Where the Authority refuses to approve the transfer of a licence, or refuses an approval under section 35, the proposed transferor or transferee, or the licensee or permittee, as the case requires, may, within the period of 21 days from the date of the refusal, or within such further period as the Court of Petty Sessions, on application made
before or after the expiration of that period, allows, appeal to the Court of Petty Sessions against the refusal. " (4) Where the Authority refuses to make a re-determination, the applicant may, within a period of 21 days from the date of the refusal or within such further period as the Court of Petty Sessions, on appli cation made before or after the expiration of that period, allows, appeal to the Court of Petty Sessions against the refusal.
" (5) Jurisdiction to hear and determine appeals under this section is vested in the Court of Petty Sessions.
" (6) An appeal under this section shall be in the nature of a
re-hearing.
" (7) The Authority shall be the respondent on the appeal.
" (8 ) The court hearing the appeal may—
(a) affirm, set aside or vary the decision of the Authority;
(b) give such judgment as to the court seems proper; and
(c) make such other order as justice requires.
" 3 3 . (1) The Authority may, from time to time, issue a temporary Vendor's Permit to the holder of a Vendor's Licence.
" (2) The Authority shall not issue a temporary permit unless the Authority is satisfied that its issue is necessary to prevent disruption of the delivery of milk or to restore the service of the delivery of milk. " (3) The holder of a temporary permit may deliver milk in the
area, zone, part of an area, or part of a zone, specified in the permit, during the period specified in the permit, subject to the conditions specified in the permit.
" (4) The Authority shall not specify in a temporary permit a condition other than a condition subject to which the Authority may issue a Vendor's Permit or Vendor's Licence under this Ordinance.
" (5 ) For the purposes of sections 27 and 28, the holder of a temporary Vendor's Permit shall be deemed to be the holder of a Vendor's Permit.
" 34. (1) The holder of a Vendor's Licence or Vendor's Permit may, by instrument in writing served on the Authority, surrender the licence or permit.
" (2) Where a licence or permit is surrendered, the Authority may call for applications under section 23 or 25, as the case requires, in respect of the zone or area to which the licence or permit related.
" 35. (1) Where the holder of a licence or permit fails, without the approval of the Authority, to sell or deliver milk in accordance with the licence or permit for a period exceeding 3 consecutive days, the licence or permit is, by virtue of this section, cancelled.
" (2) The Authority shall grant approval for the purposes of sub section (1) where the Authority is satisfied that, by reason of the health of the licensee or permittee, or for other personal reasons given by the licensee or permittee, approval should not be withheld.
| " (3) Where a licence or permit is cancelled by virtue of this section, the Authority may call for applications under section 23 or 25, as the case requires, in respect of the zone or area to which the licence or permit related. |
" 36. The holder of a licence or permit shall not, except with the consent in writing of the Authority, employ a person in any capacity in the business in respect of which his licence or permit was granted, knowing that the person—
(a)
is a person whose application for a licence or permit has been refused; or
(b)
is a person whose licence or permit has been revoked otherwise than by reason that he ceased to carry on the business in respect of which his licence or permit was granted.
Penalty: $200.
" 37. (1 ) The holder of a licence or permit shall not permit another person to have possession of his licence or permit with the intent that that other person shall represent himself as the holder of the licence or permit.
" (2) A person shall not obtain a licence or permit through a false or misleading statement or by misrepresentation.
Penalty: $200.
" 3 8 . The holder of a licence or permit shall, within 24 hours after being so requested by the Secretary to the Authority, an inspector under this Ordinance, a member of the Police Force or an inspector under the Dairy Regulations, produce his licence or permit for inspection by the Secretary to the Authority, member of the Police Force or inspector.
Penalty: $20.
" 3 9 . A person to whom a licence or permit is issued shall acknow ledge in writing the receipt of the licence or permit.
" 40. A document purporting to be a certificate under the hand of the Secretary to the Authority and stating that a person named in the document was or was not on a date or dates or during a period mentioned in the document the holder of a licence or permit is, in all courts and before all persons and bodies, authorized to receive evidence, evidence of the matters so stated.
" 4 1 . (1) A document required by this Ordinance to be given to, or served upon, the holder of a licence or permit may be given or served by leaving it at a place specified in his licence or permit as the place or the principal place at which he carries on business under the licence or permit.
" (2) A document required by this Ordinance to be given to or
served on an applicant for a licence or permit or another personmay be given or served by sending it by post to the person at his last-
known place of residence. " PART IV—ZONING OF M I L K VENDORS " 42. The holder of a Vendor's Licence or Vendor's Permit shall not carry on the business of the sale or delivery of milk elsewhere than within the zone or developing area, as the case may be, for the time being the subject of his licence or permit, as the case may be.
Penalty: $200.
" 4 3 . (1) The Authority may, from time to time, for the purposes of the home delivery of milk to residential premises, declare an area of land in the Territory to be a developing area or a developed area.
" (2) The Authority shall not declare an area to be a developed area unless the density of residential buildings in the area is such that, in the opinion of the Authority, a vendor's zone of a viable size can be established.
" 44. (1) The Authority may, at any time, determine an area of the Territory that is not then included in a developed area to be a developing area in respect of a Vendor's Permit.
" (2) Subject to sub-section 43 ( 2 ) , the Authority may, on deter mining or re-determining a zone, incorporate in the zone the whole or part of a developing area.
" 4 5 . (1) The Authority may, from time to time, declare an amount to be the minimum annual gallonage in respect of all zones in the Territory.
" (2) The Authority shall, in making a determination or re-determination under section 46, so determine or re-determine the size of each zone that the annual gallonage to be distributed by a vendor in a zone is not less than the amount declared by the Authority
| under sub-section | ( 1 ) . |
" 46. (1 ) Subject to this section, the Authority shall, on receipt of an application under section 31 for the transfer of part of a zone, re-determine the zone.
" (2) The Authority may, from time to time, re-determine a zone
or zones.
" (3) Before making a re-determination under this section, the Authority shall, by instrument in writing served on each holder of a licence or permit in respect of the zones affected by the re-determination, require him, within such period as is specified in the instrument, to make a return in accordance with such form as the Authority approves, showing—
(a) the places in the zone in respect of the licence, or pro visional area in respect of the permit, at which he carried on his business of the retail sale of milk or the delivery of milk intended for retail sale during the period of two months immediately preceding a date specified in the instrument; (b)
the average daily amount of milk in gallons so sold or delivered during that period;
(c) the number of persons engaged daily in that sale or delivery during that period; (d) the types of packaging of milk so sold or delivered during that period; (e) the number of hours taken daily so to sell or deliver the milk (not including the time taken travelling between the processing plant or depot and the zone or provisional area); and (f) such other information as the Authority requires by the instrument.
" (4) The Authority shall take into account the information con tained in the returns made under sub-section (2) in re-determining the zone or zones.
" (5 ) Where the Authority makes a re-determination under this sec tion, it shall endorse on the licence issued in respect of the former zone the area of the re-determined zone in respect of which the licence is now in force.".
15. Section 47 of the Principal Ordinance is amended—
(a)
by omitting from sub-section (1) the words "and pro visional areas ";
(b)
by omitting from sub-section (2) the words " and pro visional a reas" ; and
(c)
by omitting from that sub-section the words " or until after the hearing of any objection under the next succeed ing section, whichever is the later".
1 6 . Section 48 of the Principal Ordinance is repealed.
1 7 . Section 49 of the Principal Ordinance is repealed and the following sections substituted:—
" 49. A person who, at the date of commencement of section 9 of the Milk Authority Ordinance 1975, is the holder of a Vendor's Permit issued under the Milk Authority Ordinance 1971-1974 shall, for the purposes of this Ordinance, be deemed to be the holder of a Vendor's
Licence issued under the Milk Authority Ordinance 1971-1975. " 49A. A person shall not fail or refuse to comply with a provision of this Ordinance.
Penalty: $200.".
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