Milk (Investigation) Act 1936 (NSW)

MILK (INVESTIGATION) ACT.

Act No. 7, 193G.

An Act to provide for the conduct of an investi- gation into the administration of the Milk Act, 1931, and certain other matters; and for purposes connected therewith. [Assented to, 8th April, 1936.]

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

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

Act, 1936."

2 . (1) The Governor may appoint a person to be the

investigator for the purposes of this Act.

(2) The investigator may be paid such remunera- tion £ou his services as investigator as the Governor may determine.

•B 3 .

3. (1) I t shall be the du ty of the inves t iga tor t o conduct an invest igat ion in to—

(a) the adminis t ra t ion of the Milk Act , 1931;

(b) the resu l t an t effects of such admin i s t ra t ion ;

(c)	the activities of the Milk Board and of its. officers, se rvan ts and employees ;
(d)	the activities of authorised agents as defined in the Milk Act, 1931.

(2) Wi thou t pre judice to the general i ty of sub­

section one of this section it shall be the duty of the-

invest igator to inves t iga te—

(a)	the policy, principles and methods adopted by the Milk B o a r d in the exercise and discharge of any power, au thor i ty , du ty or function con­ fer red and imposed on it by subsections one , two and three of section twenty- three of the Milk Act, 1931;
(b)	the extent to which the Milk Board has exer­ cised or discharged or has re f ra ined from exer­ cising or d ischarging any of such powers , author i t ies , dut ies or functions, and the r ea sons of the Milk B oa r d for so exercising or d i scharg­ ing or so re f ra in ing from exercising or dis­ charg ing the same.

(3) The inves t iga tor shall within four months a f t e r

the da te of h is appoin tment , or wi thin such fu r the r per iod as the Governor m a y allow, p resen t to the Gover­ no r a r epo r t upon the m a t t e r s which he is requi red b y this Act to invest igate .

(4) The r epo r t shall include a s ta tement setting-

out the na tu r e and extent of the amendments (if any)

which, in the opinion of the inves t iga tor , should be m a d e	in the law governing m a t t e r s deal t with in the Milk
Act, 1931.
(5) A copy of the r e p o r t of the inves t iga tor shall bo laid upon the table of each House of P a r l i a m e n t
within seven s i t t ing days af ter the p resen ta t ion of the
repor t if P a r l i a m e n t is then in session, and if not, then within seven s i t t ing days af ter the commencement of the next session.

If in his absolute discret ion the inves t iga tor th inks

fit he m a y conduct the invest igat ion unde r th is Act or any
p a r t of such invest igat ion, e i ther publicly or otherwise.

4.

5 . For the purposes of any investigation under this Act the investigator shall have the powers, authorities, protections and immunities conferred on a commissioner by Division 1 of Part I I of the Eoyal Commissions Acts, 1923-1934, and shall be deemed to be a sole com- missioner within the meaning of that Division.

The provisions of the Eoyal Commissions Acts, 1923- 1934, with the exception of section thirteen and of Division 2 of Par t II , shall mutatis mutandis apply to the investigation and to any Avitness or person summoned by or appearing before the investigator.