Milk Supply Act 1977 (Qld)

323 Q ueeml ANNO VICESIMO SEXTO ELIZA. ET H A.E SECUNDA E REGIN A E No. 36 of 1977 Act to consolidate and a m end the law relating to the production, collection, trea tm ent , ca rr iage , supply, delivery, storage, preservation, distribution, sale and use of m ilk , crea m and other dairy products and for m atters incidental thereto [ASSENTED TO 23RD SEPTEMBER, 1977] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent Qf the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title. This Act may be cited as the Milk Supply Act 1977. 2. Commencement . This Act shall commence on a date appointed by Proclamation. 3. Arrangement . This Act is arranged as follows:- PART I-PRELIMINARY, SS. 1-6; PART II-QUEENSLAND MILK BOARD, ss. 7-64; Division I-Constitution, Composition, Business and Proceedings; Division II-Functions and General Powers; Division III-Specific Powers;

324 Milk Supply Act 1977, No. 36 Division IV-Licensing Provisions; Division V-Funds and Accounts; Division VI-Borrowings of Board; Division VII-Milk Sales Promotion Advisory Committee; PART III-MILK ENTITLEMENTS COMMITTEE, ss. 65-89; PART IV-MILK APPEALS TRIBUNAL, ss. 90-105; PART V-SUPPLY OF PASTEURISED MILK AND CREAM WITHIN PRESCRIBED LOCALITIES, ss. 106-115; PART VI-GENERAL PROVISIONS, SS. 116-132. SCHEDULES 4. Repeals and savings. (1) The Acts set forth in the first schedule (in this Act referred to as the " repealed Acts ") are repealed. (2) (a) Every order, requirement, direction, consent, licence, registration, certificate, approval, assessment, determination, notice, prohibition, delegation or other act of authority made, given, granted, issued, done or otherwise originated under the repealed Acts and in force or subsisting immediately before the commencement of this Act shall continue in force as if it were made, given, granted, issued, done or otherwise originated under this Act until it expires by efliuxion of time or is revoked, cancelled, suspended or surrendered under this Act. (b) Every agreement, contract or arrangement entered into by any person under the repealed Acts and subsisting immediately before the commencement of this Act shall be deemed to be an agreement, contract or arrangement entered into under this Act and may be performed by or enforced. against that person according to its terms as if this Act had not been passed. -(c) Every action or legal proceeding arising out of or taken with respect to any matter under the repealed Acts which action or proceeding was commenced before the commencement of this Act and is not completed at that date may be carried on and completed as if this Act had not been passed. (d) Every person who at the commencement of this Act holds an office or position to which he was appointed under or for the purposes of the repeated Acts shall continue to hold that office or position or the corresponding office or position under and for the purposes of this Act until he vacates or is lawfully removed from that office or position and where such office or position has been held immediately before the commencement of this Act under, subject to and in accordance with the Public Service Act1922-1976, that office or position or the corresponding office or position shall be and continue to be held under, subject to and in accordance with'such lastmentioned Act. (e) All fees prescribed by or under the repealed Acts to be paid shall be deemed to have been prescribed by or, as the case may be, under this Act and shall be payable as prescribed from time to time. 5. Crown not bound . (1) This Act does not bind the Crown. (2) The Board or any other body constituted under this Act does not represent the Crown.

Milk Supply Act 1977, No. 36 325 6. Interpretation . In this Act, save where a contrary intention appears- "Appeals Tribunal " means the Milk Appeals Tribunal constituted under this Act; " Board " means the Queensland Milk Board constituted under this Act; " Committee " means the Milk Entitlements Committee constituted under this Act; " cream " means cream other than cream used in the manufacture of butter; dairy " means land, premises, buildings, or structures of any kind used in connexion with the production of milk; " dairy product " means milk, cream or other substance declared by Order in Council to be a dairy product for the purposes of this Act; " Director-General " means the Director-General of the Department of Primary Industries and includes a person for the time being performing the duties of the Director- General; It entitlement " means market milk entitlement; "holder " used in relation to a licence means a person who at the material time holds that licence; " licence " means a licence granted and issued under this Act in force at any material time: the term includes a renewal or transfer of a licence and every endorsement on or attached to a licence; " liquid milk " means whole milk whether or not treated that is used for consumption as a liquid by humans; " market milk " means milk used for consumption as a liquid by humans and includes liquid milk, modified milk, standardized milk, recombined milk, UHT milk and other dairy product declared by Order in Council to be market milk: the term does not include milk used for the manufacture of butter, cheese, concentrated milk, condensed milk, dried milk, evaporated milk, skim milk or whole milk powder; " market milk entitlement "- (a) when used in relation to a processor, means that quantity of milk for which the processor is required to re-imburse its producers at market milk prices as determined by the Board; (b) when used in relation to a producer, means a portion of the processor's entitlement determined by the Committee as prescribed ; " milk " means the lacteal fluid product of an animal; Minister " means the Minister for Primary Industries or other Minister of the Crown who, at the material time, is charged with the administration of this Act and includes a Minister of the Crown who is temporarily performing the duties of the Minister; modified milk " means milk that contains varied levels of fats, solids non fat, sweeteners, stabilizers or other additives permitted by regulations under the Health Act1937-1976;

326 Milk Supply Act 1977, No.. 36 " person " includes a company, partnership, firm or other body of persons corporate or unincorporate; " processor " means the occupier of premises other than a dairy at which milk, cream or other dairy product is treated and includes a person declared by Order in Council to be a processor; "recombined milk " means milk resulting from the combination of milk fat and milk fat solids non fat in one or more of their different forms with water; sell " means sell by wholesale or retail and includes auction, barter, exchange or supply for profit or cause, suffer or allow or attempt any of those acts, offer for sale or attempt to sell, supply or receive for sale, send, for ward or deliver for or on sale, cause, suffer or allow to be: sold or offered for sale, dispose or offer for disposal under a lease or hire purchase agreement: the term also includes, in relation to dairy products for consumption by humans, supply or give away as a means of advertisement or cause, suffer or allow to be supplied or given away for that purpose; " standardized milk " means milk to which has been added condensed milk, concentrated milk, desiccated milk, dried- milk or milk powder or water or any colouring agent, preservative or other substance: the term includes whole milk from which has been extracted any of its original constituents; " treat " in relation to dairy products includes examine, cleanse, pasteurise, separate, test, grade, refrigerate, bottle or pack; " UHT milk " means milk that has been treated at a t riperature of at least 132 degrees Celsius for a period of at least one second using direct heat with steam or indirect heat in an approved process to assure preservation and is immediately thereafter aseptically packed in an hermetically sealed container; " use " in relation to milk or cream includes use or intended use by a person for any purpose and consumption or intended consumption; utter " includes use, deal with or act upon or attempt so to do, or attempt to induce any person to use, deal with or act upon the thing in question as if it were genuine; " vehicle " includes any aircraft, caravan or trailer. PART Il-QUEENSLAND MILK BOARD D ivision I ConStitution, C 0117pOSition, Business and P roc eedings 7. Constitution. (1) The Brisbane Milk Board constituted under The Milk Supply Act of 1952 is preserved, continued in existence and constituted under this Act under the name " Queensland Milk Board ". (2) The Board by the name and style conferred upon it by subsection (I) shall be a body corporate and shall have perpetual succession and a common seal and, for the purpose of carrying out the objects and purposes of this Act, shall be capable in law of suing and being sued and of taking, -acquiring, holding and disposing of land and

Milk Supply Act 1977, No. 36 327 other property, of granting and taking leases of land and other property and of doing and suffering all such other acts and things as bodies corporate may in law do and suffer. (3) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Board affixed to a document and shall presume that it was duly affixed. (4) The Board shall have and may exercise such - and authorities and shall perform such functions and duties as are conferred or imposed upon it by or under this Act. 8. Composition . The Board shall consist of 10 members appointed by the Governor in Council by notification published in the Gazette, of whom- (a) one shall be a person nominated by the Minister, who shall be chairman; (b) one shall be the Director-General for the time being or his nominee appointed in writing, who shall be deputy chairman; (c) three shall be persons representative of producers, nominated by the Minister from a panel of the names ,of prescribed persons submitted in the manner prescribed; (d) three shall be persons representative of processors, nominated by the Minister from a panel of the names of prescribed persons submitted in the manner prescribed; (e) one shall be a person representative of vendors, nominated by the Minister from a panel of the names of prescribed persons submitted in the manner prescribed; (f) one shall be a person representative of consumers, nominated by the Minister. 9. Cessation of office of members of The Brisbane Milk Board. The Governor in Council, by notification published in the Gazette, may declare a day on and from which the appointments of persons as members of The Brisbane Milk Board shall cease and upon the commencement of that day the terms of office of those members shall cease accordingly. 10. First constitution of Board. The Board shall be first constituted upon the commencement of the day notified in accordance with section 9 and the appointment of the total number of members of the Board shall be made on or before that date. 11. Tenure of office. (1) A member of the Board shall be appointed and hold office for a term of three years but if by the expiration of that term his successor has not been duly appointed, he shall, subject to this Act, hold office until his successor is duly appointed. (2) The terms of office of the members who first constitute the Board shall commence upon the commencement of the day notified in accordance with section 9. (3) The terms of office of the members who subsequently constitute the Board shall commence on the day on which their appointments take effect. (4) A member of the Board shall, if he is otherwise qualified, be eligible for re-appointment as a member.

328 Milk Supply Act 1977, No. 36 (5) The Governor in Council may at any time remove. a member of the Board from Office as a member by notification published in the Gazette. 12. Disqualification from and vacation of office. (1) A person who- (a) is an undischarged bankrupt or otherwise takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; (b) has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland in respect of an act or omission that if done or made by him in Queensland would have constituted an indictable offence; or (c) is a patient within the meaning of the Mertal Health Act 1974, shall not be capable of being or continuing to be a member of the Board. (2) The office of a member of the Board shall become vacant if the member- (a) dies; (b) becomes incapable of continuing as a member; (c) is absent without prior leave of absence granted by the Board from three consecutive meetings of the Board of which due notice has been given to him; (d) resigns his office as a member by writing signed by him furnished to the Minister; (e) ceases to be qualified as a member; (f) is removed from office as a member by the Governor in Council. 13. Casual vacancies . (1) When a casual vacancy occurs in the office of a member of the Board during the term of office of the members then. constituting the Board, another person shall be appointed in accordance with section 8, to fill that vacancy. (2) A person appointed to fill a casual vacancy shall be appointed and hold office for the balance of the term for which his predecessor was appointed and shall, if otherwise qualified, be eligible for re-appointment as a member of the Board. 14. Deputies of members . (1) The Governor in Council may at any time appoint persons who are not members of the Board 1o be deputies of the several members of the'Board. (2) A person appointed as a deputy of a member of the Board shall, in the absence of the member whose deputy he is, attend any meeting of the Board in the absence of that member and whilst so attending shall' have and may exercise the powers and authorities and shall perform the functions and duties of a member of the Board. 15. Meetings . (1) The Board shall meet as often as is necessary for the exercise of its powers and the performance of its functions at such times and places as it determines and at the least once in each quarter. The chairman or deputy chairman of the Board may at any time convene a meeting.

Milk Supply Act 1977, No. 36 329 (2) Notice of every meeting or adjourned meeting, save a meeting adjourned to a later hour of the same day on which it was appointed to be held, shall be in writing and shall be given by the chairman to every member of the Board at least seven days prior to the, date appointed for the meeting. A notice of a meeting or an adjourned meeting may be given to a member of the Board by prepaid post letter addressed to.his place of business or residence last known to the chairman. (3) The members present at a meeting of the Board may at any time adjourn the meeting. If a quorum is not present at a meeting of the Board within 15 minutes after the time appointed for the commencement of the meeting, the member or members present or the majority of them if more than two are present or the secretary to the Board if no member is present or if the members present are equally divided on the issue may adjourn the meeting to a time and date not later than seven days after the date of the adjournment. This subsection shall be read and construed so as not to prevent the adjournment of a meeting to a later hour of the same day on which the meeting was appointed to be held. 16. Procedure at meetings . (1) The chairman shall preside at all meetings of the Board at which he is present and in his absence the deputy chairman if present shall preside. If both the chairman and deputy chairman are absent from a meeting, a member of the Board elected by members present at that meeting from amongst those present (if they constitute a quorum) shall preside. A member of the Board elected to preside at a meeting, whilst so presiding, shall have and may exercise the powers and authorities and shall perform the functions and duties of the chairman. (2) A quorum shall consist of a majority of the total number of members of the Board for the time being holding office as members of the Board and business shall not be conducted at a meeting of the Board unless a quorum is present. 17. Conduct of affairs. (1) The Board shall exercise or perform a power, authority, function or duty by the majority vote of its members present at the meeting and voting on the business in question. (2) The chairman of the Board has a deliberative vote and also, in the event of an equality of votes on any question, a casting vote. (3) A member of the Board who, being present at a meeting and eligible to vote, abstains from voting on any question shall be taken to have voted for the negative. (4) Subject to this Act, the Board shall conduct its business generally and proceedings at meetings in such manner as it determines from time to time. 18. Minutes . The chairman shall cause to be kept a record of all decisions of the Board whether made at a duly constituted meeting or by reference in writing and that record shall be presented to a subsequent meeting of the Board for confirmation as to its correctness and shall be signed by the chairman and thereupon shall form part of the minutes of that meeting.

330 Milk Supply Act 1977, No. 36 19. Custody and affixing of seal. The common seal of the Board shall be kept in the custody of the secretary to the Board or, where there is a temporary vacancy in that position, of the chairman. The common seal shall be affixed to a document only in pursuance of a resolution of the Board and by the person having the custody of the seal in accordance with this Act. Where that person is the secretary to the Board, the common seal shall be affixed in the presence of the chairman. 20. Authentication of documents . Save where it is by this Act otherwise provided, a document made or issued by the Board for the purposes of this Act shall be sufficiently authenticated if it is made or, as the case may be, signed by the chairman or the secretary to the Board at the chairman's direction. 21. Validity of acts . Any act, proceeding, decision or determination of the Board is not invalid or unlawful by reason only of any defect in the qualification, membership or appointment of any member thereof or a vacancy in the membership of the Board at the time of that act, proceeding, decision or determination. 22. Appointment of officers and other employees . (1) The Board shall appoint and at all times have a secretary. (2) The Board shall appoint a secretary when and as often as a vacancy occurs in that office and may appoint and employ such administrative and technical officers, inspectors, clerks and other employees to administer this Act or to carry this Act into effect or to carry on any business pursuant to this Act. (3) Persons employed by the Board in accordance with this section shall be paid salary or wages at the rate fixed by an industrial award or agreement applicable to their employment or, if there is no such award or agreement, at a rate fixed by the Public Service Board of the State. 23. Superannuation scheme . The Board- (a) may contribute to or maintain any superannuation or provident schemes established at the commencement of this Act for the benefit of employees of The Brisbane Milk Board or their dependants; (b) may establish, contribute to, maintain or join in establishing, contributing to or maintaining such superannuation or provident schemes as it thinks fit for the benefit of its employees or their dependants; (c) may vary or join in varying a superannuation or provident scheme to which it contributes or that it maintains, either alone or with others, whether the scheme was established before or after the commencement of this Act. 24. Remuneration to members . A member of the Board shall be paid such fees, allowances and expenses in respect of the performance of his duties as a member as are prescribed.

Milk Supply Act 1977, No. 36 331 Fees, allowances and expenses may differ in respect of different members of the Board according to class of payment, rate or position held on the 'Board. 25. Unlawful payment to or by member of Board . (1) A person who, being a member of the Board- or the holder of any office or employment under this Act, without lawful authority demands or receives from another person any payment, gratuity or gift in consideration of doing or omitting any act or thing pertaining to his office or employment commits an offence against this Act. (2) A person who without lawful authority offers, makes or gives to a member of the Board or the holder of any office or employment under this Act any payment, gratuity or gift in consideration of the doing or omitting by that member or holder of some act or thing pertaining to his office or employment commits an offence against this Act. 26. Orders, directions and the like. (1) Any order, requirement, direction, determination, prohibition or notice made, given or issued by the Board under this Act- (a) may be made, given or issued so as to apply to- (i) any person or persons or any person or persons included in any class or classes of persons specified therein or persons generally; (ii) milk, cream or other dairy product or part thereof included in any class, grade or description of milk, cream or other dairy product specified therein or milk, cream or other dairy product generally; (iii) any premises or vehicle or any premises or-Vehicles included in any class of premises or vehicles specified therein or to premises or vehicles generally; (b) may be made, given or issued so as to apply generally or to or in any district, zone or area within the State; (c) may make different provisions with respect to different qualities, classes, grades or descriptions of milk, cream or other dairy product or in respect of different purposes for which milk, cream or other dairy product is intended for use; (d) may exempt- (i) any person or persons or any person or persons included in any class or classes, of persons specified therein; (ii) milk, cream or other dairy product milk or part thereof included in any class, grade or description _of milk, cream or other dairy product specified therein; (iii) any premises or vehicle or any premises orvehicles included in any class of premises or vehicles specified therein; (iv) any district, zone or area within the State, from the operation of all or any of the provisions thereof; (e) may contain such incidental or supplementary provisions as are considered necessary or desirable for the purposes thereof. (2) Save as otherwise prescribed, an order, requirement, direction, determination, prohibition or notice made, given or issued by the Board under this Act may be published in the Gazette, advertised in a newspaper determined by the Board or given in writing to the person concerned.

332 Milk Supply Act 1977,. No. 36 Division II-Functions and General Powers 27. Functions . (1) Subject to this Act, the functions of the Board are- (a) to take all such steps as are . necessary to ensure that an adequate supply of milk, cream and other dairy products of an acceptable standard is available in sufficient quantities to meet all reasonable demands throughout the State or within prescribed localities; (b) to take such steps as it considers necessary to promote and encourage the use of milk, cream and other dairy products including, but without limiting the generality of this provision, the publication of such reports, information and advice with respect to the production, collection, treatment, carriage, supply, delivery, storage, preservation, distribution, sale and use of milk, cream and other dairy products as it thinks fit; (c) generally, to regulate and control the production, collection, treatment, carriage , supply, delivery, storage, preservation, distribution and sale of milk, cream and other dairy products for use in the State or elsewhere; (d) foi the more effective implementation of this Act, to establish districts, zones and areas throughout the State; (e) to devise and promote improved methods of production, collection, treatment, carriage, supply, delivery, storage, preservation, distribution and sale of milk, cream and other dairy products; (f) to define, regulate and control the method, extent and conditions of production, collection, treatment, carriage, supply, delivery, storage, preservation, distribution, sale, packaging and labelling of milk, cream and other dairy products for use in the State or elsewhere; (g) to devise and promote means for the prevention and elimination of unhygienic, wasteful or unnecessary agencies, methods, practices, costs or charges in connexion with the production, collection, treatment, carriage, supply, delivery, storage, preservation, distribution and sale of milk, cream and other dairy products; (h) to establish and maintain and assist in the establishment and maintenance of laboratories for the chemical, physical, bacteriological or pathological analysis or examination of milk, cream or other dairy products; (i) to call for artd obtain such information or returns fror, producers, processors and vendors as are prescribed or so far as not prescribed as, in the opinion of the Minister, are necessary or desirable for the effectual administration of this Act ; (j) to take or purchase or cause to be taken or purchased in the prescribed manner samples of milk, cream or other dairy products and for this purpose to cause to be entered any premises or vehicle and to be inspected plant or equipment thereon or therein used or suspected to be used in connexion with the production, collection, treatment, carriage, supply, delivery, storage, preservation, distribution or sale of milk, cream or other dairy products;

Milk Supply Act 1977, No. 36 333 (k) to appoint processors and other persons to act as agents of the Board and require a person so appointed to keep such books and records as are prescribed in such manner and form as are prescribed; (1) to purchase or otherwise acquire such stock, plant,. equipment, containers and vehicles as are necessary to enable the Board to perform and carry out its functions and to hire, sell or otherwise dispose of stock, plant, equipment, containers or vehicles so acquired; (m) with the consent of the Minister- (i) to purchase or take on lease such lands and premises as the Board considers necessary for the purposes of this Act and to mortgage, sell or otherwise dispose of such lands and premises; (ii) to erect such buildings and install such plant and equipment as the Board considers necessary or desirable on land owned or occupied by the Board; (iii) to support financially or in any other way any organization promoting or seeking to promote the interests of the dairying industry and dairy farmers in the State; (n) to report to and confer with the Minister on any matter affected by or having relation to the objects for which the Board is constituted or the Board's carrying out and giving effect to this Act and make such recommendations thereon as the Board considers desirable. (2) The Board may, as a function, but with the consent of the Minister first had and obtained establish, maintain, manage, conduct and operate the business of a processor or vendor. For the purposes of carrying out this function, the Board- (a) may purchase and sell or otherwise dispose of milk, cream or other dairy products; (b) may manufacture, distribute and sell milk, cream or other dairy products, other foodstuffs or ice; (c) may separate cream from milk and sell or otherwise dispose of cream so separated; (d) may sell or otherwise dispose of any product resulting from the separation of cream from milk or from the manufacture of dairy products; (e) may enter into contracts or arrangements with respect to the purchase and sale or other disposal by the Board of milk, cream, other dairy products, other foodstuffs or ice; (f) may manage and control all matters in connexion with the collection, treatment, carriage, handling, storage, distribution and sale of milk, cream or other dairy products purchased, sold or otherwise disposed of by the Board. 28. General Powers. Subject to' this Act, the Board shall have and may exercise such powers and authorities as are necessary or desirable to allow the performance by it of its functions or any of them. 29. Committees. (1) The Board may form committees of its members and delegate to such committees such of its powers, authorities, functions or duties as it thinks fit upon such terms and conditions and for such times as it thinks At.

334 Milk Supply Act 1977, No. 36 (2) The Board may , with the consent of the Minister first had and obtained , select persons , whether or not members of the Board and form committees consisting of those persons to carry out within specified localities of the State such powers , authorities , functions and duties of the Board as the Board thinks fit. Division III-Specific Powers 30. Vesting of milk or cream in Board . (1) The Governor in Council, upon the recommendation of the Board, may by Order in Council declare that all or any part of milk or cream produced in any locality of the State specified in the Order shall vest in and become the property of the Board. (2) On and from the date specified in an Order in Council made under this section and while the Order continues in force, all milk or cream the subject of the Order shall vest in and become the property of the Board. (3) An Order in Council made under this section- (a) may provide that the vesting of all or part of the milk or cream in the Board is subject to compliance with such conditions or requirements as are specified in the Order; (b) may exempt from the Order and the operation of this section any milk or class or classes of milk or cream specified in the Order; (c) may provide for such other matters or things as the Governor in Council thinks necessary or desirable. (4) For the purposes of sections 31, 32 and 33, the term " milk includes cream. 31. Delivery and acceptance of milk . (1) On and from the date specified in an Order in Council made under section 30 and while that Order continues in force, all milk vested in the Board to which the Order relates shall be delivered to the Board in accordance with the provisions of this section. (2) For the purposes of this section, the Board shall determine- (a) the places to which milk shall be delivered and at which milk shall be accepted by the Board; (b) the periods during which milk may be so delivered and accepted ; (c) such other matters and things as are prescribed. (3) On and from the date specified in an Order in Council made under section 30 and while that Order continues in force- (a) a person shall not supply, sell, deliver or otherwise dispose of to a person other than the Board any milk vested in the Board; (b) a person other than the Board shall not knowingly buy or accept milk vested in the Board. (4) Milk delivered to and accepted by the Board under this section may be disposed of by the Board to such persons in such manner and upon such terms and conditions as the Board determines. (5) Milk delivered to the Board under this section shall be delivered in the name of the producer by whom the milk was produced save where milk is delivered by a processor in such manner as to render impossible identification of that milk or part thereof as the property of a particular producer in which case the milk shall be delivered in the name of that processor.

Milk Supply Act 1977, No. 36 335 A person who contravenes or fails to comply with this subsection commits an offence against this Act. (6) The Board shall, in respect of all milk delivered to it under this section, pay each producer and processor in whose name the milk was delivered an amount calculated according to the minimum or, as the case may be, maximum price fixed and declared for that milk by the Board under this Act. (7) The Board shall, out of the proceeds of all milk disposed of by the Board under this section, after making the payments provided for in subsection (6)- (a) make provision for- (i) expenses incurred by the Board in the carriage, treatment, storage, distribution and sale of the milk; (ii) costs, charges and expenses of the administration of this section by the Board; (iii) reduction or liquidation of amounts necessary to repay advances and to provide a sinking fund in respect of any loan or loans raised by the Board for the purpose of enabling the Board to exercise and discharge its powers, authorities, functions and duties under this section and to provide for payment of the interest payable in respect of such advances and loans; (b) make the payments to each producer and processor provided for in subsection (8). (8) Where in respect of a period determined by the Board, the Board, out of the proceeds of the sale of milk delivered by producers and processors under this section- (a) has made the payments specified in subsection (6); (b) has made such provision for the matters specified in subsection (7) as the Board thinks reasonable in respect of the milk so delivered, the Board shall distribute amongst such producers and processors, subject to advances made to or arranged for them in accordance with subsection (11), in proportion to the quantity of milk so delivered by each of them to the Board during such period, so much of the balance, if any, of such proceeds as the Board determines to be available for distribution. (9) For "the purpose of ascertaining the price to be paid to a producer or processor for milk delivered to the Board, the decision of the Board as to- (a) the class, grade, quality or description of the milk; (b) the quantity of the milk delivered; (c) the conditions of production, collection, treatment, delivery or storage of the milk; or (d) the purpose for which the milk is used, shall be final and conclusive. (10) Where milk produced under a share-farming agreement or partnership agreement is delivered to the Board under this section, the Board, in its discretion, may make payments to each of the parties to the agreement in accordance with their respective interests in the milk delivered.

336 Milk Supply Act 1977, No. 36 (11) The Board may make or arrange advances on account of milk delivered to the Board under this subsection to producers and processors in whose names the milk was delivered. Such advances may be made at any time in such manner and shall be subject to such terms and conditions as the Board determines. 32. Variation of contracts following vesting of milk in Board. (1) very cogtract for the sale and purchase of milk whether made before, on or after the date specified in an Order in Council made under section 0 so far as that contract relates to milk subject to that Order shall be void and of no effect as from the date on which the contract was made save so far as that contract has been completed by delivery on or before the date of publication of the Order. (2) Notwithstanding subsection (1), the provisions of any contract referred to therein shall, for the purposes of this section, be deemed to be severable to the extent that any provision of that contract not inconsistent with the Order in Council shall be and continue to be a valid provision and shall be enforceable by and against the respective parties thereto as if the Order in Council had not been made. (3) A contract or transaction...xelating, to milk that is the subject of a contract or part thereof declared by this section to be void shall in like manner be void and of no effect to a corresponding extent and moneys paid thereunder or in respect thereof shall, to the extent to which the contract or transaction is void, be repaid to the person who paid them. 33. Limitation of proceedings against Board . (1) (a) Subject to this subsection, a proceeding shall not be brought against the Board or any person acting under the authority of the Board by any person claiming to be entitled to a bill of sale, charge, lien or other encumbrance of any kind on or over any of the milk vested in the Board under section 30 or claiming to be the true owner of the milk as against the producer or processor who delivered the milk to the Board. (b) Subject to paragraph (a), a person who, but for this subsection, might have brought such proceeding may adopt the delivery of milk to the Board as a delivery by him and may claim accordingly for an account of the payments due in respect thereof and recover the amount due in a court of competent jurisdiction as a debt due to him by the Board. (c) Notwithstanding any other Act or law, a person referred to in paragraph (b)- (i) is not entitled to claim an account until he has given the prescribed notice in writing to the Board containing the prescribed particulars of 'the bill of sale, charge, lien or other encumbrance or claim of ownership; (ii) is not entitled to recover any part of the amount found due on the taking of the account that has already been paid to another person at the time of receipt by the Board of the notice referred to in subparagraph (i). (2) (a) A producer or processor who is required to deliver to the Board milk vested in the Board which milk is subject to a bill of sale, charge, lien or other encumbrance or in respect of which he has entered into a contract in derogation of his title to supply the milk as the absolute owner thereof shall give to the Board, prior to the making of the delivery, the prescribed notice in writing containing the prescribed particulars of every such bill of sale, charge, lien or other encumbrance.

Milk Supply Act 1977, No. 36 337 (b) A producer or processor who knowingly contravenes or fails to comply with this subsection commits an offence against this Act. (3) (a) Where the Board in good faith and without negligence has made a payment- (i) to a producer or processor who has delivered or caused to be delivered milk to the Board or a person acting under its authority; (ii) to a person entitled or claiming to be entitled through a producer or processor; or (iii) to a person on the order of a producer or processor or person specified in subparagraph (ii), the Board shall not be liable to any other person in respect of payment for the milk or any part thereof or in any action, suit, claim or demand for damages or otherwise. (b) If prior to receiving notice of claim to any payment or to the chose in action or any part thereof the subject matter of a payment the Board.has in .good faith and without negligence adjusted and settled with the producer or processor or with any person who has made a claim in accordance with subsection (1) (b) for the moneys payable thereunder, the Board shall not incur any liability to the true owner of such chose in action or part thereof or to any person claiming through, under or in trust for him. The Board shall, not be entitled to the protection provided by this subsection in respect of any moneys remaining in its hands at the time of receipt by it of notice of such claim or thereafter coming to its hands in respect of a chose in action the subject matter of such a claim. (c) This. section does not in any way prejudice or affect any rights between or amongst themselves of parties -claiming adversely to one another to be entitled at law or in equity to the chose in action the subject matter or part thereof of any claim for payment. (d) Subject to paragraph (b), the Board may plead these provisions in absolute bar of any proceeding by a producer, processor, transferee or party referred to in this section in respect of any such chose in action or part thereof. 34. Power of Board to fix and declare prices. (1) The Board, with the approval of the Minister, of its own volition or at the request of any person or persons and after such enquiries as it considers desirable, may by order fix and declare- (a) the maximum and minimum prices that shall be paid to a processor who carries on business as such or to a producer for milk, cream or other dairy product supplied by or, as the case may be, to him; (b) the maximum and minimum prices at which milk, cream or other dairy product and its container (if any) shall be sold. (2) Without limiting the generality of subsection (1) in the exercise of its powers thereunder, the Board may fix and declare- (a) different minimum prices or maximum prices (whether wholesale or retail) according to- (i) differences in quality, grade, class or description of milk, cream or other dairy product;

338 Milk Supply Act 1977, No. 36 (ii) differences in the quantity of the milk, cream or other dairy . product sold; (iii) different conditions of collection, treatment, delivery, storage or sale; (iv) the different localities in which milk, cream or other dairy product is produced or delivered, distributed or sold; (v) the different purposes for which milk, cream or other dairy product is to be used; (b) the price or prices to be paid to or charged by. a person for the collection, treatment, storage, distribution or delivery of milk, cream or other dairy product; (c) the price or prices to be paid by vendors or other persons for milk, cream or other dairy product purchased by wholesale for re-sale or for subsequent use; and (d) maximum and minimum prices according to or upon such principle or condition as the Board thinks fit. (3) In fixing and. declaring. a price, to be paid to a producer under this'section,. the Board shall have regard to the costs of production of the milk-, cream or other dairy product and, without limiting the generality of this provision, may have regard to' (a)"the incidence of-disease; (b) transportation and seasonal factors; (c) rates of allowances, approved by the Minister, to cover the producer's own labour and management and the labour of the producer's family; . {d) interest on capital employed; (e) land values and stock values. (4) (a) In fixing and declaring a price other than a price to be paid to a producer, the Board shall have regard to all relevant factors including, .but ' without limiting the generality of this provision, the cost to the processor or vendor and the effect upon consumption of any variation in the price. (b) In fixing and declaring the price to be paid for sales of milk amongst processors, the Board shall be guided by recommendations furnished by the Committee to the Board on this aspect. (5) (a) An order fixing and declaring a price or prices under this section shall be approved by the Minister and thereupon shall be published in the Gazette and shall take effect on and from the date specified for that purpose in the notification. (b) An order published pursuant to this subsection may be revoked, varied or amended in such manner as the Board thinks fit by a subsequent order approved by the Minister and so published. 35. Furnishing of information to Minister . (1) For the purpose of enabling the Minister to determine whether he should approve or refuse to approve an order by the Board fixing and declaring any price pursuant to section 34, the Board shall furnish to the Minister' all such information as he requires as to the, basis or bases on which the Board has fixed and declared that price.

Milk Supply Act 1977, No. 36 339 (2) For the purpose of enabling the Board to comply with subsection (1), the Board may require any producer, vendor, processor or other person engaged in the business of production, collection, treatment, carriage, supply, delivery, storage, distribution, purchase or sale of milk, cream or other dairy product to produce to the Board any books of account and other documents kept or prepared in connexion with such business and to furnish to the Board such other particulars in relation to the business as the Board requires. The Board may retain for a period not exceeding 28 days any book of account or other document produced pursuant to a requirement of the Board under this subsection. (3) A person who contravenes or fails to comply with any term of a requirement of the Board made pursuant to subsection (2) commits an offence against this Act. Division IV-Licensing Provisions 36. Licences. (1) The Board may grant and issue licences of the several descriptions following- (a) producer's licence; (b) processor's licence; (c) vendor's licence. (2) (a) An application for a licence under this section- (i) shall be made to the Board; (ii) shall be in prescribed form; (iii) shall contain the prescribed particulars; (iv) shall be accompanied by the prescribed fee. (b) The Board shall consider each application and may grant or refuse it. (c) Where an application is granted, the Board shall issue in respect thereof a licence. (d) Where an application is refused, the Board shall refund to the applicant the fee paid in respect thereof less such payment as the Board thinks reasonable towards the costs of considering the application. (3) A licence under this section- (a) shall be in prescribed form; (b) shall contain the prescribed particulars; (c) shall be in force for the prescribed period; (d) shall be subject to such terms, conditions or restrictions as are prescribed or so far as not prescribed as the Board in a particular case thinks fit endorsed thereon or attached thereto; (e) shall authorize the holder thereof to do such acts and things as are prescribed with respect thereto; (f) may be renewed; (g) may be transferred or surrendered; (h) may be amended, altered, varied or otherwise modified by the Board during the currency thereof.

340 Milk.. Supply Act 1977, .No. 36 37. Exemptions . Where pursuant to this Act or the regulations, exemption or conditional exemption from compliance with all or any of the provisions of this Act is granted to any person, the provisions in respect of which the exemption or conditional exemption is. granted shall, while the exemption. or conditional exemption remains in force, cease to apply to the extent provided by this Act or the regulations subject, in the case of a conditional exemption,. to the conditions imposed. 38. Offences. (1) A person shall. not purchase, supply or sell milk or cream to a processor or- vendor unless he is the holder of a producer's licence granted and issued under this Act. Penalty : $1 000. (2) A person shall not treat milk, cream or other dairy product unless he is the holder of a processor' s licence. Penalty : $1 000. (3) A person shall not purchase, supply or sell milk, cream or other dairy product or otherwise carry on the business of a vendor unless he is the holder of a vendor' s licence. Penalty : $1 000. 39. Cancellation , rev oca tion or suspension of licence . (1) The Board, at any time during the currency of a licence granted and issued under this Act by notice in writing to the holder thereof- (a) may cancel or revoke; (b) may suspend for such period as it thinks At (not exceeding the balance of the term thereof), that licence if- (c)`it was issued in error or granted in consequence of a false or fraudulent document, statement or representation; (d) the holder- (i) is convicted of an offence against this Act or against any other Act or regulation in relation.to the treatment, supply, storage, distribution or sale of milk, cream or other dairy product; (ii) fails to comply with any term or condition thereof; (iii) has been refused a licence under any Act or regulation in relation to the treatment, supply, storage, distribution or sale of milk, cream or other dairy product; (iv) has been refused registration under any Act or regulation in relation to the treatment, supply, storage, distribution or sale of milk, cream or other dairy product or has had any such registration cancelled, revoked or suspended. (e) there has been a substantial change of circumstances since the grant thereof; or (f) for any other reason the Board is of opinion that the holder is not a fit and proper person to hold' it or that it is in the interests of the dairying industry to do so. (2) A cancellation, revocation or suspension under this section does not confer upon the holder a right to compensation.

Milk Supply Act 1977, No. 36 341 (3) Where a licence is suspended, it shall be of no force or effect during the period of suspension and shall remain in force only for the period during which it would have remained in force but for the suspension. (4) (a) Where a licence is cancelled, revoked or suspended, the holder shall within 7 days after demand made upon him deliver it up to the Board. (b) If a person who is convicted of an offence that consists of a failure to comply with a demand made pursuant to this section fails to deliver up that licence within 14 days after the date of that conviction, he commits a further offence and is liable to a penalty of $10 for every day during which that offence continues. 40. Charging of licence . (1) In this section, the expression " security " includes charge, lien, bond, encumbrance, bill of sale or other written instrument, given as or by way of security. (2) A licensee shall not charge his licence or in any way offer it as security without-first obtaining the permission of the Board to do so. A person shall not accept a licence as a security for an advance unless he satisfies himself that the permission of the Board to charge that licence has first been obtained. (3) Where a licensee has given to any person his licence as security whether by way of principal or collateral security the following provisions shall apply:- (a) Within 30 days of the giving of the security or such further time as the Board in writing allows the security shall be registered with the Board. (b) Registration shall be effected in the followin& manner:- (i) The licensee shall make of cause to be made a true copy of the security. (ii) He shall endorse thereon a statement that the security is correct for purposes of registration and date the endorsement. (iii) He shall lodge the security so endorsed with the Board. (c) The Board shall register the security lodged in a register to be kept by the Board or at its direction for that purpose. (d) A person may at all reasonable times search the register an( inspect the particulars relative to any security lodged and may make a copy of or extract from that security upon payment of the prescribed fee. (e) A licensee or other person who contravenes or fails to comply with the provisions of this section that relate to him commits an offence against this Act. (f) Failure by a licensee or other person to comply with the provisions of this section that relate to him shall not affect the validity of the security given by the licensee. 41. Conditions of direction of supply by a producer . or processor. (1) A producer or processor shall not direct his supply ' of milk or cream or part thereof save in accordance with the terms of his licence.

342 Milk Supply Act 1977, No. 36 (2) A person who supplies milk or cream to any other person in any locality of the State without being the holder of a licence or who, being the holder of a licence, supplies milk or cream in contravention of any of the terms and conditions of that licence commits an offence against this Act. Penalty: $1000. (3) A person who processes milk or cream without being the holder of a licence or who, being the holder of a licence, processes milk or cream in contravention of any term or condition of that licence commits an offence against this Act. Penalty: $1000. (4) A producer or processor is not guilty of an offence against this section if he satisfies the court that the direction of his supply or part thereof was due to stress of weather or other circumstances beyond his control. Division V-Funds and Accounts 42. Funds and accounts . '(1) The Board shall establish and keep such funds as are-prescribecf-or, so far as not prescriber, as the Minister determines. (2) The Board shall keep accurately such accounts, books and records of its receipts and expenditure as are prescribed or, so far as not prescribed, as the Auditor-General from time to time requires. (3) (a) There shall be paid to the credit of the funds of the Board all moneys collected, received or recovered by the Board under this Act. (b) There shall be paid out of the funds of the Board all costs and expenses incurred by the Board. in the exercise of the powers and authorities of the Board and the performance of its functions and duties. 43. Milk Sales Promotion Fund . (1) The Board shall continue to keep the fund called the Milk Sales Promotion Fund established and kept under the repealed Acts and subsisting at the commencement of this Act. (2) There shall be paid into that Fund- (a) such amounts as the Board, with the approval of the Minister first had and obtained, determines; (b) moneys received by the Board from the sale of goods purchased with moneys from the Fund or produced with the use of labour paid for out of the Fund; (c) interest from the investment of moneys standing to the credit of the Fund. (3) There shall be paid out of that Fund- (a) moneys expended in connexion with the exercise of the powers or the performance of the functions and duties of the Board;

Milk Supply Act 1977, No. 36 343 (b) moneys expended in contributing towards expenditure incurred or to be incurred by the Australian Dairy Corporation or other bodies nominated by the Minister for the purposes of promoting the consumption of milk; (c) money expended in the payment of fees and allowances payable to persons appointed by the Board in connexion with the exercise of its powers and the performance of its functions. (4) The Board may appoint persons to advise it in relation to any purpose for which moneys may be expended from the Fund. A person appointed pursuant to this subsection shall be paid such fees, allowances or expenses as the Board determines. 44. Annual report. (1) As soon as practicable after 30th June and before 1st October in each year, the Board shall furnish to the Minister a report of its administration of and operations under this Act for the last preceding financial year. (2) The Board shall furnish with the report such statements of account as correctly reveal the transactions of the Board during the financial year in question and its financial position at the end of that year. Prior to such furnishing the Auditor-General shall certify whether or not such statements exhibit a true and fair view of the financial transactions of the Board for the period to which they relate. The Minister shall lay the report and financial statements before the Legislative Assembly. 45. Other reports to Minister .. The Minister at any time may by notice in writing signed by him or the Director-General given to the chairman or secretary to the Board require the Board to furnish to the Minister- (a) a general report on or information specified in the notice in relation to the finances of the Board; (b) a report on any matter or thing- (i) in relation to revenue and expenditure of the Board; (ii) concerning the administration or any practice of the Board. The chairman or, as the case may be, secretary shall furnish to the Minister or the Director-General for transmission to the Minister the report or information required to be furnished. This section applies whether or not an examination or audit of the books and accounts has been made prior to the notice being given. 46. Investment of moneys . (1) The Board may from time to time invest moneys standing to the credit of any fund or account kept by the Board and not required for the time being for the purposes of this Act- (a) in securities of or guaranteed by the Government of the Commonwealth or of the State; (b) on deposit in any bank or banks; (c) with an approved dealer; (d) in any other investment approved by the Treasurer.

344 Milk Supply Act 1977, No. 36 (2) Every security, safe custody acknowledgement or other document evidencing title issued in respect of any investment shall be held by the Board. (3) For the purposes of this section, an " approved dealer " means a person who-. (a) is an authorized dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as;a lender of last resort; and (b) is approved by the' Governor in Council,by'Order in Council. 47. Advances, to applicants for licences . The Board. may, with the approval of the Minister, make an advance to a successful applicant for a licence: of an amount of money but no advance. made under this subsection shall exceed, the fee payable on an application for a licence and the advance shall be repaid by equal instalments over a period not exceeding 12 months from the date of the advance. Division VI-Borrowings of Board 48. Power to borrow. (1) Subject to this Act, the Board may borrow money- (a) from the Treasurer; (b) by the sale of debentures; or (c) partly in one and partly in the other of the ways specified in provisions (a) and (b). (2). Before entering into negotiations to borrow money by the sale of debentures the Board shall obtain the sanction of the Treasurer authorizing it to enter upon such negotiations and for this purpose shall furnish the Treasurer with such information as he requires. (3) The Board shall not borrow money pursuant to negotiations sanctioned by the Treasurer unless the authority of the Governor in Council to do so is first obtained. Such authority, if given, shall be given by way of Order in Council. The Order in Council shall declare the amount that may be borrowed, the purposes for which the loan is to be borrowed, the currency of the loan, the rate of interest payable thereon, the terms and conditions for the redemption of the loan, whether by yearly, half-yearly or quarterly payments or by payments into a sinking fund and such other conditions as the Governor in Council approves. (4) The Board shall be a local body under and within the meaning of the Local Bodies' Loans Guarantee Act 1923-1975, the provisions whereof shall apply and extend accordingly, subject to such modifications as the Governor in Council prescribes generally by regulations or in respect of a particular loan by Order in Council. 49. Resolution before borrowing . Before proceeding to borrow money the Board shall, at a special meeting called for the purpose, pass a resolution to borrow that money. 50. Application of loan moneys . (1) All moneys borrowed by the Board shall be expended for the purpose for which it was authorized to borrow the same and not otherwise.

Milk Supply Act 1977, No. 36 345 (2) If any amount of a loan remains unexpended upon the completion of the purpose for which the loan was borrowed such amount shall be applied as the Treasurer directs. 51. Repayment of Treasury loans . (1) Every loan advanced by the Treasurer under this Act shall be liquidated by the payment to the Treasurer by the Board on the first days of January and July in every year of such instalments of principal and interest at the prescribed rate as will permit the loan to be wholly redeemed within the prescribed period of the loan and such instalments shall continue to be payable until all the moneys advanced from time to time by the Treasurer by way of that loan, together with the interest accrued thereon, have been so paid. The Treasurer may at any time make any adjustment that he considers necessary to be made with respect to the period of any loan or the calculation of interest thereon or with respect to any other matter requiring adjustment. (2) When and so often as all or part of moneys from time to time due and payable by the Board to the Treasurer in respect of a loan advanced by the Treasurer to the Board remain unpaid after the expiration of three months from the date when such moneys or part are due and payable or if the Treasurer pays any money under a guarantee given by him in relation to moneys borrowed by the Board under the authority of this Act, the Treasurer may, by notification published in the Gazette, appoint a receiver to collect on his behalf and to pay to the Treasury all or any moneys from time to time due and owing to the Board to the amount stated in such notification. The Treasurer may make all such orders and give all such directions with respect to the powers and duties of the receiver and his management, of the Board's affairs as the Treasurer thinks proper and judicial notice shall be taken of such orders and directions. (3) Upon his appointment a receiver shall from the date specified in his notification of appointment be the only person legally entitled to receive the revenues of the Board and shall be deemed to that extent and for that purpose to be a public accountant within the meaning of the Audit Act 1874-1968. (4) A receiver may be appointed under this section either in respect of the general revenue of the Board or in respect of specified revenue. 52. Debentures. (1) All debentures issued under the authority of this Act- (a) shall, subject to this Act, be issued in such series, at such times and places in or outside the State and in such manner as the Board thinks fit; (b) shall, with interest thereon, be a charge on the revenues of the Board ; (c) shall bear interest at the rate and be redeemable at such date or dates and at such place or places in or outside the State as prescribed in the Order in Council referred to in section 48 (3); (d) may, with the consent of the holder, be paid off at any time previous to the due date thereof at not more than the amount of the principal remaining unpaid at the time or, with the consent of the Governor in Council, at a premium with interest thereon to the date of payment only. 12-56267

346 Milk Supply Act 1977, No. 36 (2) Interest secured by any such debentures shall be payable at such times and at such place or places in or outside the State as are prescribed in the Order in Council referred to in section 48 (3). (3) Every debenture issued under the authority of this Act- (a) shall be sealed with the seal of the Board and signed by the chairman of the Board and when so sealed and signed shall be taken to have been duly issued; (b) shall be numbered consecutively so that no two debentures in one and the same series shall at any time bear the same number; (c) shall have set forth therein the places and times at which the principal and interest are payable. (4) When a debenture is not transferable by delivery that fact shall be expressly stated on the face thereof. (5) In the case of a debenture issued under the authority of this Act with coupons , the holder of such a coupon , whether the same be separated from the debenture or not, shall be entitled to receive payment from the Board of the sum named therein upon presentation on or after the due date for payment thereof at the place where the same is expressed to be made payable. (6) In the case of a debenture issued under the authority of this Act without coupons, the lender or, in the event of a transfer of such debenture , the transferee for the time being shall , subject to this subsection, be entitled to receive payments from the Board in respect of principal or interest or both in accordance with the terms and conditions of such debenture. A transferee in respect of whom the Board has not been given notice as prescribed shall not be entitled to receive and the Board shall not. he liable to make to such a transferee any payment in respect of any debenture issued without coupons except under attachment by process of law and then only to the extent of moneys due and payable to such transferee under the debenture and unpaid by the Board to the lender or a prior transferee. The entitlement of a transferee in respect of whom the Board has been given notice as prescribed to receive any payment in respect of a debenture issued without coupons shall be subject to any payment that, having become due and payable under such debenture before the Board was given such notice, was made by it to the lender or a prior transferee. In this subsection the expression " notice as prescribed " means a notice in writing signed by the transferor and transferee and verified to the satisfaction of the Board. 53. Brokerage . (1) The Board may pay moneys by way of brokerage in respect of making, procuring, negotiating or obtaining the loan of any moneys, which the Governor in Council has authorised it to borrow: Provided that no moneys shall be paid by way of brokerage in respect of the loan of any moneys unless the Treasurer has approved of the payment of brokerage, which approval may be given by the Treasurer subject to such terms and conditions as he thinks fit.

Milk Supply Act 1977, No. 36 347 (2) Section 14 of the Money Lenders Act 1916-1973 shall not apply or extend to brokerage that the Board is authorized by this section to pay and which brokerage has been approved by the Treasurer and is agreed to be paid by the Board subject to the terms and conditions (if any) imposed by the Treasurer. 54. Status of debenture as investment and security . (1) Unless expressly forbidden by the instrument (if any) creating the trust, an investment by a trustee of trust funds in a loan raised under the authority of this Act shall be and be deemed to be an authorized investment by the trustee within the meaning of the Trusts Act1973. (2) The Board or any agent of the Board shall not receive and shall be deemed to have not received notice of any trust express, implied or constructive in relation to any debentures issued under the authority of this Act and the Authority or any agent of the Board shall not be bound to see to the execution of any trust to which any such debenture may be subject. (3) A person who lends money to the Board and receives in consideration therefor any debentures duly sealed and signed as prescribed shall not be bound to enquire whether the issue of the debentures was in fact duly authorized or into the application of the money so lent and he shall not be in any way responsible for the non-application or misapplication thereof. 55. Remedies of debenture holder. (1) If the Board makes default in making a payment whether of principal or interest to the holder of any debenture or coupon issued by it under the authority of this Act- (a) the holder may make application to and procure all necessary orders and directions from- the Supreme Court for the. appointment of a receiver and the Court shall have jurisdiction to make all such orders for the appointment of a receiver and for his removal and the appointment of another in his stead as may be necessary and to make any orders and give any directions which the Court considers proper; or (b) the person to whom such payment should have been made may recover the amount in respect of which default has been made as a debt by action against the Board in a court of competent jurisdiction. (2) A receiver appointed under subsection (1) shall be deemed to be an officer of the Court and shall act under its direction and may he appointed in respect of the general revenue of the Board or in respect of specified revenue. 56. Remuneration of receiver . A receiver appointed pursuant to section 55 shall be entitled to such remuneration, by way of commission, fees or otherwise, as the Supreme Court orders. Such remuneration shall be payable out of the revenue of the Board in respect of which the receiver is appointed. 57. Powers and duties of receiver . A receiver appointed pursuant to section 55 may collect all the revenue. payable to the Board in respect of which he was appointed as receiver and, for the purpose of enforcing his right to such revenue, he shall be deemed to be the Board and may exercise all -cif its powers.

348 Milk Supply Act 1977, No. 36 A receiver shall pay and apply all moneys received by him in the course of his receivership as follows:- (a) firstly, in payment of the costs, charges and expenses of collection and of^ his commission and remuneration; (b) secondly, in payment, subject to any order of the Supreme Court, to the holder of a debenture or coupon upon whose application he was appointed or to and amongst the holders of debentures or coupons of the same series as such holder or to the holders of debentures or coupons generally in such order of priority as the Court thinks fit the amount due and payable to such holder or, as the case may be, holders; (c) thirdly, in payment of the residue of such moneys to the Board. 58. Regulations relating to loans. The power conferred on the Governor in Council by section 132 to make regulations includes power to make regulations relating to the raising and repayment of loans under the authority of this Act and, without limiting the generality of that power- (a) prescribing the form of and the manner of issuing debentures, providing for the keeping and inspection of and the taking of copies of or extracts from the register of debentures and providing for lost or defaced debentures or coupons and the destruction of discharged debentures or coupons; (b) prescribing matters relating to the raising of loans outside the State; (c) providing for sinking funds and other methods for the repayment of moneys borrowed, providing for and appointing trustees of a debt redemption fund with respect thereto and prescribing the powers, functions and duties of such trustees and regulating and controlling all or any matters with respect to such debt redemption funds, trustees, sinking funds or other methods. 59. Illegal borrowing . (1) A person who lends money to the Board otherwise than in accordance with this Act or some other Act shall have no remedy or right whatsoever to recover money from the Board in respect of that loan. (2) The provisions of -this section shall be construed so as not to prejudice the operation of the provisions of section 54 (3). 60. Advance by way of overdraft . The Board, with the approval of the Governor in Council first had and obtained, may obtain financial accommodation by way of advance from any bank or banks by way of overdraft. The Governor in Council, by Order in Council, may fix a maximum amount up to which the Board may obtain finance under this section whereupon the Board shall not suffer the amount of its overdraft to exceed the amount so fixed.

Milk Supply Act 1977, No. 36 349 Division VII-Milk Sales Promotion Advisory Committee 61. Milk Sales Promotion Advisory Committee. (1) For the purposes of this Part II, there shall be established and at all times thereafter constituted a committee to be called the " Milk Sales Promotion Advisory Committee ". (2) The committee shall consist of the chairman of the Board for the time being who shall be chairman of the committee and not less than four nor more than nine other members. (3) Members of the committee other than the chairman shall be appointed by the Governor in Council by notification published in the Gazette upon the nomination of the Minister after consultation with such bodies and persons engaged in or connected with the milk supply industry as the Minister thinks fit. (4) A member of the committee other than the chairman thereof shall hold office for a term of three years but if by the expiration of that term his successor has not been duly appointed, he shall, subject to this Act, hold office until his successor is duly appointed. (5) The committee shall be constituted on and from the date of the first appointment of the members thereof. (6) The appointment of a member of the committee is not invalidated and shall not be called in question by reason only of a defect or irregularity in his nomination. (7) The exercise of a power or the performance of a function of the committee is not invalidated or made unlawful by reason only of there being a vacancy in the membership of the committee. (&) Where a vacancy occurs in the membership of the committee during the term of office of members then constituting the committee, the Governor in Council may appoint another qualified person as a member in accordance with this section. A person appointed to fill a casual vacancy in the membership of the committee shall be appointed for the balance of the term for which his predecessor was appointed and shall be eligible for re-appointment as a member of the committee. 62. Procedure at meetings . (1) The committee shall meet at such times and places as are prescribed and so far as not prescribed as the committee from time to time determines. (2) The chairman of the committee shall preside at every meeting of the committee at which he is present. If the chairman is absent from a meeting of the committee, a member of the committee elected by members present at that meeting from amongst those present (if they constitute a quorum) shall preside. A member of the committee elected to preside at a meeting thereof, whilst so presiding, shall have and may exercise the powers and authorities and shall perform the functions and duties of the chairman. (3) A quorum shall consist of a majority of the total number of members of the committee for the time being holding office as members and business shall not be conducted at a meeting of the-committee unless a quorum is present.

350 Milk Supply Act 1977, No. 36 63. Conduct of affairs. ( 1) The committee shall exercise or perform a power, authority, function or duty by the majority vote of its members present at the meeting and voting on the business in question. (2) The chairman of the committee has a deliberative vote and also, in the event of an equality of votes on any question , a casting vote. (3) Subject to this Act, the committee shall conduct its business generally and proceedings at meetings as it determines from time to time. 64. Functions . The functions of the committee are- (a) to initiate and refer to the Board recommendations with respect to- (e) the exercise of the powers and authorities or the performance of the functions and duties of the Board; (ii) the administration of, and the amounts to be paid from time to time by, the Board to the credit of the Milk Sales Promotion Fund; (b) to consider and advise the Board on such matters in question as the Board may from time to time refer to the committee concerning- (i) a proposal for the exercise of the powers and authorities or the performance of the functions and duties of the Board; (ii) the administration of the Milk Sales Promotion Fund. PART 111-MILK ENTITLEMENTS COMMITTEE 65. Application . This Part applies to such localities of the State as the Governor in Council by Order in Council declares. 66. Constitution . For the purposes of this Act, there shall be established and thereafter constituted a Committee to be called the " Milk Entitlements Committee ". 67. Composition . The Committee shall consist of five members appointed by the Governor in Council by notification published in the Gazette of whom-- (a) one shall be the chairman for the time being of the Board, who shall be chairman of the Committee; (b) one shall be the Director-General or his nominee appointed in writing, who shall be deputy chairman of the Committee; (c) two shall be persons representative of producers nominated by the Minister from a panel of names of prescribed persons submitted in the manner prescribed; (d) one shall be a person representative of processors nominated by the Minister from a panel of names of prescribed persons submitted in the prescribed manner. 68. Tenure of office. (1) The chairman and deputy chairman of the Committee shall hold office during the pleasure of the Governor in Council.

Milk Supply Act 1977, No. 36 351 (2) A member of the Committee other than the chairman and deputy chairman thereof- (a) shall hold office for a prescribed term and until such term is prescribed for a term of three years, but if by the expiration of that term his successor has not been appointed shall, subject to this Act, hold office until his successor is duly appointed; (b) shall, if otherwise qualified, be eligible for reappointment. (3) The Governor in Council may at any time remove from office a member of the Committee by notification published in the Gazette. 69. Disqualification from and vacation of office. (1) A person who- (a) is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; (b) has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland in respect of an act or omission that if done or made by him in Queensland would have constituted an indictable offence; or (c) is a patient within the meaning of the Mental Health Act1974, shall not be capable of being or continuing to be a member of the Committee. (2) The office of a member of the Committee shall become vacant if the member- (a) dies; (b) becomes incapable of continuing as a member; (c) is absent without prior leave of absence granted by the Committee from three consecutive meetings of the Committee of which due notice has been given to him; (d) resigns his office as a member by writing signed by him furnished to the chairman of the Committee; (e) ceases to be qualified as a member; (f) is removed from office as a member by the Governor in Council. 70. Casual vacancies . (1) When a casual vacancy occurs in the office of a member of the Committee during the term of office of the members then constituting the Committee, another person shall be appointed in accordance with section 67 to fill that vacancy. (2) A person appointed to fill a casual vacancy shall be appointed and hold office for the balance of the term for which his predecessor was appointed and shall, if otherwise qualified, be eligible for re-appointment as a member of the Committee. 71. Deputies of members . (1) The Governor in Council may at any time appoint persons who are not members of the Committee to be deputies of the several members of the Committee. (2) A person appointed as a deputy of a member of the Committee shall, in the absence of the member whose deputy he is, attend any meeting of the Committee in the absence of the member and whilst so attending shall have and may exercise the powers and authorities and shall perform the functions and duties of a member of the Committee.

352 Milk Supply Act 1977, No. 36 72. Meetings . (1) The Committee shall meet as often as is necessary for the exercise of its powers and the performance of its functions at such times and places as it determines. The chairman or deputy chairman of the Committee may at any time convene a meeting. (2) Notice of every meeting or adjourned meeting, save a meeting adjourned to a later hour of the same day on which it was appointed to be held shall be in writing and shall be given by the chairman to every member of the Committee at least two days prior to the date appointed for the meeting. A notice of a meeting or an adjourned meeting may be given to a member of the Committee by prepaid telegram addressed to his place of business or residence last known to the chairman of the Committee. The Committee may determine that notice of less than two days of any meeting may be given generally or in a particular case. (3) The members present at a meeting of the Committee may at any time adjourn the meeting. If a quorum is not present at a meeting of the Committee within 30 minutes after the time appointed for the commencement of the meeting, the member or members present or the majority of them if more than two are present or the secretary to the Committee if no member is present or if the members present are equally divided on the issue may adjourn the meeting to a time and date not later than seven days after the date of the adjournment. This subsection shall be read and construed so as not to prevent the adjournment of a meeting to a later hour of the same day on which the meeting was appointed to be held. 73. Procedure at meetings . (1) The chairman of the Committee shall preside at all meetings of the Committee at which he is present and in his absence the deputy chairman shall preside. If both the chairman and deputy chairman of the Committee are absent from a meeting a member of the Committee elected by members present at that meeting from amongst those present (if they constitute a quorum) shall preside. A member of the Committee elected to preside at a meeting thereof, whilst so presiding, shall have and may exercise the powers and authorities and shall perform the functions and duties of the chairman thereof. (2) A quorum shall consist of three members of the Committee for the time being holding office 'as members and business shall not be conducted at a meeting of the Committee unless a quorum is present. 74. Conduct of affairs . (1) The Committee shall exercise or perform a power, authority, function or duty by the majority vote of its members present at the meeting and voting on the business in question. (2) The chairman has a deliberative vote and also, in the event of an equality of votes on any question, a casting vote. (3) A member of the Committee who, being present at a meeting thereof and eligible to vote, abstains from voting on any question shall be taken to have voted in the negative.

Milk Supply Act 1977, No. 36 353 (4) Subject to this Act, the Board shall conduct its business generally and proceedings at meetings in such manner as it determines from time to time. (5) Notwithstanding this Act, the chairman of the Committee may at any time refer any question requiring the consideration of the Committee to all members of the Committee in. writing and a decision made by a majority of the members of the Committee and committed to writing shall have the same force and effect as a decision made at a duly constituted meeting of the Committee. For the purposes of this subsection, a reference to members and a reply thereto by telegram shall constitute a sufficient reference in writing. 75. Minutes . (1) The chairman shall cause to be kept a record of all decisions of the Committee whether made at a duly constituted meeting or by reference in writing and that record shall be presented to a subsequent meeting of the Committee for confirmation as to its correctness and shall be signed by the chairman and thereupon shall form part of the minutes of that meeting. (2) A record of a decision contained in minutes to which subsection (1) refers may be tendered as evidence of that decision by the Committee at any hearing by the Appeals Tribunal or in any court and shall be judicially noticed. 76. Authentication of documents . Save where it is by this Act otherwise provided, a document made or issued by the Committee for the purposes of this Act shall be sufficiently authenticated if it is made or, as the case may be, signed by the chairman or the secretary to the Committee at.the chairman's direction. 77. Validity of acts: Any act, proceeding, decision or determination of the Committee is not invalid or unlawful by reason only of any defect in the qualification, membership or appointment of any member thereof or a vacancy in the membership of the Committee at the time of that act, proceeding, decision or determination. 78. Prohibition in respect of member holding certain pecuniary interests . A member of the Committee shall not at any time vote in respect of the allocation, re-allocation, transfer, review, forfeiture or reduction of any entitlement under this Act in which he holds a pecuniary interest. A member holding such an interest shall declare it to the Committee and shall absent himself from any meeting- of the Committee during the time discussion is being conducted or a vote is being taken in connexion with such entitlement. 79. Appointment of sub-committee . The Committee may appoint a sub-committee from amongst its members to examine any matter or thing relevant to the functions of the Committee and make recommendations to the Committee following such examination. 80. Retainer of technical consultants . The Committee may, in the exercise of its powers and the performance of its functions and duties, retain upon such terms and conditions as it determines the services of such technical consultants as it considers necessary.

362 Milk Supply Act 1977, No. 36 105. Powers of Appeals Tribunal. ( 1) For the purpose of exercising its functions under this Act, the Appeals Tribunal shall have and may exercise all the powers , authorities , protection and jurisdiction of a Commission under The Commissions of Inquiry Acts 1950 to 1954 and the chairman or, as the case may be , acting chairman shall have all the powers of the chairman of such a Commission Save such powers as are limited to a chairman of such a Commission who is a Judge of the Supreme Court. (2) A witness summoned to appear before the Appeals Tribunal shall be entitled to receive payment for the expenses of his attendance in accordance with such rate as is prescribed or, in the absence of a prescribed rate, as is determined by the chairman of the Appeals Tribunal. PART V-SUPPLY OF PASTEURISED MILK AND CREAM WITHIN PRESCRIBED LOCALITIES 106. Application . This Part shall apply in and extend to any locality of the State. 107. Interpretation . In this Part, the terms " pasteurised milk " and " pasteurised cream " shall, unless otherwise expressly provided by this Act, have the meanings for the time being assigned to them by The Milk-sellers Regulations of 1973 or any regulations in amendment thereof or substitution therefor. 108. Powers of Governor in Council . (1) Subject to this Act, the Governor in Council by Order in Council may on the recommendation of the Board authorize any person to establish or maintain a pasteurisation plant for the treatment of milk and cream and to supply pasteurised milk and cream within such locality or localities of the State and for such time or times as is or are specified in the Order in Council. (2) An authority granted under this subsection- (a) may relate to a pasteurisation plant situated outside any locality or localities specified in the Order in Council; (b) shall be subject to such terms and conditions as are prescribed or so far as not prescribed as the Board determines. 109. Procedure on application . (1) A person seeking an authority under section 108 shall apply to the Board, pay the prescribed application fee and comply in all other respects with all conditions prescribed in the regulations. (2) The application shall set forth- (a) a description of the boundaries of the locality or localities of the State with respect to which the application is made; (b) an estimate of the potential demand for supplies of pasteurised milk or cream within such locality or localities; and (c) the time or times for which the authority is sought. (3) Upon receipt of the application, the chairman of the Board shall convene a tribunal consisting of himself as chairman, the Director- General or his nominee appointed in writing and a medical officer of the Department of Health nominated by the Director-General of Health.

Milk Supply Act 1977, No. 36 363 (4) That tribunal shall make a preliminary investigation into whether or not the establishment or maintenance of a pasteurisation plant for the supply of pasteurised milk and cream in the locality or localities in respect of which the application is made is justifiable. (5) If upon the investigation the tribunal is of opinion that the establishment or maintenance of a pasteurisation plant for the supply of pasteurised milk or cream in the locality or localities in respect of which the application is made or any other locality or localities determined by the tribunal is justifiable, the tribunal shall fix tentative terms and conditions upon and subject to which it would be prepared to make favourable recommendation for the authority applied for. Where the tribunal determines any other locality or localities under this subsection, application in respect of such locality or localities may be made by the applicant. (6) Where the tribunal fixes tentative terms and conditions under subsection (5), the chairman of the tribunal shall cause to be advertised once in the Gazette and three times at intervals of not less than one week in some newspaper circulating in the locality or localities with respect to which it is proposed to make the recommendation a notice calling for further applications for the authority applied for and requiring objections to the granting thereof to be made or, as the case may be, lodged in the prescribed manner on or before the date specified in the notice. The notice- (a) shall state clearly and briefly the terms and conditions tentatively fixed by the tribunal under subsection (5); (b) shall require each further applicant to furnish with his application the prescribed application fee; (c) shall require each further applicant to furnish such information as is required to be furnished under subsection (2) together with sketch plans drawn to scale showing details of the pasteurisation plant he proposes to establish and an estimate of the capital cost of such plant; (d) shall specify a date, time and place when and where the tribunal will sit to investigate all applications made including the original application and objections lodged. Subsection (2) shall apply with respect to every further application. The original applicant shall, on or before the date specified in the notice, lodge with the Board sketch plans and the estimate of costs required by this subsection to be furnished by the further applicants. (7) Upon the investigation of applications and objections, the tribunal may recommend the grant or refusal of an authority under this section. Where there is more than one application for the authority, the tribunal may also recommend such grant to such applicant or applicants as to the tribunal seems or seem most suitable having regard to such considerations as it thinks relevant including the matters set forth in subsection (8). A recommendation for the grant of an authority shall specify the locality or localities recommended as the subject for the authority and the terms and conditions upon and subject to which the authority shall be granted.

364 Milk Supply Act 1977, No. 36 Every such term and condition shall be included in the Order in Council granting the authority. (8) In investigating applications for an authority under, this section the tribunal shall have regard to- (a) the health and well-being of the public generally in the subject locality or localities; (b) whether or not the financial position of any applicant is such as will enable him to properly establish or maintain the proposed pasteurisation plant and to supply the potential demand for pasteurised milk and cream in the subject locality or localities; (c) whether or not the proposed pasteurisation plant is reasonably suitable and adequate to supply the potential demand for pasteurised milk and cream in the subject locality or localities; (d) the nature and amount of the security to be furnished by the successful applicant in order to ensure due compliance by him with the terms and conditions to which the authority is subject; (e) such other matters considered relevant by the Board and approved as such by the Minister. (9) The tribunal shall sit in open court in exercising or performing its powers , authorities , functions and duties under this Act. (10) Every applicant and objector is entitled to appear before the tribunal and be heard in person or by his counsel , solicitor or agent. (11) The tribunal may adjourn an investigation from time to time and from place to place. (12) The Governor in Council may adopt or refuse a recommendation made by the tribunal in the performance of its functions. An Order in Council made upon the recommendation of the tribunal shall be subject to all such terms and conditions as have been recommended and adopted and each such term and condition shall be included in and form part of the Order in Council. 110. Powers of tribunal . ( 1) For the purpose of exercising its functions under this Act, the tribunal convened under section 110 (3) shall have and may exercise all the powers , authorities, protection and jurisdiction of a Commission under The Commissions of Inquiry Acts 1950 to 1954 and the chairman or, as the case may be, acting chairman shall have all the powers of such a Commission save such powers as are limited to a chairman of such a Commission who is a Judge of the Supreme Court. (2) A witness summoned to appear before the tribunal shall be entitled to receive payment for the expenses of his attendance in accordance with such rate as is 'prescribed or, in the absence of a prescribed rate, as is det.:rmined by the chairman of the tribunal.

Milk Supply Act 1977, No. 36 365 111. Power of Board. The Board may invite by any means it thinks fit applications for an authority under section 108 , in respect of any locality or localities within which the Board considers the establishment or maintenance of a pasteurisation plant for the supply of pasteurised milk or cream is justifiable. 112. Power of tribunal to fix terms and conditions without preliminary investigation . The tribunal may, without any preliminary investigation, fix tentative terms and conditions upon any application made as a result of an invitation of the Board under section 111. 113. Application to amend authority granted by Order in Council. (1) While an Order in Council made under this Part is in force, the person to whom the authority is granted thereby may make application to the Board for the amendment, alteration, variation or modification of that authority. (2) The Board shall refer each application to the tribunal convened for the purposes of this Part for its consideration and the submission of recommendations and for that purpose subsections (6), (7), (8), (9), (10), (11) and (12) of section 109 shall apply with all necessary adaptations. (3) The tribunal shall consider each application and shall make recommendations to the Board thereon. (4) The Governor in Council may make the amendment, alteration, variation or modification of the authority by a further Order in Council or by substituting a fresh Order in Council. 114. Offences. (1) A person who contravenes or fails to comply with any term or condition of an authority granted by Order in Council under this Part commits an "offence against this Act. Penalty: $1000 (2) A person who at any time when an Order in Council made under this Part is in force- (a) establishes or maintains a pasteurisation plant; (b) supplies by wholesale or retail pasteurised milk or pasteurised cream for use or intended use, within any locality specified in the authority granted by that Order in Council in contravention of that authority commits an offence against this Act. Penalty: $1000. A person who, after conviction for the offence of maintaining a pasteurisation plant defined in this subsection, continues to maintain the pasteurisation plant in respect of which the offence was committed is guilty of a further offence and is liable to a penalty of $100 for each day after conviction during which the offence continues. 115. Appropriation of fees. All fees collected under this Part may be appropriated by the Board for the purpose of defraying the costs and expenses incurred in the administration of this Part.

366 Milk Supply Act 1977, No. 36 PART VI-GENERAL PROVISIONS 116. Audits . (1) The accounts of the Board, the Committee, the Appeals Tribunal and any other body constituted under this Act shall be audited at least once in each year by the Auditor-General who in relation thereto shall have the powers conferred by the Audit Act 1874-1968. (2) The Auditor-General may appoint a public accountant registered under the Public Accountants Registration Act 1946-1975 to inspect, examine and audit the accounts of the Board, the Committee, the Appeals Tribunal and other body constituted under this Act in accordance with such directions and requirements as the Auditor-General gives or specifies and the person so appointed shall report the result of his inspection, examination and audit to the Auditor-General. (3) The fee for such inspection, examination and audit whether carried out by the Auditor-General or person appointed by him under subsection (2) shall be fixed by the Auditor-General and paid by the Board. (4) The Auditor-General or person appointed under subsection (3)-shall certify whether the accounts of the Board, the Committee, the Appeals Tribunal and other body have been properly kept and whether the relevant balance sheet and statement of account (a) are in agreement with the accounts; and (b) in his opinion fairly set out the financial transactions for the period to which they relate and show a true and fair view of the state of affairs at the end of the period to which they relate. (5) (a) The Auditor-General shall, at least once in each year, report to the Board, the Committee, the Appeals Tribunal or other body constituted under this Act the results of the audit carried out in accordance with this section and shall, if he thinks fit, make recommendations thereto with respect to the conduct of the financial transactions thereof and the manner of operating and maintaining its accounts. (b) A copy of a report and recommendation made in accordance with paragraph (a) shall be furnished by the Auditor-General to the Minister. (6) The bodies concerned shall give due consideration to the report and recommendations, if any, of the Auditor-General made in accordance with subsection (5). (7) The Auditor-General or person appointed by him shall have the right of access at all reasonable times to the accounts, books and records of the Board, the Committee, the Appeals Tribunal or other body constituted under this Act or any member or employee thereof and may request that- body, member or employee to make available copies of or extracts from those accounts, books and records or to supply such information and explanations as he thinks fit for the purposes of the audit and that body, member or employee shall comply with a request so made. 117. Payment tp producers for milk and cream supplied. (1) Notwithstanding any enactment, law, contract or agreement, every processor or vendor who under a contract is supplied during any month with milk and cream by a producer shall, before the expiration of 15 days after the end of that month, pay according to law for all milk and cream so supplied.

Milk Supply Act 1977, No. 36 367 (2) (a) Before the expiration of 21 days after the end of each month every processor acting as or carrying on business as such and supplying or selling milk or cream shall furnish to- the Board a certificate given by a person registered as a public accountant under the Public Accountants Registration Act 1946-1975 certifying that to the best of his knowledge and belief and according to the books, accounts and statements produced and information furnished to him by that processor, the processor has complied with subsection (1) in respect of that month. (b) This subsection does not prejudice or in any way affect subsection (1). 118. Power of delegation . (1) The Minister may, either generally or otherwise as provided by the instrument of delegation, by writing signed by him delegate- (a) to any person; (b) to the holder of an office specifying its title but not the name of the holder for the time being, all or any of his powers, authorities, functions or duties under this Act except this power of delegation. (2) A power, authority, function or duty so delegated, if exercised or performed by the delegate, shall be exercised or performed in accordance with the instrument of delegation. (3) A delegation may be made subject to such terms or limitations as the Minister thinks fit including a requirement that the delegate shall report to him upon the exercise or performance of the delegated power, authority, function or duty. - (4) The Minister may make such and so many delegations of the same power, authority, function or duty and to such number of persons or holders of office as he considers necessary or desirable. (5) A delegation is revocable at the will of the Minister and does not prevent the exercise of a power or authority or the performance of a function or duty by him. 119. False representation of grade of milk or cream . (1) A person who falsely represents that milk or cream supplied by him is of a particular class or grade commits. an offence against this Act. (2) For' the purposes of subsection (1), the term " represents " includes- (a) make a verbal or written representation calculated or likely to lead to the belief that the milk or cream concerned is of a particular class or grade; or (b) have or allow to remain upon, about or adjacent to the premises or on or attached to a vehicle from which the milk or cream is supplied any painted or written words, sign, notice, board or placard calculated or likely to lead to the belief that milk or cream supplied to him is of a particular class or grade. 120. Standardized milk. (1) A person shall not supply or sell for consumption by humans standardized milk unless the supply or sale of that milk is permitted- by the Governor in Council.

368 Milk Supply Act 1977, No. 36 (2) This section applies throughout the State and to the extent necessary to give effect to this section every other provision of this Act shall be read and construed subject to this section. 121. Offence re price of milk and cream. (1) Where the minimum .price that shall be paid by a processor of milk or cream supplied to him by a producer or another processor is fixed and declared by order under this Act, the firstmentioned processor shall pay to such producer or other processor for such milk or cream a price not less than the minimum price so fixed. Penalty: $1000. (2) Where the maximum or minimum price at which milk or cream sold by a processor or by a vendor shall be sold by him is fixed and declared by order under this Act, the vendor shall not sell such milk or cream at a price in excess of the maximum price or at a price less than the minimum price. Penalty: $1 122. Forgery and like offences with respect to a licence or other authority . A person- (a) shall not forge or counterfeit a licence or other authority under this Act; (b) shall not utter a licence or other authority so forged or counterfeited; (c) shall not personate a person named in a licence or other authority under this Act; (d) shall not falsely represent himself to be an inspector appointed under this Act; (e) shall not connive at any of the offences defined in subparagraphs (a), (b), (c), or (d); (f) shall not knowingly make a false statement in an application under this Act for a licence or other authority. Penalty: $1 000 or imprisonment for 12 months. 123. Offence by body corporate . (1) Where a body corporate commits an offence against this Act, each of the following persons shall be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly:- (a) the chairman of directors', managing director or other governing officer by whatever name called and every member of the governing body thereof by whatever name called; and (b) every person In the State who manages or acts or takes part in the management, administration or government of the business in the State of the body corporate. (2) This section applies so as not to limit or affect in any way the liability of a body corporate to be proceeded against and punished for an offence against this Act committed by it. (3) It is a defence to a charge of an offence against this Act brought against a person specified in subsection (1) to prove that the offence was committed without that person's consent or connivance and that he used due diligence to prevent the commission of the offence.

Milk Supply Act 1977, No. 36 369 124. Proceedings for offences . (1) A prosecution for an offence against this Act shall be taken by way of summary proceeding under the Justices Act1886-1976 within 12 months after the offence is committed or within 12 months after the commission of the offence first comes to the knowledge of the complainant, whichever period is the later to expire. (2) Any sum of money payable to the Board pursuant to this Act and not paid may be recovered by- (a) summary proceeding under the Justices Act1886-1976; or (b) action as for a debt due to the Board in a court of competent, jurisdiction. (3) A summary proceeding for an offence against this Act or to recover any sum of money payable to the Board under this Act and not paid shall be taken by the Board through its secretary or by a person appointed in writing by the Board in that behalf. 125. Offences generally and penalty. (1) A person who contravenes or fails to comply with any provision of this Act commits an offence against this Act. (2) A person who- (a) fails to do that which he is directed or required to do; (b) does that which he is forbidden to do, by a person acting under the authority of this Act commits an offence against this Act. (3) Save where a specific penalty is otherwise prescribed, a person who commits an offence against this Act is liable to a penalty of $500. 126. Appropriation of penalties and other moneys. Unless otherwise expressly provided, all penalties, costs, fees and other moneys recovered under this Act shall be paid into and form part of the funds of the Board and shall be applied to its general use for the purposes of this Act. 127. Mode of service of documents . A notice, order, requirement or other writing authorized or required by this Act to be given to any person shall be duly given if- (a) it is served personally on the person to whom it is directed; (b) it is left at the place of residence or business of the person to whom it is directed last known to the person who gives it; (c) it is sent by post to the place of residence or business of the person to whom it is directed last known to the person who gives it. 128. Evidentiary provisions . In a proceeding for the purposes of this Act- (a) it shall not be necessary to prove the appointment or signature of the chairman or any member, secretary or other officer, of the Board or Committee or the authority of any officer of the Board or Committee to do any act, take any proceedings or give any direction or order; (b) a document purporting to be a copy of or an extract from any other document or writing of any kind in the custody of or given, made, issued or granted under this Act by the Board or Committee or any member thereof or by any officer

370 Milk Supply Act 1977, No. 36 of the Board or Committee and endorsed with a certificate purporting to be under the hand of the chairman or secretary to the Board or Committee that the document is a true and correct copy of or extract from that other document or that writing shall upon its production in that proceeding be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein; (c) a certificate purporting to be signed by the chairman or secretary to the Board that a person named therein is or is not the holder of a special licence or authority or was or was not at the material time the holder of a specified licence or authority shall upon its production in that proceeding be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in that certificate; (d) an averment in a complaint of the date on which the commission of an offence against this Act came to the knowledge of the complainant shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of that averment; (e) an allegation or averment in a complaint that milk or cream was supplied for use or intended use for a purpose specified in the complaint shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of that allegation or averment; (f) an entry in a minute book of the Board or Committee purporting to be an entry relating to the proceedings of the Board or Committee and to be signed by the chairman of the Board or Committee and a certified copy of or extract from any such entry signed by the chairman shall, upon its production in that proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of the-proceedings appearing by such entry (without proof of any meeting to which such entry may refer or by which such entry was made having been duly convened or held or that such proceedings were carried out or made in accordance with the prescribed provisions in that behalf) and that the signature thereon is the signature of the chairman. 129. Protection against liability . No act, matter, thing, recommendation or decision done or made in good faith by- (a) the Minister; (b) the Board; (c) the Committee; (d) a member of the Board or Committee; (e) a member of the Appeals Tribunal; (f) an officer of the Department of Primary Industries, for the purpose of carrying out or giving effect to this Act shall subject them or any of them or the Crown to any action, liability, claim or demand. 130. Effect of misnomer and the like . A misnomer, inaccurate description or omission in or from any determination, notification, order, or other act of authority under this Act in or from any regulation or Order in Council shall not in any way affect, prevent or abridge the operation of this Act with respect to the subject matter of that misnomer, inaccurate description or omission if the same is designated so as to be understood.

Milk Supply Act 1977, No. 36 371 131. Orders in Council . Section 28A of the Acts InterpretationAct1954-1971 (Tabling of Regulations) shall apply with respect to Orders in Council made for the purposes of this Act and, for the purposes of such application, that section shall be read and construed as if references to regulations were references to Orders in Council made for the purposes of this Act. 132. Regulations . (1) The Governor in Council may make regulations not inconsistent with this Act for or with respect to all or any of the purposes, matters or things set forth in the second schedule. (2) The power to regulate includes the power to prohibit. (3) Regulations may be made to apply generally throughout the State or, with respect to any purpose, matter or thing to be of such limited application as is indicated therein. (4) Regulations with respect to milk, cream or other dairy product or any matter or thing or any producer, processor, vendor or any other person may be of general or specially limited application according to individuals, classes of persons, class, article, time, place, purposes, standard of quality, grade or description or circumstances, areas, districts or zones or otherwise as is prescribed. SCHEDULES FIRST SCHEDULE ACTS REPEALED . 4] Year and Number of Act Short Title 1 Eliz. II No. 38 .. 10 Eliz. 11 No. 19 .. .. 1 The Milk Supply Act of 1952 The Milk Supply Act Amendment Act of 1961 SECOND SCHEDULE [s. 132] SUBJECT MATTER FOR REGULATIONS 1. Persons administering Act. The powers, authorities, functions and duties of persons administering this Act. 2. Licences and other authorities . Applications for and the grant and issue of licences and other authorities under this Act and duplicates thereof; eligibility of and the qualifications entitling persons to apply for and hold and prohibitions against persons not qualified or eligible as prescribed from applying for, obtaining or holding such licences or other authorities and the circumstances in which exemptions from such prohibitions may be granted; the terms, conditions or restrictions subject to which licences or other authorities under this Act are granted; the surrender, transfer, renewal, revocation, cancellation, suspension or endorsement of licences and other authorities under this Act; restrictions on the number of licences or other authorities under this Act that may be granted and issued in the State or any locality. of the State or to a particular person.

372 Milk Supply Act 1977, No. 36 3. Books , accounts , records and the like. The books, accounts and records to be kept and the returns to be made by producers, processors, vendors and carriers of milk or cream and the manner of keeping those books and records and of making those returns; requirements as to keeping books, accounts and records; Inspection by prescribed persons of books, accounts and records; examination and audit by prescribed persons of books, accounts and records; the taking of copies of or extracts from books, accounts, documents and records in the possession of any other person on behalf of or kept by any producer, processor, vendor or carrier of milk and cream. 4. Methods re collection etc. of milk and cream. Prescription of methods and requirements to be adopted and followed in the production, collection, treatment, carriage, supply, delivery, storage, preservation, labelling, packaging, distribution and sale of milk, cream or other dairy product. 5. Dealing with certain milk or cream. Prescription of methods for dealing with milk or cream that does not comply with this Act. 6. Inspection . Providing for the inspection of premises, vehicles, plant, equipment, milk and cream and the appointment of officers for that purpose; prescription of the powers of and offences with respect to such officers. 7. Publication of requirements, orders and the like. Prescription of the methods of giving, serving, making known or publishing requirements, directions, determinations, orders, notices or other acts of authority whether by the Board or Committee, the chairman or any other member or the secretary or any other officer of the Board or Committee or other prescribed person. 8. Matters and things to be made the subject of a requirement, prohibition , etc. Prescription of all matters and things considered necessary or desirable in relation to premises, persons, matters or things in any case where by this Act the Board, the chairman or any other member or the secretary or any other officer of the Board or any other person is authorized or permitted to require, prohibit, regulate, control, determine, appoint, inspect, examine, register or specify. 9. Examination and analysis of dairy products . Prescription of all matters and things with respect to the examination and analysis of milk, cream and other dairy products for the purposes of this Act. 10, Powers, authorities , functions and duties of Board and Committee. Prescription, regulation and control of the powers, authorities, functions and duties of the Board and Committee, the chairman or any other member -or the secretary or any other officer or any employee of the Board and Committee or any other person; prescription of offences and penalties with respect to the obstruction of any such person in the

Milk Supply Act 1977. No. 36 373 execution of his duties and with respect to the failure to comply with any requirement, direction, prohibition, determination or order pursuant to this Act of the Board or Committee or any such person; regulation and control of meetings of the Board and Committee. 11. Fees. Fees, charges, allowances, costs and expenses payable or to be paid under this Act and the fixing thereof; matters and things in respect of which they are payable or to be paid; methods of collection thereof; manner, time and place of payment thereof; persons by whom and to whom they are payable; all matters with respect to the recovery thereof. 12. Moneys paid upon forfeiture of securities . Application of moneys paid to Her Majesty on forfeiture of fidelity bonds lodged or sums of money deposited pursuant to this Act. 13. Advertising . Regulation and control of the use by a processor or vendor in connexion with his business of any advertisement, description, sign, notice, device or representation in the nature of an advertisement and the prohibition of any of them that do not correctly describe or represent the milk or cream sold including but without limiting the generality of this provision the class or grade thereof or the services offered by such vendor. 14. Forms . The forms to be used for the purposes of this Act and the particular purposes for which those forms shall _be used respectively. 15. Proof of documents . The manner in which an application, recommendation, report, order, notice, requirement or other document under this Act may be proved. 16. Standardized milk. Prescription of all matters and things considered necessary or desirable with respect to the permitting by the Governor in Council of the supply or sale for human consumption of standardized milk including, but without limiting the generality of this provision, the delegation to specified persons of that power with respect to any specified milk or specified classes of sellers. 17. Exemption . The granting of exemption generally or in respect of specified persons or classes of persons or localities or conditional exemption from compliance with all or any of the provisions of this Act and the revocation of an exemption or conditional exemption so granted and the entitlements under this Act of persons so exempted. 18. Appeals Tribunal. All matters relating to the institution and- conduct of and procedure at sittings of the Appeals Tribunal. 19. Matters prescribed . All matters required or permitted by this, Act to be prescribed where the manner of prescription is not specified.

374 Milk Supply Act 1977, No. 36 20. Penalties . The prescription of penalties for contravention of or failure to comply with the regulations not exceeding $400 in each case. 21. General powers . All matters that may be convenient for the administration of this Act or that may be necessary or expedient to achieve the objects and purposes of this Act.