Milk Supply Act Amendment Act 1978 (Qld)

662 Qutrnslaubr ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 76 of 1978 An Act to amend the Milk SupplyAct 1977 in certain particulars and for other purposes [ASSENTED TO 8TH DECEMBER, 1978] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same , as follows:- 1. Short title and citation . (1) This Act may be cited as the Milk Supply Act Amendment Act 1978. (2) The Milk Supply Act 1977 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Milk Supply Act1977-1978. 2. Commencement . This Act shall commence on a date appointed by Proclamation. 3. Amendment of s. 6 . Section 6 of the Principal Act is amended by- (a) inserting after the definition " Board " the following definition:- " " carrier " means a person other than a vendor who carries on or in a vehicle or vessel dairy products intended for use as market milk;";

Milk Supply Act Amendment Act 1978, No. 76 663 (b) in the definition " market milk ", inserting after the words " recombined milk," the words "flavoured milk,"; (c) in the definition " market milk entitlement ", omitting paragraphs (a) and (b) and substituting the following paragraphs:- " (a)'when used in relation to a processor, means that quantity of milk deemed by the Committee to be sold or used by the processor as market milk; (b) when used in relation to a producer, means a portion of the processor's entitlement determined as prescribed or so far as not prescribed as fixed by the Committee;"; (d) in the definition " processor ", adding at the end thereof the words " : the term does not include a manufacturer of butter or cheese "; (e) inserting after the definition " processor " the following definition:- " proodduucceerr " means a person who supplies milk to a processor or vendor;"; (f) in the definition "recombined milk ", omitting the words "fat solids " and substituting the word " solids "; (g) inserting after the definition " standardized milk " the following definition:- ""supply" means the delivery or passing over of dairy products to any person whether or not for profit;"; (h) in the definition " treat ", omitting the words " or pack " and substituting the words " pack or perform any other act declared to be treatment by the Governor in Council by Order in Council;"; (i) inserting after the definition " vehicle " the following definitions:- " "vendor" means a person who sells milk or cream whether from premises, door to door or otherwise; " vessel " includes a ship, boat, hovercraft and any vehicle that is capable of use in or on water, whether floating or submersible and whether or not self-propelled;". 4. Amendment of s. 8. Section 8 of the Principal Act is amended by omitting paragraphs (c), (d) and (e) and substituting the following paragraphs :- " (c) three shall be persons representative of producers, nominated by the Minister from panels of names submitted in the prescribed manner by prescribed bodies; (d) three shall be persons representative of processors, nominated by the Minister from panels of names submitted in the prescribed, manner by prescribed bodies; (e) one shall be a person representative of vendors, nominated by the Minister from panels of names submitted in the prescribed manner by prescribed bodies;". 5. Repeal of and new s . 14. The Principal Act is amended by repealing section 14 and submitting the following section:- " 14. Acting chairman and deputies of other members. (1) Where the chairman of the Board is absent from any cause and is thereby prevented from performing the duties of the office of chairman, the Governor in Council may appoint a person who

664 Milk Supply Act Amendment Act 1978, No. 76 is not a member of the Board to act as chairman of the Board during such absence and the acting chairman while so acting shall have and may exercise the powers, authorities and immunities and shall perform the functions and duties of the chairman. (2) The Governor in Council may at any time appoint persons who are not members of the Board to be deputies of the several members of the Board other than the chairman. (3) A person appointed as a deputy of a member of the Board in accordance with subsection (2) shall, in the absence of the member whose deputy he is, attend any meeting of the Board in the stead of that member and while so attending shall have and may exercise the powers and authorities and shall perform the functions and duties of the member of the Board whose deputy he is.". 6. Amendment of s. 16 . Section 16 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- " (1) The chairman shall preside at all meetings of the Board at which he is present and in his absence the acting chairman appointed in accordance with section 14 (1) if present shall preside. If both the chairman and acting chairman are absent from a meeting the deputy chairman if present shall preside.". 7. Amendment of s. 22. Section 22 of the Principal Act is amended by, in subsection (3), omitting the words " Public Service Board of the State " and substituting the word " Board ". 8. Amendment of s. 24 . Section 24 of the Principal Act is amended by:- (a) in the first paragraph- (i) inserting after the word " such " the word " salary,"; (ii) omitting the words " are prescribed " and substituting the words " the Minister approves "; (b) in the second paragraph, omitting the word " Fees " and substituting the words " Salary, fees ". 9. Amendment of s. 27. Section 27 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section adding the words " and powers (b) in subsection (1), (i) inserting after paragraph (c) the following paragraph:- "(ca) to make such orders and determinations and to issue such requirements, directions, notices or prohibitions as are necessary or desirable for the effectual administration of this Act;"; (ii) in paragraphs (c), (e), (g) and (j) omitting the word " production," wherever occurring; (iii) in paragraph (f) omitting the words " method, extent and conditions of production,";

Milk Supply Act Amendment Act 1978, No. 76 665 (iv) in paragraph (k), omitting the words " prescribed in such manner and form as are prescribed " and substituting the words " required by the Board to be kept in such manner and form as the Board determines "; (c) in subsection (2), omitting the first paragraph and substituting the following paragraph:- " Subject to section 35A, the Board may as a function establish, maintain, manage, conduct and operate the business of a processor or vendor."; 10. Amendment of s. 33. Section 33 of the Principal Act is amended by- (a) in subsection (1), in paragraph (c), omitting from subparagraph (i) the words " the prescribed " wherever occurring; (b) in subsection (2), in paragraph (a), omitting the words " the prescribed " wherever occurring. 11. Amendment of s. 34 . Section 34 of the Principal Act is amended by, in subsection (1), omitting paragraph (a) and substituting the the following paragraph:- "(a) the maximum and minimum prices that shall be paid to a processor or producer for milk, cream or other dairy products;". 12. New s. 35A. The Principal Act is amended by inserting after section 35 the following section:- " 35A. Power of Minister where supply or distribution of milk insufficient . (1) Where the Minister is satisfied from evidence furnished to him by the Board that the supply or distribution of milk with respect to any area is or is likely to be insufficient to meet the reasonable demands of that area, the Minister may give to the processor or, as the case may be, vendor who is licensed to operate in that area a notice calling upon him to show cause at the place and within the time specified in the notice why approval should not be given to the Board to exercise the functions and powers conferred upon it by section 27. (2) Upon the return day of the notice, the Minister shall give to the processor or, as the case may be, vendor the opportunity of being heard and thereupon shall determine the matter. If the processor or vendor fails to appear in answer to the notice the matter may be dealt with in his absence. (3) If the processor or, as the case may be, vendor appears and fails to show sufficient cause, the Minister may approve that the Board exercise the functions and powers conferred upon it by section 27. 13. Amendment of s. 36. Section 36 of the Principal Act is amended by- (a) in subsection (1), adding at the end thereof the words- G I (d) carrier's licence "; (b) in subsection (2), in paragraph (a), adding at the end of subparagraph (iv) the words ", if any;"; 22 67042

666 Milk Supply Act Amendment Act 1978, No. 76 (c) in subsection (3), (i) in paragraph (d), inserting after the word " prescribed " where firstly occurring the words " either generally or in a particular case "; (ii) inserting after paragraph (d) the following paragraph:- "(da) shall be subject to the payment of such fees or other charges and to such conditions as to payment thereof as the Board determines;"; (d) inserting after subsection (3) the following subsection:- " (4) Notwithstanding this section, the chairman of the Board may grant a renewal or transfer or accept the surrender of a licence but he shall, in a case where he considers it necessary to do so, refer any application for a renewal, transfer or surrender to the Board.". 14. New s. 36A. The Principal Act is amended by inserting after section 36 the following section:- " 36A. Permit pending determination of application for licence. (1) The chairman of the Board may, in a case where an application for a licence is made to the Board, permit the applicant to do such of the acts and things that he would be authorized to do if the licence in respect of which the application is made were granted as the chairman determines pending the determination of the application by the Board. (2) A permit granted pursuant to this section- (a) shall be in the prescribed form; (b) shall be in force for such period as the chairman determines not exceeding in any case three months; (c) shall be subject to such terms and conditions as the chairman determines, endorsed on the permit.". 15. New s. 36B. The Principal Act is amended by inserting after section 36A as inserted by this Act the following section:- " 36B. Securities by processors . (1) A person shall not at any time act or carry on business as a processor unless- (a) he has obtained and lodged with the Board a fidelity bond in the prescribed amount entered into with an insurer and that bond is in force at the material time; or (b) he has deposited and keeps deposited with the Minister the prescribed sum of money by way of security; or (c) he is at the material time exempted by the Minister from obtaining and keeping renewed the fidelity bond or making the deposit of money as security. (2) (a) The obligee of every fidelity bond for the purposes of this section shall be Her Majesty. (b) The condition of every fidelity bond for the purposes of this section shall be that if the processor while acting or carrying on business as a processor does not fail in the opinion of the Minister to duly pay all moneys payable by him to producers and to other processors for milk supplied, then the obligation of the obligor shall be void and of no effect, otherwise that obligation shall remain in full force.

Milk Supply Act Amendment Act 1978, No. 76 667 (c) The security deposited with the Minister shall be held by the Minister as a security that the processor while acting or carrying on business as a processor does not fail in the opinion of the Minister to duly pay all moneys payable by him to producers and to other processors for milk supplied. (3) The Minister shall pay to every depositor under this section during such time as the Minister retains the deposit made as security interest at the rate per centum determined by the Governor in Council. (4) Different amounts may be prescribed in respect of fidelity bonds or deposits by way of security for the purposes of this section with respect to different processors according to the volume of their respective businesses. (5) The Minister shall have full power and authority to forfeit to Her Majesty a fidelity bond or deposit of money lodged by way of security pursuant to this section where the processor concerned has failed in the condition of the bond or has not fulfilled the purpose for which the deposit of money by way of security was lodged. Where upon a forfeiture pursuant to this section, part only of the moneys is found to be sufficient to make payment in full to producers and other processors, the balance of those moneys remaining shall, without further or other authority than this provision, be refunded to the person who paid the moneys on the forfeiture of the bond or, as the case may be, who made the deposit of money that was forfeited. (6) Moneys paid to Her Majesty upon the forfeiture of a fidelity bond lodged or deposit of money made by a processor or such part thereof as is necessary for the purpose shall be applied by the Board in making payment in accordance with this Act to producers and other processors who have suffered loss by reason of the failure of the firstmentioned processor to duly pay them for milk supplied by them. (7) The Minister, where he is satisfied that- (a) the due payment of all moneys payable by a processor to producers and other processors for milk supplied is guaranteed by a bank; (b) the processor is an association within the meaning of the Primary Producers' Co-operative Associations Act1923-1974 or a society within the meaning of the Co-operative and Other Societies Act 1967-1976, may in his absolute discretion exempt that processor from obtaining and lodging a fidelity bond or making a deposit of money under this section. The Minister may at any time in his absolute discretion cancel any exemption granted by him in accordance with this subsection.".

668 Milk Supply Act Amendment Act 1978, No. 76 16. Amendment of s. 37. Section 37 of the Principal Act is amended by- (a) numbering the existing provisions as subsection (2); (b) inserting before subsection (2) as so numbered the following subsection :- " (1) The Governor in Council by Order in Council may exempt any person or class of persons from the operation of this Act or any provision thereof specified in the Order and for so long as an Order made under this subsection remains in force, the person specified therein shall be exempted from the operation of this Act or, as the case may be, the provisions so specified.". 17. Amendment of s. 38 . Section 38 of the Principal Act is amended by- (a) in subsection (1), (i) omitting the word " purchase,"; (ii) inserting after the word " licence " the words " or processor's licence "; (b) inserting after subsection (3) the following subsection:- " (4) A person shall not carry on the business of a carrier unless he is the holder of a carrier's licence. Penalty: $1000.". 18. Amendment of s. 40 . Section 40 of the Principal Act is amended by:- (a) in subsection (2), (i) in the first paragraph, omitting the words " obtaining the permission of the Board to do so " and substituting the words " furnishing to the Board notice in writing of his intention to do so and of the nature and form of the proposed charge "; (ii) omitting the second paragraph; (b) in subsection (3), in paragraph (b), inserting after the word " Board " where it occurs in subparagraph (iii) the words " and pay to the Board the prescribed fee ". 19. Amendment of s. 41 . Section 41 of the Principal Act is amended by, in subsection (3), (a) omitting the word " processes " wherever occurring and substituting in each case the word " treats "; (b) inserting after the words " of a " wherever occurring the word " processor's " . 20. Amendment of s. 44 . Section 44 of the Principal Act is amended by, in subsection (2), omitting the first paragraph and substituting the following paragraph:- " The Board shall prepare and furnish with the report referred to in subsection (1) an income and expenditure account for the financial year in question and a balance sheet with respect to the accounts kept by the Board setting forth the financial position of the Board at the end of that year.".

Milk Supply Act Amendment Act 1978, No. 76 669 21. Repeal of s. 47. Section 47 of the Principal Act is repealed. 22. Amendment of s. 67. Section 67 of the Principal Act is amended by- (a) omitting paragraphs (c) and (d) and substituting the following paragraphs: " (c) two shall be persons representative of producers, nominated by the Minister from panels of names submitted in the prescribed manner by prescribed persons; (d) one shall be a person representative of processors, nominated by the Minister from panels of names submitted in the prescribed manner by prescribed persons."; (b) adding at the end thereof the following paragraph:- "In this section the term " chairman for the time being of the Board " includes an acting chairman of the Board appointed in accordance with section 14 (1).". 23. Amendment of s. 73. Section 73 of the Principal Act is amended by, in subsection (1), omitting the second and third paragraphs and substituting the following paragraphs:- " If both the chairman and deputy chairman are absent from a meeting, the meeting shall lapse. Where a meeting has lapsed in accordance with this subsection, a further meeting shall be convened to take place within 21 days after the date on which the meeting so lapsed.". 24. Amendment of s. 74. Section 74 of the Principal Act is amended by, in subsection (4), omitting the word " Board " and substituting the word " Committee ". 25. Amendment of s. 78. Section 78 of the Principal Act is amended by adding at the end of the second paragraph the words " in every case where the Committee determines that the interest held is such as to render such absence necessary or desirable ". 26. Amendment of s. 82 . Section 82 of the Principal Act is amended by, in subsection (3), omitting the words " Public Service Board of the State " and substituting the word " Board ". 27. New s. 83A. The Principal Act is amended by inserting after section 83 the following section:- " 83A. Milk Entitlement Settlement Fund . (1) The Committee shall establish and at all times thereafter maintain a fund to be called the " Milk Entitlements Settlement Fund " (in this section referred to as the " fund "). (2) The Corporation of the Land Administration Commission Constituted under the Brigalow and Other Lands Development Act 1962-1974 is appointed the agent of the Committee for the purposes of the maintenance and operation of the fund.

670 Milk Supply Act Amendment Act 1978, No. 76 (3) There shall be paid into the fund- (a) all moneys received by the Committee from any source for the purposes of this Part; (b) all moneys received from processors pursuant to section 86. (4) There shall be paid out of the fund- (a) repayments to the Government of the State of moneys allotted by it to the fund in accordance with the terms and conditions under which the allotments were made; (b) moneys payable to producers in accordance with section 84 (c) ; (c) moneys payable to processors in respect of entitlement transactions; (d) expenditure incurred by the Corporation of the Land Administration Commission in the proper exercise of its powers and the proper performance of its functions as agent of the Committee. (5) This section shall be deemed to have commenced on 20 May 1978 and shall have retrospective effect accordingly.". 28. Amendment of s. 84 . (1) Section 84 of the Principal Act is amended by- (a) omitting paragraph (a) and substituting the following paragraph:- (aa)) to determine, vary, alter or amend in accordance with such directions as the Minister from time to time issues or in the absence of such directions as the Committee in its absolute discretion thinks fit the entitlement to which each processor is entitled; "; (b) in paragraph (b), omitting the words " or cream "; (c) inserting after paragraph (b) the following paragraph:- (G (c) to acquire the entitlement of a producer who ceases to supply milk to a processor and to pay to the producer such amount in respect of such acquisition as it thinks fit and for that purpose to raise such moneys as are required to meet such payments ". (2) It is declared that the Committee was authorized on and from 20 May 1978 to perform a function specified in paragraph (a) or (c), as inserted by this Act, of section 84 of the Principal Act. 29. Amendment of s. 85. Section 85 of the Principal Act is amended by- (a) in subsection (2), (i) omitting paragraph (d) and substituting the following paragraphs :- " (d) may in its absolute discretion and on such terms and conditions (including payment of such amount of money) as it thinks fit allocate to processors any entitlement or a portion of any entitlement acquired in accordance with section 84 (c);

Milk Supply Act Amendment Act 1978, No. 76 671 (e) may for the effectual administration of this subsection establish and maintain such procedures as will ensure prompt payment to producers of moneys with respect to an entitlement acquired in accordance with section 84 (c) and expeditious allocations to processors in accordance with paragraph (d); (f) may require every processor who supplies or sells milk to furnish to the Committee at such times as the Committee thinks fit a return setting forth particulars of all producers and other processors who are supplying or selling to (or who have for a specified period supplied or sold to) such processor milk and such other information as the Committee requires; "; (ii) relettering paragraph (e) as paragraph (g); (iii) in paragraph (g) as so lettered, omitting the words " subject to section 86,"; (b) inserting after subsection (2) the following subsection:- (3) The Committee- (a) in the performance of its function referred to in section 84 (a), may direct that its determination of a processor's entitlement shall take effect and be deemed to have taken effect on 20 May 1978 or a date subsequent to that date; (b) in the performance of its function referred to in section 84 -(b), may direct that its allocation to a producer of a portion of a processor's entitlement shall take effect and be deemed to have taken effect on 20 May 1978 or a date subsequent to that date; (c) in the performance of its function referred to in section 84 (c) or in the exercise of its power referred to in section 85 (2) (d), may direct that its acquisition of an entitlement of a producer who ceases to supply milk to a processor or, as the case may be, its allocation to any processor or processors of such an entitlement take effect and be deemed to have taken effect on 20 May 19.78 or a date subsequent to that date, and if the Committee so directs its determination or, as the case may be, allocation or acquisition shall take effect and be deemed to have taken effect on the date specified in the direction and shall be given restrospective effect accordingly and the entitlement to which the direction relates shall exist and be deemed to have existed on and from that date.". 30. Amendment of s. 86 . Section 86 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- " (1) A producer who ceases to supply milk to a processor shall give notice to the processor and the Committee accordingly in the prescribed form and the processor shall upon receipt of the notification give notice to the Committee that the producer has ceased to supply milk to him and shall furnish to the Committee in that notice such other information as is prescribed.";

672 Milk Supply Act Amendment Act 1978, No. 76 (b) omitting subsections (2) to (9) both inclusive and substituting the following subsections :- " (2) Upon receipt of a notification given by a processor under subsection (1) the Committee- (a) in relation to a processor- (i) shall require the processor to furnish independent evidence of the truth of the information supplied by that processor in accordance with subsection (1) with respect to the producer who has ceased to supply milk to that processor; (ii) shall give notice to the processor that his entitlement will be reduced from a date fixed by the Committee to the extent of the entitlement of the producer who has so ceased to supply; (iii) shall require the processor to furnish such information with respect to the producer's entitlement transactions with the processor or such other particulars generally as the Committee thinks relevant; (b) in relation to a producer- (i) shall give notice to the producer that the Committee has acquired his entitlement; (ii) shall accept from the producer an application in the prescribed form for payment of the amount determined by the Committee following acquisition by it of his entitlement; (iii) shall require the producer to furnish such information with respect to his entitlement transactions with the processor or such other particulars generally as the Committee thinks relevant. (3) A processor whose entitlement is to be reduced following cessation by the producer to supply milk to the processor may, within 14 days after the giving of the notice by the Committee under subsection (2) (a) (ii), make application to the Committee for a review of his entitlement. (4) The Committee shall consider every application made to it under subsection (3) and- (a) may grant the application in whole or in part; (b) may refuse the application. (5) The grant of an application pursuant to subsection (4) (a) may be made subject to such terms and conditions as the Committee thinks fit. (6) Where a processor whose entitlement is to be reduced following cessation by a producer to supply milk to the processor does not make application for a review of his entitlement under subsection (3), the Committee may, of its own motion, determine the matter in such manner and subject to such terms and conditions as it thinks fit.

Milk Supply Act Amendment Act 1978, No. 76 673 (7) The terms and conditions to which a grant under subsection (4) or a determination under subsection (6) is subject may include terms and conditions with respect to payment for an entitlement in respect of which the grant or determination is made. (8) For the purposes of this section, a producer shall be deemed to have ceased supplying milk to a processor if- (a) the producer fails to so supply that processor for four consecutive months without submitting to the Committee a satisfactory explanation and obtaining from the Committee exemption from compliance with this section; or (b) the producer ceases to supply milk to that processor and gives notice to the processor of his intention to so cease prior to such cessation; and (c) the producer applies for and obtains a surrender of- (i) his producer's licence; (ii) his certificate of registration with respect to his dairy produce premises under the Dairy Produce Act 1920-1974.". 31. Amendment of s. 88 . Section 88 of the Principal Act is amended by in paragraph (a) inserting after the word " lessee " the words " from the Crown ". 32. Amendment of s. 101 . Section 101 of the Principal Act is amended by, in subsection (4), inserting after the word " Act " the words " and such order as to costs as it thinks fit ". 33. Amendment of s. 104 . Section 104 of the Principal Act is amended by- (a) omitting subsection (1); (b) (i) omitting the expression "(2)"; (ii) omitting all words commencing with the word " again " to the end of the section and substituting the words " continue to be of full force and effect according to its tenor ". 34. Amendment of s. 108 . Section 108 of the Principal Act is amended by- (a) in subsection (1), omitting the word " Board " and substituting the words " tribunal convened in accordance with section 109 (3) "; (b) in subsection (2), (i) omitting the word " subsection " and substituting the word " section "; (ii) omitting from paragraph (b) the words " are prescribed or so far as not prescribed as the Board determines " and substituting the words " the Governor in Council determines, specified in the Order in Council ".

674 Milk Supply Act Amendment Act 1978, No. 76 35. Amendment of s. 109 . Section 109 of the Principal Act is amended by- (a) in subsection (1), inserting after the words " to the " the words " chairman of the "; (b) in subsection (2), (i) omitting the word " and " where it occurs after paragraph (b); (ii) inserting after paragraph (c) the following paragraph:- and (d) such other information as the chairman of the Board in a particular case requires "; (c) in subsection (6), (i) omitting the words " prescribed manner " where they occur in the first paragraph and substituting the words " manner specified in the notice "; (ii) omitting the expression " Subsection (2)" and substituting the expression " Subsections (1) and (2)"; (d) in subsection (7), omitting the last paragraph; (e) in subsection (8), omitting paragraph (e) and substituting the following paragraph:- "(e) such other matters as it considers relevant."; (f) in subsection (9), adding at the end thereof the following paragraph:- "The secretary to the Board shall be the secretary to the tribunal."; (g) in subsection (12), (i) inserting after the word " refuse " the words " to adopt or may amend, alter or vary "; (ii) omitting the second paragraph. 36. Amendment of s. 110 . Section 110 of the Principal Act is amended by, in subsection (1), omitting the figures " 10 " and substituting the figures " 09 ". 37. Repeal of and new s. 111. The Principal Act is amended by repealing section 111 and substituting the following section:- " 111. Power of chairman of Board . The chairman of the Board may invite by any means he thinks fit applications for an authority under section 108 in respect of any locality or localities within which he considers the establishment or maintenance of a pasteurisation plant for the supply of pasteurised milk or cream is justifiable. An invitation pursuant to this section may be made subject to such requirements as the chairman of the Board determines.".

Milk Supply Act Amendment Act 1978, No. 76 675 38. Amendment of s. 113. Section 113 of the Principal Act is amended by- (a) in subsection (1), inserting after the words " to the " the words " chairman of the "; (b) omitting subsection (2) and substituting the following subsection:- " (2) The chairman of the Board shall on receipt thereof refer each application to a tribunal convened by him consisting of those persons specified in section 109 (3). The chairman of the Board, where he considers it necessary or desirable to do so, may convene a tribunal consisting of those persons specified in section 109 (3) and may recommend to that tribunal that an authority granted under section 108 and in force be amended, altered, varied or modified and a recommendation so made shall be taken to be an application in accordance with subsection (1)."; (c) in subsection (3), omitting the word " Board " and substituting the words " Governor in Council ". 39. New s. 118A. The Principal Act is amended by inserting after section 118 the following section:- " 118A. Failure to submit panel . Where a body entitled under section 8 or 67 to submit to the Minister a panel of the names of persons fails within the time specified in a request in writing in that behalf given by the Minister or submits a panel that consists of the names of persons who in the opinion of the Minister are unsuitable for membership of the Board or Committee, the Minister may without that panel submit to the Governor in Council a nomination of any person or, as the case requires, persons who in the opinion of the Minister is a suitable person or are suitable persons for membership of the Board or, as the case may be, Committee to represent the interests of the class of persons concerned and the person or persons so nominated shall be deemed to be duly nominated in accordance with those sections.". 40. Amendment of s. 129. Section 129 of the Principal Act is amended by- (a) in paragraph (d), inserting after the word " member " the words " or officer "; (b) in paragraph (e), inserting after the word " member " the words " or officer ". 41. Validation of certain payments . It is declared that- (a) all payments made before the commencement of this Act as a consequence of the Committee performing its functions and exercising its powers under the Principal Act or purporting

676 Milk Supply Act Amendment Act 1978, No. 76 to perform functions and to exercise powers conferred on the Committee by the Principal Act as amended by this Act were lawfully made; (b) the persons to whom payments referred to in paragraph (a) have been made are and always were lawfully entitled to accept the moneys paid to them and to retain those moneys.