Milk Supply Act Amendment Act of 1961 (10 Eliz ll No. 19) (Qld)

654 ~uccuslattb ANNO DECIMO ELIZABETHAE SECUNDAE REGINAE. •••••••••••e•••••••••••••••••••••••••••••••••••••• No. 19. An Act to Amend "The MilkSupplyAct of 1952" in certain particulars. [ASSENTED TO 4TH APRIL, 1961.] B E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis- lative.Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title. 1. (1.) This Act may be cited as" The Milk Supply Act Amendment Act of 1961." A Pr c i t n . cipal Act r(e2f. ) er " re T d h t e o a M s i t l h k e S P u ri p n p c l i y pa A l A ct ct o . f 1952,. is in this C ti o tl l e le . ctive colle(c3ti. ) veTlyhecitPedrinacsip " al Th .A e ct Mi a l n k d Su t p h p is ly A A c c t ts, m1a9y52 b to e 1961." Co~;ce• ( 4.) Sections seven, eight, nine, eleven and twelve :~t ~. 9, 11 of this Act shall come into operation on a date to be and 12• fixed by the Governor in Council by Proclamation published in the Gazette.

1961. MilkSupplyAct Amendment Act. 655 2. Section three of the Principal Act is amended 'ie~dment by inserting, after the words "PART III.-GENERAL O s. · FUNCTIONS, POWERS, AND DUTIES OF MILK BOARDS (s. 17) ; " the following words : - " PART IIIA.-SALES PROMOTION ; PART llln.-FIXING AND DECLARATION OF PRICE OF MILK AND CREAM ; ". 3. ( 1.) Section nine of the Principal Act is .Amendments amended- of 8• 9• (a) By omitting paragraph (b) of subsection two and inserting in its stead the following paragraph :- " (b) Subject to this Act, of the members of the Brisbane Milk Board other than the chairman- (i.) One (who shall be a producer who supplies whole milk) shall represent the producers who for the time being are supplying or selling milk or cream for use within the Brisbane Milk District ; (ii.) One shall represent the wholesale vendors who carry on business as such vendors within the Brisbane Milk District; (iii.) One (who shall be a producer who supplies whole milk) shall represent the wholesale vendors who carry on business as such vendors without the Brisbane Milk District and for the time being supply milk to wholesale vendors who carry on business as such within that district; (iv.) One shall represent the retail vendors; and (v.) One shall represent the consumers."; (b) By omitting from paragraph (c) of subsection two the words " two persons for appointment as members of the Brisbane Milk Board to represent the producers, the person for appointment as member of the Board to represent the wholesale vendors, and the person for appointment as member of the Board to represent the retail vendors, as referred to in subparagraph (b) " and inserting in their stead the words " the person for appointment as member of the Brisbane Milk Board to represent the producers, the person for appointment as member of the Board to represent the wholesale vendors, and the person for appointment as member of the Board to represent the retail vendors as referred to in subparagraphs (i.), (iii.) and (iv.) of paragraph (b) " ;

656 MilkSupplyAct Amendment Act. 10 ELIZ. II. No. 19, (c) By adding to paragraph (c) of subsection two the following subparagraph :- " At an election of the person for appointment as member of the Board to represent the wholesale vendors referred to in subparagraph (iii.) of paragraph (b) of this subsection, every such wholesale vendor shall be entitled to a number of votes~ up to but not exceeding a prescribed maximum number, based on the quantity of milk supplied by him during a prescribed period to wholesale vendors who carry on business as such within the Brisbane Milk District." (d) By, in subsection three- {i.) Inserting after the words " a person to be the chairman " the words ", a person to be the member representing the wholesale vendors referred to in subparagraph (ii.) of paragraph (b) of subsection two of this section" ; (ii.) Omitting the word "four", where that word appears twice, and inserting in its stead the word " three " ; (e) By inserting after subsection three the following subsection :-- " (3A.) The appointment of a person to be the member of the Brisbane Milk Board representing the wholesale vendors referred to in subparagraph (ii.) of paragraph (b) of subsection two of this section shall be made from a panel of names submitted by those wholesale vendors. The panel shall contain the names of such number of persons as is equivalent to the number of such wholesale vendors for the time being registered with the Board but the panel shall contain not less than the names of two persons. The panel of names to be submitted under this subsection shall be chosen by the wholesale vendors in such manner as may be prescribed and in so far as not prescribed as such vendors may determine. The Minister shall cause notice in writing to be given to each registered wholesale vendor of the intention of the Governor in Council to make an appointment to which this subsection relates.

1961. MilkSupplyAct Amendment Act. 657 If at the expiration of the period of thirty days, or such extension of that period as the Minister thinks fit and is hereby authorised to grant, the Minister has not received the panel in compliance in every respect with the requirements of this subsection, the Governor in Council may appoint, as he deems fit, a person to be the member of the Board representing the wholesale vendors rererred to in this subsection." ; (/) By omitting from the first proviso to paragraph (b) of subsection five the words ", but subject to the provisions of paragraph (b) of subsection two of this section," ; (g) By omitting from the second proviso to paragraph (b) of subsection five the words ", but subject to the provisions of paragraph (b) of subsection two of this section,". (2.) The provisions of subsection one of this section shall come into operation on the first day of July, one thousand nine hundred and sixty-two, but for the purpose of the appointment pursuant to the provisions of "The Milk Supply Acts, 1952 to 1961," of members of the Brisbane Milk Board, in succession to the members thereof in office at the passing of this Act, all such acts, matters and things may be done and all such powers may be exercised after the passing of this Act and before the coming into operation of the provisions of subsection one of this section as may be done or exercised after the coming into operation of the provisions of that subsection. (3.) Nothing in subsection one of this section shall affect the continuity or corporate identity of the Brisbane Milk Board or any right of action by or against it. 4. The Principal Act is amended by inserting New after section seventeen the following headnote and ;!~t ::. 1- ~· 1 A, sections :- 17B and 17c. « PART IIIA.-SALES PROMOTION. [17 A.] The Brisbane Milk Board may either on its Power ?f own behalf or in collaboration with any other Board, !f:t!~n authority, association or person take or arrange for the to the . taking of, any action which, in the opinion of the Board, ~;~~:tion is likely to promote the sale in Queensland of milk for sa)e of mHk.

658 Milk Supply Act Amendment Act. 10 ELIZ. II. No. 19, liquid consumption and in particular is likely to expand existing markets or to secure new markets in Queensland for milk for liquid consumption. Milk Sales Promotion Fund. [17B.] (1.) A fund is hereby established to be known as " The Milk Sales Promotion Fund." (2.) The Milk Sales Promotion Fund shall be administered by the Brisbane Milk Board. (3.) There shall be paid into the Milk Sales Promotion Fund- (a) Amounts equal to the amounts of assessment received by the Board by virtue of section 17 J of this Act; (b) Moneys paid by any other Board, authority, association or person to the Board for the purposes of the fund ; (c) Moneys received by the Board from the sale of any goods bought or produced, or in respect of any work paid for, out of moneys paid out of the fund ; and (d) Interest from the investment of moneys standing to the credit of the fund. (4.) Where an account referred to in section 17n of this Act is opened, payment into that account of moneys referred to in subsection three of this section shall be deemed to be payments into the Milk Sales Promotion Fund. (5.) The provisions of section forty-five of this Act shall, with all necessary adaptations, apply to the operations of the Board under this Part IIIA. and to the administration of the Milk Sales Promotion Fund. Application [17c.] (1.) Subject to subsection two of this section, of the Milk moneys standing to the credit of the Milk Sales Promotion i~~':.otion Fund may be expended by the Brisbane Milk Board for the Fund. following purposes- (a) The exercise of the powers, or the performance of the functions, of the Board under this Part IIIA.; (b) The payment into the general funds of the Board of such amount as may be determined by the Minister upon the recommendation of the Board to be attributable to the exercise of the powers, or the performance of the functions, of the Board under this Part IIIA. ;

1961. Milk Supply Act Amendment Act. (c) In contributing towards expenditure which the Board is satisfied has been or will be incurred by the Australian Dairy Produce Board for the purpose of promoting the consumption of milk ; (d) The payment of fees and allowances payable to persons appointed by the Board under section l 7E of this Act; (e) Any purpose incidental to a purpose referred to in a preceding paragraph of this subsection. (2.) Where pursuant to section l 7r of this Act any Board (other than the Brisbane Milk Board), authority, association or person, including any wholesale vendor or any person authorised to establish and carry on a pasteurisation plant pursuant to Part VI. of this Act enters into an agreement with the Brisbane Milk Board to collaborate in the exercise of the powers, or the performance of the functions, conferred upon the Brisbane Milk Board by this Part IIIA. such amounts as may be determined by the Brisbane Milk Board but not exceeding fifty per centum of the amount of any assessment received by that Board by virtue of section 17 J of this Act in respect of milk supplied for use within the district of that other Board or an area or areas in respect whereof a person is authorised to carry on and establish a pasteurisation plant or so supplied to an association shall be paid to the other Board, association or person, as the case may be, to be expended by the other Board, association or person for the purpose of promotion of the sale of milk for liquid consumption within the district or area of the Board, association or person in question.'' 659 5. The Principal Act is amended by inserting New ss. 110, after section 17 c (as previously inserted by this Act) a1n7 E d , 11770 F . the following sections :- " [17n.J (1.) Moneys in the Milk Sales Promotion Investment, F • und n . ot immediat, . ely required for the purposes specified ru& o c n ., e o y r s 1 . n m sect10n 17 c of this Act- Milk Sales ( a ) M ... ay b e m . veste d m . securi . ti . es o f or guarantee d F P u ro n m d. otion by the government of the Commonwealth or of a State ; or

660 Milk Supply Act Amendment Act. IO ELIZ. IL No. 19, (b) May be lodged in an account or accounts at call or on fixed deposits, or partly in an account or accounts at call and partly on fixed deposits at the Commonwealth Bank of Australia or at such other bank or banks as the Minister shall approve. (2.) Cheques drawn on an account referred to in subsection one of this section shall be signed in the same manner as cheques drawn upon the general account of the Brisbane Milk Board are required to be signed. Appointment [17E.] (1.) The Brisbane Milk Board may appoint :tisers. persons to advise it in relation to any purpose in respect of which moneys may be expended from the Milk Sales Promotion Fund. (2.) A person appointed under subsection one of this section shall be paid such fees and allowances (if any) as the Board determines. Milk Sales [17F.] (1.) For the purposes of this Part IIIA. there PArdovmisootriyon shall be a Milk Sales Promotion Advisory Committee. Committee. (2.) The committee shall be deemed to be established on and from the date of the first appointment of the members thereof. (3.) The committee shall consjst of the chairman of the Brisbane Milk Board who shall be its chairman, and not less than four and not more than nine other members. For the purposes of this section and section 170 of this Act, the term '' chairman of the Brisbane Milk Board" shall include the deputy for the chairman of that Board when and during such time as pursuant to this Act he acts as chairman of the Board. (4.) The other members of the committee shall, upon the nomination of the Minister, after consultation with such organisations and persons engaged in or connected with the milk supply industry as the Minister thinks appropriate be appointed from time to time by the Governor in Council by notification published in the Gazette. (5.) The other members of the committee shall hold office during the pleasure of the Governor in Council.

1961. llfillc Supply Act Amendment Act. 661 (6.) The appointment of a member of the committee is not invalidated and shall not be called in question by reason of a defect or irregularity in connection with his nomination. (7.) The exercise of a power or the performance of a function of the committee is not invalidated by reason only of there being a vacancy in the membership of the committee. [17o.] (1.) The committee shall meet at such times Proceedings and place~ and co~duct its business in such_manner ~s may ~~mmittee be prescribed or m so far as not prescribed as 1t may meetings. from time to time determine. (2.) At, a meeting of the committee- Qu'?rum and (a ) A maJ . on . ty o f the number o f mem b ers o f the votmg. committee for the time being shall form a quorum; {b) The chairman of the committee or in his absence the member elected by the members present to act as chairman shall preside; (c) All questions shall be decided by a majority of votes of the members present and voting; and (d) The chairman of the committee or other member presiding shall have a deliberative vote and in the event of an equality of votes shall also have a casting vote." 6. The Principal Act is amended by inserting New ss. 17H, after sect· . ion 17 G ( as prev1.0us1y m. sert ed b· y th" 1s A ct) 1 1 7 7 x r, . 17J and the following sections :- " [17H.] (1.) The committee may initiate and refer to !t~~!ions the Brisbane Milk Board- committee. (a) Recommendations for the exercise of the powers, or the performance of the functions, of the Board under this Part IIIA. ; (b) Recommendations for the administration of the Milk Sales Promotion Fund ; and (c) Recommendations relating to the making and levying of an assessment under section 17 J of this Act.

662 Milk Supply Act Amendment Act. IO ELIZ. II. No. 19, (2.) It shall be the duty of the committee to consider and advise the Brisbane Milk Board upon such matters in question as the Board may from time to time refer to it relating to- (a) Any proposal for the exercise of the powers, or the performance of the functions, of the Board under this Part IIIA. ; (b) The administration of the Milk Sales Promotion Fund; and (c) The making and levying of an assessment under section 17 J of this Act. ;,!reements [171.] An:y ~oard (other ~han the Brisbane ~~ilk participation Board), association or authonty or person supplymg i?- the Milk milk or otherwise connected with the milk industry, SParolems otion i • nc1u d' mg any who1esa1evend or or any person authon·sed Scheme. to establish and carry on a pasteurisation plant pursuant to Part VI. of this Act, may enter into an agreement with the Brisbane Milk Board upon such terms and conditions as may be specified in the agreement to collaborate with the Brisbane Milk Board in the taking or arranging for the taking of any action which in the opinion of that Board is likely to promote the sale in Queensland of milk for liquid consumption and in particular is likely to expand existing markets or to secure new markets in Queensland for milk for liquid consumption. Such an agreement may provide for payment to the Board for the purposes of this Part IIIA. by any party thereto of such amount or periodical amounts as may be specified therein, but so that such a provision shall not affect any liability imposed upon any such party by section 17 J of this Act in respect of an assessment under that section. Power of [17J.] (1.) The Brisbane Milk Board may from time mBoaakredatnod to time for the purposes of this Part IHA. make and levy levy such assessment as is for the time being determined asseasments. b y the B oar d on m1' lk supp 1 1 · ed- (a) To any wholesale vendor for use within- ( i.) The Brisbane Milk District; or (ii.) The district of any other Milk Board which has entered into an agreement with the Brisbane Milk Board pursuant to section 171 of this Act ; or

1961. Milk SupplyAct Amendment A ct. (b) To any wholesale vendor who has entered into an agreement with the Brisbane Milk Board pursuant to section 171 of this Act for use within any area outside a milk district. (2.) Any such assessment shall not exceed an amount of one farthing per gallon of milk. (3.) Upon the making of an assessment under this section every wholesale vendor (which expression includes, in the case of any person authorised to establish and carry on a pasteurisation plant pursuant to Part VI. of this Act, such person) shall pay to the Brisbane Milk Board the amount of such assessment upon the actual number of gallons of milk subject to an assessment under this section received by him during each and every calendar month and the amount thereof payable for each month shall be remitted by the wholesale vendor to the Brisbane Milk Board within fifteen days after the last day of that month : Provided that any wholesale vendor not carrying on business within a district or area referred to in subsection one of this section shall, to the extent of all milk supplied by him to a wholesale vendor carrying on business within such district or area, be exempt from the requirements of this subsection but the wholesale vendor carrying on business within the district or area shall pa,y and remit the amount of the assessment on that milk in accordance with this subsection. (4.) Every wholesale vendor carrying on business within a district or area referred to in subsection one of this section may deduct from the moneys payable by him to a producer or to any other wholesale vendor for milk subject to an assessment under this section delivered to him by such producer or wholesale vendor during the month in question the amount of the assessment payable by him to the Brisbane Milk Board with respect to the milk: Provided that where the agreement entered into by a wholesale vendor with the Brisbane Milk Board pursuant to section 171 of this Act provides for the payment by such wholesale vendor of part of the assessment, such deduction shall be limited to the remaining part of the assessment. 663

664 Milk Supply Act Amendment Act. 10 ELIZ. II. No. 19, (5.) The amount of the assessment under this section unpaid to the Brisbane Milk Board by a wholesale vendor shall constitute a debt due and owing by him to the Board and the Board may recover the same from him by action in any court of competent jurisdiction. (6.) An assessment made under this section shall be subject to confirmation by the Minister and u1Jon such confirmation a notice of the making thereof shall be published in the Gazette and thereupon the assessment shall be deemed to be duly made and levied and shall be payable as prescribed by this section and, if not so paid, recoverable. (7.) The assessment shall be due and payable as from the date of the publication of the notice thereof in the Gazette unless such notice prescribes some other date in which event the assessment shall become due and payable as from the notified date. (8.) The Brisbane Milk Board may by notice published in the Gazei,te vary or otherwise alter the amount of the assessment at any time and from time to time. Any such variation or alteration shall be subject to confirmation by the Minister. eMPxoitwlekneSrdatloes Procl [1 a 7 m K a . t ] io ( n 1.) puTbhliesheGdoivnertnhoer G i a n zette Coduencclailre mthaayt thbiys Promotion Part IIIA. shall extend and apply to and with respect to oStchheerme to cream and thereupon the provisions of this Part IIIA. products. shall extend and apply to and with respect to cream. For the purpose of extending and applying section 17 J of this Act to cream pursuant to a Proclamation under this section, subsection two shall be read as if " three pence " were substituted for " one farthing." Every other provision of this Part IIIA. extended and applied by Proclamation under this section to cream shall, for the purpose of so applying that provision, be read with and subject to all necessary adaptations. (2.) Where the provisions of this Part IIIA. have been extended and applied by Proclamation under this section to cream, a separate fund may be established and kept in respect of cream or payments with respect

1961. Milk Supply Act Amendment Act. 665 thereto may be made into or out of the fund established and kept according to the expressed provisions of this Part IIIA. (3.) Nothing in this section shall limit or affect howsoeve:r the application of this Part IIIA. according to its provisions or be deemed to require the making of any Proclamation under this section precedent to applying any of the provisions of this Part IIIA. as the same are expressed to apply." 7. The Principal Act is amended by inserting New after section 17K (as previously inserted by this Act) a P n a d rt s I s I . In l . 7L the following headnote and sections :- and 17M. " PART IIIB.-FIXTNG AND DECLARATION OF PRICE OF MILK AND CREAM. [J7L.] (1.) The Brisbane Milk Board with the Po:,verof approva 1 o f . tl ie M.r u . u • ster may, a f ter sue h . 1 • . nqm • n • es as 1 • 1 .. . . , B :M n i s lk bBanoeard considers desirable, by order fix and declare- to fix and declare (a) The minimum price or prices which may be p1·ices. paid to any wholesale vendor who carries on business as such without the Brisbane Milk District or to any producer for milk or cream supplied hy him for use within the Brisbane Milk District ; and/or (b) The maximum price or prices at which milk or cream, including the container (if any), may be sold in the Brisbane Milk District. (2.) \Vithout limiting the generality of subsection one of this section, the :Brisbane Milk Board in the exercise of its pov'.rers under that subsection may fix and declare- (ft) Different mmmmm or maximum prices (whether for wholesale or retail sale) according to differences in quality, grade, class or description of any mi]k or cream or in the quantity of the milk or cream sold or in respect of different conditions of collection, treatment, delivery or sale or in respect of milk or cream produced in different areas or delivered, distributed or sold in different areas or in respect of different purposes for "Nhich any milk or cream is to be used;

666 Milk Supply Act Amendment Act. 10 ELIZ. II. No. 19, (b) The price or prices which may be paid to or charged by any person for the collection, treatment, storage, distribution or delivery of milk or cream ; (c) The price or prices to be paid by retail vendors or other persons for milk or cream bought by wholesale for re-sale or for subsequent use ; and (d) Minimum or maximum prices according to or upon such principle or condition as the Board may think fit. (3.) In fixing and declaring any minimum price under this section the Board shall have regard to costs of production of the milk or cream and shall take into consideration such rates of allowance, as may be approved by the Minister, to cover the producer's own labour and management, the labour of the producer's family, interest on capital employed and land and stock values. (4.) In the fixing and declaration of any minimum or maximum price the Board shall have regard to all relevant factors including drought conditions in areas of production and the effect upon consumption of any variation in the minimum or maximum prices. (5.) Any order for the fixation and declaration of prices under this section- (a) Shall if approved by the Minister be published in the Gazette and shall have effect from the date specified in the notification ; and (b) May be revoked, varied or amended as the Brisbane Milk Board thinks fit by any subsequent order made with the approval of the Minister and so published. Boa~d to [17M.] (1.) For the purpose of enabling the Minister f~::!ation to determine whether he should aJ.?prove or. refuse to to Minister. approve of any order by the Brisbane Milk Board pursuant to section l 7L of this Act fixing and declaring any price, the Board shall furnish to the Minister all information which he may require as to the basis or bases upon which the Board has fixed and declared that price.

1961. lllilk lfopply Act Amendment Act. 667 (2.) For the purpose of carrying out the powers and functions conferred upon it by section l 7L of this Act, the Board may require any producer, retail vendor, wholesale vendor or other person engaged in the business of production, collection, treatment, carriage, sale, delivery or supply of milk or cream for use in the Brisbane Milk District to produce to the Board any books of account and any other document kept or prepared in connection with such 'business and to supply to the Board such other particulars in relation to ·the business as the Board shall require. (3.) The Board may for a period not exceeding twenty-eight days retain the books, balance sheets, copies and documents produced pursuant to a requirement of the Board pursuant to subsection two of this section. (4.) Any person who fails in any respect to comply with any requirement of the Board made pursuant to subsection two of this section shall be guilty of an offence and liable to a penalty not exceeding fifty pounds." 8. The Principal Act is amended by inserting New ss. I7N, after section 17M ( as previously inserted by this Act) 170 and 17 P· the following sections :-- " [17N.] (1.) The chairman of the Brisbane Milk Fixatioi: and Board with the approval of the M · inister shall ' if so odefcplari_creastion directed by the Minister and may of his own volition or in area of if so requested by the producers, wholesale vendors or !':n rd 0th0 r persons who sell by retail milk or cream or milk and B~isbane cream, after such inquiries as he considers desirable, Milk Boarcl. by order fix and declare- (a) The minimum price or prices which may be paid to any producer for milk or cream supplied by him for use within a district or area outside the Brisbane Milk District ; and/or (b) The maximum price or prices at which milk or cream, including the container (if any), may be sold by wholesale and/or by retail in such a district or area. (2.) The provisions of subsections two to five (both inclusive) of section l 7L and of section 17M of this Act shall apply and extend, with and subject to all necessary

668 MilkSupplyAct Amcndrnent Act. 10 ELIZ. IL No. 19, adaptations, to the fixing and declaration of any minimum or maximum price or prices under this section and any inquiries in relation thereto and without limiting the generality hereof those provisions shall be read as if the words "chairman of the Brisbane Milk Board" were substituted for the vrnrds "Brisbane Milk Board " and the words " district or area in question " were substituted for the words "Brisbane Milk District ". (3.) Any request referred to in this section shall be accompanied by such sum as the Brisbane Milk Board shall, subject to the approval of the Minister, require. Such Board may apply such sum in or towards defraying the costs incurred by the chairman thereof in making inquiries in relation to such request, and notwithstanding that it is refused. Crtheosesptfesicxitnaotifon the B [1 r 7 is o b .] an ( e 1.) MAilknyBocoasrdts iiuncruesrrpeedctboyf tthhee fcihxaaitrimonananodf and deter- declaration of any minimum price or prices mentioned mmiinniamtiounmof in paragraph (a) of subsection one of section 17N of this pprriocdeuscteors, iAnctthaendcaisne omfaakninyg raenqyueisntqmuiernietsioinnedreilnatisounbstehcetrieotno 0 o 11 r 0 , of the said section 17N in respect of such a price or prices, in making any jnquiries in relation to such request and notwithstanding that it is refused, may be recovered by the Brisbane Milk Board by an assessment made and levied by that Board upon milk and cream or milk or cream supplied for use in the district or area in respect whereof such price or prices was or were fixed and declared or, as the case may be, such request was made. (2.) Any assessment made under this section shall be subject to the approval of the Minister. (3.) Upon the making of an assessment under this section, every ·wholesale vendor shall pay to the Brisbane Milk Board the amount of such assessment upon the actual number of gallons of milk or, according to the article on which the assessment is made and levied, cream received by him during each and every calendar month and the amount thereof payable for each month shall be remitted by the wholesale vendor to the Brisbane Milk Board within fifteen days after the last day of that month :

1961. Milk Snpply A.ct A.rnendmcnt A.ct. 10 ELIZ. II. No. 19, 669 Provided that any wholesale vendor not carrying on business within the district or area in question shall, to the extent of all milk or cream subject to an assessment under this section supplied by him to a wholesale vendor carrying on business within such district or area, be exempt from the requirements of this subsection but the wholesale vendor carrying on business within the district or area in question shall pay and remit the amount of the assessment on that milk or cream in accordance with this subsection. (4.) Every wholesale vendor carrying on business within the district or area in question may deduct from the moneys payable by him to a producer or to any other wholesale vendor for milk or cream subject to an assessment under this section delivered to him by such producer or wholesale vendor during the month in question the whole of the amount of the assessment payable by him to the Brisbane Milk Board with respect to the milk or cream. (5.) The amount of the assessment unpaid to the Brisbane Milk Board by a wholesale vendor shall constitute a debt due and owing by him to that Board and the Board 111.ay recover the same from him by action in any court of competent jurisdiction. (6.) When the Brisbane Milk Board makes an assessment under this section, a notice of the making thereof shall be published in the Gazette and thereupon such assessment shall be deemed to be duly made and levied and shall be payable as hereinbefore prescribed and, if not so paid, recoverable. (7.) The assessment shall be due and payable as from the date of the publication of the notice thereof in the Gazelle unless such notice prescribes some other date in which event the same shall become due and payable as from the notified date. The assessment shall cease to be payable as from a date specified in that behalf in the notice of the assessment published in the Gazette. (8.) The Brisbane Milk Board, with the approval of the Minister, may by notice published in the Gazette vary or otherwise alter the amount of the assessment at any time and from time to time.

670 Jl,Jilk Supply Act Amendment Act. 10 Euz. II. No. 19, Costs in [17P.] (1.) Any costs incurred by the chairman of ~~~°!!~e the Brisbane Milk Board in respect of the fixation and declara~ion declaration of any maximum price or prices mentioned ~t::~:1 in paragraph (b) of subsection one of section 17N of this reta~ pl'ices Act, and in making any inquiries in relation thereto, or c o r f e m am ilk . or m • t h. e case of any request ment·10ned m. subsect·10n one of the said section 17N in respect of such a price or prices, in making any inquiries in relation to such request and notwithstanding that it is refused, may be recovered by the Brisbane Milk Board- (a) If such price or pr.ices were fixed and declared or, as the case may be, such request was made in relation to the sale by wholesale of milk or cream, or milk and cream, in any district or area, from the wholesale vendors carrying on business within such district or area; or (b) If such price or prices were fixed and declared or, as the case may be, such request was made in relation to the sale by retail of milk or cream, or milk and cream, in any district or area, from the persons who sell by retail milk or cream, or milk and cream, within such district or area. (2.) Where any fixation and declaration of prices or any request mentioned in subsection one of this section relates both to the sale by wholesale and to the sale by retail of milk or cream, or both milk and cream, in any district or area, the total costs recoverable by the Brisbane Milk Board under this section in respect thereof shall be divided as such Board determines between the wholesale vendors carrying on business and the persons selling by retail milk or cream, or milk and cream, in such district or area. (3.) The aggregate of any costs recoverable by the Brisbane Milk Board under this section from any wholesale vendors or from any persons who sell by retail milk or cream, or milk and cream, shall be apportioned among such wholesale vendors or, as the case may be, persons as the Board deems fit. In making such apportionment the Board shall have regard to the quantities of milk or cream, or milk and cream, sold by such wholesale vendors or, as the case may be, persons respectively.

1961. Milk Stipply Act Amendment Act. 671 (4.) The amount apportioned under subsection three of this section of any costs recoverable by the Brisbane Milk Board under this section, unpaid by the wholesale vendor or person to whom such amount has been apportioned, shall constitute a debt due and owing by him to such Board, and the Board may recover the same from him by action in any court of competent jurisdiction. (5.) The recovery by the Brisbane Milk Board of any costs under this section, and the division or apportionment thereof under subsections two or three of this section, shall be subject to the approval of the Minister." A c t 1 · 9 s . amSuebns d eec d ti b oyn - six of section forty of the Principal o Arm s. e 4 n 0 dm (6 e J n . ts (a) Omitting the words " maximum price " and inserting in their stead the words " minimum or, as the case may be, maximum price " ; and (b) Omitting the words " " The Profiteering Prevention Act of 1948 " by the Commissioner of Prices " and inserting in their stead the words " this Act ". 10. (1.) Section forty-eight of the Principal Act Amendment ~am~&d- ~ ~ & (a) By in subsection three omitting the word " settlement " and inserting in its stead the word " statement " ; (b) By in subsection thirteen omitting the first paragraph and inserting in its stead the following paragraph :- " While any Order in Council made under this Part of this Act (or made under the provisions corresponding to this Part of " The Milk Supply Act of 1938 ") is in force, the person to whom that Order in Council is granted may make application to the chairman of the Brisbane Milk Board for the amendment, alteration, variation or modification otherwise thereof."; and (c) By adding at the end of subsection thirteen the following paragraph:- " The Governor in Council may make the amendment, alteration, variation or modification otherwise of the Order in Council by a further Order in Council or by substituting a fresh Order in Council for the existing Order in Council."

672 Mille Supply Act Amendment Act. 10 ELrz. II. No. 19, (2.) It is hereby declared that all Orders in Council amending or purporting to amend in whole or in part any Order in Council made under Part VI. of " The Milk Supply Act of 1952," (or made under the provisions corresponding to that Part VI. of " The Milk Supply Act of 1938,") made before the passing of "The Milk Supply Act Amendment Act of 1961," which would have been valid if made after the passing of " The J,J ilk Supply Act Amendment Act of 1961," are and always have been valid. Amendment 11. Section fifty-two of the Principal Act is of s. 52. amended by omitting subsection three and inserting in its stead the following subsections :- " (3.) Where the minimum price which may be pa.id by a wholesale vendor for any milk or cream supplied to him by a producer or another wholesale vendor is fixed and declared by order under sections l 7L or 17N of this Act, such firstmentioned wholesale vendor shall pay to such producer or other wholesale vendor for such milk or cream a price not less than the minimum price so fixed and declared. (4.) Where the maximum price at which any milk or cream sold by a wholesale vendor or by a person who sells by retail may be sold by him is fixed and declared by order under sections l 7L or 17N of this Act, such vendor shall not sell such milk or cream at a price in excess of such maximum price." Saving. 12. Every order fixing and declaring the maximum price at which milk or cream may be sold, whether by wholesale or retail, made by the Commissioner of Prices under " The Profiteering Prevention Acts, 1948 to 1959," before and in force at the coming into operation of sections seven and eight of this Act shall continue in force until it is revoked or an order under " The Milk Supply Acts, 1952 to 1961," is substituted for it by the Brisbane Milk Board or the chairman of such Board. The Brisbane Milk Board, pursuant to its jurisdiction under secti-0n l 7L of " The Milk Sitpply Acts, 1952 to 1961," or the chairman of such Board, pursuant to his jurisdiction under section 17N of such Acts, may revoke any order of the Commissioner of Prices referred to in this section, and either with or without substituting therefor an order made pursuant to such jurisdiction.

10 ELIZ. II. No. 19, 1961. Milk Supply Act Amendment Act. During the continuance in force of any order of the Commissioner for Prices referred to in this section, the provisions of subsection six of section forty or of subsection three of section fifty-two of "The MilkSupplyAct of 1952," as in force immediately Ilrior to the coming into operation of sections nine and eleven of this Act and to the extent to which such provisions then applied with respect to such order, shall continue to apply with respect to such order. 673 By Authority: S. G. REID, Government Printer, Brisbane-1961 22.