Milk Supply Act of 1938 (2 Geo Vi No. 27) (Qld)

MERCANTILE-MILK SUPPLY. 2 GEO. VI. No. 27,1938. Milk SupplyAct. If Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the power to make further or other regulations. For the purpose of this section the term "sitting days" shall mean days on which the House actually sits for the despatch of business. 17201 MILK SUPPLY. An Act to Provide for the Regulation and Control 2 N G o E . O. 27 V . I. of the Treatment. Supply, Sale, and S T U H P E PLY MI A L C K T 011' 1938. Distribution of Milk and Cream for Consumption or Use in Prescribed Districts; to Constitute Milk Boards for such Districts, and to Prescribe their Jurisdiction, Powers, and Duties; and for other purposes. [ASSENTED TO 1ST DECEMBER, 1938.] B E it enacted by the King'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:- 1. (1.) This Act may be cited as" The Milk Supply Short title. Act of 1938." *(2.) Subject as otherwise provided, this Act shall Commence- come into force on a date to be proclaimed by the ment of Act. Governor in Council by Proclamation published in the Gazette. 2. Subject as hereinafter provided, this Act shall ~ PKli: at! ~ : extend and apply and have operation and effect with ~sp~ct~~ respect to all milk and cream for consumption or use or milk and intended for consumption or use within a district com- cream. prising the Area of the City of Brisbane as set forth in the Schedule to this Act and with respect to all milk . * Act proclaimed in force on and from the 12th December, 1938. (See Proclamation dated 9th December, 1938, published in Gazette of lOth December, 1938, page 2536).

17202 MILK SUPPLY. M ilk Supply Act. 2 GEO. VI. No. 27, and cream for consumption or use or intended for c0nsumption or use within each and every other district constituted by the Governor in Council from time to time by Order in Council published in the Gazette: Provided that this Act shall not extend or apply or have operation or effect with respect to- (i.) Milk or cream which is sold by retail directly to the consumer or user thereof by the person who produces such milk or cream; or (n.) Milk or cream produced within a district and sold wholesale and delivered at the place of production directly to a retail vendor by the producer thereof and which is sold by retail in such district directly to the consumers or users thereof by such retail vendor; or (iii.) Milk or cream used for the manufacture of butter, cheese, condensed milk, dried milk, or icecream: Provided further, that nothing contained in the first proviso to this section shall exempt from this Act any milk or cream which any producer or other person carries or intends to carry through or along any road or street, or from place to place, or house to house in any district offering for sale to the public or any member of the public, and this Act shall extend and apply and have force and effect with respect to all such milk or cream. Provisions as to ctistricts. 3. (1.) The Governor in Council may from time to time, by Order in Council published in the Gazette, constitute any area to be a district under and for the purposes of this Act, and may in like manner abolish or vary the boundaries of any district or districts so constituted by him. (2.) The district comprising the Area of the City of Brisbane as set forth in the Schedule to this Act is hereinafter referred to as " The Brisbane Milk District." When any other district is constituted under this Act by the Governor in Council by Order in Council published in the Gazette such other district may be referred to as " The [name of district] Milk District." Interpre- tation of Act. 4. This Act shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment thereof would but for this

MILK SUPPLY. 17203 1938. M ilk Supply Act. section have been construed as being in excess of that power it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power. 5. From and after the date of the coming into I~ denture force of this Act within the. Brisbane Milk District the :; t!; ~ ~~ e~i Indenture made the twentIeth day of January, one c~ ld milk to thousand nine hundred and thirty-eight, between the ~ ~ ! sb~ ~ e persons therein referred to as the producers and whose terminated. names are set forth in the Schedule 1. thereto of the first part, the persons therein referred to as the vendors and whose names are set forth in the Schedule n. thereto of the second part, and the Honourable the Secretary for Agriculture and Stock of the State of Queensland for and on behalf of the Government of Queensland of the third part shall cease to have any force or effect whatsoever but without prejudice to the validity of anything done under the said Indenture after the date of the making thereof and before the date of commencement of this Act or to the power of any party thereto to enforce any right or remedy which may have accrued to him thereunder during such lastmentioned period. The Board constituted under the said Indenture and therein referred to as "The Milk Board" shall be abolished as and from the commencement of this Act, and the members thereof shall go out of office: Provided that the Board constituted for the Brisbane Milk District shall out of its funds pay to each member of such abolished Board the like allowance and/or fees as would have been payable in his case if the Brisbane Milk Board had been duly constituted and he had been a member thereof during the period for which he was a member of the abolished Board. 6. In this Act, unless the context otherwise Meaning indicates or requires, the following terms have the of terms. meanings respectively assigned to them, that is to say:- " Board "-The term when used with reference Board. to the Brisbane Milk District means the Brisbane Milk Board appointed under this Act and when used with reference to any other district means the Milk Board appointed under this Act for that district; " Chairman"-The chairman of the Board; Chairman.

17204 MILK SUPPLY. Milk SupplyAct. 2 GEO. VI. No. 27, District. Minister. Person. Prescribed. Producer. Regulations. This Act. Wholesale vendor. "District"-The Brisbane Milk District or any other area constituted as a Milk District under and for the purposes of this Act; "Minister"-The Secretary for Agriculture and Stock or other Minister of the Crown for the time being charged with the administration of this Act; " Person"-The term includes a company within the meaning of *" The Companies Act of 1931 " or any body or association of persons, corporate or unincorporate; " Prescribed"-Prescribed by this Act; "Producer"-Every dairy farmer who supplies milk and/or cream; " Regulations "-Regulations made under this Act; "This Act"-This Act and all Proclamations, Orders in Council, regulations, notifications, and determinations made or given hereunder; " Wholesale vendor"-A person who sells whole- sale milk and/or cream supplied to him by producers: the term includes a person who sells partly wholesale and partly retail milk and/or cream supplied to him by producers. Constitution 7. (1.) There is hereby constituted for the Brisbane of Board. Milk District a Board to be called " The Brisbane Milk Board" (hereinafter with respect to such district referred to as "the Board "). Each member of the Board shall, subject as hereinafter provided, be appointed by the Governor in Council by Order in Council published in the Gazette: Provided that the first Board shall be constituted by the seven persons named by the Minister as the members of the Milk Board constituted under the Indenture referred to in section five of this Act and to the intent· that, and without any further or other appointment under this Act- (a) The person who was the chairman of the Milk Board constituted under the said Indenture shall be the chairman of the Board and the representative on the Board of the Government; and * 22 Geo. V. No. 53, 8upra, page 13433.

MILK SUPPLY. 17205 1938. Milk Supply Act. (b) The three persons nominated as members of the Milk Board constituted under the said Indenture by the producers shall be the producers' representatives on the Board; and (c) The three persons nominated as members of the Milk Board constituted under the said Indenture by the vendors shall be the wholesale vendors' representatives on the Board. (2.) Subject to this Act every member of the first Board shall hold office for a period not exceeding one year from the date of the coming into force of this Act in the Brisbane Milk District. 8. (1.) The persons to be appointed as members of Members of the second and every subsequent Board for the Brisbane : ~ ~ ~ ~ ~ u: ~ ~ l\filk District shall be chosen as follows, that is to say :- Boards. (a) The Governor in Council shall nominate one such person who shall be the representative on the Board of the Government and the chairman of the Board; (b) The producers shall elect in the prescribed manner a number of persons to be fixed by the Governor in Council by Order in Council, who shall be the representatives on the Board of the producers; (c) The wholesale vendors shall elect in the prescribed manner a number of persons to be fixed by the Governor in Council by Order in Council, who shall be the representatives on the Board of the wholesale vendors. (2.) The Governor in Council may, by the same Order in Council or different Orders in Council, fix the number of representatives of producers and of wholesale vendors upon the second or any subsequent Board, but an equal number of representatives shall be so fixed for each such class: Provided that the Governor in Council may in like manner vary the representation of producers or of wholesale vendors upon the third or any later Board, but so that each such class shall have equal representa- tion and neither such class shall have a greater number of representatives than three upon any Board.

17206 MILK SUPPLY. Milk SupplyAct. 2 GEO. VI. No. 27, (3.) The members of the second or any subsequent Board shall, subject to this Act, hold office for a period of three years from the date of their appointment thereto. (4.) If at the time appointed for holding a producers' or wholesale vendors' election of persons to be appointed their representatives on any Board- (i.) No ,election is held; or (ii.) No representatives are elected; or (iii.) The number of representatives elected is less than the number fixed, the Governor in Council may nevertheless appoint a sufficient number of persons to be members of the Board and such persons shall be the representatives of the producers or, as the case may be, of the wholesale vendors, notwithstanding that one or more of them has or have not been elected as prescribed: Provided that if the number of candidates nominated for any election as representatives of the producers or of the wholesale vendors is equal to or less than the number of representatives fixed for such class it shall not be necessary to hold such election, but in that case the Governor in Council shall include the persons so nominated in the appointments made by him. Board to be 9. The Board constituted for the Brisbane Milk cboordpyorate. District shall be a body corporate under the name and style of "The Brisbane Milk Board," and by that name shall have perpetual succession and an official seal, and shall be capable in law of suing and being sued in its corporate name, and of acquiring, holding, and disposing of property, and of doing and suffering all such other acts, matters, and things as bodies corporate may by law do and suffer. All courts, judges, justices, and persons acting judicially shall take judicial notice of the seal of the Board affixed to any document or notice, and shall presume that it was duly affixed. Regula~ ions 10. The following matters shall be prescribed, = ti~ ~ ~ g&o. namely : - . (a) The times for holding and the conduct of business at meetings of the Board: Provided that until so prescribed the Board shall hold its meetings at such times and conduct its business in such manner as it shall think fit;

1938. MILK SUPPLY. Milk Supply Act. 17207 (b) Quorum at meetings of the Board and deputies for absent members other than the chairman and the filling of casual vacancies: Provided that a deputy shall have the same powers, privileges, and immunities as the member he represents, and a member appointed to fill a casual vacancy shall act as a member for . the balance of the term of the member whose place he takes; (c) The authority charged with the conduct of the election of producers' and wholesale vendors' representatives for appointment to the Board, and the time of holding and notice of such election (which time may differ with respect to the different classes of representatives) ; (d) The qualifications of persons respectively' entitled to vote at the election of producers' or of wholesale vendors' representatives, the compilation of rolls of the persons respectively so qualified and the making of such rolls conclusive evidence of the right to vote at the. periodical election of the representatives in respect of whom they were compiled; (e) Offences in relation to the elections as aforesaid. 11. (1.) Subject to this Act every member, including Further erev-eer 1 yectml · Oenmabner d oref - tahpepof . mirsttmBenota. rd, shall be eligible for p & arso c. vtoisBioonas rd, (2.) The Minister shall appoint a person who is not a member of the Board to be the deputy for the chairman, and the person so appointed shall in the absence of the chairman act as chairman of the Board and shall while so acting have the same powers, privileges, and immunities as the chairman. (3.) The person presiding at every meeting of the Board (and whether the chairman or his deputy) shall have a casting as well as a deliberative vote. (4.) The Board shall not be deemed to represent the Crown for any purpose whatsoever. (5.) This Act shall not bind the Crown.

17208 MILK SUPPLY. Milk Supply Act. 2 GEO. VI. No. 27, (6.) The chairman and each member of the Board shall be entitled to such allowances and/or fees as may be fixed by the Board with the approval of the Minister: Provided that the allowance of the chairman shall be at the rate of not less than two hundred pounds per annum. Disabilities 12. A member of the Board shall be deemed to of members. vacate his office if he- (a) Is an uncertificated or undischarged bankrupt; or (b) Is' undergoing a sentence of imprisonment, whether or not the execution of such sentence has been suspended; or (c) Is an insane person within the meaning of the laws in force for the time being relating to insanity. Constitution 13. The provisions of sections seven to twelve, o&fcB. , ofaorrds, both inclusive, of this Act shall, subject to the other modifications hereinafter prescribed, apply and extend, districts. mutatis mutandis, with respect to the constitution of a Milk Board for any other district : Provided that-- (i.) The Milk Board for such other district shall be called " The [name of district] Milk Board" ; (ii.) The number of members and the representation upon the first Board shall be as fixed by the Governor in Council by Order in Council ; (iii.) The period for which the members of the first Board shall hold office shall be as fixed by the Governor in Council by Order in Council. Duties and 14. (1.) Subject to the provisions of this Act the fthunecBtioonasrdo.f Board constituted for a district shall be charged with the regulation and control of the collection, treatment, supply, sale, and distribution of milk and cream for consumption or use or intended for consumption or use within its district. (2.) The Board may- (a) Devise satisfactory methods of collecting, treating, carrying, and distributing milk and cream for consumption or use or intended for consumption or use within its district;

MILK SUPPLY. 1938. Milk SupplyAct. (b) Devise means to eliminate unhygienic, wasteful, or unnecessary agencies, methods, practices, costs, or charges in connection with the collection, treatment, carriage, distribution, or sale of milk and cream for consumption or use or intended for consumption or use within its district; (c) Devise means for promoting and encouraging the consumption and use of milk and cream; (d) Purchase and sell uneconomic milk runs for the purposes of their amalgamation; (e) Make provision for a laboratory for the chemical, bacteriological, or pathologipal analysis or examination of milk and cream or of samples taken from any place where milk or cream is produced, kept, stored, or had in possession, or from any vehicle used for the carriage of milk or cream; (/) Make provision for the inspection and/or testing of dairy herds, dairy produce premises, and/or milk and cream and the destruction or treatment (including quarantining) of dairy cattle affected with any prescribed disease, and the disinfection or cleansing of dairy produce premises or vehicles or vessels used for the carriage of milk or cream and/or of any utensils in or upon any such premises, vehicle, or vessel; (g) Fix grades and/or types for milk or cream which may be supplied for consumption or use within the district : Provided that the chairman may thereupon determine different prices for the respective grades and/or types of milk or cream; (h) Require every person licensed to sell milk within its district to have his license or any renewal thereof endorsed with the approval of the Board, which endorsement may be so made with respect to the whole or a particular part only of the district, and which endorse- ment the Board may at its absolute discretion refuse to make or cancel; 17209

17210 MILK SUPPLY. M ilk Supply Act. 2 GEO. VI. No. 27> (i) Require every retail vendor of milk within its district to keep locked at all times every tap .can used by him for conveying milk for sale by way of retail ; (j) Appoint a secretary and such other officers (including veterinary surgeons and other qualified officers) as the Board shall deem necessary for the proper discharge of its powers, duties, and functions. Notification 15. (1.) The Board may notify any road or roads ocrfemamilk and or any portion of a road or roads as a milk and cream routes. route. Every such notice shall be published in the Gazette. Carriers' licenses for cream routes. (2.) Upon the notification of a milk and cream route the Board may license one or more carriers to pick up milk and/or cream at places on or adjacent to such milk and cream route and to convey such milk and/or cream for delivery to the wholesale vendor or other person to whom it is consigned or to a loading point stated in the license upon a State railway or a tramway approved by the Board: Provided that a license may specify that the licensee shall so pick up and convey only milk and/or cream consigned to such wholesale vendor or wholesale vendors or other person or persons as may be named therein. Every such license shall be issued subject to such terms and conditions as may be prescribed by the Board. Offences by persons not holding licenses. (3.) Every person who- (i.) Picks up milk or cream at any place on or adjacent to a notified milk and cream route; or (ii.) Conveys for delivery to a wholesale vendor or other person or to a loading point upon a State railway or a tramway approved by the Board milk or cream picked up at any place on or adjacent to a notified milk and cream route, shall, unless he holds a subsisting license to so pick up and convey for delivery such milk or cream, be guilty of an offence and 1iable to a penalty of not more than fifty pounds.

MILK SUPPLY. 17211 1938. Milk Supply Act. It shall not be a defence for a person charged with an offence against this subsection to prove that at the material time he held a subsisting license under this section with respect to some other wholesale vendor or person or milk and cream route. (4.) Every holder of a license under this section ~ ~ :~ : so~ Y who- licenses. (i.) Picks up or conveys milk or cream other than milk or cream consigned to the wholesale vendor or other person in respect of whom his license has been issued; or (ii.) Conveys milk or cream picked up by him on or adjacent to a milk and cream route for delivery to a wholesale vendor or other person or to a loading point upon a State railway or a tramway approved by the Board other than the wholesale vendor or other person or loading point specified in his license; or (iii.) In any other manner whatsoever picks up or conveys milk or cream contrary to any term or condition prescribed by his license, shall be guilty of an offence and liable to a penalty of not more than fifty pounds. (5.) Any wholesale vendor or other person who Ollenees by accepts delvi ery 0 f any ml' lk or cream whl'Ch was pl.Ckedofwacntoerriesso. f Up or conveyed for delivery to him hy any person (whether or not the holder of a license under this section) contrary to any provision of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds. (6.) All licenses issued under this section shall be for such period as may be prescribed or, if not prescribed, as may be approved by the Board. The Board may, upon being satisfied that the holder of a license has committed an offence against this section, cancel his license, and it shall be immaterial that such holder has :qot been convicted of such offence. (7.) This section shall not apply to the Commissioner for Railways nor to the owner ofa tramway approved by the Board nor to milk or cream which is delivered under prescribed hygienic conditions by the person who produced such milk or cream.

17212 MILK SUPPLY. Milk Supply Act. 2 GEO. VI. No. 27, C~ lDdi~ ion of 16. (1.) No producer shall divert his supply or : ; ~ ; o~ y of portion of his supply of milk or cream from one wholesale producer. vendor to another unless he shall have first given to the wholesale. vendor from whom his supply or portion of his supply of milk or cream is being diverted fourteen days' notice on the form prescribed of his intention to so divert his supply of milk or cream, or portion thereof, as the case may be. (2.) No producer supplying milk to a wholesale vendor shall divert the cream obtainable from his milk supply or any portion thereof to another wholesale vendor unless he shall have first given to such first- mentioned wholesale vendor fourteen days' notice on the prescribed form of his intention to so divert the cream obtainable from his milk supply or any portion thereof, as the case may be. (3.) No producer shall be guilty of an offence against this section if he satisfies the court that the diversion of his supply or portion of his supply was owing to stress of weather or other circumstances beyond his control. (4.) No wholesale vendor shall accept delivery of any milk or cream, or of any cream obtained from any milk, the supply of which has been diverted from another wholesale vendor contrary to this section. Procedure 17. (1.) When the Board is of opinion that any rpeusrpcehcatsineg milk run or portion of a milk run is uneconomic it shall and sale of have power and authority to purchase such milk run m un i e lk co r n u o n m s. ic or portion thereof at a price to be agreed upon between it and the owner thereof, or, failing such agreement to be determined by a tribunal consisting of the Director of Dairying and the accountant of the Department of Agriculture and Stock. (2.) Failing agreement as to such price as aforesaid the Board shall refer the matter to the Director of Dairying, who shall as soon as possible convene the aforesaid tribunal and notify the Board and the owner of the milk run or portion of a milk run concerned of the date, time, and place of such convention. (3.) The Board and such owner shall be entitled to appear before the· tribunal and to be heard either in person or by its or his counsel, solicitor, or agent. (4.) The Board or any owner may appeal to a court of petty sessions constituted by a police magistrate sitting alone from any determination of the tribunal.

1938. MILK SUPPLY. Milk Supply Act. Such appeal shall be instituted within fourteen days after the determination by the tribunal. Upon such appeal the police magistrate constituting the court may rehear the matter or he may decide the appeal upon the evidence which was before the tribunal, or he may admit such evidence and also allow the parties to call further evidence. The decision of .the police magistrate upon such appeal shall be final and conclusive and without further appeal to any other tribunal whatsoever. (5.) The Board shall have power to sen any milk run or portion of a milk run so purchased by it at a price to be agreed upon between it and the purchaser. (6.) If any person other than the purchaser to whom the Board has sold a milk run or portion of a milk run undEfr and pursuant to the power and authority conferred upon it by this section supplies or attempts to supply milk or cream to consumers or users supplied by such run or portion of a run at the date when the Board purchased same then the Board may cancel its approval endorsed upon his license or any renewal of his license to sell milk, and may refuse to again make such endorse- ment unless and until he satisfies it that he has ceased to so supply. (7.) For the purpose of determining the purchase price payable by the Board for any milk run or portion of a milk run the tribunal hereinbefore mentioned shall have and may exercise all the powers, authorities, protection, and jurisdiction of a commission under and within the meaning of *" The Official Inquiries Evidence Acts, 1910 to 1929." (8.) No person shall sell any milk run or any portion of a milk run purchased by him from the Board except with the consent of, and upon such terms and conditions as may be approved by, the Board. If a milk run or a portion of a milk run is sold in contravention of this subsection the Board may cancel its approval endorsed upon the license or the renewal of the license to sell milk of both the vendor and the purchaser thereof. * 1 Geo. V. No. 26 and amending Act, 8upra, pages 748 et 8eq. 17213

17214 MILK SUPPLY. .iWilk Supply Act. 2 GEO. VI. No. 27, When 18. No person licensed under *" The Health Act licen~ e~ of 1937 " to sell milk, shall supply milk or cream to any fprroomhIbsIutpepdly- c. onsumer or user W.Ith I ' II any part 0 f the. dist rI.et at any ing milk .or time when the Board has not approved of his so supplying f~ e~:t: ~ ~ ~ - by an endorsement made upon his license or the renewal thereof. Chairman to 19. (1.) The chairman shall from time to time dmperiitlcekermafnoinrde pdreotedrumceinrse fothr empilrkicseuptpoliebde bcyhathrge. emd abnyd aalnsod thpeaipdrictoe cream. to be chargedby and paid to producers for cream supplied by them. (2.) A notice of every such determination shall be published in the Gazette, and any determination so made shall take effect on and from a date to be specified in such notice of same published in the Gazette and shall remain in force until the date when the chairman shall modify same by a further determination. (3.) Every wholesale vendor or other person shall pay the producer, and the producer shall charge every wholesale vendor or other person, for all milk or cream supplied to him by such producer the price so determined by the chairman to be charged by and paid to the producer for such milk or, as the case may be, cream without any deduction whatsoever other than a prescribed deduction. All milk or cream so supplied during any calendar month shall be so paid for within fifteen days after the completion of such month. (4.) No producer shall supply or offer to supply milk or cream to a wholesale vendor or any other person at a price other than the price determined by the chairman to be payable therefor, or allow or offer to allow any wholesale vendor or other person to make any deduction other than a prescribed deduction from the price determined by the chairman to be payable for milk or cream supplied or to be supplied. (5.) Any covenant, agreement, or condition whereby any producer agrees to accept from a wholesale vendor or other person payment for milk or 'cream supplied or to be supplied at a price less than the price determined by the chairman to be payable for such milk or, as the * 1 Geo. VI. No. 31, supra, page 16597.

1938. MILK SUPPLY. Milk SupplyAct. 17215 case may be, cream or whereby the producer agrees to allow the wholesale vendor or other person to make any deduction whatsoever other than a prescribed deduction from the price determined by the chairman to be payable for milk or, as the case may be, cream supplied or to be supplied, or whereby any producer agrees to waive or surrender any right or remedy which he may have against a wholesale vendor or other person under and in pursuance of this Act shall be absolutely void and of none effect whatsoever. 20. (1.) Every wholesale vendor shall, within one Wholesale month after the commencement of this Act, transmit to rn~ o~ to the Board a fidelity bond in the prescribed sum from b~ J~ the State Insurance Commissioner or some insurer within the meaning of *" The Ins1lrance Acts, 1916 to 1934." (2.) The obligee of every such bond shall be His Majesty the King. (3.) The condition of every such bond shall be that if the wholesale vendor while carrying on business as such shall not fail in the opinion of the Minister to duly pay all moneys payable by him to producers for milk and/or cream supplied, then the obligation of the obligors shall be void and of none effect; otherwise it shall remain in full force and effect. (4.) Every wholesale vendor shall at all times during which he carries on business as such keep in force the fidelity bond prescribed by this section. (5.) A wholesale vendor may, in lieu of transmitting such fidelity bond, deposit with the Minister the prescribed sum to be held by the Minister as a security that such wholesale vendor will not while carrying on business as such fail in the opinion of the Minister to duly pay all moneys payable by him to producers for milk and/or cream supplied. If such deposit is made the Minister shall pay to the applicant during such time as he retains such money as security interest at the rate payable for the time being to depositors in the Commonwealth Savings Bank. * 7 Geo. V. No. 27 and amending Acts, supra, pages 7497 et seq. L

17216 MILK SUPPLY. M ilk Supply Act. 2 GEO. VI. No. 27, (6.) A fidelity bond or deposit of moneys as herein- before provided for shall be of such amount as may be prescribed from time to time, and different amounts may be prescribed with respect to different wholesale vendors according to the volume of their respective businesses. (7.) When money is paid to His Majesty under any fidelity bond or the prescribed deposit is retained by His Majesty by reason of the fact that a wholesale vendor has in the opinion of the Minister duly failed to pay all moneys payable by him to producers for milk and/or cream supplied, the Board shall cause such moneys to be applied in payment of such producers in such manner as may be prescribed or, if not prescribed, approved by the Minister. (8.) If the Minister is satisfied that the due payment of all moneys payable by a wholesale vendor to producers for milk and cream supplied is guaranteed by a bank, he may exempt such wholesale vendor from obtaining a fidelity bond or making a deposit of moneys under this section. An exemption granted by the Minister under this subsection may be cancelled by him at his absolute discretion. rob, Power to 21. (1.) Any person approved by the Minister and ~ udit authorised by the Board may, and either generally or p: ~ d~ cers in a particular case, examine and/or audit the books, a~ d 1 1 accounts, and documents of any producer, wholesale ; e: d~ ~ : . e vendor, licensed carrier, or person suspected of obtaining milk from a producer, and for the purposes of such examination and/or audit such authorised person may examine any books, accounts, and documents relating to such accounts, and may make and take away with him any extract from any book or copy of any such account or document. (2.) If any person obstructs the said person so authorised in the exercise of his powers under this section, or without lawful excuse refuses to produce any book, account, document, writing, paper, or instrument in his possession or under his control, or to permit the making or taking away of any extract from any book or copy of any account or document, or to answer any question asked by the authorised person for the purpose of the exercise of his powers, such person shall be liable to a penalty of not more than twenty pounds, and if such offence is continued after a conviction therefor such

MILK SUPPLY. 17217 1938. Milk Supply Act. person shall be guilty of a further offence and liable to a penalty of ten pounds for each and every day during which such further offence is continued. (3.) It shall be the duty of every manager or other principal officer of any bank with which a producer, wholesale vendor, licensed carrier, or other person as aforesaid has deposited any moneys, whether in his own account or in any general or separate trust account, to disclose every such account to· the person authorised as aforesaid, and to permit such person to make and take away with him an extract from any book or copy of any such account, or a copy of any document or writing relating to any such account. Any manager or principal officer of a bank who knowingly acts contrary to this subsection shall be Hable to a penalty of not more than thirty pounds. (4.) This section shall apply and extend to any person having the custody or possession of any book, account, register, document, or writing of a producer, wholesale vendor, licensed carrier, or other person as aforesaid. (5.) Every entry in any book kept or belonging to a producer, wholesale vendor, licensed carrier, or other person as aforesaid or found on his premises shall be deemed, unless and until the contrary is proved, to have been made by or with the authority of such producer, wholesale vendor, licensed carrier, or other person as aforesaid. 22. The Board may, with the approval of the~ owcl of Minister, determine that on and after a date to be fixed te:Ste;O by it with the like approval no person shall act as or carry producers on the business of a producer or, as the case may be, a~~lesale wholesale vendor unless such person is registered as vendors. such under this Act. The Board may make such determination with respect to both producers and wholesale vendors at one and the same time, or may make separate determinations with respect to such classes of persons. 23. (1.) For the purpose of giving effect to any Regula~ ions determination made by the Board under section twenty- : ~1: t~~ ~~n two hereof the following matters may be prescribed,ofproducers that is to say:- ~ ~ lesale (a) The appointment of a registrar of producers \7endo~ and/or of wholesale vendors;

17218 MILK SUPPLY. Milk SupplyAct. 2 GEO. VI. No. 27, (b) The registers to be kept with respect to the registration of producers and/or wholesale vendors; (c) The form of any prescribed register and the manner of making and keeping same; (d) Qualifications for registration as a producer or, as the case may be, a wholesale vendor; (e) Fees payable for registration or renewal of registration as a producer or, as the case may be, a wholesale vendor, which fees may differ with respect to the different classes; <f) The period for which any such registration shall be operative, and the manner of renewing same; (g) The form and manner of application for any prescribed registration or the renewal thereof; (h) Such other matters as may be necessary or convenient to give effect to any determination made by the Board under section twenty-two of this Act. (2.) A certificate by the registrar that any person is registered as a producer or, as the case may be, a wholesale vendor, shall be prima facie evidence that the person named in such certificate is so registered, and a certificate by the registrar that the person named therein is not registered as a producer, or, as the case may be, a wholesale vendor shall be prima facie evidence that such person is not so registered. Any certificate purporting to be a certificate by the registrar as aforesaid shall be admissible in evidence in all proceedings whatsoever, and every court, judge, justice, and person acting judicially shall take judicial notice of the signature of the registrar thereto. Offences 24. (1.) The Board shall publish in the Gazette a ;Vith respect notification of any determination made by it under section r~ gistration. twenty-two of this Act, and such notification shall specify a date on or before which producers if the determination is made with respect to them, and/or wholesale vendors if the determination is made with respect to them, shall register as such under this Act.

1938. MILK SUPPLY. M ilk Supply Act. 17219 (2.) Any person who, not being registered under this Act as a producer, acts as or carries on the business of a producer at any time when producers are required by a determination of the Board to be registered under this Act shall be guilty of an offence and liable to a penalty of not more than twenty pounds and, if such offence is continued after a conviction therefor, to a penalty of not more than five pounds for each and every day during which such offence is so continued. (3.) Any person who, not being registered under this Act as a wholesale vendor, acts as or carries on the business of a wholesale vendor at any time when wholesale vendors are required by a determination of the Board to be registered under this Act shall be guilty of an offence and liable to a penalty of not more than one hundred pounds and, if such offence is continued after a conviction therefor, to a penalty of not more than twenty pounds for each and every day during which such offence is so continued. 25. (1.) The chairman may from time to time Quota. determine the maximum quantity of milk or cream which each and every producer may supply for consumption or use within the district, and a different maximum quantity may be so determined with respect to different producers. Such quantity may be so fixed upon a daily, weekly, or such other basis of supply as the chairman directs. In determining such maximum quantity of milk with respect to any producer regard shall be had to the actual quantity of milk supplied by him for consumption or use within the district during the months of June, July ~ and August next preceding the date when such maximum quantity is so determined. A determination made by the chairman under this subsection shall continue in force until modified by a like determination: Provided that the Board may direct the chairman to modify any such determination, and thereupon the chairman shall modify such determination in the manner so directed.

17220 MILK SUPPLY. M ilk Supply Act. 2 GEO. VI. No. 27, (2.) For the purposes of this section the chairman shall have power to require every wholesale vendor to furnish to him at any time and from time to time a return of all producers who are supplying such wholesale vendor with milk or cream and to specify in such return the quantity of milk or cream supplied by each producer. (3.) The chairman may at any time and from time to time serve upon each wholesale vendor personally or by post a list of producers showing the maximum quantity of milk or cream fixed by the chairman which each producer included in such list may supply for consumption or use within the district. (4.) A wholesale vendor served with such a list shall not accept from a producer included in such list a greater quantity of milk or cream than the maximum quantity which according to the determination of the chairman may be supplied by such producer, and neither shall he accept milk or cream supplied by a producer who is not included in such list unless with the consent of the chairman first had and obtained. (5.) Any producer who supplies for consumption or use within the district a greater quantity of milk or cream than the maximum quantity fixed by the chairman in his case shall be guilty of an offence and liable to a penalty of not more than twenty pounds. (6.) Any person other than a wholesale vendor who accepts from a producer a supply of milk or cream greater in quantity than the maximum quantity authorised by the chairman to be supplied by such producer for con- sumption or use within the district shall be guilty of an offence and liable to a penalty of not more than fifty pounds. (7.) Any wholesale vendor who- (a) Accepts from a producer a supply of milk or cream greater in quantity than the maximum quantity authorised by the chair- man to be supplied by such producer for consumption or use within the district; or (b) Having been served with a list of producers nnder subsection three hereof, accepts milk or cream supplied by a producer whose name is not included in such list without first obtaining the consent of the chairman, shall be guilty of an offence and liable to a penalty of not more than one hundred pounds.

1938. MILK SUPPLY. M ilk Supply Act. 17221 (8.) If any producer is twice convicted within a period of two years of supplying milk adulterated with water the chairman may, with the approval of the Minister, cancel any determination made by him under this section and for the time being in force with respect to the maximum quantity of milk or cream which may be supplied by such producer for consumption or use within the district. 26. (1.) The Board may make and levy an Power of assessment of not more than one-quarter of one penny BO!:d tOd I:'s on every gallon of milk supplied by· a producer for e an consumption or use within the district. Every wholesale assessments. vendor shall pay to the Board the amount of such assessment upon the actual number of gallons of milk received by him during each and every calendar month, and the amount thereof payable for any month shall be . remitted by the wholesale vendor to the Board within fifteen days after the last day of such month. (2.) Every wholesale vendor may deduct from the moneys payable by him to a producer for milk delivered to him by such producer during such month one-half of the amount of the assessment payable to the Board with respect to such milk. (3.) Every producer who supplies milk for consumption or use within the district to any person other than a wholesale vendor shall pay to the Board the amount of such assessment upon the actual number of gallons of milk so supplied by him during each and every calendar month, and the amount thereof payable for any month shall be remitted by the producer to the Board within fifteen days after the last day of such month. Every producer may add to the price payable to him for milk supplied to a person other than a wholesale vendor one-half of the amount of the assessment payable with respect to such milk. (4.) The amount of the assessment unpaid by a wholesale vendor or producer shall constitute a debt due and owing by him to the Board, and the Board may recover same from him by action in any court of competent jurisdiction.

17222 MILK SUPPLY. M ilk Supply Act. 2 GEO. VI. No. 27, (5.) When the 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. (6.) The assessment shall be due and payable as and from the date of the publication of the notice thereof in the Gazette unless such notice prescribes some other date, in which event the same shall become due and payable on and from the notified date: Provided that the Board may by a like notice vary or alter the amount of the assessment at any time and from time to time. Funds and 27. (1.) The Board shall establish such funds and accounts. accounts as are approved by the Minister. Loans. (2.) The Board may in manner approved by the Governor in Council make arrangements for an advance of such moneys or loans by any approved financial institution as may be deemed necessary upon such terms and conditions of repayment and interest as may be agreed upon; and for the purposes of this Act the Board shall be deemed to be a "local body" for all purposes under and pursuant to the provisions of *" The Local Bodies' Loans Guarantee Acts, 1923 to 1936," and the provisions of such lastmentioned Acts shall extend and apply accordingly. (3.) There shall be paid to the credit of the funds of the Board all moneys collected, received, or recovered by the Board in pursuance of this Act. (4.) The funds of the Board may be operated upon by the Board for the purposes of this Act. Application 28. All costs and expenses incurred in the of funds. administration of this Act, including the allowances and/or fees of members of the Board, the salaries, wages, and remuneration of officers and casual employees of the Board, and all expenses arising out of the conduct of any election under this Act, shall be paid out of the funds of the Board. * 14 Geo. V. No. 8 and amending Act, supra, pages 10693 et seq.

MILK SUPPLY. 17223 1938. Milk SupplyAct. 29. (1.) The Board shall within thirty days aft~ rReport. the first day of August in every year prepare a report to the Minister of its operations during the year preceding such date, and such statements of account as correctly reveal the transactions, accounts, and position of the Board's finances. . (2.) The statements of accounts so prepared shall be audited and reported upon by the Auditor-General, who shall have, in respect to the accounts of the Board, all the powers conferred on the Auditor-General by any law for the time being in force relating to the audit of the public accounts as well as all powers conferred by, this Act. (3.) The Auditor-General shall report to the Board and the Minister- (a) Whether or not in his opinion-. (i.) Due diligence and care have been shown in the collection and banking of income, and (ii.) The expenditure incurred had been duly authorised, vouched, and supervised, and (iii.) Any of the moneys or other property of the Board have been misappropriated or improperly or irregularly dealt with; and (b) As to any other matters which in his judgment call for special notice or which are prescribed by the regulations. . (4.) The Board shall in each year pay to the Crown such sum as is fixed by the Auditor-General in respect of the services of the officers of the Auditor-General engaged, in the audit of the accounts . of the Board. . . . . , (5.) T4e report of the Board and the report of the, Auditor-General as aforesaid shall be laid on the table of the Legislative Assembly forthwith if the House IS in, session; or if not in session~ within fourteen days after, the commencement of the next session. ,. .. 30 (1.) This section of this Act shall not extend Provisions as or app~y to or .have. an~ force or effect with respectto' ! ~ f~ ~ ~ ~ yO~ O the BrIsbane Milk D I s t r I c t . s u p p l y (2.) SubJ· ect as here' ma f ter provI' ded t h e ' Governor pmaislkteuarnidsed in Council may from time to time, by Order in Council cream within authorise any person to establish and carry on a~ ~ Cribed pasteurisation plant and to supply pasteurised milk and area. cream within any area prescribed in such Order in Co-qncll for such period as is set out in such Order in Council; .

:17224 MILK SUPPLY. M ilk Supply Act. 2 GEO. VI. No. 27, (3.) An application for an Order in Council under this section shall be made to the chairman of the Brisbane Milk Board and shall be accompanied with sketch plans drawn to scale showing the pasteurisation plant proposed to be es~ ablished, an estimate of the capital cost of such plant, a description of the boundaries of the area with respect to which the application is made, an estimate of the potential demand for supplies of pasteurised milk and cream within such area, and a statement of the period for which the Order in Council is applied for. (4.) The chairman shall as soon as possible convene a tribunal consisting of himself as chairman, the Director of Dairying, and a medical officer of the Department of Health and Home Affairs to be nominated by the Secre- tary for Health and Home Affairs, for the purpose of making a preliminary investigation as to whether or not the establishment and carrying on of a pasteurisation plant for the supply of pasteurised milk and cream in the area mentioned in the application is economically justifiable. If upon such investigation the tribunal is of opinion that the establishment and carrying on of a pasteurisation plant for the supply of pasteurised milk and cream in the area mentioned in the application is economically justifiable, then the tribunal shall fix tentative terms and conditions upon and subject to which it would be prepared to recommend the grant of an Order in Council under this section. (5.) If upon a preliminary investigation as prescribed by subsection four of this section the tribunal is of opinion that the establishment and carrying on of a pasteurisation plant for the supply of pasteurised milk or cream within an area is economically justifiable the chairman 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 area with respect to which it is proposed to recommend the grant of an Order in Council under this section a notice calling for applications for such Order in Council. Such notice shall state briefly the terms and conditions tentatively fixed by the tribunal under subsection four of this section, and shall require each applicant to furnish with his application the like information as is required to be furnished with an application mentioned in subsection three of this section.

MILK SUPPLY. 17225 1938. M ilk Supply Act. (6.) The notice referred to in subsection five of this section shall also set forth a date, time, and place when and where the tribunal will sit to investigate all applica- tions made for an Order in Council under this section pursuant to such notice : Provided that the original application shall be deemed to be an application so made and shall be again investigated with any later applications at such sitting. (7.) If more than one application, including the original application, is before it upon the investigation referred to in subsection six of this section,the tribunal may recommend the grant of an Order in Council under this section to such one of the applicants as, upon consideration of all such circumstances as to it shall seem relevant, including the matters set forth in subsection eight of this section, it shall deem the most advantageous. Such recommendation shall set forth the terms and conditions upon and subject to which the Order in Council shall be granted, and every such term or condition shall be included in and form part of the Order in Council when granted. (8.) In investigating applications for an Order in Council under this section with respect to an area the *Commission shall have regard to- [*Sic in (a) The health and well-being of the pUblic ~ : : i~ ; generally in such area; " tribunal."] (b) The price proposed to be paid by an applicant or applicants for milk and cream supplied by producers; (c) The price proposed to be charged by an applicant or applicants for pasteurised milk and cream supplied to consumers or users; (d) Whether or not an applicant or appliCllnts is or are. prepared to accept an Order in Council providing for the determination from time to time of all such prices as are referred to in paragraphs (b) and (c) hereof by the chairman; (e) Whether or not an applicant or applicants is or are prepared to accept an Order in Council providing for a quota system regulating the supply by producers of milk and cream to be pasteurised, and further providing for the fixation of quotas from time to time by the chairman;

17226 MILK SUPPLY~ M ilk Supply Act. 2 GEO. VI. No. 27, (j) Whether or not the financial position of any applicant is such that he will be able, if granted an Order in Council under this section, properly to establish and carry on his proposed pasteurisation plant and to supply the demand for pasteurised milk and cream in the area included in such Order; (g) Whether or not the pasteurisation plant proposed to be established by an applicant is reasonably suitable and adequate to supply the potential demand for pasteurised milk and cream in the area to which the application relates; (h) The amount and nature of the security to be furnished by the successful applicant in order to ensure the due compliance by him with the Order in Council. (9.) Any investigation authorised to be made by the tribunal under and for the purposes of this section shall be made by it in open court and, moreover, the tribunal shall announce every finding or decision made by it upon any such investigation in open court. Every applicant shall be entitled to appear before the tribunal and to be heard either in person or by his counsel, solicitor, or agent. The tribunal may adjourn an application from time to time and from place to place. For the purposes of any investigation authorised to be made by it under this section, the tribunal shall have and may exercise all the powers, authorities, juris- diction, and protection of a commission under and within the meaning of *" The Official Inquiries Evidence Acts, 1910 to 1929." (10.) The Governor in Council may adopt or refuse to adopt a recommendation made by the tribunal for the grant of an Order in Council under this section: Provided that if the Governor in Council adopts such recommendation the Order in Council shall be made subject to all such terms and conditions as have been recommended by the tribunal, and each such term or condition shall be included in and form part of such Order. * 1 Geo. V. No. 26 and amending Act, supra, pages 748 et 8eq.

1938. MILK SUPPLY. M ilk Supply Act. 17227 (11.) If any person contravenes or fails to comply with any term or condition prescribed by an Order in Council granted to him under this section he shall be guilty of an offence and liable to the applicable penalty prescribed by such Order in Council : Provided that the penalty shall not exceed fifty pounds or, where the offence concerned is a continuing one, five pounds for each and every day during which the offence is continued after a conviction therefor. (12.) Any person other than the person authorised by an Order in Council made under this section who establishes or carries on a pasteurisation plant or supplies whether wholesale or retail, pasteurised milk or cream, for consumption or use or which is intended for con- sumption or use within the area prescribed in such Order in Council shall be guilty of an offence and liable to a penalty of not more than one hundred pounds, and if such offence is continued after a conviction therefor liable in addition to a daily penalty of not more than ten pounds for each and every day during which such offence is so continued. 31. (1.) Any person who falsely represents that Offence to any milk or cream supplied by him is of a p . articular fraelpsreelsyent grade or type fixed by the Board shall be guilty of an grade of pofofuennc d es. and liable to a penalty ' of not more than fifty cmrielakmo. r (2.) The person supplying any milk or cream which is not of a particular grade or type fixed by the Board shall be deemed to falsely represent that such milk or cream is of such particular grade, or, as the case may be, type ifT (r) He makes any verbal or written representation I tchaelcumlaitlekd oorr lickreelaymto cloeandcetronetdheisbeloief f stuhcaht particular grade or type; or (b) He has or allows to remain upon, about, or adjacent to the premises or upon or attached to the vehicle from which such milk or cream is supplied any painted or written words, sign, notice, board, or placard whatsoever calculated or likely to lead to the belief that milk or crearp. supplied by him is of such particular grade or type.

17228 MILK SUPPLY. Milk SupplyAct. 2 GEO. VI. No. 27, When milk 32. (1.) If the Director-General of Health and sourpcprleieadm Medical Services, or the Director of Dairying, or the to be Chief Veterinary Officer of the Department of Agriculture pasteurised. and Stock, is of opinion that, in the interest of public health, the milk and/or cream supplied by any producer should be pasteurised before being consumed or used, then he may, with the approval of the Minister, serve upon such producer a notice prohibiting him from supplying milk and/or cream which has not been pasteurised. Such notice shall be in force for such period as is specified therein or if no such period is specified therein then until same is cancelled by the person who issued same. No producer shall supply milk and/or cream in contravention of a notice served upon him under this section. (2.) The Minister may direct the owner of a pasteurisation plant to pasteurise the milk and/or cream of a producer who has been served with a notice under subsection one of this section and may make such direction subject to such terms and conditions as he shall think fit. The owner of a pasteurisation plant shall comply with any direction made in his case by the Minister under this subsection. Recovery of 33. (1.) All penalties imposed by or pursuant to penalties. this Act may be recovered in a summary way by complaint und~ r *" The Justices Acts, 1886 to 1932." General penalty. (2.) Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence and liable if no other penalty is provided to a penalty not exceeding thirty pounds, and in addition liable if such offence is continued after a conviction therefor to a daily penalty of not more than two pounds for each and every day during which such offence is so continued. (3.) All penalties recovered by the Board under this Act shall be paid to the Board and become part of its funds. * 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seg.

MILK SUPPLY. 17229 1938. Milk Supply Act. 34 In any proceedings by or on behalf of the BoardEvidence. under this Act- (1) It shall not be necessary to prove the appoint- ment of the members, chairman, secretary, or any other officer of the Board; (2) Any notification, requisition, direction, .or demand, order, or other document in writing purporting to be signed or made or sent by the Board or the chairman or secretary thereof shall be judicially noticed; (3) The production of a copy of the Gazette purporting to contain any notification, direc- tion, or order made by the Board shall be conclusive evidence of the matters contained therein, and that all steps necessary to be taken prior to the making of such notification, direction, or order have been duly taken; (4) A writing certified by the secretary of the Board to be a true copy of or a true extract from any register, book, certificate, notice, list, declaration, statement, document, or writing of any. nature whatsoever in the custody of the Board or of any officer of the Board shall for all purposes be prima facie evidence of the original of which it purports to be a copy or extract, and shall be receivable in evidence to the same extent as the original. 35. (1.) Any information, complaint, or other Iegalrnformatioll proceeding under this Act may be taken in the name of the Board by the secretary or by any other officer authorised by the Board in that behalf either generally or in any particular case. (2.) In any proceedings the production of a notifica- tion in writing under the hand of the chairman or secretary of the Board to the effect that any person has been so authorised shall be conclusive evidence of authority and evidence that this authority to act remains in force. 36. A writ or other process shall not be sued out Notice of or served upon the Board or any member thereof or action. any officer of the Board or any person acting in his aid for anything done or intended to be done or omitted to be done under the provisions of this Act until the expiration of one month after notice in writing has been served on the Board or such member, officer, or person

17230 MILK SUPPLY. Milk Supply Act. 2 GEO. VI. No. 27, clearly stating the cause of action and the name and place of abode of the intended plaintiff and of his solicitor or agent in the case, and on trial of any such action the plaintiff shall not be permitted to go into evidence of any cause of action that is not stated in the notice served, and unless such notice is served a verdict sh.all be found for defendant. Minister may 37. It is hereby declared that it shall be lawful for creapllofrotsr, &c. t h e M inister at any tI . me an d f rom time to time to call upon any Board by notice in writing under his hand or under the hand of the Under Secretary, "Department of Agriculture and Stock, addressed to the chairman or secretary of the Board, for a report or information in relation to the finances generally of the Board, or in relation to any matter or thing in relation to revenue or expenditure or in respect of any matter or thing concerning the administration or any practice of the Board, and it shall be the duty of such chairman or secretary to furnish to the Minister or to the Under Secretary as aforesaid a full, true, and complete report or information as desired by him. Any omission, neglect, or failure on the part of any such chairman or secretary to comply with the provisions of this section shall be deemed to be an offence under the provisions of this section, and shall on conviction render the offender liable to a penalty not exceeding one hundred pounds. The provisions of this section shall take effect whether. any audit of the books and accounts of the Board has been made or not. Members 38. No matter or. thing done and no contract f a i c d t e inngot bona entered. into by the Board, and no matter or thing done personally by any member or officer of the Board or by any other responsible. persons whomsoever acting under the direction of the Board, shall, if the matter or thing were done or the contract were entered into bona fide for the purpose of executing this Act, subject any such member, officer, or person to any action, liability, claim, or demand whatsoever. Secretl!.ry 39. (1.) The Board may under this Act appoint a and officers. secretary and such other persons as are necessary for carrying out the provisions of this Act. (2.) The Board may employ and dismiss such employees as it deem~ necessary, and shall remunerate their employees for services rendered.

MILK SUPPLY. 17231 1938. Milk Supply Act. ------ ~ ~ ~ - - - ~ ~ ~ - - - - - -- - - - - - ~ - - ~ - - - (3.) Any person who, being a member of the Board or holder of any office or employment under this Act, without lawful authority demands or receives from any person any payment, gratuity, or present in consideration of doing or of omitting to do any act or thing pertaining to his office or employment shall be liable on conviction to a penalty not exceeding fifty pounds. (4.) Any person who without lawful authority offers, makes, or gives to any member of the Board or the holder of any office or employment under this Act any payment, gratuity, or present in consideration that such member or holder of office or employment will do or omit to do some act or thing pertaining to his office or employment shall be liable on conviction to a penalty not exceeding fifty pounds. 40. (1.) The Governor in Council may from time Regulations. to time make such regulations providing for all or any purposes, whether general or to meet particular cases, as may be necessary or expedient to carry out the objects and purposes of this Act. Without limiting the generality of the foregoing provision, such regulations may provide for all or any of the following matters :--- (a) Prescribing all matters or things which by this Act are required or permitted to be prescribed. (b) Prescribing and defining the manner of fixing grades and/or types for milk or cream for consumption or use within a district. (c) Requiring milk or cream of any prescribed grade or type to be sold in prescribed containers labelled as prescribed. (d) Prescribing the books and records to be kept by wholesale vendors and/or producers and/or carriers of milk or cream and the manner of keeping all or any prescribed books or records. (e) Prescribing the appointment of qualified veteIlinary surgeons and other qualified officers for the purpose of inspecting and testing dairy herds, dairy produce premises, and milk and cream, and prescribing what inspections and/or tests of dairy herds, dairy produce premises, and/or milk and cream may be made by such officers, and their power to order the treatment and/or quarantining of dairy cattle affected with any prescribed. disease, . or to order the cleansing and disinfection of dairy produce premises.

17232 MILK SUPPLY. Milk Supply Act. 2 GEO. VI. No. 27, May be made on passing of Act. May fix penalty. (f) Prescribing the methods of giving or serving notices, orders, demands, or requirements by the Board or any authorised officer. (g) Prescribing any matters relating to any premises, persons, or matter in any case where the Board or any authorised officer is empowered or required to regulate, appoint, inspect, examine, register, prohibit, devise, provide, purchase, fix, require, or specify. (h) Prescribing the procedure to be adopted in the taking of samples for examination, analyses, or other purposes. (i) Generally for carrying this Act into effect. (2.) Regulations may be made on the passing of this Act. (3.) The regulations may fix a penalty not exceeding in any case twenty pounds for any breach thereof. Proclama. 41. All Proclamations, Orders in Council, regula- ~ ions, Or~ ers tions, and notifications made or purporting to have been :cf°uncil, made under this Act shall be published in the Gazette, and regulations thereupon shall be of the same effect as if they were ! ~ ! ~ r~ A~ : . rt enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. Any such Order in Council, regulation, or notification may be rescinded or amended, whether by addition or otherwise, by a subsequent Order in Council, regulation, or notification under this Act. The production of a copy of the Gazette purporting to contain any such Proclamation, Order in Council, regulation, or notification shall be conclusive evidence of the matters contained therein and of the power and authority to make such Proclamation, Order in Council, regulation, or notification. All Proclamations, Orders in Council, and regula- tions shall be laid before the Legislative Assembly within fourteen days after such publication, if Parliament is in session; or if not, then within fourteen days after the commencement of the next session. If Parliament passes a resolution disallowing any such Proclamation, Order in Council, or regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such

MILK SUPPLY. 17233 1938. Milk SupplyAct. Proclamation, Order in Council, or regulation has been laid before it, such Proclamation, Order in Council, or regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. For the purpose of this section, the term "sitting days" shall mean days on which the House actually sits for the despatch of business. 42. This Act shall be read and construed subject Act to be to the following acts, namely:- read subject to certain (a) *" The Health Act of 1937 " ; other Acts. (b) t" The Health Act Amendment Act of 1886," ; (c) t" The Local Government Act of 1936" ; (d) §" The Dairy Produce Acts, 1920 to 1938," and to the intent that- (i.) No prOVISIOn of any Act hereinbefore mentioned shall be or be deemed to be repealed, modified, or amended by any enactment contained in this Act; (ii.) In so far as this Act contains any enactment relating to the subject-matter of any pro- vision contained in any of the abovementioned Acts, this Act shall be deemed to be in aid of and not in derogation of such other Act; (iii.) Nothing in this Act shall prevent or be deemed to prevent any person from doing and exercising all powers, authorities, functions, and jurisdiction conferred or imposed upon him by any of the above- mentioned Acts; (iv.) No enactment contained in this Act shall prevent or be deemed to prevent the enforcement and recovery of any penalty, fee, fine, or forfeiture which is enforce- able and recoverable under and in pursuance of any of the abovementioned Acts: Provided that where any act or omission constitutes the same offence both * 1 Geo. VI. No. 31, supra, page 16597. t 50 Vie. No. 21, supra, page 885. t 1 Geo. VI. No. 1, supra, page 16035. § 10 Geo. V. No. 15 and amending Acts, supra, pages 9079 et seg.

17234 MILK SUPPLY. Milk Supply Act. 2 GEO. VI. No. 27, 1938. under this Act and under any of the above- mentioned Acts, any person doing or omitting to do such act may be proceeded against either under this Act or under any such abovementioned Act, but so that no person shall be twice punished for the same offence. SOHEDULE. BOUNDARIES OF THE BRISBANE MILK DISTRICT. Oommencing on the shore of Moreton Bay at the mouth of the Pine River, and bounded thence by that river, the South Pine River and Albany Oreek upwards to the north boundary of portion 48 parish of Bunya, by the north, west, and south boundaries of that portion, by the east and south boundaries of portion 602 parish of Kedron, by the western boundaries of portions 604, 593, and 595, by the south-east boundaries of sections lO, 9, and 8, town of Bunyaville, by the north-east and east boundaries of portion 5 parish of Bunya to Kedron Brook, by that brook upwards to portion 81 parish of Samford, by the east and south boundaries of that portion, by the south boundaries of portions 82 and Ill, by the east boundaries of portions 85 and 86, by the south boundary of portion 86 and a line west to portion 109, by the south-east and south boundaries of that portion, by the east boundary of portion 91, by the southern watershed of the South Pine River westerly to D'Aguilar Range, by that range forming the western boundaries of the parishes of Samford, Indooroopilly, and Moggill south-easterly to the north- east corner of portion 62 parish of Kholo, by the east boundary of that portion, by the north-east boundary of portion 106, by the north- east, east, and south boundaries of portion 93 to Kholo Creek, by that creek downwards to the Brisbane River, by that river downwarW! to the mouth of Woogaroo Oreek, by the southern boundaries of R. 593 (Reserve for Insane Asylum) and portion 163 parish of Oxley to the south corner of that portion, by a road easterly, by the north boundary of portion 46 parish of Woogaroo, by the west boundaries of portions 39 and 47 to the road intersecting the latter, by that road intersecting also portion 41 same parish south-easterly to Oxley Oreek, by the southern boundaries of portions 397, 24, and 3 parish of Mitchell, by the east. boundaries of portions 3 and 4, by the southern boundary of the parish of Yeerongpilly easterly to the south-east corner of portion 403 same parish, by the eastern boundaries of portions 403 and 405, by the south boundaries of portions 57, 58, 166, 167, 168, and 5v, by Logan road north-westerly to the south-west corner of portion 138, by the south boundaries of portions 138, 136, 135, and 134, by the east boundaries of portions 134 and 133, by the south boundaries of portions 376 and 353 parish of Tingalpa, by Priest Gully upwards to the road intersecting portion 371, by that road easterly, by the east boundary of that portion, by the north boundary of portion 371A, by the south-west boundary of portion 372, by Buhot and Tingalpa Creeks downwards to Moreton Bay; and thence by the shores thereof north-westerly to the point of commencement.