Milk Supply Act of 1952 (1 Eliz Ii No. 38) (Qld)

298 MILK SUPPLY. MilkSupplyAct. 1 E liz . II. No. 38, MILK SUPPLY. An Act to make Further Provision for the Regula- iui'pr.Y A ct 01 1952 tion and Control of the Production, Collection, Treatment, Supply, Carriage, Sale, Delivery, and Distribution of Milk and Cream in relation to Prescribed Districts; to Repeal “ The Milk Supply Act of 1938 ”; to Provide for the Continuance and Reconstitution of the Brisbane Milk Board; and for other purposes. [A ssented to 2 nd D ecember , 1952.] E it enacted by the Queen’s Most Excellent Majesty, B 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:— preh S inaky . P art I.—P reliminary . Short title. . 1 (1.) This Act may he cited as “ The Milk Supply Act of 1952.” Commence- ment of Act. (2.) Except as herein otherwise provided, this Act come into operation on a date to be fixed by the Governor in Council-by Proclamation published in the Gazette. Construction 2. This Act, including every Proclamation, Order of Act. in Council, and regulation made hereunder, shall be read and construed so as not to exceed the legislative power of the State to the intent that, where any enactment hereof or provision of any such Proclamation, Order in Council, or regulation would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power. Parts of Act 3. This Act is divided into Parts as follows :— P art I.—P reliminary (ss. 1-5); P art II.—M ilk D istricts and M ilk B oards (ss. 6-16) ; P art III.—G eneral F unctions , P owers , and D uties of M ilk B oards ( s . 17);

1952. MILK SUPPLY. MilkSupplyAct. 299 PART I.— P reliminary . P art IV.—S pecial P rovisions R elating to the R egulation and C ontrol or M ilk and C ream S upplies and S uppliers (ss. 18-42) ; Division I.—Registration of Producers, Wholesale Vendors, and Retail Vendors (ss. 18-24); Division II. — Carriers’ Licenses (ss. 25-31); Division III.—Securities by Wholesale Vendors (a. 32); Division IV.—Quotas (s. 33); Division V.—Prohibition of Monopolies and Restrictive Practices with respect to the Sale and Delivery of Milk and Cream (ss. 34-38); Division VI.—Vesting of Milk in Millp Boards (ss. 39^2) ; P art V.—F inancial P rovisions ( ss . 43-46); P art VI.—S upply oe P asteurised M± lk and C ream within P rescribed A reas (ssi 47-50); P art VII.—M iscellaneous ( ss . 51-66). refer 4 re . d * t “ o T a h s e “ M th i e lk re S p u ea p l p e l d y A A c c t t ”) o i f s 1h9e3r8eb ” y r( hepereeailneadft:er NR2 oeGp. ee2oa7. lVaonIf. d savings* Provided that until a date is fixed under section eighteen of this Act in relation to the Brisbane Milk District and Brisbane Milk Board the provisions of sections twenty-two, twenty-three, and twenty-four of *“ The Milk Supply Act of 1938,” and every determination, regulation, certificate, notification, and registration thereunder shall continue in force in relation to that District and Board but on the first moment of the date fixed • under the said section eighteen shall, without further or other authority, be and he deemed to he repealed or, as the case may be, revoked: Provided further that, but without limiting the operation of f“ The Acts Shortening Acts ”— (i.) Subject to reconstitution as provided for in this Act, the Brisbane Milk Board constituted for' the Brisbane Milk District under the repealed Act shall continue in existence and * 2 G. 6 No. 27. t 31 V. No. 6 and amending Acts.

300 P art I.— ' ikliminary MILK SUPPLY. MilkSupplyAct. 1 E liz . II. No. 38, shall under the same name be the Milk Board for the Brisbane Milk District under and for . the purposes of this Act; Neither the repeal of the repealed Act nor the reconstitution under and pursuant to this Act of that Board shall affect its continuity or its corporate identity ; If all things and steps necessary to reconstitute that Board under and in accordance with this Act shall not have been taken and done before the commencement of this Act, that Board shall continue to be constituted under and for the purposes of this Act by the chairman and other members thereof in office at the commencement of this Act, each of whom may, subject to the disqualifications from office imposed by this Act, continue in his respective office (notwithstanding that by so continuing he shall retain office for a period longer than three years) until the date when the chairman and other members first appointed under this Act to constitute that Board as reconstituted by this Act take office ; During any continuance in office as aforesaid of the chairman or members of the Brisbane Milk Board in office at the commencement of this Act, that Board as constituted by them may exercise, take, and do under, subject to, and in accordance with the provisions of this Act all such powers, functions, authorities, steps, and things as may be exercised, taken, and done by the Brisbane Milk Board in relation to the Brisbane Milk District by virtue of this Act; (ii.) Neither the repeal of the repealed Act nor the reconstitution under and pursuant to this Act of the Brisbane Milk Board shall affect the continuity of the office or employment of the secretary, any other officer, or any employee of that Board, excepting that the Secretary, every other officer, and every employee holding office under or employed by that Board at the

1952. MILK SUPPLY. MilkSupplyAct. 301 P art I.— P reliminary . commencement of this Act shall thereafter continue in office or employment under and subject to this Act: (iii.) Neither the repeal of the repealed Act nor the reconstitution under and pursuant to this Act of the Brisbane Milk Board shall affect any rights or liabilities of that Board, and any legal proceedings that might have been commenced or continued by or against that Board as constituted under the repealed Act may be commenced or continued by or against it as reconstituted under this Act, or until so reconstituted, as constituted as provided in paragraph (i.) of this proviso ; (iv.) Property, including moneys, held by the Brisbane Milk Board as at the commencement of this Act shall be applied by that Board under and for the purposes of this Act; (v.) Unless otherwise expressly provided, every Proclamation, Order in Council, regulation, certificate, license, registration, appointment, approval, arrangement, assessment, consent, determination, requirement, notice, prohibition, or act of authority made, granted, given, issued, done, or otherwise originated under the repealed Act and subsisting at the commencement of this Act, shall, subject as hereinafter provided and so far as it is consistent with this Act, continue for the purposes of this Act in force (until it expires by effluxion of time, or is repealed, amended or otherwise modified, revoked, cancelled, suspended, or surrendered under this Act) as fully and effectually as if it had originated under the corresponding provisions of this Act, and shall, where necessary, be deemed to have so originated : Provided that every such Proclamation, Order in Council, regulation, certificate, license, registration, appointment, approval, arrangement, assessment, consent, deter­ mination, requirement, notice, prohibition, or act of authority shall be read and construed subject to this Act;

302 P art T. — P reliminary . MILK SUPPLY. MilkSupplyAct. 1 E lk . II. No. 38, (vi.) All penalties and forfeitures imposed under any provision of the repealed Act and incurred at the repeal of that Act shall and may be enforced as if the repealed Act had not been repealed; (vii.) All actions and proceedings under the repealed Act commenced or pending when that Act is repealed may be carried on and prosecuted as if such repeal had not been made, and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything contained in this Act; and (viii.) In any Act (including any Order in Council or regulation thereunder) any reference to or citation of the repealed Act shall be deemed, unless the context otherwise indicates or requires, to be a reference to or citation of this Act, and any reference to the Brisbane Milk Board constituted under the repealed Act shall be read as a reference to the Brisbane Milk Board under this Act. Meaning of terras. 5. (1.) In this Act, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say— Board ; Milk Board. “Board” or “Milk Board A Milk Board (including the Brisbane Milk Board) constituted under and for the purposes of this Act; Brisbane Milk Board. “ Brisbane Milk Board ”—The Brisbane Milk Board constituted under and for the purposes of this Act; Brisbane Milk District. “ Brisbane Milk District ”—The area which, for the time being, constitutes the Brisbane Milk District under and for the purposes of this Act; Cream. “ Cream ”—Cream other than cream used for the manufacture of butter or ice-cream, Dairy. “ Dairy ”—Any land, buildings, or other premises, used for or in connection with the production of milk;

MILK SUPPLY. 1952. MilkSupplyAct. 303 P ast I.— pkelmjna *- “ District ” or “ Milk District ”—The area which, ; for the time being, constitutes a Milk District District, (including the Brisbane Milk District) under and for the purposes of this Act; “ Milk ”—Includes whole milk and milk in any Milk, standardized or other prescribed form : The term does not include however milk used for the manufacture of butter, cheese, condensed milk, dried milk, concentrated milk, evaporated milk, or ice-cream; “ Minister ”—The Secretary for Agriculture and MlIlister- Stock or other Minister of the Crown for the time being charged with the administration of this Act; “ Order in Council ”—An Order in Council made Order in under or continued in force by this Act; Council. “ Person ”—Includes a body corporate ; Person. “ Prescribed ”—-Prescribed by this Act; Prescribed. “ Producer ”—The owner or occupier of a dairy ; Producer. “ Regulations ”—Regulations made under or Regulations, continued in force by this Act; “ Retail vendor ”—A person who sells in any Milk District by retail, whether from any premises ven or‘ or from door to door or otherwise, milk or cream or milk and cream; “ Sale ”—Includes sale by wholesale or retail, Sale, barter, exchange, supply for profit, agree to sell, offer or expose for sale, keep or have in possession for sale, send forward or deliver for or on sale, or authorise, direct, cause, permit, suffer, or attempt any of such acts or things; “ Standardized ”—Used in relation to milk, |te^ldard‘ means the addition to milk of any separated,126 ’ condensed, concentrated, dried, or desiccated milk or milk powder or water or any colouring or preservative matter or other substance whatever, or the extraction from whole milk of any of its original constituent parts ; “ This Act ”—This Act and all Proclamations, This Act. Orders in Council, regulations, notifications, and determinations continued in force or made or given hereunder ;

304 P art I.— P reliminary . MILK SUPPLY. MilkSupplyAct. 1 E liz . II. No. 38, Use, “ Use ”—In relation to milk or cream or milk and cream, includes use or intended use by any person whomsoever for any purpose, and consume or consumption or intended consumption; Wholesale vendor. “ Wholesale vendor ”—A person who sells wholesale milk or cream or milk and cream : The term includes a person who sells partly wholesale and partly retail milk or cream or milk and cream, and also includes the occupier of any premises, other than a dairy, in which milk or cream or milk and cream is treated : The term does not include any producer who sells only milk or cream produced by him. Derivatives. (2.) Derivatives of any term to which a meaning is assigned by this section shall in this Act, unless the context otherwise indicates or requires, have a corresponding meaning. Reference to (3.) Any reference in this Act to any other Act other Acts. shall be taken to include a reference to any later Act amending or in substitution for that other Act. P art II.— M ilk D istricts and M ilk B oards . The Brisbane Milk District. P art II. —M ilk D istricts and M ilk B oards . Milk Districts. 6. (1.) Subject to subsection three of this section, the Area of the City of Brisbane as set forth in the Schedule to *“ The Milk Supply Act of 1938,” without further or other authority and notwithstanding the repeal of that Act, is declared to constitute a Milk District, with the name of “ The Brisbane Milk District,” under and for the purposes of this Act. Constitution (2.) (a) The Governor in Council may from time oMfilokther to time, by Order in Council, declare any area or areas Districts. without the Brisbane Milk District specified by him to constitute a Milk District with the name of “ The [such name as the Governor in Council so specifies] Milk District ” under and for the purposes of this Act. (b) One and the same Milk District may be constituted by any two or more areas, notwithstanding that no parts of the respective boundaries of such areas, or any of them, are contiguous. * 2 G. 6 No. 27.

MILK SUPPLY, 305 P art ii .— 1952, MilkSupplyAct. districts and M ilk ' B oards . (3.) (a) The Governor in Council may from time to Alteration of time by Order in Council alter any Milk District Districts, &c. (including the Brisbane Milk District) by— (i.) Including in that District any area specified by him without the area of such District; (ii.) Excluding from that District any area or part of any area specified by him. (b) Any area may be so included in any Milk District notwithstanding that no part of its boundaries is contiguous with, or with any part of, the boundaries of that District as constituted immediately prior to the inclusion of the area. (c) The Governor in Council may from time to time in like manner alter the name of any Milk District or amalgamate any Milk Districts. (4.) The boundaries of every Milk District shall be Judicial j . ud t ici• ailily notii*ceid. nbooutincedaorfies . of District. Milk Boards. 7. (1.) For the purposes of this Act, there shall be Board a Milk Board for each and every Milk District, and Miik^ every such Board shall have such functions, powers, District, authorities, and duties as are conferred or imposed upon it by this Act. (2.) The Milk Board for the Brisbane Milk District shall have the name of “ The Brisbane Milk Board ” and the Milk Board for any other Milk District shall have the name of “ The [such name as the Governor in Council specifies by Order in Council in that case for this purpose] Milk Board.” 8. (1.) Each and every Milk Board (including the incorpor. Brisbane Milk Board) shall be a body corporate under BoSd^ the name prescribed for that Board, and by that name shall have perpetual succession and an official seal, and shall be capable in law of suing and being sued 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. (2.) All courts, judges, and persons acting judicially shall take judicial notice of the seal of a Board affixed to any notice or other document whatsoever, and shall presume that it was duly affixed.

306 P am II.— M ilk D istricts and M ilk B oards . MILK SUPPLY. MilkSupplyAct. 1 E liz . II. No. 38, (3.) In no case shall the corporate entity or capacity of a Board be in any way affected by any alteration in the number, representation, or qualifications of its members or by any reconstitution pursuant to this Act. Reconsti­ 9. (1.) The Brisbane Milk Board shall be tBurtiisobnanoef the reconstituted in accordance with the provisions of this Milk Board. Act, and shall unless and until otherwise prescribed consist of a chairman and five other members each of whom shall, subject to the provisions of this Act relating to elective members, be appointed by the Governor in Council. (2.) (a) The chairman of the Brisbane Milk Board shall represent the Government of this State. (6) Subject to this Act, of the members of the Brisbane Milk Board other than the chairman— (i.) Two shall represent the producers; (ii.) One shall represent the wholesale vendors ; (iii.) One shall represent the retail vendors ; and (iv.) One shall represent the consumers. Subject to this Act, of the two persons for appointment as members to represent the producers— (A) One shall be elected by the producers who for the time being are supplying or selling milk or cream for use within the Brisbane Milk District; and (B) One (who shall be a producer and who supplies whole milk) shall be elected by the wholesale vendors carrying on business as such without the Brisbane Milk District and for the time being supplying or selling milk or cream for use within the Brisbane Milk District and being primary producers’ co-operative associations registered under *“ The Primary Producers' Co-operative Associations Acts, 1923 to 1934 ”. (c) Subject to this Act, elections respectively of the two persons for appointment as members of the Brisbane Milk Board to represent the producers, the person for * 14 G. 5 No. 45 and amending Acts.

MILK SUPPLY. 307 ------------------------------------------------------------------------------------------------------------------------------------------ ' 1952. MilkSupplyAct. __ ______________________________________________________________________________________ __ P ast ii .— district # AND MllK B oards , 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) of this subsection, shall be held under and pursuant to this Act, as soon as may be after the passing of this Act and during every third year thereafter upon a date (or according as the Governor in Council may determine in respect of any of those elections, different dates) to be fixed by the Governor in Council by Order in Council. (3.) Subject to this Act, upon the completion of the first elections and thereafter triennially upon the completion of the triennial elections specified in subsection two of this section, the Governor in Council shall by Order in Council appoint a person to be the chairman and a person to be the member representing the consumers and (subject to sections eleven and twelve of this Act) the four persons elected at those elections to be the four other members of the Board on and from a date to be specified in that Order in Council. (4.) For the purpose of enabling the first members Exercise of of the Brisbane Milk Board as reconstituted in accordance between with the provisions of this Act to assume their respective passing and offices on that Board immediately on or as soon as may meXofAct. be after the commencement 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 commencement hereof as may be done or exercised after the commencement of this Act, and for that purpose this Act shall be deemed to commence upon the passing hereof: Provided that nothing contained in this subsection nor any act, matter, or thing done, or power exercised hereunder shall prejudice or affect in any way the continuity or membership of the Brisbane Milk Board constituted under and for the purposes of *“ The Milk Supply Act of 1938,” and continued as the Brisbane Milk Board constituted under and for the purposes of this Act, but immediately on the commencement of office of the first members of the Brisbane Milk Board as reconstituted pursuant to this Act the chairman and all other members of that Board as previously * 2 G. 6 No. 27.

308 P art II.— M ilk D istricts and M ilk B oards . MILK SUPPLY. MilkSupplyAct. 1 E liz . II. No. 38, constituted, shall, unless re-appointed, cease to hold their respective offices thereon, without any right or remedy in consequence thereof. Elections. (5.) {a) Every election of the person or persons for appointment as a member or members of the Brisbane Milk Board to represent the producers, the wholesale vendors, and the retail vendors, as the case requires, shall be held in such manner as may be prescribed. (b) The Governor in Council may from time to time by Order in Council or the regulations prescribe either generally or to meet particular cases all or any matters and things he considers necessary or desirable with respect to the first and every other election of the respective representatives for appointment as members of the Brisbane Milk Board including, but without limiting the generality thereof, the qualifications of the persons entitled to vote for the respective representatives at such elections, the compilation of the respective rolls of those persons, the making of any and every such roll conclusive evidence of the right of the persons enrolled therein to vote at the election for which that roll has been compiled, offences in relation to the elections, and all or any other matters and things, whether of a like nature or not, preliminary to, and subsequent to, such elections and generally as to the conduct of such elections : Provided that, but subject to the provisions of paragraph (6) of subsection two of this section, no person shall be entitled to vote at any elections of such representatives as a producer, retail vendor, or as the case may be, wholesale vendor and as a member of another of those classes and where he is a member of more than one of those classes he shall for the purposes of such elections nominate in the manner prescribed the class as a qualified member of which he desires enrolment: Provided further that, but subject to the provisions of paragraph ( b) of subsection two of this section, no person shall be entitled to vote as a member of a class more than once at the same election. (6.) The Brisbane Milk Board shall be deemed to be reconstituted in accordance with the provisions of this section on and from the date of the first appointment under this section of the members thereof.

MILK SUPPLY. 309 1952. MilkSupplyAct. P art II.— districts __________________________________________________________________________________________ and M ilk B oards . 10. (1.) Upon the constitution of any Milk District Congt;tutioil other than the Brisbane Milk District under and for of other the purposes of this Act the Governor in Council shall by MUk Boards- the Order in Council constituting that District or by a subsequent Order in Council or by the regulations— (i.) Constitute a Milk Board for that Milk District; (ii.) Specify the name of that Milk Board ; (iii.) Fix the number of members of and representation upon that Milk Board ; and (iv.) Prescribe either generally or to meet particular cases all or any matters and things he considers necessary or desirable with respect to the constitution of that Milk Board and the first and every other election or appointment or election and appointment of all or any members thereof, including but without limiting the generality thereof, the times for holding the first and every subsequent periodical election for representation on the Board, the qualifications of the persons entitled to vote for the respective representatives at elections, the compilation of the respective rolls of those persons, and the making of any and every such roll conclusive evidence of the right of the persons enrolled therein to vote at the election for which that roll has been compiled, offences in relation to the elections, and all or any other matters and things, whether of a like nature or not, preliminary to, and subsequent to, elections and generally as to the conduct of elections. With respect to that Milk Board the provisoes, with respect to the Brisbane Milk Board, to paragraph (b) of subsection five of section nine of this Act shall apply and extend accordingly. (2.) Each and every Milk Board constituted pursuant to this section shall be deemed to be constituted on and from the date of the first appointment of the members thereof. 11. Subject to this Act, if, with respect to any Number of election of any persons for appointment as members of Sotgreater any Milk Board (including the Brisbane Milk Board), than number the number of persons duly nominated for election asto be elected-

310 P art II.— D istricts and M ilk B oards . MILK SUPPLY. MilkSupplyAct. 1 E l IZ. II. No. 38, ' representatives of the producers, or of the wholesale vendors, or of the retail vendors, as the case may be, does not exceed the number to be elected, the person or persons so nominated shall without a ballot be deemed to be duly elected as such representative or representatives accordingly. f Vacancies. 12. (1.) If for the purpose of making the first or any subsequent triennial appointment as members of a Milk Board (including the Brisbane Milk Board) of any persons required by this Act to be elected for such appointment, or if at any time for the purpose of filling any vacancy or vacancies in the office of any such members, the person or persons of the number required, for any reason whatsoever, have not been duly elected pursuant to this Act, the Governor in Council may nevertheless appoint such person or persons, as the case requires and as he deems fit, as a member or members of the Board to fill the office or, as the case may be, offices in question, but in so doing he shall appoint any and every duly elected person to the office for which he has been so elected. Moreover, if at any time any duly elected person refuses to accept the appointment to the Board for which he was elected or, having been appointed as a member of the Board, refuses, neglects, or otherwise fails to act as such, the Governor in Council may thereupon appoint, in lieu of that person, another person as he deems fit, to be a member of the Board, and, where the appointment was made by reason of the failure to act as member, then the appointment of that member who has failed to act shall upon the making of such other appointment, without further or other authority, be deemed to be cancelled. (a) (2.) When a vacancy arises in the office of a member of a Milk Board the Board shall give immediate notice thereof to the Minister. (b) Where the Minister has received notice of or finds that a vacancy has arisen in the office of a member of a Milk Board he shall thereupon, in the case of a non-elective member, take steps to fill that vacancy, and in the case of an elective member, cause an election to be held under and pursuant to this Act so that the producers, wholesale vendors, or retail vendors, subject

MILK SUPPLY. 1952. MilkSupplyAct. to this Act, whose representative has caused such vacancy, may elect a representative for appointment to the vacant office: 311 PART II.— M ilk D istricts and M ilk B oards . Provided that, and notwithstanding anything to the contrary contained in this Act, where a vacancy arises (howsoever occurring) in the office of an elective member of a Milk Board within the twelve months immediately preceding the date when the term of office of that member ordinarily would have concluded, the Governor in Council may appoint any person he deems fit to fill that vacancy without an election being held under and pursuant to this Act to elect that person for such appointment or, at his discretion, require that such an election be held. (c) The person appointed to fill a vacant office, whether as chairman or other member of a Milk Board, shall hold the office to which he is appointed for the remainder of the term of his predecessor, and shall be eligible, in the case of an elective member for re-election, and in any case for re-appointment thereto. 13. (1.) (a) Subject to this Act, the chairman and Term of every other member of any Milk Board shall hold his officetof f respective office for a period of three years and, subject MUk Boards, to further re-election in the case of an elective member, be eligible for re-appointment. (b) The office of chairman or any other member of any Milk Board shall— (i.) Commence on the day specified in the Order in Council appointing him thereto ; and (ii.) Subject to this Act, become vacant at the conclusion of his term of appointment. (c) Notwithstanding anything in this Act contained, the members of a Milk Board, in office in the year in which the triennial appointments as members of the Milk Board are made shall continue and remain in office until the whole of the members of the Board are appointed in accordance with this Act in that year and notwithstanding that such firstmentioned members may thereby hold office as members of the Board for a longer period than three years.

312 MILK SUPPLY. P art II,— M ilk D istricts and M ilk B oards . MilkSupplyAct. 1 E liz . II. No. 38, Vacation of (2.) (a) The office of chairman or other member of moMffeiilmckebBbeorya­ordf . oatnhyerMmilkemBboearr— d shall become vacant if such chairman or (i.) Dies or becomes mentally sick ; or (ii.) Becomes bankrupt or compounds or makes an arrangement with his creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy ; or (iii.) Is absent without leave from three consecutive ordinary meetings of the Milk Board of which due notice has been given to him ; or (iv.) Resigns his office by writing under his hand delivered to the Minister ; or (v.) Is convicted of an indictable offence or of an offence against this Act; or (vi.) Is removed from office by the Governor in Council: Provided that the attendance of a member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason that no quorum is present no meeting is actually held on that day, and the secretary of the Board shall enter in the minute book the names of all members who so attend. ( b ) If the chairman or any other member of a Milk Board before he is capable of acting as such or after his office has become vacated or his appointment thereto has been cancelled by or under this Act acts or continues to act as chairman or member knowing that he is not capable or that his office has become vacated or his appointment thereto has been cancelled, he shall be guilty of an offence against this Act. (3.) Any person appointed as the chairman or any other member of a Milk Board, other than a person elected under and pursuant to this Act for such appointment, and who is an officer of any Department of the Government of this State may hold such appointment in conjunction with the office for the time being held by him in that Department. Meetmgs. 14. (1.) A Milk Board shall meet at such times and places and regulate and conduct its business in such manner as may be prescribed or, in so far as not prescribed, as it may from time to time decide.

MILK SUPPLY. 313 1952. Milk, Supply Act. P art II.— M ilk D istricts and M ilk B oards . (2.) The number of members required to form a Quorum. quorum at any meeting of a Milk Board shall be as is prescribed for that Board. (3.) The chairman shall preside at all meetings of a Presiding at Milk Board at which he is present. meetings. If the chairman is absent from any duly convened meeting the deputy for the chairman shall preside at the meeting. The person presiding at any meeting of a Milk Board shall have a vote and when there is an equal division of votes upon any question and more than three members take part in such division shall have a second or casting vote. (4.) The validity of acts done by a Milk Board or Validity of by any person acting as chairman or member of a Milk abcytsadMonilek Board shall not be affected by any error or defect in Board. the appointment or nomination or election for appointment or of any disqualification of any such person, or by reason of there being any vacancy in the number of members at the time. (5.) Every member (other than the chairman) of a Allowances, Milk Board and the deputy for the chairman shall be m&ecm. , boefrs. entitled to such allowances or fees or to such allowances and fees as may be recommended by that Board in his case and approved by the Minister. Provided that the allowance of the chairman of a Milk Board shall be at such rate as is from time to time fixed in his case by the Governor in Council. (6.) A Milk Board shall be deemed not to represent nMoitlktoBoard the Crown for any purpose whatsoever. represent Crown. a me1m5b.er( 1o.) f Fanory eMacilhk MBiolakrdBosahradll abepearpsopnoiwntheod itsonboet Dcheapirumtyan. the deputy for the chairman of the Board. (2.) The Governor in Council shall, whenever necessary, appoint by notification published in the Gazette such person as he deems fit to be the deputy for the chairman of the Milk Board and in like manner may rescind any such appointment. (3.) The deputy for the chairman of a Milk Board shall act as and be deemed for all purposes to be chairman and a member of the Milk Board when and during such

314 P art II.— M ilk D istricts and M ilk B oards . MILK SUPPLY. MilkSupplyAct . 1 E liz . II. No. 38, time as the chairman of the Board is prevented by absence, illness, or otherwise from performing the duties of the office of chairman or during such time as a vacancy exists in the office of chairman and while he so acts shall have and may exercise all of the powers, functions, and authorities, and shall perform all of the duties, and shall enjoy the immunities of the chairman. The fact that the deputy for the chairman has exercised any power, function, or authority, or has performed any duty of the chairman shall, until the contrary is proved, be sufficient evidence that the chairman was then so prevented from performing the duties of his office or that a vacancy then existed in the office of chairman. (4.) Any person appointed to be the deputy for the chairman of a Milk Board and who is an officer of any Department of the Government of this State may hold such appointment in conjunction with the office for the time being held by him in that Department. Amalga­ 16. The Governor in Council may at any time and mofaMtioilnk from time to time by Order in Council reconstitute any Districts, &c. existing Milk Board (and the number of members of and representation upon that reconstituted Board may differ from the number of members of and representation upon the Board as previously prescribed). With respect to— (i.) The reconstitution as aforesaid of a Milk Board ; or (ii.) The constitution, consequent on the amalgamation of two or more Milk Districts, of a Milk Board for the amalgamated District, the Governor in Council may exercise, do, and take all such powers, things, and steps as are authorised by this Act to he exercised, done, or taken by him with respect to the constitution of a Milk Board for a District and, in addition, may by Order in Council or by the regulations make provision with respect to— (A) The dissolution of the existing Milk Board or, as the case may be, the Milk Boards for the original Milk Districts ;

MILK SUPPLY. 315 1952. MilkSupplyAct. P art II.— M ilk D istricts and M ilk B oards . (B) The vesting of property, real and personal, of the old Milk Board or, as the case may be, the original Milk Boards respectively in the new Milk Board ; (C) The payment to the new Milk Board of moneys payable to the old Milk Board or, as the case may be, the original Milk Boards respectively; (D) The making of liabilities and engagements of the old Milk Board or, as the case may be, original Milk Boards respectively the liabilities and engagements of the new Milk Board; (E) The prosecution by or against the new Milk Board of proceedings pending by or against the old Milk Board or, as the case may be, original Milk Boards respectively ; and (F) All or any other matters and things, whether of a like nature or not, he considers necessary or desirable with respect to the reconstitution of the Milk Board or, as the case may be, amalgamation of the Milk Districts in question and the dissolution of the old Milk Board or, as the case may be, original Milk Boards and the constitution of the new Milk Board. P art III. — G eneral F unctions , P owers , and D uties oe M ilk B oards . P art III.— G eneral F unctions , D uties of boards . 17. (1.) Subject to this Act, it shall be the duty General of the Milk Board for a Milk District to— dutfeTafif (i.) Take all such steps as may be necessary to Milk Board- ensure that an adequate supply of milk and cream of a standard of quality not less than the standard for the time being prescribed under *“ The Health Acts, 1937 to 1949,” and, if classes and grades are fixed by that Board, of the classes and grades so fixed, shall be available for use in quantities sufficient to meet all reasonable demands therefor in all parts of that Milk District; (ii.) Take such steps as it considers necessary to promote and encourage the use of milk and cream, including, but without limiting the * 1 G. 6 No. 31 and amending Acts.

316 P art III.— G eneral F unctions , P owers , and D uties of M ilk B oards . MILK SUPPLY. MilkSupplyAct. 1 E liz . II. No. 38, generality thereof, the publication of such reports, information, and advice concerning the production, collection, treatment, carriage, delivery, keeping, storing, preservation, and use of milk and cream as to it may seem advisable; (iii.) Generally, regulate and control— (A) The production, collection, treatment, carriage, sale, delivery, and supply of milk and cream for use in that Milk District, regardless of the boundaries of such Milk District; and . (B) Exclusively of any other Milk Board, the production, collection, treatment, carriage, sale, delivery, supply, and distribution of milk and cream within that Milk District ; and (iv.) Generally, exercise and discharge such other functions, powers, authorities, and duties as may be conferred or imposed upon it by this or any other Act. (2.) Subject to this Act, the Milk Board for a Milk District may from time to time— (i.) Devise and promote improved methods of collecting, treating, carrying, delivering, and distributing milk and cream (including the distributing of milk and cream in sealed containers) ; (ii.) Define, regulate, and control the method, extent, and conditions of supply, collection, carriage, and treatment of milk and cream for use in that Milk District; (iii.) Devise and promote means to prevent and eliminate unhygienic, wasteful, or unnecessary agencies, methods, practices, costs, or charges in connection with the production, collection, treatment, carriage, delivery, distribution, and sale of milk and cream ; (iv.) Establish and maintain and assist in the establishment and maintenance of laboratories for the chemical, physical, bacteriological, or pathological analysis or examination of milk or cream or do any of these things;

MILK SUPPLY. 317 1952. P art III.— Milk Supply Act. G eneral F unctions , P owers , and D uties oe (v.) Fix classes and grades of milk and of cream BM oailrkds . which may be supplied or sold for use in that Milk District, including the fixing of different grades for different classes of milk and of cream, and the fixing of different classes or grades with respect to the supply or sale by different persons or classes of persons or according to the treatment to which the milk or cream is to be subjected or according to the purpose for which it is to be used or according to any other circumstances whatsoever which in the opinion of the Milk Board render the fixing of different classes or grades advisable ; (vi.) Call for and obtain such information or returns (including periodical information or returns) from producers, wholesale vendors, and retail vendors as may be prescribed, or in so far as not prescribed, as in the opinion of the Milk Board are desirable ; (vii.) Take or purchase or cause to be taken or purchased samples of milk or cream in the prescribed manner, and enter and inspect or cause to he entered and inspected any premises, vehicles, plant, or equipment used or suspected to be used in connection with the production, collection, treatment, carriage, sale, delivery, supply, or distribution of milk or cream ; (viii.) Appoint producers, wholesale vendors, retail vendors, and other persons to act as agents of the Board in the exercise or performance of any power, authority, or function conferred upon the Board by this Act, and require any person so appointed to keep such hooks and records as may be prescribed and in such form and manner as may be prescribed; (ix,) Purchase or otherwise acquire such stock, plant, equipment, vessels, containers, and vehicles as may be necessary for enabling the Board to perform and carry out any of its functions under this Act; and at any time hire or sell or otherwise dispose of any stock, plant, equipment, vessels, containers, or vehicles so purchased or acquired;

318 P art III.— G eneral F unctions , P owers , ani D uties of M ilk B oards . MILK SUPPLY. MilkSupplyAct. 1 E liz . II. No. 38, (x.) Establish, or arrange for the establishment of a central depot, or depots, for the cohection, treatment, and testing of ah milk and cream intended for use or distribution in its District; (xi.) With the consent of the Minister, purchase or take on lease such lands and premises as the Board considers necessary for the purposes of this Act, and at any time with the like consent mortgage, sell, or dispose of any such property ; (xh.) With the consent of the Minister, erect such buildings and install such plant and equipment as the Board thinks necessary or desirable on any land owned or occupied by the Board; (xiii.) Report to or confer with the Minister upon ah or any matters affecting or having relation to the objects for which the Milk Board is constituted or to the Board’s carrying out, and giving effect to, the provisions of this Act and make any recommendations thereon as to it may seem advisable; (xiv.) Generally do all or any such acts and things as may be prescribed and all or any such acts and things as may be necessary for the discharge of its duties with respect to the regulation and control of the production, collection, treatment, carriage, sale, delivery, supply and distribution of milk and cream, or for the exercise and discharge of such other functions, powers, authorities, and duties as may be conferred or imposed upon it by this or any other Act, or for the carrying out, and giving effect to, the provisions of this Act. i V>wer to operate as vendor of milk and oream. (3.) A Milk Board may, as a function of that Board, but with the prior approval of the Minister, establish, maintain, manage, conduct, and operate, in respect of the Milk District for which it is constituted, the business of a wholesale vendor, or of a retail vendor, or of both a wholesale vendor and a retail vendor, including the carriage of milk or cream or milk and cream.

MILK SUPPLY. 319 1952. MilkSupplyAct. P art III.— G eneral F unctions , P owers , and D uties of For purposes of or incidental to the establishment, BM oailrkds . maintenance, management, conduct, and operation of the business of a wholesale vendor, or of a retail vendor, or of both a wholesale vendor and a retail vendor, a Milk Board may— (i.) Acquire by purchase at any time and from time to time any milk or cream ; (ii.) Sell or dispose of any milk or cream ; (iii.) Manufacture, distribute, and sell milk products, ice, and other foodstuffs ; (iv.) Separate into cream any milk and sell or dispose of such cream ; (v.) Sell or dispose of any by-products resulting from the separation into cream of milk or from the manufacture of milk products ; (vi.) Enter into contracts or arrangements with respect to the acquisition by purchase and the sale or disposal by the Board of milk, or cream, or ice, or other foodstuffs, or by-products ; (vii.) Manage and control all matters connected with the carriage, handling, storage, collection, treatment, and distribution of milk or cream acquired by purchase by the Board or sold or otherwise disposed of by the Board; and (viii.) Exercise, take, and do all such powers, steps, and things as it is authorised by this Act to exercise, take, or do including, but without limit to the generality of the foregoing provisions of this paragraph (viii.), the exercise, taking and doing of the powers, steps, and things prescribed by paragraphs (viii.), (ix.), (x.), (xi.), and (xii.) of subsection two of this section. (4.) A Milk Board may make such determinations, orders, and requests, give such notices and directions, enter into such contracts, and do and take all such other acts, things, and steps as appear to it to be necessary or desirable for giving effect to this section or for the execution of the powers conferred on the Board by this Act.

320 MILK SUPPLY. P art III.— G eneral F unctions , P owers , and D uties of M ilk B oards . MilkSupplyAct. 1 E liz . II. No. 38, (5.) (a) A Milk Board may appoint a secretary Secretary, and such other officers and employ such employees ooftfhiceerrs, and and appoint such agents as it may consider necessary employees. for effectively exercising and discharging its functions, powers, authorities, and duties under this or any other Act. ( b) The services of any officers or employees or agents appointed or employed or deemed to be appointed or employed by a Milk Board under this or any other Act may be terminated by that Milk Board. P art IV.— S pecial P rovisions R elating to THE R egulation and C ontrol of M ilk and C ream S upplies and S uppliers . P art IV.— S pecial P rovisions R elating to the R egulation and C ontrol op M ilk and C ream S upplies and S uppliers . DRivegisiisotrnat I i . o — n Division I.—Registration of Producers, Wholesale Vendors, of Producers , Wholesale and Retail Vendors. VeVnRedneodtraosi , rlsa . nd of th1e8M. iTlkhBe oMaridnisfoterramMaiylk uDpiosntritchtefixrebcoymnmoteinfidcaattiioonn Ptoowcaeurse published in the Gazette a date on and from which the registration provisions of this Division I. of Part IV. of this Act owfhporleosdaulecers, shall apply and be in full force and effect in relation to vendors, and that Milk District and Milk Board, and on and from vreetnadilors. the date so fixed such provisions shall apply and be in full force and effect accordingly. Offences by persons not 19. (1.) A person shall not supply or sell at any holding time any milk or cream for use or treatment within a ocefrtificates Milk District unless at that time that milk or cream registration, is supplied or sold by him under the authority of, and in <fcc. compliance in every respect with the conditions of a certificate of registration granted under this Division of this Part of this Act by the Milk Board for that Milk District. This subsection applies with respect to all milk or cream for use or treatment within a Milk District— (i.) Whether produced therein or thereout; and (ii.) Whether supplied or sold therein or thereout. (2.) A person shall not in any Milk District at any time, treat any milk or cream unless at that time that person is the holder of a wholesale vendor’s certificate of registration granted under this Division

MILK SUPPLY. 321 P art IV.— 1952. MilkSupplyAct. S pecial P rovisions R elating to THE of this Part of this Act by the Milk Board for that a R nedg C uloanttiroonl Milk District which specifically authorises him to treat, anodf MC rilekam in that District, that milk or cream: S upplies and S uppliers . Provided that this subsection does not apply with Division I .— respect to the treatment by a producer of milk or cream oRfePgriostdruactieorns, produced by him. Wholesale Vendors , and Retail (3.) Any person who at a time when a wholesale Vendors. vendor or retail vendor acting or carrying on business as such within a Milk District is not the holder of a certificate of registration granted under this Division of this Part of this Act by the Milk Board for that Milk District, supplies or sells milk or cream to that wholesale vendor or, as the case may be, retail vendor shall be guilty of an offence against this Act. 20. (1.) There shall be, in respect of a Milk District, Certificates three classes of certificates of registration as follows, registration, namely :— (i.) A producer’s certificate of registration— which shall authorise the holder thereof to supply or sell (in compliance in every respect with the conditions, if any, prescribed for certificates of that class and the additional conditions, if any, set out in the certificate) for use or treatment in that Milk District milk, or cream, or milk and cream, according as the certificate specifies, produced by him ; (ii.) A wholesale vendor’s certificate of registration—which shall authorise the holder thereof to supply or sell by wholesale (in compliance in every respect with the conditions, if any, prescribed for certificates of that class, and the additional conditions, if any, set out in the certificate), for use or treatment in that Milk District milk, or cream, or milk and cream, according as the certificate specifies, not produced by him ; (iii.) A retail vendor’s certificate—which shall authorise the holder thereof to sell by retail in that District (in compliance in every respect with the conditions prescribed for certificates of that class and the additional conditions, if any, set out in the certificate)

322 MILK SUPPLY. P art IV.— S pecial P rovisions MilkSupplyAct. 1 E liz . II. No. 38, R elating TO THE R egulation and C ontrol of M ilk milk, or cream, or milk and cream, according and C ream S upplies as the certificate specifies, not produced by and S uppliers . him, from any vehicle used by the holder Division I .— thereof for the distribution of milk or from Registration of Producers, specified premises. Wholesale Vendors, and Retail (2.) A Milk Board may, from time to time, grant Vendors. in respect of the Milk District for which it is constituted, such and so many certificates of registration of each class as it deems fit. (3.) (a) For the purposes of this Act, every certificate of registration shall be deemed to be granted subject to the conditions, if any, prescribed for certificates of that class and the additional conditions, if any, set out in the certificate, and the Board may grant any such certificate subject to such conditions, additional to, but not inconsistent with, any conditions prescribed for certificates of that class, as the Board deems fit either generally or in the particular case to impose, but in every such case the additional conditions shall be set out in the certificate. (6) Without limiting the generality of the provisions (a) of paragraph of this subsection and of subsection one of section twenty-three of this Act, the conditions which may be prescribed, or if not prescribed, which may be imposed, by a Board under this section or under section twenty-three of this Act for any certificates of registration may include all or any of the following conditions :— (i.) That the holder thereof shall only be authorised thereby to supply or sell milk or cream in, or as the case may be, for use or treatment in the Milk District in question of the classes and grades specified in such certificate; (ii.) That the holder thereof shall only be authorised thereby to supply or sell milk or cream in, or as the case may be, for use or treatment in the Milk District in question from the premises specified in such certificate ; (iii.) That the holder thereof shall only be authorised thereby to supply or sell milk or cream in, or as the case may be, for use or treatment in the

MILK SUPPLY, 323 1952. P art IV.— Milk Supply Act. . S pecial P rovisions R elating to THE R egulation Milk District in question in accordance with and C ontrol the methods or circumstances specified in anodp MC rilekam S upplies such certificate or as otherwise so specified. and S uppliers . Division I .— Registration of Producers , 21. (1.) A wholesale vendor’s certificate of registration under this Division of this Part of this Act may authorise the holder thereof to treat in the MjlkFurther District in respect whereof that certificate is granted provisions milk, or cream, or, according as that certificate specifies, ™th respect milk and cream. certificates of (2.) The holder of a wholesale vendor’s certificate reg,stratI0n‘ of registration under this Division of this Part of this Act may supply or sell by retail any milk or cream which he is thereby authorised to supply or sell by wholesale provided that he does so in compliance in every respect with the conditions, if any, prescribed for retail vendor’s certificates of registration and the additional conditions, if any, set out in that certificate in relation to sales by retail by him in the Milk District in question of milk or cream. (3.) A Milk Board may, upon application by a holder of a producer’s certificate of registration under this Division of this Part of this Act, authorise him to supply or sell, for use or treatment in the Milk District of that Board, milk or cream not produced by that producer as well as milk or cream produced by him. Such authority shall be granted by endorsement upon the producer’s certificate of registration and may, as respects milk or cream not produced by that producer, be the authority expressed by the provisions of paragraph (ii.) of subsection one of section twenty of this Act to be granted by a wholesale vendor’s certificate of registration or the authority expressed by the provisions of paragraph (iii.) of the said subsection to be granted by a retail vendor’s certificate of registration. Authority granted by endorsement as aforesaid shall be had and exercised by the holder of the producer’s certificate of registration in question in compliance in every respect with the conditions, if any, prescribed for wholesale vendor’s certificates of registration or, according to the authority granted by the endorsement, retail vendor’s certificates of registration and the

324 MILK SUPPLY. P art IV.— S pecial P rovisions MilkSupplyAct. 1 E liz . II. No. 38, R elating to THE a R nedg C uloanttiroonl additional conditions, if any, set out in the producer’s anodf MC rilekam certificate of registration in relation to the authority S uappnldies granted by the certificate of endorsement. S uppliers . Division I .— Every producer shall pay for an endorsement as oRfePgriostdruactieorns, aforesaid the fee payable for a wholesale vendor’s VeWndhoorles, saalned certificate of registration or, according to the authority VRenedtaoirls. granted by the endorsement, for a retail vendor’s certificate of registration less the amount, if any, paid by him for his producer’s certificate of registration. An endorsement upon a producer’s certificate of registration pursuant to this subsection shall be regarded as forming part of that producer’s certificate of registration. Assignment 22. (1.) No certificate of registration under this or transfer j)ivjgjon Qf this Part of this Act shall he capable of being certificates assigned or transferred except with the prior approval registration °f the Milk Board which granted that certificate endorsed to be thereon, and any assignment or transfer otherwise than approved, such approval shall be absolutely void. Power of a (2.) The Milk Board, in relation to whose District MfikEoard an app]jcation for any certificate of registration or for registrations, the renewal or assignment or transfer of any certificate &C, of registration under this Division of this Part of this Act is made, may grant or refuse to grant such certificate or renewal or assignment or transfer of such certificate, as the case may he. Suspension 23. (1.) (a) A Milk Board may on the renewal, coarncellation assignment, or transfer of any certificate of registration of granted by it under this Division of this Part of this Act, certificates, or a^ any other time whenever during the currency of such a certificate, by notice in writing to the holder thereof, suspend for such period as it thinks fit or cancel that certificate, or vary the conditions specified therein to which that certificate is subject, or impose new conditions (not inconsistent with the conditions, if any, prescribed for certificates of that class) to which the certificate shall be subject, and, without limiting the generality of the foregoing, in particular, if the holder has failed to observe and comply with any condition to which the certificate is subject, may suspend the certificate for such period as it thinks fit, or cancel the certificate.

MILK SUPPLY. 325 P art IV.— 1952. MilkSupplyAct. S pecial P rovisions R elating TO THE R egulation (b) For the purposes of this Act, a notice given anodf CM oniltkrol under this subsection to the holder of a certificate of an S udp C prleieasm registration varying the conditions to which that S upapnldiers . certificate is subject or imposing new conditions to Division I .— which the certificate shall be subject shall be deemed to oRfePgrisotdrautcieorns , form part of that certificate. Wholesale Vendors , and Retail Vendors. or su( 2sp.) en (a d ) edIforancyancceerltleifdicaotre tohfe rreegnisetwraatl,ionasissigrnemfuesnetd, Appeals. or transfer of a certificate of registration is refused under this Division of this Part of this Act the applicant or, as the case may be, person previously registered thereby affected may, within the time prescribed and otherwise subject to this Act, appeal against the refusal or suspension or cancellation as the case may be, to the Minister. (6) The Minister may hear and determine the appeal, or he may determine the matter after referring it to any one or more persons for the purpose of his or their inquiring into and investigating such matter and furnishing to him a report thereon. After hearing the matter or upon receipt of the said report, the Minister may, in his absolute discretion, dismiss or allow the appeal or substitute therefor such other decision as he thinks just and proper fin the circumstances and such decision shall be final and given effect to by the Milk Board concerned. Without limiting the powers of the Minister under this subsection, the Minister may at any time refuse to determine an appeal or refuse to further proceed to the determination of an appeal under this section, if he is of or forms the opinion that such appeal is merely frivolous or vexatious. (c) Each and every appellant under this subsection shall, in the manner prescribed, give notice of his appeal to the person specified by the regulations to receive notices of appeal under this section, or if no such person is so specified, to the Minister, and shall deposit with the Minister, or some person authorised by the Minister, the sum of two pounds to meet the cost and expenses, if any, incurred by the Minister in hearing the appeal or causing the appeal to be inquired into and investigated.

326 MILK SUPPLY. P art IV.— S pecial P rovisions MilkSupplyAct. 1 E liz . II. No. 38, R elating TO THE R egulation and C ontrol The Minister may determine, in his discretion, that anodf MC rilekam the money deposited as aforesaid shall be applied to S uappnldies meet such cost and expenses in which event that deposit S uppliers . shall be so applied. Division I .— Registration of Producers , The Minister however may, in his discretion, VeWndhoorless , aalned authorise the refunding of the deposit or any part thereof. Retail Vendors. Meaning of term 24* (1.) In this Division of this Part of this Act “ treat ” in the term “ treat ” used in relation to milk or cream oDfivPiasirotnIVI.. means pasteurise or bottle, and derivatives of that term shall have a corresponding meaning. pmProaewtstceerrribstoefor time (2b. y) TOhrederGoinverCnoourncinil oCroutnhceil remgauylatfioronms ptriemsceribtoe torhefgepisrtordauticoenrs, meitahteterrsgeannedraltliylinogrs thoe mcoeentsidpearrsticnuelcaersscaarsyesoralldeosriraabnlye &c. to carry out the objects and purposes of this Division of this Part of this Act, including, but without limiting the generality of the foregoing provisions of this section, all or any of the following :— (i.) Providing for the appointment of a registrar (or, where there is more than one Milk District and if considered desirable, registrars) of holders of certificates of registration of • the different classes ; (ii.) Prescribing the forms of application for certificates of registration and for the renewal or assignment or transfer of certificates of registration of the different classes under this Division of this Part of this Act, the particulars and information to be supplied therein, and the places and times where and when such applications shall be made ; (iii.) Prescribing the fees, if any, which shall accompany applications for certificates of registration and for the renewal or assignment or transfer of certificates of registration of the different classes under this Division of this Part of this Act; (iv.) Prescribing the forms of certificates of registration of the different classes under this Division of this Part of this Act and the manner of renewing or assigning or transferring the same ;

MILK SUPPLY. 327 P am IV.— 1952. MilkSupplyAct. S pecial P rovision ® R elating TO THE (v.) Prescribing the period for which any a R nedg C uloanttiroonl certificate of registration, including the anodf MC rilekam renewal of that certificate of registration, S uappnldies shall be in force ; S uppliers . Division I .— (vi.) Prescribing, regulating, and controlling all oRfePgriostdruactieorns , or any matters and things as may be WVheonldeosrasl , e considered necessary or desirable in relation aVndenRdoertas.il to the surrender, transfer, renewal, cancellation, and endorsement of certificates of registration of the different classes under this Division of this Part of this Act, and the issuing of duplicate certificates and the effect of such duplicates, and providing for the inspection of all or any certificates and their production for that purpose as well as their delivery for the purpose of endorsement under this Act, or upon suspension or cancellation ; (vii.) Prescribing, regulating and controlling all or any matters and things as may be considered necessary or desirable in relation to the making, hearing, and determination of appeals under this Division of this Part of this Act and for the making of such determinations effective and otherwise to carry out the objects and purposes of this Division of this Part of this Act. (3.) The provisions of subsection one of section when one hundred and fifteen of *“ The Health Acts, 1937 to license not 1949,” shall not apply with respect to any person who required, is the holder of any certificate of registration granted under this Division of this Part of this Act while that certificate remains in force. Division II. — Carriers' Licenses. Division II .— Carrier89 iAcm**. 25. (1.) This Division II. of this Part of this Act Application shall be read subject to f“ The State Transport Facilities Division. Acts, 1946 to 1951,” and the regulations thereunder, and no provision of this Division of this Act, or license granted thereunder, or condition of such a license, shall authorise or be deemed to authorise a person to use or to permit or allow to be used on any road at any * 1 G. 6 No. 31 and amending Acts, fll G. 6 No. 17 and amending Acts.

328 MILK SUPPLY. P art IV.^- S pecial P rovisions MilkSupplyAct. 1 E liz . II. No. 38, B erating to the a B nedgu C loanttiroonl time a vehicle for the carriage of milk in contravention anodf CM rielakm of *“ The State Transport Facilities Acts, 1946 to 1951,” S uappnldies or the regulations thereunder. S uppliers . Division II .— Carriers’ (2.) The provisions of +“ The Dairy Produce Acts, Licenses. 1920 to 1952,” relating to milk routes and cream routes shall not apply with respect to milk or cream conveyed by road under the authority of, and in compliance in every respect with the conditions of, a carrier’s license granted under this Division II. of this Part of this Act. Carriage of certain milk or cream by road without carrier’s license an offence. 26. (1.) A person shall not— (i.) Pick up at any place on or adjacent to any road within a Milk District any milk or cream; or (ii.) Pick up at any place on or adjacent to any road without a Milk District any milk or cream consigned to, or for delivery to, any person or place within a Milk District; or (iii.) Convey by road within a Milk District any milk or cream ; or (iv.) Convey by any road without a Milk District any milk or cream consigned to, or for delivery to, any person or place within a Milk District, except under the authority of and in compliance in every respect with the conditions of a carrier’s license granted under this Division of this Part of this Act. (2.) The provisions of subsection one of this section shall not apply with respect to the picking up and conveyance of any milk or cream in accordance with all hygenic conditions, if any, prescribed for this purpose, solely in the course of the sale or distribution of that milk or cream by retail, or solely by the producer of that milk or cream. gcParorawrnieterrst’ o from2t7im. e( 1t. o) tAimceabrryietrh’ se lMiceilnkseBowahrdichformaayMbilek gDriastnrtiecdt licenses, &c. under and for the purposes of this Division of this Part of this Act shall authorise the holder thereof—: (i.) To pick up at any place on or adjacent to any road or, if the authority to pick up is * 11 G. 6 No. 17 and amending Acts, t 10 G. 5 No. 15 and amending Acts.

MILK SUPPLY. 329 1952. PART IV— Milk Supply Act. S pecial P rovisions R elating TO THE granted only in respect of a particular road a R nedgu C loanttiroonl or particular roads, the road or roads specified anodp MC rilekam therein— S upplies and S uppliers . (A) (If that place is within the Milk District Division II .— for which the Board granting the license LCiacrerniseerss. ’ is constituted) any milk or cream or any milk and cream, as the license specifies ; or (B) (If that place is without the Milk District for which the Board granting the license is constituted) any milk or cream or any milk and cream, as the license specifies, consigned to, or for delivery to, any person carrying on any business or to any place situated within the Milk District; and (ii.) To convey by any roads or, if the authority to convey is granted only in respect of a particular road or particular roads, the road or roads specified therein, for delivery or further consignment to the wholesale vendor or other person to whom or to the place where, the article picked up under this authority is consigned or to be delivered: Provided that any carrier’s license granted under this Division of this Part of this Act by a Milk Board may be granted subject to such other conditions whatsoever as the Milk Board thinks fit to impose, and without limiting the generality thereof, may include all or any of the following conditions :— (i.) That the holder thereof shall only be authorised thereby to pick up milk or cream or milk and cream, as the case may be, from the persons or at the places specified in such license ; (ii.) That the holder thereof shall only be authorised thereby to convey milk or cream or milk and cream, as the case may be, for delivery to or further consignment to the wholesale vendor or wholesale vendors or other person or persons specified therein and, as regards further consignment, may be limited to the conveyance to a loading place stated in the license upon a State railway or upon a tramway stated therein or some other place of further consignment:

330 MILK SUPPLY. P art IV.— S pecial P rovisions MilkSupplyAct. 1 E liz . II. No. 38, R elating TO THE REGULATION and C ontrol Provided further that all conditions subject to anodf MC rilekam which any carrier’s license is granted shall be set out S uappnldies in that license. S uppliers . Division II ,— (2.) Every carrier’s license shall be deemed to be xSsel granted subject to all conditions set out in that license. MmtBoard 28. (1.) The Milk Board, in relation to whose as to grant District an application for a carrier’s license or for the of carriers’ renewal or assignment or transfer of a carrier’s license ’ ' under this Division of this Part of this Act is made, may grant or refuse to grant such license or renewal or assignment or transfer of such license, as the case may be. ^transfer*1 (2.) No carrier’s license under this Division of this of carrier’s Part of this Act shall be capable of being assigned or beTpproved tran8ferre(I except with the prior approval of the Milk &c. ’ Board which granted that license endorsed thereon, and any assignment or transfer otherwise than with such approval shall be absolutely void. wholesale^ 29. Any wholesale vendor or other person vendors, &c. whomsoever shall not accept delivery, whether on his own account or on account of any other person, of any milk or cream which is picked up or conveyed contrary to any provision of this Division of this Part of this Act by any person (whether or not the holder of a carrier’s license under this section). APPlio|'tion 30. With respect to carriers’ li censes granted by ° s' ' it under this Division of this Part of this Act the Milk Board (or with respect to carriers’ licenses originated under *“ The Milk Supply Act of 1938” and which by this Act are deemed to have originated under this Division of this Part of this Act, the Brisbane Milk Board) may exercise, do, and take all such powers, things, and steps as are authorised by this Act to be exercised, done, or taken under subsection one of section twenty-three of this Act (on the fixing of a date under section eighteen of this Act) with respect to certificates of registration granted by it under Division I. of this Part of this Act, and any applicant or licensee affected by the refusal of his application or the suspension or cancellation of his carrier’s license may, within the time prescribed and otherwise subject to this Act, appeal against that refusal or suspension or cancellation, as the case may be. * 2 G. 6 No. 27.

MILK SUPPLY. 331 P art IV.— 1952. MilkSupplyAct. S pecial P rovisions R elating to THE For the purposes of this section, all the provisions a R nedg C uloanttiroonl of section twenty-three of this Act shall extend and apply anodf MC rilekam and any reference therein to “ certificate of registration ” S uappnldies shall be deemed to he a reference to “ carrier’s license ” S uppliers . and any reference therein to “ certificate ” shall be deemed DivCisairornieIrsI’ .— to be a reference to “ license ”, and those subsections Licenses. shall be read subject to all such other adaptations thereof as are necessary for the purposes of their application as hereinbefore in this section provided. 31. The Governor in Council may from time to p^^ibe time by Order in Council or the regulations prescribe matters with either generally or to meet particular cases all or any matters and things he considers necessary or desirable licenses, to carry out the objects and purposes of this Division of this Part of this Act, including, but without limiting the generality of the foregoing provisions of the subsection, all or any of the matters and things with respect to carriers’ licenses which may, with respect to certificates of registration, be prescribed pursuant to subsection two of section twenty-four of this Act. Division III .— Securities by Division III.—Securities by Wholesale Vendors. vendors. . 32. (1.) The provisions of this section shall apply with respect to all wholesale vendors acting as or carrying ° se° lon‘ on business as such within a Milk District as well as to all wholesale vendors acting as or carrying on business as such without a Milk District and supplying or selling any milk or cream or milk and cream for use within a Milk District, and shall commence to so apply— (i.) In relation to the Brisbane Milk District, on and from the expiration of one month commencing on the date of the coming into operation of this Act; and (ii.) In relation to any other Milk District, on and from the expiration of one month commencing on the date of the first appointment of the members of the Milk Board for that Milk District. (2.) A person shall not at any time act as or carry wholesale on business as a wholesale vendor with respect to whom deposit8 ° this section applies unless— security. (i.) A fidelity bond in accordance with this section in the prescribed amount has been obtained by him from the Insurance Commissioner

332 P art IV.— S pecial P rovisions R elating to THE R egulation and C ontrol of M ilk and C ream S upplies and S uppliers . Division III .— Securities by Wholesale Vendors. MILK SUPPLY. MilkSupplyAct. 1 E liz . II. No. 38, appointed under *“The Workers’ Compensation Acts, 1916 to 1952,” or some insurer within the meaning of f“ The Insurance Acts, 1916 to 1940,” and lodged with the Milk Board for that Milk District and that fidelity bond is then in force ; or (ii.) In lieu of such fidelity bond, he has deposited with the Minister the prescribed sum of money and that sum then remains so deposited; or (iii.) He is then exempted by the Minister from obtaining and lodging the fidelity bond or making the deposit as aforesaid. Bonds7 on s" (3.) (a) The obligee of every fidelity bond for the purposes of this section shall be Her Majesty the Queen. (b) The condition of every such bond shall be that if the wholesale vendor while acting as or carrying on business as such shall not fail in the opinion of the Minister to duly pay all moneys payable by him to producers and to other wholesale vendors, whether within or without a Milk District, for milk and cream supplied, then the obligation of the obligor shall be void and of none effect; otherwise it shall remain in full force and virtue. Cash deposit. (4.) The prescribed sum of money deposited by a wholesale vendor with the Minister, in lieu of a fidelity bond, for the purposes of this section shall be deposited with and held by the Minister as a security that the wholesale vendor while acting as or carrying on business as such shall not fail in the opinion of the Minister to duly pay all moneys payable by him to producers and to other wholesale vendors, whether within or without a Milk District, for milk and cream supplied. The Minister shall pay to every depositor under this section during such time as the Minister retains such deposit as security, interest at the rate payable for the time being to depositors in the Commonwealth Savings Bank. * 6 G. 5 No. 35 and amending Acts, t 7 G. 5 No 27 and amending Acts.

MILK SUPPLY. 333 P art IV — 1952. MilkSupplyAct. S pecial P rovisions R elating TO THE (5.) A fidelity bond or deposit of money as provided a R nedg C uloanttiroonl by this section shall be of such amount as may be an O d F MC rtet . tacm prescribed from time to time, and different amounts S uappnldies may be prescribed with respect to different wholesale Di S vi u s p io p n lie I r II s . .— vendors according to the volume of their respective Securities by Wholesale businesses. Vendors. Amount of security. (6.) The Minister shall have full power and authority Forfeiture, to forfeit to Her Majesty the Queen any fidelity bond lodged or sum of money deposited pursuant to this section by a wholesale vendor who in the opinion of the Minister has failed to duly pay all moneys payable by him to producers and to other wholesale vendors, whether within or without a Milk District, for milk and cream supplied. Where upon any such forfeiture part only of the said moneys paid to Her Majesty is found sufficient to make full payment to producers and other wholesale vendors as aforesaid, then the balance remaining of such moneys shall, without further or other authority, be refunded to the person who paid such moneys on the forfeiture of the fidelity bond or, as the case may be, who deposited the forfeited cash deposit. (7.) Moneys paid to Her Majesty upon the forfeiture Payment of any fidelity bond lodged or sum of money depositedon forfeiture* pursuant to this section by a wholesale vendor, or such part thereof as is necessary for the purpose, shall be applied by the Milk Board directed by the Minister so to do, in making payment in accordance with this Act to producers and other wholesale vendors who have suffered loss by reason of the failure by the wholesale vendor first mentioned to duly pay them for milk and cream supplied. (8.) If the Minister is satisfied that the due payment Power of the of all moneys payable by a wholesale vendor to producers to and to other wholesale vendors, whether within or without a Milk District, for milk and cream supplied, is guaranteed by a Bank, or if a wholesale vendor is an association within the meaning of *“ The Primary Producers’ Co-operative Associations Acts, 1923 to 1934,” or a society within the meaning of f“ The Co-operative * 14 G. 5 No. 45 and amending Acts, t 10 G. 6 No. 50 and amending Acts.

334 MILK SUPPLY. P art IV.— S pecial P rovisions MilkSupplyAct. 1 E liz . II. No. 38, R elating TO THE a R n E d GU C L o A n T t I r O o N l Societies Acts, 1946 to 1951,” he may at his absolute anodf CM rielakm discretion exempt such wholesale vendor from obtaining S uappnldies and lodging a fidelity bond or making a deposit of moneys S uppliers . under this section. Division in­ securities by An exemption granted by the Minister under this Wholesale Vendors. subsection may be cancelled by him at any time at his absolute discretion. Division IV .— Quotas. Division IV. — Quotas. Quotas. 33. (1.) The chairman of the Milk Board for a Milk District may from time to time determine the minimum or maximum or the minimum and the maximum quantity of milk or cream which any producer or wholesale vendor (whether acting as or carrying on business as such within or without that Milk District) may supply or sell for use within that District, and any such determination may or may not correspond with any other determination made under this section. Such quantity may be so fixed upon a daily, weekly, or such other basis of supply, whether of a like nature or not, as the chairman directs. In determining such minimum or maximum quantity or minimum and maximum quantities with respect to any producer or wholesale vendor regard shall be had, unless otherwise prescribed, to the actual quantity of milk or cream supplied by him for use within the District during such period preceding the date when such quantity or quantities are so determined as is from time to time fixed by the Milk Board for this purpose. The period referred to in the next preceding paragraph may be fixed differently by the Board in respect of different producers according as the Board deems just having regard to the seasonal conditions experienced by the localities respectively in which the producers carry on business as such. A determination made by the chairman of a Board under this subsection shall continue in force until cancelled by order of the chairman or until varied, whether by increase or decrease, by a subsequent determination made by the chairman : Provided that the Board may direct the chairman to vary or cancel any such determination, and thereupon the chairman shall vary such determination to the extent as so directed, or, if directed to cancel such determination, by his order cancel it accordingly.

MILK SUPPLY. 335 PART IV.— 1952. MilkSupplyAct. S pecial P rovisions R elating to THE (2.) For the purposes of this section and in addition a R nedgu C loanttiroonl to any other powers had by him under this Act the anodf MC rilekam chairman of the Milk Board for a Milk District shall have S uappnldies power to require every wholesale vendor (whether acting S uppliers . as or carrying on business as such within or without DiviQsiuoontaIsV. .— that District) supplying or selling milk or cream for use within that District to furnish to him at any time and from time to time a return of all producers and of all other wholesale vendors who are supplying or selling to (or who during any specified period have supplied or sold to) such wholesale vendor milk or cream and to specify in such return the quantity of milk or cream or of milk and cream being supplied or sold (or, as the case may be, during the specified period has been supplied or sold) by each such producer or other wholesale vendor and, if the chairman so requires, the quantity of milk or cream or of milk and cream being supplied or sold (or during any specified period has been supplied or sold) by such wholesale vendor for use within that District and the quantity of milk or cream or of milk and cream being supplied or sold (or during any specified period has been supplied or sold) by such wholesale vendor for use without that District, and any other prescribed particulars. (3.) The chairman of the Milk Board for a Milk District may at any time and from time to time serve upon any wholesale vendor a fist of producers or, if considered by the chairman to be necessary, a fist of other wholesale vendors, or both such fists, showing the minimum or maximum quantity or the minimum and maximum quantities of milk or cream or of milk and cream fixed by the chairman which, in the case of a fist of producers, each such producer and, in the case of a fist of wholesale vendors, each such other wholesale vendor may supply or sell for use within the District. Any fist of producers, or as the case may be, wholesale vendors served under this subsection upon any wholesale vendor shall be deemed to be the fist referred to in subsection four of this section and shall for the purposes of that subsection remain in force until cancelled by writing under the hand of the chairman or by a subsequent fist of producers, or as the case may be, wholesale vendors served upon that wholesale vendor by the chairman of that milk Board.

336 MILK SUPPLY. P art IV.— S pecial P rovisions MilkSupplyAct. 1 E liz . II. No. 38, R elating to THE R egulation and C ontrol of M ilk (4.) A wholesale vendor served with a list shall not, an S udp C plrieeasm while that list remains in force, accept for use, whether S upapnldiers . by himself or by any other person whomsoever, within Division IV .— the Milk District with respect to which the list is issued Quotas. from a producer or, as the case may be, other wholesale vendor included in such list a lesser quantity of milk or cream than the minimum quantity, or a greater quantity of milk or cream than the maximum quantity of milk or, as the case may be, cream which according to the determination of the chairman as shown therein may be supplied or sold by that producer or other wholesale vendor, as the case may be, for that purpose and neither shall he accept for use, whether by himself or by any other person whomsoever, within the Milk District with respect to which the list is issued milk or cream supplied by a producer or, as the case may be, other wholesale vendor who is not included in such list unless with the consent of the chairman of the Milk Board for that District first had and obtained. (5.) Any producer or wholesale vendor who supplies or sells for use within a Milk District a lesser quantity of milk or cream than the minimum quantity, or a greater quantity of milk or cream than the maximum quantity of milk or, as the case may be, cream which according to a determination then in force of the chairman of the Milk Board for that District in his case shall be guilty of an offence against this Act. Division V .— Prohibition of Monopolies Resatrnidctive Division V.—Prohibition of Monopolies and Restrictive Practices with respect Practices with respect to the Sale and Delivery of Milk to the Sale and and Cream. - Delivery of Milk and Cream. 34. Any person who otherwise than pursuant to Illegal any Act— monopolies with respect to sale or distribution of milk, &c. (i.) Monopolises or restricts or attempts to monopolise or restrict, or combines or conspires with any other person to monopolise or restrict, wholly or partially, the demand for or the sale or distribution of milk or cream in any Milk District or in any other part of Queensland or in any part of any Milk District or of any area of such other part; or

1952. " MILK SUPPLY. ' —— MilkSupplyAct. . 355 P art VII.— Division I. of Part IV. of this Act shall not divert the cream obtainable from his milk supply or any portion thereof to another wholesale vendor whether or not holding such a certificate of registration unless he shall have first given to the wholesale vendor to whom he was supplying milk, where the supplier is a producer at least fourteen days’ notice, and where the supplier is a wholesale vendor at least twenty-eight 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 or wholesale vendor 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. 52. (1.) Notwithstanding any enactment, law, contract, or arrangement to the contrary, every wholesale for milk vendor or retail vendor who under a contract is supplied during any calendar month by a producer with milk orsuppie cream, shall, before the expiration of fifteen days after the close of that month, pay according to law for all milk and cream supplied to him by the producer during that calendar month. (2.) (a) Before the expiration of twenty-one days after the close of each and every calendar month every wholesale vendor acting as or carrying on business as such within a Milk District and every wholesale vendor acting as or carrying on business as such without a Milk District and supplying or selling any milk or cream or milk and cream for use within a Milk District shall furnish to the Milk Board for that Milk District a certificate, given by a person registered as a public accountant under *“ The Public Accountants Registration Acts, 1946 to 1949,” certifying that, to the best of his knowledge and belief and according to the books, accounts, and statements produced and information 11 G. 6 No. 4 and amending Acts.

356 PART VII.— M iscel ­ laneous . MILK SUPPLY. MilkSupplyAct. 1 E liz . II. No. 38, Price of milk and cream. supplied to him by that wholesale vendor, the wholesale vendor has complied with the provisions of subsection one of this section in respect of that calendar month. (6) The provisions of this subsection shall not prejudice or otherwise affect the provisions of subsection one of this section. (3.) (a) The provisions of this subsection shall apply with respect to wholesale vendors and retail vendors acting as or carrying on business as such within a Milk District. (6) Every wholesale vendor or retail vendor with respect to whom this subsection applies shall pay for all milk and cream supplied to him by any producer or wholesale vendor an amount calculated according to the maximum price, if any, fixed and declared therefor under *“ The Profiteering Prevention Act of 1948 ” by the Commissioner of Prices. Offence to falsely represent grade of milk or cream. 53. (1.) Any person who falsely represents that any milk or cream supplied by him is of a particular class or grade fixed by a Milk Board shall be guilty of an offence against this Act. (2.) For the purposes of subsection one of this section but without limiting the meaning of the word “ represents ” in that subsection, a person shall be deemed to represent that any milk or cream is of a particular class or, as the case may be, grade fixed by a Milk Board if— (i.) He makes any verbal or written representation calculated or likely to lead to the belief that the milk or cream concerned is of such particular class or grade ; or (ii.) 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 cream supplied by him is of such particular class or grade. * 12 G. 6 No. 34.

1952. MILK SUPPLY. -------------------------------------------------------------- MilkSupplyAct. 357 ' P art VII.— “s. 54-. (1.) Any person who, being a member of aUn,awfuI Milk Board or holder of any office or employment undermemb^af3 this Act, without lawful authority demands or receives Milk Board- 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 guilty of an offence against this Act. (2.) Any person who without lawful authority offers, makes, or gives to any member of a Milk 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 guilty of an offence against this Act. 55. (1.) Without limiting or otherwise affecting any Certificates other provisions of this Act, a Milk Board may refuse and lloenses' to grant or to renew, assign, or transfer any certificate of registration or license under this Act, or may suspend for such period as it thinks fit or cancel any certificate of registration or license granted by it under this Act if the applicant, or the proposed assignee or transferee, or the holder of the certificate or license— (i.) Is, in the opinion of the Board, guilty of an offence against this Act or has been convicted of an offence in relation to the supply, keeping, sale, or distribution of milk or cream, against *“ The Health Acts, 1937 to 1949,” or any other Act, including any regulations thereunder ; or (ii.) Is, in the opinion of the Board, not a fit and proper person to hold such certificate or license; or (iii.) In an appropriate case, has been refused a license under *“ The Health Acts, 1937 to 1949,” including any regulations thereunder to sell milk ; or (iv.) Has, in the opinion of the Board, unsuitable premises, vehicle, plant, or equipment for the purposes of that certificate or license ; or * 1 G. 6 No. 31 and amending Acts.

358 ! P art VII.— M iscel - ) LANEOUS. MILK SUPPLY. MilkSupplyAct. 1 E liz . II. No. 38, (v.) Being the holder of a certificate of registration, supplies or sells, in the opinion of the Board, milk or cream of a class or grade other than that which he is authorised by that certificate ' to supply or, as the case may he, sell, or if, in the opinion of the Board, the business carried, on or proposed to be carried on by the applicant, or the proposed assignee or transferee, or the holder of the certificate or license is an unnecessary agency. Cancellation. (2.) Upon the cancellation of any certificate of registration or license under this Act, that certificate or, as the case may be, license shall be deemed to be no longer in force as if the period for which it was granted had then expired. Effect of suspension. (3.) Suspension under this Act of any certificate of registration or license— (i.) Shall, whilst such certificate or license is so suspended, have the same effect as the cancellation thereof; and (ii.) Shall not, upon the termination of that suspension, extend the period during which that certificate or, as the case may be, license remains then in force, if remaining in force thereafter, beyond the period during which it would have remained in force if it had not been suspended. Conditions. (4.) The holder of any certificate, license, or other authority granted under this Act who fails to comply with any provision, condition, or restriction subject to which that certificate, license, or, as the case may be, other authority is granted shall be guilty of an offence against this Act. Return of (5.) When under this Act a certificate of registration, sliucsepnesnesd,e&d co. r, license, or other authority is suspended or cancelled, cancelled. then the person to whom that certificate, license, or other authority was granted shall, if requested by the Board which granted the same or by any officer of that Board, deliver forthwith to that Board or, as the case may be, officer, that suspended, or cancelled certificate, license, or other authority. If default in delivering any such certificate, license, or other authority is continued by any person who has been convicted of the offence of failing to deliver that

1952. MILK SUPPLY. MiIk Supply Act. 359 P art VII.— M isokl - LANBOCS. certificate, license, or < other authority, then that person shall be deemed to comimit a continuing offence and shall be liable to a penalty of not more than five pounds for each and every day* during which that offence is continued: Provided that the continuing offence in respect of such non-delivery shall not be deemed to commence until the expiration of fourteen days from the date of conviction as aforementioned. 56. A person shall not supply or sell for human standard- consumption milk which is stahdardized unless thelzedmllk• supply or sale of that standardized milk is permitted by the Governor in Council. The provisions of this section shall be in force throughout Queensland and to the extent necessary to give effect to the provisions of this section every other provision of this Act shall be read subject to this section. 57. (1.) («) Any person who contravenes or fails to offences, comply with any provision of this Act shall be guilty of an offence against this Act. (b) Every person who aids, abets, counsels, or procures, or is in any way knowingly concerned in the commission of an offence against this Act shall be deemed to have committed that offence and shall be punishable accordingly. (2.) Where by this Act any authority is given to any person to direct anything to be done or to forbid anything to be done and anything so directed to be done is not done or anything so forbidden to be done is done, every person who offends against any such direction or prohibition shall be guilty of an offence against this Act. (3.) Any person guilty of an offence against any General provision of this Act shall be liable, if no specific penalty penalty‘ is provided for that offence, to a penalty not exceeding one hundred pounds. (4.) All offences against this Act may be prosecuted Summary in a summary way under *“ The Justices Acts, 1886 to prooee mgs‘ 1949.” (5.) A prosecution for an offence against this Act Time for may be instituted at any time within twelve months ^Xof°e after the commission of the offence or within twelve prosecutions. * 50 V. No. 17 and aniending Acts.

36.0 P art VII.— M iscel ­ laneous . MILK SUPPLY. MilkSupplyAct. 1 E liz . II. No. 38, months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period. Body corporate. (6.) When a body corporate commits an offence against this Act the managing director, manager, or other governing officer, by whatever name called, of such body corporate shall also be deemed to commit such offence, and proceedings may be taken either against the body corporate or against that managing director, manager, or other governing officer, and if proceedings are taken, against the managing director, manager, or other governing officer, he shall upon conviction for that offence, be liable to the penalty prescribed for the offence. 58. (1.) In any proceedings under or for a purpose of this Act— (i.) It shall not be necessary to prove the appointment or signature of the chairman, any other member, secretary, or any other officer of a Milk Board, or the authority of any such person to do any act; (ii.) A document purporting to be a copy of or an extract from any consent, determination, requirement, direction, prohibition, order, register, book, certificate, license, notice, list, declaration, statement, document, or writing of any nature whatsoever, in the custody of or given, made, issued, or granted under this Act by a Milk Board or any member thereof or of or by any officer of a Board and endorsed with a certificate purporting to be under the hand of the chairman or secretary of the Board that such document is a true and correct copy of or extract from, as the case may be, that consent, determination, requirement, direction, prohibition, order, register, book, certificate, license, notice, list, declaration, statement, document, or writing, as the case may be, shall upon its production in evidence be evidence of the matters contained and certified to therein and in the absence of evidence in rebuttal, shall be conclusive evidence of such matters ;

MILK SUPPLY. 1952. MilkSupplyAct. 361 P art VII.— M iscel ­ laneous . (iii.) A certificate purporting to be under the hand of the chairman or secretary of the Milk Board for a Milk District that any person named therein is or is not the holder of any specified certificate of registration or license (or at a time specified was or, as the case may be, was not the holder of any specified certificate of registration or license) in relation to that Milk District under any provision of this Act, shall, upon its production in evidence, be evidence of the fact certified, and in the absence of evidence in rebuttal, shall be conclusive evidence of that fact; (iv.) The allegation in any complaint that any milk or cream was supplied for use or intended for use for any purpose specified in the complaint, or was supplied for use or intended for use in any District, part of a District, or other area specified in the complaint, shall be primd facie evidence of the matter so alleged; (v.) Every entry in any minute book of a Milk Board purporting to be an entry relating to the proceedings of the Board, and to be signed by the chairman of the Board, and every certified copy of or extract from any such entry signed by the chairman, shall upon its production in evidence, be evidence of the proceedings appearing by such entry (without proof of any meeting to which the same may refer or by which the same were made having been duly convened or held or that such proceedings were carried out or made in accordance with the prescribed provisions in that behalf), and that the signature thereon is the signature of the chairman, and in the absence of evidence in rebuttal, shall be conclusive evidence of such proceedings and signature. (2.) Judicial notice shall be taken of every consent, determination, notification, requirement, direction, prohibition, or order or other act of authority under this Act published in the Gazette.

362 MILK SUPPLY. P ast VII.—--------------------------------------------------------------------------------------------------------------------------------- ££££. MilkSupplyAct. 1 E liz . II. No. 38, information. 59. (1.) Any information, complaint, or other legal proceeding under this Act laid, made, or taken by a Milk Board may be laid, made, or as the case may be, taken in the name of that Board by the secretary or by any other officer authorised by that Board in that behalf either generally or in the particular case. (2.) In any proceedings the production of a notification in writing under the hand of the chairman of 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. Protection ofCrown, 60. No action, claim, or demand whatsoever shall ne> or mac[e or allowed by or in favour of any person whomsoever against Her Majesty, or the Minister, the Under Secretary of the Department of Agriculture and Stock of the Government of this State, any person acting with the authority of the Minister or that Under Secretary, or (save as in this Act provided) a Board or any person acting or purporting to act in the execution of the provisions of this Act for or in respect of any damage or loss or injury sustained or alleged to be sustained by reason of the passing or commencement of this Act (or the making of any Proclamation, Order in Council, or regulation hereunder) or of its operation, or of anything done or purporting to be done in good faith under this Act (including under any such Proclamation, Order in Council, or Regulation). Minister may 61. The Minister at any time and from time to reports, &c. time may call upon a Milk Board by notice in writing ’ under his hand or under the hand of the Under Secretary of the Department of Agriculture and Stock of the Government of this State, addressed to the chairman or secretary of the Board, for the furnishing of a report generally on or to supply any information therein required in relation to the finances of the Board, or any matter or thing in relation to revenue or expenditure, or any matter or thing concerning the administration (including any determination) or any practice of the Board. The chairman or secretary, according to whom the notice is addressed, shall furnish or supply to the Minister or,

1952. MILK SUPPLY. Milk, Supply Act. 363 P art VII.— M iscel ­ laneous . as the case may be, to the Under Secretary as aforesaid a full, true, and complete report or information desired by him. The provisions of this section shall take effect whether any examination or audit of the books and accounts of the Board has been made or not. 62. (1.) Any requirement, direction, prohibition, Orders, determination, order, or notice made, given, or issued & dicr.ections, by a Board or by the chairman of a Board under this Act may— (i.) Be made, given, or issued so as to apply to— (A) Any one or more persons specified therein, or to all or any persons included in any class of persons so specified, or, in appropriate cases, to persons generally ; or (B) Any milk or cream specified therein, or all or any milk or cream included in any class, grade, or description of milk or, as the case may be, cream, so specified, or to milk or cream generally ; or (C) Any premises or vehicles specified therein, or to all or any premises or vehicles included in any class of premises or vehicles so specified, or to premises or vehicles generally ; or (ii.) Be made, given, or issued so as to apply generally, or to or in any areas, whether within or without the Milk District, specified therein ; or (iii.) Make different provisions with respect to different qualities, classes, grades, or descriptions of milk or cream or in respect of different purposes for which any milk or cream is intended for use ; or (iv.) Exempt— (A) Any persons, or all or any persons included in any class of persons ; or (B) Any milk or cream, or all or any milk or cream included in any class, grade, or description of milk or cream ; or

364 P art VII.— MILK SUPPLY. MilkSupplyAct. 1 Buz. II. No. 38, (C) Any premises or vehicle, or all or any premises or vehicles included in any class of premises or vehicles ; or (D) Any areas (whether within or without the Milk District), from the operation of all or any of the provisions thereof; or (v.) Contain such incidental or supplementary provisions as are considered necessary or desirable for the purposes thereof, or do any of these things. (2.) Unless otherwise prescribed, any requirement, direction, prohibition, determination, order, or notice made, given, or issued by a Board or by the chairman of a Board under this Act may be published in the Gazette or advertised in a newspaper, or may be made or given in writing to any person concerned. (3.) Any requirement, direction, prohibition, determination, order, or notice made, given, or issued by a Board or by the chairman of a Board under this Act shall be sufficiently authenticated if signed on behalf of the Board by the chairman, or by the secretary thereof, (or if made, given, or issued by the chairman, by the chairman or secretary on behalf of the chairman). Service of notice, &c. (4.) Any requirement, direction, prohibition, determination, order, notice, or other document under this Act required or authorised to be made, given, issued, or served to or upon any person by a Milk Board or by the chairman of a Milk Board or by any officer on behalf of a Milk Board may be made, given, issued, or served— (i.) By delivering the same to such person personally ; or (ii.) By leaving the same at or by forwarding the same by post in a prepaid letter addressed to such person at his usual or lastknown place of abode or address or, in the case of a requirement, direction, prohibition, determination, order, notice, or other document given, made, or served on a person who is registered or licensed under and for the purposes of any provisions of this Act, by leaving the same at or by forwarding

MILK SUPPLY. 1952. . MilkSupplyAct. 365 P art VII.— M iscel ­ laneous . the same by post in a prepaid letter addressed to such person at his place of business in Queensland as so registered or licensed. In the case of a requirement, direction, prohibition, determination, order, notice, or other document made, given, issued, or served by forwarding the same by post in a prepaid letter under paragraph (ii.) of this subsection, such requirement, direction, prohibition, determination, order, notice, or other document shall unless the contrary is proved be deemed to have been made, given, issued, or served at the time at which the letter would be delivered in the ordinary course of post. 63. (1.) The Governor in Council may at any time Power of and from time to time by Order in Council or by the GoVem0r regulations declare that all or any of the provisions of “ this Act with respect to milk or cream or milk and from Act, cream shall not apply (either generally or in relation to &c- any Milk District specified) with respect to any milk or cream* or milk and cream specified, either generally or when supplied or sold by any specified class of producers, wholesale vendors, retail vendors, or other persons, or in any specified circumstances or quantities or for use for any specified purposes or for use within any District or other area, or part of any District or other area, specified, and, notwithstanding anything to the contrary contained in this Act, effect shall be given to every such declaration while that declaration remains in force accordingly. (2.) Without limiting or otherwise affecting the provisions of subsection one of this section, the Governor in Council may at any time and from time to time by Order in Council or by the regulations declare that any of the provisions of this Act with respect to producers, wholesale vendors, retail vendors, or carriers shall apply (in relation to any Milk District specified) only to a specified class or classes of producers, wholesale vendors, retail vendors or, as the case may be, carriers, and while any such declaration remains in force, such provisions shall, notwithstanding anything to the contrary contained in this Act, apply only with respect to producers, wholesale vendors, retail vendors or, as the case may be, carriers of the class or classes specified by that declaration.

366 MILK SUPPLY. P art VII.— --------------------------------------------------------------------------------------------------------------------------------- Sous. MilkSupplyAct. 1 E lk . II. No. 38, (3.) For the purposes of all or any of the provisions of this Act the Governor in Council may from time to time by Order in Council or the regulations— (i.) Prescribe all such definitions as he deems necessary or desirable of terms used in such provisions including the definition of the terms producer, retail vendor, and wholesale vendor ; (ii.) Prescribe and define any classes of producers, wholesale vendors, retail vendors, carriers, other persons, premises, vehicles, milk, or cream, according to place, circumstances, purposes, or otherwise howsoever. Regulations. 64. (1.) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, as may be necessary or convenient for the administration of this Act, or that may be necessary or expedient to carry out the objects and purposes of this Act, and without limiting the generality of the foregoing provisions of this subsection providing for all or any of the following purposes, matters, and things— (i.) Prescribing all matters or things which by this Act are required or permitted to be prescribed; (ii.) Prescribing all or any matters and things considered necessary or desirable for and in relation to the fixing under the authority of this Act by a Milk Board of the classes, . grades, and description of milk and cream ; (iii.) Requiring any prescribed milk or cream (including any milk or cream of any prescribed class or grade or for any prescribed purposes) to be sold in prescribed containers labelled or sealed or labelled and sealed as prescribed ; (iv.) Requiring and prescribing books and records to be kept and returns to be made by producers, wholesale vendors, retail vendors, and carriers of milk or cream, or any of these, and prescribing the manner of keeping all or any prescribed books or records or of making all or any such returns (including, in such lastmentioned case, when and where or to whom such returns are to be made) and requiring that the books and records

1952. MILK SUPPLY. MilkSupplyAct. 367 PART VII.— M iscel ­ laneous . and returns prescribed shall be properly kept or, as the case may be, made, and empowering prescribed persons to inspect, examine, and audit and take copies of and extracts from all or any books, accounts, documents, and records, whether prescribed or not, in the possession of any other person on behalf of or kept by any producer, wholesale vendor, retail vendor, or carrier of milk or cream ; (v.) Prescribing methods to be followed in the collection, treatment, carriage, deposit, storage, delivery, supply, sale, and distribution of milk and cream ; (vi.) Prescribing the maximum temperatures at which milk or cream is to be kept at any and every stage from its production to its delivery to a purchaser for use ; (vii.) Prescribing methods of dealing with milk or cream which does not comply with this Act; (viii.) Providing for the inspection of premises, vehicles, plant, equipment, milk, and cream, and providing for the appointment of officers for that purpose, and prescribing the powers of such officers in this regard, including their power to order the cleansing and disinfection of any places or things as aforesaid ; (ix.) Prescribing in any cases the methods of giving, serving, making known, or publishing requirements, directions, determinations, orders, notices, or other acts of authority, whether by a Board, the chairman or any other member or the secretary or any other officer of a Board, or any other person as prescribed ; (x.) Prescribing all or any matters and things considered necessary or desirable in relation to any premises, persons, or matters in any case where by this Act a Board, the chairman or any other member or the secretary or any other officer of a Board, or any other person is authorised or permitted to require, prohibit, regulate, control, determine, appoint, inspect, examine, register, prohibit, or specify;

368 P art VII.— M iscel ­ laneous . MILK SUPPLY. MilkSupplyAct. 1 E liz . II. No. 38, (xi.) Prescribing all or any matters and things with respect to the examination and analysis of any milk or cream under or for the purposes of this Act, including the taking of samples of milk or cream for examination, analyses, or other purposes under or for the purposes of this Act and the procedure to be adopted in relation thereto; (xii.) Prescribing, regulating, and controlling the functions, powers, authorities, and duties of a Board, the chairman or any other member or the secretary or any other officer or any employee of a Board, or any other person; prescribing offences and penalties with respect to the obstruction of any such person in the course of his duty and with respect to a failure to comply with any requirement, direction, prohibition, determination, or order pursuant to this Act of a Board or any such person ; regulating and controlling the meetings of a Board (including the time and place of meetings thereof and the business and proceedings thereat) ; (xiii.) Prescribing fees payable under this Act and the matters in respect of which such fees shall be paid and prescribing the persons by whom and the places and times when and where such fees shall be paid ; (xiv.) The application of moneys paid to Her Majesty upon forfeiture of fidelity bonds lodged or sums of money deposited pursuant to this Act; (xv.) Prohibiting the use by any wholesale vendor or retail vendor in connection with his business as such of any advertisement, description, sign, notice, device, or representation in the nature of an advertisement, which does not correctly describe or represent the milk and cream sold, including the class and grade thereof fixed under this Act by a Milk Board, or the services offered by such vendor ; (xvi.) Prescribing all or any matters and things considered necessary or desirable for the permitting by the Governor in Council of

MILK SUPPLY. 1952. MilkSupplyAct. 369 P art VII.— M iscel ­ laneous . the supply or sale for human consumption of milk which is standardized, including, but withoilt limiting the generality thereof, the delegating to Milk Boards and any specified persons or any of them, if considered necessary or desirable, of that power with respect to any milk specified or classes of milk sellers specified ; (xvii.) Generally for carrying this Act into effect. (2.) The power to make with respect to any milk or cream, or any matter or thing whatsoever, or any producer, wholesale vendor, or retail vendor or any other person whomsoever, any regulation under this Act shall include power to make that regulation so that it may be of general or specially limited application according to individuals, classes of persons, class, article, time, place, purposes, standard of quality, grade or description, or circumstances, or otherwise as is prescribed. . The power to make regulations with respect to any matter shall include power to make regulations under this section prohibiting that matter either generally or to meet particular cases. The power to make regulations under this Act shall include power to repeal, amend, or otherwise modify any regulation in force at the commencement of this Act and continued in force by virtue of any provision of this Act. (3.) Regulations may be made under this Act at any time after the passing hereof. ' 65. (1.) When under this Act the Governor in Further Council has power to make any Order in Council or respect u>th regulation he shall have power to make one or more Orders in Orders in Council or, as the case may be, regulations as re^atio^ appears to him necessary or expedient in the circumstances, and either at one and the same time or from time to time. ( 2 .) The Governor in Council may by any Order in Council revoke, amend, or otherwise modify any other Order in Council made, or any Order in Council continued in force under, the authority of this Act. (3.) Proclamations and Orders in Council may be made under this Act at any time after the passing hereof.

370 P art VII — M iscel ­ laneous . MILK SUPPLY. Milk Supply Act. 1 E liz . II. No. 38, 1952. (4.) No misnomer, inaccurate description, or omission in or from any determination or notification or other act of authority under this Act or in or from any Order in Council or regulation shall in any wise prevent or abridge the operation of this Act with respect to the subject matter of that misnomer, inaccurate description or omission provided the same is designated so as to be understood. Publication 66 . (1.) Every Proclamation, Order in Council, and toifonPsr, oclama­ regulation made under this Act shall— Orders in Council, and (i.) Be published in the Gazette ; regulations. (ii.) Upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein ; (iii.) Take effect from the date of such publication unless, in the case of any such Order in Council or regulation, a later date is specified in that or any other Order in Council or, as the case may be, regulation for its commencement when in such event it shall take effect from that later date ; and (iv.) Be laid before Parliament within fourteen sitting days after such publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session. (2.) If Parliament passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation, Order in Council, or regulation has been laid before Parliament disallowing such Proclamation, Order in Council, or regulation or part thereof, that Proclamation, Order in Council, or regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation or regulation. (3.) In this section the term “ sitting days ” means days upon which Parliament actually sits for the despatch of business.

MILK SUPPLY-MINING. 371 Coal and Oil Shale Mine Workers, Etc., Act. ----------------------------------------------------------------------------------------------------1 1 E liz . II. No. 48, 1952. P art VII.— 67. (1.) This Act shall not bind the Crown. Crown not bound. (2.) Unless otherwise expressly provided, the Saving of provisions of this Act shall be in addition to and not in^erAots’ substitution for or diminution of the provisions of any other Act, or of any regulations, ordinances, or by-laws thereunder, and nothing in this Act shall affect or prevent the doing or exercise of, any powers, authorities, functions, or jurisdiction conferred or imposed upon any person by any other Act or any regulations, ordinances, or by-laws thereunder, or prevent the enforcement and recovery of any penalty, fee, fine, or forfeiture which is enforceable and recoverable under any other Act or any regulations, ordinances, or by-laws thereunder : Provided that where any act or omission constitutes the same offence both under this Act and under any other Act or any regulations, ordinances, or by-laws thereunder, any person doing or omitting to do such act may be proceeded against either under this Act or under such other Act, regulations, ordinances, or by-laws, but so that no person shall be twice punished for the same offence. MINING. An Act to Amend “The Coal and Oil Shale Mine Workers (Pensions) Acts, 1941 to 1951,” in t ,™ c S iall certain particulars. ■L 8 W orkers (PENSIONS) [A ssented to 11 th D ecember , 1952.] amendment A ct of E it enacted by the Queen’s Most Excellent Majesty, 1952' B 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 Coal and Short title Oil Shale Mine Workers ( Pensions) Acts Amendment construction. Act of 1952,” and shall be read as one with *“ The Coal and Oil Shale Mine Workers ( Pensions) Acts, 1941 to 1951,” herein referred to as the Principal Act. The Principal Act and this Act may collectively be Collective cited as “ The Coal and Oil Shale Mine Workers (Pensions ) tltIe‘ Acts, 1941 to 1952.” 5 G. 6 No. 24 and amending Acts.