Pig Industry Act of 1933 (24 Geo v No. 6) (Qld)

14718 MOTOR SPIRIT VENDORS—PIG INDUSTRY. Pig Industry Act. 24 0-no. V. No. 6, If the Legislative Assembly passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. MOUNT ISA (LEAD-POISONING). See LABOUR (2). NERANG RIVER BRIDGE. See PART II., BRIDGES. NURSES AND MASSEURS. See, ME DICAL. OPTICIANS. See MEDICAL. PARLIAMENT, LOANS TO MEMBERS, VALIDATION. See CONSTITUTION (1). PHARMACY. See MEDICAL. PIG INDUSTRY. 24 Geo. V. An Act to Regulate the Pig Industry, and for other NToH. E6. incidental purposes. PIG INDUSTRY [ASSENTED TO 11TH OCTOBER, 1933.] ACT OF 1933. 13 E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- Short title. 1. (1.) This Act may be cited as " The Pig Industry Act of 1933."

PIG INDUSTRY. 14719 1933. Pig Industry Act. to be( 2p.) rTohcilsaAimctesdhabllyctohmeeGinotoveorpneroartiionn Conoaundactiel cboymmmenetnofcAe- ct. Proclamation published in the Gazette, which date is # herein referred to as the commencement of this Act. or re 2 q . uIinretsh, isthAectf, oulnlloewssitnhge cteonrmtexsthoathveerwthisee mindeiacnatiensgIsnttaetriopnr. e- respectively assigned to them, that is to say : — "Agent" means any person who, on behalf of an Agent. owner or as a broker or factor, takes delivery of any pigs or pig carcasses for the purposes of sale or disposal otherwise than by sale; 44 " Carcass" —The carcass or any part of the Carcass. carcass of an animal: the term includes any part of the dead body of an animal; " Dealer" —Any person who engages in the buying Dealer. and selling of pigs or pig carcasses; "Destroy" —To consume by fire, bury under the Destroy. ground, boil down, kill, or otherwise destroy to the satisfaction of an inspector; "Disease" —Tuberculosis, contagious pneumonia, Disease. swine plague, swine fever, or any other infectious or contagious disease affecting stock, and any other disease which the Governor in Council by Order in Council declares to be a disease under and for the purposes of this Act; " Factory" —Any building, structure, or place Factory. where pigs are slaughtered, dressed, or treated; "Inspector" —An inspector appointed under this Inspector. Act or under *" The Dairy Produce Acts, 1920 to 1932," or f" The Diseases in Stock Acts, 1915 to 1931," or t" The Slaughtering Act of 1898," or any Act or Acts amending the same or , in substitution therefor respectively; - "Isolation pen' —A pigsty where diseased pigs Isolation , or pigs suspected of disease may be isolated pen' or detached from other pigs or stock; y * 10 Geo. V. No. 15 and 23 Geo. V. No. 22, supra, pages 9079 and 14133. f 6 Geo. V. No. 16 and amending Acts, supra, pages 7015 et seq. $ 62 Vic. No. 23, supra, page 3339.

14720 Minister. Occupier. Owner. Pig. Piggery. Prescribed. Regulations. Stock, To sell. This Act. Under Secretary. PIG INDUSTRY. Pig Industry Act. 24 GEO. V. No. 6, " Minister" —The Secretary for Agriculture and Stock or other Minister of the Crown charged for the time being with the administration of this Act; " Occupier" —The person in actual occupation of the land or place concerned; " Owner" —The owner, whether jointly or severally: the term includes the owner's agent or manager, and in the case of a company the manager, secretary, or other principal officer thereof. So far as it relates to any premises whatsoever, the term includes any person having, or apparently having, the charge, management, or control of the same; " Pig" —Any boar, barrow, sow, or pig of any age, sex, or breed; " Piggery" —The term includes any land, buildings, or place where pigs are depastured or kept; "Prescribed" —Prescribed by this Act; " Regulations" —Regulations made under the authority of this Act; " Stock" includes horses, cattle, sheep, pigs, camels, and goats, and such other animals as the Governor in Council, by Order in Council from time to time, declares to be stock for the purposes of this Act; " To sell "—To sell by wholesale or retail, and includes barter or exchange, supply for profit, dealing in, agreeing to sell, or offering or receiving or exposing for sale, or having in possession for sale, or sending, forwarding, or delivering for sale or on sale, or causing suffering, or allowing to be sold, offered, received, or exposed, or had in possession for sale, or attempting any such acts or things: and the derivatives of " sell " have a corresponding inclusive meaning; "This Act"—This Act and all Proclamations, Orders in Council, and regulations thereunder; "Under Secretary" —The Under Secretary, Department of Agriculture and Stock: the term includes any person for the time being performing the duties of Under Secretary.

PIG INDUSTRY. 14721 1933. Pt'g Industry Act. 3. This Act shall be in force in such Districts as the Districts. Governor in Council has declared or shall from time to time declare by Order in CouncH to be Districts under *" The Da£ry Produce Acts, 1920 to 1932." 4. (1.) The Governor in Council may from time to Inspectors. time appoint such inspectors and other officers as may be necessary for the effectual execution of this Act. (2.) Every inspector under this Act shall for the purpose of this Act have all the powers and functions of an inspector under *" The Dairy Produce Acts, 1920 to 1932," or t" The Diseases in Stock Acts, 1915 to 1931," or f ' The 8la~ lghtering Act of 1808," or any Act or Acts amending the same or in substitution therefor, respectively. 5. Subject to this Act, an inspector may, at a.ny Powers of reasonable time- inspector. (i.) Enter and inspect any premises or place where Entry and pigs are depastured or kept, or enter and inspection. inspect any factory and, if he thinks fit> take samples of any materials or water used at or in connection with the said premises, place, or factory; (H.) If, after inspection, the inspector is satisfied that- (a) Any piggery is in an unclean or unwholesome Unclean condition or is otherwise unfit or d{\fective piggeries. for the purpose of accommodating pigs; or (b) Any pigs at a piggery are diseased or are Diseased suspected of being diseased; or pigs. (c) The water or food used in connection with Impure or the pigger;Y is ~mpure ?r unwholeso~ e, or ~=~~:ter any food IS bemg fed m contraventIOn of or food. this Act, he may, by order in writing under his hand ~ rders of addressed to the owner of the piggery, mspector. without further name or description- 0) Order the piggery to be forthwith cleansed and rendered wholesome to his satisfaction; * 10 Geo. V. No. 15 and 23 Geo. V. No. 22, supra, pages 9079 and 14133. t 6 Geo. V. No. 16 and amending Acts, supra, pages 7015 et seq. t 62 Vic. No. 23, supra, page 3339.

14722 PIG INDUSTRY. Pig Indfu.stry Act. 24 GEO. V. No. 6, (2) Order the removal and isolation of any pigs which are diseased or are suspected of being diseased; (3) Order the supply of impure water or unwholesome food to be discontinued and a supply of pure water or suitable food to be used. Inspector to report orders to Minister. Duty of owner to notify disease. 6. An inspector shall forthwith make a report to the Minister of all orders made by him under this Act. 7. (1.) Every owner of a piggery, when disease appears in any pigs at such piggery, shall forthwith give notice thereof to the nearest inspector or to the Under Secretary. Isolation of (2.) The owner of a piggery shall also forthwith dpiisgesa. sed remove such diseased pigs, or pigs suspected of being diseased, to an isolation pen. Disposal of (3.) The carcass of any pig which has died from carcass. disease or destroyed on account of being suspected of disease shall. by the owner, be entirely consumed by fire or buried not less than three feet from the surface of the ground on the premises on which such pig died. The carcass of any pig, the death of which was caused by disease, shall not be sold, nor shall such carcass be disposed of in any manner other than as herein directed. Pig feed; 8. No person shall feed or cause a pig to be fed w&hc.e,ntombeeat, with meat, offal, or blood unless such meat, offal, or cooked. blood has first been thoroughly cooked. O~ er)o 9. Upon the request of an inspector every owner ~ ~ ~ ~ : ~ I) . ce to shall give to the inspector any personal assistance, and inspector. give such information as he is capable of giving to aid the inspector in searching for and discovering the cause of any disease or any source of contamination or infection to which the pigs may be exposed. Marking ·of 10. (1.) Where pigs are purchased over the scales rpeipgsre b s y enta. by a representative of any factory, such representative tive of shall place on such pigs a sufficient mark to ensure factory. identification of the vendor. Mar~ ing (2.) Any person who consigns pigs direct to a ~ ! :ris~ ed by factory shall place on such pigs a sufficient mark to owner. ensure the identification of the consignor.

PIG INDUSTRY. 14723 1933. Pig Industry Act. 11. Every auctioneer, agent, dealer, factory, or Records to butcher shall keep a record in respect to every transaction ~ ~ c~ f' ; ~ e~ ; in pigs with which he is concerned. &c. ' Such record shall include the date, the number, description, and distinguishing marks of such pigs, the name and address of the vendor, and the name and address of the purchaser, and such other particulars as may be prescribed. Such information shall be made avaihtble to an inspector upon request by the inspector to the auctioneer, agent, or dealer, as the case may be. 12. The owner of a factory shall not payor enter No agree- into any agreement or arrangement with any person to me~ as t~ pay, whether by payment direct or by way of subsidy ~ ~~ ca: ~ no or otherwise, for the whole or any part of a carcass, which whole or part of the carcass, as the case may be, has been condemned by an inspector as unfit for the food of man: Provided, however, that the net proceeds from the sale of any by-products obtained from a pig. the whole or part of the carcass of which has been condemned, shall be paid to the vendor. or ca 1 u 3 s . e ( t 1 0 .) bTe hgeramdeadnatgheer coafrceavseserys 0 faf cat 1 o 1 rypI ' gsShaslul pgprlal'edde cGarracdaisnsegs, of to him, such grading to be performed by a person bolding a certificate of competency in grading as required by the Act. (2.) If required by regulation the manager of every Ditferentia! factory shall pay differential prices for various grades pnce~ . of pig carcasses so graded. carca 1 s 4 s . pAonr k , in b sapceocntorSI 'd mesa, yorexpaamrtisnet h tehreeo f , quanaldit • ymaoyf McqauaracrlkaIistnysgpoooffrk mark such carcass pork or bacon sides, or parts thereof and bacon with a stamp to indicate the quality. 'sides. 15. Every person who- (i.) Alters or obliterates wholly or partially, or Penalty for causes to be altered or obliterated, an ' I;n1lstpeericntgo,r&s' c., inspector's mark on any carcass pork or marks. bacon sides, or parts thereof; or p

14724 PIG INDUSTRY. Pig IndJustry Act. 24 GEO. V. No. 6, Penalty for counterfeit. ing marks. (ii.) Counterfeits any such mark or places on any pork or bacon sides, or parts thereof, any mark purporting to be the mark of an inspector, shall be liable to a penalty not exceeding one hundred pounds. AeFvrcaatsu. idounloefnt to an 1 y 6 f . ra (1 u . d ) uElevnetreyvapseirosnonofwthhios cAocntnwivieths raetspoerctistoprainvyy such marks shall be liable to a penalty not exceeding fifty pounds. Inspector. (2.) Every inspector who- Hiring or lending marking (i.) Hires out or lends his marking instruments to any person; or instruments or conniving at evasion {ii.) Connives at or is privy to any evasion of this Act, of Act. shall be liable to a penalty not exceeding one hundred pounds, and in addition to any such penalty shall, on conviction of any such offence, ipso facto forfeit his office, and shall be disqualified from holding same. Selling, &c., in contra· vention of Act. Obstruction of inspector. Refusing information, &c. Refusal to obey order of inspector. Refusal t.o give notice. 17. Every person who- (1.) Sells or supplies any pigs or pork 111 contravention of this Act; or (ii.) Obstructs an inspector or officer in the course of his duty or in the exercise of his powers and authorities under this Act; or (iii.) Refuses to give information or gives false information in answer to any inquiry made by an inspector or officer in the course of his duty; or (iv.) Refuses or neglects to obey the order of an inspector; or (v.) Refuses or neglects to give any prescribed notice, shall be liable to a penalty not exceeding twenty pounds. Appeal against order of im!pector. 18. Any person who thinks himself aggrieved by any order· or decision of an inspector (other than an order to cleanse the piggery or to remove and isolate any pigs which are diseased or suspected of being

1933. PIG INDUS'rRY. Pig Industry Act. 14725 diseased, or to provide a supply of pure water or suitable food, or a decision in respect to grading), may appeal therefrom to a police magistrate sitting in petty sessions on giving to such inspector a prescribed notice in writing of his intention so to do. Such police magistrate shall hear and determine the matter of the appeal and his decision shall be final, and his decision shall be enforced as if it were an order made for a breach of duty under *" The Justices Acts, 1886 to 1932." The costs of and occasioned by any such appeal shall be determined by the police magistrate who may, in his discretion, order that the same shall be paid by either party. 19. If the owner or occupier refuses or neglects to Ord~ r of obey th • e order • or a • ny part of an order of • an inspector ' m La acgaIrsrtyratoeut the polIce magIstrate sItting in petty seSSIOns, upon the work. complaint of such inspector, may make an order directing the inspector to carry out the work at the expense of the owner or occupier, and the inspector shall cause the work to be carried out accordingly, and may recover from the owner or occupier the expense of doing the work by action in any court of competent jurisdiction. All such expenses shall also be and remain a charge upon the holding or land, notwithstanding any change that may take place in the ownership of it. The remedies conferred by the foregoing provisions shall be in addition to the powers conferred upon the police magistrate under the last preceding section of this Act. 20. (1.) Any person who is guilty of an offence, General or of a contravention of this Act for which no specific penalty. penalty is in this Act provided, shall be liable to a penalty not exceeding twenty pounds. (2.) All penalties incurred for any offence against Summary this Act, or any fees imposed by this Act, may be proceedmgs. recovered in a summary way under *" The Justices Acts, 1886 to 1932," on the complaint of any inspector or other person authorised by the Minister. * 50 Vie. No. 17 and amending Acts, 8upra, pages 1132 et seq.

14726 PIG INDUSTRY. Pig Indu.stry Act. 24 GEO. V. No. 6, In everv case where a conviction is obtained the court may U adjudge the defendant to pay to the prosecution all proper expenses of the prosecution. Evidence. 21. In any proceedings for an alleged offence against this Act it shall not be necessary to prove the appointment of any inspector or other authorised officer, or the authority of any inspector or other authorised officer, to do any act or to give any direction or issue or serve any notice or take any proceeding. Proof of order. 22. The production of any order, direction, or notification purporting to be signed by the Minister or Under Secretary, or by any inspector or other authorised officer, shall, in the absence of proof to the contrary, be sufficient evidence of the due making of such order, direction, or notification, and that it was duly signed by the person by whom it purported to be signed. The production of a certificate purporting to be signed by any inspector, or of any certified copy thereof, that any costs, charges, or expenses of an amount stated have been incurred by such inspector upon any land, premises, or places, under or for the purposes of this Act, shall be prima facie evidence that the costs, charges, or expenses were duly incurred, and that the amount thereof so stated is the correct amount. Immunity of 23. No inspector, and no person acting under the ~~ ector, direction or order of an inspector, or the Minister shall be deemed to be a trespasser by reason of any entry or the carrying out of his powers and authorities under this Act, or be liable for any damages occasioned by carrying out this Act unless the same were occasioned maliciously and without reasonable and probable cause. Regulations. 24. (1.) The Governor in Council may from time to time make regulations with respect to all or any of Schedule. the matters mentioned in the Schedule to this Act. The regulations may impose a penalty not exceeding twenty pounds for any breach thereof. Regulations may be (2.) Regulations may be made on the passing of this made on Act. passing of Act.

PIG INDUSTRY. 14727 1933. Pig Industry Act. 25. All Proclamations, Orders in Council, and Proclama- . regulations made or purporting to have been made under go~ s, thIs Act, upon being published in the Gazette, shall have c~u~ ~~ ll~ nd the same force and effect as if they were enacted in this reg;tlations Act and shall be judicially noticed, and their validity ~ ~ : ~ ro7 this shall not be questioned in any proceedings whatever. Act Such Proclamations, Orders in Council, and regula- tions shall be laid before the Legislative Assembly within fourteen days after such publication if Parliament is in session; or, if not, then within fourteen days after the commencement of the next session. If the Legislative Assembly passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. THE SCHEDULE. 1. Provision for the registration of piggeries, and the issue of certificates, and prescribing fees (if any) in respect of such registration and certificates. 2. The powers and duties of inspectors and officers. 3. The drainage, cleansing, and disinfection of piggeries and of equipment thereat or therein, and of conveyances for pigs; the nature, design, construction, situation, and use of the buildings and structures necessary in piggeries and of conveyances for pigs. 4. Restricting the access of pigs to impure water or fermented, unsound, decayed, or unwholesome food. 5. The precautions to be taken against the introduction or spread of disease in piggeries or conveyances. 6. Preventing pollution of water supply of pigs. 7. The use, control, and treatment of diseased pigs, and pigs sllspected of being diseased. 8. The branding of pigs with an identification mark. 9. The grading of pigs and carcasses. 10. The qualifications and ex~tmination of persons employed in the grading of pigs and of carcasses at factories. 11. Provision for check grading by departmental officers.

14728 PIG INDUSTRY. Pig Indu8try Act. 24 GEO. V. No. 6, 1933. 12. The examination and quality marking of carcasses, pork or bacon sides, or parts thereof. 13. A description of the marks to be used by inspectors. 14. The names or deRignations to be given to the various grades. 15. The employment of marks used in the branding of pigs. 16. Prohibiting the use of identification marks which are not approved. 17. Requiring owners of factories to fumish to the YIinister, at specified intervals, lists of suppliers of pigs which are not of first quality. 18. The records, including form and particulars thereof, to be kept by auctioneers, agents, dealers, factories, or butchers. 19. The basis of valuation and payment for pigs Rupplied to factories. 20. The form of any notice, order, or other document under this Act. 21. Service of any notice, order, or other document under this Act. 22. All matters required or permitted by this Act. to be prescribed; and where there is in this Act no provision or no sufficient provision in respect of any matter or thing adequate, necessary, or expedient to give effect to t,his Act, providing for and supplying such omission or insufficiency. 23. Generally to give effect to the objects and purposes of this Act, and for the efficient administration thereof. POWER ALCOHOL. See MOTOR SPIRIT. PRESBYTERIAN AND METHODIST SCHOOLS ASSOCIATION. See PART H., RELIGION.