Poultry Industry Act 1988 (Qld)

775 C1ueenmtan.h ANNO TRICESIMO SEPTIMO ELIZABETHAE SEC N AE REGINAE An Act to regulate the poultry industry in certain respects and for related purposes [ASSENTED TO 21ST OCTOBER, 1988]

776 Poultry Industry Act 1988, No. 68 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title. This Act may be cited as the Poultry Industry Act 1988. 2. Repeals and savings. (1) The Acts set forth in the First Schedule are repealed to the extent specified therein and in this Act are referred to as the "repealed Acts". (2) Without limiting the operation of the Acts Interpretation Act1954-1985 in relation to the repeals effected by subsection (1)- (a) the Chief Inspector, any inspector and any other person holding office under the repealed Acts immediately prior to the commencement of this Act shall on and from the commencement of this Act be deemed to be appointed and shall hold office under and subject to this Act; (b) the amount of any precept required to be paid under the repealed Acts and unpaid immediately before the commencement of this Act shall on and from the commencement of this Act continue to be payable and may be recovered together with costs as if this Act had not been passed. 3. Interpretation. In this Act, except where the contrary intention appears- "Board" means the Poultry Advisory Board established under section 6; "Chief Inspector" means the Chief Inspector appointed under this Act; "district" means a district constituted under section 5; "egg product " means- (a) any egg pulp, egg white, egg yolk and any mixture of separated egg yolk and egg white; (b) any product declared by Order in Council to be an egg product for the purposes of this Act; (c) any egg product within the meaning of paragraph (a) or (b) whether or not in liquid, frozen, dried or reconstituted form and whether or not it has been subjected to the process of pasteurization; "egg pulp" means the contents of broken-out whole eggs that have been mixed together to form a pulp; "eggs" means eggs in the shell of the fowl and eggs (being eggs in the shell of members of other avian species) declared by Order in Council to be eggs for the purposes of this Act; "fowl" means a cock or hen (Gallus gallus var. domesticus) and the young thereof;

Poultry Industry Act 1988, No. 68 777 "inspector" means an inspector appointed under this Act and includes the Chief Inspector and an honorary inspector; "Minister" means the Minister of the Crown who, at the material time, is charged with the administration of this Act and includes any Minister of the Crown who is temporarily performing the duties of the Minister; "poultry" means fowls, ducks, geese, turkeys, guinea fowls, quail, partridge, pheasants, pigeons and the young thereof and any other birds declared by Order in Council to be poultry; "records" includes any record of information however compiled, recorded or stored and any books, documents or writings; "sale" includes an agreement to sell, offer to sell, the exposure or having in possession for sale, the receipt, consignment, sending forward or delivery for or on sale. 4. Objectives of this Act. The principal objective of this Act is to assist in the development and improvement of the poultry industry for the benefit of producers and consumers alike through the improvement of- (a) the efficiency of production of eggs and poultry meat; (b) the quality and wholesomeness of eggs and egg products; (c) the quality and health of poultry; ( d) the general well being of the poultry industry. 5. Districts. The Governor in Council may, by Order in Council- (a) constitute any part of the State a district for the purposes of this Act or include in any district so constituted any part of the State not already included in a district; (b) alter the boundaries of a district and for that purpose may abolish a district and include it in another district or include parts thereof in more than one district; (c) abolish a district. 6. Poultry Advisory Board. For the purpose of this Act, there shall be a Board called the "Poultry Advisory Board ", the functions of which shall be to- (a) examine problems confronting the poultry industry and advise the Minister thereon; (b) disseminate information concerning the poultry industry; (c) make recommendations to the Minister in respect of the amounts of the precepts to be issued on Egg Marketing Boards constituted under The Primary Producers' Organisation and Marketing Act of 1926 or that Act as amended , the licensees of the licensed poultry slaughter- houses under The Meat Industry Act of 1965 or that Act as amended and holders in districts prescribed for the purposes of section 14 of this Act of an egg producers' basic hen

778 Poultry Industry Act 1988, No. 68 quota under the Hen Quotas Act 1973 or that Act as amended; (d) advise the Minister concerning the efficient conduct of research and extension activities concerning the poultry industry and the regulation of the poultry industry generally; (e) discharge such other functions and perform such duties as may be prescribed by Order in Council or as may be prescribed under the regulations or as they may be directed to discharge or perform by the Minister. 7. Membership of Board . (1) The Board shall consist of 7 members of whom- (a) one shall be a senior officer of the Department of Primary Industries nominated by the Minister; (b) one shall be the person who from time to time holds the appointment Officer in Charge, Poultry Section, Department of Primary Industries; (c) one shall be a person nominated by the Minister from a panel of at least 3 names submitted to him as prescribed by the Egg Marketing Boards constituted under the PrimaryProducers' Organisation and Marketing Act 1926-1987; (d) one shall be a person nominated by the Minister from a panel of at least 3 names submitted as prescribed to him by a body or association of producers recognised by him for this purpose as representing the interests of the commercial producers of eggs; (e) one shall be a person nominated by the Minister from a panel of at least 3 names submitted to him as prescribed by a body or association of persons recognised by him for this purpose as representing the interests of commercial processors of poultry meat; (f) one shall be a person nominated by the Minister from a panel of at least 3 names submitted to him as prescribed by a body or association of persons recognised by him for this purpose as representing the interests of commercial growers of meat chickens; and (g) one shall be a person nominated by the Minister from a panel of at least 3 names submitted to him as prescribed by a body or association of persons recognised by him for this purpose as representing the interests of stock suppliers engaged in the business of hatching chickens for sale. (2) Subject to subsection (7), members of the Board other than the member referred to in paragraph (b) of subsection (1) shall be appointed by the Governor in Council by notification published in the gazette and such members are in this Act called the appointed members. (3) The member of the Board referred to in paragraph (b) of subsection (1) shall be a member of the Board by virtue of his holding

Poultry Industry Act 1988, No. 68 779 the appointment referred to in the paragraph and in this Act is called the ex officio member. The Governor in Council may, by notification published in the Gazette, declare that an officer in the Department of Primary Industries named by him, or that the holder from time to time of an office in the Department of Primary Industries specified by him, shall be deemed to be the Officer in Charge, Poultry Section, Department of Primary Industries for the purposes of this section, and where he does so, the notification shall have effect according to its tenor. (4) The member of the Board referred to in paragraph (a) of subsection (1) shall be chairman of the Board. (5) If any panel of names for the purposes of paragraphs (c), (d), (e), (f) or (g) is not submitted as prescribed the Governor in Council, upon the nomination of the Minister, may appoint any person to be a member of the Board in the place of the person required to be nominated under the subparagraph in question and the person so appointed shall be deemed to be appointed pursuant to the nomination of the Minister from the prescribed panel. (6) Subject to section 8, each appointed member shall be appointed for a term of three years ending on the same day as every other appointed member of the Board but, subject to his not being disqualified from membership, he shall be eligible for re-appointment. (7) The persons who, immediately prior to the commencement of this Act, held office as members of the Poultry Advisory Board constituted under the repealed Acts (other than the ex officio member) shall on and from the commencement of this Act be deemed to be appointed members of the Board pursuant to the provisions of this Act and shall hold office subject to the provisions of this Act in accordance with the terms of their original appointment up to and including the 30th June 1991. A reference in this subsection to the ex officio member of the Poultry Advisory Board constituted under the repealed Acts is a reference to the person whose appointment to the Board was by reason of his holding the office of Husbandry Officer in Charge, Poultry Section, Department of Primary Industries. 8. Vacation of office and disqualifications . (1) The office of an appointed member shall become vacant if the member- (a) dies; (b) becomes bankrupt or compounds with his creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; (c) is absent without prior leave granted by the Board from 2 consecutive ordinary meetings of the Board of which due notice has been given to him; (d) resigns his office by writing under his hand delivered to the Under Secretary, Department of Primary Industries; (e) is convicted in Queensland of an indictable offence or, elsewhere than in Queensland, is convicted in respect of an

780 Poultry Industry Act 1988, No. 68 act or omission that if done or made in Queensland would have constituted an indictable offence; (f) is removed from office as a member by the Governor in Council. (2) For the purposes of paragraph (c), 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 the meeting is not actually held because of the lack of a quorum. (3) The Governor in Council, for any reason appearing to him to be sufficient, may remove an appointed member from office. 9. Filling of casual vacancy. (1) If the office of an appointed member becomes vacant during the currency of his term of office, at any time during the balance of that term, the Governor in Council, subject to section 7 (1), may by notification published in the Gazette appoint another person to fill that vacancy for the balance of that term either from appointment or from a later date specified in the notification. (2) If the appointed member whose office becomes vacant is a member referred to in paragraph (c), (d), (e), (f) or (g) of section 7 (1), the Governor in Council before exercising the power conferred upon him by subsection (1) shall, by notification published in the Gazette, appoint a date on or before which the panel of names prescribed in respect of the appointment shall be submitted to the Minister as prescribed. If the panel of names is not so submitted, the Governor in Council, upon the nomination of the Minister, may appoint any person to fill the vacancy in accordance with subsection (1) and the person so appointed shall be deemed to be appointed pursuant to the nomination of the Minister from the prescribed panel. 10. Deputy member. The Minister may, by writing under his hand, appoint a person who is not a member of the Board to be the deputy of a member of the Board, including the chairman, for any meeting or meetings of the Board specified by him in the instrument of appointment. At any such meeting so specified, if the member in respect of whom a deputy has been appointed is absent therefrom, the deputy may discharge the functions, exercise the powers and perform the duties of the member including in the case of the deputy of a member who is chairman, those of the chairman of the Board. 11. Proceedings of Board . (1) The quorum of the Board shall consist of the chairman and at least 4 other members of the Board. (2) The chairman shall preside at any meeting of the Board. (3) The Board shall discharge its functions, exercise its powers and perform its duties by the majority vote of its members present and voting on the business in question.

Poultry Industry Act 1988, No. 68 781 A member of the Board who, being present at a meeting and eligible to vote, abstains from voting shall be taken to have voted for the negative. (4) Subject to this Act, the Board shall meet at such times 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. 12. Fees and allowances . (1) Subject to subsection (2), a member of the Board shall be entitled to be paid such fees and allowances as the Governor in Council may from time to time determine. (2) Fees and allowances shall not be paid to a member who is an officer of the Public Service of Queensland for attendance at any meeting of the board wholly held during the ordinary working hours of that officer. 13. Poultry Industry Fund . (1) The Poultry Industry Fund (hereinafter referred to as the "Fund") established at the Treasury under the repealed Acts shall upon the commencement of this Act be preserved and maintained for the purposes of this Act. (2) There shall be paid into the Fund all fees and monies received or recovered under this Act including penalties and monies in respect of offences. (3) There may be paid out of the Fund any expense incurred in the execution of this Act or, with the approval of the Minister first had and obtained, incurred in the development and improvement of the poultry industry. 14. Precepts. Each- (a) Egg Marketing Board constituted under The Primary Producers ' Organisation and Marketing Act of 1926 or that Act as amended; (b) licensee of a poult ry slaughterhouse licensed under The Meat Industry Act of 965 or that Act as amended; and (c) holder , in districts prescribed for the purposes of this section, of an egg producer ' s basic hen quota under the Hen QuotasAct 1973 or that Act as amended, shall in respect of each financial year commencing on 1 July in each year pay to the Minister in the manner prescribed by this section the amount required to be paid in accordance with this section. (2) For the purpose of obtaining from each such Board or each such licensee or holder the amount payable by such Board or licensee or holder under this section , the Minister may issue or cause to be issued in the manner prescribed a precept to each such Board or, as the case may be, licensee or holder. The amount of any such precept shall be determined by the Minister.

782 Poultry Industry Act 1988, No. 68 (3) A precept under this section shall- (a) be sufficiently authenticated if it purports to be signed by the Minister or on his behalf; (b) state the amount to be paid by the Board or licensee or holder to which or to whom it is directed; (c) require the Board or licensee or holder to which or to whom it is directed to pay such amount to the Minister on or before the date specified therein. (4) A Board or licensee or holder to whom a precept is issued under this section shall pay the amount stated in the precept in compliance in every respect with the requirements of the precept. (5) If a Board or licensee or holder to whom a precept is issued under this section fails to pay in accordance with this Act the amount required by the precept, to be paid, the Minister may cause a copy of the precept, endorsed with or accompanied by a statement of the amount unpaid certified as correct by the Minister or by the Chief Inspector on his behalf, to be filed in the registry of a court having jurisdiction in relation to actions for debt in respect of an amount such as that unpaid. Upon the expiration of 30 days thereafter the document or documents so filed in the registry of a court shall be of the same force and effect and all proceedings and remedies for the enforcement thereof with costs may be taken as if the document or documents so filed were a judgment of the court ordering the Board, licensee or holder to whom the precept was issued to pay the amount certified therein as having been required to be paid but not paid, together with costs. (6) An Egg Marketing Board to which a precept has been issued pursuant to this section shall pay the amount of the precept from its Funds. The payment of such amount to the Minister shall be deemed to be the payment of an administrative expense of the Board. (7) Subject to an appropriation by Parliament, the Treasurer shall in respect of each financial year pay into the Fund from Consolidated Revenue- (a) a sum of money equal to the total of the amounts of all precepts issued under this section in respect of the year; (b) such other sums of money as are necessary for the purposes of this Act. 15. Inspectors . (1) The Governor in Council may from time to time appoint a Chief Inspector for the purposes of this Act and such other inspectors and honorary inspectors as may be necessary for the effectual administration of this Act. (2) A person referred to in subsection (1) other than an honorary inspector shall be appointed under and hold office subject to the laws relating to the Public Service of Queensland.

Poultry Industry Act 1988, No. 68 783 (3) Every member of the Police Force and every person appointed and holding office as an inspector under the Stock Act 1915-1987 or the Meat Industry Act 1965-1984 shall by virtue of holding his office be deemed to be an inspector appointed under this Act. 16. Powers of inspectors . (1) Subject to section 17, an inspector may at any time- (a) with such assistants, vehicles and equipment as he considers necessary for the discharge of his duties, enter and remain in any place (including any vessel, vehicle or aircraft) in order to inspect any poultry, eggs or egg products or equipment used in relation thereto that he believes or suspects is or are there or in order to ascertain whether the provisions of this Act are being complied with or to exercise a power conferred upon him by this Act; (b) search any place entered pursuant to paragraph (a) and make such inspection, investigation or inquiry as is necessary for the purposes of this Act including by breaking open and searching any receptacle, conducting tests, and taking without payment samples of any matter or thing for testing or as evidence; (c) stop any vehicle for the purposes of exercising the powers conferred by this Act and if necessary- (i) require any person in possession of the vehicle to remove it to such place as the inspector determines; or (ii) remove the vehicle or authorize any person to remove -the vehicle to any place that he determines; (d) seize any eggs or egg products or any other matter or thing in respect of which he believes on reasonable grounds that an offence against this Act has been or is being committed and any packing material or container where necessary to facilitate the seizure; (e) remove to another place any matter or thing seized by him or allow it to remain where seized and in the latter case make such arrangements and give such directions as he considers necessary to protect it; (f) in a case where he is obstructed or has reasonable grounds to believe that he will be obstructed in the exercise of his powers call to his aid- (i) a member of the Queensland Police Force; (ii) any person he may think competent to assist him in the exercise of his powers; (g) question any person found by him in any place entered pursuant to paragraph (a) to ascertain whether this Act has

784 Poultry Industry Act 1988, No. 68 been or is being complied with and, subject to section 19, require that person to answer the questions put; (h) require any person to furnish for inspection at such times and places as he specifies any records of any kind specified by him or copies thereof that the person has in his possession that were prepared or are kept for a purpose connected with this Act; (i) take notes or copies of or extracts from records furnished pursuant to paragraph (h). (2) Any person called in aid of an inspector pursuant to paragraph (f) of subsection (1) shall assist the inspector as required by him and in accordance with this Act. 17. Restricted entry into dwelling-house . (1) Before an inspector enters a dwelling-house for the purpose of exercising any powers under this Act, save where he has the permission of the occupier to his entry, he shall make an application to a justice who is a Stipendiary Magistrate and obtain from him a warrant to enter. (2) A justice who is satisfied upon an application made under this section that there is reasonable cause to suspect or believe- (a) that in any place an offence against this Act has been or is being committed; or (b) that there is in any place any matter or thing with respect to which an offence against this Act has been or is being committed, or with respect to which an inspector may exercise a power under this Act, may issue his warrant directed to an inspector to enter the place specified in the warrant for the purpose of exercising therein the powers conferred upon him by this Act. (3) The justice shall specify in the warrant the powers the inspector may exercise and shall note thereon the basis upon which the warrant is issued. (4) An application to a justice for the issue of a warrant under this section- (a) may be heard in any place, and subject to subsections (5) and (6), in such manner as the justice thinks fit; (b) may be made in person or by telephone, radio or by means of any other form of distant communication. (5) Except where a warrant is issued upon an application made by telephone, radio or by means of any other form of distant communication, in determining whether or not he should issue a warrant, the justice shall not rely on any statement of facts unless it is provided by means of an oral or written statement given under oath, affirmation or declaration or under some other sanction authorized by law.

Poultry Industry Act 1988, No. 68 785 (6) If an application is made by means of telephone, radio or any other form of distant communication the following provisions shall apply:- (a) the justice shall not issue the warrant unless he informs the applicant of the facts upon which he relies in issuing the warrant and obtains from the applicant an undertaking that he shall deliver to the justice as directed by him as soon as practicable a statement in writing given under oath, affirmation or declaration or under some other sanction authorized by law, that verifies those facts; (b) if the justice issues the warrant he shall inform the applicant that he has done so and shall send the warrant to the Minister within 7 days of its issue; (c) on and from the issue of the warrant, a form of warrant completed by the applicant substantially in the terms of the warrant issued by the justice and stating the name of the justice and date on which and the place at which he issued it shall for all purposes be deemed to be a warrant issued under this section; (d) as soon as practicable after the issue of a warrant, the applicant shall deliver to the justice a statement in writing in compliance with the undertaking obtained from him pursuant to paragraph (a) and if he fails to do so the warrant on and from such failure shall be deemed to be cancelled. The failure of a justice to send a warrant to the Minister in compliance with paragraph (b) shall not affect the validity of the warrant. (7) A warrant issued under this section shall be, for a period of 21 days from the date of its issue, sufficient authority for the inspector and all persons acting in aid of him- (a) to enter the place specified in the warrant; and (b) subject to the terms of the warrant, to exercise the powers conferred upon an inspector under this Act. 18. Duty to convert stored information to writing . Where a person records or stores any matter by means of a mechanical, electronic or other device, any duty imposed by this Act to furnish records containing those matters shall be construed as a duty to make the matters available in written form. Where the duty imposed is to furnish a copy of any records that duty shall be construed as a duty to make available a clear reproduction in writing. 19. Offences in relation to information . A person shall not- (a) refuse or fail to furnish any information or any records or copies thereof, required of him under this Act; (b) in response to a requirement made of him under this Act to furnish information or records or copies thereof, furnish false or misleading information, records or copies thereof.

786 Poultry Industry Act 1988, No. 68 This section shall not apply in respect of a refusal or failure to furnish any information required of a person pursuant to paragraph (g) of secton 16 (1) that would tend to incriminate him of any offence. If in response to a requirement made of him pursuant to paragraph (g) of section 16 (1) a person furnishes any information that would tend to incriminate him in any offence, other than an offence defined in paragraph (b) of this section, the information so furnished shall not be admissible in evidence against him in proceedings relating to the firstmentioned offence. 20. Obstruction . (1) A person shall not obstruct an inspector in the exercise of his powers under this Act. (2) For the purposes of this Act a person shall be deemed to obstruct an inspector in the exercise of his powers under this Act if he- (a) assaults, abuses, intimidates or insults an inspector or any other person assisting an inspector in the exercise of his powers under this Act; (b) directly or indirectly deliberately prevents any person from being questioned by an inspector or from furnishing under this Act any information or records or copies thereof or attempts to do so; or (c) in any other way obstructs or attempts to obstruct an inspector in the exercise of his powers under this Act. 21. Dealing with seized matters or things. (1) Any matter or thing seized under this Act or seized under the repealed Acts prior to the commencement of this Act may, at the discretion of the Chief Inspector, be destroyed, sold or otherwise disposed of. (2) The owners of the matter or thing destroyed, sold or disposed of shall be jointly and severally liable to pay to the Crown the costs and expenses (including prescribed costs and expenses) incurred in connexion therewith and the Crown may recover outstanding costs and expenses in action as for a debt in any court of competent jurisdiction. (3) The proceeds (if any) arising out of the destruction, sale or disposal, less the costs and expenses for which the owners are liable, shall be paid- (a) to the person, or (in varying amounts if necessary) to the persons appearing to the Crown to be entitled thereto; or (b) in the event that the person or persons entitled thereto cannot be located after reasonable inquiries, to the Poultry Industry Fund, and thereupon the Crown shall not be liable at the suit of any person in respect of the proceeds. This subsection shall not be construed so as to bar the right of a person entitled to recover moneys payable under this subsection from

Poultry Industry Act 1988, No. 68 787 a person to whom those moneys have been paid by the Crown under this subsection. (4) No compensation whatever shall be payable to or recoverable by any owner in respect of loss suffered because of the destruction, sale or disposal of his property carried out for the purpose of giving effect to this section. (5) The provisions of this section shall operate without prejudice to any proceedings that may be taken against a person for an offence against this Act. (6) In this section, the term "owner" includes the person having possession of the matter or thing in question at the time of its seizure including a person who has it under control in any place whether for his own or another's use or benefit and although another person has the actual possession or custody of the matter or thing in question. 22. Protection from liability. Liability at law shall not attach to the Crown, the Chief Inspector, an inspector or any other person on account of any act or thing- (a) done or omitted to be done pursuant to this Act; or (b) done or omitted to be done bona fide for the purposes of this Act and without negligence. This section shall not be construed so as to prevent a person from being dealt with for committing an offence against the laws relating to the Public Service of Queensland. 23. Appeal from order of inspector . A person aggrieved by an order or decision of an inspector under this Act may appeal to the Minister. The Minister shall determine the appeal and either confirm the order or decision or set it aside and in the latter case may make in its stead any order or decision that the inspector could properly have made. 24. Offences . (1) A person who contravenes or fails to comply with any provision of this Act commits an offence against this Act. (2) A person who fails to do that which he is required to do, or who does that which he is forbidden to do, by a person acting under the authority of this Act, commits an offence against this Act. (3) Unless a specific penalty is otherwise prescribed, a person who commits an offence against this Act is liable to a penalty not exceeding 20 penalty units. (4) Proceedings in respect of an offence against this Act shall be taken in a summary way under the Justices Act 1886-1987 within 12 months after the offence is committed or within 6 months after the

788 Poultry Industry Act 1988, No. 68 offence comes to the knowledge of the complainant whichever period is the later to expire upon the complaint of- (a) the Chief Inspector; or (b) a person authorized by the Chief Inspector. 25. Evidence . In a proceeding for the purposes of this Act- (a) it shall not be necessary to prove the appointment of the Chief Inspector, any inspector or other officer or his authority to do any act, take any proceeding or make any requirement or give any order; (b) a signature purporting to be that of the Minister, Chief Inspector, any inspector or other officer shall be taken to be the signature it purports to be until the contrary is proved; (c) a document purporting to be a copy of a precept or other instrument under this Act shall upon its production in that proceeding be evidence, and in the absence of evidence to the contrary, conclusive evidence of the precept or instrument and of the due issuing or giving of the original of which it purports to be a copy; (d) a statement in a complaint stating when it was that the commission of an offence against this Act came to the knowledge of the complainant shall be evidence and in the absence of evidence to the contrary, conclusive evidence, of that fact. 26. Modes of Service . Any notice or other instrument under this Act that is required to be given to any person shall be taken to have been duly given to the person to whom it is directed if- (a) it is served personally on the person or, in the case of a body corporate, on its secretary or a member of its governing body; or (b) it is sent by prepaid post letter, addressed to the person, to the place of residence or of business of that person last known to the sender. 27. Regulations . (1) The Governor in Council may make regulations not inconsistent with this Act with respect to- (a) all matters required or permitted by this Act to be prescribed by regulation or to be prescribed and in respect of which no other means of prescription is specified; and (b) all matters necessary or expedient to be prescribed for the proper administration of this Act or to achieve the objects and purposes of this Act.

Poultry Industry Act 1988, No. 68 789 (2) Without limiting the generality of subsection (1), the Governor in Council may make regulations for or with respect to the matters set forth in the Second Schedule. (3) The power to regulate conferred by this section includes the power to prohibit. (4) Regulations made under this Act- (a) may be made to apply generally throughout the State or within a part thereof and may be made to apply generally with respect to any class of person or matter or thing or to apply with such limited application as is indicated therein or with variations in respect of classes of persons, matters or things; (b) may adopt wholly or partly and specifically or by reference any of the standard rules, codes, specifications or methods of the Standards Association of Australia, the British Standards Institute, the National Biological Standards Laboratory, the Standing Committee on Agriculture or any like body identified in the regulations. 28. Termination of Act. This Act shall expire on the 31 December 1994. THE FIRST SCHEDULE [s. 2] Year and Number of Act Short title Extent of Repeal 10 Geo. VI No. 33 14 Geo. VI No. 15 8 Eliz. II No. 20 1965 No. 54 1973 No. 32 The Poultry Industry Act of 1946 The Poultry Industry Act Act Amendment Act of 1950 The Poultry Industry Acts Amendment Act of 1959 The Poultry Industry Acts Amendment Act of 1965 Stock Act and Other ActsAmendment Act 1973 The whole The whole The whole The whole (a) in section 2 the words "Part III- Amendments of The Poultry Industry Acts 1946 to 1965 , ss. 38- 47; 15 ; (b) Part III

790 Poultry Industry Act 1988, No. 68 Year and Number of Act 1975 No. 68 1979 No. 63 1984 No. 3 FIRST SCHEDULE-continued Short title Extent of Repeal Poultry Industry Act Amendment Act 1975 PoultryIndustryActAmendmentAct 1979 Stock Act and Another ActAmendmentAct 1984 The whole The whole (a) section 3 the words "; Part III- Amendments of Poultry Industry Act 1946-1979"; (b) Part III THE SECOND SCHEDULE SUBJECT MATTER FOR REGULATIONS [s. 27] 1. Powers , functions and duties . The powers, functions and duties of persons engaged in the administration of this Act. 2. Qualifications and appointments . The qualifications required before a person is appointed under this Act including a requirement that such a person should undergo examination or otherwise provide evidence of competency. The appointment of officers for the purposes of this Act, including in the case of persons other than the Chief Inspector, an inspector or honorary inspector, their appointment by a person other than the Governor in Council. 3. Appointment to Board . The submission to the Minister of panels of names of persons for appointment as members of the Board including procedures whereby bodies or associations entitled to submit panels of names shall select the names to be submitted to the Minister. 4. Precepts. The issuing of precepts under this Act, powers and duties facilitating the issuing, enforcement and recovery of precepts. 5. Appeals to Minister. Procedures, conditions and rules relating to appeals to the Minister under this Act including limitations of time within which appeals may be brought, the manner of bringing and disposing of appeals and orders that may be given pending or as a result of appeals.

Poultry Industry Act 1988, No. 68 791 6. Sale of eggs. The regulation of the sale of eggs including by reference to one or more of the following circumstances:- (a) the persons by whom eggs are sold; (b) the persons to whom eggs are sold; (c) the purpose for which eggs are sold; (d) the classification, grading, testing and marking of eggs prior to sale; (e) the practices to be adopted or forbidden prior to or in the sale of eggs including in respect of their packaging, presentation, display, labelling, marking, or exposure to the sun or to animals or any other matter or thing. The regulation, including licensing, of places where eggs are classified, graded and packed for sale. 7. Classification of eggs. The classification, grading of eggs for the purposes of this Act, including in respect of their fitness for human consumption, quality, weight or other standard. The definition for the purpose of this Act of fitness for human consumption and other standards. The authorization of persons, bodies or associations to carry out the classification, grading of eggs for the purposes of this Act, including the Egg Marketing Board and the Central Queensland Egg Marketing Board, constituted under the Primary Producers' Organisationand Marketing Act 1926-1987 and individual check egg graders. The issuing of marks to those authorized to carry out classifications, gradings for application to eggs. 8. Egg products . The regulation of the manufacture of egg products including the regulation of all places, practices, methods and uses associated therewith. The requirement of licences in relation to any aspect thereof. The application for, the issue of, and the transfer, cancellation and surrender of those licences and all matters relating hereto. The regulation of the sale of egg products and all matters in relation thereto. 9. Processing and treatment of eggs and egg products . The regulation of the processes and treatments to which eggs and egg products may be subjected to. 10. Hygiene , fitness for consumption . Regulation in respect of the use or adoption of practices, methods, utensils, equipment, facilities for storage or otherwise, or other matters or things relating to eggs or egg products to the extent necessary to promote hygiene or to preserve the quality of eggs or egg products including their fitness for consumption. 11. Instruments . Forms required in respect of any application under this Act, and for any notice or other instrument under this Act. 12. Fees and expenses . The fees, expenses and other amounts of money that shall be payable in respect of any matter under this Act including fees payable in respect of any inspection undertaken in the

792 Poultry Industry Act 1988, No. 68 administration of this Act and expenses payable in respect of any seizure, sale, destruction or disposal of anything under this Act; the time and manner of payment of any such amount and the manner of recovery of any such amount not paid.