Poultry Industry Act Amendment Act 1975 (Qld)

678 Qmgxmlmx^t ANNO VICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 68 of 1975 An Act to amend the Poultry Industry Act 1946-1973 in certain particulars [ASSENTED TO 12TH DECEMBER, 1975] 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 and citation . (1) This Act may be cited as the Poultry Industry Act Amendment Act 1975. (2) The Poultry Industry Act 1946-1973 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Poultry Industry Act 1946-1975.

Poultry Industry Act Amendment Act 1975, No. 68 679 2. Commencement of Act. This Act shall commence on a date fixed by Proclamation. 3. Amendment of s. 4 . Section 4 of the Principal Act is amended by- (a) omitting the term " Day-old chicken " and substituting the following term:- " " Day-old chicken "-The young (less than seven days old) of any fowl;"; (b) omitting the term " Disease " and substituting the following term:- " " Disease "-adenovirus infection, arbovirus infection, Argas persicus (fowl tick) infestation, aspergillosis, botulism, chlamydiosis (psittacosis, ornithosis), coccidiosis, coronavirus infection (infectious bronchitis), Echidnophaga gallinacea (stickfast flea) infestation, erysipelas, fowl cholera, fowl typhoid, haemophilosis (infectious coryza), herpesvirus infection (Marek's disease, infectious laryngotracheitis, duck enteritis), hexamitiasis, histomoniasis (black head, enterohepatitis), infectious bursa] disease, leucosis, lice infestation, mite infestation, mycoplasmosis, mycosis, mycotoxicosis, omphalitis, orthomyxovirus infection (fowl plague, fowl pest, avian influenza), Oxyspirura n ansoni (eyeworm) infestation, paramyxovirus infection (Newcastle disease), pasteurellosis, picornavirus infection (avian encephalomyelitis), poxvirus infection, pullorum disease, reovirus infection (viral arthritis), reticulo-endothelial virus infection, salmonellosis, spirochaetosis, staphylococcosis, streptococcosis, Syngamus trachea infestation (gapes), trichomoniasis, Trichophyton gallinae infection (favus), tuberculosis, vibrionic hepatitis, and any other disease affecting poultry that is declared by Order in Council to be a disease for the purposes of this Act;"; (c) inserting after the term " District " the following terms:- " " Eggs -eggs in the shell of the fowl and of such other avian species that are declared by Order in Council to be eggs for the purposes of this Act; " Egg products "-egg pulp, separated egg white or any mixture of separated egg yolk and egg white whether in liquid, frozen, dried or reconstituted form and whether or not the product has been subjected to the process of pasteurisation, and such other products that are declared by Order in Council to be egg products for the purposes of this Act; " Egg pulp "-The contents of broken-out whole eggs that have been mixed together to form a pulp; "; (d) inserting after the term " Officer " the following term:- " Ordeerr "-A command or direction whether given orally or in writing; "; (e) in the term " Owner ", inserting after the word " poultry " the words " or eggs or egg products ";

680 Poultry Industry Act Amendment Act 1975, No. 68 (f) omitting the term " Poultry dealer " and substituting the following term:- "PPoouullttrryy dealer "-A person who on his own behalf or in conjunction with any other person or as an agent for any other person exercises or carries on the business or advertises or notifies that he exercises or carries on the business of buying poultry for re-sale;"; (g) inserting after the term " Regulations " the following terms:- " "Started pullet "-a female fowl that is between 21 and 180 days of age and intended for egg production; " Started pullet supplier "-A person who on his own behalf or in conjunction with any other person or by agreement with any other person or as an agent for any other person exercises or carries on the business or advertises or notifies that he exercises or carries on the business of raising started pullets for sale;". 4. Amendment of s. 5 . Section 5 of the Principal Act is amended by, in subparagraph (vii), omitting the words " and/or of any carcass of poultry " and substituting the words ", eggs or egg products ". . 5. Amendment of s. 6. (1) Section 6 of the Principal Act is amended by- (a) omitting subsection (1), and substituting the following subsection:- " (1) Poultry Advisory Board . For the purpose of assisting in the development and improvement of the poultry industry in Queensland and in particular for the purpose of assisting in the improvement of the- (a) efficiency of production; (b) quality of eggs, egg products and poultry meat; (c) quality and health of poultry; and (d) general well being of the industry, the Governor in Council may constitute a Board to be called " The Poultry Advisory Board " (in this Act referred to as " the Advisory Board ")."; (b) omitting the first two paragraphs of subsection (2) and substituting the following paragraphs:- " The Advisory Board shall consist of seven members appointed by the Governor in Council by notification published in the Gazette. The persons eligible for appointment shall be- (a) a senior officer of the Department of Primary Industries (who shall be the chairman of the Board) nominated by the Minister; (b) the Husbandry Officer in Charge, Poultry Section, Department of Primary Industries, who ex officio shall be a member of the Board;

Poultry Industry Act Amendment Act 1975, No. 68 681 (c) a person nominated by the Minister from a panel of at least three names submitted to him by the Egg Marketing Boards constituted under the PrimaryProducers'Organisationand Marketing Act1926-1973; (d) a person nominated by the. Minister from a panel of at least three names submitted to him by a body or association of producers recognized by him as representing the interests of the commercial producers of eggs ; (e) a person nominated by the Minister from a panel of at least three names submitted to him by a body or association of persons recognized by him as representing the interests of commercial processors of poultry meat; (f) a person nominated by the Minister from a panel of at least three names submitted to him by a body or association of persons recognized by him as representing the interests of commercial growers of broiler chickens; and (g) a person nominated by the Minister from a panel of at least three names submitted to him by a body or association of persons recognized by him as representing stock suppliers engaged in the business of hatching chickens for sale. If any panel of names for the purposes of subparagraph (c), (d), (e), (f) or (g) is not submitted within the time or in the manner prescribed the Governor in Council may appoint a person, on the nomination of the Minister, to be a member of the Advisory Board in place of the person required to be nominated under the subparagraph in question."; (c) omitting subsection (3); (d) in subsection ( 4), omitting the word " members " and substituting the word " member "; (e) omitting the third paragraph of subsection (5) and substituting the following paragraph:- "If any panel of names required by this subsection to be submitted is not submitted at least 14 days prior to the date appointed for the filling of a casual vacancy the Governor in Council may appoint a person , on the nomination of the Minister, to fill the vacancy."; (f) in subsection (6), (i) omitting the words " in the case of the Minister, need not be another Minister and "; (ii) omitting the word " lastmentioned "; (g) in subsection (7), (i) omitting the first paragraph; (ii) in the second paragraph, (A) omitting the words " other than the Minister " and substituting the words " or the chairman "; 23

682 Poultry Industry Act Amendment Act 1975, ,Vo. 68 (B) inserting after the words " said member " the words -. or the chairman,"; (iii) in the third paragraph, (A) omitting the words " so appointed " and substituting the words " appointed to represent a member or the chairman "; (B) inserting after the words " of a member " the words " or, as the case may be, the chairman "; (C) omitting the words " except that no representative shall preside at a meeting of the Advisory Board ". (2) On the commencement of this Act the Minister shall cease to be a member of the Advisory Board. 6. Amendment of s. 7. Section 7 of the Principal Act is amended by- (a) in subsection (1), (i) omitting the word " six " and substituting the word " five "; (ii) omitting the words " or the deputy chairman " and substituting the words " or his representative "; (b) in subsection (2) omitting the words " the deputy chairman and substituting the words his representative "; (c) in subsection (3), (i) in the first paragraph, omitting the words " but the deputy chairman so presiding shall have one vote only "; (ii) omitting the second paragraph; (d) in subsection (5), omitting the expression " (iv) " and substituting the following expressions:- " (c), (d), (e), (f) or (g) ". 7. Amendment of s. 9 . Section 9 of the Principal Act is amended by- (a) in paragraph (i) omitting the words " of production (b) omitting paragraph (iii) and the word " and " occurring between that paragraph and paragraph (iv). & Amendment of s. 108 . Section l0a of the Principal Act is amended by (a) omitting subsection (1) and substituting the following subsection:- " (1) Each Egg Marketing Board constituted under the PrimaryProducers'Organisation andMarketing Act1926-1973, each owner of a poultry slaughter-house licensed under the MeatIndustry Act1965-1973 and each holder, in districts prescribed for the purposes of this section, of an egg producer's basic hen quota granted under the Hen Quotas Act1973-1975 shall, in respect of each financial year commencing on 1 July in each year commencing- (a) in the case of such Board and owner, with the financial year commencing on 1 July 1975; and '

Poultry Industry Act Amendment Act 1975, No. 68 683 (b) in the case of such holder, with the financial year commencing on a date fixed by Proclamation, pay to the Minister as prescribed by this section the amount required to be paid in accordance with this section."; (b) in subsection (2), (i) in the first paragraph, (A) inserting after the word " owner " wherever it occurs.the words or holder "; (B) omitting the. words " of a slaughter-house "; (ii) in the second paragraph, (A) in subparagraph (b), inserting after the word " owner " the words " or holder " ; (B) in subparagraph (c), inserting after the word " owner " the words or holder " ; (c) in subsection (3), inserting after the word " owner " the words " or holder "; (d) in subsection (4), (A) in the first paragraph, inserting after the word " owner " the words " or holder "; (B) in the second paragraph, inserting after the word " owner " the words " or holder "; (e) omitting subsection (7) and substituting the following subsection :- " (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 that year; (b) such other sums of money as are necessary for the purposes of this Act.". 9. New s. IOC. The Principal Act is amended by inserting after section JOB the following section:- 10C. Protection from liability. Neither the Crown nor any inspector shall be civilly liable on account of anything done by an inspector pursuant to this Act, or done by an inspector in good faith purportedly for the purposes of this Act. An inspector shall not be criminally liable on account of anything done by him pursuant to this Act, or done by him in good faith purportedly for the purposes of this Act. This section shall not be construed to protect an inspector from his liability to be dealt with pursuant to the Public ServiceAct1922-1973 on account of any contravention of or failure to comply with any provision of that Act committed by him.".

684 Poultry Industry Act Amendment Act 1975. No. 68 10.'Amendment of s'. 12. Section 12 of the Principal Act is amended by- (a) in subsection (1) inserting at the end of paragraph (iii) the following paragraph:- (iv) A started pullet supplier ": (b) in subsection (5) inserting at the end of paragraph (iii) the following paragraph:- (iv) A started pullet supplier ". 11. Repeal of ss. 13, 14 and 15. Sections 13, 14 and 15 of the Principal Act are repealed. 12. Amendment of s. 16. Section 16 of the Principal Act is amended by in subsection (1)- (a) in paragraph (a), omitting the words " fowls, ducks or turkeys " where they twice occur and substituting in each case the word " poultry "; (b) in paragraph (b), (i) omitting the words " fowls, ducks, turkeys " where they first occur and substituting the word " poultry "; (ii) omitting the words ", unless such business, fowls, ducks, turkeys or eggs are accredited, approved, supervised or guaranteed as so described "; (c) omitting paragraph (c), and substituting the following paragraph:- (c) which describes poultry or eggs as blood-tested or free from disease unless the poultry or eggs have been certified by the Chief Inspector appointed under the Stock Act1915-1974 as free from disease.". 13. Amendment of s. 17. Section 17 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section omitting the word " fowls " and substituting the word " poultry "; (b) in subsection (1), (i) omitting the word " fowls " where it first occurs and substituting the word " poultry "; (ii) omitting the word " chickens " and substituting the words " young of poultry "; (iii) omitting the words " fowls, ducks, turkeys and eggs for hatching, or any one or more of them " and substituting the words " poultry or eggs for hatching ". 14. Amendment of s. 18 . (1) Section 18 of the Principal Act is amended by- (a) in subsection (1), (i) in the second paragraph of paragraph (a),

Poultry Industry Act Amendment Act 1975, No. 68 685 (A) omitting the word " or " occurring between subparagraph (i) and subparagraph (ii); (B) in subparagraph ( ii) omitting the words " sexual organs " and substituting the word " gonads " ; (C) inserting at the end of subparagraph (ii) the following subparagraph:- 11 • or (iii) such other method as is prescribed "; (ii) in paragraph (b), (A) in the first paragraph , omitting subparagraph (ii) and substituting the following subparagraph: (ii) A provisional license."; (B) in the second paragraph, omitting the words " both methods were " and substituting the words " more than one method was "; (C) in the fourth paragraph, omitting the words " the other method " and substituting the words " any other method " ; (iii) omitting paragraph ( c) and substituting the following paragraph:- " The Under Secretary shall not issue a license , first class, to a person- (i) who has not held a provisional license for one calendar year; and (ii) who, during that time , has not passed all the prescribed accuracy tests."; (iv) omitting paragraph (d) and substituting the following paragraph:- " (d) The Under Secretary shall not issue a provisional license under this section to a person who has not obtained a pass of 97 per centum at such examination as may be prescribed."; (v) in paragraph (e), (A) in the first paragraph , omitting the words " second class" and substituting the word " provisional "; (B) in the second paragraph, omitting the words " such holder " and substituting the words " holder of a first class license "; (b) in subsection (3), (i) inserting after the word " license " the words ", first class,"; (ii) adding at the end of the subsection , the following paragraph:- " Every provisional license granted under subsection (1) of this section shall unless sooner cancelled remain in force for one calendar year from the date of the granting thereof and, in the discretion of the Husbandry Officer in Charge, Poultry Section , Department of Primary Industries , may be renewed for a further period of one calendar year , but no longer, upon application for such renewal before the expiration thereof.".

686 Poultry Industry Act Amendment Act 1975, No. 68 (2) 'A license, second class, granted prior to and subsisting at the date of commencement of this Act shall be deemed to be a provisional license issued under the Principal Act and subject in all respects to its own terms and the provisions of the Principal Act and the date of issue or granting of such a provisional license shall be deemed to be the date of commencement of this Act. 15. Amendment of s. 19. Section 19 of the Principal Act is amended by, in subsection (2), in the first paragraph, inserting after the words " demand by the " the word " Husbandry ". 16. Amendment of s. 25. Section 25 of the Principal Act is amended by, in subsection (3), omitting the word " ninety " wherever it occurs and substituting in each case the expression " 97 ". 17. Amendment of s. 27. Section 27 of the Principal Act is amended by omitting the third paragraph and the proviso to that paragraph. 18. Amendment of s. 29. Section 29 of the Principal Act is amended by- (a) in subparagraph (a), omitting the words " poultry or eggs which are, or which he reasonably suspects are, therein " and substituting the words " equipment, poultry, eggs or egg products which is or are, or which he reasonably suspects is or are, therein "; (b) omitting subparagraph (b) and substituting the following subparagraph :- " (b) inspect and examine any equipment, poultry, eggs or egg products found by him therein and take and retain such number of samples from or of them for testing as he sees fit;"; (c) inserting after subparagraph (b) the following subparagraph:- " (ba) take such number of samples as he sees fit of any other matter or thing therein and retain the samples for testing; "; (d) in subparagraph. (d), (i) omitting the words " or eggs " and substituting the words ", eggs or egg products "; (ii) omitting the words " or any eggs " and substituting the words ", eggs or egg products "; (e) inserting at the end of subparagraph (f), the following subparagraph:- 14 ; - (g) require the production of any document required by this Act to be held or kept by any person, and make such copies thereof or extracts therefrom as he sees fit". 19. Amendment of s. 32. Section 32 of the Principal Act is amended by, in subsection (3), in the first paragraph, inserting after the expression " poultry," the words " eggs, egg products,".

Poultry Industry Act Amendment Act 1975, No. 68 687 20. Amendment of Second Schedule. The Second Schedule is amended by- (a) in clause 20, inserting after subclause (iii) the following subclause:- 11 ; or (iv) A started pullet supplier "; (b) in clause 25, (i) in the note appearing in and at the beginning of the clause, inserting after the word " eggs " the words " or egg products "; (ii) inserting after the word " eggs " wherever it occurs the words " or egg products "; (iii) inserting after the words " dealt with " the words " or disposed of (whether by sale or otherwise), the disbursement of the proceeds of a sale of eggs or egg products so seized or detained ".