Poultry Industry Act Amendment Act of 1950 (14 Geo Vi No. 15) (Qld)

204 POULTRY. Poultry Industr'Y Act Amendment Act. 14 GEO. VI. No. 15, POULTRY. 14 N G o E . O 1 . 5 V . I. An Act to Amend "The PoultryIndustryAct ot THE POUJ.TRY INDUSTRY ACT AMENDMENT ACT OF 1950. 1946" in certain particulars. [ASSENTED TO 23RD NOVEMBER, 1950.] 13 E it enacted by the King's Most Excellent Majesty, hy and with the advice and consent of the Legis- lative Assemhly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. (I.) This Act may be cited as "The Poultry : ~ ! struction. Industry Act Amendment Act of 1950," and shall be read as one with *" The Poultry Industry Act of 1946," herein referred to as the Principal Act. Collective title. (2.) The Principal Act and this Act may be cited collectively as " The Poultry Industry Acts, 1946 to 1950." Amendments ofs.6. 2. Section six of the Principal Act is amended- (a) By inserting in the first paragraph of subsection two of that section the words ", on and after the passing oft" The Poultry Industry Act Amendment Act of 1950,"" immediately before the words "consist of seven members". (b) By repealing subparagraph (iv.) of the first paragraph of subsection two of that section and the proviso thereto (being that part of the said subsection commencing with the brackets, letters, and words "(iv.) Four members nominated by the Minister" and ending with the words" Poultry Farmers' Co-operative Society, Limited ") and by inserting, in lieu of that repealed part, the following subparagraph, namely:- " (iv.) Four members appointed as representing the poultry industry, three of whom shall be nominated, as prescribed, by the Egg Marketing Boards constituted for the time being under f' The Primary Producers' Organisation and Marketing Acts, 1926 to 1946," and one of whom shall be nominated, as prescribed, by a body or association of persons named by the regulations as being connected with the poultry industry." * 10 G. 6 No. 33. t This Act. t 17 G. 5 No. 20 and amending Acts.

POULTRY. 205 1950. Pm(ltry Industry Act Amendment Act. (c) By repealing subsection five of that section and by inserting, in lieu of that repealed subsection, the following subsection, namely:- " (5.) When a vacancy arises in the office of a Ex~ ra. member of the Advisory Board, other than the ex officio ~: = ~s. members, by death, resignation, or otherwise howsoever, the Governor in Council shall thereupon appoint, by notification published in the Gazette, a member to hold office for the remainder of the term of his predecessor: Provided that in the case of a vacancy in the office of a member appointed as representing the poultry industry, the Minister shall first call upon the Egg Marketing Board, or group of Egg Marketing Boards, or the body or association of persons named by the regulations as being connected with the poultry industry, which is concerned in the nomination of a person for appointment to that office, to nominate a person for appointment as member." 3. The following paragraph is inserted after Amendment paragraph (i.) of section nine of the Principal Act, of s. 9. namely:- "(i.A) Make to the Minister recommendations respecting the amounts of the precepts to be issued on Egg Marketing Boards constituted under *" The Primary Producers' Organisation and Marketing Acts, 1926 to 1946"; and". 4. The first paragraph of subsection two of section'\mendment ten of the Principal Act is repealed and the following '"If s. 10. paragraph is inserted in lieu of that repealed paragraph, namely:- "Every member of the Police Force, inspector appointed under t" The Diseases in Stock Acts, 1915 to 1949," and inspector appointed under t" The Slaughtering Act of 1898" shall, ex officio, be and be deemed to be an inspector appointed under this Act." 5. The following section, numbered lOA, is inserted ~ ection lOA after section ten of the Principal Act, namely :_ Inserted. "[lOA.] There shall be established at the Treasury Poultry a Fund to be called "The Poultry Industry Fu:r . ; . d "In F d un u d s . try (hereinafter in this Act referred to by the term" Fund "), out of which may be paid any expense incurred in the execution of this Act : * 17 G. 5 No. 20 and amending Acts. t 6 G. 5 No. 16 and amending Acts. t 62 v. No. 23.

206 POULTRY. PoultryIndustryAct Amendment Act. 14 GEO. VI. No. 15, Provided that it shall be lawful to payout of the Fund expenditure for any purpose recommended by the Advisory Board to and approved by the Minister as having relation to assistance in the development and improvement of the poultry industry in Queensland. All fees and other moneys whatsoever received under the provisions of this Act shall be paid into the Fund." Section lOB 6. The following section, numbered lOB, is inserted inserted. . after section lOA of the Principal Act as previously inserted by this Act, namely :- Precel?t.by "[lOB.] (1.) The Minister is hereby empowered to the MlDlSter. issue from time to time to each and every Egg Marketing Board constituted for the time being under *" The Primary Producers' Organisation and Marketing Acts, 1926 to 1946," a precept stating an amount to be paid by that Egg Marketing Board within a time limited by the precept to the Minister for placing to the credit of the Fund. (2.) Each and every Egg Marketing Board which receives a precept issued under this section shall pay to the Minister the amount stated therein within the time limited by the precept and failure to pay that amount accordingly shall be deemed a failure by that Egg Marketing Board to comply with the provisions of *" The Primary Producers' Organisation and Marketing Acta, 1926 to 1946." (3.) The amount of each and every precept issued to any Egg Marketing Board under this section shall be paid by that Board from the proceeds of a levy in respect of the commodity for which that Egg Marketing Board is constituted made by that Egg Marketing Board for that purpose and in that amount: Provided that the amount of any precept may be added to the amount of a levy duly made by that Egg Marketing Board for all or any of the purposes for which a levy in respect of such commodity may be made by that Egg Marketing Board under and in pursuance of *" The Primary Producers' Organisation and Marketing Acts, 1926 to 1946," and regulations thereunder. The provisions of *" The Primary Producers' Organisation and Marketing Acts, 1926 to 1946," and regulations thereundershallwithanynecessary adaptations for that purpose alone apply to each and every such levy made by any Egg Marketing Board. * 17 G. 5 No. 20 and amending Acts.

POULTRY. 207 1950. P01tltry Industry Act Amendment Act. (4.) The total of the amounts of all precepts issued by the Minister under this section in anyone year shall not exceed ten· thousand pounds. (5.) In each and every year there shall be paid by Endowment. the Treasurer into the Fund from the Consolidated Revenue a sum of such amount as Parliament may appropriate for that purpose, but not exceeding ten thousand pounds in addition to a sum equal to the total of the amounts of all precepts issued under this section in that year: Provided that the total amount to be paid by the Treasurer in any year shall not exceed fifteen thousand pounds." 7. The Second Schedule to the Principal Act is Amendments amended- of the . Second (a) By inserting the following clause, numbered Soh. 19A. after clause nineteen thereof, namely:- " [l9A.] The matters in respect whereof fees shall be payable Inspeotion under this Act, and the amounts of such fees; imposing fees for the fees, &0. purpose of the payment of expenses incurred by inspectors in making inspections or otherwise in the administration of this Act and prescribing the persons who shall be liable for the payment of such fees; providing for the time and manner of payment of any such fees and for the recovery of any amount thereof not duly paid." (b) By inserting in clause twenty-nine thereof after the words "the branding of such carcasses according to grades" the words" and for that purpose prescribing different brands and when and by whom such brands are to he used and the form, size, colour, and design of any and every prescribed brand and the particulars to be shown thereby". (c) By inserting the following clauses, numbered 29A and 29B respectively, after clause twenty-nine thereof, namely :- " [29A.] Prescribing the person or authority by whom or by Lioensing which licenses for slaughter-houses for poultry may be issued, of slaughter- cancelled, or suspended and generally presoribing, providing for, houses for regulating, and controlling the terms and conditions upon and subject poultry. to which such licenses may be issued, cancelled, or suspended by the prel'lcribed person or authority. [29B.] Prescribing, providing for, regulating, and oontrolling Inspection the inspection of slaughter-houses for poultry and of all poultry of slaughter- intended or apparently intended for slaughtering at any such slaughter- houses for houso (whether thereat or in the course of being conveyed thereto) poultry, &c. and of all poultry and oarcasses of poultry slaughtered at any such slaughter-house (whether thereat or being oonveyed therefrom), the funotions, powers, duties, obligations, responsibilities, and liabilities of inspectors, of owners, ocoupiers, and licensees of such slaughter-houses, of owners of poultry slaughtered or intended for

208 POULTRY. Poultry Industry Act Amendment Act. 14 GEO. VI. No. 15, 1950. slaughtering at any such slaugbter-hous<l, and of others in respect of inspections as aforesaid, including, but without limit to the generality of the power to make regulations under this clau:,e, the condemnation and disposal of any such poultry or carcasses of poultry affected or infected with disease or the flesh of which is unfit for human consumption, tests for the detection of diseases in poultry or carcasses of poultry and the application and making of such tests, and the prohibiting the keeping at or the bringing to or into any slaughter- house or any land or structure appurtenant thereto of diseased poultry or carcasses of poultry." (d) By inserting the following clauses, numbered 34A, 34B, and 340 respectively, after clause thirty-four thereof, namely:- Nomination " [34A.] Prescribing and regulating the nomination of persons of persons for appointment as members of the Advisory Board as representing ~~ r: tp~ ~ int- the poultry industry, including but without limit to the generality members of of the power to make regulations under thi,! clause- the Advisory Board as. ~ ~ ~ r; ~ : ~ : ~ ~ g industry. (a) The apportioning, where there is more than one Egg Marketing Board constituted for the time being under *', The Primary Prodncers' Organisation and Marketing Acts, 1926 to 1946," ofthe number of nominations to be made by those Egg Marketing Boards, and for this purpose, where necessary or desirable, the grouping of two or more of those Egg Marketing Boards, so that, if a group or groups are so prescribed, that group or, as the case may be, each and every such group and, where any Egg Marketing Board or Boards are not included in any such group, that Egg Marketing Board or, as the case may be, those Egg Marketing Boards shall nominate at least one person for appointment as member of the Advisory Board; (b) The method of determining the respective nominees and the making of all necessary provision in relation thereto; and (c) Prescribing and regulating all or any matters and things convenient, necessary, or expedient for the nomination of those persons. Failure to [34B.] Providing for the appointment of members of the Dominate Advisory Board (who need not be nominated as prescribed) on the member? of failure of Egg Marketing Boards constituted under *" The Primary ~ he ~ dv18ory Producers' Organisation and Marketing Acts, 1926 to 1946," or oar . prescribed groups of such Boards or the body or association of persons then named by the regulations as being connected with the poultry industry to nominate persons for appointment as members of the Advisory Board or on the failure of those nominees to accept appointment or on the failure of those nominees to act as members after appointment, and, in such latter case, providing for the cancellation of those appointments, and prescribing the periods fer which members so appointed shall hold office. Precepts. [340.] Prescribing all matters and things required to be prescribed in relation to the issue, under this Act, of precepts to and the service of such precepts on Egg Marketing Boards constituted for the time being under *" The Primary Producers' Organisation and Marketing Acts, 1926 to 1946." " * 17 G. 5 No. 20 and amending Acts.