Poultry Industry Act of 1946 (10 Geo Vi No. 33) (Qld)

POULTRY. PoultryIndustryAct. 10 GEO. VI. No. 33,1946. POLICE COMMISSIONER-SALARY OF. See PuBLIO SERVIOE. 353 POULTRY. An Act to Regulate the Poultry Industry and for 10 N G o E . O 3 . 3 V . I. purposes incidentalthereto, andto Consolidate PO T U H LT E RY and Amend the Law relating to Diseases in A I C N T D 0 U 1 S / T 1R9 Y 46. Poultry. [AsSENTED TO 30TH APRIL, 1946.] B 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 : - PART I.-PRELIMINARY. PART 1.- PRELIMINARY. 1. This Act may be cited as " The Poultry Industry Short title. Act of 1946." 2. This Act is divided into Parts, as follows : - Parts of Act. PART I.-PRELIMINARY; PART 1I.-ADMINISTRATION; PART IlL-THE POULTRY INDUSTRY; PART IV.-DAY-OLD CHICKENS; PART V.-DISEASES IN POULTRY; PART VI.-GENERAL. 3. Subject to the provisions hereinafter in this Repeals. section contained, the Acts specified in the First Schedule Sch. I. to this Act are repealed, to the extent in that Schedule indicated: Provided that, but without prejudice to *" The Acts Shortening Acts,"- (i.) All Orders in Council, regulations, notices, licenses, certificates of registration, orders, directions, or requisitions made, given, or issued under the repealed Acts or any of them and in force at the coming into operation of this Act shall, subject to this Act, continue v. * 31 No. 6 and amending Acts, v. 1, p. 56 et 86q. J.[

354 PART 1.- PRBLlllINABY; POULTRY. Poultry Industry A.ct. 10 GEO. VI. No. 33, in force until revoked or modified under this Act, or, as the case may be, until the due date of expiry thereof; (ii.) The person holding the office of Chief Inspector, and all inspectors and other officers appointed under or for the purpose of the repealed Acts or any of them and in office at the coming into operation of this Act, shall, subject to this Act, continue in office respectively as Chief Inspector, inspectors, and such officers without any further or other appointment; (iii.) Any right of action or power of prosecution had by or against any person under the repealed Acts or any of them at the coming into operation of this Act shall continue to be had and may be enforced as if this Act had not come into operation; (iv.) All penalties incurred under the repealed Acts or any of them before the coming into operation of this Act shall be enforceable and may be enforced as if this Act had not come into operation; (v.) All books and documents made evidence under the repealed Acts or any of them shall continue to be evidence to the same extent as if this Act had not come into operation. Interpreta. 4. In this Act, unless the context otherwise tion. indicates, the following terms have the meanings set against them respectively, that is to say,- Carcass. " Carcass "-The carcass of poultry or any part of the carcass of poultry; Day.old chicken. Destroy. Disease. "Day-old chicken "-The young of any fowl which has not distinctively developed the external characteristics of the male or female of its species; " Destroy "-To consume by fire, bury under the ground, kill, or otherwise destroy to the satisfaction of an inspector; "Disease "-Omphalitis, pullorum disease, cocci- diosis, encephalomyelitis (epidemic tremor), fowl pox, fowl typhoid, fowl cholera, fowl pest (all varieties), infectious laryngo

1946. POUI"TRY. PoultryIndustryAct. 355 PART 1.- PRELIMINARY. tracheitis, infectious catarrh, leucosis or neuro-Iymphomatosis, black-comb or pullet disease, favus, mycosis, poultry tick (Argus Persicus) , fowl tick fever (spirochcetosis) , mites (all kinds), poultry lice (all kinds), stickfast flea (Echidnophaga Gallinacea), eye- worm (oxyspirara mansoni), gapes (infestation of poultry with Syngamus trachealis) , tuber- culosis, psittacosis, tumours, vent gleet, sinu- sitis (swelled head of turkeys), turkey pox, enterohepatitis (blackhead), enteritis of ducks, salmonella infections not included in above, and any other disease affecting poultry which the Governor in Council by Order in Council declares to be a disease under and for the purposes of this Act; "Diseased poultry "-Poultry actually suffering Diseased from or affected with disease or poultry that poultry. have been in contact with diseased poultry; " District "-A district constituted under this District. Act; " Fittings "-Any pen, house, box, roost or other Fittings. structure for keeping or confining poultry, and any boxes or other articles or things whatsoever which have been brought into contact with poultry; " Fowl" -Means a cock or hen (Gallus domesticU8) Fowl. and the young thereof; " Hatchery "-Shall mean and include any holding Hatchery. or building on or in which day-old chickens are produced, and shall include poultry, incubators, plant, equipment, and fittings used in, about, or in connection with such production; " Holding "-Any farm freehold or leasehold or Holding. place where poultry are kept; "Infected area "-Any part of the State which Infected the Governor in Council has, by Order in area. Council, declared to be infected with disease, and any holding or place which has been subjected to an order of quarantine by an inspector;

356 PART 1.- PRBJ.IMINARY. Infected poultry. Inspector. Introduced poultry. Minister. Officer. Owner. Place. Poultry. Poultry dealer. POULTRY. PoultryIndustryAct. 10 GEO. VI. No. 33, " Infected poultry "-Diseased poultry, or poultry which are suspected by an inspector to be diseased or infected with disease or which in the opinion of an inspector have been in direct or indirect contact with disease within the last preceding three months; " Inspector "-An inspector appointed under this Act; " Introduced poultry "-Poultry brought into this State from any place outside this State; and " introduction" has the correlative meaning; " Minister "-The Secretary for Agriculture and Stock or other Minister of the Crown for the time being charged with the administration of this Act; " Officer"- Any inspector or other officer appointed under this Act, or any person having for the time being authority to exercise all or any powers conferred by this Act on officers within the extent of such authority; " Owner" -The owner, lessee, licensee, or occupier, whether jointly or severally, having charge or control of any holding or poultry, or the authorised agent or the superintendent of the owner; " Place "-Includes any house, shop, structure, building, ship, barge, boat, vehicle, car, shed, stall, or any land or premises whatsoever and wheresoever situated; "Poultry"-Fowls, ducks, geese, turkeys, guinea fowls and pigeons, and the young thereof, and any other birds which the Governor in Council by Order in Council from time to time declares· to be poultry under and for the purposes of this Act; " Poultry dealer "-Any person who-- (a) On his own behalf, and either alone or in connection with any other business, exercises or carries on the business or advertises or notifies that he exercises or carries on the business of buying and/or selling poultry not intended for immediate slaughter; and/or

]946. POULTRY. Poultry Ind'ustry Act. PART 1.- PRELIMINARY. (b) As an agent for others, and whether on commission or for or in expectation of any fee, gain or reward, and either alone or in connection with any other business, exercises or carries on the business, or advertises or notifies that he exercises or carries on the business, of buying and/or selling poultry; " Prescribed "-Prescribed by this Act; Prescribed. " Regulations "-Regulations made under this Regulations. Act; " This Act "-This Act and all Orders in Council This Act. and regulations and orders and directions made and/or given thereunder; " Treated "-Dipped, dressed, sprayed, inocu- Treated. lated, tested, disinfected, or treated with any medicament, in any case as a cure or detection for, or prevention of, disease; "Under Secretary"-The Under Secretary, Under' Department of Agriculture and Stock: the Secretary. term illcludes any person for the time being discharging the duties of that office. PART n.-ADMINISTRATION. PARTII.- ADMINIS- TRATION. 5. The Governor in Council may from time to time, Gove~ or in by Order in Council-' a Co p u p n o ~ m il t may (i.) Constitute any part of the State a district for districts, &c. the purposes of this Act or include in any district so constituted any part of the State not already included in a district; (ii.) Alter the boundaries of any district or districts and for that purpose may abolish any district and include same in another district or include parts thereof in two or more other districts; (iii.) Abolish any district constituted for the pur- poses of this Act; (iv.) Declare any birds to be poultry under and for the purposes of this Act ; (v.) Declare any disease affecting poultry to be a disease under and for the purposes of this Act;

358 PAlLT II.- ADlUlII8- TRATION. POULTRY. PoultryIndustryAct. 10 GEO. VI. No. 33, (vi.) Declare any part of Queensland to be an infected area with such boundaries as he thinks necessary, and alter the boundaries of such area; (vii.) Prohibit the sale or exposing for sale of any poultry and/or of any carcass of poultry within the State or within any district or districts for such period as may be fixed by the Order; (viii.) Require the inspection and disinfection of introduced poultry when and as may be prescribed; and direct that if any such poultry are infected poultry the same shall be dealt with under this Act; (ix.) Prescribe the route or method of conveyance by which infected poultry shall be taken to their destination. Poultry Advisory Board. 6. (1.) For the purpose of assisting in the develop- ment and improvement of the poultry industry in Queensland and in particular for the purpose of assisting in the improvement in the quality and health of poultry and of eggs sold for hatching,· the Governor in Council may constitute a Board to be called "The Poultry Advisory Board" (which Board is in this Act referred to as " the Advisory Board"). Membership (2.) The Advisory Board shall be deemed to be o B f o A ar d d v . isory ocof tnhsetimtuetemdboenrsatnhderferoofmanthdeshdaaltlecoonf sthiset ofifrsstevaepnpomienmtmbeenrst appointed by the Governor in Council by notification published in the Gazette, as follows, namely:- (i.) The Minister who shall be ex officio a member of the Advisory Board and shall be the chairman thereof; (ii.) The officer in Charge, Poultry Branch, Depart- ment of Agriculture and Stock, who shall be ex officio a member of the Board; (iii.) One other officer of the Department of Agriculture and Stock nominated by the Minister; (iv.) Four members nominated by the Minister after consultation with the association or associations recognised by the Minister as representative of the poultry industry:

1946. POULTRY. PoUltryIndustryAct. 359 PAl\f IL- ADJUNIS- !I!lU:!I!I"fi. Provided that at least one of such members shall represent growers supplying eggs to the Queensland Egg Board, and at least one of such members shall represent shareholders of the Poultry Farmers' Co-operative Society, Limited. (3.) The Advisory Board shall elect one of its members to be deputy chairman. The first election of deputy chairman shall be held at the meeting of· the Advisory Board first held after its appointment and thereafter, if and whenever a vacancy occurs in the office of deputy chairman, at the meeting first held after the occurrence of such vacancy. For the purposes of this section the office of deputy chairman shall be deemed to become vacant at the expiration of each prescribed period for which members, other than the ex officio members, hold office. (4.) Every member of the Advisory Board other Tenw'e of than the ex officio members thereof shall, subject to this office. Act, hold office as such for such period as is prescribed and be eligible for reappointment. (5.) Any extraordinary vacancy occurring in the Extra- office of a member of tlie Advisory Board other than ordina;{ the ex officio members by death, Tesignation or otherwise vacan Jes. howsoever shall be filled by the appointment by the Governor in Council of another member; but a member appointed to fill a vacancy shall be deemed to hold the office of his predecessor, and shall hold office only so long as his predecessor would have done had the vacancy not occurred. (6.) If a member is likely from any cause to be Deputy absent from meetings of the Advisory Board for members. more than six consecutive months, the Governor in Council may appoint a deputy (who, in the case of the Minister, need not be another Minister and in the case of the officer in charge, Poultry Branch, Department of Agriculture and Stock, need not hold such lastmentioned office, temporarily or otherwise) to act for such member during his absence. (7.) If the Minister is absent from any meeting of the Advisory Board he may, by writing under his hand, appoint a person to represent him at such meeting. If the Officer in Charge, Poultry Branch, Department of Agriculture and Stock, or the member mentioned in paragraph (ill.) of subsection two of this section is

360 PABT,n•.,:. ADMIIfllI", TIUTIOIf. POULTRY. Poultry Ind'UStry Act. 10 GEO. VI. No. 33" absent from any meeting of the Advisory Board the Minister may, by writing under his hand, appoint a person to represent the said officer in charge or such member, as the case may be, at such meeting. A person so appointed shall in respect of the meeting in question be deemed to be and have all of the powers and authorities of a member of the Advisory Board except that no representative shall preside at a meeting of the Advisory Board. Proceedings 7. (1.) Not less than four members of the Advisory o B f oAarddv. isory Board, one of whom shall be the chairman or the deputy chairman, shall form a quorum. (2.) The chairman or, in his absence, the deputy chairman, shall preside at any meeting of the Advisory Board. (3.) The chairman presiding at any meeting shall, in the event of an equal division of votes at the meeting, have a second or casting vote but the deputy chairman so presiding shall have one vote only. In the event of an equal division of votes when the deputy chairman is presiding at any meeting, the matter in question shall be deemed to be resolved in the negative, but may be raised again at any ensuing meeting. (4.) Subject to this Act, the Advisory Board shall meet at such times and conduct its business in such manner as may be prescribed or, in so far as not pre- scribed, as it may from time to time decide. (5.) Any member mentioned in paragraph (iv.) of subsection two of section six of this Act shall be entitled to such fees and allowances as are prescribed. Disqualifioa- 8. The office of a member of the Advisory Board, tions from other than an ex officio member thereof, shall become : : rAk: : : o~ vacant if such member- Board. (i.) Dies or becomes mentally sick; or (li.) 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 (ill.) Is absent without leave from three consecutive ordinary meetings of the Advisory Board of w4ich due notice has been given to him; or

1946. POULTRY. PoultryIndustryAct. 361 PARTlI.- ADlIINIS- TRATION. (iv.) Resigns his office by writing under his hand delivered to the Under Secretary; 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. 9 The Advisory Board shall, subject to this Act, Functions have power and authority to- :ttv~Ory (i.) Advise the Minister upon matters relating to Board.. or arising out of the investigation of problems of production confronting the poultry industry from time to time or at any time and the dissemination of information obtained by means of any such investigation; and (ii.) Assist the Minister in an advisory capacity in the efficient conduct of any experimental work relating to the poultry industry; and (iii.) Make to the Minister recommendations respect- ing the administration of the respective schemes prescribed pursuant to this Act for the accreditation of poultry breeding estab- lishments and the accreditation of hatcheries with power to so recommend from time to time modifications of either such scheme or both such schemes; and (iv.) Exercise, perform and undertake such further powers, duties and responsibilities as the Governor in Council may, from time to time, by Order in Council, confer or impose upon the said Advisory Board, or as may be prescribed, or as directed from time to time by the Minister. 10. (1.) The Governor in Council may from time to Inspectors, time appoint a Chief Inspector and such check egg &c. graders, live and dressed poultry graders, inspectors and other officers as may be necessary for the effectual execution of this Act: Provided that, unless the Governor in Council otherwise determines, the Officer in Charge, Poultry, Branch, Department of Agriculture and Stock, shall be deemed to be and shall have and be charged with all of the powers and duties of Chief Inspector.

362 PART 11.- ADlUNIS- TRATION. POULTRY. PoultryIndustryAct. 10 GEO. VI. No. 33, (2.) Every member of the Police Force, inspector appointed under *" The Diseases in Stock Acts, 1915 to 1944," t" The Slaughtering Act of 1898," or t" The Dairy Produce Acts, 1920 to 1944," shall, ex officio, be and be deemed to be an officer appointed under this Act. The Minister may, in writing, authorise any person to exercise all or any powers conferred by this Act on officers, and may revoke such authority. Honorary inspectors. (3.) For the purpose of the effectual execution of this Act the Minister may from time to time appoint, with power of revocation, any person as an honorary inspector under this Act. The powers and duties of an honorary inspector shall be such as may be prescribed. (4.) (i.) A certificate of appointment shall entitle any egg or poultry grader to enter upon any holding or premises where eggs or poultry, or both, are graded, or prepared for sale, where, in the opinion of the Minister, the services of a grader are desirable. (ii.) Subject to the regulations, the duties of a grader shall be- (a) To satisfy himself that eggs, or poultry, as the case may be, are graded as prescribed, and his certificate as to a grade shall be sufficient evidence of the correctness of the grading of the eggs or poultry to which such certificate relates; (b) To instruct poulterers in the grading of poultry and to ensure that poultry are graded in accordance with the regulations and sold, both wholesale and retail, in accordance with such grades and standards. PART III.- THE POUL'rRY INDUSTRY. PART IlL-THE POULTRY INDUSTRY. Applioation 1 1. (1.) The provisions of this Part of this Act shall of. t~ is Part as respects any person who carries on the business of a : :tbu= : ~t poultry dealer in respect only of poultry raised by ~ f )oultr: himself and not otherwise come into operation on a s: ltse;o: lt~ y date to be notified by the Minister by notice published rh u ~ i n s s e e dlfb o y n 1 y. in the Gazette, and (except as provided in subsection * 6 G. 5 No. 16 and amending Aots, v. 8, p. 1239 et Beq. t 62 v. No. 23, v. 8, p. 1210 et Beq. t 10 G. 5 No. 15 and amending Aots, v. 3, p. 35 et Beq.

1946. POULTRY. PoultryIndustryAct. 363 PAM'DI.- TuB P01lI4'RY INDUSTRY. two of this section) any such person shall be deemed to be not a poultry dealer for the purposes of this Part until such notice is so published. Such notice may be given by the Minister if and when recommended by the Advisory Board if, in the opinion of the Minister, the application of this Part of this Act to the business as poultry dealers of such persons is desirable to protect the health of flocks within the State. (2.) Any person referred to in subsection one of this section may, at any time during which he is exempted from the provisions of this Part of this Act, elect to apply to be registered in the Register of Poultry Stock Suppliers and, if such applicant is qualified for registration under section twelve of this Act, the Chief Inspector may cause him to be registered accordingly, and thereupon the provisions of this Part of this Act shall apply with respect to such person notwithstanding that the date referred to in subsection one of this section has not been notified by the Minister. 12. (1.) In this section the term "stock Registration supplier" means any person who carries on, either alone : : : fe~ . or in ccmnection with any other business, the business of- (i.) Hatching chickens for sale; or (ii.) Supplying fowl eggs for hatching; or (iii.) A poultry dealer, or all or any two of such businesses. (2.) The Chief Inspector shall make and keep a register to be called the Register of Poultry Stock Suppliers. (3.) The Chief Inspector shall cause to be entered in the register of poultry stock suppliers- (a) The full name and address of every stock supplier who applies for and is qualified for registration under this section; and (b) The description of the business or businesses in respect of which such stock supplier is registered; and (c) The address of each and every holding or premises in or upon which such stock supplier carries on the business or anyone or more of the businesses in respect of which he is registered; and

364 PAitT: III~ ­ THE POULTRY INDUSTRY. POULTRY. Po-llUry Ind1lstry Act. 10 GEO. VI. No. ~ 3, (d) The date of registration; and (e) Such other particulars as may be prescribed. Upon registration the Chief Inspector shall allot a registered number to the stock supplier. (4.) The register of poultry stock suppliers shall be open to inspection by any person at the office of the Officer in Charge, Poultry Branch, Department of Agriculture and Stock, Brisbane, at all times during which that department is open for the transaction of public business. (5.) A person shall not, in or upon any holding or premises, carry on the business of- (i.) Supplying day-old chickens; or (ii.) Supplying fowl eggs for hatching; or (iii.) A poultry dealer, at any time when he is not registered under this Act as a stock supplier in respect of such holding or premises and the business carried on by him therein or thereon. (6.) Every stock supplier shall be entitled to be registered as such in respect of the business or businesses as. stock supplier carried on by him, if he makes applica- tion to the Chief Inspector, pays the prescribed registration fee, and- (i.) Satisfies the Chief Inspector that each and every holding or premises in respect of which his application is made and the accommoda- tion, fittings, and equipment thereof comply in all respects with the requirements of this Act; and (ii.) Satisfies the Chief "Inspector that he has provided and will at all times have available at each and every such holding or premises suitable and sufficient facilities to enable inspectors to make inspections and to carry out the duties imposed upon them by this Act; and (iii.) Furnishes to the Chief Inspector such other information as may be prescribed. (7.) Every registered stock supplier shall pay to the Under Secretary such annual registration fee as may be prescribed not exceeding- (i.) In respect of the business of supplying day-old chickens, one pound; or (ii.) In respect of any other business, ten shillings.

POUL'l'RY. 365 1946. PoultryIndustryAct. PART III.- THE POULTRY INDUSTRY. Such annual fee for the first year shall accompany the application for registration and for the second and each subsequent year shall be paid within thirty days after the commencement of the year. If any registered stock supplier fails to duly pay his annual registration fee the Chief Inspector shall strike his name and business or, as the case may be, businesses off the register: Provided that the Minister may exempt from such payment any stock supplier whose business as such is small and not substantially his means of livelihood and all stock suppliers in such districts as may be prescribed. 13. (1.) The Under Secretary may, subject to ~ ccredita. compliance by the owner thereof with the prescribed ~ o~ ~ f . terms, provisions, and conditions, register any holding ::'dc ~ rles or premises of any stock supplier as an accredited br:e~ ~. hatchery or an accredited breeding establishment or : e~ tB. both, as the case may be. (2.) Any stock holder who is desirous of registering his holding or premises under this section shall make application in the prescribed form to the Under Secretary, accompanied by the prescribed registration fee, and upon the registration of such holding or premises the Under Secretary shall issue to him the prescribed certificate of registration of his holding or premises as an accredited hatchery or an accredited breeding establishment or both, as the case may be. Every registration of any premises granted under this -section shall continue in force until the last day of the calendar year during which the same was granted, but may from time to time be renewed for the next ensuing calendar year upon payment before the date of the expiration thereof of the prescribed renewal fee. (3.) The Under Secretary may refuse to register any hatchery as an accredited hatchery, or any breeding establishment as an accredited breeding establishment, or any business as both an accredited hatchery and an accredited breeding establishment, as the case may be, or at any time cancel any such registration without assigning any reason for such refusal or cancellation. 14. (1.) Any owner of a hatchery or breeding Offence to establishment who, at any time when such hatchery or adver~ ise red breeding establishment is not registered under this Act : : : ! ~ as an accredited hatchery or an accredited breeding

366 PART 111.- THE POULTRY INDUSTRY. POULTRY. PoultryIndustryAct. 10 GEO. VI. No. 33, establishment, as the case may be, or any stock supplier who at any time when he is not registered as a stock supplier in respect of any premises- (i.) Advertises or notifies or in any other manner represents that such hatchery or breeding establishment is an accredited hatchery or an accredited breeding establishment or, in the case of a stock supplier, that he is registered as such in respect of the premises in question; or (ii.) Has any words, signs or letters displayed in any manner whatsoever, or allows to remain unobliterated any words, signs or letters that have been so displayed over or about any land, premises, or place upon which his hatchery or breeding establishment is situated or, as the case may be, upon which he carries on his business of stock supplier, that lead to the belief or supposition that such hatchery or breeding establishment is registered as an accredited hatchery or an accredited breeding establishment or, in the case of a stock supplier, that he is registered as such in respect of the premises in question; or (iii.) Places or causes to be placed any placard, board, writing or thing in the public view to the intent that it may be believed or supposed that such hatchery or breeding establishment is registered as an accredited hatchery or an accredited breeding establishment or, in the case of a stock supplier, that he is registered as such in respect of the premises in question, shall be guilty of an offence. (2.) If the owner of any hatchery or breeding establishment, or any stock supplier, who has been convicted of an offence against this section allows the words, signs or letters, or the placard, board, writing, or thing in respect of which he was convicted to remain unobliterated or in the public view, as the case may be, for a period of three days following such conviction, any inspector may obliterate or cause to be obliterated such words, signs, or letters, or may remove or cause to be removed such placard, board, writing, or thing, and for that purpose the inspector concerned and/or any person authorised in writing by him may enter upon such

POULTRY. 367 1946. PoultryIndustryAct. PART III.- THE POULTRY INDUSTRY. hatchery or breeding establishment or other place where such letters, signs, words, placard, board, writing or other thing is or are. 15. (1.) Where the Under Secretary is satisfied Certificate that the young of poultry produced at any accredited to!eedOm hatchery or an. accredited breeding establishment are p~ orum free from pullorum disease he may issue a certificate to dIsease. that effect to the owner of such accredited hatchery or accredited breeding establishment: 'Provided that the Under Secretary may refuse to issue such certificate or may at any time cancel any such certificate without assigning any reason for such refusal or cancellation. (2.) Any stock supplier who advertises or notifies or in any way holds out that any hatchery or breeding establishment owned by him, other than an accredited hatchery or an accredited breeding establishment in respect of which a certificate as prescribed by subsection one of this section is in force is free from pullorum disease, shall be guilty of an offence and liable to a penalty of not more than fifty pounds. (3.) In any proceedings for an offence against this section the averment in the complaint that the defendant owned premises other than an accredited hatchery or an accredited breeding establishment in respect of which a certificate as prescribed by subsection one of this section is in force shall, unless such certificate is produced in evidence in respect of such premises, be sufficient evidence of the fact so averred. 16. (1.) A person shall not publish or cause to Prohib~ted be published any advertisement of any kind whatsoever : , ~ : se' relating to the supply by him of fowls not intended for . immediate slaughter or of eggs for hatching- (a) Unless such advertisement- (i.) Describes as prescribed the fowls or eggs referred to therein; and (ii.) States the name, registered number, address as registered in the register of poultry stock suppliers and place of business of such person; or (b) Which describes as accredited, approved, supervised, or guaranteed under this Act or by the Department of AgricuUure and Stock

368 PART I11.- THE POULTRY INDUSTRY. POULTRY. PoultryIndustryAct. 10 GEO. VI. No. 33, or any officer or inspector thereof the business of such person or the fowls or eggs referred to therein; or (c) Which describes as blood-tested or disease-free the fowls or eggs referred to therein or any other fowls or eggs which have not been inspected, blood-tested and certified to be free from disease under and in accordance with this Act. (2.) Any person who publishes or causes to be published any advertisement which contravenes or fails to comply with any provision of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds. °n Prohibition 17. (1.) Where the Chief Inspector is satisfied that he f: pp1y it is necessary so to do by reason of the nature or extent ~ ; . w or of any disease with which the holding or premises or poultry of any stock supplier are infected, or of the number of fowls unsuited for breeding purposes used by any stock supplier, or of the quality of the chickens hatched by any stock supplier, the Chief Inspector may, by notice in writing served upon such stock supplier, prohibit such stock supplier from supplying fowls and/or eggs for hatching. (2.) Every such prohibition shall remain in force for the period specified therein or, if no such period is so specified, until it is withdrawn by the Minister. (3.) Any stock supplier may appeal to the Poultry Advisory Board against a prohibition imposed upon him under this section. Such appeal shall be in writing addressed to the Under Secretary, shall contain a statement of the grounds thereof, and shall be made within fourteen days of the service upon such stock supplier of the notice of prohibition. (4.) The Advisory Board shalL hear and determine such appeal at such time and place as it shall decide, and may confirm, revoke or modify the prohibition appealed against. Any such prohibition confirmed or as modified by the Advisory Board shall, on and from the date of such Board's decision or such later date as such Board may fix, become and be the prohibition imposed under this section and shall have force and effect accordingly.

POULTRY; 369 1946. PoultryIndustryAct. PART IV.-DAY-OLD CHICKENS. PARTIV.- DAY-OLD CmClDIINS. 18. (l.) (a) Subject to this section, the Under Licensmgof Secretary may, upon the recommendation of the Officer ~ : ;i: Sed B t S o in Charge, Poultry Branch, Department of Agriculture determine and Stock, license or refuse to license any person as a : ~ : ld of person qualified to determine the sex of day-old chickens. chickens. (b) Licenses issued under this section shall be of two classes, namely:- (i.) A license, first class; and (ii.) A license, second class. (c) The Under Secretary shall not issue a license, first class, under this section to any person unless and until such person has obtained a ninety-five per centum pass at such examination as may be prescribed. (d) The Under Secretary may issue a license, second class, under this section to any person who has obtained a pass of ninety per centum or more, but less than ninety-five per centum at such examination as may be approved by the Minister. (e) Any holder of a license, whether first class or second class, under this section shall, if thereunto required in writing at any time or from time to time by the Officer in Charge, Poultry Branch, Department of Agriculture and Stock, inform the said officer in charge in writing of the names and addresses of all persons for whom he has determined the sex of day-old chickens during the period specified in such requisition. Moreover every such holder shall once at least in each and every calendar year not earlier than the last day of November deliver to the said officer in charge a return in writing showing the names and addresses of all persons for whom he has determined the sex of day-old chickens during the period of one year next preceding the date of such delivery and the respective numbers of day-old chickens of which the sex was determined by him for each such person. (f) Nothing in this subsection or in any other provision of this Act shall compel or be deemed to compel the Under Secretary to issue any license under this section. (2.) The Minister may at any time cancel any license Further granted under and pursuant to subsection one of kW~ : of this section, or may direct the holder thereof to present as n; , ~ s r himself for re-examination at a time and place to be licenses. appointed by the Minister.

370 PART IV.- DAY-OLD CHICKBNB. POULTRY. Pmtltry Indtlstry Act. 10 GEO. VI. No. 33, The license of any person licensed under subsection one of this section who fails to present himself at the appointed time and place for, or having so presented himself fails to pass, such re-examination shall be and be deemed to be cancelled. Where a license is cancelled under this subsection the holder thereof shall no longer be or be deemed to be licensed under and pursuant to subsection one of this section. It shall be immaterial that the holder concerned has not delivered up his license to the Under Secretary. Duration of (3.) Every license granted under subsection one of license. this section shall unless sooner cancelled remain in force for one calendar 'year from the date of the granting thereof, but may from time to time be renewed for a like period upon application for such renewal before the expiration thereof. Proof of licenses. (4.) A certificate by the Under Secretary that any person named in such certificate is licensed under subsection one of this section shall in the absence of proof to the contrary be sufficient evidence that such person is so licensed; and a certificate by the Under Secretary that any person named in such certificate is not so licensed or that the license of such person has been cancelled shall in the absence of proof to the contrary be sufficient evidence that such person is not so licensed or, as the case may be, that the license of such person has been cancelled. Any certificate purporting to be a certificate by the Under Secretary as aforesaid shall be admissible in all proceedings whatsoever, and every court, judge, and justice shall take judicial notice of the signature of the Under Secretary thereto. License to keep prescribed books and records. 19. (1.) Every person licensed under this Act as a person qualified to determine the sex of day-old chickens shall keep such books and records as may be prescribed. (2.) Every such licensee upon demand by the Officer in Charge, Poultry Branch, Department of Agriculture and Stock, or any person authorised in that behalf by the Minister, shall produce for his inspection such prescribed books and records or any of them and shall answer all questions put to him concerning his business as such licensee.

194ft POULTRY. PoultryIndustryAct. 371 :PART IV.- DAY-OLD CmCKBNS. The said Officer in Charge or such authorised person may, without fee or reward, take such notes, copies or extracts of or from such books and records or any of them as he may deem necessary. This section shall apply and extend to any person who has the custody or possession of any prescribed book or record relating to the business of any such licensee. 20. Every person licensed under this Act as a When person qualified to determine the se • x of day-old chickens l p i r c o edn u se c e e tohis shall upon demand made by an IDspector or by any license for person who proposes to engage or has engaged his inspection. services, produce to such inspector or person his license. The failure by any such licensee to produce such license upon any such demand as aforesaid shall render such licensee liable to a penalty not exceeding fifty pounds. 21. When the license of a person licensed under 'Yh en this Act as a person qualified to determine the sex of ~~ li~ ~ ~ ut; day-old chickens is cancelled the Under Secretary shall his license. forthwith serve upon such person a notice in writing requiring him to deliver up his license to the Under Secretary. Such notice may be served upon such person by delivering same to him in person or by a prepaid post letter addressed to him at his last known place of abode or business. The failure by a licensee whose license has been cancelled to deliver up his license to the Under Secretary within seven days after the service upon him of a notice as aforesaid shall render such licensee liable to a penalty of not more than twenty pounds. 22. (1.) Every person licensed under this Act as a Marking of person qualifi.ed to determit~ e the sex of day-old c?ickens : ~ ~ : ~ ~ l shall mark ID the prescrIbed manner and wIth the chickens_ prescribed stain all day-old chickens the sex of which is determined by him to be male. (2.) No person shall (and whether as principal or agent) sell, or attempt to sell, or offer for sale, or have in possession for sale any day-old chickens, other than

372 FART IV.- DAY-OLD CHICKBNS. POULTRY. PoultryIndustryAct. 10 GEO. VI. No. 33, cockerel day-old chickens the sex of which has been determined to be male by a person licensed under this Act as a person qualified to determine the sex of day-old chickens, which have been marked with a stain prescribed for the marking of cockerel day-old chickens the sex of which has been determined to be male by a person licensed under this Act as a person qualified to determine the sex of day-old chickens. (3. ) No person shall (and whether as principal or agent) sell, or attempt to sell, or offer for sale, or have in possession for sale day-old chickens the sex of which has been determined to be male by a person licensed under this Act as a person qualified to determine the sex of day-old chickens unless all such chickens are marked with the prescribed stain. (4.) Where some only of a lot of day-old chickens are marked with a stain prescribed for marking day-old chickens the sex of which has been determined by a person licensed under this Act as a person qualified to determine the sex of day-old chickens then, and in every such case, any person who (and whether as principal or agent) sells, or attempts to sell, or offers for sale, or has in his possession for sale such lot of chickens shall securely fasten or attach to the container holding such chickens a label or other notice clearly and legibly indicating that all such chickens marked with such stain are cockerels. (5.) No person shall (and whether as principal or agent) sell, or attempt to sell, or offer for sale, or have in possession for sale any day-old chickens which have been marked with any stain whatsoever by a person other than a person licensed under this Act as a person qualified to determine the sex of day-old chickens; and no person so licensed shall mark with any stain whatsoever any day-old chickens other than day-old chickens the sex of which has been determined by him to be male, or mark with a stain other than the approved stain any day-old chickens the sex of which has been determined by him to be male. (6.) Any person who contravenes or fails to comply with any provision of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds.

1946. POULTRY; PoultryIndustryAct. 373 PART IV.- DAY-OLD CHICKENS. 23. Any person, other· than a person licensed When under this Act as a person qualified to determine the ~ ~ :: ! ~ sex of day-old chickens, who- sex of day-old (a) For or in expectation of any fee, gain, or chickens. reward, and either alone or in connection with any other business, and either generally or in respect of anyone transaction, determines or purports to determine or gives an opinion upon, or advertises or notifies that he will determine, or attempt to determine, or give an opinion upon the sex of day-old chickens; or (b) Whether for or in expectation of any fee, gain, or reward, or not, and either generally or in respect of anyone transaction, determines, or purports to determine, or gives an opinion upon the sex of day-old chickens (and whether the property of himself or of any other person) which are for sale, or intended for sale, or had in possession for sale; or (c) Falsely represents himself (and whether verbally, or in writing, or by conduct, or in any other manner whatsoever) to be licensed under this Act as a person qualified to determine the sex of day-old chickens, or to be the person named in a license issued under this Act to a person qualified to determine the sex of day-old chickens, shall be guilty of an offence and liable to a penalty of not more than fifty pounds. Any inspector or member of the Police Force may seize any license issued under this Act to a person qualified to determine the sex of day-old chickens which is found by him in the possession of any person other than the person named in such license. 24. Any person who (and whether as principal When or agent) sells, or attempts to sell, or offers for sale, ~ ~ : ~ ~ ~ ; o or has in his possession for sale, or advertises or notifies sale, &c., that he has for sale , or has in his possession for sale aosr pcoucllkeetrsels male or female day-old chickens shall, unless the sex da;v-old of such day-old chickens has been determined to be chiCkens. male or, as the case may be, female by a person licensed

374 PART IV.- DAY-OLD CHICKENS. POULTRY. PoultryIndustryAct. 10 GEO. VI. No. 33, under this Act as qualified to determine the sex of day- old chickens, be guilty of an offence and liable to a penalty of not more than fifty pounds. Vendor to 25. (I.) The seller (and whether as principal or sopfecdiafyy- oseldx agent) of any day-old chickens shall inform every chickens. purchaser thereof in writing whether- (a) Such day-old chickens are of mixed sex, that is to say, that their sex has not been determined by a person licensed under this Act as a person qualified to determine the sex of day-old chickens; or (b) Such day-old chickens are cockerels, that is to say, that their sex has been determined to be male by a person licensed under this Act as a person qualified to determine the sex of day-old chickens; or (c) Such day-old chickens are pullets, that is to say, that their sex has been determined to be female by a person licensed under this Act as a person qualified to determine the sex of day-old chickens. In the event of such seller informing in writing a prospective purchaser that the day-old chickens concerned are cockerels or pullets within the meaning of paragraph (b) or paragraph (c) of this subsection, he shall, if required so to do by the purchaser, include, in writing, in such information the name of the person licensed under this Act as a person qualified to determine the sex of day-old chickens who determined the sex thereof. I t shall be sufficient compliance with the require- ments of this subsection, for, such seller to give to the purchaser an account-sales,. receipt or other document relating to the sale endorsed with the words and particulars prescribed by subsection two of this section. Account- sales, &c., to be endorsed with sex of day-old chickens. (2.) The seller (and whether as principal or agent) of any day-old chickens shall, upon every account-sales,.. receipt, or other document'.:relating to such sale issued by him to the purchaser thereof, endorse the following words and particulars, that is to say- (a) Where such day-old chickens are of mixed sex within the meaning of paragraph (a) of subsection one of this section, the words " day-old chickens" ; or

1946. POULTRY. PoultryIndustryAct. 375 PART IV.- DAY·OLD CHICKENS. (b) Where such day-old chickens are cockerels within the meaning of paragraph (b) of subsection one of this section, the words "cockerel day-old chickens" and the name of the person licensed under this Act as a person qualified to determine the sex of day- old chickens who has determined that such chickens are cockerels; or (c) Where such day-old chickens are pullets within the meaning of paragraph (c) of subsection one of this section, the words "pullet day-old chickens" and the name of the person licensed under this Act as a person qualified to determine the sex of day-old chickens who has determined that such chickens are pUllets. (3.) Information in writing given under and pursuant Warranty. to subsection one of this section, or words endorsed upon an account-sales or receipt, or other document relating to a sale of day-old chickens under and pursuant to subsection two of this section 'shall according to the nature of such information or endorsement be and be deemed to be a warranty by the seller (and whether as principal or agent) to the prospective purchaser or purchaser that the day-old chickens in respect of which such information is given or endorsement made are of mixed sex, or contain not less than ninety per centum of cockerels, or contain not less than ninety per centum of pullets within the meaning, respectively, of paragraph (a) or paragraph (b) or paragraph (c) of subsection one of this section, and that the person named as having determined any day-old chickens to be cockerels or pullets is a person licensed under this Act as qualified to determine the sex of day-old chickens, and has in fact determined the sex of such day-old chickens to be male or, as the case may be, female. (4.) Any seller (and whether as principal or agent) Offences by of day-old chickens who- dvaeyn. doolrd of (a) Fails to give to a prospective purchaser thereof chickens. the information or, if so required by such prospective purchaser, the statement in writing prescribed by subsection one of this section, or gives to such prospective pur- chaser any information or statement in writing prescribed by the said subsection which is false in a material particular; or

376 PART IV.- DAY-OLD CHICKENS. POULTRY. PoultryIndustryAct. 10 GEO. VI. No. 33, (b) Issues to the purchaser thereof an account- sales, receipt, or other document relating to a sale of day-old chickens which does not contain the endorsement prescribed by sub- section two of this section, or issues to such purchaser an account-sales, receipt, or other document relating to a sale of day-old chickens containing any endorsement pre- scribed by the said subsection which is false in a material particular; or (c) Where a number of chickens sold by him includes one or more chickens marked with a stain (whether or not so marked in the prescribed manner and/or with the prescribed stain) fails to inform the purchaser in writing signed by him that the chicken or chickens so marked is or are a cockerel or cockerels shall be guilty of an offence and shall be liable to a penalty of not more than fifty pounds: Provided that nothing in this subsection shall prejudice any civil right or remedy which any person may have against such seller: Provided further, that it shall not be a defence to a charge of an offence against this section to prove that the sale of the day-old chickens the subject matter of such charge was not completed or was rescinded. PART v.- DISEASES IN POULTRY. PART V.- DISEASES IN POULTRY. Quarantine. 26. An inspector, on being satisfied that any holding is or is suspected to be infected with any disease, may place it in quarantine by giving written notice to the occupier or, if there is no occupier, the owner either personally or by registered letter. Such notice may define the holding in question in any manner sufficient to identify such holding and it shall not be necessary to define the boundaries of such holding in such notice. Such quarantine shall continue until such area has been released by the Minister. The occupier or, if there is no occupier, the owner of a quarantined holding shall not permit any animal infected with any disease or any poultry to be removed from such holding unless such removal is authorised by an inspector.

1946. POULTRY. PoultryIndustryAct. 377 PART V •.,- DISEASES IN POULTRY = 27. The Minister may order the destruction of any Poultry. infected poultry, or of any fittings, or the treatment of : :~ tr~ any fittings, whenever in his opinion such destruction or certain cases. treatment would tend to·prevent the spread of disease. All poultry or fittings ordered to be destroyed. or fittings ordered to be treated shall be destroyed or treated in such manner as the Minister directs in his order for the destruction or treatment thereof or, failing such direction, in such manner as the inspector executing such order directs. Except as hereinafter in this section provided, no compensation shall be paid for poultry or fittings destroyed or payment made for the treatment of fittings treated pursuant to an order under this section: Provided that the Minister may upon the recom- mendation of the Advisory Board make a levy upon organisations representative of or engaged in the poultry industry and in that event may cause the proceeds of such levy to be applied in paying such compensation as the Advisory Board shall recommend to owners of poultry or fittings destroyed or treated under this section. 28. (1.) The Governor in Council may at any time ~ otifiab18 and from time to time declare by Order in Council dISease. published in the Gazette that any disease is a notifiable disease under and for the purposes of this Act. . (2.) Every owner, when any notifiable disease Owner to appears among his poultry, shall before the expiration of g} v~ . notice one week after the appearance of such disease give notice 0 ISease. thereof to the nearest inspector or to the Under Secretary, Department of Agriculture and Stock. He shall also forthwith, as far as practicable, separate and continue to keep separate all such diseased poultry from poultry not affected with disease. 29. An inspector may at any time, with or without Powers of assistants- inspector. (i.) Enter upon any holding, place, ship, vessel, or vehicle to inspect poultry or to carry out any order of the Minister or of an inspector (whether made by himself or any other inspector) if the owner has refused or neglected so to do ;

378 PARTV.- DISEASES IN POULTRY. POULTRY. PoultryIndustryAct. 10 GEO. VI. No. 33, (ii.) Examine all poultry and order to be treated any infected poultry; such examination may include the blood testing or the collection of blood samples for testing, or the conduct of any other test to ascertain if the poultry in question are diseased; . (iii.) Order the destruction of any poultry or any carcass of poultry sold or offered or exposed for sale or forwarded to or in the possession of an agent for sale (and whether the sale thereof has been completed or not) which is in his opinion unfit for human consumption by reason of disease or any other cause whatsoever; (iv.) Enter any place on or from which poultry or carcasses of poultry are or are suspected to be sold for human consumption and search for and inspect any poultry or carcasses of poultry thereon or therein and the prescribed delivery notes relating to such poultry or carcasses of poultry, including the power to seize and detain any poultry, carcass of poultry, or delivery note in respect of which there is or is suspected by the inspector to be any contravention of this Act. Offence to sell, &c., diseased poultry. 30. (1.) Any person who (and whether as principal or agent) sells, or attempts to sell, or has in his possession for sale, or forwards or delivers for sale any poultry which is unfit for human consumption by reason of disease or any other cause whatsoever shall be guilty of an offence and liable to a penalty of not more than fifty pounds. Offence to (2.) Any person who (and whether as principal or sell, &c., the agent) sells, or attempts to sell, or has in his possession d, :~ : ~ of for sale, or forwards or delivers for sale the carcass of poultry. any poultry which is diseased or unfit for human consumption, or which is the carcass of any poultry which has died otherwise than by slaughter, shall be guilty of an offence and liable to a penalty of not less than ten pounds nor more than one hundred pounds. In any proceedings for an offence against this subsection the averment in the complaint that the carcass of any poultry the subject-matter of such proceedings was for human consumption shall, in the

1946. POULTRY. PoultryIndustryAct. 37!) PARTV.- DISEASES IN POUI.TRY. absence of proof beyond reasonable doubt by the defendant to the contrary, be sufficient evidence of the fact so averred. 31. Except as hereinafter in this section provided Avp.eal to any person who thinks himself aggrieved by an order ofMuuster. an inspector may appeal to the Minister on giving to the Minister or to such inspector notice in writing within seven days after the making of such order: Provided that no appeal to the Minister shall lie against any order of an inspector made under and in pursuance of paragraph (iii.) of section twenty-nine of this Act. The Minister shall hear and determine the appeal, and his decision shall be final, and may be enforced in any court of competent jurisdiction. 32. (1.) Every person who- Offences. (a) Removes, or attempts to remove, or is in any way concerned in removing, poultry or any animal or fittings infected with any disease contrary to this Act or any order of an inspector; (b) Refuses or neglects to give any prescribed notice; . '. (c) Prevents or obstructs or attempts to prevent or obstruct an inspector or officer in the execution of the powers conferred upon him by this Act, or refuses to obey the order of an inspector ; (d) Is guilty of any breach of the regulations; shall be liable to a penalty not exceeding one hundred pounds or at the discretion of the adjudicating court to be imprisoned for any term not exceeding six months. (2.) If any owner refuses or neglects to obey the order or any part of the order of an inspector, such inspector may carry out the work at the expense of the owner upon being directed by the Minister so to do, and recover from the owner the expenses of doing the work, by action in a,ny court of competent jurisdiction. All such expenses shall also be and remain a first charge upon any poultry treated or dealt with, notwith- standing any change that may take place in the ownership of them.

380 PART V.- DISEASES IN POULTRY. POULTRY. Poultry Indtlstry Act. 10 GEO. VI. No. 33, (3.) Any poultry, fittings, or animal removed con- trary to this Act or any order of an inspector may be seized by an officer, and may, at the discretion of the Minister, either be sold or destroyed. The proceeds of every such sale shall, after deducting expenses, be paid by the officer to the Minister, and shall be placed to the credit of the Consolidated Revenue. Vendor 33. (1.) No person shall sell for human consumption purclthasin&g any poultry, or the carcass of any poultry, or any carcass fpoorure r s y a , le fco.r, 0 f pou I try, wh l ' C h poultry or bcarcass was 0 ' tamed by thciowonnnsuatomn p- hoitmherfrpoemrsaonnyaodtheleirvepreyrsnoonteunalseshsehreeinoab f ttaeirnperdesfrcormibesducaht doebltiavienry the time when such poultry or carcass of poultry was note. delivered to him. (2.) Every such delivery note shall be in writing, . shall be signed by the person from whom the poultry or carcass of poultry concerned was obtained, and shall contain the following information, namely:- (a) The name and address of the person from whom the poultry or carcass was obtained; (b) If the person mentioned in paragraph (a) hereof was not the owner of such poultry or carcass, then, in addition to his name and address, the name and address of such owner; (c) The number and species of the poultry or carcasses of poultry delivered; (d) In the case of a delivery on sale, the purchase price. (3.) Every person who sells wholesale or retail any poultry or any carcass of poultry for human consumption and who upon demand made by an inspector fails- (a) To produce to such inspector the prescribed delivery note; or (b) To satisfy such inspector that such poultry or carcass is or was poultry, or, as the case may be, the carcass of poultry produced by the person so selling same, shall be guilty of an offence and liable to a penalty of not more than fifty pounds: Provided that nothing in this subsection contained shall authorise an inspector to demand the production of a delivery note in respect of any poultry or carcass of poultry sold more than three months before the date when he makes such demand.

1946. POULTRY. PotlUry Industry Act. 381 PARTV.- DISEASES IN POULTRY. (4.) If a delivery note obtained under this section is false in a material particular, the person required by this section to obtain same shall be guilty of an offence unless he proves that he did not know and had no means of knowing of such falsity. (5.) In any proceedings for an offence against this section the averment in the complaint that any poultry, or the carcass of any poultry, or any carcass of poultry was for sale or sold for human consumption shall, in the absence of proof beyond reasonable doubt to the contrary, be sufficient evidence of the facts so averred. (6.) In this section "sell" (with its derivatives) includes offering or attempting to sell, or receiving for sale, or having in possession for sale, or exposing for sale, or sending, forwarding, or delivering for sale, or causing or suffering or permitting or allowing to be sold or offered or exposed for sale. PART VI.-GENERAL. PART VI.- GENERAL. 34. Where the fees, charges, commission, reward Agent not or other remuneration which an agent shall be entitled ~ c~ h: ~ ~ ~ ~ s to receive for or in respect of any service or transaction or i~ pl" oper relating to the sale by him as an agent "of poultry are fees, &c. prescribed, any agent who, for or iIi respect of such service or transaction, demands, receives, or retains from moneys received by him an amount ·by way of fees, charges, commission, reward, or other remuneration which is in excess of or not included in the fees, charges, commission, reward, or other remuneration, as the case may be, so prescribed shall be guilty of an offence and liable to a penalty of not more than one hundred pounds: Provided moreover that any covenant, agreement, or stipulation to payor allow or to waive or surrender any right or remedy in respect of any such excess or improper fee, charge, commission, reward, or other remuneration shall be absolutely void and of none effect whatsoever. 35. (1.) All proceedings in respect of offences against Procedure. this Act may be heard and determined in a summary way under *" The Justices Acts, 1886 to 1942." (2.) Any person who contravenes or fails to comply with any provision of this Act shall, unless for such • 50 V. No. 17 and amending Acts, v. 4, p. 363 et 8Bq.

382 PARTVI.- GBNBRAJ.. POULTRY. PoultryIndustryAct. 10 GEO. VI. No. 33, offence a penalty is expressly provided, be liable to a penalty not exceeding twenty pounds, and, if such offence is continued after a conviction therefor, to a daily penalty of not more than two pounds for each and every day during which such offence is so continued. (3.) When any proceedings are taken in respect of poultry under this Act, the Court may, notwithstanding any change that has taken place in the meantime in the ownership or possession of the poultry, give judgment against the owner of the poultry without any further name or description, and may by such judgment order that the amount of the judgment and costs be levied by seizure and sale of so many of the poultry as are necessary to satisfy the same. Cancellation (4.) If any stock supplier registered under this of Act is convicted of an offence against this Act his registration. registration shall be cancelled, and he shall be disqualified from again becoming so registered for such period as the Minister shall fix. Regulations. 36. The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be 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 section, providing for all or any of the purposes enumerated in Second the Second Schedule to this A c t . ] Schedule. When regulations, &c .• to be judicially noticed. 37. All Orders in Council and regulations made or purporting to have been made under this Act shall upon being published in the Gazette be judicially noticed. Any Order in Council made under this Act may be amended or rescinded by any later Order in Council. Orders in 38. All Orders in Council and regulations made Creoguunlcaitlioannsd under this Act shall be laid before Parliament within to be laid three weeks after the publication thereof in the Gazette, bPeafroliraement. if Parliament is then sitting, and if not, then within three weeks after the beginning of the next ensuing session of Parliament. If the Legislative Assembly passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within thirty sitting days of the House after such regulation has been laid

1946. POULTRY. PoultryIndustryAct. 383 PART VI.- GENERAL. before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. 39 This Act and every Order in Council and C:0nstruc. regulation made thereunder shall be read and construed tlOn. subject to the Commonwealth of Australia Constitut£on Act, and so as not to exceed the legislative power of the State, to the intent that where any enactment thereof or provision contained in any such 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. SCHEDULES. FIRST SCHEDULE. FIlIST SOllBDULE. Date of Act. Title of Act. Extent of Repeal. *14 Geo. V. No. 2 The Di8ea8es in Poultry Act of The Whole Act 1923 t1 Geo. VI. No. 21 The Di8ea8es in Poultry Act The Whole Act Amendment Act of 1937 t4 Geo. VI. No. 8 The Di8ease8 in Poultry Act8 The Whole Act Amendment Act of 1940 - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - ' - - - - - - - - - - - - - - - - - - SECOND SCHEDULE. SUBJECT-MATTER FOR REGULATIONS. SECOND SCHEDULE. 1. Prohibiting or regulating the movement of poultry or of Movement animals infected with any disease into, within, or out of an infected of poultry. area. 2. Prescribing and regulating the quarantine, isolation, or Isolation. separation of poultry in an infected area. Without limit to the foregoing provisions of this clause, regulations may be made- (a) Regulating and controlling the keeping of poultry in or upon any quarantined holding including the confinement of such poultry, the manner of their confinement, and the nature, construction, materials to be used in the construction, cleansing and disinfection of fowl houses and other structures, and enclosed lands in or upon which poultry are so kept or confined ; * V. 6, p. 950. t 1937 Sess. v., p. 16819. ll940 Sess. v., p. 17970.

384 S.OOND SOUDtTLE. POULTRY. Poultry Industry Ac.t. 10 GEO. VI. No. 33, (b) Prohibiting the keeping of poultry in or upon any quarantined holding exoept as presoribed and providing for the seizure and destruotion of poultry found to be kept in oontravention of 01' to be not oonfined in aooordance with the regulations in or upon any quarantined holding ; (c) Limiting the number of poultry whioh may be kept in or upon any quarantined holding. a.nd iu partioular, presoribing suoh limit upon the basis of the extent and nature of the enclosed land, fowl houses, and other struotures required to confine suoh poultry ; (d) Presoribing the period of the year during whioh the young of poultry may be hatched and/or raised in or upon any quarantined holding, and prohibiting the hatching and/or raising of the young of poultry in or upon any suoh holding during any period of the year exoept suoh pre- scribed period and providing for the seizureand destruction of any eggs found being hatohed, or young of poultry found being raised, in oontravention of the regulations ; (e) Authorising the destruotion of any oat infected with any disease found within any infeoted area, or any oat (whether infected with disease or not), found in or upon any holding in any infeoted area and not owned or olaimed by the owner of suoh holding; (f) Regulating and oontrolling the keeping of dogs and other animals infected, or likely to be infected, with any disease in any infected area, inoluding the oonfinement of suoh dogs and other animals and the manner of their oonfine- ment, and the nature, construction, materials to be used in the construotion of, oleansing and disinfection of all st·motures used for housing or oonfining suoh dogs or other animals ; (g) The powers, authorities, and duties of inspectors under and for the purposes of all or any regulations made under this olause; Different regulations may be made under this olause with respect to different diseases, and such regulations may leave any act, matter, or thing to be applied, required, regulated, controlled. dispensed with, or prohibited by an inspector either generally or in any particular case. For the purposes of this clause the term " quarantined holding" means any holding which or any part, of whioh is subjeoted to quarantine under seotion five of this Aot." Destruction 3. Prescribing and regulating the destruction or disposal of of poultry. poultry, fittings, or other things in an infeoted area, or of or used in &c. connection with infected poultry. Cleansing 4. Prescribing and regulating the cleansing and disinfection infected areas. of infected areas and holdings and fittings in whioh infected poultry have been kept. Spread of 5. Prescribing means to be adopted for preventing the spread of infection. infection or disease by any person, animal, matter, or thing. Introduced 6. Prescribing with respect to the inspection and disinfection of poultry. introduced poultry and the manner of disposal of or terms of quarantine of suoh of them as are infected poultry.

1946. POULTRY. PoultryIndustryAct. 385 SEOOND SOHEDULE. 7. Prescribing the terms of quarantine of poultry removed from Quarantine one part of the State to another part of the State. of poultry. 8. Prescribing the charges to be paid by owners while poultry are Quarantine in quarantine. oharges. 9. Prohibiting or regulating the sending or carriage on railways, Carriage of rivers, or by road or air, or in vessels within the territorial waters of stock. Queensland of any infected poultry or of any animal or thing likely to spread disease. 10. Prescribing the medicaments to be used and the means to be Treatment, adopted for treating infected poultry. &c. 11. Prohibiting or regulating the exposure of infected poultry for Exposure for sale in any place. sale. 12. Prescribing and regulating the seizure, detention, and disposal Seizure of of any infected poultry, or of diseased poultry, or of poultry unfit for poultry. human consumption, or of any carcass of poultry which is diseased or otherwise unfit for human consumption, or of any carcass of poultry which has died otherwise than by slaughter, exposed, carried, kept, or otherwise dealt with contrary to this Act, and imposing upon the owner the expenses connected with the seizure, detention, and disposal thereof. 13. Prescribing the fees payable by persons for registrations, or Fees. for the renewal of registrations, or for matters and services arising under this Act. 14. Prescribing forms for licenses and registrations, and for Forms. applications for licenses and registrations, and for the renewal thereof, and for notices and any documents or writings whatsoever under this Act. 15. Prescribing and regulating the payment and recovery of Expenses. expenses in respect of holdings and poultry. 16. Prescribing the qualifications of inspectors (other than Qualifica- honorary inspectors) and of officers appointed under this Act, and ~ ions of requiring that, before appointment, they shall give by examination or ~ pectors, otherwise satisfactory evidence of their competency. o. 17. Prescribing stains to be used for the marking of day-old Stains for chickens the sex of which has been determined to be male by a person marking licensed under this Act as a person qualified to determine the sex of cockerel day-old chickens. dchairC-okeldns. 18. Prescribing, controlling, and regulating the use and Disinfection disinfection of crates, coops, boxes, or other containers for confining of crates, &c. or transporting poultry, the persons who shall be responsible for such use and disinfection, and prohibiting the use as aforesaid of crates, coops, boxes or other containers which do not comply with or have not been disinfected as prescribed by the regulations. 19. Prescribing the fees, charges, commission, reward, or other Fees, &c. remuneration that agents shall be entitled to receive for or in respect of the services or transactions carried out by them in relation to the sale of poultry, and the maximum amounts thereof. N

386 SJilOOlm SCBBDULlIi. POULTRY. PoultryIndustryAct. 10 GEO. VI. No. 33, Registration 20. Prescribing the terms, provisions and conditions upon a.nd of stock subject to which any stock supplier may register the business of-:- supplier's business. (i.) Supplying day-old chickens; or (ii.) Supplying fowl eggs for hatching; or (iii.) A poultry dealer, and in particular in respect of any such business-c- (a) Prescribing what accommodation and equipment shall be deemed to be proper and sufficient for the purpose of any such business, prohibiting the registration or continued registration of any such business which, having regard to the nature and extent thereof, does not possess proper and sufficient accommodation and equipment as prescribed, and ensuring that all such accommodation and equipment is properly maintained and kept in an hygienic condition; (b) Prohibiting the use in any such business of fowls which have not given a negative reaction to a test for pullorum disease or which are otherwise unsuitable for breeding purposes, or of eggs unsuitable for reproduction purposes; (c) Requiring the notification within a prescribed time of any disease, providing for the isolation and/or treatment, in such manner as the Chief Inspector or a veterinary surgeon employed by the Department of Agriculture and Stock shall direct, of fowls infected or suspected by an inspector to be infected with any disease, for ensuring compliance with every such direction and for the submission for testing at a laboratory of the said Department of any fowl or fowls infected or suspected of being infected with disease; (d) Regulating and controlling the obtaining by a stock supplier carrying on the business of hatching chickens for sale of eggs other than eggs the produce of fowls kept in or upon the premises in respect of which he is registered, and prohibiting any such stock supplier from so obtaining supplies of eggs otherwise than as prescribed ; (e) Regulating and controlling the classification and description of fowls supplied by stock suppliers, and prohibiting stock suppliers from supplying fowls not classified or described as prescribed; (1) The books and records to be kept by stock suppliers, or any class of stock suppliers and the manner of keeping same; (g) The returns to be furnished by stock suppliers, the times within and the manner in which and the person to whom such returns are to be furnished, and the information to be furnished therein. Classes and 21. Prescribing classes of eggs, fixing and regulating standards standards for the various classes of eggs, and the permitted variations of eggs. (if any) from any standard prescribed in respect of any particular class of eggs.

1946. POULTRY. PoultryIndustryAct. 387 SECOl{D SCHEDULE. The power to fix and regulate standards as aforesaid shall include power to fix and regulate different standards for any prescribed class of eggs. 22. Regulating and controlling the sale of eggs, and either Sale of generally or by producers, wholesalers, and/or retailers, and eggs. prescribing what practices shall be prohibited in relation to the sale of eggs generally, or in relation to the sale of any class of eggs, or of any class of eggs of a particular standard, or in relation to the sale of eggs by producers, wholesalers, and/or retailers. 23. Regulating and controlling the processing or treatment Processing to which eggs may be subjected for the purpose of complying with and any prescribed classification and/or prescribed standard for any ~eatment prescribed classification, and prohibiting the use of any prescribed eggs. treatment or process for any such purpose. 24. Prescribing the manner in which and the persons by whom Marking of eggs of the various classes and/or standards are to be marked, and eggs. prohibiting the sale, either generally or by producers, wholesalers, and/or retailers, of eggs, or of any class of eggs, or of any class of eggs of any particular standard which do not bear the pre&cribed mark, or which bear any mark additional to the prescribed mark. The power to prescribe marks as aforesaid shall include both the power to prescribe the size, type, and particulars of the information to be set forth in any mark concerned and the power to prohibit any information other than the prescribed information from being set forth in any mark. Nothing hereinbefore contained and no regulation made here- under shall prohibit a producer from marking his name and address upon his eggs, but the regulations may prescribe the manner in which he may do so. For the purposes of this clause and of clauses twenty-one, twenty-two, and twenty-three hereof, and of any regulation made under any of such clauses, the term "sale" (with its derivatives) includes offering or attempting to sell, or receiving for sale, or having in possession for sale, or exposing for sale, or sending, forwarding, or delivering for sale, or causing or suffering or permitting or allowing to be sold or offered or exposed for sale. 25. Providing for and regulating the inspection of any place Powers of in, upon, or from which eggs are sold, whether by the producer thereof insp~ ctors or any other person, and whether wholesale or retail, including the re~ at~ g to powers of entry and search of inspectors, their powers of seizing and sa e 0 eggs. detaining any eggs in respect of which the regulations hereunder have been or are suspected to have been contravened, the manner in which any eggs so seized or detained shall be dealt with, and penalties for resisting or obstructing inspectors in the exercise or attempted exercise of their prescribed powers and duties. 26. Prescribing the adoption of hygienic methods, practices, Cleansing utensils, and materials for use in the cleansing and/or packing of and packing eggs and prohibiting the use of any such method, practice, material, of eggs. or utensil which is unhygienic.

388 SECOND SCHEDULE. POULTRY. PoultryIndustryAct. 10 GEO. VI. No. 33, 1946. Manufacture 27. Regulating and controlling the manufacture of egg-pulp, of egg-pulp. and prescribing what practices shall be prohibited in relation to the manufacture of egg-pulp. Slaughter- ing of poultry for human tcioonns. ump- 28. Regulating and controlling the slaughter of poultry for sale for human consumption, prescribing the standard of construction and/or cleanliness of any place used for such slaughter, prohibiting pthreesucsne' bfeodr ssutacnhdsalradu,ghatnedr ogfeanneryalpllyacfeorwhseicchurfianigls tthoecocmlepalnyl' iwneistsh aannyd freedom from contamination of poultry while in the course of being so slaughtered. Slaughtering 29. Controlling and regulating the slaughtering of poultry for and licensing or on sale, or for or on sale of the carcasses thereof, the licensing of of slaughter· slaughter-houses for such poultry and licensing fees, the carriage of houses. the carcasses of poultry for or on sale, the grading of such carcasses, the branding of such carcasses according to grades, prohibiting such slaughter, carriage, grading or branding otherwise than in accordance with the regulations, and regulating (which power to regulate shall include power to prohibit) the bringing into any district in which regulations made under this clause are in force, of the carcasses of poultry which have not been slaughtered, carried, graded, and/or branded in compliance with such regulations. Application 30. Prescribing by the same or another regulatic,n the district within or districts in which any regulation made under clause twenty-one, dreigsturliacttisonosf. ttwweennttyy- - ts- ewvoe,n, ttwweennttyy- - tehirgehet, , otr- wtwenetnyt- yfo- unri, ne towfetnhtiys-fSivceh, edutlweesnhtyal-lsibxe, in force. Regulating sale of antigen. 31. Regulating and controlling the sale of antigen used in the blood-testing of poultry for pullorum disease or any other disease, prescribing the persons to whom antigen may be sold for such purposes, and prohibit~ ng the sale of antigen for such purposes otherwise than in accordance with the regulations. Regulating 32. Controlling and regulating the blood-testing CIf poultry for pbteloosutoildntr- gy.of pmuupaloylnormsuumackhedtiesssuetacsthoe tgeoisrvtesa, anpyproeosstcihtrieivbreindrgeisaetcahtsieeo,nmpaarrneenstceorribbieinnbgwrathhnicdehepdfeoorwsrolmsnsafrokwuenhddo, prescribing the time within and the manner in which such positive reactors shall be disposed of, and prohibiting the blood-testing of fow Is for pullorum disease or any other disease otherwise than in accordance with the regulations, or by persons not authorised by the regulations to make such tests. Prohibiting 33. Prohibiting the removal in whole or in part of the wattles removal of of female fowls, or the branding or marking of the wattles of female wattles. fowls otherwise than in accordance with the regulations. Regulating 34. Controlling and regulating the vaccination of poultry with voafcpcoinualttriyoD. lwivhiongmvaaycccianrersy, poruetscsruicbhinvgatchceinvaaticocnin, etshetorebteurunssedtoinbaenmdatdhee bpyerssuocnhs persons, and prohibiting such vaccination except in accordance with the regulations. General. 35. .All matters required or permitted by this Act to be pre- scribed in so far as any such matter is not requir€d to be otherwise prescribed.