Poultry Industry Acts Amendment Act of 1965 (Qld)

764 (xturtz1anb ANNO QUARTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 54 of 1965 An Act to Amend "The Poultry Industry Acts, 1946 to 1%5," in certain particulars [ASSENTED TO 16TH DECEMBER, 1965] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same , as follows:- 1. (1) Short title . This Act may be cited as " The Poultry Industry Acts Amendment Act of 1965." (2) Principal Act. " The Poultry Industry Acts, 1946 to 1965," are in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may be collectively cited as " The Poultry Industry Acts, 1946 to 1%5."

Poultry Industry Acts Amendment Act of 1965, No. 54 765 2. Amendment of s. 4 . Section four of the Principal Act is amended by- (a) in the definition " Place " inserting after the word " car " the word " aircraft "; and (b) omitting the definition " Poultry dealer " and inserting in its stead the following definition:-- " " Poultry dealer "-Any person who on his own behalf or in conjunction with any other person or persons or as an agent for any other person or persons exercises or carries on the business or advertises or notifies that he exercises or carries on the business of- (a) buying poultry; or (b) selling poultry; or (c) raising poultry from the day old stage or from any other stage of life; or (d) all or any two of such descriptions of business. It is immaterial that such a business is carried on in conjunction with any other business." 3. Reconstitution of the Poultry Advisory Board . (1) On and from a day (in this section called the "appointed day ") to be fixed by the Governor in Council by Order in Council (who is hereby thereunto authorized) the Poultry Advisory Board shall be reconstituted and shall consist of nine members who shall be appointed as prescribed by section six of " The Poultry Industry Acts, 1946 to 1965." (2) The office as a member of such Board of every person holding the office of a member thereof on the day next preceding the appointed day shall be and is hereby vacated as from the last moment of that jay. (3) Appointments, as provided for by section six of " The Poultry Industry Acts, 1946 to 1965," of persons to reconstitute the Board on and from the appointed day may be made before the appointed day. Every such appointment shall have effect on and from the appointed day and not theretofore. (4) The reconstitution of the said Board as provided by this section shall not affect the continuity of its identity or any of its rights or liabilities. 4. (1) Commencement . This section shall come into operation on the date fixed by the Governor in Council under section three of this Act. (2) Amendments of s. 6 . Section six of the Principal Act is amended by- (a) omitting subsection (2) and inserting in its stead the following subsection:- " (2) Constitution of Advisory Board . The Advisory Board shall be constituted by nine members, appointed by the Governor in Council by notification published in the Gazette, as follows, namely:- (a) The Minister who ex officio shall be a member of the said Board and its chairman;

766 Poultry Industrt Acts Amendment Act of 1965. No. 54 (h) The Officer in Charge, Poultry Branch, Department of Primary Industries, who ex officio shall be a member of the said Board: (c) Another officer of the Department of Primary Industries nominated by the Minister: (d) A person representing the poultry industry generally, nominated by the Minister: (e) Two persons nominated by the Egg Marketing Boards constituted for the time being under " The Primary Producers' Organisation and Marketing Arts, 1926 to 1965 "; (f) One person nominated by a body or association of persons recognized by the Minister as representing the interests of the commercial producers of eggs; (g) One person nominated by a body or association of persons recognized by the Minister as representing the interests of the commercial producers of poultry meat; (h) One person nominated by a body or association of persons recognized by the Minister as representing those stock suppliers engaged in the business of hatching chickens for sale. If a body or association required by this subsection to nominate a person or a number of persons to be a member or members of the Advisory Board fails to nominate a sufficient number of such persons within the time prescribed the Minister may nominate a sufficient number of such persons who shall be deemed to have been nominated by the body or association who should have nominated him or them. If upon appointment as a member of the Advisory Board, the appointee fails or refuses to act as such. the Governor in Council may appoint a person. on the nomination of the Minister. to be a member of the Advisory Board in the stead of such appointee and in addition the Governor in Council shall cancel his appointment."; (b) omitting subsection (5) and inserting in its stead the following subsection- (5) Casual vacancies . Upon the occurrence of a casual vacancy in the membership of the Advisory Board the Governor in Council shall. by notification published in the Gazette. appoint a date on or before which a person is to be appointed to fill such vacancy. The appointment of a person to fill such a casual vacancy shall be made on or before the date so appointed and in the manner as prescribed by this Act in relation to the membership of the Advisory Board. If the body or association required by this subsection to nominate a person or a number of persons to be a member or members of the Advisory Board fails to nominate a person to fill such a casual vacancy at least fourteen days prior to the date appointed for the filling of such,vacancy the Minister may nominate a person who shall be deemed to have been nominated by the body or association who should have nominated him. The person appointed to fill a casual vacancy in the membership of the Advisory Board shall be appointed for the balance of the term for which his predecessor was appointed." 5. (1) Commencement . This section shall come into operation on the date fixed by the Governor in Council under section three of this Act.

Poultry Industry Acts Amendment Art of 1965. No. 54 767 (2) Amendment of s. 7 (1). Subsection (1) of section seven of the Principal Act is amended by omitting the words " four members " and inserting in their stead the words " six members ". 6. Amendments of s. 9. Section nine of the Principal Act is amended by- (a) inserting after paragraph (iA) the following paragraph:- " (iB) Make to the Minister recommendations respecting the amounts of the precepts to be issued on the owner of each and every poultry slaughter-house licensed under and pursuant to " The Meat Industry Act of 1965 "; and "; (b) in paragraph (ii) inserting after the words " the poultry industry " the words " including the progeny testing of poultry "; (c) omitting paragraph (iii) and inserting in its stead the following paragraph:- ( iii) Make to the Minister recommendations respecting the administration of the respective schemes prescribed pursuant to this Act for the accreditation of- (a) poultry breeding establishments; (b) hatcheries; (c) poultry flocks, with power to so recommend from time to time modifications of any one or more of such schemes; and ". 7. Amendments of s. 10 . Section ten of the Principal Act is amended by- (a) in subsection (1) omitting the words and symbol " live and dressed poultry graders,"; (b) in subsection (2)- (i) omitting the word and numerals The Diseases in Stock Acts, 1915 to 1949 " " and inserting in their stead the words and numerals " " The Stock Acts, 1915 to 1965 " "; and (ii) omitting the words and numerals " " 7ne Slaughtering Act of 1898 " " and inserting in their stead the words and numerals " " The Meat Industry Act of 1965 " "l (c) omitting subsection (4) and inserting in its stead the following subsection:- " (4) Subject to the regulations, a check egg grader shall satisfy himself that eggs are graded as prescribed. A certificate, purporting to be under the hand of a check egg grader, as to the grade or grades of the eggs therein specified shall be conclusive evidence of the correctness of the grading of such eggs." 8. Repeal of and new s. 108 . The Principal Act is amended by repealing section lOB and inserting in its stead the following section:- " [10B.] Payments into Fund . (1) Each and every Egg Marketing Board constituted for the time being under " The Primary Producers' Organisation and Marketing Acts, 1926 to 1965," and each and every

768 Poultry Industry Acts Amendment Act of 1965. No. 54 owner of a poultry slaughter-house licensed under and pursuant to " The Meat Industry Act of 1965," shall in respect of each financial year pay, commencing with the financial year beginning on the First day of July, 1966. to the Minister as prescribed by this section the amount required to be paid in accordance with this section. (2) For obtaining from each such Board and each such owner the amount payable by such Board or owner under this section in respect of any financial year the Minister may issue or cause to be issued a precept directed to such Board or, as the case may be , owner of a slaughter - house. Such precept shall- (a) be sufficiently authenticated if it purports to be signed by the Minister or on his behalf; (b) state the amount to be paid by the Board or owner to which or to whom it is directed; (c) require the Board or owner to which or to whom it is directed to pay such amount to the Minister on or before the date specified therein. (3) Each and every Board or owner thereunto required by a precept shall , subject to this Act, pay the amount stated in the precept in compliance in every respect with the requirements of such precept. (4) If a Board or owner fails to pay in accordance with this Act the amount required by a precept to be paid , the Minister may cause a copy of such precept to be filed in the registry of a court which has jurisdiction in relation to a personal action arising otherwise than out of an accident in which a motor vehicle is . involved in which the amount claimed is not more than the amount required by such precept to be paid. Such copy precept shall , at the time of being so filed, be endorsed with or be accompanied by a statement of the amount which the Board or, as the case may be, owner has failed to pay and such endorsement or, as the case may be, statement shall be certified as correct under the hand of the Minister. (5) Upon the expiration of sixty days after the filing of a copy precept in the registry of a court of competent jurisdiction such precept shall be of the same force and effect and all proceedings and remedies for the enforcement thereof with costs may be taken as if such precept were a judgment of the court in the registry of which such copy is filed ordering payment of the amount required by such precept to be paid together with costs. (6) (a) An Egg Marketing Board to which a precept has been directed pursuant to this section shall pay the amount of such precept from its Funds. (b) Each and every Egg Marketing Board is empowered to make a levy, the proceeds of which shall be applied to meet the amount of the precept paid by it. A levy made pursuant to this paragraph shall be and be deemed to be a levy made by it pursuant to " The Primary Producers' Organisation and Marketing Acts, 1926 to 1965," and to that extent the provisions of that Act shall with all or any necessary adaptations apply accordingly.

Poultry Industry Acts Amendment Act of 1965. No. 54 769 (7) Subject to the necessary appropriation by Parliament, the Treasurer shall in respect of each financial year pay into the Fund from Consolidated Revenue a sum not exceeding twenty thousand pounds and in addition a sum equal to the total of the amounts of all precepts issued under this section in respect of the financial year in question." 9. Repeal of and new s. 11. Section eleven of the Principal Act is repealed and the following section is inserted in its stead :- " [11.] Modification of definition for purposes of Part III. The Governor in Council may from time to time declare by Order in Council that any poultry dealer who is such by reason only of doing such act or acts specified therein and who is within such class or classes as may be therein specified shall not be a poultry dealer for the purposes of Part Ill of this Act and the term " poultry dealer " where used in that Part shall to that extent be amended accordingly. 10. Amendments of s. 12 . Section twelve of the Principal Act is amended by- (a) in subsection (1)- (i) omitting paragraph (i) and inserting in its stead the following paragraph :- " (i) Hatching day-old chickens, day-old ducklings and day-old poults or all or any two of such descriptions of day-old poultry for sale;"; (ii) omitting paragraph ( ii) and inserting in its stead the following paragraph:- ( ii) Supplying fowl eggs, duck eggs or turkey eggs or all or any two of such descriptions of eggs for hatching;"; (b) in subsection (5)- (1) omitting paragraph (i) and inserting in its stead the following paragraph:- " (i) Hatching day-old chickens, day-old ducklings or day-old poults or all or any two of such descriptions of day-old poultry for sale;": (ii) omitting paragraph (ii) and inserting in its stead the following paragraph:- (ii) Supplying fowl eggs, duck eggs or turkey eggs or all or any two of such descriptions of eggs for hatching;"; (c) in subsection (6)- (i) inserting after paragraph (ii) the following paragraph:- (iii) Satisfies the Chief Inspector that he is a fit and proper person to be a registered stock supplier; and "; (ii) re-numbering paragraph (iii) as paragraph (iv); (d) adding the following subsection:- (8) Where the Chief Inspector is satisfied- (a) that since registration a registered stock supplier has committed an offence against this Act; (b) that a registered stock supplier was registered erroneously or in consequence of any false document, statement, or representation, or fraudulent document, statement, or misrepresentation; 25

770 Poultry Industry Acts Amendment Act of 1965, No. 54 (c) that a registered stock supplier is in any other respect or respects not a fit and proper person to continue as so registered, he may by notice call upon the registered stock supplier in question to show cause within the time specified in the notice why the Chief Inspector should not cancel the registration. If the registered stock supplier fails to show cause within the time specified in the notice or within any extension of the time which the Chief Inspector may allow, the Chief Inspector may strike his name and business or, as the case may be, businesses off the register. A registered stock supplier may appeal to the Minister against the decision of the Chief Inspector to strike his name and business or, as the case may be, businesses off the register." 11. Amendment of s. 16 . Section sixteen of the Principal Act is amended by omitting subsection (1) and inserting in its stead the following subsection :- " (1) A person shall not publish or cause or permit to be published any advertisement of any kind whatsoever- (a) relating to the supply by him of fowls, ducks or turkeys not intended for immediate slaughter or of eggs for hatching, unless such advertisement- (i) describes as prescribed the fowls, ducks or turkeys or eggs referred to therein; and (ii) (where such person is registered as a stock supplier under this Act) states the name, registered number, address as registered in the register of poultry stock suppliers and place of business of such person; (b) which describes as accredited, approved, supervised, or guaranteed under this Act or by the Department of Primary Industries, the Under Secretary thereof or any officer or inspector thereof, the business of such person or the fowls, ducks, turkeys or eggs referred to therein, unless such business, fowls, ducks, turkeys or eggs are accredited, approved, supervised or guaranteed as so described; or (c) which describes as blood-tested, disease free, free from pullorum disease or any other specific disease or diseases, the fowls, ducks, turkeys or eggs referred to therein, unless such fowls, ducks, turkeys or eggs have been declared or certified pursuant to this Act as blood tested, disease free, free from pullorum disease or any other specific disease or diseases, as the case may be." 12. Amendments of s. 17. Section seventeen of the Principal Act is amended by- (a) in subsection (1) omitting the words "fowls and/or eggs for hatching " and inserting in their stead the words " fowls, ducks, turkeys and eggs for hatching, or any one or more of them.": (b) in subsection (2) by omitting the words " the Minister " and inserting in their stead the words " the Chief Inspector ";

Poultry Industry Acts Amendment Act of 1965, No. 54 771 (c) omitting subsections ( 3) and ( 4) and inserting in their stead the following subsection- (3) A stock supplier may appeal to the Minister against- (a) a prohibition imposed on him by the Chief Inspector; . and (b) any refusal of the Chief Inspector to withdraw such a prohibition." 13. Amendments of s. 18 ( 1). Subsection (1) of section eighteen of the Principal Act is amended by- (a) adding to paragraph ( a) the following paragraph:- " The sex of day-old chickens may be determined by either or both of the following methods:- (i) a direct examination of the cloaca; or (ii) an inspection of the sexual organs with the aid of an optical instrument."; (b) adding to paragraph (b) the following paragraphs:- "A license issued under this section shall state the method or, where both methods were used, methods for determining the sex of day-old chickens used by the holder thereof at the examination consequent upon which the license was issued. A license issued pursuant to this section before the commencement of " The Poultry Industry Acts Amendment Act of 1965 " shall be deemed to have stated thereon the following method for determining the sex of day-old chickens, viz., a direct examination of the cloaca and the provisions of this section shall extend and apply accordingly. Where a license issued pursuant to this section states or is deemed to state only one method for determining the sex of day-old chickens it shall, upon a pass pursuant to and in accordance with this section by the holder in respect of the other method for determining the sex of day-old chickens, state such other method thereon."; (e) omitting from paragraph (c) the words " ninety-five per centum pass " and inserting in their stead the words " ninety-seven per centum pass (d) omitting from paragraph (d) the words " 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 " and inserting in their stead the words " a pass of ninety-three per centum or more, but less than ninety-seven per centum at such examination as may be prescribed "; (e) adding the following paragraph:- " (g) A holder of a license issued pursuant to this section shall not determine the sex of a day-old chicken otherwise than in accordance with the method or, as the case may be, a method stated or deemed to be stated on that license." 14. Amendment of s. 26 . Section twenty-six of the Principal Act is amended by in the third paragraph (being the paragraph commencing with the words " Such quarantine ") inserting after the words " by the Minister " the words " or by an officer to whom the Minister (who is hereby thereunto authorized) has by writing delegated such power either generally or in respect of the area in question."

772 Poultry Industry Acts Amendment Act of 1965, No. 54 15. Repeal of and new s . 29. The Principal Act is amended by repealing section twenty-nine and inserting in its stead the following section:- [29.] Powers of inspectors . An inspector may at any time- (a) enter with such vehicles, plant, instruments, and other equipment as he deems necessary or convenient upon any place, holding, ship, vessel , vehicle, or aircraft in order to inspect and examine any poultry or eggs which are, or which he reasonably suspects are, therein; (b) inspect and examine all or any poultry or eggs found by him therein; (c) conduct therein or at any other place or partly therein or partly at another place, any e xamination for the testing of diseased poultry which examination may include blood testing or the collection of blood samples for testing; (d) stop, inspect and examine any vehicle which he has reason to believe is conveying any poultry or eggs , and inspect and examine all appliances therein, and inspect and examine any poultry or any eggs found in that vehicle; (e) call to his aid- (i) any member of the Police Force where he has reasonable cause to apprehend any obstruction in the exercise of his powers or in the execution of his duties; (ii) any person he may think competent to assist him in such inspection and examination; (J) question with respect to matters under this Act any person; and require any person to answer the questions put and to sign a declaration of the truth of his answers." 16. Amendments of s. 30. Section thirty of the Principal Act is amended by- (a) omitting the brackets and number " (1) "; (b) omitting the words " any poultry which is unfit for human consumption by reason of disease or any other cause whatsoever " and inserting in their stead the words " any diseased poultry ". 17. Repeal of and new s. 31. The Principal Act is amended by repealing section thirty-one and inserting in its stead the following section :- " [31.] Appeal from order of inspector . Save as is otherwise provided in this Act, any person who considers himself aggrieved by an order of an inspector may appeal to the Minister." 18. Amendments of s. 32 (1). Subsection (1) of section thirty-twn of the Principal Act is amended by- (a) omitting paragraph (c) and inserting in its stead the following paragraphs:- ( c) Assaults, resists, or obstructs an inspector or officer in the exercise of his powers or in the discharge of his duties under this Act or attempts so to do; (d) Fails to comply with the lawful requisition or any part of the lawful requisition of an inspector or an officer;

Poultry Industry Acts Amendment Act of 1965, No. 54 773 (e) Fails to answer any question put to him in pursuance of this Act by an inspector or gives any false or misleading answer to any such question: (f) Directly or indirectly prevents any person from appearing before or being questioned by an inspector, or attempts so to do: (g) Uses any threat or any abusive or insulting language to any inspector or officer or to an employee with respect to any inspection or examination or questioning;"; (b) re-lettering paragraph (d) as paragraph (h); (c) adding the following paragraph :- " No provision of this subsection or of section twenty-nine of this Act shall be construed so as- (a) to oblige any person to answer any question or make any statement which answer or statement would or would tend to incriminate him; or (b) to render any person liable to a penalty for failing to make such an answer or statement." 19. Insertion of new s. 34A. The Principal Act is amended by inserting after section thirty-four the following section:- " [34A.] Egg grading sad packing Boors . (1) An owner or occupier of any premises may apply to the Under Secretary for the registration of such premises as an egg grading and packing floor. Such application shall be in writing and shall- (a) be in the prescribed form ; (b) contain or be accompanied by such information as may be prescribed; and (c) be accompanied by the prescribed fee (which shall be refunded by the Under Secretary if the application is refused). (2) Upon consideration of an application under this section, the Under Secretary may- (a) grant the application subject to such conditions as may be prescribed by the regulations or, in so far as not prescribed, as he thinks fit; or (b) refuse the application without assigning any reason for his refusal. (3) Where the Under Secretary is satisfied- (a) that premises were registered as an egg grading and packing floor erroneously or in consequence of any false document, statement , or representation, or fraudulent document, statement , or misrepresentation; (b) that all or any of the conditions subject to which premises were registered as an egg grading and packing floor have not been or are not being complied with, he may by notice call upon the occupier, or where there is no occupier, the owner of the registered egg grading and packing floor concerned to show cause within the time specified in the notice why the Under Secretary should not cancel the registration.

774 Poultry Industry Acts Amendment Act of 1965, No. 54 If the occupier or, as the case may be, the owner fails to show cause within the time specified in the notice or within any extension of the time which the Under Secretary may allow, the Under Secretary may cancel the registration. (4) A person shall not grade or pack or grade and pack fowl eggs for sale unless on premises which at the relevant time are- (a) registered as an egg grading and packing floor under this section; or (b) exempt as prescribed from registration as an egg grading and packing floor. (5) This section shall be in force in such district or districts as the Governor in Council (who is hereby thereunto authorized) by Order in Council may from time to time declare." 20. Amendments of Second Schedule . The Second Schedule to the Principal Act is amended by- (a) in clause 13, inserting after the words " renewal of registration " the words " for licenses or for the renewal of licenses "; (b) in clause 20- (i) omitting paragraph (i) and inserting in its stead the following paragraph:- " (i) Hatching day-old chickens, day-old turkey poults, and day-old ducklings and in particular in respect of any such businesses providing for the inspection, regulation and control of- (a) the fumigation and cleansing of incubators , maintenance of incubators and other equipment used in the hatching of chickens, turkey poults and ducklings ; (b) the disposal of hatchery waste, cleanliness of walls, floors, ceilings, tables, trays, cartons, racks, boxes and any other permanent fixtures therein,. (c) all motor vehicles used in the conveyance of day-old chickens, day-old turkey poults, and day-old ducklings including the fumigation and cleansing of such vehicles and all fittings contained therein ; or "; vii) in paragraph (ii) inserting after the words " fowl eggs " the words " turkey eggs and duck eggs "; (iii) in paragraph (iii) omitting the words " hatching chickens for sale of eggs other than eggs the produce of fowls " in sub-paragraph (d) and inserting the words " hatching day-old chickens, day-old poults and day-old ducklings for sale of eggs other than eggs the produce of fowls, ducks or turkeys "; (c) in clause 27, inserting after the words " in relation to the manufacture of egg-pulp " the following symbols and words "; including provision for and with respect to licenses for the manufacture of egg- pulp: the conditions subject to which such licenses shall be granted, the duration thereof and all or any matters relating to the surrender, transfer, and cancellation of such licenses ";

Poultry Industry Acts Amendment Act o/ 1965, No. 54 775 (d) omitting clause 34B and inserting in its stead the following clause- " 34B. Matters relating to appeal . Providing for all or any matters in relation to appeals to the Minister provided for by this Act including the time within which such appeals shall be brought and the manner of bringing, the procedure at, and the orders that may be given on, such appeals; and different provisions may be made for different types of appeal." (e) in clause 34c, omitting all words appearing after the words of precepts " and inserting in their stead the words " and the service of such precepts ".