Primary Produce Experiment Stations Act of 1927 (18 Geo v No. 9) (Qld)

1~ OlS PRIMARY PRODUCE. Primary P1'od'uce Experiment Stations Act. 18 GEO. V. No. 9, PRICKLY-PEAR LAND. See LAND, CROWN, PRIMARY PRODUCE. 18NGoe.o9. . V. An Act to Provide for the Establishment and THE Control of Primary Produce Experiment PRIMARY PRODUCE Stations, and for other purposes. EXPERIMENT STATIONS ACT OF 1927. [ASSENTED TO 26TH N OV:-EMBER, 1927.] 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:- Short title 1. This Act may be cited as "The Pn'mary Produce amnedncceomm- ent. Experiment Stations Act of 1927," and shall come into operation on a day to be fixed by the Governor in Council by Proclamation published in the Gazette. Interpreta- 2. (1.) In the Act, unless the context otherwise tion. indicates or requires, the following terms have the meanings set against them respectively, that is to say:- Authorised agent. " Authorised agent "-Any person authorised by the grower to take delivery of the primary produce of the grower: the term also includes the Committee of Direction and the State Produce Agency: the term where necessary also includes any agent, employee, or servant of an authorised agent empowered by such authorised agent to act on his behalf in taking such delivery, and also any a.gent, employee, or servant of such agent; Committee of Direct'on. "Committee of Direction"-The Committee of Direction constituted under * "The Fruit Marketing Organisation Acts, 1923 to 1925, ~ ) or any Act amending or in substitution of those Acts; '" 14 Goo. V. No. 39 and 16 Geo V. No. 23, supra, pages 10766 and 11476.

PRIMARY PRODUCE. 12019 1927. Primary Produce ExpM'imeni Stations Act. " Deliver"-Deliver or tender or cause to be Deliver. delivered or tendered to an authorised agent, and the derivatives of the word "deliver" used in this connection have a corresponding meaning; " Fund" - The Primary Produce Experiment Fund. Stations Fund established under this Act; " Grower' '-The person by whom primary produce Grower is actually grown or produced for sale, with such limitations or amplifications in the class of persons as may from time to time be prescribed: where the primary produce is grown or produced pursuant to any share- farming agreement, the term includes the parties to such agreement; "Minister"-The Secretary for Agriculture and Minister. Stock or other Minister of the Crown for the time being administering this Act ; .. Person" includes any partnership or firm and Peraon. any body of persons, corporate or unincor- porate; " Prescribed "-Prescribed by this Act; Prescribed. " Primary produce "-Any fruit, vegetable, grain, Primary cereal, or other product of the soil declared produce. to be primary produce for the purposes of this Act by the Governor in Council by Order in Council published in the Gazette, and for or in respect of which an experiment station or portion of an experiment station is or is about to be established pursuant to this Act: the term shall not include sugar-cane; "Primary produce experiment sta.tion " or Primary "Expe • riment st . ation " . -A primary produc . e e p x ro p d e ~ rI c m e ent experIment statIOn constItuted under thIs sta~ ion or Act . Ex~ eriment , statIon. " Sell" includes barter and exchange, and the Sell; sale. word " sale" has a corresponding meaning; "State Produce Agency"-The State Produce State Agency constituted under *"The State Produce r~ ~ ~ ~ ; ~ Agency Act of 1917" ; * 8 Geo. V. No. 12, 8upra, page 8261.

12020 PRIMARY PRODUCE. Primary P1"oduce Experiment Stations Act. 18 GEO. V. No. 9, This Act. "This Act "-This Act and all Proclamations, Orders in Council, and regulations made thereunder. (2.) Subject to this Act, the definitions of "citrus fruit," "deciduous fruits," "fruit," "other fruit," and "vegetables," as set forth in *"The Fruit Marketing Organisation Acts, 1923 to 1925," shall extend and apply to this Act accordingly. Power to 3. The Governor in Council may from time to time, epsrtiambalirsyh by Order in Council published in the Gazette, on the produce recommendation of the Minister, establish and maintain estxaptieornims.ent and manage so many primary produce experiment stations (hereinafter referred to as "experiment stations ") for or in respect of such primary produce as may be decla,red by Order in Council to be primary produce under and for the purposes of this Act. In regard to fruit, such experiment stations may be constituted wholly or in part in respect of all or each of certain classes of fruit, namely:- (a) Bananas; (b) Pineapples; (c) Citrus fruit; (d) Deciduous fruit; (e) All or any of other fruits in respect of which the Governor in Council, on the recommendation of the Minister, by Order in Council published in the Gazette, deems it necessary that an experiment station should be constituted, either wholly or in part, in respect thereof. Power and authorities. 4. Any experiment station hereby established may be provided with and equipped with all buildings, laboratories, machinery, and instruments necessary or proper for conducting experiments (including soil analysis) in connection with such primary produce, for the treatment of by-products thereof, for the prevention of the spread of disease in connection therewith, and otherwise for promoting the successful cultivation of such primary produce. Moreover, such experiment stations may be used for experimenting with a view to improvement in respect of the class of primary produce, " 14 Geo. V. No. 39 and 16 Geo. V. No. 23, supra, pages 10766 and 11476.

PRIMARY PRODUCE. 12021 1927. Primary Produce Experiment Stations Act. .the production thereof, the dissemination of information regarding the proper cultivation of such primary produce, and generally for the well-being of the grower and the industry concerned. 5. (1.) There shall be established at the Treasury aFund. Fund, to be called "The Primary Produce Experiment Stations Fund," out of which shall, subject to this Act, be paid all expenses incurred by the Governor in Council or the Minister in the execution of this Act. All assessments levied under this Act and all other moneys, including any penalties received or recovered under the provisions thereof, shall be paid into the Fund. The net proceeds of any primary produce produced at an experiment station and sold shall be paid into the Fund. (2.) The Governor in Council may, in any year in Endowment. which he deems it necessary and proper so to do, make a grant in aid of the Fund out of Consolidated R.evenue (which is hereby appropriated for the purpose) in such sum as the Governor in Council may approve. Any such grant when so made shall be at a rate not exceeding one pound for everyone pound paid into the Fund during the twelve months preceding such grant in respect of all assessments and fines imposed under this Act. (3.) The Minister may direct that such portion of Portion of the Fund as he may in his discretion consider necess~ ry : ; ; : e: r: f~ rbe and proper shall be applied for the purposes of carrymg investigation out inquiries and investigations in respect of the control d~ pests and or eradication of pests and diseases in respect of primary meases. produce, and such portion of the Fund shall be applied accordingly. (4.) Such Fund may be apportioned among the Apportion- experiment stations, in the event of more than one such ~ en~ of station having been constituted or established or being e: ari~ x: : : g about to· be constituted or established, in such amounts stll.tions. as the Minister may direct or as may be prescribed. 6. The Governor in Council may appoint such officers' as may be necessary for the effectual execution of the provisions of this Act, and may, out of the Fund, pay to such officers such salaries and allowances as he thinks fit:

12022 PRIMARY PRODUCE. Primary Produce Experiment Stations Act. 18 GEO. V. No. 9, Provided that any officer of the Department of Agriculture may, in addition to the position which he holds at the commencement of this Act, be appointed also to perform such duties under this Act as the Minister may direct or as may be prescribed. In the calculation of the salary and allowances of any such officer last referred to, such amount as the Minister may determine shall be apportioned in respect of his duties under this Act, and such amount so determined shall be paid out of the Fund. Care and 7. The Minister shall have and exercise the general ecxopnterroiml oefnt direction, care, and control of all such experiment stations. stations: Provided that the Minister may delegate to any officer or officers such powers, duties, authorities, and responsibilities in respect of any experiment station as he may deem fit. Any officer shall from time to time make or cause to be made such inquiries, researches, and investiga- tions as ara directed by the Minister. Assessment. 8. Subject to this Act, the Governor in Council may in every year, on the recommendation of the Minister, make and levy on a grower of primary produce to which this Act a.pplies an assessment in such sum as shall be declared by the Governor in Council by Order in Council published in the Gazette. Such Order in Council, moreover, may prescribe the method of assessment, the basis of such assessment (whether such basis shall be in respect of -the primary produce concerned produced or delivered for any specified term or otherwise as may be prescribed), the method of the collection of such assessment, as to whether such assessment shall be paid by the grower direct to the Minister or whether such assessment may be collected on the delivery of the primary produce concerned hyan authorised agent or by the Committee of Direction or the State Produce Agency or other- wise as may be prescribed. The provisions of any such Order jn Council may be added to, amended, revoked, or varied by any subsequent Order in Council. Subject to this Act or as may be prescribed, no such assessment shall be levied upon a grower other than

PRIMARY PRODUCE. 12023 1927. Primm"y Produce Experiment Stations Act. an assessment based and calculated in respect of the primary produce grown by such grower for sale and in respect of which primary produce an experiment station or part of an experiment station has been constituted and established or is about to be constituted or established under this Act. Notice of any such assessment shall be given in the manner a,nd at such time as may be prescribed to all growers of the primary produce concerned; and such notice shall also specify the date on which such assess- ment shall be paid by such grower. 9. For the purpose of enabling the Minister to Returns. recommend the amount of any assessment to be levied under this Act, and for the due collection of same, regulations may be made prescribing forms of return and statistics to be made and furnished to the Minister or any officer, and the contents thereof, by any grower, authorised agent, and any other person (whether a grower under this Act or not) by whom the same shall be made, and the time and mode of making and furnishing the same. Any authorised officer of the Department of Agri- culture shall be permitted at all reasonable times to enter into the premises and to inspect the books and accounts of any grower concerned or· of an authorised agent or other person,as may be prescribed, for the purposes of verifying such returns or for any other purpose under this Act, and make any copy or take any extract therefrom. 10. Any person guilty of any breach of or contra-Offences. vention of this Act, including the non-payment of any assessment, shall be guilty of an offence under this Act and shall be liable to a penalty not exceeding twenty pounds. asses 1 s 1 m . eAntlsl ppeanyaaltbieles ftohreoreffuenndceesr ama CO> aaiynsbt ethirsecAocvteraendd ba Y ll p& Recen.caolvtieersy' of complaint in a summary way under *" The Justices Acts, 1886 to 1924." 12. Any prosecution for the non-payment of any Prosecution assessment under this Act shall not cancel such payment ansoste t s o smcaenntO. Ol • 50 Vic. No. 17 and amending Acts, supra, pages 1132 and 11030.

12024 PRIMARY PRODUCE. Primary Produce Experiment Stations Act. 18 GEO. V. No. 9, of assessment, but such assessment shall also be a debt due from the grower to the Minister and may be recovered at the suit of the Minister or other person appointed by him in that behalf by action in any court of competent jurisdiction. Regulations. 13. (1.) The Governor in Council may from time to time make such regulations, providing for all or any purposes, whether general or to meet particular cases, as may be CO!lvenient for the administration of this Act or as may be necessary or exped~ ent to carry out the objects and purposes of this Act, and where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effert to this Act, providing for and supplying such omission or insufficiency. Without limiting the generality of the foregoing provisions, such regulations may provide for all or any of the following matters:- (i.) All matters or things required or permitted by this Act to be prescribed; (ii.) The control and management and audit of the Fund; (iii.) Prescribing further powers and conditions and the basis on which assessments under this Act shall be made, whether in respect of the quantity of the primary produce produced by the grower or on a basis in respect of the net proceeds of the produce returned to the grower, or otherwise as may be prescribed; (iv.) Any further powers necessary for the collection or recovery of any assessment under this Act, including the arrangements for the collection by the Committee of Direction or the State Produce Agency or other authorised agent of an assessment on behalf of the grower concerned ; (v.) Providing further methods of recovery or collection of any assessment, including the recovery or collection of any such assessment or portion thereof from any person holding money to the credit of the grower liable to pay such assessment, and imposing fines for non-payment of any such assessment by such person holding money to the credit of such grower;

PRIMARY PRODUCE. 12025 1927. Primary Produce Experiment Stations Act. (vi.) The apportionment, between the kinds or classes of primary produce, of the costs and expenses of any experiment station where more than one kind or class of primary produce is treated; (vii.) Generally, to give full effect to the objects and purposes of this Act. (2.) Regulations may be made on the passing of this May be Act. ; : fn~ ~f Act. (3.) The regulations may fix a penalty not exceeding May fix in any case twenty pounds for any breach thereof. penalty. 14. All Orders in Council and regulations shall be Orders in published in the Gazette, and thereupon shall be of the ~ e~ ~ ~ ~ ~ o~ d same effect as if they were enacted in this Act, and shall to fo:m part be judicially noticed, and shall not be questioned in any of th,s Act. proceedings whatsoever. Any such Order in Council may be rescinded or amended, whether by addition or otherwise, by a subse- quent Order in Council under this Act. The production of a copy of the Gazette purporting to contain any such Order in Council shall be conclusive evidence of the matters contained therein and of the power and authority to make such Order. All Orders in Council and regulations shall be laid before the Legislative AF5sembly within forty days after such publication, if Parliament is in session, and if not, then within forty days after the commencement of the next session. 15. Nothing in this Act shall prejudice, limit, or in Savmg. any wise affect the provisions of *" The Sugar Experiment Stations Acts, 1900 to 1923," and such Acts shall be and continue to be in full force and effect. PRIMARY PRODUCE-FRUIT AND VEGETABLES. See AGRICULTURE. PRIVATE LAND, MINING ON. See MINING. 64 Vic. No 17 and 14 Geo. V. No. 27, supra, pages 3426 and 10847.