Primary Producers' Organisation and Marketing Acts Amendment Act of 1935 (26 Geo v No. 35) (Qld)

15578 PRIMARY PRODUCE. Primary Organisation, Etc., Act. 26 GEO. V. No. 35, excess of that power,' it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power. Validity of Acts, &c., done. 29. All acts, matters, and things done or performed in relation to the matters and things referred to in or in connection with this Act prior to the passing of this Act are approved, ratified, confirmed, and validated, and shall for all purposes be and be deemed to have been done or performed pursuant to this Act. 26NGoe.o3. 5V. . An Act to Amend" The Primary Producers' Organi- THE PRIMARY sation and Marketing Acts, 1926 to 1932," PRODUCERS' ORGANISATION AND In certain particulars. MARKETING ACTS [ASSENTED TO 12TH DECEMBER, 1935.J B AMENDMENT ACT OF 1935. 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 Primary ~~ struction. Producers' Organisation and ~ Marketing Acts Amendment Act of 1935," and shall be read as one with *" The Primary Producers' Organisation and Marketing Acts, 1926 to 1932," herein referred to as the Principal Act. The Principal Act and this Act may collectively be cited as "The Primary Producers' Organisation and Marketing Acts, 1926 to 1935." Amendments of the Pr'incipal Act. New s. lA. 2. The Principal Act is hereby amended by the insertion therein, after section one, of the following new section numbered lA, namely:- Arecatdtsou bb J ~ ect "[ . lA.] This A . ct and any Proclamation, Order in to the Council or regulatIOn made thereunder shall be read and Co~ :on- construed subject to the Commonwealth of Australia ~~~ stitution ConstitutionAct, and so as not to exceed the legislative power of the State, to the intent that where any enactment contained in this Act or provision contained in any such Proclamation, Order in Council, or * 17 Geo. V. No. 20 and amending Acts, 8upra, pages 11659 et 8eq. See Alphabetical Table.

PRIMARY PRODUCE. 15579 1935. Primary Organisation, Etc., Act. 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." 3. In section two of the Principal Act the definition Amendment of " Commodity" is amended by the addition thereto of s. 2. of the following paragraph, namely :- "The commodity known as pigs is Pigs hereby declared to be and to have always declared a been a commodity under and for the purposes commodity. of this Act." 4. Section nine of the Principal Act is amended, Amendments as follows :- of s. 9. (a) After the third paragraph of subsection one of the said section the following new paragraph is inserted, namely:- " The commodity known as pigs is hereby declared to be and to have always been a commodity under and for the purposes of this Act." (b) Subsection seven is amended by the addition thereto of the following new paragraph, namely :- "Any such Order in Council may provide that different terms and conditions of delivery, marketing, and/or sale shall apply to different portions of the commodity according as such portions thereof are manufactured or sold or intended to be sold in different districts or localities of Queensland. Such terms and conditions may be applied by the Order in Council whereby this Act shall be or shall have been applied to the commodity either wholly or with or without modifications and/or additions or by any Order in Council amending the same. Any Order in Council so amending an Order in Council previously made shall be deemed to be merely ancillary to the Order in Council which it amends." (c) The following new subsection is hereby inserted in the said section, after subsection seven, and numbered 7 A, namely:- " (7 A.) Where a commodity or commodities has Extension or have been declared by Order in Council and a Board ° d~ stP?ctified constI . tute d b y t h e same or a su b sequent 0 r d er I . n C ounC! ·1 lo IS ca r l w ity o o r f with respect only to a specified district or locality, Board.

15580 PRIMARY PRODUCE. Primary Orgartisation, Etc., Act. 26 GEO. V. No. 35, and such Board satisfies the Minister that the common interest of and community of interest betwee~ growers within such district or locality and growers without 1'Iuch district or locality in respect of any commodity or commodities for which such Board was constituted will 'be best served by including such lastmentioned growers within such district or locality the Minister may recommend accordingly to the Governor in Council. Upon such recommendation the Governor in Council may by Order in Council (which Order shall for the purposes of this section be and be deemed to be an Order merely ancillary to the Order or Orders abovementioned) extend the specified district or locality with respect to which the commodity or commodities have been declared < and either with respect to all of such commodities or with respect to anyone or more of them) and the Board constituted as abovementioned so as to include the lastmentioned growers: Provided that any other district or locality to be included in a specified district or locality by any such extension shall be contiguous to the specified district or locality concerned, and no part of such other district or locality shall be distant more than fifty miles from the boundary of such specified district or locality. In the exercise of the powers by this subsection conferred upon him, and for the purpose of carrying into full effect the objects and purposes of this Act, the Governor in Council may by Order in Council (whether an original Order or any modification or amendment thereof or a subsequent Order) make all such adjustments and give all such directions as appear to him necessary to meet the circumstances." ~ endments 5. Section eleven of the Principal Act is amended of s. 11. as follows:- (a) Subsection one of the said section is amended by the insertion therein, after the second paragraph, of the following new paragraph, namely:- "The Minister may appoint another person with general authority to act in the room of the Director of Marketing during any absence of the said Director, and the fact that such person so acts shall be conclusive evidence of the absence of the said Director."

PRIMARY PRODUCE. 15581 1935. Primary Organisation, Etc., Act. (b) The following new subsections seven and eight are added to the said section, namely :- " (7.) No act or proceeding purporting to be done or made by the Board shall be or be held to be invalid by reason that the Board was not properly constituted or by reason of any invalidity or irregularity in the appointment or election, as the case may be, of any member or members of the Board. (8.) The provisions of this section relating to appointments of members of a Board shall not apply in respect of casual vacancies: but such casual vacancies may be filled in such manner as prescribed." 6. The Principal Act is hereby amended by the New s. 23.<1.. insertion therein, after section twenty-three, of the following new section, namely:- "[23A.] (1.) In addition to but without in any wise Prjori~ Y of limiting the provisions of *" The TV age8 Act of 1918," ~ ~ y% e~~ of and notwithstanding any Act or law or rule or process harvesting of law to the contrary, any order of which the Board costs. has written notice given by a grower of a commodity to pay any portion of the moneys due to such grower by the Board on account of the commodity to any person for and in respect of the cost of harvesting and/or carrying away such commodity from the crop shall be and constitute a charge upon such moneys and shall be paid by the Board before- (a) Any payment due in respect of such commodity for which the Board is accountable to any person whomsoever by virtue of the provisions of section twenty-two of this Act; or (b) Any order of which the Board has taken cognizance to pay to any person other than the Crown (or corporation or instrumentality representing the Crown) any portion of such moneys. (2.) Every grower of a commodity who has given Grower ~ o any order to pay any portI.On 0 f t he moneys due to such goIfvoerdnoetrlCfoer grower by a Board on account of the commodity to any payme~t of person f or an d I . n respect 0 f t h e cost 0 f h arves t l ' ng an d/ or choarsvtse. stmO' " ' carrying away such commodity from the crop shall, * 9 Geo. V. No. 19, supra, page 8495.

'15582 PRIMARY PRODUCE. Primary Organisation, Etc., Act. 26 GElo. V. No. 35, when delivering the commodity to the Board, give to the person receiving the commodity on behalf of the Board notice in writing of such order. (J.) For the purposes of this section the State Wheat Board shall be deemed to be a Board, and the Committee of Direction constituted under *" The Fruit ~ Marketing Organisation Acts, 1923 to 1934," shall be deemed to be a Board." Amendments 7. (1.) Section twenty-nine of the Principal Act is of 8. 29. amended, as follows :_ (a) Paragraph (iii.) of subsection two of the said section is repealed, and the following new paragraph (iii.) is inserted in lieu thereof, namely:- " (iii.) In establishing and maintaining a fund or funds for the purpose of effecting or providing insurance against fire, pests, hail, flood, or other casualty for the benefit of such class or classes of growers as may be prescribed; and." (b) A new paragraph (vi.) is added to subsection two, as follows :- " (vi.) In establishing and maintaining a fund for legal expenses, whether by way of compensa- tion, damages, or costs incurred or to be incurred by the Board, or which may have been incurred or may be incurred by any other Board being a party to legal prm~ eedings where such proceedings were or are of common interest to growers and Boards generally under this Act, and to the intent that contribution may be made by the Board from such fund towards the aforesaid legal expenses of such other Board, being a party to such proceedings of common interest to growers and Boards generally." !~ ~ ;: t Contribu· l ~ egal ~ expenses. (c) The following new subsection four is added to the said section, namely:- "(4.) Where any legal proceedings have been or may b e incurre d by a Board, whether in the S upreme Court or in the High Court of Australia, and being of such importance as directly or indirectly to be of common * 14 Geo. V. No. 39 and amending Acts, 8upra, pages 10766 et seq.

PRIMARY PRODUCE. 15583 1935. Primary Organisation, Etc., Act. interest to growers and Boards generally under this Act, it shall be lawful for any other Board with the approval of the Governor in Council to make a contribution payment from the funds of such Board in such amount as the Board shall think reasonable for and towards the purpose of reimbursing the funds of the Board which was party to such legal proceedings. Such contribution payment so made shall be applied in and towards the sums of money adjudged to be paid by the Board being party to the legal proceedings and in and towards the costs, charges, and expenses incurred by or payable by such Board. Any such contribution so made by the Board concerned may notwithstanding anything in the Principal Act or any other Act to the contrary be made-- (a) By a direct contribution payment by the Board out of its funds to the Board the party to the legal proceedings; or (b) In accordance with the provIsIOns of subsections one and two aforesaid." (2.) The provisions of paragraphs (b) and (c) of "yplication subsection one of this section shall apply and extend ~ aragraphs where such legal proceedings were instituted whether ( ~ ) a~ d (c) before, on, or after the passing of *" The Primary ~ ec~ io~ 1. Producers' Organisation and Marketing Acts Amendment Act of 1935" and to the intent that any contribution payments which may have been made prior to the passing of such lastmentioned Act which would have been proper and valid payments if made under the provisions of this section shall be deemed to have been and shall be proper and valid payments for all purposes. 8. Section thirty of the Principal Act is hereby Amendment amended by the insertion therein of the following new of s. 30. subsection 7 A, after subsection seven:- " (7 A.) The Queensland Cane Growers' Council shall Queensland be a body corporate, and shall by that name have g~ ~~' I'( )rs' perpetual succession and an official seal which shall be Council to judicially noticed, and shall in that name be capable ~ ~ r; o~ ~ ~ : ' in law of suing and being sued, and shall have power to take, purchase, sell, exchange, lease, and hold land, goods, chattels, and other property." .------------------------- ------- * 26 Geo. V. No. 35 (this Act).

15584 PRIMARY PRODUCE. Primary Organi8ation, Etc., Act. 26 GEO. V. No. 35, 1935. Amendments 9. Subsection one of section thirty-three of the of s. 33. Principal Act is hereby amended, as follows ; - (i.) The fifth paragraph of provision (f) of paragraph (iii.) of the said subsection, being the paragraph com- mencing with the words" Empowering a Board" and ending with the word "localities," is amended by inserting therein, before the words" of the commodity," the words "or on a particular class or particular classes of growers." (ii.) The said provision (f) of paragraph (iii.) of the said subsection is further amended by inserting therein, after the eighth paragraph, being the paragraph commencing with the words "Prescribing the basis" and ending with the word " made," the following new paragraphs, namely;- " Prescribing the class of growers for whose benefit any levy whether general or particular should be made. Prescribing conditions upon which growers may be entitled to participate in the benefit of any levy for the purpose of effecting or providing insurance." Ratification of Orders 1O. All Orders in Council made or purporting to in Co\;ncil. have been made under the Principal Act and in force or purporting to be in force at the passing of this Act are hereby approved, ratified, confirmed, and validated, and any such Order in Council shall remain in full force until it is rescinded or amended, pursuant to the powers contained in the Principal Act as amended by . this Act. PROBATE DUTIES. See SUCCESSION AND PROBATE DUTIES. PROHIBITION POLL. See LIQUOR. R.EGISTRATION OF BIRTHS. See CHILDREN (2)-ADOPTION.