Primary Producers' Organisation and Marketing Acts Amendment Act of 1938 (2 Geo Vi No. 28) (Qld)

17242 PRIMARY PRODUCE. Primary Producers' Organisation, Etc., Act. 2 GEO. VI. No. 28, PRIMARY PRODUCE. 2 i1~ . o· 2i? · An Act to Amend" The Primary Producers' Organi- T: : o~ ~ : i~ ! ORGANISATION ~ ~ING sation and Marketing Acts, 1926 to 1935," in certain particulars, and for other purposes. ACTS ~ E~ ~ ~ ~ ~ § . [ASSENTED TO 1ST DECEMBER, 1938.] 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. (1.) This Act may be cited as "The Primary ~ ~~ struction. Producers' Organisation and Marketing Acts Amendment Act of 1938," and shall be read as one with *" The Primary Producers' Organisation and Marketing Acts, 1926 to 1935," herein referred to as the Principal Act. Ctitolell.ective be ci(t2e. ) d Tahs e " P T r h in e ci P pa ri l m A a c r t y a P n r d o t d h u i c s er A s' ct O m rg a a y n c is o a l t l i e o c n tiv a e n ly d Marketing Acts, 1926 to 1938." Amendments of the Principal Act. Repeal of 2. Section four of the Principal Act is repealed s a . n 4 d . new and the following new section four is inserted in lieu thereof, namely:- Council of Agriculture. " [4.] (1.) There shall be a Council of Agriculture. (2.) The Council of Agriculture shall be constituted in the manner following, that is to say ;- (i.) The Minister shall be a member; (ii.) The Director of Marketing shall, but without further remuneration other than that attaching to his office, be a member; (iii.) Each Board or group of Boards shall elect from its members a representative or repre- sentatives as hereinafter prescribed to be a member or members of the Council. For the purposes of this provision and of any enactment (not being an enactment amending *" The Primary Pro- ducers' Organisatwn and Marketing Acts, * 17 /}eo. V. No. 20 and amending Acts, 8upra, pages 11659 et 8eq.

PRIMARY PRODUCE. 1938. Primary Producers' Organisation, Etc., Act. 1926 to 1935") contained in "The Primary Prod~ lCers' Organisation and lYIarketing Acts Amendment Act of 1938," the Committee of Direction appointed under *" The Frrllit Marketing Organis'ation Acts, 1923 to 1935," shall be deemed to be a Board, the State Wheat Board shall be deemed to be a Board, and the Board constituted under t" The ]}Iilk Supply Act of 1938" for the Brisbane Milk District shall be deemed to be a Board. (3.) Each Board or group of Boards shall be entitled to elect a representative or representatives as hereinafter prescribed, that is to say:- (i.) The Committee of Direction, one repre- sentative; (ii.) The State "Wheat Board, one representative; (iii.) The Butter Board, two representatives; (iv.) The Cheese Board, one representative; (v.) The Egg Board, one representative; (vi.) The Northern Pig Board, one representative; (vii.) The Canary Seed Board, one representative; (viii.) The Barley Board, one representative; (ix.) The Arrowroot Board, one representative; (x.) The Peanut Board, one representative; (xi.) The group comprising the Plywood and Veneer Board and the Northern Plywood and Veneer Board, one representative; (xii.) The Queensland Cane Growers' Council, one representative; (xiii.) The Atherton Tableland Maize Board, one representative; (xiv.) The Cotton Board, one representative; . (xv.) The Broom Millet Board, one representative; (xvi.) The Honey Board, one representative; (xvii.) The Brisbane Milk Board, one representative. (4.) Subject to this Act, all members of the Council referred to in paragraph (iii.) of subsection two of this· section shall hold office for such period not exceeding three years as the Governor in Council shall from time to time prescribe, and shall be eligible for re-election. * 14 Geo. V. No. 39 and amending Acts, supra, pages 10766 et seq. t 2 Geo. VI. No. 27, supra, page 17201. 17243

17244 PRIMARY PRODUCE. Primary Producers' Organisation, Etc., Act. 2 GEO. VI. No. 28, (5.) Upon the constitution under this Act at any time of any new Board or Boards the Governor in Council may by Order in Council modify subsection three of this section in such manner as he shall think necessary or convenient in order to entitle such Board or Boards to be represented upon the Council, and such power to I modify shall include the power to alter the number of representatives of, or to group or regroup, any existing Board or group of existing Boards. (6.) The Minister may by writing under his hand appoint a person to act as his deputy and such person while he so acts shall be deemed to be a member of the Council and shall have power and authority accordingly. (7.) Any person who has his affairs under liquidation or is an uncertificated or undischarged bankrupt or insolvent, or has been convicted of an indictable offence, or is undergoing a sentence of imprisonment, or becomes an insane person, or is a salaried officer of the Council, shall be disqualified from being elected or appointed or from continuing a member of the Council. President and Deputy (8.) The Council shall at its first meeting held after President. each election of members elect one of its members to be President and another of its members to be Deputy President. In the absence of the President and Deputy President from any meeting the Council shall elect a member of the Council to act as President for the meeting. Vacancies. (9.) During any vacancy in the office of any member the continuing members of the Council shall act as if no such vacancy existed. oVfaficcaet. ion of vaca (1 te 0. d ) - The office of a member of the Council shall be (a) If he ceases to be a member of the Board or one of the Boards of which he is a representative; or (b) If he is or has become disqualified under this Act; or (c) If without leave obtained from the COUll(;a in that behalf he has been absent from more than two consecutive meetings of the Council; or (d) Upon death or resignation.

PRIMARY PRODUCE. 17245 1938. Primary Producers' Organisation, Etc., Act., (11.) If any vacancy occurs in the office of any Filling of member the Board or Boards whose representative ~ ~ ~ ~ : ~ ies. upon the Council such member was may elect any person qualified to be a member of the Council to fill such vacancy, and the person so elected shall be a member of the Council for the remainder of the period of office of the member whose place he takes. (12.) The Council of Agriculture shall be a body Council to corporate, and shall by that name have perpetual ~~ ~ o~ ~ ~: ' succession and an official seal which shall be judicially noticed. The Council shall be capable in law of suing and being sued, and shall have power to purchase, sell, exchange, lease, and hold land, goods, chattels, securities, and any other property whatsoever. (13.) There shall be constituted an Executive Executive Committee of the Council (herein referred to as "The ~ f~ : ~ ~ ! ~ Executive"). Such Executive shall be responsible to the Council and shall consist of six members consisting of the Pref:1ident and five other members to be appointed by the Council. Such Executive shall, subject to the Council, be charged with the administration of the business of the Council. The members of the Executive (other than the President) shall hold office during the pleasure of the Council. The President may convene meetings of the Executive at any time and from time to time. (14.) The Council shall meet not more than once in Ann~al every year, except in a case of emergency. meetmg. The annual meeting of the Council shall be held upon a date to be fixed by the Executive with the approval of the Minister: Provided that if there is no Executive in office the Minister may fix such date. The Executive may petition the Minister to convene a special meeting of the Council, and the Minister may thereupon, subject to the approval of the Governor in Council, convene such special meeting: Provided that if there is no Executive in office the Minister may convene such special meeting. ·1 I

17246 PRIMARY PRODUCE. Primary Producers' Organisation, Etc., Act. 2 GEO. VI. No. 28, ExpenSe'S. (15.) Subject to the approval of the Minister, the Council may fix the fees and/or allowances payable to members, and the Council shall pay to the members such fees or allowances so fixed: Provided that in no case shall the maximum rate of any such allowance exceed the highest travelling allowance payable under *" The Public Service Acts, 1922 to 1936." " Repeal of 3. Section five of the Principal Act and the headnote 8 an .5 d . new thereto are repealed and the following new section and headnote are inserted in lieu thereof:- "Council of Agriculture Fund. Council of [5.] (1.) There shall be established a Fund to be FAugnridc. ulture called "The Council of Agriculture Fund" which shall be charged with the payment of all expenses incurred by the Council in the execution of this Act and any such other expenses as may be approved by the Governor in Council. (2.) Such Fund shall be administered by the Council and shall be audited from time to time by officers of the Department of the Auditor-General. . (3.) The amount of all precepts duly issued by the Council shall, when received, be paid into such Fund." Amendment 4. In subsection five of section six of the Principal of8.6. Act the words "Queensland Producers' Fund" are repealed and the words "Council of Agriculture Fund" are inserted in lieu thereof. Amendment 5. Section seven of the Principal Act is amended of s. 7. as follows :- < (a) In the first paragraph the words "local producers' associations" are repealed and the words " any Board or Boards" are inserted in lieu thereof. (b) In paragraph (iv.) the words "associations· of primary producers or" are repealed. (c) The following new paragraphs numbered (v.) and (vi.) are added to the said section, namely:- " (v.) Studying markets, accumulating data regarding marketing processes and costs, disseminating correct market information, and eliminating waste and unnecessary marketing expenses; * 13 Geo. V. No. 31 and amending Acts, supra, pages 10159 et seg.

PRIMARY PRODUCE. 17247 1938. Primary Producers' Organisation, Etc., Act. (vi.) Generally doing all such things and taking all such steps as may from time to time be approved for the protection, advancement, or furtherance ofthe agricultural industry and/or of the producers engaged in that industry." 6. Section eight, including the headnote thereto, Repeal of is repealed. B. 8. 7. (1.) The following paragraph is added to Amendment subsection four of section nine of the Principal Act, of B. 9 (4). namely:- "Subject to this Act, the members of a Board constituted under this section shall hold office for a period of three years, but every such member shall be eligible for re-election." (2.) The amendment made to the Principal Act by this section shall not affect the tenure of office of any member including the chairman of a Board in office at the passing of this Act. 8. The following new subsection numbered (4B) is New B. 11 inserted after subsection (4A) of section ,eleven of the (4B). . Principal Act, namely:- " (4B.) If-the Governor in Council is satisfied that Remov~ lor the chairman or any member ofa Board has contravened~ : ! ex: : ~ ~ ~ or failed to comply with any provision of this Act or of of chairman. any other Act relating to such Board he may, and whether or not such chairman or member has been convicted of such contravention or omission, remove or suspend such chairman or member from his office as such: Provided that the chairman of a Board removed or suspended from his office as such under this subsection shall be eligible to continue as a member of the Board unless the Governor in Council upon so removing him otherwise directs. For the purposes of this subsection the Committee of Direction appointed under *"The Fruit Marketing Organisation Acts, 1923 to 1935," shall be deemed to be a Board, and the State Wheat Board shall be deemed to be a Board." * 14 .Geo. V. No. 39 and amending Acts, supra, pages 10766 et seq. M

17248 PRIMARY PRODUCE. Primary Producers' Organisation, Etc., Act. 2 GEO. VI. No. 28. New s. llA. 9. A new section IIA is inserted after section eleven of the Principal Act as follows :- Further "[11A.] In addition to any other duties and pCoowmemrsoodfity functions conferred and imposed upon it under this Act, Board. a Board appointed with respect to a commodity shall be concerned with the preservation, expansion, and economic well-being of the industry which the Board so represents, and shall be the medium of communication between the Government or, as the case may be, the Council of Agriculture and all persons engaged in or associated with such industry. Such Board shall take cognizance of all agricultural and marketing problems arising out of or associated with its particular industry, and may after consideration ofany such problem refer the same to the Council ofAgriculture." News. llB. I O. The following new section lIB is inserted after section IIA, as previously inserted by this Act, as follows :- Failure to elect or appoint representa- tive. "[l1B.] If at any time- (a) A Board or group of Boards fails to duly elect its prescribed representative or representa- tives on the Council of Agriculture; or (b) Any association or body of persons fails to elect its prescribed representative or repre- sentatives on any Board, the Governor in Council may notwithstanding such failure to elect, appoint any person or persons to be such prescribed representative or representatives." Amendment 11. Section twelve of the Principal Act is amended of s. 12. as follows: ~ (a) In the first paragraph thereof the words "in connection with the application of this Act to any commodity which is not a commodity to which this Act applies or" are inserted after the words" purpose whatsoever." (b) The words "or for any local producers' association" are repealed; also the words "or any local producers' association" twice occurring are repealed; also the words" or association" are repealed; also paragraph (c) is repealed. (c) The second paragraph of the said section, being the paragraph commencing with the words "If at any time" and ending with the words "shall ensue," is

PRIMARY PRODUCE. 17249 1938. Primary Producers' Organisation, Etc., Act. amended by inserting therein after the words "provisions of this section" the words "or that any Board has contravened or failed to comply with any other provision of this Act." (d) The following proviso is added to the said section, namely:- " Where any producers of a particular commodity to which this Act does not apply are desirous of having this Act applied with respect to such commodity, such producers may with the approval of the Minister form a provisional executive, and such executive may raise funds in such manner as the Minister approves for the purpose of taking any poll as prescribed with respect to such commodity and of discharging all such other financial obligations as may be incurred with respect to the application of this Act to the commodity concerned." 12. The following new paragraph numbered (iv.) Amendment is added to section thirteen of the Principal Act, of s. 13. namely:- " (iv.) Take such action as may be approved for, and co-operate with the Department of Agriculture and Stock, the Butter Board, the Cheese Board, and other approved bodies and persons in,- (a) Studying markets, accumulating data re- garding marketing processes and costs, disseminating correct market information, and eliminating waste and unnecessary marketing expenses; (b) Generally doing all such things and taking all such steps as may from time to time be approved for the protection, advancement, or furtherance of the industry in respect of which it was constituted and/or of the producers engaged in that industry." 13. The following new section numbered 14A is News. 14A. inserted after section fourteen of the Principal Act, namely:- "[14A.] (1.) Every Marketing Board shall insure, Marketing and keep itself insured at all times, with the Insurance !~~~~ to Commissioner or some insurer within the meaning of against . *" The Insurance Acts, 1916 to 1934," against the failure ~ ; f: ~ : ~ ~ ~ ns of any agent of such Board to duly pay to the Board all moneys so payable by him as such agent. * 7 Geo. V. No. 27 and amending Acts, supra, pages 7497 et seq.

17250 PRIMARY PRODUCE. Primary Producer8' Organi8ation, Etc., Act. 2 GEO. VI. No. 28, (2.) Every Board shall take and keep in force sufficient security from the Insurance Commissioner or some insurer licensed under *" The Insurance Acts, 1916 to 1934," for the faithful execution of his office by any officer entrusted by such Board with the custody or . control of moneys by virtue of his office. (3.) The Committee of Direction appointed under t"The Fruit Marketing Organisation Acts, tI923 to 1934," and the State Wheat Board shall each be deemed to be a Board for the purposes of both subsection one and subsection two of this section, and the Brisbane Milk Board constituted for the Brisbane Milk District under §"The Milk Supply Act of 1938" shall be deemed to be a Board for the purposes of subsection two of this section." Amendment 14. The words "and the Brisbane Milk Board of s. 28 (3). constituted under §" The M ilk Supply Act of 1938 " shall be deemed to be a Board for the commodity of milk to which a precept as aforesaid may be issued" are added to subsection three of section twenty-eight of the Principal Act. Amendment 15. (i.) Provision (d) of paragraph (n.) of subsection of 8.33. one of section thirty-three of the Principal Act is repealed. (ii.) In provision (e) of the said paragraph (ii.) the words " Queensland Producers' Fund" are repealed and the words "Council of Agriculture Fund" are inserted in lieu thereof. General Provisions. Df~ 8o: tion 16. (1.) All local producers' associations constituted ; ro~ ~ cers' under the Principal Act are hereby dissolved. All the associations. property whether real or personal, and all other assets of whatever description, and all rights, liabilities, obligations, contracts, and engagements of the dissolved local producers' associations, and each of them existing at the commencement of this Act shall without any transfer, assignment, or conveyance or notice other than this Act be divested from the dissolved associations and each of them, and shall be vested in and shall attach to and may be enforced by and against the Council. * 7 Geo. V. No. 27 and amending Acts, 8upra, pages 7497 et 8eg. t 14 Geo. V. No. 39 and amending Acts, BUpra, pages 10766 et 8eg. ~. Verbally corrected from" 1933 to 1935." § 2 Geo. VI. No. 27, BUpra, page 17201.

1938. PRIMARY PRODUCE.• Primary Producers' Organisation, Etc., Act. 1725] (2.) All proceedings and things lawfully had and done by the dissolved associations respectively shall be and continue to be in full force and effect to all intents and purposes as if the same had been done by the Council, and if the same are not completed may be continued and completed by the Council. (3.) Provided that any local producers' association Saving as to which at the commencement of this Act is a primary ~ ~~ ucers' producers' co-operative association registered under ass?ciations *"The P n . mary P roducers ' 0 o-operatw . e A ssoc . ~ a . twns A cts, aresgpIsritemreadry 1923 to 19 • 34," shall . co • ntinue to be a primary • producers' p c r o o - d o u p c e er ra t~ l ' ve co-operatIve assoCIatIOn under such lastmentIOned Acts associations. until dissolved under the provisions of such lastmentioned Acts, notwithstanding that it has been dissolved as a local producers' association under this Act; and the provisions of *" The Primary Producers' Oo-operative Associations Acts, 1923 to 1934," shall apply and extend to such local producers' association so registered under such lastmentioned Acts accordingly. I 7. All moneys to the credit or debit of the Closure of Queensland Producers' Fund established under section ~ : ~ ~ ~ : ~ , d five of the Principal Act shall on the commencement of Fund. this Act be transferred to the credit or debit, as the case may require, of the Council of Agriculture Fund. IS. Upon the constitution of the Council under Assets and this Act all assets and liabilities of the dissolved Council ~ ; ~ ~ ! ties shall be transferred to and vested in the Council. dissolved Council. 19. It is hereby declared that no disability imposed Validation by t he P rm· C.Ipa1 Act or any other Act or awlor lru e ocefrotfafiince of or process of law and incurred prior to the passing chairmen of of this Act disqualifies or ever has disqualified or Boards. shall disqualify any chairman of a Board in office at the passing of this Act from holding office as such, but that any such chairman who incurs any disqualification under the Principal Act as amended by this Act or under any other Act at any time after the passing of this Act . shall thereupon become and be disqualified from holding office as such. * 14 Geo. V. No. 45 and amending Acts, supra, pages 10776 et seq.

17252 PRIMARY PRODUCE. Primary Producers' Organisation, Etc., Act. 2 GEO. VI. No. 28, 1938. Nothing in this section shall prevent or be deemed to prevent the Governor in Council from removing or suspending from his office as such any chairman of a Board under and pursuant to the powers conferred upon the Governor in Council in that behalf by the Principal Act as amended by this Act. Transition Provisions. Continuation 20. (1.) The Council of Agriculture as constituted = ! ~ nstitu- under the Principal Act shall continue in office until tion. the Council of Agriculture to be constituted under the Principal Act as amended by this Act shall be so constituted. Orders, &c., (2.) Any Order in Council and/or regulation deemed sreti-tcuotni-ng necessary or desirable for the reconstitution of the Council Council ofAgriculture under the Principal Act as amended mmaadyeboen by this Act may be made on the passing of this Act. passing of this Act. PROFITEERING PREVENTION. See MEROANTILE. PUBLIC CURATOR. See CONSTITUTION (THE APPROPRIATION AOT No. I).