Primary Producers' Organisation and Marketing Acts Amendment Act of 1951 (15 Geo Vi No. 25) (Qld)

POLICE—PRIMARY PRODUCE. 15 G eo . VI. No. 25,1951. Primary Producers' Organisation, Etc., Act. 485 7. Section forty of the Principal Act is amended Amendments as f m o i l i lows:— or S. 40. (a) Subsection one thereof is amended by inserting therein, after the words “ other than the Commissioner”, the words the Deputy Commissioner (b) The following subsection is inserted after subsection four thereof, namely:— “ (4 a . ) Upon his retirement from the Police Force the Deputy Commissioner shall be entitled to a Xjwance of superannuation allowance at the rate of seven hundred *£ruty and fifty pounds per annum— miSioner. (а) If he shall have served for fifteen years or over in the Police Force ; or ( б ) If, not having served for fifteen years in the Police Force, he shall have been retired therefrom under and in pursuance of section thirty-seven of this Act.” PRIMARY PRODUCE. An Act to Amend “The Primarv Producers’ Organ­ 15 N G O B . O 2 . 5 V . I. isation and Marketing Acts, 1926 to 1946,” TP hreo P durcimearrs ’ y O rganisation in certain Particulars. AND M arketing [A ssented to 3 rd O ctober , 1951.] A mendment A ct of 1951. 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:— 1. This Act may be cited as “The Primary short title Producers’ Organisation and Marketing Acts construction. Amendment Act of 1951” and shall be read as one with *“The Primary Producers’ Organisation and Marketing Acts, 1926 to 1946”, herein referred to as the Principal Act. * 17 G. 5 No. 20 and amending Acts.

486 PRIMARY PRODUCE. Primary Producers’ Organisation, Etc., Act. 15 G eo . VI. No. 25, Ctitollele. ctitve ......The Principal Act and this Act may be collectively cited as “The Primary Producers’ Organisation and Marketing Acts, 1926 to 1951”. Amendment of s. 12. 2. Section 12 of the Principal Act is amended by repealing the second paragraph thereof (being all words therein from and including the words “If at any time” to and including the words “such Board had not been dissolved”) and by inserting in lieu of that repealed paragraph, the following paragraphs, namely:— “If at any time the Governor in Council is satisfied that the Council or a Board has contravened any provision of this Act or, in the case of a Board, of any Order in Council, the Governor in Council may, by Order in Council, remove all or any of the members of the Council or, as the case may be, Board and appoint persons to be members thereof in place of the persons so removed. The Governor in Council may by that Order in Council or by a later Order in Council direct that an election of persons to take the place of the persons removed as aforesaid be held and may give all such directions as. he deems necessary with respect to the holding of that election. Persons appointed by the Governor in Council to take the place of those removed from office as aforesaid shall, subject to this Act, hold office pursuant to such appointment for the remainder of the term of office of those removed persons unless an election is sooner held as aforesaid when they shall go out of office upon the conclusion of that election. The Governor in Council may with respect to the Council or a Board which has contravened any provision of this Act or, in the case of a Board, of any Order in Council exercise the powers conferred upon him by this section notwithstanding that the Council or that Board has not been prosecuted or convicted for an offence under this Act in respect of that contravention or that the Council or that Board is not liable to be punished at law as for an offence in respect of that contravention.”

1951. PRIMARY PRODUCE. Primary Producers’ Organisation, Etc., Act. 487 3. The following sections are inserted after section New sections twelve of the Principal Act, namely:— 120 ’ 12 *’ and 12 e inserted. “[12 a .] (1.) (a) It shall he the duty of any and Duty of every Board which in relation to the commodity for Board- which it is constituted is a Marketing Board to ensure that the reasonable requirements of consumers (being consumers who consume the supplies of that commodity ordinarily marketed in Queensland by the Board) of that commodity will he supplied at any and every place _ throughout the © State of Queensland, at any and every time, and at the price lawfully payable by the consumers concerned for that commodity. ( b ) Where, by reason of any growers of a commodity acting or threatening to act in concert, the reasonable requirements of consumers of that commodity are not being supplied or, in the case of threatened action as aforesaid, there is a likelihood will not be supplied, then the Marketing Board constituted for that commodity shall he deemed to fail in its duty under this section unless, forthwith upon the commencement of the aforesaid action or the making of the aforesaid threat, that Board shall have taken and done under and as prescribed by this Act the steps, acts and things necessary for ensuring against any deprivation, whether presently or at any future time, of reasonable supplies of the commodity in question to any consumers in Queensland thereof. With respect to any action or threat as aforesaid subsisting at the date of the passing of *“The Primary Producers’ Organisation and Marketing Acts Amendment Act of 1951” the word “forthwith” shall in this paragraph mean “within two days after the date of the passing of the said amendment Act.” (2) Any and every Board shall, at all times, take and do all such steps, acts and things as are necessary for the due performance by that Board of the duty imposed upon it by this section and in particular (a) Shall, with respect to future peripds of time, determine in advance the aggregate quantity of the commodity required for marketing in Queensland, which aggregate * This Act.

488 PRIMARY PRODUCE. Primary Producers’ Organisation, Etc., Act. 15 G eo . VI. No. 25, quantity shall be sufficient to enable the due and proper performance by the Board of the duty imposed upon it by this section; and (b) Shall, by notice given to any and every grower of that commodity require him to produce and to deliver to the Board, during any period of time with respect to which the Board has made a determination under paragraph (a) of this subsection, a specified quantity of that commodity and impose upon him either by that notice or by any subsequent notice all such further or other requirements (including the delivery daily or at specified times during the relevant period of amounts of the specified quantity of the commodity) as the Board shall deem necessary to ensure compliance by him with the requirement firstmentioned in this paragraph. For the purpose of ensuring compli­ ance with the requirement firstmentioned in this paragraph subsequent notices may be given in like manner to the notice required by this paragraph from time to time and any such subsequent notice may be varied by any subsequent such notice. (3) Any and every notice required by paragraph ( b ) of subsection two of this section to he given to a grower of a commodity— (a) Shall require that grower to produce and deliver to the Board a quantity of the commodity which together with the respective quantities thereof required to be produced and delivered to the Board by all other growers thereof during the period to which the' notice relates will he equal to the aggregate quantity determined by the Board in respect of that period; (b) May specify the quantity of the commodity to be produced and delivered as thereby required as— (i.) A fixed amount; or

1951. PRIMARY PRODUCE. Primary Producers’ Organisation, Etc., Act. 489 (ii.) A proportion of the total quantity produced by the grower during the relevant period; (c) May he given to the grower— (i.) By personal service upon him or by post or by telegraph at his place of business; or (ii.) By publication in the Gazette, in which case it may be addressed to growers of the commodity concerned generally. (4.) Any and every grower shall comply in every respect with the requirements of a notice under this section given to him and for any failure to do so shall be liable, if a corporation, to a penalty of not more than five hundred pounds or, if not a corporation, to a penalty of not more than one hundred pounds: Provided that a grower shall not, with respect to any notice given under this section, be convicted for an offence under this subsection if the adjudicating court is satisfied— (a) That circumstances beyond his own control prevented him from complying witlh the requirements of that notice; and fib) That, except to the extent to which he was prevented from so doing by circumstances beyond his own control, he complied in every > respect with the requirements of that notice: Provided further that a grower shall not, with respect to any notice given under this section, be convicted for an offence under this subsection in relation to any of the commodity in question which the adjudicating court is satisfied is the subject of an inter-State transaction entered into by that grower bona fide and not in any way for a purpose of evading or avoiding the requirements of that notice. [ 12 b .] (3.) In this section the term “authorised” special person means a person authorised in writing by a Board a°Bo!ua°f to exercise the powers specified in this section. * " * The Board may so authorise any person either generally or with respect to a specified grower or specified growers. .

490 PRIMARY PRODUCE. Primary Producers’ Organisation, Etc., Act. 15 G eo . YI. N o . 25, The Board shall direct an authorised person to exercise those powers with respect to any grower whom the Board knows or suspects to be not complying in every respect with the requirements of any notice under section 12 a of this Act. (A) An authorised person may— . (a) At any time enter any land, premises or f place wherein or whereon any grower of the commodity in relation to wluch the Board authorising him to exercise the powers specified in this section is constituted . carries on the business or any part of the business of such a grower; (&) Therein or thereon search .for that commodity and inspect and take particulars of any quantity thereof found by him; (c) Request the grower or any person in charge or apparently in charge of the land, , premises or place in question, or of the production therein or thereon of the commodity, or of any accounts, books or other records relating to the business carried on therein or thereon to answer questions put by that authorised person relative to ; the production therein or thereon of the commodity in question and, with respect to accounts, books, and other records as aforesaid, or any of them, require the production thereof and make copies of or extracts from the same or of particular entries therein; ( d ) Seize any quantity of any commodity in respect of which it appears to him that the requirements of a notice under section 12 a . of this Act are not being complied with in • every respect. (5.) For effecting the seizure of any quantity of a commodity pursuant to his powers in that behalf under this section an authorised person may give to the grower of that commodity or to the person apparently in charge of the land, premises or other place wherein or whereon it is found by that authorised person a notice in writing stating that the quantity

1951. PRIMARY PRODUCE. Primary Producers’ Organisation, Etc., Act. stated in that notice of the commodity specified therein has been seized by that authorised person and requiring the grower, his agents and employees to take and do with respect to the storage of that commodity all such steps, acts and things as are set out in that notice. A notice as aforesaid may identify any quantity of a commodity by reference to the land, premises or place whereon or wherein that commodity is found by the authorised person giving that notice or in any other manner sufficiently identifying the commodity and the quantity thereof to which that notice relates. Every grower and every agent or employee of a grower shall comply in every respect with the requirements of a notice given under this section with respect to any quantity of a commodity produced by that grower. (4.) Any quantity of a commodity seized under the authority of this section may be dealt with by the Board in question as it thinks fit. On and after the seizure as aforesaid of any quantity of a commodity the grower thereof shall hold and deal with the same at the direction of the Board and not otherwise howsoever. Any grower or any employee or agent of a grower— (a) Who deals with any quantity of a commodity seized under this section in any manner whatsoever not authorised by the Board concerned; or (b) Who fails to comply in every respect with any direction given by the Board concerned for the purpose of enabling it to deal with the said quantity, shall be liable to a penalty not exceeding one hundred pounds, and in the case of a grower to an added penalty not exceeding twice the value (at the price lawfully payable to that grower) of that quantity as at the time of the seizure thereof. No grower of, or other person claiming any right, title, estate or interest in any quantity of a commodity seized under this section shall have any claim at law in damages or otherwise howsoever in respect of that seizure, excepting that the Board in question shall be

492 PRIMARY PRODUCE. Primary Producers’ Organisation, Etc., Act. 15 G eo . VI. No. 25, Special powers of Minister, liable to make, for so much of that quantity as it shall market, payment as provided by this Act and any applicable Orders in Council hereunder. (5.) A person shall not— (a) Assault, resist or obstruct an authorised person in the exercise of his powers under i this section, or attempt so to do; (b) Pail to answer any question put to him by an authorised person in pursuance of that authorised person’s powers under this section, or give any false or misleading answer to any such question; (c) Pail, without reasonable excuse the proof whereof shall be upon him, to produce any account, book or other record which he is lawfully required by an authorised person to produce, or fail to allow an authorised person to take any copy or extract of or from any such account, book or record or entry therein; ( d ) Directly or indirectly prevent any person from being questioned by an authorised person or from answering any question put by an authorised person; or ( e ) Use any threat or any abusive or insulting language to an authorised person or to an employee with respect to any questioning by an authorised person: Provided that a person shall not be required under this section to answer any question tending to incriminate himself. [12c.] ( 1 .) The Minister may, at any time and from time to time, direct in writing any person to report to the Minister—- (a) Whether or not any Board is taking and doing under and as prescribed by this Act all such steps, acts and things as, being necessary for the due performance by that Board of the duty imposed upon it by section 12 a of this Act, are prescribed by this Act to be or may be lawfully taken and done by it; and/or

1951. PRIMARY PRODUCE. Primary Producers’ Organisation, Etc., Act. 493 ( b ) Whether or not any grower is taking and doing all such steps, acts and things as are required by any notice given to that grower under section 12 a of this Act to be taken or done by that grower or the taking or doing of which by that grower are necessary for any purpose of or connected with his compliance with any requirement of such a notice. (2.) A person directed as aforesaid by the Minister shall, make all such investigations as are necessary to enable him to report to the Minister as directed and shall report to the Minister the result of those investigations. That person may require any Board or grower to give to him all information and particulars relevant to his investigations as aforesaid in the possession of that Board or grower. He may require any such information or particulars to be given to him in writing verified by statutory declaration. Every Board or grower shall give information and particulars as aforesaid in compliance in every respect with the requirements of any person authorised by this subsection to require the same. [I^ d .] Without prejudice to section 1 a of this Act, Application the provisions of sections 12 a , 12 b and 12c of this ActlL^andisc. shall apply and extend to and with respect to Boards, ’ growers of commodities, all other persons, commodities and things to which those provisions are expressed to be applicable notwithstanding— (a) That those provisions are contradictory of, not conformable to, or inconsistent with the provisions of any other section of this Act or with the provisions of any Order in Council under this Act (including in the case of such an Order in Council any provision thereof which purports to be a modified provision of or a provision added to this Act) ; or (b) That compliance by a Board, a grower, or any other person whomsoever with those j provisions or any of them would render

494 PRIMARY PRODUCE. Primary Producers’ Organisation, Etc., Act. 15 G eo . VI. No. 25, impossible the performance by it or him of any function, power or duty conferred or imposed upon it or him by a provision of another section of this Act or of an Order in Council made under this Act but in the case of such an impossibility it or he shall not be legally bound to perform the function, power or duty conferred or imposed by the other provision in question: Provided, that, except as necessary to give full operation and effect thereto, no provision of the said sections 12 a , 12 b , and 12 c shall be construed so as to prejudice, affect or otherwise limit the operation and effect of any other provision of this Act or any provision of an Order in Council made under this Act. Special power of Governor in Council. [Z2 e .] (1.) For the purposes of this section a Board shall be deemed to fail in the duty imposed upon it by section 12 a of this Act— (a) If that Board fails to do or take as prescribed by this Act any step, act or thing prescribed by this Act to be done or taken by that Board with respect to that duty; or ( b ) If, in addition to taking as prescribed with respect to that duty, all the steps, acts and things prescribed by this Act to be done or taken by it, it fails to take with respect to that duty any further or other step, act or thing deemed by the Governor in Council to be necessary for the due performance of that duty and which may be lawfully taken or done by it. (2.) Any failure by a Board in the duty imposed upon it by section 12 a of this Act shall be a contravention by that Board of this Act and, with respect to that contravention, the Governor in Council shall have and may exercise his powers under section twelve of this Act. ( 3 .) Where, by virtue of this section, the Governor in Council purports to exercise with respect to any Board his powers under the said section twelve, no Court of law shall have jurisdiction to restrain him from so doing pending a determination at law as to whether or not he is exercising those powers lawfully

I 1951. PRIMARY PRODUCE. Primary Producers’ Organisation, Etc., Act. 495 in the circumstances, but the Governor in Council shall in relation to any Board concerned, the persons who were the members thereof immediately prior to the exercise by him of his aforesaid powers, the persons appointed or elected pursuant to the exercise of those powers, and all growers, other persons, commodities and things concerned, be deemed to lawfully exercise the powers in question unless and until it is otherwise determined by a Court of competent jurisdiction or, upon appeal from such a Court, the final Court of Appeal. (4.) A report to the Minister by a person thereunto directed under section 12 c of this Act— (a) That, with respect to its duty under section 12 a of this Act, any Board has failed to take or do as prescribed by this Act any step, act or thing prescribed by this Act to be taken or done with respect to that duty; or (&) That, with respect to its duty under section 12 a of this Act, any Board has failed to take or do any further or other step, act or thing, the taking or doing of which is deemed necessary by the Governor in Council for the due performance of that duty and which it may lawfully take or do, shall, for the purposes of this section, be sufficient proof of a contravention by that Board of this Act.” 4 . Section fourteen of the Principal Act is Amendment amended by repealing paragraph (iv.) thereof. 0 3' ' PROBATE DUTY. See G ift D uty . PURE SEEDS. See A griculture , sub - title A gricultural S tandards .