Primary Producers' Organisation and Marketing Acts Amendment Act of 1957 (6 Eliz ll No. 9) (Qld)

PRIMARY PRODUCE. 6 E liz . II. No. 9, 1957. Primary Producers' Organisation, Etc., Act. (2.) All acts and proceedings of the Committee of Direction or of any Sectional Group Committee, whether done or taken before or after the enactment of this section, shall, notwithstanding any failure or defect in the appointment, election, or nomination of any member, or that any member was disqualified or disentitled to act, be as valid as if every member had been duly appointed, elected, or nominated, and was qualified and entitled to act, as a member of the Committee of Direction or of the Sectional Group Committee concerned, and as if the same had been properly and fully constituted.” 265 An Act to Amend “The Primary Producers’ «|™9n Organisation and Marketing Acts, 1926 to t S> d ®S y 1955,” incertain particulars. 7* °“^si,ATI0N M arketing [A ssented to 11 th A pril , 1957.] A mactd “ pnt 1957. E it enacted by the Queen’s Most Excellent Majesty, B 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. (1.) This Act may be cited as “ The Primary Short Producers' Organisation and Marketing Acts Amendment Act of 1957.” (2.) *“ The Primary Producers' Organisation and Principal Marketing Acts, 1926 to 1955,” are in this Act referred Aot‘ to as the Principal Act. (3.) The Principal Act and this Act may be Collective collectively cited as “ The Primary Producers' tltle' Organisation and Marketing Acts, 1926 to 1957.” 2. Section nine of the Principal Act is amended by Amendment inserting, after subsection 7 a , the following subsection,of s- 9- namely:— “ (T’ b .) With respect to any commodity or commodities and the Board constituted therefor the Governor in Council may, from time to time, by Orders in Council (it being hereby declared that every such * 17 G. 5 No. 20 and amending Acts.

266 PRIMARY PRODUCE. Primary Producers’ Organisation, Etc., Act. 6 E liz . II. No. 9, Order in Council shall for the purposes of this section be and be deemed to be an Order merely ancillary to the Orders whereby the commodity or commodities in question was or were declared as such under and for the purposes of this Act and a Board was constituted in relation thereto) make such provisions as are in his opinion necessary, convenient, or expedient for all or any purposes of— (а) The licensing by the Board of the carriage by road of any of the commodity or commodities ; prescribing the circumstances under which the carriage by road of any of the commodity or commodities is prohibited save under the authority of a license by the Board (which circumstances may be prescribed by reference, by way either of inclusion or exclusion, to persons, classes of persons, roads, descriptions of vehicles, localities, or in any other manner sufficient in the opinion of the Governor in Council); prescribing, regulating, and controlling applications for, (and for the renewal of) such licenses, and the issue, renewal, cancellation, or suspension, and tenure thereof; (б) The stopping and entry on or into, and inspection on roads of vehicles carrying or suspected of carrying thereon any of the commodity or commodities contrary in any respect to the requirements of this Act or in the course of, or for the purpose of enabling or assisting, or for a purpose of or connected with, or arising out of, the contravention in any respect of the requirements of this Act; (c) The seizure and delivery to the Board of any commodity found being carried on or in any vehicle on a road as specified in paragraph (6) hereof; and the things and steps to be done and taken by the driver or person in charge of any vehicle for effecting such a delivery; and ensuring against the prevention or obstruction of any such delivery; (d) The information and particulars in relation to the owner, producer, consignor, and consignee of the commodity, and otherwise

PRIMARY PRODUCE. 1957. Primary Producers9 Organisation, Etc., A ct.\ I in relation thereto, to be furnislled by the driver or person in charge of any vehicle carrying any of the commodity or commodities on a road to a person by whom that vehicle is stopped under the authority of this Act; requiring the furnishing on demand of such information and particulars, and prohibiting the furnishing of any such information or particulars which is or are in ajny respect false or misleading; (e) Returns showing the quantities respectively of the commodity, or of any of the commodities held by the grower at the commencement of the period to which the return relates, produced by him during that period, and held by him at the end thereof and showing the quantity of the commodity, or of any of the commodities disposed of by the grower during such period (stating purposes for which the grower himself has used any thereof and the quantities thereof used for those purposes respectively), and stating the names and addresses of all persons to whom the grower has disposed of any quantities thereof during such period, and the amounts of those quantities respectively ; requiring the furnishing to the Board by growers of such returns at any time or from time to time ; and prohibiting the furnishing of such a return which is in any respect false or misleading ; (/) Inspection of books, documents, and records pertaining to the business of any grower who is suspected of having sold, supplied, or otherwise disposed of any of the commodity or commodities, contrary in any respect to the requirements of this Act, and of any person who is suspected of having bought or otherwise obtained, either as principal or agent, any of the commodity or commodities contrary in any respect to the requirements of this Act; authorising, regulating, and controlling entry and re-entry into or upon any land, premises, or place for making such inspections ; defining powers of searching

268 PRIMARY PRODUCE. Primary Producers’ Organisation, Etc., Act. 6 E liz . II. No. 9, for, inspecting and taking copies of, or extracts from books, documents, and records as aforesaid, and the persons by whom those powers shall be had and may be exercised ; requiring growers and other persons affected, their agents and employees, to permit and aid in the exercise by persons thereunto authorised of their powers as aforesaid; and ensuring against the prevention of the exercise, or obstruction in the exercise of, any such powers ; (g) Entry into or upon, and inspection and examination of, any land, premises, or place (and of all structures, vehicles, and things therein or thereon) where there is, or is suspected to be, any of the commodity or commodities; the inspection and examination of any of the commodity or commodities found upon such entry; the seizure of any thereof which is, or is suspected to be, in or on the land, premises, or place (including in or on any structure, vehicle, or thing) in question contrary in any respect to the requirements of this Act or in the course of, or for a purpose of enabling or assisting, or for a purpose of or connected with, or arising out of, the contravention in any respect and by any person whomsoever of the requirements of this Act; the delivery to the Board of any of the commodity or commodities so seized; defining powers of entry, inspection, examination, and seizure as hereinbefore mentioned in this paragraph; the persons by whom those powers shall be had and may be exercised ; requiring growers and other persons affected, their agents and employees, to permit and aid in the exercise by persons thereunto authorised of those powers, and ensuring against prevention of the exercise or obstruction in the exercise of those powers ; (h) Records of purchases of the commodity or any of the commodities to be made and kept by persons engaged, whether as principals or agents, in buying and selling the same ; the manner of the making and keeping of

PRIMARY PRODUCE. 269 1957. Primary Producers’ Organisation, Etc., Act. those records; the place where and time during which they are to be kept; the information and particulars to be thereby recorded; requiring persons hereinbefore mentioned in this paragraph to make and keep those records; and prohibiting the making or keeping of any such record which is in any respect false or misleading ; ( i) Penalties for contravening or failing to comply in any respect with the provisions of any Order in Council made under this subsection and daily penalties for continuing any such contravention or failure after conviction therefor, but not exceeding one hundred pounds or, in the case of a daily penalty, twenty pounds. With respect to Orders in Council njiade before the enactment of this subsection, this subsection applies so that every provision of such an Order in Council which this subsection authorises to be made by Order in Council, shall be and be deemed to have always been as valid and effectual as if this subsection had been enacted prior to the making of that Order in Council, save that no person shall, by virtue of the enactment of this paragraph, become liable to be convicted for an offence constituted by an act or omission committed or made by him before the enactment of this paragraph contrary to a provision to which this paragraph applies of any Order in Council. Every Order in Council under this subsection, and every license issued by a Board by virtue of an Order in Council under this subsection, shall apply subject to, and so as not to authorise, justify or excuse any act or omission which is an offence against, *“ The State Transport Facilities Acts, 1946 to 1955,” or the regulations thereunder.”. 3. Section 10 a of the Principal Act is amended Amendment by adding thereto the following paragraph, namely:—ofs-10A- “ Where immediately prior to the extension or further extension of the duration of a Board, the commodity in relation to which the Board is constituted is divested from the growers thereof * 11 G. 6 No. 17 and amending Acts.

270 PRIMARY PRODUCE—REAL PROPERTY. Beal Property Acts Amendment Act. 5 E liz . II. No. 7, and vested in and the property of the Board, then that commodity shall (unless otherwise provided and declared by the Governor in Council by the Order in Council extending or further extending the duration of the Board) continue to be divested from the growers thereof and to be vested in and the property of the Board during the term for which its duration is extended or further extended, or until sooner otherwise provided and declared by the Governor in Council by Order in Council. With respect to every extension or further extension of the duration of a Board made pursuant to this section before the enactment of this paragraph, this paragraph applies as if it had been enacted prior to the time of the extension or further extension.”. PUBLIC CURATOR. See T rustees and E xecutors . REAL PROPERTY. 5 E N l o i . z . 7. II. An Act to Amend “ The Real Property Acts, 1861 to T he R eal P roperty 1952,” in certain particulars. acts A mendment A ct of 1956. [A ssented to 29 th O ctober , 1956.] B E it enacted by the Queen’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 Real Property Acts Amendment Act of 1956.” tCioonn. struc­ Prop ( e 2 r . t ) y T A h ct i s s , A1c8t61sh to all19b5e2r. ” ead as one with *“ The Real tCitollel. ective this A( 3c.) t m“ a T y he be R c e o a l l le P ct r i o v p e e ly rty cit A ed cts a , s 1“8 T 61 hetoRe 1 a 9 l 5P2 r , o ” pe a r n t d y Acts, 1861 to 1956.” * 25 V. No. 14 and amending Acts.