Primary Producers' Organisation and Marketing Acts and Other Acts Amendment Act of 1941 (5 Geo Vi No. 14) (Qld)

PRIMARY PRODUCE. 231 5 GEO. VI. No. 14, 1941. Primnry Producers' Organisation, Etc., Act. PRIMARY PRODUCE. See SUGAR. An Act to Amend "The Primary Producers' Organ- 5 * ~ .O· 12· isation and Marketing Acts, 1926 to 1939," PRr:!ity " The Peanu t I ndus t ry Pro t ec t I ' On and OPRRGOADNUISCAETRISO'N Preservation Act of 1939," and "The Fruit ~ i~ ~ ~ G M ar k e t l · ng 0 rganl . sa t I ' on A c t s, 1923 t 0 OAMTHEENRDMAECNTTS • • ACT OF 1940," respectively, each In certaIn 1941. particulars, and for other purposes. [ASSENTED TO 20TH NOVEMBER, 1941.] 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 and Other caonndstruct. Ion. Acts Amendment Act of 1941." 2. (1.) The following paragraph numbered (viii.) is Amendment added to section fourteen of *" The Primary Producers' othfe 8 A . 1 c 4 t of Organisation and Marketing Acts, 1926 to 1939," 17 Geo. v. namely:- No. 20. "(viii.) Subject to the approval of the Governor in Council, process, manufacture, prepare, or treat, or make arrangements for the processing, manufacture, preparation, or treatment of, the commodity or any part thereof, and do all such acts, matters, and things as may be necessary or expedient for the processing, manufacture, preparation, or treatment of the commodity, or any part thereof and/or for the sale of the treated commodity or any product derived from such processing, manufacture, or preparation. The State Wheat Board shall be deemed to be a Marketing Board for the purposes of this paragraph.', (2.) This section shall be read as one with *" The Construction Primary Producers' Organisation and Marketing Acts, ~ ! c: ~ ~ and 1926 to 1939," and that Act and this section may be cited collective collectively as "The Primary Producers' Organisation title. and Marketing Acts, 1926 to 1941." * 17 G. 5 No. 20 and amending Acts. See v. 7, pp. 939 et seq.

232 PRIMARY PRODUCE. Primary Producers' Organisation, Etc., Act. 5 GEO. VI. No. 14, Amendment of s. 24 3. (1.) The following subsection, numbered (2A), of the Act is inserted after subsection two of section twenty-four of 3 NoG. e 2 o 3 . . VI. *" The Peanut Ind~lstry Protection and Preservation Act of 1939," namely:- ~ ~ :r~ ~ ! " ( 2~ . ) All peanu~ s delivered to t~e Board for sale borrow upon under thIS Act for edIble and/or plantmg purposes are, pseecaunruitstyof . and are hereby . declared always to have been, included delivered m the commodIty" peanuts" under and for the purposes ~ d: ~ l~ his of t" The Primary Producers'. Organisation and Marketing Act. Acts, 1926 to 1941," and, m so far as they are not inconsistent with the provisions of this Act, all of the provisions of t" The Primary Producers' Organisation and Marketing Acts, 1926 to 1941" (including any additions to or modifications of such Acts made by Order in Council) except subsection two of section eighteen thereof extended for the time being by Order in Council to peanuts and the Board and all persons, things, and matters concerned shall apply, and it is hereby declared always have applied, to and with respect to peanuts delivered to the Board under this Act for sale for edible and/or planting purposes. Without limit to the generality of the foregoing provisions of this subsection the Board shall have, and it is hereby declared always had, power and authority- (i.) To make advances to growers in respect of peanuts delivered to the Board under this Act for sale for edible and/or planting purposes; and (ii.) For the purposes of t" The Primary Producers' Organisation and Marketing Acts, 1926 to 1941," and this Act to borrow money upon the security of, and to give security by bill of sale or otherwise for any advance made to the Board over, any peanuts delivered to the Board for sale under this Act for edible and/or planting purposes, under and in pursuance of the provisions of t" The Primary Producers' Organisation and Marketing Acts, 1926 to 1941 " (including any additions to or modifications of such Acts made by Order in Council) extended to * 3 G. 6 No. 23. See 1939 Sess. v., p. 17504. t 17 G. 5 No. 20 and amending Acts. See v. 7, pp. 939 et Beg.

PRIMARY PRODUCE. 233 1941. PriIma,ry Pro,d,ucers' Organisation, Etc., Act. peanuts and the Board and all persons, things, and matters concerned by Order in Council and whether so extended before or after the passing of *" The Primary Producers' Organisation and Marketing Acts and Other Acts Amendment Act of 1941." " (2.) This section shall be read as one with t" The Cons~ ruction Peanut Industry Protection and Preservation Act of~! c:f; ! and 1939," and that Act and this section may be citedc?llective collectively as "The Peanut Industry Protection and tItle. Preservation Acts, 1939 to 1941." 4. (I.) t" The Fruit Marketing Organisation Acts,Amendment 1923 to 1940," is amended as follows : - ~ ~ :' lc~ f (i.) The ,following subsection numbered three is k~ ~ : ~ : v. added to sectIOn eight thereof, namely:- "(3.) It is hereby declared that, in addition to all Additional its other func~ ions, powers, and authorities under this f= ~ ~ ~ na: ~ f Act, the CommIttee of Direction has, and always has had- Committee ( ~ ' . ) The f unctI . Ons, powers, and a utho"ntIes of Direction. prescribed by regulation made on the twenty- third day of June, one thousand nine hundred and thirty-eight, under the provisions of this Act then in force and published in the Gazette of the twenty-fifth day of June, one thousand nine hundred and thirty-eight; and (ii.) The power to make for the purposes of this Act the levy prescribed by regulation made on the twenty-third day of June, one thousand nine hundred and thirty-eight, under the provisions of this Act then in force and published in the Gazette of the twenty-fifth day of June, one thousand nine hundred and thirty-eight; and (iii.) The power to do all such things as were approved by the Governor in Council by Order in Council made on the twenty-third day of June, one thousand nine hundred and thirty-eight, under the provisions of this Act then in force and published in the Gazette of the twenty-fifth day of June, one thousand nine hundred and thirty-eight; and * This Act. t 3 G. 6 No. 23. See 1939 Sess. v., p. 17504. t 14 Geo. 5 No. 39 and amending Acts. See v. 7, pp. 870 et seq.

234 PRIMARY PRODUCE. - - - - - - - - - - - - - ~ -- - - - - - - - - - - - - - . Primary Producers' Organisa.tion, Etc., Act. 5 GEO. VI. No. 14, (iv.) The following functions, powers, and authorities, namely ;- As the holder of shares in Queensland Canneries Proprietary Limited to carry on or to unite with the other shareholder or shareholders of that company in carrying on at the cannery situated at Dath Street, Bulimba, Brisbane, the manufacture or processing of any other fruit or vegetables or such other business (whether manufacturing or otherwise) in addition to pineapple canning as may seem to the Committee of Direction capable of being conveniently carried on in connection with pineapple canning at the said cannery or calculated directly or indirectly to enhance the value of or render profitable the said cannery, including any plant, machinery, or equipment thereof; and (v.) Such other functions, powers and authorities as may be from time to time prescribed by the Governor in Council by Order in Council for the purpose of enabling the Committee of Direction to process, manufacture, prepare or treat any fruit and/or vegetables, and either alone or in conjunction with any other person or body corporate, and of enabling the doing of all such acts, matters and things as may be necessary or expedient for the processing, manufacture, preparation or treatment of any fruit or vegetables and/or for the sale of any treated fruit or vegetables or any product derived from the processing, manufacture or preparation of any fruit or vegetables. Nothing hereinbefore contained in this subsection shall prejudice the power of the Governor in Council to repeal or modify any provision of the Order in Council or regulations hereinbefore in paragraphs (i.) (ii.), and (iii.) of this subsection mentioned or to make any such further Order in Council or regulations as he shall think necessary or convenient to carry out the objects of this subsection."

PRIMARY PRODUCE. 235 1941. Primary PrOdtlCers' Orgarnisation, Etc., ~ ! ct. (ii.) In subsection one of section 17 A thereof the Amendment figures and word" 1923 to 1926" are repealed, and the ~ ~ eSA~~ A of figures and word "1926 to 1941" are inserted in lieu 14 Geo. V. thereof. No. 39. (2.) This section shall be read as one with *" The Const~ llction Fruit Marketing Organisation Acts, 1923 to 1940," and ~ ! ctti~ : and that Act and this section may be cited collectively as c?llective " The Fruit Marketing Organisation Acts, 1923 to 1941." trtle. 5. (1.) No person shall at any time after the passing gllalifica. of this Act- v tlO ot n e .s rs of at (i.) Vote at any election or poll held under or for ~ ~ ~ ! ~ ons the purposes of- certain Acts. &c. (a) t" The Primary Producers' Co-operative Associations Acts, 1923 to 1934"; or (b) t" The Primary Producers' Organisation and Marketing Acts, 1926 to 1941 "; or (c) §" The Regulation of Sugar Cane Prices Acts, 1915 to 1939 " ; or (d) 11" The Sugar Experiment Stations Acts, 1900 to 1941 "; or (e) ~ " The Wheat Pool Acts, 1920 to 1930"; or (j) **" The Fruit Marketing Organisation Acts, 1923 to 1941 "; or (g) tt" The Veterinary Surgeons Act of 1936 " ; or (h) tt" The Banana Industry Protection Act of 1929 "; or (i) §§" The Milk Supply Act of 1938"; or (f) Any other Act for the time being adminis- tered by the Secretary for Agriculture and Stock; or * 14 G. 5 No. 39 and amending Acts. See v. 7, pp. 870 et Beq. t 14 G. 5 No. 45 and amending Acts. See v. 7. pp. 891 et Beq. t 17 G. 5 No. 20 and amending Acts. See v. 7, pp. 939 et Beq. § 6 G. 5 No. 5 and amending Acts. See v. 9, pp. 222 et Beq. 1164 V. No. 17 and amending Acts. See v. 9, pp. 162 et Beq. ~ 11 G. 5 No. 4 and amending Acts. See v. 1, pp. 257 et Beq. ** 14 G. 5 No. 39 and amending Acts. See v. 7, pp. 870 et Beq. tt 1 E. 8 No. 17. See v. 9, p. 766. it 20 G. 5 No. 12. See v. 1, p. 317. §§ 2 G. 6 No. 27. See 1938 Sess. v., p. 17201.

236 PRIMARY PRODUCE. Primary Producers' Organisa,tion, Etc., Act. 5 GEO. VI. No. 14, (ii.) Nominate as a candidate, or be elected or appointed or hold office as a director or member of the governing body (by whatever name called) of any association constituted under *" The Primary Producers' Co-operative Associations Acts, 1923 to 1934," or as the president or chairman or as a member of any council, board (including a marketing board), committee, executive, or other body or association of persons (corporate or unincorporate) constituted under- (a) Any Act mentioned in sub-paragraphs (b) to (i), both inclusive, of paragraph (i.) of this subsection, or (b) Any other Act for the time being administered by the Secretary for Agriculture and Stock, unless snch person- (ill.) Is qualified by the Act under or for the purposes of which the election or poll is being held or under which the association, council, board (including a marketing board), committee, executive, or other body or association of persons (corporate or unincorporate) is constituted to so nominate, or be elected or appointed, or hold office, as the case may be; and (iv.) In addition to being qualified as prescribed by paragraph (iii.) of this subsection, is enrolled on the electoral roll for an electoral district under t" The Elections Acts, 1915 to 1940." (2.) Any person who is entitled to be enrolled on the electoral roll for any electoral district shall, notwithstanding that he is not so enrolled, be deemed to possess the qualification prescribed by paragraph (iv.) of subsection one of this section at any time when he would be permitted to vote under section 35A of t" The Elections Acts, 1915 to 1940," at an election for such district. * 14 G. 5 No. 45 and amending Acts. See v. 7, pp. 891 et seq. t 6 G. 5 No. 13 and amending Acts. See v. 3, pp. 233 et seq.

PRIMARY PRODUCE. 1941. Primary Prodt{cers' Organisa,tion, Etc., Act. The Principal Electoral Officer may, upon reference to him, decide whether or not any person claiming to be qualified under paragraph (iv.) of subsection one of this section by virtue of this subsection is so qualified and the decision of the Principal Electoral Officer shall be conclusive of the matter. (3.) No person shall vote at any election or poll held under or for the purpose of- (a) Any Act mentioned in paragraphs (a) to (i), both inclusive, of paragraph (i.) of subsection one of this section; or (b) Any other Act for the time being administered by the Secretary for Agriculture and Stock, or nominate as a candidate, or be elected or appointed or hold office as a director or member of the governing body (by whatever name called) of any association constituted under *" The Primary Producers' Co-operative Associations Acts, 1923 to 1934," or as the president or chairman or as a member of any council, board (including a marketing board), committee, executive, or other body or association of persons (corporate or unincorporate) constituted under- (c) Any Act mentioned in sub-paragraphs (b) to (i), both inclusive, of paragraph (i.) of subsection one of this section; or (d) Any other Act for the time being administered by the Secretary for Agriculture and Stock, at any time after the passing of this Act when such person is detained under the t NationalSecurityAct1939-1940 of the Commonwealth. (4.) Any person in any office hereinbefore in this section mentioned at the passing of this Act who does not possess the qualification prescribed by paragraph (iv.) of subsection one of this section or who is disqualified by subsection three of this section shall vacate such office forthwith and the election or appointment of any person who does not possess such qualification or is so disqualified to any such office at any time after the passing of this Act shall be void. * 14 G. 5 No. 45 and amending Acts. See v. 7, pp. 891 et seq. t No. 15 of 1939 as amended by No. 44 of 1940. 237

238 PRIMARY PRODUCE. Primary Producers' Organisation, Etc., Act. 5 GEO. VI. No. 14, 1941. Any person not possessing such qualification or so disqualified who- (i.) Votes at any election or poll; or (ii.) Nominates as a candidate or suffers himself to be elected or appointed to, or acts in, any office, hereinbefore in this section mentioned shall be liable to a penalty of not more than fifty pounds recoverable in a summary way under *" The Justices Acts, 1886 to 1932." (5.) The Governor in Council may from time to time make such regulations as he shall deem necessary or expedient to carry out the objects and purposes of this section and either generally or in respect of any Act or Acts hereinbefore in this section mentioned. * 50 v. No. 17 and amending Acts. See v. 4, pp. 363 et seq. PURE SEEDS. See AGRICULTURE. QUEENSLAND LAW SOCIETY. See SUPREME COURT. RABBITS. See LAND. REGULATION OF SUGAR CANE PRICES. See SUGAR. STAMP DUTIES. See STOCK (BUFFALO FLY CONTROL ACT). STATE FORESTS. See LANDS.