Primary Producers' Organisation and Marketing, Fruit Marketing Organisation, Wheat Pool, and Diseases In Plants Acts Amendment Act of 1930 (21 Geo v No. 22) (Qld)

13064 PRIMARY PRODUCE. Primary Producers, Etc., Act. 21 GEO. V. No. 22, - ------- - - ~ - - - - - - - - - - -- - - - - - - - - - - ---- ---- NAVIGATION-AMENDMENT. See SHIPPING. PLANTS, DISEASES IN-AMENDMENT. See PRIMARY PRODUCE. PLANTS, NATIVE. See NATIVE PLANTS. PORT DUES REVISION-AMENDMENT. See SHIPPING. PREFERENCE RE UNIONISTS OR NON-UNIONISTS, ABOLITION OF. See LABOUR. PRICKLY-PEAR LANDS. See LAND, CROWN. PRIMARY PRODUCE. 21 N G o. eo2. 2. V. An Act to Amend the Primary Producers' Organisa- THE tion and Marketing Acts, the Fruit Marketing PRIMARY PRODUCERR' Organisation Acts, the Wheat Pool Acts,and the ORGANISA- TION AND Diseases in Plants Act. MARKETING, FRUIT MAR- [ASSENTED TO 13TH NOVEMBER, 1930.J -BE KETING OR- GANISATION, p!~ E~ ! D it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- DI~~ ~ ~ E~ IN lative Assembly of Queensland in Parliament assembled, ACT~ and by the authority of the same, as follows:- AMENDMENT ACT OF 1930. PART 1.- PART I.-PRELIMINARY. PRELl1ilIlURY. Short tItle I. This Act may be cited as "The Primary satnrducctoionn· . OPrrogdauncisearsti'oOn, rgWanhiesaattioPnooaln, danMdarDkeisteinagse, sFrin' uitPlManatrskeAticntgs Amendment Act of 1930."

1930. PRIMARY PRODUCE. Primary Pr'oducers, Etc., Act. 13065 PART 1.- PRELIMINARY. 2. This Act is divided into Parts, as follows : - Parts of Act. PART I.-PRELIMINARY; PART 1I.-·AMENDMENTS OF "THE PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACTS, 1926 TO 1928; PART lIlo-AMENDMENTS OF "THE FRUIT MARKETING ORGANISATION ACTS, 1923 TO 1928 " ; PART IV.-AMENDMENT OF "THE WHEAT POOL ACTS, 1920 TO 1928." PART V.-AMENDMENTS OF "THE DISEASES IN PLANTS ACT OF 1929." PART VI.-MISCELLANEOll S. PART II.- AMENDl\ iEN~ S OF" THE PRIMARY PRODUCERS' PART 1I. ORGANISATION AND Amendments o 'J f *" • The Primary Producers' Organisation MAACRTKS,E 1 T 9 IN 26 G and Market~ ng Acts, 1926 to 1928." TO 1925." 3. *" The Primary Producers' Organisation and Amend. lYlarketing Acts, 1926 to 1928," are in this Part referred to r; ; ~ : : r~ f as the Principal Act. This Part shall be read and Producers' const rued as one w] 'th suchP.n'nCl.pa1Act. SuchPn' nCl.pa1 aOnrdganisation Act as amended by this Part of this Act may collectively Marketing be cited as "The Primary Producers' Organisation and Acts. Marketing Acts, 1926 to 1930." 4. The definition of "Commodity" in section two Amendment of the Principal Act is amended by the insertion after of s. 2. the second paragraph of the said definition of jihe following words :-" The commodities known as plywood and veneer are hereby declared to be and to have always been commodities under and for the purposes of this Act, notwithstanding that they are prepared by process of manufacture." 5. Section nine of the Principal Act is amended as Amendment follows :- of s. 9. After the second paragraph of subsection one, the following new paragraph is inserted, namely:- " The commodities known as plywood and veneer are hereby declared to be and to have always been commodities under and for the purposes of this Act, notwithstanding that they are prepared by process of ----lII'I------- manufacture." 10. * 17 Geo. V. No. 20, supra, page 11659; 19 Geo. V. 8, 81tpra, page 12222.

13066 PARTII.- AMENDMENTS O PR F I " MA T R H Y E - ~ ..... PRIMARY PRODUCE. - - - - - - - - - - .. - ..... - . - - ... ~ Primary Producers, Etc., Act. 21 GEO. V. No. 22, . . ~ .~ .. - _......- . . ~ ..._ _....-_... - _ . _ - OPRRGOADNUISCAETRISO'N 6 • SectI' On 10 A 0 f the Pn' nCl.pa1 Ac t' IS amended AND as follows : - MARKETING ~ grf92~ ~ ~ ~ (a) In the fifth paragraph beginning with the words Amendment" If, however, not less," after the words" its functions" of s. lOA. ,the words "or if no petition is received, or if any petition is received but which is signed by less than the requisite number of growers as is prescribed by section lOB of this Act" are inserted; also, in the same paragraph, after the words "direct and declare" the words "that the commodity for which the Board was constituted shall continue to be a commodity for the purposes of this Act, and," are inserted. (b) A1so in the sixth paragraph beginning with the words" Provided always" after the words "direct and declare," the words" that the commodity for which the Board was constituted shall continue to be a commodity for the purposes of this Act, and," are inserted. Amendment 7. Section twenty-nine of the Principal Act is of s. 29. amended as follows :- After subsection two the following new subsection is inserted, namely:- "[2A.] Notwithstanding anything in this Act to the contrary contained, it is hereby declared that the Governor in Council may from time to tIme, in any case in which it considers it advisable so to do by Order in Council, require and direct any Board to make a levy in respect of the commodity for which the Board is constituted, and therewith to establish a fund as security to meet any liability or obligation undertaken by His Majesty the King for or on behalf of the Board, whether such liability or obligation be then paid or be then presently payable or payable in the future; and by the same or any other· Order in Council may require the Board to utilise the moneys in such fund for the purpose of meeting such liability or obligation until suchliability or obligation shall have been paid in full, and for the purpose of reimbursing His Majesty the King the amount of any moneys expended by him for the Board on account of any such liability or obligation, and thereafter to utilise such moneys for such purpose as the Governor in Council may direct in the interests of the Board and the growers: Provided that no poll of growers shall be demandable or taken on the question of the making of any such levy."

PRIMARY PRODUCE. 13067 PARTII.- 1930. Pl'imary Producers, Etc., Act. AMENDMENTS OF" THE PRIMARY 8. Section thirty of the Principal Act IS amended 6: ~ ~ ~ ~ ~ : ~ ~ x as follows :- AND ( a ) P aragraph (d) 0 f subsectI·on el.ght I . S repea1ed , M A A m R B K , E 1 T 9 IN 26 G and the following new paragraph is inserted in lieu TO 1928." thereo f , name I y -- Amendment of s. 30. " (d) Empower the Queensland Cane Growers' Council, any district cane growers' executive, or any mill suppliers' committee to make a general levy on growers of sugar-cane for administrative purposes: in the case of the Council, in respect of the whole industry, or in the case of an executive on growers of cane in their district, or in the case of a committee on suppliers of cane to the parti- cular mill for which they are a mill suppliers' committee: Provided that no poll of growers shall be demandable or taken on the question of the making of any such general levy. Such general levy may be in such amount as will be sufficient to provide for the adminis- trative purposes of the said Council, executive, or committee as the case may be: Provided that no district cane growers' executive or mill suppliers' committee shall be empowered to make any levy for administrative purposes unless or until the consent thereof of the Queensland Cane Growers' Council has been obtained." . (b:) After the first p.coviso to paragraph (e) of the said subsection eight, the following new proviso is inserted, namely:- "Provided that any mill suppliers' com- mittee may make a particular levy on any section of growers supplying cane to a mill for whi.ch they are a mill suppliers' committee for any purpose affecting such section of growers: Provided always that the sums raised by such levy shall be expended only in the interests of the section paying such levy." 9. Section thirty-three of the Principal Act is Amendmellt amended as follows :_ of s. 33. (i.) In subparagraph (a) of paragraph (i.) of sub- section one after the word "election," where it firstly occurs, the words" by the ward system or otherwise" are inserted.

13068 PRIMARY PRODUCE. PARTII.- AMENDMENTS OF" THE Primary Producers, Etc., Act. 21 GEO. V. No. 22, PRIMARY PRODUCERS' ORGA: ~ ~ ATION (ii.) After snbparagraph (e) of paragraph (ili.) of :YIARKETING subsection one of the said section, the following new A T C O T 1 S 9 , 2189. 2"6 su b paragrap h" IS Inser t e d ,name I y : - Licenses to mtuaren.ufac- "(e) (i.) Issuing licenses by a Board with the approval of the Minister to manufacturers to manufacture a commodity, which license may, on the recommendation of the Board, be withheld in any case without assigning any reason therefor." (iii.) Subparagraph (f) of paragraph (lii.) of sub- section one of the said section is amended as follows : - The following additional provisions are inserted after the first provision of the said subparagraph (f), namely:- " Empowering a Board to make a general levy on growers of the commodity for or in respect of a precept issued by the Council to the Board pursuant to the provisions of section twenty- eight of this Act: Provided that no poll of growers shall be requested or taken on the question of the making of such general levy. Requiring and empowering a Board to make. a particular levy on growers of the. commodity for which it is a Board to meet any obligation of the Board to His Majesty the King, or any obligation in respect of which His Majesty may then be or may at any time thereafter become directly or indirectly liable on account of the Board, and fixing the amount of such levy: Provided that no poll of growers shall be requested 01' taken on the question of the making of such particular levy. Requiring and empowering a Board that has made a particular levy on growers of the commodity for which it is a Board to pay the proceeds from such levy to a co-operative association formed under the provisions of "The Primary Producers' Co-operative Associations Acts, 1923 to 1926," on such terms, provisions, and conditions as may be presoribed."

PRIMARY PRODUCE. 13069 1930. Primary Prod1lcers, Etc., Act. PART III.- AMENDMENTS OF" THE PART III • FRUIT MARKETING ORGANISATION ACTS, 1923 * A men d ments O . J f " The Fruit Marketing Organisation Act.!, . TO 1928." 1923 to 1928." 10. *" The Fruit Marketing Organisation Acts, 1923 to Amendment 1928 " are in this Part referred to as the Principal Act. ' Jfr: i~ h6 This Part shall be read and construed as one with such Marketing Principal Act. Such Principal Act, as amended by this ~~ : ,nf~~ ~ on Part of this Act, may collectively be cited as " The Fruit to 1928." Marketing Orgf1;nisation Acts, 1923 to 1930." 11. Section seven of the Principal Act is amended Amendment as follows :_ of s. 7. Paragraph (i.) of subsection two is repealed and the following paragraph is inserted in lieu thereof, namely:- " (i.) The direction shall specify the class of fruit to which the direction relates, namely:- (a) All or any of the varieties of citrus fruit; or (b) All or any of the varieties of deciduous fruit; or (c) All or any of the varieties of bananas; or (d) All or any of the varieties of pineapples; or (e) All or any of the varieties of other fruits which the Committee of Direction considers should be the subject matter of one and the same direction." 12. Section 7 A of the Principal Act is repealed, and the following new section is inserted in lieu thereof, namely:- " [7 A.] At any time any thirty growers of any New s. 7A. particular class of fruit of those classes of fruit specified Acquisition I . n paragrap h ( 1 . . ) 0 f su b sec t' IOn t wo 0 f sec t' IOn seven may oCfofmrumititb te y e by petition to the Committee of Direction request that at Direction. a poll of growers concerned be taken that an Order in Council be issued by the Governor in Council declaring that the whole of that particular class of fruit produced in Queensland or in any part or parts thereof shall· be acquired by the Committee of Direction as the owners thereof under the provisions of this section. * 14 Geo. V. No. 39, 8upra, page 10766; 16 G€o. V. No. 23, 8upra, page 11476; 19 Geo. V. No. 8, 8upra, page 12222.

13070 PRIMARY PRODUCE. PART III.- AlIlENDMENTS Primary Producers, Etc., Act. 21 GEO. Y. No. 22, OF" THE FRUIT ~ ::~ ~~ ~ ~ N Notice of such petition shall be published in at least ACTS,1923 one newspaper generally circulating throughout the TO 1928 . " State or the said part or parts thereof. The Committee of Direction may take (or may refuse to take) such poll of such growers accordingly, and if on the taking of such poll less than three-fifths of the votes polled are in favour of the making of such Order in Council, such Order shall not be made. If the result of the poll is in favour of the making of an Order in Council, the Governor in Council may by Order in Council provide and declare that such fruit shall be acquired by the Committee of Direction as the owners thereof, either forthwith upon the making of such Order or on and from a date to be fixed by such Order, or upon the fulfilment of such conditions as are therein mentioned, so that the property in such fruit shall be divested from the growers thereof and become vested in and be the property of the Committee of Direction as the owners thereof under and for the purposes of this Act and such Order in Council, and may by such Order in Council confer and impose upon the Committee of Direction all such powers and duties as are deemed necessary or convenient for the purposes of enabling the Committee of Direction effectively to carry out the marketing of such fruit as the owners thereof for and on ,behalf of such growers: Provided always that an Order in Council under this section shall not have effect so as to prejudice any interstate contract with respect to such fruit which has been entered into prior to the date of the acquisition by the Committee of Direction of such fruit under the said Order in Council. Any such Order in Council shall state the period of time during which such Order in Council shall rem ain in force. Any such Order in Council may be rescinded or amended by a subsequent Order in Council. An Order in Council made or purporting to be made under this section shall, upon publication in the Gazette, have the same effect as if it were enacted in this Act, and shall be judicially noticed."

PRIMARY PRODUCE. 13071 PART Ill.- 1930. Primary Pr'oducers, Etc., Act. AMENDMENTS OF "THE FRUIT MARKETING 13 The following new section is inserted after ORGANISATION sectI.On 'fourteen 0 f t hePn' nCl.pa1 Act, as f 0 11 ows:- ATCOT 1 S 9 , 2189. 2"3 "[14A.] The Committee of Direction and all other Acc,:>unts of bodies (including any s , ectional Group Committee) Id' l,S: cbeulpI'tsse- and functioning under this Act, shall cause true and regular ment to be accounts to be kept of all sums of money received and kept. paid for or on account of this Act or pursuant thereto, and of the several purposes for which sums of money have been received and paid. Statements of accounts shall be accepted at such .places and at such times as may be prescribed. Such accounts shall be audited by the Auditor- General, who shall have with respect to such accounts all the powers conferred on him by *" The A udit Acts, 1874 to 1906."" PART IV. Amendment of t" The Wheat Pool Acts, 1920 to 1928." PARTIV.- AMENDMENt OF" THE WHEAT POOL ACTS, 1920 TO 1928." 14. t" The Wheat Pool Acts, 1920 to 1928," is in this Amendment Part referred to as the Pdncipal Act. This Part shaH 1o~ ~ eA~ ~ at be read and construed as one with such Principal Act. Such Principal Act as amended by this Act may collectively be cited as "The Wheat Pool Acts, 1920 to 1930." 15. Section 4A of the Principal Act is amended by Amendment inserting a new paragraph (iii.) after paragraph (ii.) as of s. 4.1._ follows (and paragraph (iii.) is renumbered (iv.) accord- ingly) :- "(iii.) Raise by way of mortgage a sum or sums of money upon the security of the assets (being the real and personal property) of the Board for such purposes and subject to such terms and conditions as to the Board seem proper." 16. Section 27 A of the Principal Act is amended Amendment by the insertion after the words " dispose of" in of s. 27.1.. subsection two, of the words "for cash or on terms"; also by the insertion after the words "dispose of" in subsection three, of the wo:r:ds "for cash or on terms." * 38 Vie. No. 12 and amending Acts, supra, pages 74 et seq. t 11 Geo. V. No. 4: 16 Geo. V. No. 26; 12 Geo V. No. 25; 19 Geo. V. No. 8, supra, pages 9513, 9849, 11239, 11246,9636, and 12222.

13072 PRIMARY PRODUCE. PART V. AMENDMENTS OF" THE DISEASES IN PLANTS ACT OF 1929." Primary Prodncers, Etc., Act. 21 GEO. V. No. 22, PART V. Amendments of *" The Diseases in Plants Act of 1929." Amendment 17. *" The Diseases in Plants Act of 1929" is in this ~ ~~ :ses in Part referred to as the Principal Act. This Part shall Plants Act. be read and construed as one with such Principal Act. Such Principal Act as amended by this Act may collectively be cited as "The Diseases in Plants Acts, 1929 to 1930." Amendment 18. Section four of the Principal Act is amended as of s. 4. follows :- The definition of "Nursery" is repealed and the following definition is inserted in lieu thereof, namely;- Nursery. " "Nursery"-Any place where plants or fruit trees are grown for sale or are offered or exposed or kept for sale." 19. After section eight of the Principal Act the following new section is inserted, namely;- New s. 811.. Non- compliance with grading. "[8A.] No person shall introduce or cause to be introduced into Queensland or remove or cause to be removed from or out of any nursery or orchard or place any nursery stock of fruit trees or plants which do not comply with the grades prescribed." Amendment 20. Section twenty-eight of the Principal Act is of s. 28. amended as follows ;- After paragraph five of subsection one of the said section the following new paragraph is added, namely;- " [5A.] Prescribing grades for plants and nursery stock which are fruit trees intended for planting. Such grades may be so prescribed in respect of age, size, vigour, stocks, development. and variety." PART VI.- MISCEL- LANEOUS. Power of Minister to call for reports in respect of accounts, &0. PART VI.-- MISCELLANEOUS.' 21. Not'withstanding anything contained in t" The Primary Producers' Organisation and Marketing Acts, 1926 to 1928," or in t"The Fruit Marketing Organisation Acts, 1923 to 1928," or §" The Wheat Pool Acts, 1920 to ------- - - - - - - - - - - - - - - - - - - - ---- * 20 Geo. V. No. 11, supra, page 1239l. t 17 Geo. V. No. 20; 19 Geo. V. No. 8, supra, pages 11659, and 12222. t 14 Geo. V. No. 39; 16 Geo. V. No. 23; 19 Geo. V. No. 8, supra, pages 10766, 11476, and 12222. § 11 Geo. V. NC'. 4; 16 Geo. V. No. 26; 12 Geo. V. No. 25; 19 Geo. V. No. 8, 81tpra, pages 9513, 9849, 11239, 11246, 9636, and 12222.

PRIMARY PRODUCE. 13073 1930. Pl'imary PrOd1lCe1'S, Etc., Act. PART VL- MISCEL- LANEOUS. 1928," or any law to the contrary, it is hereby declared that it shall be lawful for the Minister at any time and from time to time, to call upon- (a) The Council of Agriculture or any Board as defined in and constituted pursuant to *" The Primary Producers' Organisation and Market- ing Acts, 1926 to 1928" (or any Act amending the same) and without limiting such definition (including any Mill Suppliers' Committee, and/or District Cane Growers' Executive, and/or the Queensland Cane Growers' Council); and/or (b) The State Wheat Board as defined in and constituted pursuant to t" The Wheat Pool Acts, 1920 to 1928" (or any Act amending the same); and/or (C) The Committee of Direction and any other bodies (including any sectional Group Com- mittee) as defined in and constituted pursuant to t" The Fruit 111arketing Organisa~ tion Acts, 1923 to 1928" (or any Act amending the same), by notice in writing under his hand or under the hand of the Under Secretary, Department of Agriculture and Stock, addressed to the manager or other governing or executive officer for the time being, of all or any of the bodies referred to in paragraphs (a), (b), and (c) aforesaid, for a report or information in relation to the finances generally of such bodies, or in relation to any matter or thing in relation to revenue or expenditure, or any particular item or items of revenue or expenditure, or in respect of any matter or thing concerning the adminis- tration of 3.11 or any of such bodies generally, and it shall be the duty of such manager or other governing or executive officer of any such body concerned to furnish to the Minister or to the Under Secretary as aforesaid, a full, true, and complete report or information desired by him. Any omission, neglect, or failure on the part of any such manager or other governing or executive officer of * 17 Geo. V. Xo. 20; 19 Goo. V. No. 8, supra, pages 11659 and 12222. t 11 Geo. V. No. 4; 16 Geo. V. ~ o. 26; 12 Geo. V. No. 25; 19 Geo. Y. No. 8, supra, pages 9513, 9849, 11239, 11246, 9636, and 12222. t 14 Geo. V. No. 39; 16 Geo. V. No. 23; 19 Geo. V. No. 8, supra, pages 10766, 11476, and 12222.

13074 PRIMARY PRODUCE. PART VI.- MISOEL- I.ANEOUS. Primary Producers, Etc., Act. 21 GEO. V. No. 22, 1930. any such body concerned to comply with the provisions of this section, shall be deemed to be an offence under the provisions of this section, and shall on conviction render the offender liable to a penalty not exceeding one hundred pounds, to be recovered in a, summary way by complajnt under the provisions of *" The Justices Acts, 1886 to 1929." The provisions of this section shall take effect whether any audit of the books and accounts of any such body or bodies has been made or not. PRIMARY PRODUCERS' ORGANISATION AND MARKETING. See PRIMARY PRODUCE. PROPRIETARY RACING. See GAMING. PROSPECTING. See MINING. * 50 Vie. No. 17 and amending Acts, supra, pages 1132 et seq.