Pure Seeds Act of 1913 (4 Geo v No. 30) (Qld)

I. PUBLIC ACTS OF THE PARLIA~ IENT OF QUEENSLAND, 4° GEORGIl V. AGRICULTURE. An Act to Regulate the Sale of Pure Seeds for Planting or Sowing. [ASSENTED TO 27TH NOVEMBER, 1913.J 4 Geo. V. No. 30. THE PURE SEEDS ACT OF 1913. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. This Act may be cited as "The Pure Seeds Act OfShol't title 1913," and· shall commence and take effect on and from amnedncceomm- en t . the first day of January, one thousand nine hundred and fourteen. * 2. (1.) In this Act, unless the context otherwise Interpretation requires, the following terms have the meanings set against them respectively, that is to say : - "Expert"-An officer of the Department of Agri- Expert. culture and Stock appointed to examine seeds for the purposes of this Act; "Foreign ingredients" includes dead, diseased, insect- Foreign infested, or non-germinable seeds: the term ingredients. also includes seeds of any plants which the Governor in Council has, by Order in Council, declared to be noxious plants for the purposes of this Act; " Officer"-A State officer appointed or deemed to Officer. be appointed under and for the purposes of this Act; " Parcel" includes sack, barrel, case, packet, and Parcol. package; ,., See, however, section 6, which does not come into operation till 1st January, 1915.

5822 AGRICFLTUHE. Pure Seeds Act. 4 GEO. V. No. 30, Prescribed. This Act. Vendor. " Prescribed "-Prescribed by this Act; "This Act"-This Act and all regulations made thereunder; "Vendor"-Any person who sells or offers or exposes for sale, or contracts or agrees to sell or deliver, any seeds. (2.) In this Act- Any reference to seeds shall be construed as referring only to seeds for planting or sowing; In the case of seeds to which or to clusters of which any fruit or part thereof normally adheres, any fruit or part thereof so adhering shall for the purposes of this Act be deemed to form part of the seeds. Officers. 3. The Governor in Council may from time to time appoint such experts and other officers as may be necessary for the' effectual execution of this Act. Every State inspector appointed under" The J)iseases in Plants .Act of 1896"* or " The Bairy Produce Acts, 1904-1911,"t shall, without further appointment, be deemed to be appointed an officer under and for the purposes of this Act. Foreign ingredients. 4. The proportion or amount of foreign ingredients which may be contained in any quantity of any kind of seeds, and the character of such foreign ingredients, may be prescribed. Invoice to be 5. (1.) Upon the sale of any seeds of the value of not vgeivnednorb. y less than one shilling, the vendor shall, at the time of sale, 6 Edw. 7 give to the purchaser, or, if the purchaser is not personally c. 27, s. 1. present at the time of sale, forthwith send to him an invoice containing the statements required by this Act. (2.) Every invoice, a~ reement, circular, or advertise- ment relating to seeds shall state specifically that such seeds are for planting or sowing, and the kind or kinds of seeds therein referred to. Warranty. Such statement in any such invoice, agreement, cir- cular, or advertisement shall, notwithstanding any agree- ment to the contrary, constitute a warranty by the vendor that such seeds are for planting or sowing, and are of the kind or kinds so specified, and contain no greater propor- tion·or amount of foreign ingredients than is prescribed. *' 60 Vie. No. 25, supra, page 46. t 4 Edw. VII. No. 18 and amending Acts, supra, pages 559 et seq. and 512~ .

AGRICULTURE. 5823 1913. Pure Seeds Act. 6. When seeds are sold in made-up parcels, the year Seeds sold in in which such seeds were grown shall be clearly andh:: ceeie! ~ indelibly marked upon the outside of each parcel. of growing This section shall not come into operation until the marked. first day of January, one thousand nine hundred and .fifteen. 7. (1.) Any officer authorised, either generally or Entryand for any limited period or for any particular case, may- inspection. (a) Enter and inspect any place which he has reasonable ground for believing is kept or used for the sale, storage, delivery, conveyance, or preparation for sale of any seeds, and inspect any such seeds; w (b) Inspect any seed& hieh are being conveyed Articles in through or on any street, or by water in transit. any vessel or boat, or by railway, or tram- way, or other means of transit, apparently for the purposes of trade, sale, or delivery; (c) Examine and open any parcel enclosing the Examination. same in any such place, or conveyed as afore- said; . {d) Remove for examination any such seeds or Sa,mples. portions or samples of any such seeds; (e) Weigh, measure, or mark such seeds or parcel, Sealing, &c. and fasten, secure, or seal the same or any door or opening affording access to the same ; {j) Seize any such seeds which are, or appear to Seizure. him to be, unfit for use, and any parcel enclosing or containing the same. (2.) In the case of a portion of any seeds having been Portion of rseecmtIo. Ovne, dhoer ssheaizlledfo' brythaw.nIytho. dffeiclIevrerinoarccfoorrdwaanrcde awiptohrttIh.O' ins cssaeomnntsp! tgloenotor obre marked and sealed or fastened up in such a manner as consIgnee. its nature permits to the consignor thereof if his name and address are on or attached to such seeds, or any parcel enclosing or containing the same, and if such address is in Queensland; otherwise, such portion shall be- delivered or forwarded to the owner of the seeds seized or the person in whose possession they have been found. (3.) IAnyjustice may grant a summons calling upon Summons, the owner of the seeds so seized, or the person in whose possession they have been found, to appear before, any police magistrate to show cause why they and any parcel aforesaid should not be forfeited.

5824 . AGRICULTURE. Pure Seeds Act. 4 GEO. V. No. 30, Proceedings (4.) Upon the said owner or person so appearing, or ~ t~~ ~ ~~ ~ if after being so summoned he fails to appeal', the said magistrate may, after inquiry into the matter, and if satisfied by reasonable proof that the seeds were intended to be sold or used for planting or sowing and were un: fit~ adjudge such seeds, and also every such parcel, to be forfeited. In default of such reasonable proof,'the seeds and the said parcel shall be forthwith restored to the owner or person in whose possession they were found. Power to 8. (1.) On payment or offer to any person selling, ~ : l: :~ ~ ~~ d delivering or carrying for delivery, or p~ eparing .for sale take samples. any seeds, or to any person apparently actmg as hIS agent or servant or apparently in charge of the seeds, of the current market value thereof or at the rate of payment prescribed therefor, any offic~ r may demand and select and take or obtain samples of the said seeds for the purposes of this Act. (2.) Any officer may require any person as aforesaid to show and permit the inspection of the parcel in which such seeds are at the time kept, and may take or may require the said person to take t.herefrom the samples demanded. (3.) Where any seeds are kept for retail sale and are usually sold in a made-up parcel, no person shall be required by any officer to sell less than the whole of such parcel. (4.) If any rates have been prescribed for the payment for samples of any seeds, it shall not be necessary for any officer to tender any higher price for such sample. Manner in (5.) An officer taking or obtaining any sample of :u1. whiot s~m1!e seeds as last aforesaid shall divide the sample into three e ea parts, and shall mark and seal or fasten up each such part in such manner as its nature permits, and shall offer one of such parts to the person from whom he took or obtained the sample: Provided that when any seeds are contained in a. parcel in such qllantity that their division into three parts, as hereinbefore provided, would furnish parts insuffi- cient for accurate examination, additional parcels, which purport to contain similar seeds, may be taken or obtained; and the contents of two or more parcels may be mixed together and the mixture divided and submitted fOl~ examination as herein provided.

AGRICULTURE. 5825 1913. Pure Seeds Act. He shall subsequently deliver another of such parts to an expert for examination, and shall retain the third of such parts. . Such delivery to an expert may be effected either personally or by sending the seeds by registered post addressed, or by railway consigned, to the expert at his usual address or in such other manner as may be prescribed. 9.\ (1.) On receipt of allY sample of seeds, the expert Duty of shall examine the same and give a certificate of the result expert, &c. thereof. (2.) A copy of the result of any examination of any 'Seeds procured by an officer may be obtained from the expert by the person from whom the seeds so examined were purchased or obtained, on payment of the prescribed fee not exceeding two shillings and six pence. (3.) No copy of any such certificate shall be used in any writing for trade purposes or as an advertisement, and if any person so uses it he shall be liable to a penalty not exceeding fifty pounds. 10. (1.) (i.) Any vendor of seeds which contain a Penalties. larger proportion or amount of foreign ingre- dients than is prescribed; (ii.) Any vendor of seeds who fails to give or send to the purchaser an invoice as required by this Act, or sells or delivers to the purchaser any seeds which are not solely of the kind or kinds sl)ecified in any invoice, agreement, circular, or advertisement relating thereto; (iii.) Any vendor of seeds in any made-up parcel not having the year in which such seeds were grown clearly and indelibly marked on the outside of the parcel; (iv.) Any person who refuses to allow to be taken any sample demanded in accordance with this Act, 01' improperly tampers with any sample or part of a sample taken under this Act; (v.) Any person who assaults, intimidates, or ob- structs, gives, procures, offers, or promises any bribe, recompense, inducement, or reward to influence any officer in the exercise of his powers or in the discharge of his duties under this Act, or attempts so to do ;

5826 AGRICULTURE. . Pure Seeds Act. 4 GEO. V. No. .30, (vi.) Any person who retakes or attempts to retake any seeds seized, taken, or obtained under this A?t, or resists or attempts to prevent such ; seI~ure (vii.) Any person who, without authority (the proof whereof shall lie upon him), opens, alters, breaks, removes, or erases any mark, fastening, or seal placed by any officer, in pursuance of this Act, upon any seeds, or upon any parcel, place, door, or opening containing or affording access to the same; (viii.) Any person who is guilty of any offence against this Act or is guilty of a contravention of or who fails to comply with this Act; shall be liable for a first offence to a penalty not exceeding twenty pounds, and for every subsequent offence to a penalty not exceeding fifty pounds. (2.) Where an offence for which a vendor is liable has in fact been committed by some agent, such age,nt shall be liable to the like punishment as if he were the vendor. - :Forfeiture. 11. (1.) In the case of any conviction under this Act, any seeds to which the conviction relates may, by order of the court, be forfeited to His Majesty. Such forfeiture may extend to the whole of the seeds, and to ,the whole of any similar seeds, and to all parcels containing any similar seeds belonging to the defendant or found on the defendant's premises or in his possession at the time of the committing of the offence. (2.) All seeds forfeited under this Act shall be disposed of as the Secretary for Agriculture may direct. Court may 12. The court shall, on the request of either party to f:~ :;endent any proceedings for an offence against this Act, and may, examination. if it thinks fit, without such request, order that the part of a sample retained by the officer when purchasing or obtaining the sample shall be submitted to another expert for examination; and the officer shall comply with every such order accordingly. Expe~ ses. of • 13. (1.) Where any person is convicted of an offence t e o xa b m e m p a a ~ I l d On by agaInst this Ac . t ' . the cou ' rt shall order that all fees an • d offender. other expenses InCIdent to the examination of any seeds In

• AGRICULTURE. 5827 1913, Pure Seeds Act. respect of which the conviction is obtained (including examination made under the last preceding section) shall be paid by the person convicted. (2.) All such fees arid expenses shall be deemed to be part of the costs attending the conviction, and shall be recoverable in the same manner as such costs are recoverable. 14. (1.) Proceedings for any contravention of this Act Prosecutions. may be instituted by any officer authorised by the Secretary for Agriculture in writing, or by any person aggrieved. (2.) All such proceedings shall be taken in a summary manner before a police magistrate sitting alone. (3.) The summons in any such proceedings shall not be made returnable in less than fourteen days from the day on which it-is served. (4.) There shall be served with the summons a copy of the expert's certificate (if any) obtained on behalf of the prosecution. (5.) When any seeds have been taken or obtained for examination, no prosecution under this Act in respect thereof shall be instituted after the expiration of ninety days from the time they were so taken or obtained. 15. (1.) In any proceeding under this Act instituted Simplific,ation by or under the direction of the Secretary for Agriculture, ~ ! rl~ ~ ~ ~ ~ : es. no proof shaH be required- (et) Of any order to prosecute, or of the particular or general appointment of any officer; or (b) Of the authority of any officer to prosecute. (2.) In any proceedings the production of a certificate Oertificate of examination purporting to be under the hand of. an prfmd facie expert shall be sufficient evidence of the facts stated eVIdence. therein, unless the defendant requires that the expert shall be called as a witness, in which case he shall give notice thereof to the plaintiff or prosecutor not less than three clear days before the );eturn day. (3.) In any proceedings the burden of proof that any Onus of seeds were not dealt with or prepared or offered or received proof. or had in possession or kept or exposed or sent or forwarded or supplied or delivered or intended for sale or for purposes of sale, or sold, or that the same were not intended for planting or sowing, or that an invoice was given or sent by the vendor of the seeds to the purchaser, shall in every case be on the defendant.

5828 AGRICULTURE. Pure Seeds .Act. 4 GEO. V. No. 30, 191a. (4.) The purchase and sale of a sample of any seeds under this Act for the purpose of examination shall be deemed to be a purchase and sale of such seeds for plant- ing or sowing, unless the vendor proves that the bulk from which such sample was taken was not offered, exposed, or intended for sale for planting or sowing. l'roof of (5.) Where in any prosecution under this Act a con~ - o o a f a f m en p c l e e. as to travention of this Act is proved in regard to any sample of seed or any part thereof, such contravention shall be deemed to have been proved with regard to the whole lot from which the sample was taken. Power to 16. An officer may at any time require the purchaser idnefmoram. nadtion. of any seeds to state the name and address of the vendor from whom he purchased such seeds and the price charged or paid therefor, and also to produce for inspection any invoice, agreement, circular, or advertisement given to him by the vendor. SaTing. 17. Nothing contained in this Act and no proceedings taken under this Act against any person shall in any way interfere with any right or remedy by civil process which any person aggrieved by any contravention of this Act might have had if this Act had not been passed. m Preo a g . w k u o learti t o o ns. time 1 m 8. ak ( e 1.) rTeghuelaGtioovnesrnoasr intoCoaunnycilmmatateyrsfrowmhattismoeevteor necessary to give effect to this Act. Fees and pena.lties. (2.) Such regulations may prescribe fees for any examination under this Act, and penalties not exceeding ten pounds for a contravention of any regulation. Publication. (3.) All such regulations shall be published in the Gazette, and when so published shall have the force of law and shall be judicially noticed, and shall be laid before both Houses of Parliament within forty days after the same have been made if Parliament is then sitting, and if not then within forty days after the next meeting of Parliament. APPROPRIATION ACTS. See CONSTITUTION. BECHE-DE-MER. See FISHERIES.