Second-hand Fruit Cases Act of 1940 (4 Geo Vi No. 29) (Qld)

I. PUBLIC ACTS OF THE PARLIAMENT OF QUEENSLAND, 4° G EORG11 VI. AGRICULTURE. An Act to Conserve, Control, and Adjust Supplies of 4 N GE o O . . 29 V . I. Second-hand Fruit Cases. THE SECOND-HAND FRUIT CASES [ASSENTED TO 28TH NOVEMBER, 1940.] ACT OF 1940. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lativeAssemblyof Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as " The Second-hand Fruit Short title. Cases Act of 1940." 2. (1.) This Act shall continue in force for the Period for duration of the present war and for such period thereafter : h~ch.Act as Parliament shall from time to time by resolution f~ rc: . ill determine: Provided that if Parliament is not in session upon the date of the termination of the present war this Act shall, in any event, continue in force until the expiration of the fourteenth sitting day of the next ensuing session. (2.) Except as otherwise hereinafter provided, this A~ ea. Act shall be in force within an area comprising that part : ~ ~ ~ Act of the State of Queensland situated within the following to be in boundaries, namely :_ force. Commencing on the sea-coast at the mouth of tl18 Pine River, and bounded thence on the north by a line west to the meridian of 151 degrees 30 minutes east longitude, on the west by that meridian south to the boundary of the State; and thence by the boundaries thereof north-easterly and northerly to the point of commencement. A

17852 AGRICULTURE. 8e'cond-hand Fruit Oases Act. 4 GEO. VI. No. 29, Meanings 3. In this Act, unless the context otherwise indicates of terms. or requires, the following terms shall have the meanings respectively assigned to them, that is to say :- Committee. "Committee "-The Second-hand Fruit Cases Committee constituted under this Act; Committee of Direction. "Committee of Direction "-The Committee of Direction constituted under *" The Fruit Marketing Organisation Acts, 1923 to 1940" ; Dealer. " Dealer "-A person who (and whether alone or in conjunction with any other business) exercises or carries on the business of dealing in or buying or selling second-hand fruit cases ; Minister. " Minister "-The Secretary for Agriculture and Stock or other Minister of the Crown charged for the time being with the administration of this Act; Person. " Person "-Includes company, partnership, or firm, and any body or association of persons, corporate or unincorporate; Place. "Place"-Includes any house, shop, warehouse, factory, building, station, wharf, shed, or any land or premises whatsoever and wheresoever situated; Prescribed. " Prescribed "-Prescribed by this Act; Second-hand fruit case. "Second-hand fruit case "-A case of the size, measurement, and capacity prescribed by t" The Fruit and Vegetables Acts, 1927 to 1939," and which has been used for the packing of fruit and/or vegetables; This Act. " This Act "-This Act and all Orders in Council, regulations, and notifications made or given or purporting to be made or given hereunder and for the time being in force. Constitution of the 4. (1.) For the purposes of this Act a Committee Second- to be called" The Second-hand Fruit Cases Committee" h C a a n se d s Fruit (hereinafter referred to as "the Committee") shall be Committee. constituted, which Committee shall be deemed to be so * 14 Geo. V. No. 39 and amending Acts, supra, pages 10766 et Bet]. t 18 Geo. V. No. 3 and amending Acts, Bupra, pages 11840 et Beq.

1940. AGRICULTURE. .Second-hand Frtlit Oases Act. 17853 constituted on the date of the first appointment of the members thereof, other than the Director of Marketing, and shall consist of five members as follows, namely :- (i.) The Director of Marketing who shall ex officio be a member of the Committee; (ii.) Two members nominated by the Committee of Direction as representatives thereof; (iii.) Two members nominated by the organisation known as "The Queensland Chamber of Fruit and Vegetable Industries" as representatives thereof. (2.) Every member of the Committee other than the Appoint- Director of Marketing shall be appointed by the Minister :: ~b~ ~ of by notification published in the Gazette and shall, subject the . to this Act, be appointed for a period of three years and CommIttee. be eligible for re-appointment. (3.) The Minister may, by a notification published Appoint- in the Gazette, from time to time appoint another person : ~ ~ t; f with general authority to act as a member of the fo~ the Committee in the room of the Director of Marketing ~~~!~~~: during any absence of the said Director, and the fact that such person so acts shall be conclusive proof of the absence of the said Director. Any such appointee shall hold his appointment during the pleasure of the Minister. (4.) The members first appointed to the Committee shall hold their respective offices on and from the date of the first appointment of the members other than the Director of Marketing, and members subsequently appointed under subsection two of this section shall hold office on and from the date of the expiration of the office of the members they are appointed to succeed. (5.) I f - (i.) Within seven days after a date appointed by the Minister (who is hereby authorised to appoint such date) the two persons to be appointed as members of the Committee under paragraph (ii.) or under paragraph (iii.) of subsection one of this section have not been duly nominated by the Committee of Direction or, as the case may be, the Queensland Chamber of Fruit and Vegetable Industries; or

17854 AGRICULTURE. Second-hand Fruit Oases Act. 4 GEO. VI. No. 29, (ii.) At any time either or both of the persons so nominated has or have signified to the Minister his or their refusal to act as a member or members of the Committee, the Minister may nevertheless appoint two persons to be members of the Committee and representatives of the Committee of Direction or, as the case may be, the Queensland Chamber of Fruit and Vegetable Industries~ and, subject as hereinafter provided, every member so appointed shall be and be deemed to be a duly appointed member of the Committee: Provided that the Minister shall include in such appointment every person who has been duly nominated and who has not signified to the Minister his refusal to act as a member of the Committee. Disqualifica- 5. The office of a member of the Committee other : ' ~ : : ! = p than the Director of Marketing shall become vacant if of such member- Committee. • (a) Dies or becomes mentally sICk; or (b) Becomes bankrupt or compounds with, or assigns his estate for the benefit of, his creditors; or (c) Is absent without leave of the Committee from three consecutive ordinary meetings of which due notice has been given to him; or (d) Resigns his office by notice under his hand addressed to the Minister; or (e) Is convicted of an indictable offence or of an offence against this Act. Extra- ordinary vacancies. 6. Any extraordinary vacancy which at any time occurs in the office of member other than the Director of Marketing by death, resignation, or otherwise shall be filled as soon as may be by the appointment by the Minister of another member; but a member appointed to fill any such vacancy shall hold the office of his predecessor, and shall hold office only so long as his predecessor would have done had no such vacancy occurred. aCchnhadaiirdrmmepaanun.ty the C 7 o . mTmhietteMe, inpiustresruasnhtaltlo, roensotlhuteiornecoofmthmeeCndoamtimonitteoef . at its first meeting, by notification in the Gazette appoint a member to be the chairman and another member to be the deputy chairman of the Committee.

AGRICULTURE. 17855 1940. Second-hand Fruit Cases Act. If the Committee fails to resolve upon its chairman . and deputy chairman at its first meeting the Minister may nevertheless appoint two of its members to be respectively chairman and deputy chairman. 8. (1.) The Committee shall meet at such times and Times of places and conduct its business in such manner as may be :~ tings prescribed or, in so far as not prescribed, as it may from procedure time to time determine: thereat. Provided that the Minister shall fix the time and place for the holding of the first meeting thereof. Special meetings may be summoned at any time Spec~ l by the chairman, and shall be so summoned by him upon meetmgs. a requisition in writing signed by any two members.· (2.) At all meetings of the Committee every member Voting. present shall vote. If a member refuses to vote his vote shall be counted for the negative. In the event of an equality of votes the chairman or, in the absence of the chairman the deputy chairman, shall have a casting as well as a deliberative vote. No business shall be transacted at any meeting Quorum. of the Committee unless at least three of the members are present when such business is transacted. (3.) The members present at a meeting may from Adjourn. time to time adjourn the meeting. menta. If a quorum is not present within half-an-hour after the time appointed for a meeting, the members present or the majority of them or anyone member if only one is present, or the secretary if no member is present, may adjourn such meeting to any time not later than seven days from the date of such adjournment: Provided that nothing herein contained shall be construed to prevent the adjournment of any meeting to a later hour of the same day on which such meeting was appointed to be held. (4.) All notices of any meeting or adjourned Noti~ es of meeting (other than of a meeting adjourned to a later meetmgs. hour of the same day on which such meeting was appointed to be held) shall be in writing, and shall be delivered or sent by post or otherwise to the address .of each of the members previous to the meeting.

17856 AGRICULTURE. Se'condrhand Fruit Cases Act. 4 GEO. VI. No. 29, Every such notice shall specify the time of meeting and, in the case of a special meeting, shall specify the object thereof. No business shall be transacted at any special meeting except such as is stated in the notice thereof. Validation (5.) If any member refuses or neglects to act or to ~! oceedings. attend any duly convened meeting of the Committee, all lawful acts and proceedings of the Committee shall be as valid and effectual as if they had been done or authorised by the full Committee. No proceedings of the Committee or of any person acting as chairman or member shall be invalidated by reason of any defect in his appointment or of any disqualification of any such person or by reason of there being any vacancy in the number of members at the time of such proceedings, provided that the number of members is not reduced below three. Appoint- ment of deputy member. 9. (1.) If a member is likely from any cause to be absent from meetings of the Committee for more than three months, the Minister may appoint a deputy to act for such member during his absence. (2.) A deputy shall have the same powers, rights, and duties as the member in whose place he is appointed. Committee to administer Act. Appoint- ment of inspectors, &c. 10. (1.) The Committee shall, subject to the Minister, be charged with the administration of this Act. (2.) The Committee may, with the approval of the Minister, appoint a secretary and such inspectors and other officers as may be necessary for the purpose of giving effect to or for the convenient carrying-out of this Act. The Minister may authorise any officer or employee of the Committee or of the Committee of Direction or any member, officer, or employee of the Queensland Chamber of Fruit and Vegetable Industries to act as an inspector under and for the purposes of this Act. Every inspector appointed under *" The Diseases in Plants Acts, 1929 to 1937," shall be and be deemed to be, ex officio, an inspector duly appointed under this Act. * 20 Geo. V. No. 11 and amending Acts, supra, pages 12391 et 8eq.

AGRICULTURE. 17857 1940. Second-hand Frtlit Cases Act. 11. (1.) The Committee may determine the district License within which a dealer shall be authorised by his license ~:;lt~; by to purchase or otherwise obtain supplies of second-hand Com. mi~ tee fruit cases, and may also determine the district within to dIStrIct. which a dealer shall be authorised by his license to sell or supply second-hand fruit cases to fruit and/or vegetable growers and other persons authorised under this Act to obtain supplies of second-hand fruit cases. (2.) A notice of every such determination made by the Committee in his case shall be served upon the dealer concerned. (3.) Any dealer who buys or obtains or sells or supplies any second-hand fruit case contrary to a determination so made in his case shall be guilty of an offence. 12. (1.) The Committee may grant or refuse to grant Dealers to any person a license or a renewal of a license to act i~ ~ ;sed. as or carry on the business of a dealer. Applications for licenses or renewals thereof shall be in the prescribed form and shall be made to the Committee. (2.) No person shall without a license from the Committee act as or carry on the business of a dealer. (3.) Any person who acts as or carries on the business of a dealer at any time when he is not licensed by the Committee so to do shall be guilty of an offence and liable, in the case of a company, to a penalty of not more than one hundred pounds, and liable in other cases to a penalty of not more than fifty pounds. In addition to the penalty hereinbefore in this subsection prescribed, a company shall be liable to a daily penalty not exceeding twenty pounds, and any other person shall be liable to a daily penalty not exceeding five pounds for each and every day during which an offence against this subsection is continued by him or it after a conviction therefore 13. (1.) Subject to this Act, any license granted by Per~ od the Committee shall take effect from the date of issue ! ~ ~ thereof and shall expire upon the expiration of twelve license or months from the date of issue thereof. ; ~ : ~ : a~ l . ( 2. ~ Every licensee who desires to obtain. a renewal~ ~ : : ~ s in of hIS lIcense shall before the date of the expIry thereof make application to the Committee for a renewal of such license.

17858 AGRICULTURE. Second-hand Fru# Cases Act. 4 GEO. VI. No. 29, A renewal of a license shall take effect on and from the expiry of the original license, and shall, subject to this Act, expire on the expiration of twelve months from the date when same takes effect: Provided that a license may be renewed from time to time in a like manner. (3.) Every license shall have endorsed thereon- (i.) The address of the place in, upon, or from; and (ii.) The terms, provisions, and conditions upon and subject to, which the licensee is authorised thereunder to act as or carry on his business as a dealer : Provided that if a licensee acts as or carries on the business of a dealer in, upon, or from more places than one the address of each such place shall be endorsed upon his license. Offences by 14. Any licensee who acts as or carries on the dliecaelnesresd. business of a dealer- (i.) In, upon, or from any place other than a place the address of which is endorsed upon his license; or (ii.) Contrary to any term, provision, or condition endorsed upon his license, shall be guilty of an offence. Form of 15. (I.) A license under this Act shall be in the license, &c. prescribed form and shall be subject to such terms, provisions, and conditions as may be approved by the Committee, and endorsed thereon. (2.) The Committee may approve of terms, pro- visions, and conditions in respect of a license granted by it different from the terms, provisions, and conditions so approved in respect of any other license or licenses and moreover may, upon any renewal of a license, modify any term, provision, or condition thereof. (3.) A license under this Act shall not be transferable. A license under this Act must be produced by the licensee for inspection upon demand in that behalf made by an inspector.

AGRICULTURE. 17859 1940. Second-hand Fruit Cases Act. A licensee who fails to produce his license upon demand as aforesaid shall be guilty of an offence. (4.) Every licensee shall keep or cause to be kept such books and accounts as shall from time to time be prescribed and shall furnish to the Committee such returns as shall from time to time be prescribed. 16. (1.) Every grower of fruit and/or vegetables or Orders for other person permitted in that behalf under this Act who ~ ~ ~ tn~ ~ ~ : : d desires to purchase or otherwise obtain a supply of to be. second-hand fruit cases shall submit his order for such ~ ~ ~ : tted supply to the Committee, and the Committee shall, if it Committee. approves of the order, transmit same to a dealer licensed under this Act. (2.) The Committee may, in its discretion, vary the quantity of second-hand fruit cases ordered by any such grower or other person. (3.) The dealer licensed under this Act to whom the Committee transmits such order shall sell or otherwise supply to the fruit-grower or other person who gave such order the quantity of second-hand fruit cases ordered by him or, if the Committee has varied such quantity, the quantity thereof approved by the Committee. (4.) Any dealer licensed under this Act who sells or supplies second-hand fruit cases to any grower of fruit and/or vegetables or other person whomsoever (whether such grower or other person is within or without the area within which this Act is in force) except in terms of an order transmitted to him by the Committee as aforesaid shall be guilty of an offence. (5.) This section applies and extends to every grower of fruit and/or vegetables or other person whomsoever within or without the area within which this Act is in force obtaining or desiring to obtain a supply of second- hand fruit cases from within such area. 17. No person other than a grower of fruit and/or Sec~ md. hand vegetables shall- frUlt cases not to be (i.) Purchase or otherwise obtain any second- purchased h' and f rUl 't case; or or used without (ii.) Use any second-hand fruit case for the authority. purpose of containing any goods other than fruit and/or vegetables purchased, sold, or supplied by the case, and no grower of fruit and/or vegetables shall use any second-hand fruit case for the purpose of containing any

17860 AGRICULTURE. Second-hand Fruit Cases Act. 4 GEO. VI. No. 29, goods other than fruit and/or vegetables sold or supplied by him by the case unless such person or grower holds a permit in that behalf from the Committee (which permit the Committee is hereby authorised to grant or refuse to grant). Second-hand fruit cases to be bought and sold through licensed dealers. 18. No person shall- (i.) Destroy or damage any second-hand fruit case; or (ii.) Unless he is licensed under this Act as a dealer, buy or sell or attempt to buy or sell any second-hand fruit case except from or to a dealer licensed under this Act; or (iii.) Unless he is licensed under this Act as a dealer, supply to, or take delivery of from, any other person who is not licensed under this Act as a dealer any second-hand fruit case: Provided that nothing contained in paragraph (ii.) or paragraph (iii.) of this section shall relate to the purchase or sale or supplying by any person of fruit or vegetables contained in a second-hand fruit case in any case where the fruit or vegetables concerned are purchased, sold, or supplied by the case. How 19 . Notwithstanding anything contained in this ~ : ~ ftn~ ~ ~ : nd Act, if any dealer or other person satisfies the Committee which is that any second-hand fruit case is no longer fit for the = :: ~; be purpo~ e of containin~ f~uit and/or v~getables, the disposed of. CommIttee may permIt hIm to use or dIspose of such second-hand fruit case in such manner as it shall think fit. Cancellation 20. (1.) In addition to any other power to cancel of licenses. a license conferred upon it by this Act, the Committee may at any time cancel any license for the time being in force without assigning any reason for such cancellation. Return of certificate. (2.) Any dealer whose license has been cancelled by the Committee shall, within fourteen days from the service upon him by the Committee of notice of such cancellation, surrender his license to the Committee. (3.) On failure to do so such dealer shall be liable to a penalty not exceeding fifty pounds. (4.) The cancellation of the license shall be effectual notwithstanding such failure to surrender such license.

1940. AGRICULTURE. Second-hand Fruit Cases Act. 17861 21. (1.) Notwithstanding anything contained in M~ imum *" The Pro- '. l I" :teering Prevention Acts " 1 s 92 e 0 t c o 1 o 93 n 8 " d or - i h n praIcesnofd any other Act or law, all second-hand fruit cases shall be fruit cases and be deemed to be commodities within the meaning of ~:!J be the said last-mentioned Acts and the Commissioner of . Prices shall, subject as hereinafter provided, have and exercise in relation to all second-hand fruit cases the powers, authorities, and jurisdiction conferred upon him by section ten of *" The Profiteering Prevention Acts, 1920 to 1938." (2.) The Commissioner of Prices may, from time to time, in his absolute discretion fix and declare for and in respect of second-hand fruit cases maximum prices to be paid by dealers for second-hand fruit cases purchased by them and/or maximum prices to be paid to dealers for second-hand fruit cases sold by them, which maximum prices may be so fixed and declared according to or upon any principle or condition prescribed by *" The Profiteering Prevention Acts, 1920 to 1938," or according to or upon any principle or condition prescribed under and in pursuance of this section. (3.) The Governor in Council may from time to time by Order in Council prescribe principles or conditions to be applied by the Commissioner of Prices in fixing or declaring the maximum prices to be paid by dealers for second-hand fruit cases purchased by them and/or the maximum prices to be paid to dealers for second-hand fruit cases sold by them, which principles or conditions may, but without limiting the generality of this subsection, relate to- (a) The basis or bases or method of determination as to what shall constitute such maximum prices and either generally or in respect of any class or classes of second-hand fruit cases; (b) The application by the Commissioner, and either with or without modification thereof. of all or any of the principles and conditions prescribed by paragraph (i.) of section ten of *" The Profiteering Prevention Acts, 1920 to 1938" : Provided that, unless the Order in Council prescribing same otherwise provides, any principle or condition so * 10 Geo. V. No. 33 and amending Acts, supra, pages 9213 et seq.

17862 AGRICULTURE. Secondrhand Fruit Cases Act. 4 GEO. VI. No. 29, prescribed shall be and be deemed to be in aid and not in derogation of the principles or conditions prescribed by *" The Profiteering Prevention Acts, 1920 to 1938." (4.) For the purpose of enabling him to do and execute the acts, matters, and things which may be done and executed by him under and in pursuance of this section, the Commissioner of Prices shall have and may exercise the powers, authorities, and jurisdiction conferred upon him by *" The Profiteering Prevention Acts, 1920 to 1938." (5.) The Committee may, and shall if so required by the Commissioner of Prices, give to the Commissioner of Prices all such information and statistics as will enable him to fix such maximum prices as aforesaid from time to time. Costs of 22. (1.) The Committee shall payout of its funds aindgmAincits.ter- all costs, charges, and expenses incurred in and with respect to the doing and executing of its powers, authorities, functions, and jurisdiction under this Act. (2.) All license fees paid and penalties recovered under this Act shall be pai~ to and form part of the funds of the Committee. (3.) The Committee may make and levy an assess- ment of such amount as may be from time to time prescribed upon all second-hand fruit cases sold or otherwise supplied by dealers licensed under this Act. Such assessment may be made and levied monthly upon the basis of the orders for second-hand fruit cases transmitted by the Committee to dealers licensed under this Act, and the amount of a monthly assessment not paid within the time specified in the notice of assessment may be recovered by the Committee as a debt by action in its own name, or in the name of a person authorised by it. (4.) The Committee of Direction and the organisa- tion known as "The Queensland Chamber of Fruit and Vegetable Industries" shall contribute in equal shares to the funds of the Committee from time to time such sum as will together with the fees and penalties mentioned in subsection two of this section and the amount of the assessments mentioned in subsection three of this section be sufficient to meet all costs, charges, and expenses incurred by the Committee. r~ .. J') 0"0" V. No. 33 and amending Acts, supra, pages 9213 et Bflq.

1940. AGRICULTURE. Second-hand Fruit Cases Act. 17863 The amount of its contribution notified to it by the Committee as payable at any time shall, if not paid in terms of such notice, constitute a debt due and payable by the Committee of Direction or, as the case may be, the Queensland Chamber of Fruit and Vegetable Industries to and recoverable by the Committee. (5.) The Queensland Chamber of Fruit and Vegetable Industries may apportion the amount of all contributions payable by it from time to time to the Committee under subsection four of this section among all persons who are registered as farm produce agents under *" The Farm Produce Agents Acts, 1917 to 1932," and who as agents for others exercise or carry on or advertise or notify that they exercise or carry on the business of selling fruit and/or vegetables or of brokers or factors of fruit and/or vegetables within the area within which this Act is in force. Such apportionment may be so made upon such basis as the Committee shall from time to time determine. All sums payable by any such farm produce agent in terms of an apportionment hereunder shall, if not paid upon demand, constitute a debt due and payable by him to and recoverable from him by the Queensland Chamber of Fruit and Vegetable Industries. 23. (1.) (a) Any person who contravenes or fails to Offences comply with any provision of this Act (including in the generally. case of a dealer licensed under this Act any term, provision, or condition endorsed upon his license) shall be guilty of an offence. (b) Any person guilty of an offence against this General Act for which no specific penalty is prescribed shall be penalty. liable in the case of a dealer licensed under this Act to a penalty of not more than fifty pounds and liable, in the case of any other person, to a penalty of not more than thirty pounds. (2.) Where a dealer licensed under this Act is Reco.rd.of convicted of an offence against this Act (including any convlCtlOn. term, provision, or condition endorsed upon his license) such conviction shall be endorsed upon his license. (3.) Upon the second conviction of a dealer licensed Forfeiture under this Act of an offence against this Act (including of license. any term, provision, or condition endorsed upon his license) the Committee may cancel his license. * 8 Geo. v. No. 17 and amending Acts', supra, pages 8265 et seq.

17864 AGRICULTURE. Second-hand Fruit Cases Act. 4 GEO. VI. No. 29, Such second conviction may relate to a breach of the same provision for offending against which the dealer concerned was first convicted or to a breach of any other provision. Recovery of (4.) All penalties imposed by this Act may be penalties. recovered in a summary way under *" The Justices Acts, 1886 to 1932," upon the complaint of an inspector or of any other person authorised in that behalf by the Committee. (5.) Proceedings for the recovery of a penalty imposed by this Act may be instituted at any time within six months after the commission of the offence, or within four months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period. (6.) When a body corporate commits an offence against this Act, the manager, managing director, or other governing officer, by whatever name called, of such body corporate shall also be deemed to commit such offence and to be liable to the penalty prescribed unless he proves that the offence concerned was committed without his knowledge, connivance, or consent. Evidence. 24. In any proceedings to recover a penalty imposed by this Act- (a) A certificate purporting to be signed by the chairman of, or the secretary to, the Committee and certifying that any person named therein is licensed or, as the case may be, not licensed under this Act as a dealer shall be admissible in evidence and shall until the contrary is proved (the onus of proof whereof shall lie on the party to such proceedings alleging the contrary) be conclusive proof of the fact certified to in such certificate; and (b) The averment on behalf of the prosecutor in the complaint that any case was or isa second- hand fruit case, or that any second-hand fruit case has been purchased or obtained, or sold or disposed of contrary to this Act, or that any place is within that part of * 50 Vic. No. 17 and amending Acts, 8upra, pages 1132 et 8eq.

AGRICULTURE. 17865 1940. Second-hand Fnlit Cases Act. Queensland within which this Act is in force shall be proof of the fact or facts averred and shall be conclusive proof thereof until the contrary is proved (the onus of proof whereof shall be on the defendant). 25. The Governor in Council may from time to Regulations. time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act. Without limiting the generality of the foregoing provisions, the regulations may provide for all or any of the following matters and things :- (a) The form and manner in which the books of accounts of the Committee shall be kept. (b) The audit by the Auditor-General or a qualified accountant approved by him of the books and accounts of the Committee, the powers and duties of the auditor, the obligations, duties, and responsibilities of the members, secretary, and employees of the Committee, and other persons in relation to the audit. (c) The banking of moneys received by or on behalf of the Committee, and the authorisation of deposits made therein by or on behalf of or to the credit of the Committee. (d) The fees and/or allowances of the chairman and other members of the Committee and the salaries and/or allowances of the secretary, other officers, and employees of the Committee. (e) The powers, duties, authorities, and obligations of inspectors, and the obligations, duties, and responsibilities of dealers and other persons in relation to inspectors. (f) The forms to be used under this Act, including forms of licenses and renewals thereof, and of application for licenses and renewals thereof, and forms of returns and notices. (g) Fees for licenses and renewals thereof. (h) The amount of the assessment to be made and levied upon second-hand fruit cases.

17866 AGRICULTURE. Seoond-hand Fruit Cases Act. 4 GEO. VI. No. 29, 1940. (i) The returns to be made by dealers, by growers of fruit and/or vegetables, by agents selling fruit and/or vegetables, and by wholesale and/or retail vendors of fruit and/or vegetables respectively to the Committee, and the information to be disclosed in any such return and the manner of verifying same. (j) All matters required or permitted by this Act to be prescribed in so far as same are not required to be otherwise prescribed. ProcI8.ma.- 26. All Orders in Council and regulations made or ~ O~ B' . purporting to have been made under this Act shall be ~~ ~ h~ a. nd published in the Gazette, and thereupon shall be of the regulations same effect as if they were enacted in this Act and shall ~ ~ ~ thiB be judicially noticed, and shall not be questioned in any Act. proceedings whatsoever. Any such Order in Council or regulation may be repealed or modified by a subsequent Order in Council or regulation under this Act. The publication in the Gazette of any such Order in Council or regulation shall be conclusive evidence of the matters contained therein and of the power and authority to make such Order in Council or regulation as the case may be. All Orders in Council and regulations shall be laid before Parliament within fourteen days after such publication if Parliament is in session; and if not, then within fourteen days after the commencement of the next session. If Parliament passes a resolution disallowing any such Order in Council or regulation of which resolution notice has been given at any time within fourteen sitting days of such House after such Order in Council or regulation has been laid before it, such Order in Council or regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the power to make any further or other Order in Council or regulation. For the purpose of this section and of subsection one of section two of this Act, the term." sitting days" shall mean days on which the House actually sits for the despatch of business.