Second-hand Fruit Cases Acts Amendment Act of 1952 (1 Eliz Ii No. 40) (Qld)

AGRICULTURE. 1 E liz . II. No. 10, 1952. Second-hand Fruit Cases, Etc., Act. 3 An Act to Amend “The Second-hand Fruit Cases 1 N E o l . iz 4 . 0 I . I. T he Acts, 1940 to 1951,” in certain particulars. S econd - hand F ruit C ases A cts [A ssented to 2 nd D ecember , 1952.] A mendment A ct op 1952. 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:— 1. (1.) This Act may be cited as “ The Second-hand Short title Fruit Cases Acts Amendment Act of 1952,” and shall be construction, read as one with *“ The Second-hand Fruit Cases Acts, 1940 to 1951,” herein referred to as the Principal Act. (2.) The Principal Act and this Act may be Collective collectively cited as “ The Second-hand Fruit Cases tltle- Acts , 1940 to 1952.” 2. Section two of the Principal Act is amended by Amendment adding thereto, the following subsections, namely:—ofs-2- “ (3.) The Governor in Council may at any time and from time to time determine that this Act shall be in force in any area additional to the area specified in subsection two of this section. Such a determination shall be notified by Proclamation published in the Gazette which Proclamation shall fix a date on and from which this Act shall be in force in that additional area. (4.) The Governor in Council may— (a) By a further Proclamation published in the Gazette, fix a date after which this Act shall cease to be in force in any additional area ; ( b) At any time and from time to time while this Act is in force in any additional area, by a further Proclamation published in the Gazette, alter the boundaries as subsisting for the time being of that additional area. (5.) When the Governor in Council has determined that this Act shall be in force in any additional area, then, except as herein otherwise provided, this Act shall be in force in that additional area on and from the date fixed in the Proclamation notifying the determination and thereafter while this Act continues in force unless the Governor in Council shall, by * 4 G. 6 No. 29 and amending Acts.

4 AGRICULTURE. Second-hand Fruit Cases, Etc., Act. 1 E liz . II. No. 40, Proclamation, fix an earlier date after which this Act shall cease to be in force in that additional area, whereupon this Act shall so cease on the last moment of that earlier date. (6.) The term “ additional area ” wherever appearing subsequent to this subsection in this Act means an area (whether as originally defined or as redefined for the time being consequent on alterations in the boundaries thereof made under the authority of this section) in which this Act is in force pursuant to a determination made by the Governor in Council under subsection three of this section.” Amendments 3. Section three of the Principal Act is amended— ofs'3' (a) By adding to the definition of the term “ Committee ” in that section the words “ by the name of “ The Southern Queensland Second-hand Fruit Cases Committee ” or, in relation to any additional area for which there is subsisting a separate Committee constituted under this Act, that Committee ”. ( b ) By inserting the following definition after the definition of the term “ Dealer ” in that section, namely :— Inspector. “ Inspector ”—An inspector appointed or deemed to be appointed under this Act, or any other person at a time when such other person is authorised by the Minister to act as an inspector under and for the purposes of this Act; ” (c) By inserting after the word “ shed”, in the definition of the term “ Place ” in that section the words “ market, stall, yard,” ; also by adding to that definition the words “ , any barrow, cart, truck, or other vehicle whatsoever, and any boat, ship, or other vessel whatsoever ” ; (d) By repealing the definition of the term “ Second-hand fruit case ” in that section and by inserting, in lieu of that repealed definition, the following definition :— Second-hand fruit case. “ “ Second-hand fruit case ”—A case of the dimensions as respects size or measurements or capacity prescribed by *“ The Fruit and Vegetables Act of 1947 ” (including the * II G. 6 No. 29.

AGRICULTURE. 5 1952. Second-hand Fruit Cases, Etc., Act. regulations thereunder) and which has been used for containing fruit or vegetables, or both fruit and vegetables and which at any material time, does not contain fruit or vegetables ; ” (e) By inserting in the definition of the term “ This Act ” in that section the word “ Proclamations,” before the words “ Orders in Council ” ; (/) By adding to that section the following paragraph:— “Any reference in this Act to any other Act shall be Reference to taken to include a reference to any later Act amending other Acts. or in substitution for that other Act.” 4:. Section four of the Principal Act is amended— Amendments of s 4. (a) By repealing paragraph (iii.) of subsection one thereof and by inserting, in lieu of that repealed paragraph, the following paragraph, namely:— “ (iii.) Two members nominated by the society registered under *“ The Co-operative Societies Acts, 1946 to 1951,” by the name of “ The Queensland Chamber of Fruit and Vegetable Industries Co-operative Limited” as representatives thereof”. (b) By repealing the words “ the Queensland Chamber of Fruit and Vegetable Industries ”, where twice appearing in subsection five thereof and by inserting, in lieu of those repealed words, the words “ The Queensland Chamber of Fruit and Vegetable Industries Co-operative Limited ”. (c) By adding thereto the following subsection, namely :— “ (6.) The Second-hand Fruit Cases Committee constituted under the provisions of this Act as in force prior to the passing of f“ The Second-hand Fruit Cases Acts Amendment Act of 1952,” shall, by the changed name of “ The Southern Queensland Second-hand Fruit Cases Committee”, be such Committee for the area denned in subsection two of section two of this Act and for any additional area in contiguity with that area firstmentioned and for which there is not for the time being a subsisting separate Committee. * 10 G. 6 No. 50 and amending Acts, t This Act.

6 AGRICULTURE. Second-hand Fruit Cases, Etc., Act. 1 E liz . II. No. 40, Subject to this Act, that Committee shall continue to be constituted by the Director of Marketing and the representative members thereof in office as at the passing of *“ The Second-hand Fruit Gases Acts Amendment Act of 1952,” until the expiration of the term of three years for which those representative members were appointed, and the nomination and appointment of each of those representative members is hereby confirmed and ratified accordingly. The change in the name of that Committee shall not affect howsoever the continuity of its identity or any of its rights or obligations and any right or obligation which could have been enforced by or against it under its former name may be enforced by or against it under its changed name.” N in e se w rt s e . d 4 . a four 5 o . fTthheis foAllcotw, innagmseelcyti:o—n is inserted after section SCeopmamraittetees const “ it [ u 4 t a e . d ] ( u 1 n .) deAr ansdepianraatcecordCaonmcemwittiethe thmisasyectiobne for any additional area and shall be so constituted for any additional area which is not in contiguity with the area defined in subsection two of section two of this Act, but at any time (whether before the constitution or after the dissolution of the separate Committee) when there is not a separate committee for an additional area the Committee referred to in section four of this Act shall, for the purposes of this Act, be the Committee for that lastmentioned additional area. (2.) Each separate Committee shall be constituted by Order in Council and shall be called “The {name assigned thereto ) Second-hand Fruit Cases Committee ”, and shall be deemed to be constituted upon the first appointment of the members other than the Director of Marketing thereof. (3.) The Director of Marketing shall be ex officio a member of every separate Committee, and the Governor in Council by the Order in Council constituting a separate Committee or by any subsequent Order in Council— {a) Shall fix the total number of members thereof and representation thereon; and (b) May prescribe, provide for, and regulate the things and steps to be done and taken with respect to constituting the separate * This Act.

AGRICULTURE. 7 1952. Second-hand Fruit Cases, Etc., Act. Committee, including specifying the persons, or bodies or associations of persons, entitled to representation thereupon, either separately or conjointly, the assignment of representation thereon, the nomination of representatives thereupon, and their appointment as members. (4.) Subject to reading the provisions thereof relating to representation as referring to representation upon the particular separate Committee in question and to applying the same with all necessary adaptations accordingly, the provisions of subsections two, three, four and five of section four of this Act shall apply in respect of any and every separate Committee. (5.) Any and every separate Committee shall, in respect of the additional area for which it is constituted, have and exercise the functions, powers and authorities and perform the duties conferred or imposed upon “ the Committee ” by this Act and every provision of this Act shall be read subject to all such adaptations as are necessary to give it application and effect accordingly.” 6. Section sixteen of the Principal Act is amended Amendment by adding thereto the following subsection, namely :— ' “ (6.) The Committee shall have and may exercise from time to time (and shall be deemed to have had at all times) the power to exempt for such period or periods as it thinks fit, all or any persons, or all or any persons included in any class or classes of persons, either generally or in any particular cases, from complying with all or any of the provisions of this section, and within the period or periods fixed by any such exemption, the provisions of that exemption shall have effect: Provided thatnothing in this subsection contained and no such exemption shall prejudice or otherwise affect the provisions ofsubsection two ofsection eighteen of this Act.” 7 . The following sections, numbered 16 a and 16 b , insertion of respectively, are inserted after section sixteen of the i 6 b !6 a Principal Act, namely :— “[26 a .] (2.) With the object of securing the more Power to effective distribution of second-hand fruit cases among ^^to growers of fruit or vegetables or fruit and vegetables supply whenever the Committee considers need thereof has “u^casesT1 arisen or may arise, the Committee may from time to to certain time by writing direct any dealer for the period specified growers-

8 AGRICULTURE. Second-hand Fruit Cases, Etc., Act. 1 E liz . II. No. 40, in the direction, to sell and deliver the whole or a specified proportion of the second-hand fruit cases in his possession for sale during that period to only growers of fruit or vegetables or fruit and vegetables in such part of the State as the direction specifies or as are individually named in such direction. (2.) Any dealer to whom a direction is given under this section during the period specified in that direction—: (i.) Upon payment or tender by any grower of fruit or vegetables or fruit and vegetables for whose benefit the direction is given of the price payable for the cases (computed according to the maximum price fixed and declared under *“ The Profiteering Prevention Act of 1948,” to be paid to dealers for second-hand fruit cases sold by them at the place where the second-hand fruit cases are situated) shall not fail to sell and deliver at such place to that grower any second-hand fruit cases subject to such direction ; or (ii.) Shall not sell or otherwise supply any second­ hand fruit cases subject to that direction to any person other than a grower of fruit or vegetables or fruit and vegetables for whose benefit the direction is given. (3.) Directions may be given by the Committee for any area within which this Act is in force, from time to time under this section for the benefit of growers of fruit or vegetables or fruit and vegetables within or without that area and this section shall apply and extend accordingly. Dealers obliged to buy [ 16 b . ] It shall at all times be the duty of every dealer licensed under this Act to buy all second-hand second-hand fruit cases offered for sale to him. fruit cases available. If at any time the Committee is of the opinion that any such dealer has, without reasonable excuse, failed to carry out this obligation it may cancel the license of that dealer.” * 12 G. 6 No. 26.

AGRICULTURE. 9 1952. Second-hand Fruit Cases, Etc., Act. 8 . Section seventeen of the Principal Act is Repeal of repealed and the following section is inserted in lieu of ®n^7new that repealed section, namely :— “[27.] Except as provided by or permitted under second-hand this Act, a person other than a grower of fruit or vegetables or fruit and vegetables shall not— purchased, (i.) Buy or otherwise obtain or attempt to buy authority, or otherwise obtain or cause or attempt to cause to be bought or otherwise obtained any second-hand fruit case ; or (ii.) Have in his possession any second-hand fruit case which he does not intend to sell or supply to a dealer licensed under this Act: Provided that a person shall not offend against subparagraph (ii.) of this section who has in his possession any second-hand fruit case obtained by him on buying fruit or vegetables or fruit and vegetables sold or supplied in that case when such fruit or vegetables or fruit and vegetables are consumed or used solely in his home.” 9 . Section eighteen of the Principal Act is repealed Repeal of and the following section is inserted in lieu of that®“^8new repealed section, namely :— ’ “ [25.] (2.) (a) Except as provided by or permitted Offences under this Act, ? an J y p jt erson whomsoever shall not— tyoitshecroensdP- eot (i.) Dcaesster;oyor or damage any second-hand fruit c h a a s n e d s. fruit (ii.) Let or take either on hire or otherwise by or under any arrangement or device in the nature of a letting or license any second-hand fruit case; or (iii.) Obtain or supply or use any second-hand fruit case for any purpose whatever other than as a container of fruit or vegetables or fruit and vegetables. (b) The Committee may from time to time at its discretion by writing permit subject to such terms, provisions, and conditions as it may think fit to impose and specify in such permit— (i.) Any person to let or take either on hire or otherwise by or under any arrangement or device in the nature of a letting or license any specified quantity of second-hand fruit

10 AGRICULTURE. Second-hand Fruit Cases, Etc., Act. 1 E liz . II. No. 40, cases or, without specifying the quantity, any second-hand fruit cases of any class or description specified or as otherwise described ; (ii.) Any person to obtain or supply or use, according as specified, a specified quantity of second-hand fruit cases or, without specifying the quantity, any second-hand fruit cases of any class or description specified or as otherwise described for any purpose other than as containers of fruit or vegetables or fruit and vegetables. (2.) Except as provided by or permitted under this Act, a person not being licensed under this Act as a dealer shall not— (i.) Buy or obtain or sell or attempt to buy or obtain or sell any second-hand fruit case from or, as the case may be, to any other person not being then licensed under this Act as a dealer ; or (ii.) Supply or deliver to, or receive or take delivery of from any other person not being then licensed under this Act as a dealer any second-hand fruit case ; or (iii.) Remove or cause or permit or suffer to be removed any second-hand fruit case from any place owned or occupied or controlled by him : Provided that paragraph (iii.) of this subsection shall not apply when the second-hand fruit case is delivered to a dealer licensed under this Act. The provisions of this subsection relating to the buying or obtaining or attempting to buy or obtain any second-hand fruit case and to the receiving or taking delivery of any second-hand fruit case apply and extend to persons within or without the area within which this Act is in force buying or obtaining or attempting to buy or obtain or, as the case may be, receiving or taking delivery of any second-hand fruit cases from within such area. (3.) A person shall not offend against this section for destroying or damaging any second-hand fruit case, or using any second-hand fruit case for any purpose

1952. AGRICULTURE. Second-hand Fruit Cases, Etc., Act. 11 whatever other than as a container of fruit or vegetables or fruit and vegetables, or for removing or causing or permitting or suffering to be removed any second-hand fruit case from any place owned or occupied or controlled by him where that second-hand fruit case is obtained by him on buying fruit or vegetables or fruit and vegetables sold or supplied in that case when such fruit or vegetables or fruit and vegetables are consumed or used solely in his home.” \ 10 . Section nineteen of the Principal Act is Amendments amended— ofs'19' (i.) By repealing in that section the words “ case is ” and by inserting, in lieu of those repealed words, the words “ cases are (ii.) By repealing in that section the words “ case in such manner ” and by inserting, in lieu of those repealed words, the words “ cases in such manner ”. (iii.) By adding to that section the following paragraph.:— “ A person to whom a permit is granted under this section shall use or dispose of the second-hand fruit cases subject to that permit only in the manner specified in such permit.” 11. Section twenty-one of the Principal Act is Repeal of repealed and the following section is inserted in lieu ofgn 2 inew that repealed section :— “ [21.] Notwithstanding anything to the contrary Application contained in any Act, all second-hand fruit cases shall be Geo. vt . and be deemed to be, and shall at all times have been and No. 34. been deemed to be, declared goods under and within the meaning of *“ The Profiteering Prevention Act of 1948,” including all Proclamations, Orders in Council, and regulations thereunder, and the provisions of that Act shall extend and apply, and shall at all times have been deemed to extend and apply accordingly : Provided that the Governor in Council may, by Order in Council under *“ The Profiteering Prevention Act of 1948,” declare that all second-hand fruit cases shall no longer be or be deemed to be declared goods * 12 G. 6 No. 34.

12 AGRICULTURE. Second-hand Fruit Cases, Etc., Act. 1 E liz . II. No. 40, under and within the meaning of that Act, and while any such Order in Council remains in force, all second­ hand fruit cases shall not be or be deemed to be declared goods under and within the meaning of that Act.” Amendments *of s. 22. 12 . Section twenty-two of the Principal Act is amended— (a) By inserting after the word “ licensed ” in the first paragraph of subsection three thereof the words “ by it ” ; (b) By repealing in the second paragraph of subsection three thereof the words “ transmitted by the Committee to dealers licensed ” and by inserting, in lieu of those repealed words, the words “’received by dealers licensed by the Committee ” ; (c) By repealing subsections four and five thereof; (d ) By adding thereto the following subsections, namely:— “ (4.) The Governor in Council may by Order in Council make provision for contribution to the funds of any separate Committee for an additional district by the persons, or bodies or associations of persons represented thereon, including the shares respectively payable by each such body or association of the total amount of the contribution, the recovery by the separate Committee of any unpaid amount of the contribution, and the apportionment among and recovery from its members by any such body or association of any amount so contributed by it. (5.) The Committee constituted by the name of “ The Southern Queensland Second-hand Fruit Cases Committee ” may from time to time advance or transfer such sum or sums of money as are approved by the Governor in Council, by Order in Council, upon such terms and conditions, if any, as are specified in such approval, from its funds to the funds of any separate Committee for an additional area for the purpose of paying all or any costs, charges, and expenses incurred in and with respect to the doing and executing of the powers, authorities, functions, and duties of such separate Committee under this Act. (6.) Upon the repeal of this Act, all moneys remaining to the credit of any Committee or, upon this Act ceasing to be in force in any additional area for

AGRICULTURE. 13 1952. Second-hand Fruit Cases, Etc., Act. which there is a subsisting separate Committee, all moneys remaining to the credit of that separate Committee after discharging all debts and the payment of all expenses involved in winding-up shall be disposed of as directed by the Governor in Council.” 13. Section twenty-three of the Principal Act is^“e^ment amended by adding to that section the following ' ’ subsections :— “ (7.) The Committee shall have and may exercise the same powers with respect to the cancellation of any permit granted by it under this Act as it has with respect to the cancellation of a license granted by it hereunder and the provisions of this Act shall for this purpose apply and extend, with any necessary adaptations thereof, accordingly. (8.) Any fine, penalty, or forfeiture imposed under this Act shall be paid to the Committee which authorised the making of the complaint or application.” 14. Section twenty-five of the Principal Act is Amendment amended by adding to that section the following ' ' paragraphs, namely :— “ The power to make with respect to any second­ hand fruit cases, any Committee, or any matter whatsoever, any regulation under this Act shall include power to make that regulation so that it may be of general or specially limited application according to time, place, purposes, or circumstances, or otherwise as is prescribed. The power to make regulations with respect to any matter shall include power to make regulations under this section prohibiting that matter either generally or to meet particular cases. Regulations may differ with respect to different Committees.”