Seeds Act of 1937 (1 Geo Vi No. 23) (Qld)

AGRICULTURE. 1 GEO. VI. No; 23, 1937. Seeds Act. 16467 An Act to Consolidate and Amend the Law relating 1 ~ ~ ~ . J~ ' to the Sale of Seeds for Planting or Sowing, A~ E OFSE~ ~. and for other purposes. [ASSENTED TO 19TH NOVEMBER, 1937.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by th~ authority of the same, as follows:- * 1. This Act may be cited as "The Seeds Act of Short title 1937," and shall subject as otherwise provided come : ~ !mence­ into operation on a date to be proclaimed by the ment. Governor in Council by Proclamation published in the Gazette, which date is hereinafter referred to as the commencement of this Act. 2. t" 'fhe Pure Seed8 Act of 1913 " and t" The Pure Repeal of the Seed8 Act Amendment Act of 1914" are repealed. t~: o. v. aw The said Acts are herein collectively referred to as ~ ~ 3 the "repealed Acts" : No.efo. . Provided that, but without limiting .the operation Savings. of §" The Acts Shortening Acts " - (a) All Proclamations and notifications made ·and published, all appointments made, all regula- tions and forms made and promulgated, any authority, direction, notice, or order made or given under the repealed Acts, and all things done or purporting to be done under the repealed Acts, and generally all acts of authority originated under the said repealed Acts and in force or subsisting at the commencement of this Act, shall continue in full force and effect and shall so far as is consistent with this Act be deemed to have been made, published, promulgated, given, done, and originated under and for the purposes of this Act; --------- * Proclaimed in force on and from 20th January, 1938. See Proclama- tion of 20th January, 1938 (Gazette of 20th January, 1938, page 123). t 4 Geo. V. No. 30, 8upra, page 5821. t 5 Geo. V. No. 1O, 8upra, page 6189. § 31 .vie. No. 6 and amending Acts, 8upra, pages 15 et 8eq. B

16468 AGRICULTURE. Seeds Act. 1 GEO. VI. No. 23, (b) All matters and proceedings commenced under the said repealed Acts and pending or in progress at the commencement of this Act may ,be continued, completed, and enforced under· this Act. Meaumg of 3. In this Act, unless the context otherwise requires, terms. the following terms have the meanings set against them respectively, that is to say:- Brand. " Brand "-A trade mark, or sign, or word, or statement in writing used as a distinguishing mark for seeds whether or not containing any pictorial or other descriptive matter, and associated with and intended for identifying seeds; Impurities. " Impurities "-Prohibited seeds, weed seeds, other crop seeds, inert matter, insects, seeds infested with insects, diseased seeds, and . such other materials as may be prescribed; Inspector. "Inspector"-An inspector of seeds appointed under this Act; Label. " Label "-A label, tag, brand, or stamp bearing thereon figures, words, or marks prescribed, which label, tag, brand, or stamp is or is prescribed to be affixed upon or inserted inside every package containing the seeds referred to; 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; Officer. . "Officer"-A seed specialist, inspector, or seed analyst or any other officer appointed under this Act: the term includes any person either generally or specifically authorised in that behalf by the Minister in writing; Order in Council. " Order in Council "-Any Order in Council made under this Act; Package. " Package" (with its derivatives)-Includes every means by which seeds are cased, covered, enclosed, contained, or packed: without limiting its generality the term includes a cask, bottle, jar, vessel, bag, box, or other receptacle;

AGRICULTURE. 16469 1937. Seeds Act. " Person "-Includes company, partnership, or Person. any body or association of persons; " Prescribed "-Prescribed by t1.is Act; Prescribed. " Prohibite<;lseeds "-Seeds declared by regulation Prohibited to be prohibited; seeds. "Place"-Includes any house, building, ship, Place. barge, boat, vehicle, car, aeroplane, station, wharf, shed, land, or premises; " Purity "-Purity as referred to in this Act means Purity. analytical purity, and the term " pure seed " means the seed of which the parcel purports to consist after the impurities have been eliminated. The use of the term" purity" or of the term " pure seed" shall not be construed as meaning purity of variety or strain unless specially prescribed; "Pure germinating seed "-Purity percentage Pure. . (ascertained by weight), multiplied by ger- ge~ matmg mination percentage (ascertained by count), see. divided by one hundred; " Regulations"..:...Regulations made under this Regulations. Act; " Sale" (with its deriv~ tives) - Includes barter Sale. or exchange, and also includes dealing in, agreeing to sell or offering or exposing for sale, or having in possession for sale, or sending, forwarding, or delivering for sale or on sale, or causing, suffering,' or attempting any such acts or things; " Seeds "-Any reference to seeds shall be con- Seeds. strued as referring only to seeds the product of a flower used 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 purpose of this Act be deemed to form part of the seeds; " Seed analyst"-A seed analyst appointed under Seed this Act. , . analyst.

16470 AGRICULTURE. Seeds Act. 1 GEO. VI. No. 23, Seed specialist. This Act. Under Secretary. Vendor. " Seed specialist"-An officer of the Department of Agriculture and Stock appointed to examine and/or analyse, or' cause to be examined and/or analysed, seeds for the purposes of this Act; "This Act"-This Act and all Proclamations, Orders in Council, notifications, and regulations made thereunder; "Under Secretary "-The . Under Secretary for the time being of the Department of Agriculture and Stock ; " Vendor "-Any person who sells or offers or exposes for sale, or contracts or agrees to sell or deliver, any seeds. Seeds to 4. (1.) Where the standard or standards in respect cporemscprliybwedith of all or any of the following particulars, namely : - standard. (a) Analytical purity; and/or (b) Germination; and/or (c) Impurities; and/or (d) Pure germinating seed; and/or (e) Weight; and/or (1) Purity of vaFiety or strain, is or are prescribed for any kind of seeds for planting or sowing, all seeds for planting or sowing of such kind shall comply in every such particular with the standard or standards so prescribed. (2.) Every veridor of seeds of any kind for planting or sowing who sells any such seeds which fail to comply with any such prescribed standard as aforesaid in any particular shall be guilty of an offence against this Act. Obligations. 5. Notwithstanding anything contained in any other goaflveeonfdsoere*dms. Act, or Iaw, or ruIe, or process 0 fawI, a cton ract 0 f saIe [*Sic In of seeds for planting or sowing may be made in writing Gazette,. (either with or without seal) or by word of mouth, or ~ ,e: ; . ~ ~ ] partly in writing and partly by word of mouth, or may be implied from the conduct of the parties. In the event of any dispute arising between the vendor and purchaser of any seeds as to whether or not the vendor sold such seeds for planting or sowing then, and in every such case, such seeds shall be deemed to have been sold for planting or sowing unless the vendor proves the contrary beyond reasonable doubt.

1937. AGRICULTURE. -------.-----.-. Seeds Act. 16471 Notwithstanding any agreement to the contrary, the sale of seeds for. planting or sowing, whether .accompanied by an invoice, label, or not, implies that such seeds for planting or sowing are of the kind or kinds -of seeds mentioned in the sale and comply in every particular with the standards prescribed for such seeds. Any statement in an invoice, letter, agreement, 1abel, circular, catalogue, or advertisement issued by or -on the authority of a vendor relating to the sale of seeds for planting or sowing shall, notwithstanding any .agreement to the contrary, constitute a warranty by such vendor that such seeds are for planting or sowing .and are of the kind or kinds specified and comply in -every particular with the standards prescribed for such seeds. Any vendor who sells any seeds for planting or :sowing which are falsely described and/or are not of the kind or kinds specified in the contract of sale and/or mentioned in any invoice, letter, agreement, label, ~ ircular, catalogue, or advertisement issued by or on the authority of such vendor relating to the sale, shall be guilty of an offence against this Act. 6. (1.) Every vendor who sells for planting or Labelling. :sowing any seeds other than seeds in made-up packets <>r packages shall in manner prescribed on or before delivery thereof to the buyer affix to. or upon or insert inside every package containing such seed or any of it a label upon which shall be legibly and indelibly set forth the following particulars, namely :- (a) The full name and address of the vendor: provided that when seeds are sold in the original unbroken container of the packer, such packer's name and address shall suffice; (b) The kind and variety or strain of such seeds; (c) The net weight when packed; (d) Such other matters as may be pres<J.ribed: Provided that the provisions of this subsection shall extend and apply only to such kind or kinds of seeds as may from time to time be prescribed.

16472 - - - - ~ - - - - AGRICULTURE. ~ - - - - ~ - -~ ~- - - - - - ~ - - - Seeds Act. 1 GEO. VI. No. 23, Appoint. ment of officers. (2.) When seeds are sold in made-up packets or packages the following particulars shall be legibly and indelibly marked on the outside of each packet or package, namely:- (a) The full name and address of vendor ·or packer; (b) The kind and variety or strain of such seeds ; (c) The date after which the contents should not be used; (d) Such other matters as may be prescribed. (3.) Every person who- (a) Contravenes or fails to comply with any provision of this section; or (b) Sells any package of seeds to, upon, or inside of which is affixed or inserted a brand, stamp, label, or seal which is fa lse in any material particular; or (c) Brands or stamps, or affixes or inserts a label or seal to, upon, or inside of, any package of seeds with a brand, stamp, label, or seal which is false in any material particular, shall be guilty of an offence against this Act. (4.) In any proceedings for an offence against subsection one of this section it shall be no defence to prove that any purchase of seeds in respect of which such proceedings were instituted complied with sub- section two of this section; and in any proceedings for an offence against subsection two of this section it shall be no defence to prove that any packet or package of seeds in respect of which such proceedings were instituted complied with subsection one of this section. 7. (1.) The Governor in Council may from time to time appoint such officers as may be necessary for the effectual execution of this Act. Every inspector under and within the meaning of *" The Diseases in Plants Acts, 1929 to 1935," or of t" The Dairy Produce Acts, 1920 to 1935," or of ·t" The Diseases in Stock Acts, 1915 to 1936," shall without any further or other appointment be deemed to be an inspector under and for the purposes of this Act. * 20 Geo. V. No. 11 and amending Acts, supra, pages 12391 et seg. t 10 Geo. V. No. 15 and amending Acts, 8upra, pages 9079.et Beg. t 6 Geo. V. No. 16 and amending Acts, supra, pages 7015 et seg.

AGRICULTURE. 164'13 1937. Seeds Act. (2.) No officer shall be liable except in respect of wilful misconduct to any legal proceedings for anything done or omitted to be done in the exercise or execution ·of any of his powers or duties under this Act. 8. (1.) Any officer authorised in that behalf or any Powers and inspector may- . dofuftiiceesrsoafnd (a) Enter and inspect any place which he has inspectors. reasonable grounds for believing is kept or used for the sale, storage, delivery, convey- ance, or preparation for sale of any seeds, and inspect any such seeds; (b) Inspect any seeds which are being conveyed through or on any street, or road, or by water in any vessel, or boat, or by railway or tram- way, or other means of transit, apparently for the purpose of trade, sale, or delivery; (c) Examine and open any seeds or any package enclosing or containing the same in any such place, or conveyed as aforesaid; (d) Remove for examination and/or analysis portions or samples of any such seeds; (e) Seize any seeds and/or any packages enclosing or containing any seeds which he reasonably suspects do not comply in full with the requirements of this Act, or in respect of which he reasonably suspects that all or any of the provisions of this Act have not been complied with in full; (j) Weigh, count, measure, gauge, or mark any such seeds and/or any package enclosing or containing any such seeds, and fasten, secure, or seal the same or any door or opening affording access to the same. (2.) In the case of any portion or sample of seeds having been removed for examination and/or analysis by any officer authorised in that behalf in accordance with this section, or by any inspector, the officer or inspector concerned- (a) Shall forthwith divide the portion or sample into three parts; and (b) Shall mark and seal or fasten up each such part in such manner as its nature permits; and

16474 AGRICULTURE. Seeds Act. 1 GEO. VI. Xo. 23, (c) Shall offer one of such parts to the person apparently in charge of the place where he obtained the same; and (d) Shall subsequently deliver two of such parts to the seed specialist. Such delivery to the seed specialist may be effected either person- ally or by sending the seeds by post addressed or by railway consigned to the seed specialist at his usual address, or in such other manner as may be prescribed. Of the parts forwarded to the seed specialist, one shall be for examination or analysis and the other shall be retained. (3.) Provided that when any seeds are contained in a package in such quantity that its division into three parts as hereinbefore provided would furnish parts insufficient for accurate analysis and/or examination, additional packages which purport to contain similar seeds under the same name, brand, and/or label may be taken or obtained, and the contents of two or more packages may be mixed together and the mixture divided and submitted for analysis and/or examination as hereinbefore provided. (4.) Any portion or sample of seeds may be removed for examination and/or analysis from any place notwith- standing that there is then present at such place no person apparently in charge. In such case the officer removing the portion or sample shall send by post a notification of such removal to the person apparently owning such seeds. (5.) An officer or inspector who has seized any seeds because of the non-compliance with respect thereto of any provision of this Act may at the Minister's discretion, if all of the provisions of this Act relating to such seeds are complied with within ninety days next following the date of such seizure, release same, otherwise such seeds shall be and become forfeited to the Crown and shall be disposed of in such manner as the Minister may direct. (6.) (a) Provided that where on examination and/or analysis any such seeds do not comply in each and every particular with the standard or standards prescribed they may be removed to any approved place under

I. r 1937. AGRICULTURE. Seeds A.ct. 16475 superVISIOn of an inspector, who may do and execute all such acts, matters, and things as maybe necessary to ensure that the seeds comply with such prescribed standards. (b) Provided further, that if in the opinion of the seed specialist the seeds cannot be made to comply with the prescribed standards at a reasonable cost and in an efficient manner, an order may, and notwithstanding anything hereinbefore to the contrary contained, be forthwith obtained from the Minister for the destruction of such seeds. (c) All costs of and incidental to the storage, removal, cleaning, andjor destroying of such seeds shall be charged to the person in possession of same, or if same are in the possession of a carrier then to the consignor thereof, and may be recovered from him as a debt by action in the name of the Minister or any person authorised by him in any court of competent jurisdiction. 9. (1.) On receipt of the two parts of any portion or Examination sample of seeds from an officer authorised in that behalf of samples, or an inspector the seed specialist shall examine andjor &0. analyse or cause to be examined andjor analysed one part and shall give a certificate of the result of every such examination andjor analysis so made or caused to be made by him. The other part shall be retained by the seed specialist. (2.) A copy of the result of any examination andjor analysis of any portion or sample of seeds procured by an officer or inspector may be obtained from the seed specialist by the person· from whom the seeds so examined and/or analysed were obtained on payment of the prescribed fee. (3.) The result of the examination andjor analysis of any seeds together with the name and address or place of business of the person from whom such seeds were obtained, or of the person in the occupation or apparent occupation of the place where such seeds were obtained, and any other particulars relating thereto together with any explanation and comment upon the result of the examination andjor analysis, may be published in such manner as the Minister directs.

16476 AGRICULTURE. Seeds Act. 1 GEO. VI. No. 28, Offences generally. 10. (1.) An officer or inspector may at any time require the buyer 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~ catalogue, or advertisement relating to such seeds given to him by the vendor. An officer or inspector may at any time require the vendor of any seeds to state the name and address of the purchaser of such seeds. (2.) Any person who withholds any such infor- mation or wilfully fails to produce such invoice, agree- ment, circular, catalogue, or advertisement, or who assaults, intimidates, or obstructs any officer or inspector in the exercise of his powers or in the discharge of his duties under this Act, or attempts so to do, or who gives, procures, offers, or promises any bribe, recompense, inducement, or reward to influence any officer or inspector in the exercise of his powers or in the discharge of his duties under this Act, or attempts so to do, shall be guilty of an offence against this Act. (3.) Any person who refuses to allow' to be taken any portion or sample demanded in accordance with this Act or retakes or attempts to retake or attempts to sell or in any way dispose of any seeds seized, taken, or obtained under this Act, or resists or attempts to prevent such seizure, taking, or obtaining shall be guilty of an offence against this Act. (4.) Any person who opens, alters, breaks, removes, or erases any mark, fastening, or seal placed by an officer or inspector in pursuance of this Act upon any seeds or upon any package, place, door, or opening containing or affording access to the same shall, unless he was authorised so to do by such officer or inspector, be guilty of an offence against this Act. Interference 11. Any person who knowingly and/or fraudu- swaimthples. lently- (a) Tampers with any seeds or package of seeds so as to procure that any portion or sample taken under this Act does not correctly . represent the seeds or the contents of the package; or (b) Tampers with any portion or sample or part of a portion or sample taken under this Act, shall be guilty of an offence against this Act.

AGRICULTURE. 16477 1937. Seeds Act. 12. Every buyer of any seeds shall be entitled to Rights of submit in the prescribed manner a sample of such seeds bf~ to the seed specialist for examination and/or analysis 0 • and to receive from him a certificate of the result of his examination and/or analysis upon payment of the prescribed fee: provided that when the seeds are intended for the buyer's own planting or sowing rio fee shall be charged. 13. No person shall be bound to accept deli~ eryPowerto ohnavsealbeeoefn acnoympselieedds wunitlhesisnarlelstpheectproofvsiusicohnsseoefdst. his Act r ~ e ~ fu ~ s ! e r t y toof . seeds. 14. (1.) Any contravention of or failure to observe Offences or comply with any provision of this Act whether by generally. act or omission shall be an offence against this Act. (2.) Any person guilty of an offence against this General Act for which no specific penalty is provided shall be penalty. liable to a penalty not exceeding fifty pounds. (3.) A prosecution for an offence against this Act Who may may be instituted either by the person aggrieved or by prosecute. any officer authorised in that behalf by the Minister. (4.) When in any proceedings in respect of an Effect of offence against this Act a contravention of any of the conviction provisions of this Act is proved with regard to any : : !~ le. portion or sample of seeds, such contravention shall be deemed to have been proved with regard to the whole lot from which the portion or sample was taken. (5.) (a) Where any person is convicted of an offence Costs and aotghaeinr stexthpiesnsAecst U t.h ).C e' l dceonutrttoshatlhl eordeexramthI.naat.tIaOllnfeaens da/ nodr epcxoapnyevansicblteeiosonn. analysis of any seeds in respect of which the conviction is obtained (including an examination and/or analysis made under subsection three of section fifteen of this . Act) shall be paid by the person convicted, and all such fees and expenses shall be deemed to be part of the costs attending the conviction. (b) All penalties, costs, and fees imposed by or Recovery of pursuant to this Act may be recovered in a summary penalties. way by complaint under *" The JU8tice8Act8, 1886to1932." * 50 Vie. No. 17 and amending Acts, supra, pages 1132 et seq.

16478 AGRICULTURE. Seeds Act. 1 GEO. VI. ='io. 23, !im.e f~ r (c) Proceedings for an offence against this Act may mprsotclteuetdl. mongsof be instituted at any time within six months after the for offence. commission thereof, or within four months after the discovery of the commission thereof by the complainant, whichever is" the later period. Certain : ~ ~~ ~ ~.no (6.) In any proceedings for such offence it shall be no defence that the buyer, having bought only for analysis and/or examination, was not prejudiced by the sale, or that the seeds though defective in one respect were not defective in other respects. Saving of ~ ! ~~ d~~ t. . (7.) A person alleged to have committed such offence in respect of any seed sold by him shall be entitled to the same rights and remedies, civil or criminal, against the person from whom he bought the seeds as are avail- able to the person who bought the seeds from him, and any damages and/or costs recovered by him may, if the circumstances justify it, include the amount of any penalty and costs and expenses paid by him on conviction and the costs of and incidental to his defence on such conviction. Disposition (8.) All penalties recovered under this Act shall be of penalties. paid into and become part of the Consolidated Revenue Fund. E,-idence. 15. (1.) In any proceedings under this Act no proof shall be required- (a) Of any order to prosecute, or of the particular or general appointment of any officer; or (b) Of the authority of any officer under this Act if such officer purported to act thereunder. (2.) In any proceedings the production of a certificate of examination and/or analysis purporting to be under the hand of the seed specialist shall be sufficient evidence of the facts stated therein, unless the defendant requires that the seed specialist 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 return day. (3.) The court shall on the request of either party to any proceedings for an offence against this Act, and may if it thinks fit without such request order that the part of a sample retained by the seed specialist shall be submitted to a seed analyst for examination and/or analysis; and the seed specialist shall comply with every such order accordingly.

AGRICULTURE. 16479 1937. Seeds Act. (4.) The purchase and/or sale of any seeds under this Act for the purpose of examination and/or analysis shall be deemed to be a purchase and/or sale of such seeds for planting 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. (5.) Any seeds which are, or a portion or sample of which is, removed by an officer authorised in that behalf or by an inspector for examination and/or analysis under this Act shall be and be deemed to be seeds for sale for planting or sowing until the contrary is proved beyond reasonable doubt. (6.) The averment in any complaint that any seeds were dealt with or prepared or offered or received or had in possession or transit or kept or exposed or sent or forwarded or supplied or delivered 01; intended for sale or for purposes of sale or sold, or that any seeds are seeds for planting or sowing or were intended for use as seeds for planting or sowing or that any packet or package was not labelled or marked as prescribed shall in every case be sufficient evidence of the fact so averred until the contrary is proved beyond reasonable doubt. 16. (l.) In the case of any conviction under this When seeds Act any seeds to which the conviction relates may by ~ ~ lei~ : d. 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 packages containing any such seeds belOl'lging to the defendant or found on the defendant's premises or in his possession at the time of the commission of the offence. (2.) All seeds forfeited under this Act shall be disposed of as the Minister may direct. 1 7. Nothing contained in this Act and no pro- Saving of ceedings taken under this Act against any person shall civil d' in any way interfere with any right or remedy by civil reme les. processwhich any person aggrieved by any contravention of this Act might have had if this Act had not been passed. 18. (l.) The Governor in Council may from time Regulations. to time make regulations providing for all or any pur- poses, whether general or to meet particular cases, that

16480 / ' AGRICULTURE. Seeds Act. 1 GEO. VI. No. 23, 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 :- (a) Prescribing standards for analytical purity for seeds, which standards 'may differ. in respect of different kinds of seeds. (b) Prescribing standards of germination, which standards may differ in respect of different kinds of seeds. (c) Prescribing standards of pure germinating seed, which standards may differ in respect of different kinds of seeds. (d) Defining and declaring what are impurities of the different kinds. (e) Prescribing standards for impurities of the different kinds, which standards may differ in respect of different kinds of seeds, and any of which standards may prescribe in respect of the kind of seed to which it relates the total prohibition of any kind or kinds of impurities. (j) Prescribing standards of weight, which standards may differ in respect of different kinds of seeds. (g) Prescribing standards of purity of variety or strain for specific kinds of seeds, which standards may differ in respect of different kinds of seeds so .specified. (h) Defining and declaring what are made-up packets under this Act, and either generally or in respect of any kind or kinds of seeds. < i) Prescribing the quantity and nature of portions or samples and the proportion of the bulk from which portions or samples are to be taken for the purposes of this Act. <j) Prescribing the manner in which an officer or inspector may deliver portions or samples to the seed specialist.

\ AGRICULTURE. 16481 1937. Seed,s Act. (k) Prescribing the labelling of packages and the manner of affixing labels thereto or there- upon; the particulars to be printed or written on labels and the kind and size of type to be used in the printing; and any matters or things which are not to be printed or written on labels. (l) Prescribing what name or names mayor may not be used to designate any particular seeds. (m) Prescribing fees to be paid for obtaining results of an examination and/or analysis under this Act. (n) Prescribing methods of examination and/or analysis. (0) Prescribing methods of germination. (P) Prescribing methods of germination for hard seeds and/or determining the germination percentage of same. (q) The manner in which the powers and duties of officers are to be exercised and discharged; generally such things as are necessary or convenient for enabling officers to exercise and discharge their powers and duties under and to carry out the objects of this Act. (r) Prescribing all things which by this Act are permitted to be prescribed or which are necessary or convenient to be prescribed for giving effect to this Act. (8) Prescribing penalties for offences against the regulations not exceeding in any case the sum of fifty pounds. (2.) All such regulations may be made upon the passing of this Act. 19. (l.) All Proclamations, Orders in Council, andEffectof regulations made or purporting to be made under this pubhlication Act shall be published in the Gazette and shall upon such ~a! e: e of publication be of the same effect as if they were enacted i- roo~ ­ in this Act and shall be judicially noticed, and shall not Ions, c. be questioned in any proceedings whatsoever. The publication in the Gazette of any such Proclamation, Order in Council; or regulation shall be conclusive evidence of the power and authority to make same and of all matters contained therein. "

16482 AGRICULTURE-AIR NAVIGATION. / Ai?' Navigation Act. 1 GEO. VI. No. 8, ~ -- - - ~ - ~ ~ - - - - - - - - - Regulations to be laid (2.) All such regulations shall be laid before Parlia- before ment forthwith, if then sitting; and, if not then sitting, Parliament. within fourteen days after the commencement of the next ensuing session. If the Legislative Assembly, within the next fourteen sitting days after any regulations have been so laid before such House, resolves that such regulations or any of them ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime under such regulations or to the making of any new regulations. For the purpose of this section the term "sitting days" shall mean days on which the House actually sits for the despatch of business. --------- AIR NAVIGATION. 1 Geo. VI. An Act to Provide for the Application of the Com- No. 8. THE AIR monwealth Air Navigation Regulations to NAVIGATIO!i' ACT, 1937. and in relation to Air Navigation within the State of Queensland. [ASSENTED TO 23RD SEPTEMBER, 1937.] Preamble W HEREAS at a conference of representatives of the Governments of the Commonwealth and of the States held in April, one thousand nine hundred and thirty-seven, it was resolved that there should be uniform rules throughout the Commonwealth applying to air navigation and aircraft and in particular to the airworthiness of aircraft, the licensing and competence of pilots, air traffic rules, and the regulation of aerodromes, and it was agreed that legislation should be introduced in the Parliament of each State to make provision for the application of the Commonwealth Air Navigation Regulations, as in force from time to time, to air navigation and aircraft within the jurisdiction of the State- Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority ot the same, as follows : - Short title. 1. This Act may be cited as "The AirNavigationAct, 1937."