Sugar Experiment Stations Acts and Other Acts Amendment Act of 1938 (2 Geo Vi No. 12) (Qld)

SUGAR. 2 GEO. VI. No. 12,1938. Sugar Experiment Stations Acts, Etc., Act. 17259 SUGAR. An Aot to Amend "The Sugar Experiment Stations 2::'O'12'?' Aots, 1900 to 1934," and Other Aots in j~ E= ~ • • STATIONS ACTS oertaln partloulars, and for other purposes. ANDAg. ~ HER AMENDMENT ACT OF 1938. [ASSENTED TO 27TH OCTOBER, 1938.] 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 the authority of the same, as follows :- PART I.-PRELIMINARY. PART 1- PRELDnNARY. 1. This Act may be cited as" The Sugar Experiment Short title. Stations .Acts and Other .Acts .Amendment .Act of 1938." 2. This Act is divided into Parts, as follows:- Parts of Act. PART I.-PRELIMINARY; * PART H. - AMENDMENTS OF "THE SUGAR EXPERIMENT STATIONS ACTS, 1900 TO 1934" ; PART HI.-AMENDMENT OF t"THE REGULATION OF SUGAR CANE PRWES ACTS, 1915 TO 1936." PART II.- AMENDMENTS OF "THE *" PART H.-AMENDMENTS OF THE SUGAR EXPERIMENT EJ~ = NT STATIONS STATIONS ACTS, 1900 TO 1934." ~ gr~ 9A~ ~ ~ 3. This Part of this Act shall be read as one with Construc· *" The Sugar Experiment Stations .Acts , 1900 to 1934 , " P ti a o r n t o H f . hereinafter in this Part of this Act referred to as the Principal Act. The Principal Act and this Part of this Act may be Collective collectively cited as "The Sugar Experiment Stations title. Acts, 1900 to 1938." • 64 Vic. No. 17 and amending Acts, supra, pages 3426 et seg. t 6 Geo. V. No. 5 and amending Acts, supra, pages 9887 et Beg.

17260 SUGAR. PART 11.- AMENDMENTS OF "THE Sugar Experiment Stations Acts, Etc., Act. 2 GEO. VI. No. 12, SUGAR EXPERIMENT STATIONS ACTS, 1900 TO 1934." New s. lA. Amendments of the Principal Act. 4. The Principal Act is hereby amended by the insertion therein after section one of the following new section, numbered lA, namely;- Construction "[lA.] This Act and any Proclamations, Orders in of Act. Council, and regulations made thereunder shall be read and construed subject to the * Commonwealth of Australia Constitution Act and so as not to exceed the legislative power of the State' to the intent that where any enactment or provision thereof would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or' provision to the extent to which it is not in excess of that power." News. lB. Sugar-cane for fodder. 5. The Principal Act is hereby amended by the insertion therein after section lA, as previously inserted by this Act, of the following new section numbered IB, namely;-- "[lB.] The Governor in Council may declare by Order in Council that any varieties of sugar-cane which in his opinion are used solely as fodder for animals and not for the manufacture of cane sugar may be planted and/or grown in any mill area or part of a mill area upon such terms and conditions as shall be prescribed, or, if not prescribed, as may be set out in such Order in Council. Such terms and conditions may include such modifications of this Act as to the Governor in Council shall seem fit, and moreover any such term or condition may differ with respect to different mill areas or different parts of the same mill area. An Order in Council made under this section may be revoked or modified by a further Order in Council made hereunder." New s. le. 6. The following new section numbered le is hereby inserted after section 1 B of the Principal Act, as previously inserted by this Act, namely;- Diseases in "[le.] (1.) From and after the passing of t" The Pl~ ~ ts Actf Sugar Experiment Stations Acts and Other Acts Amend- ~ ~ su~; ~ P Y ment Act of 1938" t" The Diseases in Plants Acts, 1929 cane. to 1937 " shall no longer extend or apply to sugar-cane, and sugar-cane shall not be or be deemed to be a plant within the meaning of such lastmentioned Acts. * Imp. Act 63 and 64 Vic. cap. 12, supra, page 4565. ·t This Act. :j: 20 Geo. V. No. 11 and amending Acts, supra, pages 12391 et seq.

SUGAR. 17261 1938. Sugar Experiment Stations Acts, Etc., Act. PART I1.- A~ NPf: S SUGAR EXPERIMENT (2.) Subsection one of this section shall, without l~ T~ TI~ ~ & limiting the operation of *"The Acts Shortening Acts," be TO i934." read and construed subject to the following provisions:- (i.) All Proclamations and notifications made Application r! raengdula p t ~ I b O l n i s sh a e n d d , faolrlmsapmPoaId' Detmanedntpsrommaudleg, ateadll, Ac ~ ts f . : ~ : es any authority, direction, notice, or order made or given under t "The Diseases in Plants Acts, 1929 to 1937," and all things done or purporting 1;0 be done under the said lastmentioned Acts, and generally all acts of authority originated under the said lastmentioned Acts and in force or subsisting at the passing of ~" : JThe Sugar Experiment Stations Acts and Other Acts Amendment Act of 1938," shall in relation to or with respect to or in any way affecting sugar-cane continue in full force and effect and shall so far as is consistent with this Act be deemed to have been made, pub- lished, promulgated, given, done, and originated under and for the purposes of this Act; (ii.) All matters and proceedings in relation to or with respect to or in any way a.flecting sugar- cane commenced under the said t " The Diseases in Plants Acts, 1929 to 1937," and pending or in progress at the passing of ~ " The Sugar Experiment Stations Acts and Other Acts Amendment Act of 1938," may be continued, completed, and enforced under this Act; (iii.) Every variety of sugar-cane set forth in the list of "approved" varieties of sugar-cane published in an award made under §" The Regulation of Sugar Cane Prices Acts, 1915 to 1938," and which award is in force at the passing of ~ " The Sugar Experiment Stations Acts and Other Acts Amendment Act of 1938," shall be deemed to have been approved under this Act for planting within the mill area or, as the case may be, the part of the mill area . with respect to which it is so approved by such award, and all of the provisions of this Act shall apply and extend with respect to each such variety of sugar-cane accordingly." * 31 Vie. No. 6 and amending Acts, supra, pages 15 et seq. t 20 Geo. V. No. 11 and amending Acts, supra, pages 12391 et seq. t This Act. § 6 Geo. V. No. 5 and amending Acts, supra, pages 9887 et seq.

17262 SUGAR. PART 11.- .A:MENDlIENTS OF "THE SUGAR EXPBRDlENT Sugar Experiment Stations Acts, Etc., Act. 2 GEO. VI. No. 12, 1~ ~ , ? ~ ~ 3o 7. Section two of the Principal Act is hereby A TO 1:." t amended by repealing therein the definition of the term of~ ~ ~ . en S H owner" and by the addition thereto of the following new definitions, namely :- Abandoned or neglected. " "Abandoned or neglected "-The term when used with reference to any plantation means and includes any plantation which is not receiving adequate care and attention, and which in the opinion of an inspector has been uncultivated or neglected during a period of not less than six months prior to the inspection by the inspector thereof, and where by reason of such inadequate care and attention, non-cultivation, or neglect, such plantation is liable to harbour and spread disease or pests; Assigned land. "Assigned land "-Land for the time being assigned to a sugar mill by virtue Qf the provisions of *"The Regulation of Sugar Cane Prices Acts, 1915 to 1938" (or of any Act amending or in substitution for the same) ; Disease. " Disease "-Any disease affecting sugar-cane caused by or consisting of the presence of any insect or fungus, and any other disease affecting sugar-cane which the Governor in Council, from time to time, by Proclamation, declares to be a disease within the meaning of this Act, and whether or not caused by or consisting of the presence of any insect or fungus: without limiting the generality of the above definition, the term may include the presence of suspicious symptoms which, although not ascertainable as a certain specific disease, in the opinion of the Minister should be deemed a disease for the purposes of this Act; Diseased. "Diseased "-Affected with disease or liable, by reason of having been in proximity, to be affected with disease ; Fungus. "Fungus "-Any fungus, virus, or vegetable parasite which the Governor in Council from time to time by Proclamation declares to be a fungus within the meaning of this Act, in whatever stage of existence such fungus, virus, or vegetable parasiteJmay be; * 6 Geo. V. No. 5 and amending Acts, Bupra, pages 9887 et Beq.

SUGAR. 17263 1938. PART 11.- Sugar Experiment Stations Acts, Etc., Act. AMENDMENTS OF "THE SUGAR EXPERIMENT " Insect "-Any insect which the Governor in A~ i; ~ I1~ & o~ Council from time to time by Proclamation TO 1934."...1 dec I ares t 0 be an I.nsect Wl ·th· In the meanm. g 0 f Insect. this Act, in whatever stage of existence such insect may be: for the purpose of this Act the term "insect" also includes" mites" and" nematodes" ; " Inspector "-Any inspector appointed under Inspector. this Act or under *"The Diseases in Plants Acts, 1929 to 1937," or any person performing the duties of an inspector: the term, so far as relates to his prescribed functions, duties, powers, and authorities, includes an honorary inspector; " Mill area "_.-All lands, whether or not assigned, Mill area. which comprise the area within which all the lands assigned to a particular mill are included; " Occupier "-The term, when used with reference Occupier. to assigned land or any premises or place upon assigned land, means and includes the holder at the time of the commission of the alleged offence or other the material time within the meaning of this Act of the assignment for such assigned land, or, when used with reference to any other land, premises, or place, means and includes the person in occupation of such land, premises, or place, or where sugar-cane is planted andlor growing upon land, then the person in occupation of the land upon which such sugar-cane is planted andlor growing. If reasonable inquiry by an inspectoJ establishes that at the time of the commission of the alleged offence or other the material time within the meaning of this Act there was no occupier of any land, premises, or place, or if an inspector cannot after reasonable inquiry find the person who is the occupier then, and in any such case- (a) Where the land was, or the premises or place is situated upon land which was, at any time assigned land the assignment for which has been cancelled, and where, upon * 20 Geo. V. No. 11 and amending Acts, supra, pages 12391 et seq.

17264 PART 11.- AMENDMENTS OF H THE SUGAR EXPERIMENT STATIONS AOTS, 1900 TO 1934." Owner. Owner of a mill, miIl- owner. Person. Plantation. Quarantine area. Regulations. Sugar-cane. SUGAR. Sugar Experiment Station8 Act8, Etc., Act. 2 GEO. VI. No. 12, such inquiry as aforesaid the inspector con- cerned finds the holder of such assignment at the date of the cancellation thereof then, and in every such case, such holder shall be and be deemed to be the occupier of the land, premises, or place concerned for all purposes of this Act, and (b) In any other case the owner shall be and be deemed to be the occupier of the land, premises, or place concerned for all purposes of this Act; " Owner "-With reference to land, the person other than His Majesty who is for the time being entitled to receive the rent of the land, or who if the same were let to a tenant at a rack rent would be entitled to receive such rack rent: the term also includes the holder of any lease or license or permission from the Crown, or any person deriving title thereunder; " Owner of a mill," "mill-owner "-Any person, company, corporation, firm, or association owning or having the control of a sugar mill : the term, where necessary, includes the manager or managing director or other person controlling the business of a mill ; " Person"--Includes any partnership or firm and any body of persons corporate or unincorporate; " Plantation "-Any land upon or in which any sugar-cane is planted and/or growing, or, in the case of land assigned to any mill, the whole area of such assignment whether sugar-cane is planted and/or growing thereon or therein or not; " Quarantine area "-Any land declared by the Governor in· Council by Proclamation published in the Gazette to be a quarantine area for the purpose of the more effectual control of a disease or a pest; " Regulations "-Regulations made under this Act; "Sugar-cane"-Any plant or part of a plant of the genus Saccharum or any hybrid therefrom or therewith ;

1938. SUGAR. 17265 Sugar Experiment Stations Acts, Etc., Act. PART II.— AMENDMENTS OF "THE SUGAR EXPERIMENT "Sugsaurgamr-iclla," neoirs"umsuilalll"y—soAldsourgasurpmpliileldtofowr hthicehSuiggaAsr: , 97m1ill; manufacture of sugar therefrom or in which or mill. the business of manufacturing sugar from sugar-cane is usually or ordinarily carried on." 8. The following new section numbered 2A is New s. 2A. inserted in the Principal Act after section two thereof, namely :— "[2A.] The Governor in Council may from time to Appointment time appoint such qualified persons as may be deemed1? 1,, pectors. necessary to be inspectors under this Act, and may from time to time suspend, dismiss, or remove any such inspectors. Every person appointed an inspector under and for the purposes of *"The Diseases in Plants Acts, 1929 to 1937," shall, without any further or other appointment whatsoever, be and be deemed to be an inspector appointed under this Act. The Governor in Council may provide for the remuneration of any such inspectors out of any moneys appropriated by Parliament for that purpose. The production of a copy of the Gazette containing any notice of the appointment of any person to the office of an inspector shall be sufficient evidence of such appointment." 9. (1.) Subsection two of section 3A of the Principal Amendment Act is amended by repealing the last paragraph thereof, of s. 3A. being the paragraph commencing with the words "These last four" and ending with the words "be approved," and by inserting in lieu of such repealed paragraph the following paragraph, namely :— "These last four representatives (as set forth in paragraphs (b) and (c) aforesaid) shall be entitled to remuneration at the rate of one hundred pounds per annum." (2.) Section six of the Principal Act is amended by Amendment adding the words "or any assessment levied under of 8.6. section thirty-two of this Act for Cane Disease Conttol Board purposes" to the second paragraph thereof. * 20 Geo. V. No. 11 and amending Acts, supra. pages 12391 et seq.

~7266 SUGAR. PART 11.- AMENDMENTS OF "THE SUGAR EXPERIMENT Sugar Experiment Stations Acts, Etc., Act. 2 GEO. VI. No. 12, l~ ~ ~ I~ ~ go 10. The seventh paragraph of section 7 A of the A T: 1~34." t Principal Act, being the paragraph commencing with the o~ . ~ :en words " Such special assessment" and ending with the words "for the purpose," is amended by repealing therein the words "rats affecting canefields" and by inserting in lieu of the words so repealed the words " rats infesting or likely to infest or to be a source of infestation of canefields." Amendment 11. Section 9A of the Principal Act is hereby of S. 9A. amended by the addition thereto of the following new paragraph, namely ;- "When, in consequence of the exercise by the Minister of any power conferred upon him by this section he deems it necessary or desirable to apportion or dispose· of the assets of any Cane Pests Board he may, and either in the notification exercising such power or in a further like notification, make such disposal or apportionment of such assets as to him shall seem just and equitable." Amendment 12. (1.) The first paragraph of section 9B of the of S. 9B. Principal Act, being the paragraph commencing with the words "A Cane Pests Board" and ending with the words " infested area," is repealed and the following new paragraph is inserted in lieu thereof, namely;- "The Governor in Council may, on the recom- mendation of the Director, by Order in Council published in the Gazette constitute a Cane Pests Board in and for any cane-pest infested area, which shall be defined in such Order in Council." The sixth paragraph of the said section being the paragraph commencing with the words" No cane-grower" and ending with the words " sugar mill," is amended by inserting therein the words "of assigned land" after the words" five acres." Sa~ i~ of (2.) Notwithstanding the repeal of the paragraph ~ ~ : : ~ Cane repealed by subsection one of this section, every Cane Boards. Pests Board constituted under and in pursuance of such repealed paragraph shall continue to be the duly constituted Cane Pests, Board for the cane-pest infested area for which it was so constituted.

SUGAR. 17267 PART IT.- 1938. Sugar Experiment Stations Acts, Etc., Act. AMENDMENTS OF "THE SUGAR EXPERIMENT N:: 13. The Principal Act is hereby amended by the A~ ~ ~ ~ li9. 0 insertion therein after section 9n of the following new B. 9~ . section numbered 9E, namely : - "[9E.] (1.) Every Cane Pests Board shall cause its ~ u~ o~ books and accounts to be audited once at least in every C:'e ;ests calendar year by the Auditor-General or some auditor Board. approved by the Auditor-General. (2.) Moreover each such Board shall, within such~ ta: ment period after the close of each calendar year as shall be f~ rnished to prescribed, forward to the Minister a statement verified Minister. in the prescribed manner setting out the total sums received by such Board during such year and the amounts of all sums expended by such Board during such year in payment for pests,. baits, fumigants, or other matters or things of a like nature, and the amounts paid by the Board during such year in salaries, wages, allowances, bonuses, or other payments of a like nature, and stating in respect of such latter amounts the names of the persons who received same and the amounts respectively received. Every such Board shall cause a copy of the annual statement so forwarded as aforesaid to be published in some newspaper circulating in its area within fourteen days after such statement has been forwarded to the Minister. P:u Where any Cane Pests Board fails to have an audit a1ty on made as hereinbefore prescribed, or fails to produce to f me. the auditor all such books, accounts, vouchers, receipts, and other documents as he may reasonably require, or fails to forward to the Minister or to publish within the prescribed time the prescribed statement, or forwards to the Minister or publishes any such statement which is false in any material particular then, and in any such case, the secretary and every member of such Board shall each be guilty of an offence and liable to a penalty of not more than twenty pounds: Provided that it shall be a defence to any such member charged with an offence against this section to prove that the failure or falsification, as the case may be, which is the subject-matter of such charge occurred without his knowledge, connivance, or consent." 14. Section ten of the Principal Act is hereby Amendment amended by repealing therein the words "both Houses of s. 10. of."

17268 SUGAR. PART H. - - - - - - - - - - - - - - - - - - - - - - - - - AMENDMENTS OF "THE Sugar Experiment Stations Acts, Etc., Act. 2 GEO. VI. No. 12, SUGAR EXPERIMENT STATIONS ACTS, 1900 15. Section eleven of the Principal Act is hereby TO 1934." Repeal of repealed. s. ll. N 1125 e , , w 1163 s , , s. a 1 1n 4 1 , d, addit 1 io 6 n . tThhereetPorionfctihpael foAllcotwiisnghenreewbyseacmtioennsdendumbybetrhede 17. respectively eleven, twelve, thirteen, fourteen, fifteen~ sixteen, and seventeen, namely :- Director to " [11.] (1.) It shall be the duty of the Director to, avparpireotviees ooff and the Director shall, each year approve in respect of sugar-cane. each mill in Queensland the varieties of sugar-cane which may be planted within the whole or any part of its mill area during the period from and after the date of the publication in the Gazette of the annual list hereinafter referred to and up to the date of publication in the Gazette of the next succeeding annual list by any person. Compilation (2.) Moreover the Director shall each year compile oapf plirsotvoefd a list showing each mill in Queensland, and setting out" varieties. in respect of each mill so shown, every variety of sugar- cane so approved by him as aforesaid for planting within the whole or, as the case may be, part only of its mill area during such period as aforesaid. List to be (3.) The Minister shall cause such annual list so p G u a b ze l t i t s e h . ed in compiled as aforesaid to be published in the Gazette. Mill to be notified of approved varieties. (4.) The Director shall notify each mill annually of every variety of sugar-cane approved of as aforesaid in respect of the whole or, as the case may be, part only of its mill area for the period to which such notification relates. Evidence. (5.) The aforesaid annual list shall upon publication in the Gazette be judicially noticed, and the fact that any variety of sugar-cane is not set out therein in respect of the whole or, as the case may be, any part of a mill area shall be conclusive evidence that such variety was not approved under this Act for planting within such mill area or, as the case may be, part of a mill area during the period for which such list is so published. Matters for considera- tion in approving varieties of sugar-cane. (6.) For the purpose of deciding whether or not he will so approve any variety of sugar-cane as aforesaid the Director shall have regard to- (i.) Its resistance to disease; and (ii.) Its agricultural qualities; and (iii.) Its milling characteristics.

SUGAR. 17269 PART II.- 1938. Sugar Experiment Stations Acts, Etc., Act. AMENDMENTS OF" THE SUGAR - - - - - - - - - - - - - - - - - - - - - - - - EXPERIMENT (7 . ) Any ml '11 -owner wh 0 I.S 0 f opm. . lOn that a varl.et y ASCTTAS, TIO1N9S00 of sugar-cane so approved in respect of his mill area or Ce: ~ i~ : :~ : of any part thereof possesses a material milling disability m' : lt~ rial may apply to the Director for a certificate as hereinafter ~ ~ ~ : fity provided. . Such application shall be referred to the Advisory Board by the Director and if upon consideration of the same the Advisory Board is of opinion that the milling disability alleged is material it shall issue to the mill- owner a certificate to that effect. [12.] (1.) Any person who- nCoatneto· grower (i.) Plants any variety of sugar-cane upon anydel~ vetr • 1 an d WI' thI' n a ml '11 area or any part 0 f a ml 'II vaaprprero y vendo. . area (whether or not such land is assigned to such mill) at any time other than during a period during which the planting of such variety of sugar-cane within such mill area or, as the case may be, such part of such mill area was approved under this Act; or (ii.) Grows any variety of sugar-cane upon any land within a mill area or any part of a mill area (whether or not such land is assigned to such mill) from a planting made at any time other than during a period during which the planting of such variety of sugar-cane within such mill area or, as the case may be, such part of such mill area was approved under this Act; or (iii.) Sells or otherwise disposes of any variety of sugar-cane grown upon land within a mill area or any part of a mill area (whether or not such land is assigned to such mill) from a planting made at any time other than during a period during which the planting of such variety of sugar-cane within such mill area or, as the case may be, such part of such mill area was approved under this Act; or (iv.) Delivers or attempts to deliver to a mill any variety of sugar-cane grown upon land within the mill area or any part of the mill area from a planting made at any time other than during a period during which the planting

17270 _. SUGAR. PaT II.- llENDKENTS OJ!' "THE SUGAR EXPERIMENT STATIONS ACTS, 1900 TO 1934." Sugar Experiment Stations Acts, Etc., Act. 2 GEO. VI. No. 12, .of such variety of sugar-cane within such mill area or, as the case may be, such part of such mill area was approved under this Act; or (v.) Delivers or attempts to deliver to a mill any variety of sugar-cane which is diseased sugar- cane under section thirteen or section fourteen or section fifteen of this Act, shall be guilty of an offence and shall be liable in the case of a person to a penalty of not more than one hundred pounds, or in the case of a corporation or association of persons to a penalty of not more than five hundred pounds: Provided that where a corporation or association of persons is guilty ()f an offence against this subsection then, and in every such case, the chairman of directors, or manager, or other governing officer, by whatever name called, of such corporation or association shall also be guilty of an offence and liable to the penalty hereinbefore provided in respect of such corporation or association. Mill not to accept (2.) The owner of any mill which accepts delivery of delivery of any variety of sugar-cane grown upon any vapaprireotvyendo. t lands within the mill area or part of the mill area (and whether grown in the year of planting or in any subse- quent year) not approved under this Act for planting within such mill area or, as the case may be, such part of such mill area during the period in which such sugar-cane was planted, or of any variety of sugar-cane which is diseased sugar-cane. under section thirteen or section fourteen or section fifteen or section eighteen hereof, shall be guilty of an offence and shall be liable to a penalty of not more than five hundred pounds: Provided that where the mill-owner is a corporation or association of persons then, and in every such case, the chai~ man of directors, or manager, or other governing officer, by whatever name called, of such corporation or association shall also be guilty of an offence and liable to the penalty hereinbefore provided. Liability. (3.) Where the same person is both a mill-owner and :.::.: : ~ ~ o a cane-grower he shall as such owner and as such grower a cane- be for all purposes of this section separate entities and grower. liable accordingly.

SUGAR. 17271 1938. Sugar Experiment Stations Acts, Etc., Act. PART 11.- AMENDMENTS OF U THE EX~ ~ ~ NT ------------------------------------------------- (4.) It shall not be a defence toa charge of an ACSTTSA, TIO1N9S00 TO 1934." offence against this section to prove that the variety of sugar-cane the subject-matter of such charge was approved under this Act for planting within the mill area or any part of the mill area during any other period. (5.) Where a variety of sugar-cane approved under this Act to be planted within a mill area or any part of a mill area during any period is planted upon land in such mill area or such part of such mill area assigned to such mill during such period, nothing in this section shall prevent or be deemed to prevent the delivery to . such mill of sugar-cane grown from such planting during the first, second, or third calendar year after the calendar year of planting, or growing from such planting at the date when such variety ceases to be so approved and delivered to such mill during the calendar year in which such date occurs: Provided that nothing in this section shall enable any cane-grower to deliver to a mill sugar-cane grown upon land not assigned to such mill : Provided further, that nothing in this section shall prejudice the power of the Central Board to sanction the transfer of the delivery of sugar-cane to any mill which is crushing sugar-cane. [13.] When any variety of sugar-cane is planted Sugar-cane WI' thI' n any ml' 11 area or any part 0 f a ml' 11 area dur' mg any vgraorwientyfrnoomt period other than during a period for which such variety appr~ ved for of sugar-cane was approved under this Act for planting ~ ~ ~ : ~ ' : tgto within such mill area or, as the case may be, such part of be diseased. such mill area then, and notwithstanding that there has not been a conviction for an offence against this Act in respect thereto, all sugar-cane of such variety so planted and all sugar-cane grown from such planting shall become and be and be deemed to be diseased sugar-cane under and for the purposes of this Act, and all of the provisions of this Act relating to diseased sugar-cane shall extend and apply accordingly. [14.J When a variety of sugar-cane is planted upon When any land within a mill area or any part of a mill area ; ~ ~ : , ~ c~ ; ~ n assigned to such mill during a period for which such assigned van'ety 0 f sugar-cane was approved under thI' S Act for lvaanrdieftyrom planting within such mill area or, as the case may be, approve~ such part of such mill area then, and notwithstanding ~ : ~ : . f~ ~ g that such variety of sugar-cane is not again so approved be diseased,

17272 SUGAR. PART II.- AIIlENDJllENTS OF .. THJil Sugar Experiment Stations Acts, Etc., Act. 2 GEO. VI. No. 12, SUGAR EXPEBllIIENT STATIONS ACTS, 1900 in respect of such mill area or, as the case may be, such TO 1934." part of such mill area by the ne:x:t succeeding or any subsequent annual list, the cane-grower concerned shall, subject to this Act and to *"The Regulation of Sugar Cane Prices Acts, 1915 to 1938," be entitled to deliver to such mill all sugar-cane grown from such planting during the first, second, or third calendar year after the calendar year of planting, or growing from such planting at the date when such variety ceases to be so approved and delivered to such mill during the calendar year in which such date occurs. E:x:cept as hereinbefore provided no crop of sugar- cane shall be grown from such planting upon such assigned land during the fourth or any later calendar year after the calendar year' of planting for delivery to such mill unless such variety is again approved under this Act for planting within such mill area or, as the case ~ ay be, such part of such mill area: Provided that if any variety of sugar-cane planted upon any land within a mill area or any part of a mill area and assigned to such mill during a period for which such variety of sugar-cane was approved under this Act for planting within such mill area or, as the case may be, such part of such mill area is not again so approved for any period subsequent to the delivery to such mill of the sugar-cane grown from such planting during the third calendar year thereafter then, subject as herein- before provided, all sugar-cane of such variety so planted and all sugar-cane grown from such planting during the fourth or any later calendar year thereafter shall become and be and be deemed to be diseased sugar-cane under and for the purposes of this Act, and all of the provisions of this Act relating to diseased sugar-cane shall apply and e:x:tend accordingly. When . [15.] When a variety of sugar-cane planted upon s o u f gar-cane any land within a mill area or any part of a mill area approved and not assigned to such mill during a period for which gvraorwientyupon such variety was approved under this Act for planting land not within such mill area or, as the case may be, such part daseseimgneeddto of such mill area is not again so approved for any be diseased. subsequent period, then all sugar-cane of such variety so planted and all sugar-cane grown from such planting * 6 Geo. V. No. 5 and amending Acts, Bupra, pages 9887 et seq.

SUGAR. 17273 1938. Sugar Experiment Stations Acts, Etc., A ct. PART 11.- AMENDMENTS OF "THE SUGAR EXPERIMENT shall become and be and be deemed to be diseased' A~ : S~ I~ ~ ~ O sugar-cane under and for the purposes of this Act, and TO 1934 . " all of the provisions of this Act relating to diseased sugar-cane shall apply and extend accordingly. [16.] (1.) Every mill-owner shall from time to time Mill-ow!ler as prescrI' bed requI.re every cane-grower whoseIadn I.S ftroomobtam assigned to his mill to make and give to him the prescribed cane-grower return in duplicate of each variety of sugar-cane and the ~~ ~ ~~ g area thereof planted upon the plantation of such cane- varieties of grower during the period in respect of which such return ~~: ~ted. is prescribed. (2.) A mill-owner shall be deemed to have requiredH?w a cane-grower whose Iand I·S assI.gned t 0 hI' S mI '11 t 0 mak e mtoIlrle-oqwuinreer and give to him such prescribed return in duplicate prescribed if such mill-owner has, within the prescribed time, return. served upon such cane-grower the prescribed form of return in duplicate by- (i.) Delivering the same to such cane-grower; or (ii.) Leaving the same at the usual or last known place of abode of such cane-grower; or (iii.) Forwarding the same by post in a prepaid letter addressed to such cane-grower at his usual or last known place of abode. (3.) Every cane-grower shall from time to time as Cane-grower prescribed make and give to the owner of the mill to !~:;~~ which his land is assigned the prescribed return in prescribed duplicate so required by such mill-owner as aforesaid. return. (4.) The mill-owner shall retain one copy of every Mill-ow.ner such return and shall forward the other copy thereof to ! ~ ~ ; ~ rh the Director. Dreitruercntotro. (5.) Every mill-owner or cane-grower who fails to Penalty. comply with this section, or any cane-grower who gives a return which is false in any material particular, shall be guilty of an offence and liable to a penalty of not more than fifty pounds. [17.] (1.) Every mill-owner shall, at all times when Mill to keep his mill is opened for the delivery thereto of sugar-cane, ~: ~~: ~; ~ ~ make or cause to be made true and proper records of sug.ar-cane every variety of sugar-cane the delivery of which is ~ l: : . ered accepted by his mill and of the quantity of every variety so accepted, and of every variety of sugar-cane the delivery of which is refused by his mill, and of the quantity of every variety so refused.

17274 SUGAR. PART II.- AMENDMENTS OF .. THE Sugar Experiment Stations Acts, Etc., Act. 2 GEO. VI. No. 12, SUGAR EXPERIMENT STATIONS AOTS, 1900 Moreover every mill-owner shall, within thirty TO 1934." days after the conclusion of any period during which his mill was opened for the delivery thereto of sugar-cane, make a return to the Minister in the prescribed form or to the like effect and verified in the prescribed manner showing every variety of sugar-cane the delivery of which was accepted by his mill during such period, and the quantity of each such variety, and every variety of sugar-cane delivery of which was refused by his mill during such period, and the quantity of each such variety. Offences. (2.) Any mill-owner who fails to make any record or return prescribed by this section or makes any prescribed record or return which is false in any material particular shall be guilty of an offence and liable to a penalty of not more than five hundred pounds: Provided that where such mill-owner is a corporation or association of persons, the chairman of directors, managing director, or other governing officer, by whatever name called, of such corporation or association shall also be guilty of an offence and liable to the penalty hereinbefore provided." New s. 18. 17. The Principal Act is hereby amended by the insertion therein after section seventeen, as previously inserted by this Act, of the following new section numbered eighte.en, namely:- Experi- mental varieties of sugar·cane. "[18.] The Director of Sugar Experiment Stations ma}7 plant and grow, or authorise the planting and growing, of any variety (hereinafter referred to as an " experimental variety") of sugar-cane which he thinks fit for the purposes of experimenting and may deliver or authorise the delivery of sugar-cane of any experimental variety grown from any such authorised planting upon any land assigned to a mill to such mill, which shall take delivery of and crush same without any deduction from the price thereof. Until the contrary is proved all sugar-cane planted and/or growing upon a Sugar Experiment Station shall be deemed to be sugar-cane of an experimental variety. Any person other than a person authorised in that behalf by the Director who plants or attempts to plant, or grows or attempts to grow, or delivers or attempts to deliver to any mill, or has in his possession or attempts to get into his possession any experimental variety of •

SUGAR. 17275 PART 11.- 1938. Sugar Experiment Stations Acts, Etc., Act. AMENDMENTS OF "THE SUGAR EXPERIlIlENT STATIONS sugar-cane shall be guilty of an offence and liable to a ATCOTS1, 93149. 0"0 penalty of not less than fifty pounds nor more than five hundred pounds. Moreover any such experimental variety of sugar- cane shall with respect to such person, and whether or not he has been convicted of an offence under this section with respect thereto, be and be deemed to be diseased sugar-cane under and for the purposes of this Act, and all of the provisions of this Act relating to diseased sugar-cane shall apply and .extend accordingly. A certificate under the hand of the Director of Sugar Experiment Stations that any variety of sugar-cane is an experimental variety within the meaning of this section, and/or that any person was not authorised as aforesaid, shall be admissible in evidence in any proceeding against such person for an offence against this section and shall be conclusive evidence of the' facts certified to therein, and the adjudicating court shall take judicial notice of the signature of the Director to such certificate. Subject to this section, all of the provisions of this Act shall extend and apply to every experimental variety of sugar-cane." 18. The Principal Act is hereby amended by the New ss. addition thereto after section eighteen, as previously 19 d 2g 2 21. added thereto by this Act, of the following new sections an . numbered respectively nineteen, twenty, twenty-one, and twenty-two, namely:- "[19.] The Governor in Council may from time to Powers in time by Proclamation declare- . aid of Act. (i.) That the introduction into Queensland from Introduction another State in the Commonwealth, or into ~ ! ! ~ gar- . any portion of Queensland specified.in such . Proclamation, of any sugar-cane which is in his opinion likely to introduce any insect, fungus, or disease shall be either absolutely prohibited or permitted only as prescribed; (ii.) That the removal of any sugar-cane from or Removal of out of any plantation or other place, or from sugar-cane. or out of one portion of any plantation or place to any other portion of the same plantation or place, shall be either absolutely probibited or permitted only as prescribed; •

17276 SUGAR. PART II.- AMENDMENTS OF .. THE SUGAR EXPERIMENT STATIONS AOTS, 1900 TO 1934." Disease, &c. Sugar Experiment Stations Acts, Etc., Act. 2 GEO. VI. No. 12, (iii.) Any disease affecting sugar-cane to be a disease, or any fungus to be a fungus, or any insect to be an insect, respectively, within the meaning of this Act. Introduction [20.] (1.) No person shall introduce or cause to be oofr sruemgaorv-caalne I • nt roduced ' ill t" 0 QueensIan dor ' .Into any port'IOn 0 f &c., contrary Queensland sugar-cane or any insect or fungus contrary to Act. to this Act. (2.) No person shall remove or cause to be removed from or out of any plantation or other place or from or out of one portion of any plantation or place to any other portion of the same plantation or place any sugar- cane contrary to this Act. (3.) No person shall import, introduce, bring, transfer, or cause or knowingly permit to be imported, introduced, or brought into Queensland any insect or fungus except for scientific purposes only and with the consent of the Minister. Insects, fungi, packages, &c., may be seized. [21.]- (a) Every insect and every fungus and all sugar- cane introduced into Queensland, or into any portion of Queensland, or removed from or out of any plantation or other place or from or out of one portion of any plantation or place to any other portion of the same plantation or place, contrary to this Act; and (b) All diseased sugar-cane introduced into Queens- land or removed from one part of Queensland to another part thereof; and (c) Every box, basket, package, or case harbouring, infested by, or containing any such insect, fungus, or sugar-cane, as in paragraph (a) or (b) hereof mentioned, may forthwith be seized by or on the order of the Minister or any inspector, and shall be dealt with, whether by the destruction thereof or otherwise, as the Minister or such inspector may direct. Powers of inspectors. [22.] Any inspector may- (a) Seize and detain any sugar-cane suspected to be diseased, which is being introduced into Queensland or removed from one part of Queensland to another part thereof, or from

SUGAR. 1727':" 1938. PART II.- Sugar Experiment Stations Acts, Etc., Act. AMENDMENTS OF "THE SUGAR EXPERIMENT or out of any plantation or place, or from or ACSTTAS, TIO1N9S00 out of one portion of anY'plantation or place TO 1934." to any other portion of the same plantation or place, and every box, basket, package, case, or any other material which is suspected to contain any diseased sugar-cane, or to harbour or to be infested by any insect or fungus, and remove and examine the same: and further may take away specimens in respect of such sugar-cane for scientific examination or as may be otherwise directed by the Minister. The marking with a broad arrow by an inspector of any sugar-cane, box, basket, package, case, or other material so seized and detained as aforesaid shall be sufficient notification to all persons concerned that the inspector has so seized and detained such sugar-cane, box, basket, package, case, or other material, as the case may be; (b) Without notice, and with or without such assistants as he may think fit, enter at all reasonable times upon any land, premises, or place, and any building, structure, vehicle, or any other thing, and there search for and examine any sugar-cane, insect, or fungus, and at any place whatsoever examine and inspect any box, basket, package, case, or any other material that harbours or is likely to harbour any insect or fungus, and may remain on such land, premises, or place so long as may be reasonably necessary for such purpose: and further may take away specimens in respect of any sugar-cane or any other matter or thing for scientific examination or as may be otherwise directed by the Minister." 19. The Principal Act is hereby amended by the New s. 23. addition thereto after section twenty-two, as previously added thereto by this Act, of the following new section numbered twenty-three, namely:- "[23.J (1.) The Schedule to this Act shall form Schedule part of this Act and may at any time and from time to to forr h' time be modified or a new Schedule in lieu thereof ~ ~: 0 t l' substituted by the Governor in Council by Order in .

17278 SUGAR. PART II.- AMENDMENTS OF" THE Sugar Experiment Stations Acts, Etc., Act. 2 GEO. VI. No. 12, SUGAR EXPERIMENT ACSTTSA, TIO1N9S00 Council published in the Gazette; such Schedule as so TO 1934." modified or any such new Schedule shall thereupon become and be the Schedule to this Act and form part thereof. ~ emoval .or (2.) The removal or introduction of any sugar-cane, omftrsoudguacr- tlOn excep t . .c l.Or the purpose 0 f ml' 11m' g at a ml' 11 t 0 wh l ' C h the cane in . land from which such sugar-cane is removed is assigned, qsuugaarar-nctainnee or t 0 wh· lC h the de1I· very 0 f such sugar-cane I.S sanct·lOned districts. by the Central Board, from or into any sugar-cane quarantine district as defined in the Schedule to this Act shall be permitted only under the authority, terIDjl, and conditions of and as set out in a permit issued by an inspector as hereinafter mentioned, that is to say:- An inspector may if he is satisfied upon the inspection of a plantation in any such sugar-cane quarantine district that such plantation is free from disease issue a permit in the prescribed form for the remova,l of sugar-cane, either generally or as to specified sugar-cane mentioned in such permit, from such plantation to any other sugar-cane quarantine district mentioned in such permit. Penalty. (3.) Any person who removes or introduces or attempts to remove or introduce any sugar-cane except for the purpose of milling as aforesaid from or into any such sugar-cane quarantine district as aforesaid without the authority of the prescribed permit or contrary to any term, condition, or specification of the prescribed permit shall be guilty of an offence and liable to a penalty of not more than one hundred pounds. In the case of the removal or attempted removal of any sugar-cane contrary to this subsection the following persons shall be deemed to have made or attempted to make such removal, that is to say, the person making or attempting to make such removal, and the occupier, or if there is no occupier the owner, respec- tively, of the plantation from which such removal is. made or attempted and of the plantation into which such sugar-cane is introduced or intended to be intro- duced upon such removal, and each and everyone of such persons shall be liable accordingly. In the case of the introduction or attempted introduction of any sugar-cane contrary to this sub- section the following persons shall be deemed to have made or attempted to make such introduction, that is to

SUGAR. 17279 PART II.- 1938. Sugar Experiment Stations Acts, Etc., Act. A.MENDlIIJIINTS OF "THE SUGAR EXPERIMENT STATIONS say, the person making or attempting to make such ACTS, 1900 introduction,and the occupier, or if there is no occupier TO 1934." the owner, respectively, of the plantation into which such introduction is made or attempted and of the plantation from which such sugar-cane is removed or intended to be removed for the purposes of such introduction, and each and everyone of such persons shall be liable accordingly. (4.) Where there is in or upon any plantation Power of within a sugar-cane quarantine district as defined in this inspector. section any sugar-cane planted andlor growing which an inspector suspects to have been introduced into such district contrary to this section such inspector may call upon the occupier or, if there is no occupier, the owner of such plantation to satisfy him beyond reasonable doubt that such sugar-cane was not introduced into such district contrary to this section. Any occupier or owner so called upon as aforesaid who fails to so satisfy such inspector shall be guilty of an offence and liable to a penalty of not more than one hundred pounds. (5.) A complaint for an offence against this section Complaints may be heard and determined either within the petty fe; sessions district within or within twenty miles of the 0 ences. boundary of which the plantation from which such removal is made or attempted is situated, or within the petty sessions district within or within twenty miles of the boundary of which the plantation into which such introduction is made or attempted is situated. The averme~ t in any complaint for an offence against this section that any sugar-cane is not for the purpose of milling shall, unless the defendant satisfies the court beyond reasonable doubt to the 'contrary, be conclusive evidence of the fact so averred. (6.) Any sugar-cane in respect of which there has When been a contravention of this section shall, and whether ~ ~ ~ : ~ ~ a: : : be any person has been convicted of such offence or not, diseased. be and be deemed to be diseased sugsJr-cane under and within the meaning of this Act, and all of the provisions of this Act relating to diseased sugar-cane shall extend and apply accordingly. N

17280 SUGAR. PART II.- AMENDMENTS OF .. THE SUGAR EXPERIMENT Sugar Experiment Stations Acts, Etc., Act. 2 GEO. VI. No. 12, 1~ ~ ~I~~3o (7.) This section shall be in aid of and not in deroga- C o T n O s t 1 r 9 u 3 c 4 't': IOn tion of • any other provision of this Act rel . atin . g to of section. quarantme and shall be read and construed accordingly~ and nothing in this section shall prevent an inspector from authorising the removal of diseased sugar-cane for scientific purposes." New ss. 24,25, and 26. 20. The Principal Act is hereby amended by the addition thereto after section twenty-three, as previously added thereto by this Act, of the following new sections numbered respectively twenty-four, twenty-five,' and twenty-six, namely:- When occupier or owner maybe ordered to eradicate "[24.J (1.) When any inspector finds upon any assigned land any variety of sugar-cane which is diseased sugar-cane under and within the meaning of section thirteen or section fourteen or section eighteen or section sugar-cane. twenty-three of this Act, or finds upon any land not assigned to a mill any variety of sugar-cane which is diseased sugar-cane under and within the meaning of section thirteen or section fifteen or section eighteen or section twenty-three of this Act, or finds upon any land, premises, or place any sugar-cane which he reasonably suspects to be diseased, or any insect or fungus harbouring in any building, structure, or vehicle, or in any other thing, or in any box, basket, package, case, or any other material, or existing in any part of such land, .premises, or place, he may issue an order to the occupier or, if there is no occupier, then to the owner of such land, premises, or place, or to the owner or person apparently in charge of any such vehicle, box, basket, package, case, or other material or thing, directing him either forthwith or within a time to be fixed by the order to destroy in such manner as is directed by such order or as is prescribed all such sugar-cane or, as the case may be, sugar-cane reasonably suspected to be diseased and all such insects and fungi, and also (if in his opinion it is necessary) all such boxes, baskets, packages, cases, containers, and other material, and in the case of diseased sugar-cane to take all such further or other measures for the eradication of disease as are in his opinion necessary or as are prescribed: Provided that when any inspector finds any sugar- cane reasonably suspected to be diseased, or any such box, basket, package, case, or other material as aforesaid in the possession of the Commissioner for Railways or

SUGAR. 17281 PART 11.- 1938. Sugar Experiment Stations Acts, Etc., 4ct. .AMENDMENTS Ol!' "THE SUGAR any ot h er carrier, t h e inspector may, in I ieu 0 f issu . mg E A XS O PTEA T RT S II , MO 19 NE 0 SN 0 T such order as aforesaid to any of the abovementioned TO 1934." persons, issue such order to the consignee or consignor of such sugar-cane, box, basket, package, case, or other material. (2.) (a) Any person ordered by an inspector UnderWhen.appeal subsection one of this section to destroy any sugar-cane ~ ~ ~ li~ der which is diseased sugar-cane under and within the of ins~ ector. meaning of section thirteen or section fourteen or section fifteen of this Act may, within fourteen days after the making of such order, appeal therefrom to the Central Sugar Cane Prices Board. (b) The person so appealing shall, within fourteen days after the making of the order, give notice in writing of his intention to appeal to the secretary of the Central Sugar Cane Prices Board and to the inspector who made the order. (c) The Central Sugar Cane Prices Board may hear and determine any appeal made to it under this section at such time and place and in such manner as to it shall seem fit, and may in its discretion confirm, rescind, or modify the order appealed against: Provided that any such order confirmed or modified by the Central Sugar Cane Prices Board shall be deemed to become and be the order of the inspector, and shall as and from the date of its confirmation or modification, or such later date as the Central Sugar Cane Prices Board shall direct, have force and effect accordingly. For the purposes of this subsection, the Central Sugar Cane Prices Board shall not be deemed to be constituted and shall have no power or authority thereunder unless the chairman of the said Central Sugar Cane Prices Board (being the Supreme Court Judge appointed chairman thereof) shall preside. (3.) When in the opinion of the Director it is W? ~ n necessary for the prevention of the Bpread of any!:ter may disease that any sugar-cane which is not affected thereby destruction should be destroyed, he shall report the fact to the ~ ~ : : 1: : ~ ~ ~ e Minister, who may thereupon issue an order to thewith disease. occupier or, if there is no occupier, to the owner of the land, premises, or place whereon such sugar-cane is, directing him to destroy such sugar-cane within a time after the service of such order to be therein stated,

17282 SUGAR. PART IT.- AMENDMENTS OF" THE Sugar Experiment Stations Acts, Etc., Act. 2 GEO. VI. No. 12, SUGAR EXPERIlIlENT A S C T T A S T , IO 19 N 0 S 0 and in such manner as is thereby directed or as is TO 1934." prescribed, and also to take such further or other measures for the prevention of disease as are in his opinion necessary or as are prescribed. When inspectors may take measures to enforce order. [25.] If any owner or occupier or person apparently in charge of any land, premises, or place fails to comply with the direction contained in any order of an inspector or the Minister served upon him, any inspector, with or without assistants, may enter upon such land, premises. or place in question at any time and do all such things and take all such measures as may be necessary for the enforcement of such order. This section shall not prejudice any other provision of this Act whereby a penalty may be recovered against any person for any such failure as aforesaid, and any such penalty may be recovered whether or not an inspector has exercised his powers under this section. Recovery [26.] The amount of any costs, charges, and expenses, cohf acrogsetss,,and together with interest at the prescribed rate, incurred expenses. by any inspector in or about taking such measures as prescribed shall be recoverable from the occupier or, if there is no occupier, then from the owner of the land, by complaint in a summary way or by action in any court of competent jurisdiction: Provided that if any person convicted of an offence against this Act has failed to pay any such amount as aforesaid the adjudicating court may, in addition to or in lieu of a penalty, order him to pay such amount: Provided further, that an unsatisfied judgment or order for the recovery(,"of any such costs, charges, or expenses shall not be a bar to the recovery thereof from any other person liable to the payment thereof." News. 27. 21. The Principal Act is hereby amended by the addition thereto after section twenty-six, as previously added thereto "Qy this Act, of the following new section numbered twenty-seven, namely:- Abandoned "[27.] (1.) If an inspector reports to the Minister that land. any plantation is an abandoned or neglected plantation as defined by this Act, the Minister may give notice to the occupier or, if there is no occupier, then to the owner of the land in which such plantation is comprised, that he has decided to exercise the powers conferred

SUGAR. 17283 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PART II.- 1938. Sugar Experiment Stations Acts, Etc., Act. AMENDMENTS OF" THE SUGAR EXPlillJl!E;NT upon him by this section. Any person aggrieved by a ASOTTAST, IO 1 N 90 S 0 decision of the Minister under this subsection may TO 1934." appeal therefrom to a court of petty sessions constituted by a police magistrate in the manner prescribed, whose decision shall be final and conclusive and without appeal. (2.) If within a period to be prescribed an appeal has not been lodged by such occupier or owner, or his appeal has proved unsuccessful, the Minister may order all sugar-cane in or upon the plantation which in the opinion of an inspector is likely to harbour or spread any disease to be destroyed in such manner as is directed by such order or as is prescribed. (3.) Failure on the part of the occupier or owner, as the case may be, to comply with any such order shall constitute an offence under this Act, and moreover the provisions of sections twenty-five and twenty-six of this Act shall, mutatis mutandis, apply and extend accordingly." 22. The Principal Act is hereby amended by the New s. 28. addition thereto after section twenty-seven, as previously added thereto by this Act, of the following new section numbered twenty-eight, namely:- "[28.] (1.) Without in any way limiting the Quarantine operation and 8cope of any other provision of this Act, areas. the Governor in Council may from time to time by Proclamation declare any area, whether situated wholly within a mill area, or partly within and partly without a mill area, or wholly without a mill area, to be a quaran- tine area for the purposes of this Act, and may define the boundaries of such quarantine area in such Proclamation: Provided that if a mill a/ea is so declared to be a quarantine area for the purposes of this Act, it shall be sufficient to state in the Proclamation the mime of such mill area without defining the boundaries thereof: Provided further, that the Governor in Council may by Proclamation suspend for any period, or extend for any period, or may cancel any existing Proclamation so declaring a quarantine area. (2.) In any quarantine area so proclaimed, such Minister Proclamation may set forth the reason for and/or nature~ : k~ e~ ~ are of the quarantine to be imposed in such area, or the quarantine. Minister may declare the nature of the quarantine that shall be so imposed in such area, or in respect of the

17284 SUGAR. PART IT.- AMENDMENTS OF "THE Sugar Experiment Stations Acts, Etc., Act. 2 GEO. VI. No. 12, SUGAR EXPERIMENT ACSTTSA, TIO1N9S00 undertaking mentioned in the next following subsection, TO 1934." and any inspector is hereby authorised and empowered to give such orders and to take such action as may be deemed necessary for the purposes of such quarantine accordingly. Undertaking (3.) The Minister may if he thinks fit, instead of icnasceesr. tain d eclar'mg 1and to be a quarantine area, accept an undertaking in the prescribed form given by the occupier or owner of the land to comply with the requirements mentioned therein. Upon such undertaking being given, the land mentioned therein shall for the period therein specified be deemed to be a quarantine area, and the person giving the undertaking shall comply with all the terms and conditions thereof. In any such quarantine area the quarantine may be general or in respect of a particular disease or pest. Any such quarantine may be determined or declared in respect of a particular disease or pest, notwithstanding: that the area is already declared a quarantine area for some other disease or pest. Quarantine (4.) Any quarantine area may be so proclaimed aarbesaenwcheeorfe notwithstanding that in such area there is an absence of disease or any disease or pest. pest. Duties and obligations of occupier or owner. (5.) The duties and obligations and any course of action to be taken by the occupier, or if there is no occupier by the owner, of the land in any such quarantine area shall be as is prescribed or as may be directed by the Minister. Specified part of area. (6.) The Governor in Council on the recommendation of the Minister may by Order in Council published in the Gazette apply to any specified part of a quarantine area any special provisions, conditions, and stipulations (of a more drastic nature) and any further duties and obligations to be obeyed and to be given effect to by any occupier, or if there is no occupier by any owner of land in any such specified part of a quarantine area as prescribed in the Order in Council. Such special provisions, conditions, and stipulations, and any further duties and obligations may be in addition to any other duties and obligations and course of aotion as aforesaid prescribed in the quarantine area in which the specified part as aforesaid is embraced.

SUGAR. 17285 P.A1tT II.- . 1938. Sugar Experiment Stations Acts, Etc., Act. A~ ; N; ? ~ ~ ~ TS SUG.A1t EXPERIJI[ENT (7.) The Governor in Council on the recommendation A~ ~ ~ ~ I1~ ~ o of the Minister may by a like Order in Council direct P: ;e~ 9! ~ ." that all sugar-cane of a particular variety within a declare that quarantine area or within some specified part thereof ~ ~ ~ ~ i~ be as aforesaid shall be treated in such manner as may be treated for directed by such order or as may be prescribed for the dlsease. disease or pest in respect of which the quarantine is imposed, whether the sugar-cane of such particular variety is diseased or infested or not. (8.) If the occupier or owner of any land, premises, Inspector or place within a quarantine area fails to comply with : rl~ rce the directions contained in any Order in Council or given quarantine by the Minister or with any order given by an inspector, directions. or with any term or condition of an undertaking given by him, any inspector with or without assistants may enter upon such land, premises, or place in question at any time and do all such things and take all such measures as may be necessary for the enforcement of such directions, order, or undertaking, as the case may be; and the provisions of section twenty-six of this Act shall, mutatis mutandis, apply and extend accordingly. This subsection shall not prejudice any other pro- vision of this Act whereby a penalty may be recovered against any person for any such failure as aforesaid, and any such penalty may be recovered whether or not an inspector has exercised his powers under this subsection. (9.) It is hereby declared that the removal, planting \ When sourgatrra-cnasnpela 0 n f tianngy ovrartiheety doetlhievrertyhatno aavnayrI . metiyllspoefC! ' afineyd aprenlalDnooftfr:eu, anglcoer. by any Proclamation, declaration, or Order in Council as aforesaid within a quarantine area shall be prohibited unless permission for such removal, plant- ing, or transplanting or delivery is granted by the Minister or by an inspector, either generally or in any particular case, and in accordance with any directions imposed by the Minister or inspector therein. Any person offending against the provisions of this section shall be guilty of an offence against this Act. Where sugar-cane is removed, planted, or transplanted contrary to the provisions of this subsection the following persons shall be deemed to have offended against this subsection and shall be liable accordingly, namely:- (a) The person who makes or causes to be made such removal, planting, or transplanting; and

17286 PART II.- AMENDMENTS OF "THE SUGAR ElU'ERIlIIENT STATIONS ACTS, 1900 TO 1934." SUGAR. Sugar Experiment Stations Acts, Etc., Act. 2 GEO. VI. No. 12, (b) The occupier or, where there is no occupier, the owner, of the land upon which such planting or transplanting takes place; and (c) In the case of any such removal the occupier or, where there is no occupier, the owner, respectively, of the land from which and of the land to which such removal takes place." New ss. 29, 23. The Principal Act is hereby amended by the :g: 31, and addition thereto after section twenty-eight, as previously added thereto by this Act, of the following new sections numbered respectively twenty-nine, thirty, thirty-one, and thirty-two, namely:- ~ ane.disease "[29.] The Minister may from time to time infested area. by notification in the Gazette declare any area or areas within the State where sugar-cane is grown to be cane-disease infested. Any area so notified is herein referred to as a cane-disease infested area. The Minister may from time to time by like notification- (a) Alter the boundaries of a cane-disease infested area, whether by exclusion of land therefrom or inclusion therein of other land; (b) Combine two or more such areas into one such area whether or not such areas are contiguous; (c) Abolish any such area. When, in consequence of the exercise by the Minister of any power conferred upon him by this section, he deems it necessary or desirable to apportion or dispose of the assets of any Cane Disease Control Board he may, and either in the notification exercising such power or in a further like notification, make such apportionment or disposal of such assets as to him shall seem just and equitable. Constitution of Cane [30.] The Governor in Council may upon the Disease recommendation of the Director by Order in Council BCooanrtdrosl. published in the Gazette constitute a Cane Disease Control Board in and for any cane-disease infested area, which shall be defined in such Order in Council. Every such Board shall consist of five members, three of whom shall form a quorum at any meeting of such Board. Three members of such Board shall be cane-growers.

SUGAR. 17287 1938. Sugar Experiment Stations Acts, Etc., Act. PART II.- AMENDMENTS OF "THE SUGAR EXPERIMENT No person shall become or remain a member of A~ ~ ~~ rr: ~ o such Board who is not or was not, within twelve- months TO 1934." next preceding, a cane-grower entitled to vote as herein- after provided or a mill-owner or a representative of a mill-owner within such area. The members of such Board shall be elected by the mill-owners of the area electing two members and the cane-growers of the area electing three members. No cane-grower shall be entitled to a vote unless he is cultivating or usually or ordinarily cultivates an area of at least five acres of assigned land for the purposes of the sale or supply of sugar-cane to a sugar mill. Every such Board shall be elected for a period not exceeding two years, as may be determined by the Governor in Council in the Order in Council creating such Board. The time and mode of ejection of the members of such Board, and of the filling of any vacancy therein, shall be such as shall be fixed by the regulations. The regulations may provide for all or any matters or things necessary or convenient to enable such Board to conduct its business. [31.] The powers and duties of a Cane DiseasePo~ erBand Control Board shall be to take all proper steps within ~ ~ ~ : ~ B~ f their area for the suppression and prevention of cane diseases: Provided that in any ease where any sugar-cane within a cane-disease infested area (not being diseased sugar-cane under and within the meaning of section thirteen, section fourteen, section fifteen, section eighteen, or section twenty-three of this Act, or sugar-cane which is destroyed in the course of dealing with any land under section twenty-seven of this Act) is destroyed by or under the direction of the Minister or of an inspector, the Cane Disease Control Board may pay from its funds to the owner of such sugar-cane such compensation as is adjudged reasonable by the Advisory Board, or, if the owner of such sugar-cane is aggrieved by the decision of the Advisory Board and appeals to the Minister to have the matter referred to an assessor, by an assessor to be chosen by the Minister, and the decision of the assessor shall be final.

17288 SUGAR. PART 11.- AMENDMENTS OF .. THE Sugar Experiment Stations Acts, Etc., Act. 2 GEO. VI. No. 12, SUGAR EXPERIMENT STATIONS ACTS, 1900 The reasonable costs and expenses of any such TO 1934." assessment of compensation by an assessor shall be charged against and paid out of the funds of the Cane Disease Control Board. Proper books of accounts showing all moneys received and expended shall be kept by the Cane Disease Control Board, and such books of account shall be open and available at all times for the inspection of any person appointed in that behalf by the Minister. The provisions of section 9E of this Act shall, mutatis mutandis, apply and extend with respect to the books and accounts of the Cane Disease Control Board. Assessment [32.] (1.) In addition to any other assessment pro- f p o u r rp B o o s a e r s d . avniddedlefvoyr ainn tahsisseAsscmt, etnhteoMf ninoitstmeromreatyhiannetahcrheeyepaerncmeaokne every ton of sugar-cane received at any sugar works within a cane-disease infested area. The amount of such assessment shall be determined by each Cane Disease Control Board in respect of their area. The provisions of section seven of this Act shall, so far as they are applicable, apply to the levy of every assessment levied under this section. (2.) Upon receipt by the Minister of the moneys raised in a cane-disease infested area by an assessment levied under this section, he shall cause such moneys to be transmitted to the Cane Disease Control Board of such area, to be used by them in carrying out the powers and duties vested in them. All moneys so received from the Minister by a Cane Disease Control Board shall be placed to the credit of the Board in an account which shall be operated upon by the chairman and secretary of the Board." News. 33. 24. The Principal Act is hereby amended by the addition thereto after section thirty-two, as previously added thereto by this Act, of the following new section numbered thirty-three, namely:- State of "[33.] (1.) The Governor in Council may by e~ - : ? e: : a Proclamation published in the Gazette declare a state :: C~ ~ ePests of emergency to exist in any area which is a cane-pest ~ oard; ~ ease infested area or a cane-disease infested area under and ~: : rol within the meaning of this Act. Board. .

SUGAR. 17289 PAR!!! 1I.- 1938. Sugar Experiment Stations Acts, Etc., Act. AMENDMENTS OF" THE SUGAR ------------------------------------------------ Enmrnm~ Such state of emergency shall continue to exist A S m !! ' ! S A , 'rIO 1 N 9 S 00 for such period as is stated in the Proclamation declaring TO 1934." same, or, if no such period is so specified, until such state of emergency is terminated by a like Proclamation. (2.) During the continuance of a state of emergency so declared within an area the Cane Pests Board (if any) or, as the case may be, the Cane Disease Control Board (if any) for that area shall, subject as hereinafter provided, cease to exercise the powers, authorities, functions, and jurisdiction conferred or imposed upon it by this Act, and all such powers, authorities, functions, and jurisdiction shall for the time being be deemed to be conferred upon the Advisory Board and shall be had and may be exercised by the Advisory Board accordingly. (3.) For the purposes of giving effect to subsection two of this section all moneys standing to the credit of the Cane Pests Board or Cane Disease Control Board concerned at the date of the declaration of the state of emergency or which may be levied by the Minister pursuant to this Act during the continuance of the state of emergency (the making of any such levy authorised by this Act during the continuance of ·such state of emergency being hereby authorised) shall be available to and may be expended by the Advisory Board for the purposes of giving effect to this section: Provided that upon the termination of the state of emergency the unexpended balance thereof (if any) shall be restored to the Cane Pests Board or Cane Disease Control Board concerned; Provided further, that no Cane Pests Board or Cane Disease Control Board shall be exempted from the provisions of section 9E of this Act merely by reason of the declaration of a state of emergency within its area." 25. The Principal Act is hereby amended by the New ss. 34, addition thereto after section thirty-three, as previously :~ : 36, and added thereto by this Act, of the following new sections numbered respectively thirty-four, thirty-five, thirty-six, and thirty-seven, namely;-- " [34.] The occupier of any land, premises, or place ~ otice to be in or upon which any disease appears. shall, within ; ~ ; ~ ~ ! nco twenty-four hours or such other further tIme as may be of disease. prescribed after first discovering or becoming aware of its appearance and/or at such times as may be pre- scribed, give written notice thereof to an inspector or to the Director.

17290 SUGAR. PART 11.- AIl]IINPMENTS OF .. THE Sugar Experiment Stations Acts, Etc., Act. 2 GEO. VI. No. 12, S.UGAR EXPERIMENT STATIONS ACTS, 1900 This section applies only in respect of the diseases TO 1934." to which it is from time to time made applicable by the Governor in Council by Proclamation published in the Gazette. Power to [35.] When an inspector finds upon any land, : qu~ eor premises, or place any disease he may serve on the ocW::pier of occupier or, in case there is no occupier, the owner of ldandt' &c., to such land, premises, or place a notice requiring him peresvreonytor to take such measures or d 0 such acts as are specified' ID BdlBI.' ereaasde. of such notice or as are • prescribed, to eradicate or prevent the spread of such disease. Steps to be [36.] Whenever disease exists on any land, premises, ltiaannkfeedcnti e s wd.hen oorr, p i l f acet, hearne iinsspencotorocmcuapyier,sertvhee oonwntehre aocncuoptiiceer requiring him to quarantine the land, premises, or place and the sugar-cane thereon for a period not exceeding twenty-one days, and to take such measures or do such acts as are specified in such notice, or as are prescribed. Such notice may name a time at which the doing of anything thereby required shall be commenced, and a time within which it shall be completed. Application [37.] If any occupier or owner fails to comply with o an f d BB 2 . 62. 5 any notice given by an inspector pursuant to section thirty-five or section thirty-six of this Act, the provisions of sections twenty-five and twenty-six of this Act shall, mutatis mutandis, apply and extend in respect of the land, premises, or place concerned." New BS. 38 26. The Principal Act is hereby amended by the to 47. addition thereto after section thirty-seven, as previously added thereto by this Act, of the following new sections numbered respectively thirty-eight to forty-seven, namely:- Proof of order. "[38.] The production of any order, direction, or notification purporting to be signed by the Minister, or by the Director, or by any inspector or other officer authorised by the Minister, or of any certified copy thereof, shall in the absence of proof to the contrary be sufficient evidence of the due making of such order, direction, or notification, and that it was duly signed by the person by whom it purported to be signed.

SUGAR. 17291 ~ PART 11.- 1938. Sugar Experiment Stations Acts, Etc., Act. AMENDMENTS OF .. THE SUGAR EXPERIMENT The production of a certificate purporting to be AOSTTAST, IO1N9S00 signed by any inspector or of any certified copy thereof TO 1934." that any costs, charges, or expenses of an amount stated have been incurred by such inspector upon any land, premises, or place under or for the purposes of this Act shall be prima facie. evidence that costs, charges, or expenses were duly incurred and that the amount thereof so stated is the correct amount. [39.] (1.) No inspector, and no' person acting under~ mmunity of the direction or order of an inspector or the Minister, shall ~~ d~~ t>: : s. be deemed to be a trespasser by reason of any entry or destruction under this Act, or be liable for any damages occasioned by the carrying-out of this Act, unless the same were occasioned maliciously and without reasonable or probable cause. (2.) Except as otherwise provided no person ~ imit of shall be entitled to receive any compensation whatsoever ~ ~ !~ ! ~a­ in consequence of any measures lawfully taken for the tion. eradication of any disease, or the destruction of any insect or fungus, or of any variety of sugar-cane the destruction of which may be ordered under this Act, or of any prohibited or diseased sugar-cane or variety of sugar-cane, or in respect of any loss or injury that may result to him therefrom, either directly or indirectly. [40.] No action shall be brought against any person Limit~ tion acting in the execution of this Act for anything done of actIOns. thereunder unless the same is commenced within four months after the act complained of has been committed. [41.] (1.) Every person shall be guilty of an offence Offences. against this Act who- (a) In any manner obstructs or impedes any person in the execution of any of the powers conferred by this Act; or (b) Disobeys or neglects to comply with this Act, or any order, notification, or direction given in pursuance thereof; (c) Fails to comply with any term or condition of an undertaking given by him pursuant to this Act. (2.) If any person is guilty of an offence against Penalty. this section he shall be liable to a penalty not exceeding fifty pounds for the first offence and not exceeding one hundred pounds nor less than ten pounds for any second or subsequent offence.

17292 SUGAR. PART II.- AMENDMENTS OF .. THE Sugar Experiment Stations Acts, Etc., Act. 2 GEO. VI. No. 12, SUGAR EXPERIMENT STATIONS ACTS, 1900 [42.] (1.) Any person who is guilty of an offence or of TO 1934." General a contravention of or failure to comply with any provision penalty. of this Act for which no specific penalty is in this Act provided shall be liable to a penalty not exceeding fifty pounds. Recovery (2.) All penalties incurred for any offence against of penalties. this Act may be recovered in a summary way under *"The Justices Acts, 1886 to 1932," on the complaint of any inspector or other person authorised by the Minister. In every case where a conviction is obtained the court may adjudge the defendant to pay to the prosecutor all proper expenses of the prosecution. Proceedings for an offence against this Act may be instituted at any time within six months after the commission of the offence or within four months after the discovery thereof by the complainant, whichever is the later period. Service of notice, &c. [43.] (1.) Any notice, order, process, or other document under this Act required or authorised to be given or served to or upon any person may be given or served- (i.) By delivering the same to such person; or (ii.) By leaving the same at his usual or last known place of abode; or (iii.) By forwarding the same by post in a prepaid letter addressed to such person at his usual or last known place of abode. (2.) Any such document required to be given to or served on the owner or occupier of any land may, if the name of the owner or occupier is not known, be addressed to him by the description of the" owner" or " occupier" of the land in question (naming it), without further name or description. (3.) Any such document, if addressed to the owner or occupier of land, may be given or served by delivering the same or a true copy thereof to some person on the land, or, if there is no person on the land who can be so served, by fixing the same on some conspicuous part of the land. * 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seq.

SUGAR. 17293 1938. Sugar Experiment Stations Acts, Etc., Act. PART II.- AMENDMENTS OF .. THE SUGAR EXPERIMENT (4.) The court may, if satisfied that there is no A~ i~ ~ I~ ~ ~ O OCCUp.Ier 0 f such Iand and • t h at t he owner t hereof ' IS Co T u O r t 19 m 3 a 4 . " y absent from Queensland or IS unknown, proceed to hear proceed and adjudicate upon any complaint in respect thereof ex parte. ex parte, and in such case the expenses of any such proceedings ordered to be paid by the defendant shall until paid be and remain a charge on such land and payable by the owner thereof for the time being. (5.) A certificate under the hand of the secretary Certificate of the Central Board within the meaning of *"The ~ ~ ~ e: ~ : tary Regulation of Sugar Cane Prices Acts, 1915 to 1938," that Prices any land is or is not assigned land, andjor as to the area Board. and boundaries of any assigned land, andjor as to the holder of the assignment of any assigned land, andjor as to the mill to which any land is assigned, andjor as to the mill area within which any land (whether or not assigned land) is included, shall be admissible in any proceeding whatsoever under this Act and shall be conclusive evidence of the facts certified to therein, and the signature of the secretary to such certificate shall be judicially noticed. (6.) A certificate under the hand of the Director Certificate that any sugar-cane which is the subject-matter of any of Director. proceedings for an offence against this Act is of any particular variety, or is not of any variety or varieties mentioned in such certificate, shall be admissible in evidence in such proceedings and shall, until the contrary is proved beyond reasonable doubt, be sufficient evidence that such sugar-cane is of the variety so certified to, or, as the case may be, is not of any variety or varieties so mentioned. Judicial notice shall be taken of the signature of the Director to every such certificate as aforesaid. [44.] All expenses incurred in the administration Expenses of this Act shall, except as otherwise provide4 in this Act, of Act. be paid out of moneys to be appropriated by Parliament for that purpose, which appropriation is hereby authorised accordingly. [45.] In any proceedings for an alleged offence Evidence. against this Act it shall not be necessary to prove the appointment of any inspector or other authorised officer, or the authority of any inspector or other authorised officer to do any act or to give any direction or issue or serve any notice or to take any proceeding. * 6 Geo. V. No. 5 and amending Acts, aupra, pages 9887 et seq.

17294 SUGAR. PART II.- AMENDMENTS OF .. THE Sugar Experiment Stations Acts, Etc., Act. 2 GEO. VI. No. 12, SUGAR EXPERIMENT STATIONS ACTS, 1900 Where it is necessary to describe any land, premises, TO 1934." plantation, or place for the purposes of any order or certificate authorised to be made or given by this Act, or for the purposes of any proceeding for an alleged offence against this Act, then, and in every such case, it shall be sufficient to describe such land, premises, plantation, or place in terms which reasonably fix the identity thereof. Proof of identity of [46.] Where, in any proceedings for an alleged land, &c., offence against this Act, it is material to prove- and/or of occupation, &c., thereof. (a) That any land, premises, plantation, or place is the land, premises, plantation, or place, as the case may be, in respect of which the offence alleged in such proceedings occurred; andlor (b) That any person is the occupier or, as the case may be, the owner of the land, premises, plantation, or place in respect of which the offence alleged in such proceedings occurred, then, and in every such case, and until the contrary is proved beyond reasonable doubt- (i.) The land, premises, plantation, or place described in the complaint instituting such proceedings andlor in any order or certificate made or given under this Act which is admissible in evidence in such proceedings shall be deemed to be the land, premises, plantation, or place, as the case may be, in respect of which the offence alleged in such proceedings occurred; andlor (ii.) The person alleged in the complaint instituting such proceedings andlor in any order or certificate made or given under this Act which is admissible in evidence in such proceedings to be the occupier or, as the case may be, the owner of the land, premises, plantation, or place in respect of which the offence alleged in such proceedings occurred, shall be deemed to be such occupier or, as the case may be, owner. Defence to charge of breach of s. 23 (3) or s. 28 (9). [47.] (1.) Where the occupier or owner of any land, premises, place, or plantation is charged with a breach of subsection three of section twenty-three or of subsection nine of section twenty-eight of this Act, it shall be a defence for him to prove that such offence was committed without his knowledge, connivance, or consent.

SUGAR. 17295 1938. Sugar Experiment Stations Acts, Etc., Act. PART II.- .AliENDMENTS OF "THE SUGAR EXPllBOlllN~ STATIONS (2.) Where the person charged with a breach of A T C O TS1, 93149. 0"0 subsection three of section twenty-three or of subsection nine of section twenty-eight of this Act is neither the occupier nor the owner of the land, premises, place, or plantation in respect of which such breach occurred, it shall be a defence for him to prove that he committed such offence while acting as the agent or servant of some other person and that he had no reason to suspect that he was committing same." . 27. The Principal Act is hereby amended by the New BI!. 48. addition thereto after section forty-seven, as previously 49, and 50. added thereto by this Act, of the following new sections numbered respectively forty'"eight, forty-nine, and fifty, namely:- f " [48.] In addition to and without in any way limiting ~der the powers of the Governor in Council under this Act, the unOI. Governor in Council is hereby empowered from time to time by Order in Council to issue such orders and give such directions and prescribe such matters and things, whether in addition to or in amendment of this Act, as will be calculated to give full effect to the objects and purposes of this Act. [49.] (1.) The Governor in Council may from time Regulations. to 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, and, where there may be in this Act no provision or no sufficient provision in respect of any matter or thing adequate, necessary, or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. Without limiting the generality of the foregoing provisions, such regulations may provide for all or any of the following matters : - (1) Securing the detention and examination of sugar-cane which is suspected to be diseased, and of boxes, baskets, packages, containers, and cases which are suspected to contain diseased sugar-cane or to harbour or to be infested by insects or fungi ;

17296 PUT II.- ADNDDNTS OF U THE SUGAR EXPlUilllENT STATIONS ~ ~ TSi9l1. 9,o SUGAR. Sugar Experiment Stations Acts, Etc., Act. 2 GEO. VI. No. 12, (2) Securing the effectual treatment of diseased sugar-cane and the effectual destruction of insects and fungi and pests, and for the more effectual administration of this Act defining the term "proximity" included in the definition "diseased" ; -(3) Securing the disinfecting of boxes, baskets, packages, and cases used for shipping or forwarding sugar-cane to any destination previous to the same being returned to any land, premises, or place upon or in which there is any sugar-cane; (4) Prescribing quarantine and the nature thereof and all matters and things regarding quarantine and the administration thereof, including the matter of appointment of places of entry and quarantine, and generally any matter or thing necessary, .expedient, or convenient to give full effect to quarantine; (5) Securing the efficient transport of sugar-cane; -(6) Securing the efficient inspection of assigned lands or other lands used for the growing of sugar-cane; (7) The appointment and the powers, functions, duties, and authorities of a deputy for the Director; (8) Defining the qualifications and duties of inspectors under this Act, and prescribing the form of authority to be used by an inspector for the purpose of identifying himself ; (9) All matters or things, including forms of notices, orders, permits, or other forms required or permitted by this Act to be prescribed; (10) The issue, renewal, or refusal of any permit as may be prescribed and any fee therefor as may be prescribed; (11) Prescribing returns of statistics and data (whether in respect of sugar-cane or otherwise as may be prescribed) to be furnished to the Minister or any officer, and the contents and verification thereof by any person

1938. SUGAR. 17297 PAltT II.- Sugar Experiment Stations Acts, Etc., Act. A1IENDHENTS OF "THE SUGAlt EXPERDlENT STATIONS (whether the owner or occupier of any mill A T C O TS1, 93149. 0"0 or plantation or not, or whether occupier or owner of assigned land or land used for the growing of sugar-cane or not), and the time and mode of making and furnishing the same; (12) Prescribing the appointment and the functions, powers, duties, and authorities of honorary inspectors; (13) Imposing penalties not exceeding in any case filty pounds . for any breach of the regulations: and conferring power, authority, and jurisdiction to take proceedings under this Act, either against the occupier or owner, under such circumstances as may be prescribed; (14) Generally for carrying this Act into effect. (2.) Regulations may be made on the passing of this May be A C t • made on passing of Act. [50.] All Proclamations, Orders in Council, and~ rocla. ma­ regulations made or purporting to have been made under ~ ~ : ~ in this Act shall be published in the Gazette, and thereupon CounCil! and shall be of the same effect as if they were enacted in this : ~ r! 0ns Act and shall be judicially noticed, and shall not be part of this questioned in any proceedings whatsoever. Act. Any such Proclamation or Order in Council may be rescinded or amended, whether by addition or otherwise, by a subsequent Proclamation or Order in Council under this Act. The publication in the Gazette of any such Proclamation or Order in Council or regulation shall be conclusive evidence of the matters contained therein and of the power and authority to make such Proclamation, Order in Council, or regulation. All Proclamations, Orders in Council, and regulations shall be laid before the Legislative Assembly 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.

17298 SUGAR. PART 11.- AMENDHENTS OF "THE Sugar Experiment Stations Acts, Etc., Act. 2 GEO. VI. No. 12, SUGAR EXPERIMENT STATIONS ACTS, 1900 If Parliament passes a resolution disallowing any TO 1934." such Proclamation, Order in Council, or regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such Proclamation, Order in Council, or regulation has been. laid before it, such Proclamation, 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 Proclamation, Order in Council, or regulation. For the purpose of this section, the term "sitting days" shall mean days on which the House actually sits for the despatch of business." Schedule added to Principal Act. 28. The Principal Act is hereby amended by the addition thereto after section fifty, as previously added thereto by this Act, of the following Schedule, namely :- " SCHEDULE. SUGAR-CANE QUARANTINE DISTRICTS. (1) Mossmt"ln.-The area lying north of a line drawn due east and west through Buchan's Point. (2) Cairns-Johnsfone.-The area lying between a line drawn due east and west through Buchan's Point, on the north, and a line drawn due east and west through Cardwell, on the south. (3) Herbert.-The area lying between a line drawn due east and west through Cardwell, on the north, and a line drawn due east and west through TownsviIIe, on the south. (4) Lower Burdekin.-The area lying between a line drawn due east and west through TownsviIIe, on the north, and a line drawn due east and west through Bowen, on the south. (5) Proserpine and Mackay.-The area lying between a line drawn due east and west through Bowen, on the north, and Alligator Creek, on the south. (6) Plane Creek.-The area lying between Alligator Creek, on the north, and a line drawn due east and west through Rockhampton, on the south. (7) Bundaberg-Ghilders.-The area lying between a line drawn due east and west through Rockhampton, on the north, and a line following the Burrum River to its junction with the North Coast Railway, near Howard, and thence due west, on the south. (8) Maryborough.-The area between the southern boundary of the Bundaberg-Childers district, on the north, and a line drawn due east and west from Hook Point (on the southernmost end of Great Sandy Island), on the south.

SUGAR. 17299 1938. Sugar Experiment Stations Acts, Etc., Act. PART II.- AMENDMENTS OF "THE SUGAR EXPERIMENT (9) Moreton.-The area lying between the southern boundary of ASCTTAST, IO1N9S00 the Maryborough district, on the north, and a line drawn due east and TO 1934." west through Brisbane, on the Flouth. (l0) Logan.-·The area lying between .a line drawn due east and west through Brisbane, on the north, and the boundary of the State -of New South 'Vales, on the south." PART IlL-AMENDMENTS OF *" THE REGULATION PART III.- AMENDMENTS OF "THE OF 0E~ ~ g~ ; ; T6~ ~ E SUGAR CANE PRICES ACTS, 1915 TO 1936." 1~ ftc: ~ tgl~ : " '*" 29. This Part of this Act shall be read as one with t~ I o o ns n trf 0 UtCh' - . IS The Regulation of Sugar Oane Prices Acts, 1915 to Part. 1936," hereinafter in this Part of this Act referred to as the Principal Act. The Principal Act and this Part of this Act may be ~ ~ tlective -collectively cited as "The Regulation of Sugar Oane I e. Prices Acts, 1915 to 1938." The Principal Act is hereby amended, as follows ; - Ammenetnsdo- r " The Regulation of Sugar Cane Prices Acts, 1915 to 1936." (a) Subsection two of section five of the Principal Section 5 (2). Act is amended by repealing the second paragraph thereof, being the paragraph commencing with the words ~ , Provided that any cane-grower" and ending with the words "commercial cane-sugar" and by inserting the following paragraph in lieu of the paragraph so repealed, namely;- "Provided that if any sugar-cane upon lands assigned to a mill, other than sugar-cane of a variety which is diseased sugar-cane under and within the meaning of section thirteen or section fourteen or section eighteen of t"The Sugar Experiment Stations Acts, 1900 to 1938," becomes frosted or damaged the cane-grower concerned shall with the sanction of the Central Board be at liberty to deliver such frosted or damaged sugar- cane to any mill which is crushing sugar-cane whether such cane-grower's lands are assigned to such mill or not; and the owner of such mill shall be bound to accept delivery thereof and to pay for the same if such sugar-cane contains seven per centum or over of commercial cane sugar." * 6 Geo. V. No. 5 and amending Acts, 8upra, pages 9887 et 8eq. t 64 Vie. No. 17 and amending Acts, 8upra, pages 3426 et 8eq.

17300 SUGAR. PART III.- A~ : ~~ ¥ ~~ TS Sugar Experiment Stations Acts, Etc., Act. 2 GEO. VI. No. 12, 1938. REGULATION OF SUGAR CANE l~ MO: ~ 18i~ : . . (b) Section six of the Principal Act is amended by Seotion 6. repealing the third paragraph thereof, being the paragraph commencing with the words " Provided that a Local Board shall publi'3h " and ending with the words " appointed under *" The Sugar Experiment Stations Acts, 1900 to 1923." " Section 13 (c) Subsection 2A of section thirteen of the Principal (2A). Act is repealed. S (4 e ) c . tion 20 Act ( i d s ) aSmuebnsdeecdti, onasfofuorlloowf sse:ct-ion twenty of the Principal (i.) Paragraph (c) thereof is repealed; and (ii.) The two provisoes thereto, being respectively the proviso beginning with the words "Provided that a deduction" and ending with the words" cane-growers concerned,' ~ and the proviso beginning with the words "Provided always" and ending with the words "from the price," are repealed, and the following provisoes are inserted in lieu of the provisoes so repealed, namely:- " Provided that the mill-owner may make such deduction not exceeding ten shillings per ton as may be prescribed by the award of the Local Board or the Central Board from the price payable for any variety of sugar-cane- (a) Certified by the Advisory Board under subsection seven of section eleven of *"The Sugar Experiment Stations Acts, 1900 to 1938," to possess a material milling disability, or (b) Not included in a limited number of the varieties of sugar-cane approved by the Director of Sugar Experiment Stations~ such limited number to be agreed upon in the prescribed manner by the cane-growers whose lands are assigned to the mill : Provided always that every experimental variety of sugar-cane delivered or authorised to be delivered to a mill by the Director of * 64 V it;. No. 17 and amending Acts, supra, pages 3426 et seq.

SUGAR-SUPREME COURT. 17301 PART TII.- "2 GEO. VI. No. 20, 1938. Legal Practitioners Act Amendment Act. A~ : NE~ : : : TS - - - -- - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - of~ ~ ~ ~ ~ ~ Sugar Experiment Stations shall be taken 1~ ~~ c:g i\ ~ ~ ~ l. delivery of and crushed by the mill-owner concerned without any deduction from the price thereof." (e) Subsection eight of section twenty of the Principal Section 20 .Act is amended by repealing the words "Sugar-cane (8). ,grown on lands assigned to a mill " where such words ·occur in the first paragraph thereof, and by inserting the words "Sugar-cane other than a variety of sugar- ·cane which is diseased sugar-cane under and within the meaning of section thirteen or section fourteen or section -eighteen of *"The Sugar Experiment Stations Acts, 1900 :to 1938," grown on lands assigned to a mill " in lieu of the words so repealed. SUPREME COURT. {I) Legal Practitioners Act Amendment Act of 1938 2 Geo. VI. No. 20 {2) Queensland Law Society Acts Amendment Act of 1938 .. 2 Geo. VI. No. 6 An Act to Amend "The Supreme Court Acts, 1861 2 ;:'° 2 6.1. to 1926," and "The Legal Practitioners Pi:c~ ~~~ Act of 1881 ,~ in certain particulars. AME~ : rENT ACT OF 1938. [ASSENTED TO 24TH NOVEMBER, 1938.] 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 the authority of the samt', as follows:- 1. This Act may be cited as" The Legal Practitioners Short title A?t Amendment Act of 1938," and shall be ~ ead together : ~ ~ truction. WIth and deemed part of t" The Legal Pract~ tioners Act of 1881," hereinafter referred to as the Principal Act. This Act shall also be read together with and deemed part of t" The Supreme Oourt Acts, 1861 to 1926." The Principal Act, §" The Legal Practitioners Act. of Collective 1905," and this Act may collectively be cited as "The title. Legal Practitioners Acts, 1881 to 1938." * 64 Vic. No. 17 and amending Acts, supra, pages 3426 et seq. t 45 Vic. No. 5, supra, page 3470. t 25 Vic. No. 13 and amending Acts, supra, pages 3429 et seq. § 5 Edw. VII. No. 10, supra, page 3471.