Tobacco Industry Protection Act of 1933 (24 Geo v No. 30) (Qld)

TOBACCO. 24 GEO. V. No. 30, 1933. Tobacco Industry Protection Act. 14755 TOBACCO. An Act to Make Better Provision for the Protection 24 Geo. V. No. 30. of the Tobacco Industry of Queensland, and THE for other purposes. TOBAOOO INDUSTRY PROTEOTION [ASSENTED TO 18TH DECEMBER, 1933.] AOT OF 1933. 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:- 1. (1.) This Act may be cited as "The Tobacco Sh~ rt title Industry Protection Act of 1933," and shall come into ~ ~ !menee­ operation on a date to be proclaimed by the Governor ment. in Council by Proclamation published in the Gazette, which date is hereinafter referred to as the commencement of this Act. (2.) This Act, where necessary, shall be read and Construe· construed with *" The D1~ seases £n Plants Act, of 1929." tion. 2. In this Act, unless the context or subject- Interpreta- matter otherwise indicates or requires, the following tion. terms have the meanings respectively assigned to them, that is to say:- "Bulking"·-The operations involved in the Bulking. storing of cured tobacco leaf; '* "Bulking shed"-Any place or building where Bulking bulking operations are carried out; shed. "Curing"--Any operation hy which harvested Curing. tobacco leaf js further matured and/or dried; H Curing barn"-Any structure in which curing Curing barn. operations are carried out; " Disease"-Any disease affecting tobacco caused Disease. by or consisting of the presence of any insect or fungus, and any other disease affecting tobacco 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 * 20 Geo. V. No. 11, supra, page 12391. R

14756 Diseased. District. Fungus. Grading. Grading shed. Growel'. Insect. Inspector. Introduced. TOBACCO. Tobacco Industry Protection Act. 24 GEO. V. No. 30. of the above definition, the term may include the presence of suspicious symptoms which r 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"-Affected with disease or liable, by reason of having been in contact, to be affected with disease; " District "-A district constituted and declared by Order in Council under and for the purposes of this Act; "Fungus"-Any fungus, virus, or vegetable parasite which the Governor in Council. from time to time by Order in Council, declares to be a fungus within the meaning of this Act, in whatever stage of existence such fungus, virus, or vegetable parasite may be; "Grading"-The operation of sorting cured tobacco leaf into classes according to its quality; " Grading shed"-Any place or building wherein grading operations are carried out; "Grower"-The person by whom tobacco is or was grown: where tobacco is or was grown pursuant to any share-farming agreement the term includes the parties to such agreeIr4ent ; " Insect"-Any insect which the Governor in Council, from time to time by Order in Council, deelares to be an insect within the meaning of 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"-An inspector appointed under this Act: the term includes an officer exercising for the time being the functions of an inspector; " Introduced" (used with respect to any tobacco plant or any part thereof or any tobacco seed)-Brought into this S~ ate from any place outside this State: and" introduction" -has -the correlative meaning;

TOBACCO. 14757 1933. Tobacco Ind1lstry Protection Act. "Merchant"-Any person, other than a grower, Merchant who traffics in tobacco seed; " Minister"- The Secretary for Agriculture and Minister. Stock or other Minister of the Crown for the time being administering this Act; "Occupier"-The person who by any written Occupier. agreement is in actual occupation of any land, premises, or place, or if there is no such person then the person who by written agreement is entitled to possession thereof: provided that when in the opinion of an inspector there is no person by reason of a written agreement in actual occupation of any land, premises, or place for a period of three months then the owner shall be deemed to be the occupier; " Owner"-The person, other than His Majesty, Owner. who is for the time being entitled to receive the rent of any 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; (6 Person" includes any partnership or firm, Person. and any body of persons corporate or unincorporate; " Pest"-Any plant, insect, or fungus which the Post. Governor in Council from time to time by Order in Council declares to be a pest within the meaning of this Act; " Prescribed "-Prescribed by this Act; Prescribed'. "Quarantine area"-Any land dedared as and Quarantine- defined a quarantine area pursuant to this area. Act for the purpose of the more effectual control of disease or pest; "Regulations"-Regulations made under this Regulations. Act; " Sale" includes barter and exchange: and" sell " Sale. has the correlative meaning; "This Act"- This Act and all Proclamations, This Act. Orders in Council, and regulations made thereunder;

14758 Tobacco leaf. Tobacco plant. Tobacco seedlings. Under Secretary. TOBACCO. Tobacco Industry Protection Act. 24 GEO. V. No. 30, " Tobacco leaf "-Leaf of the tobacco plant which has been subjected to a fiue-curing or sun or air-drying or other curing process ; "Tobacco plant" includes every part of such plant; " Tobacco seedlings"-Young tobacco plants prior to their being transplanted in the field; "Under Secretary"-The Under Secretary to the Department of Agriculture and Stock. Appoint. ment of inspectors, &c. Admin1:stration. 3. The Governor in Council may from time to time appoint inspectors and such other officers as are deemed necessary for the effectual execution of this Act. Districts. 4. The Governor in Council may from time to time by Order in Council- (a) Constitute any part of the State a district for the purposes of this Act. (b) Alter the boundaries of any such district. (c) Abolish any such district. Registration. Registration 5. After the commencement of this Act no person ~ ~ ~ ~ ~ c: ers of shall grow any tobacco plants within the State unless plants. he is registered as prescribed. Such registration shall be effected on or before the first day of August in each year, or such other date as may be prescribed. No fee shall be payable in respect of such registration. Any person who contravenes the provisions of this section shall be liable to a penalty not exceeding ten pounds. ir~ : : ro! o 6. The Minister may refuse to grant or renew l'@fuse to registration to any person for the following reason, grant or namely :-When any grower or person concerned has rreengeiswtration. re f use d or neg 1 ec t e d to carry out any . Instru . ctIOn issued to him by an officer of the Department of Agriculture and Stock with the object of controlling pests and diseases.

TOBACCO. 14759 ]933. Tobacco Industry Protection Act. 7. After the commencement of this Act no person Seller of shall sell or otherwise dispose of within the State any tob:cco seed seed of the tobacco plant unless he is registered and ti~ en~ ed. licensed as a person authorised as prescribed so to sell or otherwise dispose of such seed. Any grower who raises tobacco plants for the purpose of selling or otherwise disposing of the same or the seed thereof within the State shall be deemed to be an occupier or owner of a nursery under *" The Diseases in Plants Act of 1929." Any person who contravenes the provisions of this section shall be liable to a penalty not exceeding twenty pounds. 8. Application for registration or the renewal ApplicatiolUl thereof as required under section seven of this Act shall for. . be lodged with the Under Secretary as shown hereunder, ~ ' : d! ~ r: ~ 1~ 1 or at such other times as may be prescribed- (a) In the case of a merchant, on or before the first day of August in each year. (b) In the case of a grower, within a period of sixty days from the date of planting in the field of the seedlings from which it is intended to harvest seed. 9 In the case of a tobacco-grower who desires to Power of sell seed, registration may be refused by the Minister Mmister to for any of the following reasons :_ ~ : f~ : O (a) Where the locality concerned is known to be to~ co. I . II fest ed W.Ith pests or dI' seaSe. gdreoswirienrg to (b) Where the grower has not been approved sell seed. for the purpose of raising tobacco seed for sale. 10. Without limiting the generality of the Pure Seed provisions contained in section four of this Act, districts Districtll. of the State may be constituted under that section, to be called "Pure Seed Districts," and upon the constitution of any such district the following provisions shall be applicable and shall remain in force so long as such district remains a Pure Seed District:- (a) No person shall plant any tobacco seed and/or tobacco seedlings within such district save and except tobacco seed and/or tobacco seedlings approved by the Minister; and * 20 Gtlo. V. No. 11, supra, page 12391. t Sic in Gazette; semble "B. 7."

14760 TOBACCO. Tobacco Ind~ tstry Protection Act. 24 GEO. V. No. 30, ---- - - - -- - - ~ - ~ - (b) An inspector shall be empowered to order the destruction of any tobacco crop within a Pure Seed District derived from seed and/or seedlings not approved by the Minister, and in the event of failure to comply with such order within seven days he may cause the crop to be destroyed at the expense of the occupier, or where there is no occupier then the owner; and (c) Any person who contravenes any of the provisions of this section shall be liable to a penalty not exceeding fifty pounds, and the crop of tobacco seed or leaf so produced may be forfeited to His Majesty by order of the court before which the offence is proved. Prevention 11. The Governor in Council may from time to ' pOof wdiesresaosfe; time, by Order in Council, declare- Oovernor in Council. (i.) Any disease affecting tobacco plants, tobacco leaf, or tobacco seed 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. (ii.) Any plant, fungus, or insect to be a pest in any district, and that such pest shall be dealt with as prescribed. (iii.) Any part of Queensland to be a quarantine area, with such boundaries as he thinks necessary. (iv.) Require the inspection and disinfection of introduced tobacco plants, tobacco leaf, or tobacco seed as and when prescribed, and direct that if any such are diseased the same shall be dealt with under this Act. (v.) The period of the year in which the sowing of tobacco seed or the planting of tobacco shall be prohibited in any district or part of a district. Powers of 12. The Minister may require that any tobacco ~ i~ i:te~ as d seed and/or tobacco seedlings introduced into s~ ~ ~ ~ ~ uce Queensland from another State shall be accompanied seedlings. by a certificate issued by the Department of Agriculture

TOBACCO. 14761 1933. Tobacco Industry Protection Act. of that State certifying that the seed and/or seedlings was or were derived from a crop or seed bed the plants of which were free of disease. 13. No person shall introduce or cause to be Prohibition introduced into Queensland any fungus, insect, plant, °dnuo ~ tI t O r n o- 0 f or vegetable harmful to the tobacco plant or contrary fungus, &0. to this Act. 14. After the date of the commencement of this Approval re Act no person shall transfer any tobacco seed and/or transfer. tobacco seedlings from one proclaimed Tobacco District to another proclaimed Tobacco District except with the approval of the Minister. Any person who contravenes the provisions of this section shall be liable to a penalty not exceeding fifty pounds. 15. Every grower who observes any disease in Report by growing tobacco or any affection in growing tobacco g:ower of which is likely to be detrimental thereto shall, before dIsease. the expiration of one week from the time of his discovering the fact, give written notice thereof to the Under Secretary. 16. The Minister, on being satisfied that any Quarantine.· tobacco crop or tobacco crops is or are diseased or suspected to be diseased, may define the boundaries of the area within which such crop or crops is or are growing and place it in quarantine, and may determine the nature of the quarantine to be imposed in such area. Such quarantine shall continue until such area hars been released therefrom by an order of the Minister. 17. Any person who removes, or causes to be Penalties on removed, or assists or in any way is concerned in removing removal, &0. any tobacco plants or tobacco seed beyond a quarantine area unless authorised bv the Minister, shall be liable to a penalty not exceedingfifty pounds. 18. The Minister may order the destruction of P~ w.ers of all or any tobacco seed or tobacco plants within a oMrdmelrster to quarantine area, whether such tobacco seed or tobacco destruction. plants are diseased or otherwise, or may prescribe other treatment thereof as he may think fit.

14762 TOBACCO. Tobacco Industry Protection Act. 24 GEO. V. No. 30. ao D s u c t ct i uo e p ~ ieor, f& <'. OCCU 1 p 9 • Ie . r t (1 h . e ) nEtvheeryowoncIecru) poidefr a(nor uwsehdere' ID tthheeregriosw. mnog ufro~ ting of of tobacco plants shall, within one calendar month after p an s. the leaf has been harvested from the plants growing on such land, uproot the whole of the plants on such land and destroy such plants in a manner to be prescribed. (2.) \Vhere an area of land is comprised of two or more contiguous paddocks in the occupation of the same person or belonging to the same owner, the uprooting and destruction of the plants shall be effected within one calendar month after the leaf has been harvested from each individual paddock. (3.) Where there have been plantings at separate intervals in different parts of the one area, the uprooting and destruction of the plants shall be effected within one calendar month after the harvesting of the leaf from each separate planting. (4.) An inspector may enter upon any land upon which tobacco plants are present and have not been dealt with as prescribed and cause the same to be uprooted and/or destroyed at the expense of the occupier, or where there is no occupier then the owner. (5.) Any person failing to comply with the provisions of this section shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding fifty pounds. Further powers as to pests. 20.- (a) Every pest and all diseased tobacco plants or diseased tobacco seed introduced into Queensland contrary to this Act; and (b) Every package harbouring, infested by, or containing any such pest, diseased tobacco plant, or diseased tobacco seed, 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 inspection. 21. An inspector may at any time, with or without I'tssistants- (i.) Without notice enter upon any land, curing barn, bulking shed, grading shed, building, structure, place, ship, vessel, or vehicle. to

TOBACCO. 14763 Tobacco Industry Protection Act. inspect the same or any tobacco plants, tobacco leaf, or tobacco seed growing or being thereon or suspected so to be, or any package suspected to contain or harbour or be infested by any diseased tobacco plants, tobacco leaf, or tobacco seed, or any pest, and to carry out any order of the Minister or of an inspector (whether made by himself or any other inspector) if the owner has refused or neglected so to do. ( ii~ ) Examine any tobacco plant, tobacco leaf, tobacco seed, or package, and order to be treated any diseased plant, tobacco leaf, tobacco seed, or package. (iii.) Order the destruction of diseased tobacco plants, tobacco leaf, or tobacco seed. 22. (1.) 'Vhen any inspector finds upon any land Further any tobacco plant which is diseased he mav issue anpowerstoof order to the occupier, or if there is no occupier then to =~~ f r; the owner of such land, directing him to take, within a order. time after the service of such order to be therein stated, all such measures· for the eradication of such disease therein as are in his opinion necessary and as are set forth iI,l. such order, or as are prescribed for the treatment of such disease. (2.) And when in the opinion of the inspector such disease cannot be eradicated otherwise than by the destruction of the plants, and also when it is in his opinion necessary for the prevention of the spread of any disease that any plants which are not affected thereby should be destroyed, he shall report the fact to the Minister, who may thereupon issue an order to the occupier, or if there is no occupier then to the owner of the land whereon such plants are, directing him to destroy such plants within a time after the service of such order to be therein stated and in such maImer as is thereby directed or as is prescribed. 23. When any inspector finds upon any land any Powers of pest he shall issue an order to the occupier, or if there is inspector as no occupI.er t hen to t he owner 0 f such 1and, dt' rect'mg to pests. him, within a time to be stated in such order, to destroy such pest.

14764 TOBACCO. Tobacco Indtlstry Protection Act. 24 GEO. V. No. 30, Failure to. 24. If any owner or occupier or person apparently ~ ~de~~ Y wlth in charge of any land, premises, or place, whether within or without a quarantine area, fails to comply with the directions contained in any Order in Council or 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; and the provisions of section twenty-five shall, mutatis mutandis, apply accordingly. Costs 25. The amount of any costs, charges, and expenses, charges, and together with interest at the prescribed rate, incurred by expenses. any inspector in or about taking such measures as are prescribed shall, in addition to or in lieu of any proceedings for the recovery of a penalty, 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 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. Occupier primarily liable. 26. No proceedings shall, unless the Minister other- wise directs, be taken against any owner of land for failing to comply with any notice or order to eradicate disease from or destroy pests upon such land until the provisions of this Act have been enforced against the occupier, if any, of such land where such disease or pests has or have been found. Evidence. 27. In any proceeding under or for the purposes of this Act- (a) The production of any order purporting to be signed by the Minister or by the Under Secretary or by any inspector, 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 and that it was duly signed by the person by whom it purported to be signed. (b) Any direction or other document in writing purporting to be signed by the Minister or the Under Secretary, and any telegram

TOBACCO. 14765 1933. TobaccO'Ind'llstry PrO'tectiO'n Act. -- .. - ~ ~ - ~ -- . ~- - ~ - - -- ~ - ~- ~ -~ - ~ ~ ~ - ~ - ~ - - - - - - - - purporting to be a demand or authority under this Act or any Order in Council made under this Act shall be judicially noticed. (c) 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 take any proceeding. , I . nto 2 ag 8 r . eeTmheentMs ionrismtear k emaayrr,anfrgoemmetnitms eWt . Ito h tgirmoew, eresn f toerr pAaslgotrtoes, etm& esectn. ts the planting and cultivating of and the production and harvesting from test plots of different varieties of tobacco for the purpose of enabling investigations to be made with respect to the most suitable varieties and the promotion of the tobacco industry generally. Any such agreement 01' arrangement may make provision for payment or other consideration to be made or given to such growers in respect of the whole or any part of the costs and expenses incurred in planting, cultivating, harvesting, and otherwise dealing with such test plots and the produce thereof. 29. If there is no occupier of any land and the Service of owner thereof is absent from the State, service of any documents. document under this Act may be made by delivery thereof to the recognised agent (if any) of such owner in Queensland. If there is no such recognised agent of the owner or if the owner is unknown, service of any such document may be made by affixing the same in some conspicuous place upon such land and by the publication of a copy thereof in some newspaper circulating in the neighbour- hood thereof. It shall not be necessary to specify in any such document the name of any person as the owner of any land the owner of which is unknown. The court may, if satisfied that there is no occupier of such land and that the owner thereof is absent from Queensland or is unknown, proceed to hear and adjudicate upon any complaint ex parte, and in such case the expenses of any such proceeding ordered to be paid by the defendant shall until paid be and remain a first charge on such land and payable by the owner thereof for the time being.

14766 TOBACCO. Tobacco Industry Protection Act. 24 GEO. V. No. 30, Inspector not trespasser. 30. (1.) No inspector, and no person acting under the direction or order of an inspector, shall be deemed to be a trespasser by reason of any entry or destruction under or purporting to be under this Act, or be liable for any damages occasioned by the carrying out of this Act or purporting so to be, unless the same were occasioned maliciously and without reasonable or probable cause. (2.) No action shall be brought against any person acting in the execution of this Act for anything done or purporting to be done thereunder unless the same is commenced within four months after the act complained of has been committed. General penalty. 31. (1.) Every person shall be guilty of an offence 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 given in pursuance thereof. (2.) If any person is guilty of an offence against this Act for which no other penalty is provided, he shall be liable to a penalty not exceeding twenty pounds. (3.) All penalties incurred for any offence against 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 adjudicating court may adjudge the defendant to pay to the prosecutor all proper expenses of the prosecution, and may in its discretion order the forfeiture of all or any part of any tobacco leaf or tobacco seed with respect. to which the offence was committed, or of the value i thereof. .Regulations. 32. (1.) The Governor in Council may from time tOI time make all such regulations as he deems necessary for carrying out this Act. Without limiting the generality * 50 Vje. No. 17 and amendjng Acts, supra, pages 1132 et Beq.

TOBACCO. 1933. Tobacco Industry Protection Act. of this provision, regulations may be made for all or any of the following purposes, namely:- (1) The registration of growers of tobacco; the date on or before which registration shall be effected; the conditions upon which registra- tions may be granted, suspended, or revoked. (2) The registration of sellers of tobacco seed and/or tobacco seedlings; the conditions upon which registrations may be granted, suspended, or revoked. (3) For facilitating and authenticating the observance of the provisions of this Act, and generally for carrying such provisions into full effect. (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) Defining the periods of the year during which tobacco may not be planted in any district or part thereof. (6) Prescribing the varieties of tobacco which may be grown in any Pure Seed District. (7) Defining the boundaries of districts and Pure Seed Districts. (8). Securing the detention, examination, and destruction of tobacco plants, tobacco leaf, and tobacco seeds which are diseased, and of packages which are suspected to contain diseased plants, tobacco leaf, tobacco seed, or pests or to harbour or to be infested by pests. (9) Securing the effectual treatment of diseased plants or seed and the effectual destruction of pests. (10) Method of treatment, by fumigation or other treatment, of tobacco plants, tobacco leaf, or tobacco seed. 14767

14768 TOBACCO. Tobacco Industry Protection Act. 24 GEO. V. No. 30, 1933'. (ll) In cases where tobacco seed is or may be required for planting purposes, prescribing the necessary precautions to be taken at all times with respect to the tobacco plant and the tobacco seed in order to maintain the purity of such seed. (12) Defining the duties of inspectors under this Act. (13) Prescribing penalties not exceeding fifty pounds for the breach of any regulations. (14) All matters required or permitted by this Act to be prescribed. (15) Generally to gjve full effect to the objects and purposes of this Act and for the efficient administration thereof. (2.) Regulations may be made on the passing of this Act. Proclama. 33. All Proclamations, Orders in Council, and ~ ions, Or~ ers regulations made or purporting to have been made under ~~ ~ ~; ~ t~ . this Act, upon being published in the Gazette, shall have tions. the same force and effect as if they were enacted in this Act and shall be judicially noticed, and their validity shall not be questioned in any proceedings whatever. Such Proclamations, Orders in Council, and regula- tions shall be laid before the Legislative Assembly within fourteen days after such publication if Parliament is in session; or, if not, then within fourteen days after the commencement of the next session. If the Legislative Assembly passes a resolution disallowing any such Order in Council or regulation, of which resolution notice has been given at any time within fourteen sitting days after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. TRADE COUPONS. See MERCANTILE.