Tobacco Industry Protection Act of 1965 (Qld)

469 Que r slxnd ANNO QUARTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 37 of 1965 An Act to Consolidate and Amend the Law Relating to the Protection of Tobacco from Diseases and Pests [ASSENTED TO 29TH OCTOBER. 1965] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1) Short title . This Act may be cited as " The Tobacco Industry Protection Act of 1965 ." (2) Cooseoc emest of Act . This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.

470 Tobacco Industr j. Protection Act of 1965, No. 37 2. Severabilitti . This Act including every Proclamation , Order in Council and regulation hereunder shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any such Proclamation , Order in Council, or regulation 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. 3. Repeal of 24 Geo. V No. 30 (1) " The Tobacco Industrj, Protection Act of 1933 " (in this Act called the " repealed Act ") is repealed. (2) Savings . Without limiting the operation of " The Acts Interpretation Acts, 1954 to 1962 "- (a) all proceedings initiated, pending or part heard under the repealed Act shall be continued, if practicable, as if such proceedings had been taken or initiated under this Act, but if it is not practicable so to apply this Act, then such proceedings shall continue according to the provisions of the repealed Act which shall for that purpose be deemed to continue in force notwithstanding the repeal thereof; (b) all inspectors and officers appointed under the repealed Act shall without further or other appointment, be deemed to have been appointed under and for the purposes of this Act; (c) subject to this Act, all regulations made under and pursuant to the provisions of the repealed Act and in force at the commencement of this Act shall continue in force until superseded, amended or repealed by other regulations made under this Act. 4. Interpretation . In this Act, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:- " Bulking "-The operation involved in storing cured tobacco leaf; " Bulking shed "-Any place or building where bulking is or is intended to be carried out; " Curing "-Any operation prior to bulking by which harvested tobacco leaf is further matured or dried or matured and dried; " Curing barn "-Any structure in which curing operations are carried out; " Director-General "-The Director-General of Primary Industries of Queensland : the term includes any person who for the time being is performing the duties of that office; " Disease "-Any disease which the Governor in Council (who is hereby thereunto authorized) declares from time to time by Order in Council to be a disease for the purposes of this Act. The Governor in Council may declare a disease by a description of its symptoms only; " Diseased "-Affected with disease or liable to be affected with disease ; " Fungus "-Any organism which the Governor in Council (who is hereby thereunto authorized) declares to be a fungus for the purposes of this Act. It is immaterial at what stage an organism may be when declared to be a fungus:

Tobacco industry Protection Act of 1965, No. 37 471 " Grading "-The process of sorting cured tobacco leaf into classes according to its quality; " Grading shed "-Any place or building wherein grading is or is intended to be carried out; " Grower "-The person by whom any tobacco is grown: where tobacco is grown by any one or more parties to a share -farming agreement , the term includes each party to that agreement; " Insect "- Any organism which the Governor in Council (who is hereby thereunto authorized ) declares to be an insect for the purposes of this Act. It is immaterial at what stage an organism may be when declared to be an insect; " Inspector "- An inspector appointed or deemed to be appointed under this Act: the term includes an acting inspector and any officer of the Department of Primary Industries appointed from time to time to act as an inspector; " Merchant license "-A merchant license issued under and pursuant to this Act; " Minister "-The Minister for Primary Industries of Queensland or other Minister of the Crown for the time being charged with the administration of this Act: the term includes a Minister of the Crown temporarily performing the duties of the Minister charged with the administration of this Act; " Occupier "-The person in actual occupation of any premises or, if there is no such person , the person entitled to possession thereof; " Owner "- The person other than Her Majesty who for the time being is entitled to receive the rent of any premises or who, if the same were let to a tenant at a rack-rent , would be entitled to receive the rent thereof: the term includes any lessee or licensee from the Crown and, as respects any premises leased by the Commissioner for Railways or the Minister for Industrial Development of Queensland , the lessee of such premises ; " Pest "-Any plant , fungus, insect , or organism which the Governor in Council ( who is hereby thereunto authorized) declares to be a pest for the purposes of this Act; " Premises "-Includes any land, bulking shed , curing barn, grading shed , structure , wharf , jetty, vessel or vehicle; " Quarantine area "-A quarantine area declared pursuant to and for the purposes of this Act; " Sell "-Includes barter or exchange and also includes agreeing to sell or offering or exposing for sale , or keeping or having in possession for sale , or receiving, sending , forwarding, or delivering for or on sale , or authorizing , causing , permitting, suffering , or attempting any of such acts or things; and " sale " has a corresponding meaning; " Tobacco District "-A Tobacco District constituted by the Governor in Council under and for the purposes of this Act:

472 Tobacco Industru Protection Act of 1965, No. 37 " Tobacco leaf "-Leaf of the tobacco plant which has been subjected to- (a) a flue curing process; (h) a sun drying process: (c) an air drying process; or (d) any other curing process; " Tobacco plant "-includes tobacco seedlings, tobacco seed and every part of the tobacco plant; " Tobacco seedlings "-Young tobacco plants prior to their being transplanted into the field; " Volunteer plants "-Tobacco plants not specifically grown for use as seedlings or for the production of tobacco leaf. 5. Administration of Act. This Act shall be administered by the Minister. 6. Officers. (1) The Governor in Council may appoint under and for the purposes of this Act such inspectors and other officers as he deems necessary for the effectual administration of this Act. Appointees as aforesaid shall be appointed and hold their offices under, subject to. and in accordance with " The Public Service Acts, 922 to 1965." (2) An officer of the Public Service may, in addition to the position which he holds therein be appointed an inspector or officer under this Act. (3) Every inspector shall be furnished with a certificate of appointment signed by the Director - General and upon entering any premises shall, if required by the owner or occupier thereof, produce that certificate. 7. Tobacco Districts. The Governor in Council may from time to time by Order in Council- (a) constitute any part of the State to be a Tobacco District ; (h) assign a name or number to any Tobacco District; (c) abolish any Tobacco District; (d) amalgamate two or more Tobacco Districts into one Tobacco District: (e) amend the boundaries of any Tobacco District so as to exclude therefrom any part thereof or to include therein any part of the State which is not included in a Tobacco District; (f) exclude from any Tobacco District any part thereof and define that part to be a Tobacco District or include it in another Tobacco District. 8. Application for merchant license . (1) A person who desires to obtain a merchant license shall lodge an application with the Minister. (2) Such application shall be in writing and shall- (a) be in the prescribed form; (h) state the address of the applicants' principal place of business: (c) contain or be accompanied by such information as may be prescribed; and

Tobacco Industry, Protection Act of 1965 , No. 37 473 (d) be accompanied by the prescribed fee (which shall be refunded by the Minister if the application is refused). (3) If the Minister is satisfied that the applicant is a fit and proper person to be the holder of a merchant license he may issue to the applicant a merchant license in the form prescribed. (4) No merchant license shall be issued to a person under the age of twenty-ore years. 9. Cancellation of merchant license . Where the Minister is satisfied- (a) that since the issue of a merchant license the holder thereof has been convicted of an offence against this Act; (b) that a merchant license was issued erroneously or in consequence of any false document, statement, or representation, or fraudulent document, statement, or misrepresentation; or (c) that the holder of a merchant license is in any other respect or respects not a fit and proper person to continue to hold the license, he may by notice call upon the holder of the merchant license in question to show cause within the time specified in the notice why the Minister should not cancel the license. If the holder of the license fails to show cause within the time specified in the notice or within any extension of the time which the Minister may allow, the Minister may cancel the license. 10. Sale of tobacco seed or seedlings without merchant license. A person shall not sell any tobacco seed or tobacco seedlings unless at the relevant time he is the holder of a merchant license. 11. Re s triction on transfer of tobacco plant , & c., into another district. A person shall not remove any tobacco plant- (a) from a Tobacco District into another Tobacco District; (b) from any part of the State not within a Tobacco District into a Tobacco District; or (c) from a Tobacco District into any part of the State not within a Tobacco District, unless in respect of such removal he has in the case of paragraph (a) obtained the permission in the form prescribed of an inspector stationed in each such Tobacco District and, in the case of paragraphs (b) and (c) obtained the permission in the form prescribed of an inspector stationed in the Tobacco District concerned. 12. Declaration of quarantine area . Where the Governor in Council on the recommendation of the Minister is satisfied- (a) that within a particular area of the State a tobacco crop is diseased or infested with any pest or suspected of being diseased or infested with any pest; and (b) that such disease or pest. suspected disease, or suspected pest should be confined within that area in order to prevent it from endangering other tobacco crops within the State, he may by Order in Council declare that area to be a quarantine area.

474 Tobacco Industry Protection Act of 1965, No. 37 13. Minister may issue directions in quarantine area. (1) The Minister may from time to time issue directions in respect of a quarantine area which in his opinion are necessary or convenient for the control or destruction of any disease , pest or suspected disease or suspected pest. (2) Without limiting the generality of subsection (1) of this section the Minister may direct- (a) that a person shall not remove or cause or permit or allow to be removed or assist or be in any way concerned in the removal of any tobacco plants or tobacco seed from the quarantine area: (b) that the owner or occupier of premises upon which an inspector finds- (i) any tobacco plant; or (ii) any tobacco seed ( including any tobacco plant derived from such seed), which in the opinion of the inspector has been removed from the quarantine area shall destroy such tobacco plant or tobacco seed as, and within the period or before the date, specified by the inspector; (c) that the owner or occupier of any premises within the quarantine area shall, within the period or before the date specified after the service of such direction-- (1) destroy any and every tobacco plant (whether diseased or not) upon such premises.; or (ii) deal with any and every tobacco plant upon such premises in the manner specified in the direction. (3) The Minister may in a direction under this section specify that the direction is limited to the premises specified in the direction. In such case the direction shall have application and effect only with respect to the premises specified therein. (4) The Minister may from time to time amend or revoke any direction made by him under this section. (5) A direction made by the Minister under this section may be- (a) published in the Gazette; or (b) published in any newspaper or newspapers circulating in the quarantine area, and shall take effect from the date of publication and such publication shall be sufficient service of the direction upon every person affected thereby. In the case of any direction which has been published in a newspaper the Minister shall as soon as may be after issuing such direction cause a notification thereof and of the date of the issue thereof by him to be published in the Gazette. (6) Any person who in any respect contravenes or fails to comply with any direction by the Minister under this section, shall be guilty of an offence and shall be liable to a penalty of one hundred pounds or to imprisonment for a term not exceeding six months or to both such penalty and imprisonment.

Tobacco Industry Protection Act of 1965, No. 37 475 14. Powers of inspectors . (1) An inspector may at any time- (a) enter, inspect and examine any premises where there is or where he has reason to believe there is any tobacco plant or tobacco seed; (b) inspect and examine any tobacco plant or tobacco seed found by him upon such entry; (c) inspect and examine any container, package. or parcel found by him upon such entry which contains or which he has reason to believe contains or has contained any tobacco plant or tobacco seed ; (d) call to his aid any person he thinks competent to assist him in any such inspection or examination; (e) question with respect to any matter appertaining to the inspection and examination by him of any premises or any tobacco plant or tobacco seed in or on any premises, the owner or occupier of such premises and any person whom he finds in such premises ; and require any such person to answer the questions put and to sign a declaration of the truth of his answers; (f) order the owner or occupier of any premises within such period or before such date as is specified by the inspector to- (e) destroy any tobacco plant or tobacco seed found on such premises by the inspector which in his opinion is diseased or infested with any pest ; (ii) treat any disease or pest in any tobacco plant or tobacco seed on such premises; (iii) destroy or deal with in the manner specified by the inspector any container , package or parcel which was found by the inspector on such premises and which contains or in the opinion of the inspector contained any tobacco plant or tobacco seed which is or was diseased or infested with any pest, to the satisfaction of the inspector. (2) Where destruction or treatment of or dealing with any article or thing pursuant to this Act is carried out by a person who is in possession of such article as agent or servant of the owner of such article or other person having an interest therein he shall not incur liability for such destruction or treatment to such owner or other person. 15. Dealing with crop residues , &c. An inspector may order that- (a) any tobacco plants from which tobacco leaf has been harvested; (b) any volunteer plants; (c) any tobacco seedlings which in the opinion of the inspector are no longer required or suitable for transplanting, shall be destroyed or dealt with by the owner or occupier of the land on which such tobacco plants, volunteer plants or seedlings were or are growing in the manner and within the time specified by the inspector. 16. Remedies upon default to comply with order. Upon a contravention of or failure to comply with a direction by the Minister under section thirteen or an order by an inspector under sections fourteen or fifteen of this Act an inspector (in the case of such an order whether or not he issued it) with such assistant or assistants, materials and

476 Tobacco loulustrr Protection Act of 1965. No. 37 equipment as he deems necessary may enter upon the premises to which the direction or order relates and do or cause to be done such acts as, in the opinion of the inspector, are necessary to fully comply with the direction or order, whereupon the person who contravened or failed to comply with the direction or order shall be liable (and, in the case of more than one such person, jointly and severally liable) to pay to the Director-General the expenses reasonably incurred by the inspector in effecting such compliance and such expenses together with costs may be recovered as a debt at the suit of an inspector or officer of the Department of Primary Industries in any court of competent jurisdiction or by wa` of complaint under " The Justices Acts, 1886 to 1964." This section applies whether or not a prosecution in respect of the contravention or failure in question has been instituted or is proceeding: Provided that the proNisions of this section or the recovery of an' expense,, or coats nur;uant hereto shall not affect the liability of the person concerned to be prosecuted and penalized for his contravention of or failure to comply in any respect with such an order: Provided further that where the person to whom such a direction or order was directed. was engaged or employed as an agent to carry the thing or matter the subject of the order, such agent may recover by action in any court of competent jurisdiction from his principal or. as the case may be, principals the costs and expenses incurred by him in complying with such direction or order. 17. Compensation. (1) Except as provided in this section compensation shall not be payable in respect of the destruction pursuant to this Act of any tobacco plant. (2) The owner of any tobacco plant destroyed pursuant to a direction made by the Minister under paragraph (c) of subsection (2) of section thirteen of this Act may submit a claim for compensation in respect of such destruction to the Minister. The Minister may pay to the claimant such amount of compensation as may be agreed upon between the claimant and the Minister. (3) Where the Minister and the claimant fail to reach agreement in respect of such compensation, the Minister shall submit the claim of the claimant to an arbitrator chosen by the Minister. The arbitrator shall not allow compensation in respect of any tobacco plant unless the claimant proves to his satisfaction that immediate!,, prior to itc destruction such plant was free from disease or.. as the case ma' be. was not being attacked by any pest. if the arbitrator is of opinion that compensation should be paid he shall report his findings to the Minister accompanied by a recommendation as to the amount of compensation that should be paid. The Ministei shall, upon receiving the report of the arbitration on the claim. pay to the claimant the amount of compensation as recommended by the arbitrator. The decision of the arbitrator shall be final.

Tobacco ludus!ry Protection Aci ni 96`. No. 3" 477 18. Obstructing an inspector . (1) A person shall not- (a) assault, resist, or obstruct an inspector in the exercise of his powers or in the discharge of his duties under this Act, or attempt so to do; or (h) fail to answer any question put to him in pursuance of this Act by an inspector or give any false or misleading answer to any such question; or (c) directly or indirectly prevent any person from appearing before or being questioned by an inspector, or attempt so to do: or (d) use any threat or any abusive or insulting language to any inspector with respect to any inspection or examination or questioning: Provided that a person shall not be required under any provision of this Act to answer any question or give any information tending to incriminate himself. (2) A person who contravenes any provision of this section shall be guilty of an offence and liable to a penalty of not more than one hundred pounds. 19. Service of orders , &c. (1) A notice or order shall be duly served for the purposes of this Act if it has been- (a) served personally on the person on whom it is required to be served; or (b) left at or sent by prepaid post to the place of abode or place of business of that person last known to the Director-General. (2) 1f- (a) any person required to be served for the purposes of this Act with a notice or order is absent from the State or cannot be found or his place of abode or business cannot be ascertained after diligent inquiry; or (b) in the case of a body corporate the place of business of that body corporate cannot be found after diligent inquiry, the notice or order shall be deemed to be duly served if it is affixed at some conspicuous point of the land to which it relates. 20. Evidentiary provisions. In any proceeding under and for the purposes of this Act- (a) it shall not be necessary to prove the appointment of any inspector; (b) a signature purporting to be that of any inspector shall be taken to be the signature it purports to be until the contrary is proved; (c) a document certified under the hand of an inspector and purporting to be a duplicate or a copy of an order made under this Act shall, upon its production in evidence, and until the contrary is proved, be sufficient evidence of that order;

478 Tobacco Industry Protection Act of 1965, No. 37 (d) it shall not be necessary to prove the authority of a person authorized by the Minister to take any proceedings; (e) the averment in any complaint of the date upon which the commission of any offence came to the knowledge of the complainant shall, until the contrary is proved, be sufficient evidence of such matter; (f) judicial notice shall be taken of any direction made by the Minister under this Act and published in the Gazette and such publication shall be conclusive evidence of the matter contained therein. 21. Limitation of liability . No act, matter, thing, recommendation. direction, order or decision done or made in good faith by-- (a) the Minister; (b) any inspector; or (c) any officer of the Department of Primary Industries, for the purpose of carrying out or giving effect to this Act, shall subject them or any of them to any action, liability, claim or demand. 22. Offences . (1) Any person who contravenes or fails to comply with any provision of this Act, or of any direction by the Minister or order by an inspector under this Act, commits an offence against this Act and is liable, if a specific penalty is not otherwise prescribed for that offence, to a penalty of one hundred pounds. (2) Any person who after being convicted of an offence against this Act continues in the contravention or failure to comply for which he has been so convicted commits an offence which shall be deemed to be a continuing offence (whether or not any date by which compliance with this Act was required to be effected has passed) and shall be liable to a penalty of ten pounds for each day during which such offence continues. (3) A prosecution for an offence against this Act may be taken by way of summary proceeding under " The Justices Acts, 1886 to 1964," upon the complaint of any person thereunto authorized in writing by the Minister. (4) A prosecution for an offence against this Act may be instituted at any time within twelve months after the commission of the offence or within six months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period. 23. Regulations . (1) The Governor in Council may from time to time make regulations not inconsistent with this Act providing for all or any purposes, whether general or to meet particular cases, that may be necessary or convenient for the administration of this Act or for achieving or better achieving the objects and Purposes of this Act.

Tobacco Industry Protection Act o1' 1965, No. 37 479 (2) Without limiting the generality of the provisions of subsection (1) of this section, regulations may be made for or in respect of all or any of the following purposes, matters, and things, that is to say:- (a) providing for the administration of quarantine areas including the appointment of places of entry and generally any matter or thing necessary or convenient to give full effect to directions made by the Minister in respect of quarantine areas; (b) defining the period or periods of the year during which tobacco seed may not be sown or seedlings transplanted in any Tobacco District or any part of any Tobacco District: empowering the Minister from time to time to grant exemptions (to such persons as may be specified) in respect of such periods and on such condition or conditions as he thinks fit; (c) prescribing the varieties of tobacco which may be grown in any Tobacco District or any defined part of a Tobacco District and prohibiting the growing in such district or part, of any variety of tobacco other than a variety so prescribed ; (d) prescribing any matters (in addition to those contained in this Act) necessary or convenient to be prescribed for destruction of disease and pests and for the prevention of disease and the growth of pests; (e) prescribing the method of treatment of tobacco plants, tobacco leaf and tobacco seed; (f) (where seed is required for purposes of planting) prescribing the conditions under which seed or seedlings for sale may be produced or grown; (g) prescribing the manner of making claims for compensation under this Act and providing for all or any matters relating to the hearing by arbitration of such claims; (h) prescribing any matter or thing required or permitted by this Act to be prescribed excepting such a matter or thing so required to be prescribed otherwise than by regulation; (i) prescribing penalties, but not exceeding in any case one hundred pounds, for any contravention of or failure to comply with a regulation. (3) Regulations may be made on the passing of this Act. 24. Publication of Proclamations , Orders in Conecil and regulation. (1) Every Proclamation, Order in Council and regulation made under this Act shall- (a) be published in the Gazette; (b) upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (c) take effect from the date of such publication unless in the case of any regulation, a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date; and

480 Tobacco Industry Frotection Act of 1965, No. 37 (d) be laid before the Legislative Assembly within fourteen sitting days after such publication, if the Legislative Assembly is in session , and if not, then within fourteen sitting days after the commencement of the next session. (21 If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation, Order in Council, or regulation has been laid before it disallowing the same or part thereof, that Proclamation, Order in Council, regulation or part shall thereupon cease to have effect , but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation, Order in Council or regulation. 25. Inaccurate iaeription. No misnomer , inaccurate description, or omission in or from any Proclamation, Order in Council, regulation, order, or other act of authority under this Act shall in any wise prevent or abridge the operation of this Act with respect to the subject-matter of that Proclamation, Order in Council, regulation , order, or other act of authority provided the same is designated so as to be understood.