Trade Coupons Act of 1933 (24 Geo v No. 8) (Qld)

MEDICAL-MERCANTILE. 24 GEO. V. No. 8,1933. Trade Ooupons Act. 14691 PART VII.- GENERAL. whether as a member or registrar or officer of any Board to which this Act refers by reason of the passing of and operation of this Act. 44. No act or proceeding purporting to be When acts authorised by any Board under this Act shall be held ~ ~~i~a; ~id. to be invalid by reason that any such Board was not properly constituted, or by reason of any invalidity or irregularity in the appointment of any member or members of any Board or the registrar concerned. MEDICINES, VETERINARY. See VETERINARY MEDICINES. MERCANTILE. An Act to Prohibit the Use ofTrade Coupons, and for 24 Gao. v. other purposes. N;~:. TRADE [ASSENTED TO 11TH OCTOBER, 1933.] COUPONS 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 Queenslandin Parliament assembled, and by the authority of the same, as follows:- 1. (1.) This Act may be cited as "The Trade Short title C oupons A c t O . J f 1933 • " amnedncceomrne· nt (2.) *This Act shall come into force on a date to be of Act. proclaimed by the Governor in Council by Proclamation published in the Gazette, which date is hereinafter referred to as the commencement of this Act. 2. t" The Trade Coupons Act of 1912 " is repealed: Repeal of Provided that without limiting the operation of ~ ~ ef4. V. t" The Acts Shortening Acts," all matters and proceedings commenced under the said repealed Act and pending or in progress at the commencement of this Act may be continued, completed, and enforced under this Act. * Act proclaimed to come into force as from 1st January, 1934 (Gazette, 16th December, 1933, page 1490). t 3 Gao. v. No. 14, Bupra, page 5667. t 31 Vic. No. 6 and amending Acts, Bupra, page 15. N

14692 MERCANTILE. Trade Coupons Act. 24 GEO. V. No. 8, Interpreta. tion. Goods. 3. In this Act, unless lihe context otherwise indicates, the following terms have the meanings respectively assigned to them, that is to say :- " Goods" includes goods and wares: and also includes trade coupons or any tickets, checks, tokens, documents, or orders directly or indirectly authorising or entitling any person to travel by railway, tramway, boat, or conveyance, or to obtain meals or refresh- ments, or to play or take part in any indoor or outdoor game or sport, or to be admitted into any theatre, concert-hall, racecourse, cricket or football ground, circus, or place of public amusement or entertainment, or to obtain or receive any valuable consideration or benefit or advantage of any kind whatsoever, whether of the same kind as aforesaid or not; Sale. "Sale" includes the exchange, barter, hire, or other disposal of any property: and without limiting the generality of this definition, also includes offering or attempting to sell or exposing for sale, or receiving for sale or sending, forwarding, or delivering for. sale: and the words "sell," "sold," and other derivatives have correlative meanings; Person. "Person"-Any company, partnership, or firm, and any body of persons corporate or unincorporate, or any individual person; Trader. " Trader"-Any person carrying on any business; Trade coupon. "Trade coupon"-Any stamp, coupon, ticket, cover or portion of cover, wrapper, package paper, document, means, or device issued or supplied by any trading stamp company, or issued or supplied by any trader upon or in connection with the sale of or advertising of any goods, or with or in connection with any advertisement of any trader relating to any goods or the sale of any goods which, or any part of which- (a) Authorises or entitles the holder thereof or person producing the same, or any number or combination of the same, to demand and receive, or purports to promise

MERCANTILE. 14693 1933. Trade Coupons Act. that such person will or may receive, from any trading stamp company (whether the company which issued or supplied the same or not) or from any person, firm, or company other than the said trader, any money or goods; or (b) Authorises or entitles the holder thereof or person producing the same, or any number or combination of the same, to demand and receive, or purports to promise that such person will or may receive, from the said trader any money or any goods free of cost or at any reduced or alleged reduced price; "Traodrincgomsptaamnyp wcho 0 moprawnyh l " ' C - hAI. nsysuepserosronsu, pfpir]l. meS, csTtoramamdpipanngy. any trade coupon to any trader and, either directly or by implication, undertakes or promises to redeem the same, or that the same will be redeemed by giving or delivering to the holder thereof or person producing the same, or any number or combination of the same, any money or goods; " Minister"-The Attorney-General or other M;nister. Minister of the Crown for the time being charged with the administration of this Act; " Prescribed"-Prescribed by this Act; Prescribed. "Regulations"-Regulations made under the Regulations. a,uthority of this Act ; " This Act" -.-This Act and all regulations made This Act. thereunder. 4. (1.) No person shall, on the sale of or in Trade connection with the sale, free distribution, or advertising caOObuPIl.oshnesd. . of any goods-· (a) Issue or deliver with or about such goods, or any advertisement of any goods, any trade coupon to any person; (b) Issue or deliver goods, or any of them, containing or having affixed or attached thereto, or accompanied by any promise or offer, or what purports to promise or offer or represent (and whether such promise or offer or what purports to promise or offer

14694 MERCANTILE. Trade Cotlpons Act. 24 GEJO. V. No. 8, Saving as to discount. or represent is in writing or not), that the purchaser or any other person shall be entitled to or will receive any refund, gift, allowance, reward, valuable consideration, benefit, or advantage of any kind whatsoever dependent on the purchase of goods or of any quantity thereof, or entitling the purchaser or any other person to participate in any competition for any refund, gift, allowance, reward, valuable consideration, benefit, or advantage of any kind whatsoever: Provided that this subsection shall not prevent a trader from paying or from promising, offering, or representing that such trader will pay to any person who purchases goods from such trader a discount payable in cash and not otherwise calculated on the price paid or payable by such purchaser to such trader for goods so purchased: Provided that no trader shall, in respect of discount, base the giving or refusing of such discount on the amount of the goods sold. Advertising (2.) No person shall advertise any trade coupon in ctroaudpeon any newspaper, leaflet, handbill, or other printed, prohibikd. typed, cyclostyled, or written matter, or on any hoarding or sign or in any other manner howsoever. Printing (3.) No person shall print, publish, or exhibit, or advertise· ment of cause to be printed, published, or exhibited, any p tr r a o dh~ 1 bc l . t o e udP . on aandvyertrtiasdeemecnotupcoonn. cerning or . in any manner relating to Giving (4.) No person shall directly or indirectly give or gmooondesyoonr deliver any money or goods on presentation or production presentation of or in exchange for any trade coupon. or produc- tion of trade coupon prohibited. Who deemed (5.) For the purposes of this section, the person epfefrescotning the on whose behalf any sale or free distribution of goods is sale or made by an agent, assistant, or apprentice shall be distribution. deemed to be the person who effected the sale or distribution; and such agent, assistant, or apprentice shall also be liable to the same penalty as the person on whose behalf the sale or distribution was made.

MEROANTILE. 14695 1933. Trade Coupons Act. (6.) For the purposes of this section any agent or Agency in representative in Queensland of any person not resident Queensland. in Queensland shall be subject to the same liabilities under this Act, including any penalty thereunder, as his principal would be subject to if resident in Queensland. (7.) Nothing herein shall debar any seller of goods Saving in from issuing therewith or in connection therewith a ~ esp: t. of t statement that in the event of insufficient quantity or ~ ~ ~ ~ tf; ; ~ r defective quality a total or partial refund of the purchase- ~~~ ~!~ ~e money may be allowed. (8.) Any person who contravenes the provisions Penalty. of this section shall be liable to a penalty not exceeding fifty pounds. 5. (1.) All proceedings in respect of offences against Offences. this Act shall be heard and determined in a summary way on complaint under *" The Justices Acts, 1886 to 1932." (2.) Where any offence against any of the provisions.offence by of this Act is committed by a corporation or company, company. the chairman of directors or manager or other governing officer, by whatever name called, of such corporation or company shall be liable to the punishment provided by this Act for such offence, unless the person charged proves that such offence was committed without his knowledge or connivance and without any negligence on his part. (3.) A-o-y proceedings may be had and taken against Enforcement any offender- of Act. (a) By any member of the Police Force; or (b) By any person authorised in that behalf by the Minister; or (c) By any person making or laying the complaint. 6. (1.) The allegation in any complaint for an Evidence. offence against this Act- (a) That any stamp, coupon, ticket, cover, or portion of cover, wrapper, package paper, document, means, or device is a trade coupon shall be prima facie evidence of the fact that the same is a trade coupon within the meaning of this Act; * 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seq.

14696 MERCANTILE. Trade Coupons Act. 24 GEO. V. No. 8, Advertise- ment. Gifts. (b) That a particular person, firm, or company therein named is a trading stamp company shall be prima facie evidence that such person, firm, or company is a trading stamp company within the meaning of this Act. (2.) In any proceedings under this Act- (a) If in any newspaper, leaflet, handbill, or other printed, typed, cyclostyled, or written matter whereby a trade coupon is advertised, and in which advertisement the name of the person charged for a breach of an offence against this Act appears or is referred to, such person shall be deemed to have advertised or caused such trade coupon to be advertised, unless he proves that he had not consented to his name appearing or being referred to in such advertisement, and was wholly ignorant of the advertisement concerned; (b) Proof that on the purchase of any particular goods any other goods, whether of a similar kind or not, were given away by the trader to the purchaser free of cost shall be prima facie evidence that such gifts were given away or delivered on presentation or production of or in exchange for a trade coupon in contravention of this Act. Saving of Art Union Regulation Act and Gaming Acts. 7. Nothing in this Act shall prejudice or in any Wise affect- (a) *" The Art Union Regulation Act of 1930"; or (b) t" The Vagrants, Gaming, and Other Offences Act of 1931 "; or (c) The Gaming Acts as defined by the Acts mentioned in paragraphs (a) and (b) aforesaid, or any regulations thereunder. Regulati OUB. 8. (1.) The Governor in Council may from time 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. * 21 Geo. v. No. ll, supra, page 12893. t 22 Geo. v. No. 27, supra, page 13987.

MEROANTILE. 1933. Trade Coupons Act. Without limiting the generality of the foregoing provisions, such regulations may provide for- (i.) Powers, duties, and authorities of the officer (if any) authorised by the Minister to administer this Act, including powers of inspection of the books, accounts, registers, documents, or writings of any trader or trading company for the purposes of thiR Act; and (ii.) Where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. (2.) Regulations may be made on the passing of this Act. (3.) The regulations may fix a penalty not exceeding twenty pounds for a breach of any of the provisions and requirements thereof. (4.) All regulations made or purporting to have been made under this Act shall be published in the Gazette, and thereupon shall be of the same effect as if they were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. The production of a copy of the Gazette purporting to contain any such regulation shall be conclusive evidence of the matters contained therein and of the power and authority to make such regulation. (5.) All regulations 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 Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything dohe in the meantime. For the purposes of this section, the term " sitting da,ys" shall mean days on which the House actually 8its for the despatch of business. 14697