Wheat and Wheat Products Act of 1935 (26 Geo v No. 24) (Qld)

AGRICULTURE. 26 GEO. V. No. 24, 1935. Wheat and Wheat Products Act. If the Legislative Assembly, within the next fourteen sitting days after any regulations have been so laid before such House, resolves that such regulations or any of them ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime 'under such regulations or to the making of any new regulations. For the purpose of this section the term "sitting days" shall mean days on which the House actually sits for the despatch of business. 15333 An Act Relating to Wheat and Wheat Products. 26 Geo. V. No.24. [ASSENTED TO 5TH DECEMBER, 1935.] THE WHEAT AND WHEAT B E it enacted by the King's Most Excellent Majesty, A~: ~~u~~: 5 by and with the advice and consent of the Legis- . lative Assembly of Queensland in Parliament assembled, and by tJ le authority of the same, as follows:- 1. This Act may be cited as " The Wheat and Wheat Short title. Products Act of 1935." 2. This Act shall come into force on a date to be Commence· proclaimed by the Governor in Council by Proclamation ment. published in the Gazette, which date is herein refeITed to as the commencement of this Act. 3. This Act and ,any Proclamations, Orders in Construction Council, and regulations made thereunder shall be of Act. read and construed subject to the Commonwealth of AU8tralia Con8titution 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 to the extent to which it is not in excess of that power.

15334 AGRICULTURE. Wheat and Wheat Products Acts. 26 GEO. V. No. 24, Definitions. 4. In this Act, unless the context or subject-matter otherwise indicates or requires, the following terms have the meaning set against them respectively, that is to say:- Board. " Board "-The Queensland Wheat Stabilisation Board constituted under the authority of this Act; 1Tinistor. " Minister "-The Secretary for Agriculture and Stock or other Minister of the Crown for the time being administering this Act; Prescribed. " Prescribed''-Prescribed by this Act; Publio notice. "Public notice "-A notice published in the Gazette and/or such newspapers as may be prescribed; Quota. " Quota "-The proportion of wheat produced by a wheatgrower which he is permitted for the time being to sell fOl' human consumption in the course of his intrastate trade or commerce in Queensland; Receiver. " Receiver "-Any person licensed under any Act of the Commonwealth or State as a receiver of wheat: Provided that the State Wheat Board shall in respect of all wheat required to be delivered to it under and in accordance with the Wheat Pool Acts (the provisions of which Acts are hereby preserved) and without the issue to it of a license, be and be deemed to be a receiver licensed under this Act; Sell. " Sell "-Includes barter and exchange or transfer property in and "Sale" and" Sold" have a corresponding meaning; State Wheat Board. " State Wheat Board "-The State Wheat Board within the meaning of the Wheat Pool Acts; This Act. "This Act "-This Act and all Proclamations, Orders in Council, and regulations there- under; Wheat. " Wheat "-Wheat grown from a crop sown during the year one thousand nine hundred and thirty-five or in any subsequent year;

AGRICULTURE. ~ - -- - ~- - - - - - - ~ - - - - -- - -- ~ ,~- ~-, --- --- -- 1935. Wheat and Wheat Products Acts. 15335 " 'Vheatgrower "-A person who owns wheat Wh"at- grown from a crop sown during the year grower. one thousand nine hundred and thirty-five or in any subsequent year during which this Act is in operation, and who harvests any ,such wheat or on whose account such wheat is harvested: and includes the legal personal representative of any such person; ., Wheat Pool Acts" -*" The Wheat Pool Acts, Wheat Pool 1920 to 1930 " (and all Proclamations, Orders Acts. in Council, notifications, and regulations made thereunder) ; " Wheat-processor "-Any person who by any Wheat- process of manufacture produces any wheat processor. product; " 'Vheat product "-Any substance produced- Wheat (a) By gristing, crushing, grinding, milling, product. cutting, or otherwise processing wheat or, except as prescribed, by anyone or more of those processes applied t~ wheat combined with any other commodity, or (b) By the sifting or screening of, or any mechanicaJ operation applied to, substances so produced, or (c) By the combination of any of the operations specified in the last two preceding paragraphs, and includes- (i.) Any mixture of any such substances, and (ii.) Self-raising flour. 5. (1.) For the purposes of this Act there is hereby Queensland constituted in this State a Queensland Wheat Wheat StabilI· sat·IOn B oard (. In th· IS Act re~ C erre d t 0 as the BStoaabridli. sation " Board "). (2.) The members of the first Board under this Act Members of shall be the members for the time being of the State first Board. Wheat Board holding office as members at the commence- ment of this Act. The number of such members elected or appointed to represent the growers of wheat shall and without any further or other election, appointment, or notification whatsoever be and be deemed to have been elected and to represent the growers of wheat on the Board. * 11 Oeo. V. No. 4 and amending Acts, supra, pages 9513 et seq.

15336 AGRICULTURE. Wheat and Wheat Products Acts. 26 GEO. V. No. 24, The member appointed to the State -Wheat Board to represent the Government shall and without any further or other appointment or notification whatsoever be and be deemed to have been appointed and to represent the Government on the Board. Members of (3.) The members of the second or any subsequent sseucbosneqduoernt Board shall be the members from time to time appointed Board. or elected to the State Wheat Board, and all such members shall without further appointment, election, or notification other than their appointment or election as members of the State Wheat Board be and become members of the Board, and shall be and be deemed to have been appointed to represent the Government or elected or appointed to represent the growers of wheat on the Board, as the case may be. Chairman and vice- chairman. (.4.) The ohairman and vice-chairman for the time being of the State Wheat Board shall without any further or other appointment or election be and be deemed to be respeotively the chairman and vice-chairman of the Board. Application . (5.) The provisions of the Wheat Pool Aots relating oPfooWl hAecatts. to conduct, voting, and quorum at meetings, deputy members, deputy chairman or vioe-chairman, vacancies, vacation of office, disqualification from office, and resignation shall, mutatis mutandis, apply and extend, and where no provision or no sufficient provision is made under the above Acts in relation to any such matter, or to any other matter deemed necessary or convenient herein, regulations may from time to time be made under this Act. Secretary (6.) The secretary and all other officers of the and officers. State Wheat Board shall without further or other appointment, but subject as hereinafter provided, be and be deemed to be the secretary and officers respectively of the Board: Provided that the Board may from time to time make such further or other appointments as may be necessary for the purposes of this Act. Nature of 6. (1.) The Board shall be a body corporate under ~ hebBoabdd the name and style of" The Queensland Wheat Stabilisa- c~ rp~ : ate~ y tion Board," and by that name shall have perpetual succession and an official seal, and shall be capable in

1935. AGRICULTURE. Wheat and Wheat Products Acts. 15337 law of suing and being sued in its corporate name and of acquiring, holding, and disposing of real and personal property. (2.) All courts, judges, and persons acting judicially shall take judicial notice of the seal of the Board affixed to a:o.y document or notice, and shall presume that it was duly affixed. (3.) The Board shall have and may exercise and discharge all such powers, authorities, duties, and functions as may be necessary or convenient to be exercised or discharged by it in order to carry out the objects and purposes of this Act, or as may be prescribed. 7. The remuneration for the purposes of this Act Funds of of the secretary and other officers appointed under this Board. Act, and all other expenses of and incidental to the administration of this Act, shall be paid by the Board out of its funds. 8. If at any time the Board considers it necessary Powers of for the purposes of this Act so to do, it may require ~ o~ d as to any person or class of persons to whom this Act relates un s. to contribute, and on an equitable basis, towards the cost of d.efraying the expenditure involved in the administration of this Act and in carrying out the duties and functions of the Board thereunder or pursuant or incidental thereto; and the amount of any such contribution shall be and be deemed to be a debt due to the Board. 9. (1.) The Minister may from time to time I?etermina. after consultation with the Board determine a quota ~ ~ ~ t~ ! . for the purposes of this Act. (2.) Any quota so determined shall be notified in the Gazette and shall take effect on a date specified in the notice. (3.) Any quota so determined shall remain in force until a quota subsequently determined in like manner becomes effective. 10. (1.) A wheatgrower shall not in the course of peliveries of I.nt rastate trade and commerce W.IthI' n the Stat e 0 f w m h tr e a a s t tbatye Queensland deliver any wheat except to a receiver. gwrhoewaetr-s.

15338 AGRICULTURE. Wheat and Wheat Products Acts. 26 Goo. V. No. 24, (2.) A wheatgrower shall not in the course of intrastate trade and commerce within the State of Queensland deliver any wheat unless at the same time he signs and delivers to the receiver an acknowledgement and authority in the prescribed form. Any wheatgrower offending against the provisions of this section shall be liable to a penalty not exceeding five hundred pounds. (3.) Subject to this Act, this section, shall not apply to any wheat which in the opinion of the Board is sold or delivered for sale for use as seed or as food for stock or poultry. Receivers to 11. A receiver shall not in the course of intrastate oacbktnaionwl- trade and commerce receive any wheat from a wheat- edgement grower unless at the same time he receives from the aauntdhorities. wheatgrower in writing an acknowledgement and authority in the prescribed form. Any receiver offending against the provisions of this section shall be liable to a penalty not exceeding five hundred pounds. Issu? of 12. (1.) A receiver shall give to each wheatgrower recelPts~ and a receipt in the prescribed form for any wheat received warran s. from him and shall within seven days after receiving the wheat furnish to the Board a copy of the receipt. Any receiver offending against the provisions of this subsection shall be liable to a penalty of not more than five hundred pounds. (2.) The Board shall thereupon issue on behaH of the wheatgrower a home consumption warrant in duplicate for the percentage of wheat represented by the quota for the time being in force, and shall forward the duplicate of the warrant to the wheatgrower together with an export warrant in the prescribed form for the balance of the wheat delivered by the wheatgrower to the receiver : Provided that where the State Wheat Board is agent for the wheatgrower the duplicate of the warrant together with the export warrant shall be forwarded to the State Wheat Board. (3.) The original of the home consumption warrant shall be retained by the Board until purchased by a wheat-processor. •

AGRICULTURE. 15339 1935. Whea,t and Wheat Products Acts. 13. (1.) Any home consumption warrants required Warrants. for the purposes of this Act shall be in the prescribed form and shall be numbered consecutively. (2.) Two or more warrants bearing the same number shall not be issued during the period in which the wheat harvest of any season is being delivered. (3.) A warrant shall specify the quantity of wheat to which it relates and the grade of that wheat and, if no grades are in operation, the description or quality. (4.) The Board shall from time to time take such action as may be necessary to ensure that any quota for the time being in force shall have effect in respect of all wheat to which such quota relates; and without prejudice to the generality of this subsection the action taken by the Board may include the purchase of warrants, the cancellation of warrants, and the issue of fresh warrants of either series in lieu of cancelled warrants. 14. All wheat to which the provisions of the Wheat Delivery of Pool Acts apply shall, if delivered to the State Wheat : ~ ~ t ~ eat Board, be and be deemed to be duly delivered under Board. and in accordance with this Act, and nothing in this Act shall authorise or be deemed to authorise the delivery of wheat to which the Wheat Pool Acts apply other than under and in accordance with such Acts. 15. (1.) The chairman of the Board may by.notice Information in wr.iting req,uire a:r;ty rec~ iver .to furnish. to the Board : ~ ~ ed by such mformatIOn as IS speCIfied In the notIce. receivers. (2..) Upon receipt of a notice under this section a receiver shall furnish to the Board within the time specified in the notice such information as is specified in the notice. Any receiver offending against the provisions of this subsection shall be liable to a penalty not exceeding five hundred pounds. 16. A wheat processor shall within ten days after Sales by the close of any month during which he has sold in the processors. course of intrastate trade and commerce within the State of Queensland any wheat products manufactured by him furnish to the Board home consumption warrants issued under this Act or under an Act of any other State representing the quantity of wheat used in the manufacture of those products.

15340 AGRICULTURE. Wheat and Wheat Products Acts. 26 GEO. V. No. 24, ~ ~ y wheat processor offending against the provIsIOns of this section shall be liable to a penalty not exceeding five hundred pounds. Returns by 17. Any person who is a processor of wheat shall processors. furnish to the Board within ten days after the close of each month a return in the prescribed form in respect of wheat used by him during that month in the manufacture of wheat products. Any person offending against the provisions of this section, or any person furnishing a return in the prescribed form which is false in any material particular, shall be liable to a penalty not exceeding five hundred pounds. Board may 18. The Board shall have power to enter into enter into contracts or arrangements with Boards appointed under ccoernttariancts. legislation in other States with objects similar to those of this Act for the purpose of carrying such objects into effect and for purposes incidental thereto, and the Board shall have power to enter into any such contracts or arrangements with such Boards for or on behalf of any wheatgrower. Board may 19. The Board may by a public notice require all rreeqtuurinres. or any persons having within a locality therein mentioned any wheat and/or wheat products owned by them or in their disposal or under their control during the period or at the time specified in the notice for the purposes of trade or sale to make returns of such wheat and/or wheat products within the time specified in the notice. If any person to whom such a notice applies neglects or refuses to make such a return within the specified time he shall be liable to a penalty not exceeding one hundred pounds. Records and 20. (1.) Every receiver shall keep such records rreectueirvnesrsb. y and furnish each month to the Board such returns relating to wheat and wheat products as are prescribed. (2.) Any return furnished in accordance with this section shall be in such form and contain such particu~ ars as are prescribed and shall be furnished within ten days after the close of the month to which it relates. Any person who fails to keep any prescribed records or to furnish any prescribed return or who falsifies any

AGRICULTURE. 15341 1935. Wheat and Wheat Products Acts. prescribed records or who furnishes any prescribed return which is false in any material particular shall be guilty of an offence and liable to a penalty of not more than five hun<,lred pounds. 21. The Board may exercise any such powers as Boar~ may are' conferred on it by or under any Act of the ~ ~ : [ ~ : e Commonwealth relating to wheat or wheat products. powers. 22. No action, claim, or demand shall lie or be Inciemnity. made or allowed by or in favour of any person whomsoever against His Majesty or the Minister or the Board or any member thereof or any officer or person acting in the execution of this Act for or in respect of any damage, loss, or injury sustained or alleged to be sustained by reason of the passing of this Act or of its operation or anything done or purporting to be done under this Act. 23. The Board shall cause true and regular accounts Accounts of to be kept of all sums of money received and paid for or ~ ~ ~ ~ ~ r~ se~ nd on account of this Act or pursuant thereto, and of the menta to be several purposes for which sums of money have been kept. received and paid. Statements of accounts shall be exhibited at such places and at such times as may be prescribed. Such accounts shall be audited by the Auditor- General, who shall have with respect to such accounts all the powers conferred on him by *" The Audit Acts, 1874 to 1906." 24. Notwithstanding anything to the contrary P<?w:er of contained in this Act or any law to the contrary, it : ~ ; ~ : r to shall be lawful for the Minister at any time and from reports in time to time to call upon the Board by notice in ~ : ~ ~ ~ c: : . t~ f writing under his hand or under the hand of the &c. Under Secretary, Department of Agriculture and Stock, addressed to the chairman or secretary or other governing or executive officer for the time being of the Board for a report or information in relation to the finances generally of the Board, or in relation to any matter or thing in relation to revenue or expenditure, or any particular item or items of revenue or expenditure, or in respect of any matter or thing concerning the * 38 Vic. No. 12 and amending Acts, supra, pages 74 et seg. B

15342 AGRICULTURE. Wheat and Wheat Products Acts. 26 GEO. V. No. 24, administration of the Board generally; and it shall be the duty of such chairman or secretary or other governing or executive officer of the Board to furnish to the Minister, or to the Under Secretary as aforesaid, a full, true, and complete report or information desired by him. Any omission, neglect, or failure on the part of any such chairman or secretary or other governing or executive officer of the Board to comply with the provisions of this section shall be deemed to be an offence under the· provisions of this section, and shall on conviction render the offender liable to a penalty not exceeding one hundred pounds, to be recovered in a summary way by complaint under the provisions of *" The Justices Acts, 1886 to 1932." The provisions of this section shall take effect whether any audit of the books and accounts of the Board has been made or not. & Ionfcs. bpoeocktiso, n any o 2 f 5 fe . nc( 1e.) agFaoinr stthtehips uArpcot soers tohfe arsecgeurltaatiinoinnsg hwashebteheenr committed, any officer of the Board or any person authorised by the Board on that behalf either generally or in any particular case may at any reasonable time enter any premises and inspect any books, accounts, registers, documents or writings prescribed to be kept . in or upon such premises in relation to any transaction in connection with wheat or wheat products and may take copies thereof or of any entries therein. (2.) Any person who obstructs, hinders, prevents, or interferes with any officer or person so authorised, or who when requested so to do refuses or neglects to produce such books, accounts, registers, documents, or writings, shall be guilty of an offence and liable to a penalty not exceeding one hundred pounds. General penalty. 26. (1.) Any person who is guilty of an offence against, or of a contravention of, this Act, or who neglects or fails to comply with any provision thereof for which no specific penalty is in this Act provided, shall be liable to a penalty not exceeding fifty pounds. * 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seq.

AGRICULTURE. 15343 1935. Wheat and Wheat Products i1cts. (2.) All penalties incurred for any offence against this Summa~ y Act or any fees imposed by this Act may be recovered in proceedmgs. a summary way under *" The Justices Acts, 1886 to 1932." (3.) All penalties recovered under this Act shall be Penalties paid to the Board and become part of its funds. ~ ~n~ ~ ~ Board. 27. (1.) Any information, complaint, or other legal Information, proceeding under this Act may be laid, made, and taken complaints, in the name of the Board by the secretary or by any &c. Dther officer of the Board duly authorised in that behalf, either generally or in any particular case. (2.) In any proceedings for an alleged offence Evidence. against this Act it shall not be necessary to prove the appointment of the secretary or other authorised officer or the authority of the secretary or other authorised officer to lay the complaint or to take the proceedings or to do any act or to give any direction or issue or serve any notice. (3.) The secretary or other authorised officer may, Reimburse- oduamt aogfes, th C e OS tfsu, ncdhsargoefs, tahned Bexopaernds, esbteo wrehi 1 m· 0 hbuhres· e I d S paultl s & me c ec . nrettaorfy, Dr with which he becomes chargeable by. reason of anything contained in subsection one of this section. 28. No act or proceeding purporting to be When acta authorised by the Board or by any committee thereof?f B~ard not shall be held to be invalid by reason that the Board or any mvalld. such committee was not properly constituted, or by reason of any invalidity or irregularity in the appointment or election, as the case may be, of any member or members of the Board or of any such committee. 29. The Governor in Council may from time to Orders in time by Order in Council published in the Gazette provide Council. 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. 30. In any prosecution for an offence against this Burden of Act in relation to intrastate trade and commerce in pluol. wheat or wheat products the averment of the prosecutor that the wheat or wheat products, as the case may be, were the subject of intrastate trade and commerce shaH be deemed to be proved in the absence of proof to the • contrary. * 50 Vie. No. 17 and amending Acts, supra, pages 1132 et seq.

15344 AGRICULTURE. Wheat and Wheat Products Acts. 26 GEO. V. No. 24, Regulations. 31. (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 and, 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. Without limiting the generality of these provisions, such regulations may provide for all or any of the following matters:- (a) Powers, functions, duties, and authorities of the Board; committees of the Board, and their powers, functions, duties, and authorities; the signing and sealing of documents and the safe custody of the seal. (b) The determination and promulgation from time to time of a quota and all matters and things relative thereto. (c) The co-operation of the Board with Boards appointed by other States under an Act similar or of a like nature or principle to this Act. (d) The licensing of receivers, including the application therefor, the terms, conditions, and stipulations thereof, and the form and duration of licenses. (e) The form of warrants; the conditions under which one warrant may be issued in place of two or more warrants, and under which two or more warrants may be issued in place of one; the method of issuing and the form of duplicate warrants issued in lieu of warrants which are alleged to have been defaced, destroyed, or lost, and the security to be taken before any such issue. (f) The appointment by the Board of members of the Board or any committees thereof to represent it in consultation with the Board having the control or supervision of wheat and/or wheat products in other States, or with the Minister for Commerce or other Minister of State for the Commonwealth.

AGRICULTURE. 1935. Wheat and Wheat Products Acts. (g) Prescribing the furnishing of information or returns relating to wheat or wheat products; the form of returns, and the contents thereof, and the persons (whether growers, receivers, or processors, or not) by whom the same shall be made, and the time and mode of furnishing the same. (h) The burden of proof in any prosecution under this Act or regulations and in any civil proceedings by or against the Board. (i) Services of notices. (j) The fees and allowances (if any) to members of the Board. (k) The granting of exemption in respect of any matter or thing which the Board may deem expedient so to grant ; terms, provisions, and conditions in respect of exemptions and the revocation of exemptions. (l) The appointment of and duties of the secretary or other officers of the Board and the remuneration of such officers. (m) Prescribing what persons shall keep books, accounts, registers, documents, and/or writings in relation to any transaction in connection with wheat or wheat products, and the form and manner in which same are to be kept and the premises upon which same are to be kept. (n) All matters or things required or permitted by this Act to be prescribed. (2.) The regulations may fix a penalty, not exceeding in any case fifty pounds, for any breach thereof. (3.) The regulations may be made on the passing of this Act. (4.) All such regulations made or purporting to be made under this Act shall be published in the Gazette, and thereupon, subject to subsection seven hereof, shall be of the same effect as if they were contained in this Act and shall be judicially noticed, and their validity shall not be questioned in any proceedings whatsoever, and such publication shall be conclusive evidence of the power and authority to make any such regulation, and of all matters contained therein. 15345

15346 AGRICULTURE. Wheat and Wheat PrOdtlCts Acts. 26 GEO. V. No. 24, (5.) Such regulations shall take effect from the date of publication in the Gazette, or from a later date to be specified in any such regUlations. (6.) Such regulations shall be laid before Parliament within fourteen sitting days after such publication if Parliament is in session; or, if not, then within fourteen sitting days after the commencement of the next session. (7.) 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 Parliament 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. (8.) For the purpose of this" section, the term "sitting days" shall mean days on which Parliament actually sits for the despatch of business. Provisions 3 2. (1.) All Orders in Council made under this ? m S to O ~ r~ ers ~ Act ~ shal ' l be published in the Gazette • The Governor in Council may by another Order in Council amend or rescind any such Order in Council. (2.) No misnomer or inaccurate description or omission in or from any such Order in Council shall in any wise prevent or abridge the operation of this Act with respect" to the subject-matter provided the same is designated so as to be understood. (3.) All Orders in Council made or purporting to have been made under this Act upon being published in the Gazette shall have the same force and effect as if they were enacted in this Act and shall be obeyed and shall be judicially noticed, and their validity shall not be questioned in any proceedings whatever, and such publication shall be conclusive evidence of the power and authority to make any such Order in Council and of all matters contained therein. Such Orders in Council shall be laid before the Legislative Assembly within fourteen sitting days after such publication if Parliament is in session; or, if not, then within fourteen sitting days after the commencement of the next session.

AGRICULTURE. 1935. Wheat ana Wheat Prodiucts Acts. For the purpose of this subsection, the term "sitting days" shall mean days on which Parliament a.ctually sits for the despatch of business. 15347 ALIMONY AND MAINTENANCE RELIEF. See MARRIAGE AND DIVORCE. APPROPRIATION ACTS. See CONSTITUTION (2), (3), (4). ARBITRATION, INDUSTRIAL. See. LABOUR (2). AUSTRALIA DAY. See HOLIDAYS. BALANCES, LOAN. See LOANS. BUREAU OF INDUSTRY ACTS AlYIENDMENT. See STATISTICS. BUREAU OF INDUSTRY, DIRECTOR OF. kgee STATISTICS. BUREAU OF INDUSTRY, ORDERS IN COUNCIL. See INDUSTRY. BURIAL, INCLUDES CREMATION. See CREMATION.