Wheat Industry Stabilisation Act of 1946 (11 Geo Vi No. 7) (Qld)

I PUBLIC ACTS OF THE PARLIAMENT OF QU"EENSLAND, 100 AND 11 0 GEO. VI. ACCOUNTANTS. See PUBLIC ACCOUNTANTS. AGRICULTURAL BANK (INTEREST REDUCTION). See BANKING. ANIMAL AND VEGETABLE PESTS. See LAND. AGRICULTURE. An Act relating to the Stabilisation of the Wheat 11 GEO. VI. Industry and to Provide for the Control of : ~ ~~ P ro d uc t I · on 0 f Whea t . INDUSTRY STABILISATION ACT OF " [ASSENTED TO 20TH DECEMBER, 1946.] 19<16. 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 Wheat Short title. Industry Stabilisation Act of 1946." (2.) This Act shall, except as herein otherwise Operation provided, come into force on a date to be fixed by the of Act. Governor in Council by Proclamation published in the Gazette (which date is herein referred to as the com- mencement of this Act) and thereafter shall continue in operation until a date (not being earlier than the thirtieth day of September, one thousand nine hundred and fifty) to be fixed by the Governor in Council by Proclamation published in the Gazette as the date upon which this Act shall cease to be in operation. A

2 AGRICULTURE. Wheat Indu'stry Stabilisation Act. 11 GEO. VI. No 7, Wheat Pool 2. This Act shall be read and construed with *" The pArcetsserved. Wheat Pool Acts, 1920 to 1930," and all Proclamations, Orders in Council, and regulations thereunder for the time being in force, and (to the extent to which t" The Primary Producers' Organisation and Marketing Acts, 1926 to 1941," and any Proclamations, Orders in Council, and regulations thereunder relate to the State Wheat Board and/or wheat) with such Act, Proclamations, Orders in Council, and regulations and the provisions of *" The Wheat Pool Acts, 1920 to 1930," and of all Proclamations, Orders in Council, and regulations there- under, and (to the extent to which they relate to the State Wheat Board and/or to wheat) the provisions of t" The Primary Producers' Organisation and Marketing Acts, 1926 to 1941,:' and of all Proclamations, Orders in Council, and regulations thereunder shall, save in so far as they are inconsistent with the express provisions of this Act, continue to apply to and with respect to wheat and wheatgrowers and all persons and matters to or with respect to whom or which such provisions apply at the commencement of this Act. Mteermansi.ng of or su 3 b . jeIcnt- tmhiasttAerc,t, tuhnelefsosllionwcoinngsistteernmt swisthhaltlhehacvoenttehxet meanings respectively assigned to them, that is to say :- Licensed receiver. " Licensed receiver" means a person licensed by the Board in pursuance of this Act to receive wheat on behalf of the Board; Minister. " Minister" means the Secretary for Agriculture and Stock or other Minister of the Crown for the time being adminjstering this Act; Registered farm. "Registered farm" means a wheat farm or temporary wheat farm registered under this Act; Temporary wheat farm. " Temporary wheat farm" means any farm (not being a wheat farm) on which wheat is, under this Act, permitted to be grown; The Committee. "The Committee" means the Wheat Industry Stabilisation Committee established by this Act; * 11 G. 5 No. 4 and amending Acts. t 17 G. 5 No. 20 and amending Acts.

AGRICULTURE. 3 1946. Wheat Industry 8tabilisation Act. "The Commonwealth Act" means the * Wheat The Industry Stabilization Act 1946 of the ~ ~ ~ O~ ct. Commonwealth of Australia and, if that Act is amended, includes that Act as amended from time to time; "The Board" means the Australian Wheat The Board. Board constituted by the Commonwealth Act; "TheIndSutastbriylisSattaiobnilisBatoioanrdB" omaredancsontshtietutWedhebayt T ~ ~ h ! e ~ . ' l s i atl . On the Commonwealth Act; "TheautTheornr'ittyor 0 ief st" hemCeoamnsmtoenrrwiteoalrti·hes wuhn 1 ' d 0 her fi otrhme TTehren. t on . es. part of the Commonwealth; " Wheat farm" means a farm on which, at any Wheat time during the period commencing on the farm. first day of October, one thousand nine hundred and thirty-eight, and terminating on the first day of April, one thousand nine hundred and forty-one, wheat has been harvested as grain, and includes any farm- (a) Which the Committee is satisfied was, prior to the first day of January, one thousand nine hundred and forty-one, prepared or fallowed for the purpose of sowing wheat for grain thereon during the year com- mencing on that date; or (b) Concerning which the Committee is satisfied that special circumstances exist which make it just that the farm should be treated as being a wheat farm within the meaning of this definition; (c) Which the Committee is satisfied comprises land and is situated in a district suitable for the production of wheat, but does not include any land in respect of which the Government of the State, in pursuance of any scheme to prevent the production of wheat on unsuitable land, or on land in unsuitable districts, has caused the cessation of the production of wheat; " Wheatgrower" means a person licensed under Wheat. this Act to grow wheat. grower. * No. 24 of 1946 of the Conunonwealth.

4 AGRICULTURE. Wheat Ind1l's'try Stabilisation Act. 11 GEO. VI. No 7, Licensed receivers. Powers of Board. Sale of wheat. 4. (1.) Subject to this section the Board may license, subject to such conditions as are specified in the license, any person, firm, company, or State authority to receive wheat on behalf of the Board and may cancel or suspend any such license. (2.) An authority acting under any other Act as a receiver of wheat shall be entitled to a license under this section to receive wheat to the extent provided by that Act. 5. The Board may- (a) Purchase or otherwise acquire any wheat, wheat products, corn sacks, jute, or jute products; (b) Sell or dispose of any wheat, wheat products, corn sacks, jute, or jute products purchased or acquired by the Board; (c) Grist or arrange for the gristing of any wheat and sell or otherwise dispose of the products of the gristing; (d) Manage and control all matters connected with the handling, storage, protection, treat- ment, transfer, or shipment of any wheat or wheat products purchased or acquired by the Board or of any wheat or wheat products sold or disposed of by the Board; and (e) Do all matters which it is required by this Act to do or which are necessary or convenient to be done by the Board for giving effect to this Act. 6. (1.) Subject to this section a person who owns wheat- (a) Shall sell and deliver that wheat to the Board; and (b) Shall not sell or deliver that wheat to any person other than the Board. (2.) Delivery of wheat to a licensed receiver shall, for the purposes of this section, be deemed to be delivery to the Board. (3.) Nothing in this section shall apply to- (a) Wheat retained by the grower for use on the farm where it is grown ; (b) Wheat which has already been purehased from the Board;

1946. AGRICULTURE. Wheat Industry Stabilisation Act. 5 (c) Wheat sold or delivered to any person with the approval of the Board; or (d) Wheat the subject of trade, commerce, 01,' intercourse between the States, or required or intended by the owners thereof for the purpose of trade, commerce, or intercourse between the States. 7. (1.) Any person who is required to sell wheat to Delivery of the Board or any person who is desirous of selling wheat wheat. to the Board may deliver or consign that wheat to any licensed receiver. (2.) Any delivery or consignment of wheat in pursuance of the last preceding subsection shall be made in the name of the person in whose possession, control, or disposal the wheat is at the time of the delivery or consignment. 8. Except as provided in the last preceding section, Una~ thori~ ed or with the consent of the Board, a person shall not- ~ ~ ~ ~ 8 WIth (a) Part with the possession of any wheat the property of the Board which is held in his possession ; (b) Take into his possession any wheat which is the property of the Board other than wheat which he purchases from the Board; or (c) Purport to sell or offer for sale, or purport to purchase or offer to purchase (otherwise than from the Board), any wheat which is the property of the Board. Any person who contravenes any provision of this section shall be guilty of an offence and liable to a penalty of not more than thrice the value of the wheat in respect of which the offence is committed or imprisonment for six months, or both. 9. The price which shall be paid by the Board in Pr~oe to be respect of wheat delivered to it under this Act shall be ~ ~ ~ at~ or such as is determined in accordance with the Common- wealth Act. 10. A licensed receiver shall hold, on behalf of the Lioensed Board, all wheat the property of the Board which is at ~~~ v': ~e! ~. any time in his possession and shall not part with the possession of any such wheat except in accordance with instructions from the Board or from the Chairman of a Committee authorised in that behalf by the Board.

6 AGRICULTURE. Wheat Indwstry Stabilisation A.ct. 11 GEO. VI. No 7, Declaration to be 11. (1.) Any person who, after the prescribed date, provided as consigns or delivers to a licensed receiver any wheat tsoeaosoldn' s harvested prior to the prescribed date shall make and wheat. forward to the licensed receiver a declaration correctly stating the season during which that wheat was harvested. (2.) For the purposes of this section" the prescribed (late" means the date which, in respect of each season, is declared under the Commonwealth Act by notice published in the Oommonwealth Gazette to be the final date of that season. e::' Inspection of 12. (1.) For the purposes of this Act, any person &c. thereto authorised in writing by the Board may, at all reasonable times, enter any premises and inspect any stocks of wheat, wheat products, or corn sacks and any accounts, books, and documents relating to any wheat, wheat products, or corn sacks. (2.) Any person who hinders or prevents any entry or inspection by any person duly authorised under this section shall be guilty of an offence. Proper care to be taken 13. Any person having any wheat the property ooBwfC!nlwaerhdd. ebayt eoxfetrhcieseBporaorpderincahries apnodssteasksieonallorpruonpdeer ranhids rceaarseonsahballel precautions and do all things necessary to preserve and safeguard that wheat and to keep it free from any damage or deterioration whatsoever. Wheat 14. (1.) For the purposes of this Act there shall be ~ : ~ ; : rtion a Wheat Industry Stabilisation Committee, which may Committee. be appointed on the passing of this Act. (2.) The Committee shall consist of such persons as are appointed by the Minister by notice published in the Gazette to be members of the Committee. (3.) The members of the Committee shall hold office during the pleasure of the Minister. (4.) The Minister shall appoint one of the members to be the Chairman of the Committee. (5.) In the absence of the Chairman of the Com- mittee, the members present at any meeting may elect one of their number to preside at that meeting. (6.) At any meeting of the Committee, a majority of the members shall form a quorum.

1946. AGRICULTURE. Wheat Industry Stabilisation Act. 7 (7.) All questions before the Committee shall be decided by a majority of votes and, in the event of the voting being equal on any question, the question shall be postponed for consideration at the next meeting of the Committee at which all the members are present. 15. (1.) There shall be payable to any member of the Fees and. Committee such salaries, fees, and expenses as the expenses. Governor in Council directs. (2.) The State Wheat Board shall defray from its funds the salaries, fees, and expenses of members of the Committee and all other costs and charges incurred by the Committee in or for the purposes of carrying out its functions, powers, and duties under this Act, and any unpaid amount thereof shall be a debt due to the Crown recoverable at the ~ uit of the Minister. 16. The Committee shall- Duties of Committee. (a) Advise the Minister on such matters connected with the stabilisation and control of the wheat industry as the Minister directs; {b) Subject to any direction of the Minister, organise and control the registration of wheat farms and the licensing of persons to grow wheat under this Act, and, for those purposes, the Committee may appoint such advisory committees to assist it as it thinks fit : (c) Co-operate with the Stabilisation Board to secure uniformity of administration by the Commonwealth and the States in relation to the stabilisation of the wheat industry; and (d) Have such other powers and functions as are prescribed or as the Minister thinks fit but shall exercise those powers and functions subject to any directions of the Minister. 17. (1.) Any person may make application to the Registration Committee, in accordance with the prescribed form, for ~ ! r: ~ : ' ~ the registration of a wheat farm or temporary wheat temporary farm under this Act. wheat farms. (2.) The Committee shall consider every such application and, subject to any direction of the Minister but otherwise in its discretion, may register any such wheat farm or temporary wheat farm.

8 AGRICULTURE. Wheat Industry Stabilisation Act. 11 GEO. VI. No 7, (3.) Where registration of a wheat farm or temporary wheat farm has been granted under the National Security(WheatIndustryStabilization)Regulations of the Commonwealth of Australia and that, registration is uncancelled, that wheat farm or temporary wheat farm shall be deemed to be registered under this Act. (4.) The Minister or the Committee may at any time cancel the registration of any wheat farm or temporary wheat farm. Registration 18. (1.) Any person may make application to the gorfowwheresa. t. Committee, in accordance with the prescribed form, to be licensed as a wheatgrower. (2.) The Committee shall consider every such appli- cation and, subject to any direction of the Minister but otherwise in its discretion, may license the applicant as a wheatgrower. (3.) The following shall be conditions of every license granted under this Act ;- (a) That the wheatgrower will not sow with wheat a greater number of acres of land than the Committee determines; (b) That a wheatgrower who sows with wheat a greater number of acres than he is permitted to sow in pursuance of his license shall, before the ear develops beyond the milky stage, deal with the crop on an area equivalent to the excess acreage in such manner as the Committee determines; and (c) Such other conditions as are prescribed. (4.) A license under this section shall, unless sooner cancelled by the Committee, continue in force until the first day of March next following the granting of the license. (5.) A license under this section shall be in respect of a registered farm, and, if that farm ceases to be registered, the license shall thereupon, by force of this section, be cancelled. (6.) A person who is licensed under the NationalSecurity(WheatIndustryStabilization)Regulations of the Commonwealth of Australia as a wheatgrower in respect of the 1946-1947 wheat season shall be deemed to be licensed under this Act as a wheatgrower in respect of that season subject to the like conditions as those applicable to him under those Regulations.

AGRICULTURE. 9 1946. Wheat Industry Stabilisation Act. 19. A person shall not make a false statement in False state- any application made under this Act. ments in applicatiens. 20. (1.) A wheatgrower shall not- ~ Offences. (a) Harvest wheat for grain otherwise than from the registered farm in respect of which he is licensed; or (b) Contravene or fail to comply with any condition of his license. (2.) A person, not being a wheatgrower, shall not harvest any wheat for grain. Nothing in this subsection shall apply to grain retained by such person for use on the farm where the wheat from which such grain was harvested was grown. 21. (1.) Any person who commits a contravention Penalties. of, or fails to comply with, any provision of this Act shall be guilty of an offence and shall be liable, if no specified penalty is provided, to a fine not exceeding one hundred pounds or imprisonment for six months, or both. (2.) All penalties imposed by this Act may be recovered in a summary way under *" The Justices Acts, 1886 to 1945." 22. (1.) The Governor in Council may make regula- Regulations. tions not inconsiste-nt with this Act prescribing all matters which, by the Act, are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2.) Regulations may be made on the passing of this Act. (3.) All regulations made under this Act shall upon publication in the Gazette be judicially noticed. (4.) All regulations made under this Act shall be laid before Parliament within fourteen days after the publication thereof in the Gazette or, if Parliament is not then sitting for the transaction of business, within fourteen days after it next commences to sit. If Parliament within fourteen sitting days after any such regulation has been laid before it resolves that any provision of such regulat,ion ought to be annulled, such provision shall cease to have effect, but without prejudice to the validity of anything done thereunder in the meantime or to the power to make new regulations. ,. 50 V. No. 17 and amending Acts.