Wheat Industry Stabilisation Act of 1954 (3 Eliz Ii No. 43) (Qld)

4 AGRICULTURE. Wheat Industry Stabilisation Act. 3 E liz . II. No. 43, AGRICULTURE. 3 N E l o i . z . 43 I . I. An Act relating to the Stabilisation of the Wheat T he W heat I ndustry S tabilisation Industry and for other purposes. A ct of 1954. [A ssented to 6 th D ecember , 1954.] E it enacted by the Queen’s Most Excellent Majesty, B 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:— Short title. 1. (1.) This Act may be cited as “ The Wheat Industry Stabilisation Act of 1954.” me&to^AGt *(2.) Subject to subsection three of this section, ' this Act shall come into force on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. (3.) A date not earlier than the day on which the Commonwealth Act came into operation may be fixed under this section by the Governor in Council as the date of the coming into force of this Act and, if that date is earlier than the date on which this Act received the Royal Assent, then this Act shall have retrospective operation and effect accordingly : Provided that an act or omission which occurred before the date on which this Act received the Royal Assent shall be deemed not to have been an offence against this Act. pWArcehtsseearvt edP. ool Whea 2 t . P T o h o i l s A A c c ts t , sh1a9l2l0be to re1a9d30a, ” ndancodnastllruPerdowcliatmh a f t “ io T n h s e , Orders in Council, and regulations thereunder for the time being in force, and (to the extent to which J“ The Primary Producers ’ Organisation and Marketing Acts, 1926 to 1954,” and any Proclamations, Orders in Council, and regulations thereunder relate to the State Board and to wheat, or to either) with that Act, Proclamations, Orders in Council, and regulations and the provisions of f“ The Wheat Pool Acts, 1920 to 1930,” and of all Proclamations, Orders in Council, and regulations thereunder, and (to the extent to which they relate to the State Board * Commenced 30 Nov. 1954 (Proc. pubd. Gaz., 18 Dec. 1954, p. 2093). t 11 G. 5 No. 4 and amending Acts, t 17 G. 5 No. 20 and amending Acts.

1954. AGRICULTURE. Wheat Industry Stabilisation Act. 5 and to wheat, or to either) the provisions of *“ The Primary Producers’ Organisation and Marketing Acts, 1926 to 1954,” 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 those provisions apply at the coming into force of this Act. 3. (1.) f“ The Wheat Marketing Acts, 1948 to 1953,” Repeals, are hereby repealed. (2.) Notwithstanding the repeal effected .by subsection one of this section but subject to subsection three of this section, the provisions of the repealed Acts continue to apply, as if this Act had not been passed, in relation to wheat harvested before the first day of October, one thousand nine hundred and fifty-three. (3.) A reference in the provisions referred to in subsection two of this section to the Australian Wheat Board established by the %Wheat Marketing Act 1948-1953 of the Commonwealth shall, in relation to things done or to be done after the commencement of this Act, be read as a reference to that Board as continued in existence by the Commonwealth Act and conducting its proceedings in accordance with the Commonwealth Act. (4.) Wheat harvested on or after the first day of October, one thousand nine hundred and fifty-three, and delivered to the Board before the commencement of this Act (including wheat delivered to a person who was a licensed receiver for the purposes of the Acts repealed by this Act) shall be deemed to have been delivered in pursuance of section nine of this Act, and any advance payment made by the Board in respect of any such wheat before the commencement of this Act shall be deemed to have been made in pursuance of this Act. (5.) Subsections two, three, and four of this section apply so as not to limit the operation of §“ The Acts Interpretation Act of 1954.”* * * § * 17 G. 5 No. 20 and amending Acts, t 13 G. 6 No. 9 and amending Acts. { No. 48 of 1948 and amending Acts of the Commonwealth. § 3 Eliz. 2 No. 3.

6 AGRICULTURE. Wheat Industry Stabilisation Act . 3 E liz . II. No. 43, Meaning of 4. In this Act, unless inconsistent with the context terms. or subject-matter, the following terms shall have the meanings respectively assigned to them, that is to say:— Licensed receiver. “ Licensed receiver ” means a person, firm, company, or State authority 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 administering this Act; Season. “ Season ” in relation to wheat, means the period • of twelve months, commencing on the first day of October in any year, during which the wheat was harvested ; The Board. “ The Board ” means the Australian Wheat Board constituted by the Commonwealth Act; The Common­ wealth Act. “ The Commonwealth Act ” means the * WheatIndustryStabilizationAct1954 of the Commonwealth and, if that Act is amended, includes that Act as amended from time to time ; The Common­ wealth Minister. “ The Commonwealth Minister ” means the Minister of State administering the Commonwealth Act, or another Minister of State of the Commonwealth acting for and on behalf of that Minister ; • The cost of production. “ The cost of production ” means— (а) In relation to wheat of the season that ended on the thirtieth day of September, one thousand nine hundred and fifty-four— Twelve shillings and seven pence per bushel; and (б) In relation to wheat of a subsequent season —the cost of production per bushel of wheat of that season as determined in pursuance of section five of the Commonwealth Act; The guaranteed price. “ The guaranteed price ”, in relation to wheat of a season, means an amount equal to the cost of production of wheat of that season ; * This Act.

AGRICULTURE. 7 1954. Wheat Industry Stabilisation Act. “ The State Board ” means the State Wheat The state Board constituted under *“The Wheat Pool oar ' Acts, 1920 to 1930.” 5. (1.) If, by reason of the Constitution, a provision Acttoappiy of this Act, or a notice under a provision of this Act, constitution, cannot validly apply in relation to any particular wheat or class of wheat, that provision or notice shall be construed as intended to operate in relation to all wheat in relation to which it purports to apply, being wheat in relation to which it can validly apply. (2.) Subsection one of this section is in addition to, and not in substitution for, any other provision relating to the construction of Acts and statutory instruments subject to the Constitution. 6. (1.) For the purposes of the Commonwealth i Act, the State Board may, from time to time, as occasion under ’ requires, nominate one of its members, being a^3th°Act t wheatgrower, for appointment by the Commonwealth and this Act. Minister as a member of the Board representing . wheatgrowers in this State. 1 (2.) The State Board may act as agent of the Board. 1 (3.) All wheat required by *uThe Wheat Pool Acts, 1920 to 1930,” to be delivered to the State Board, and so delivered to it, shall be deemed to be received on behalf of the Board by the State Wheat Board, which I shall comply with the requirements of this Act in respect | of the delivery to it of all such wheat. This subsection applies with respect to wheat harvested on or after the first day of October, one | thousand nine hundred and fifty-three. I 7. (1.) Subject to this section, the Board may Licensed license, subject to such conditions as are specified in the receivers‘ \ license, any person, firm, company, or State authority f to receive wheat on behalf of the Board and may cancel | or suspend any such license, except the license issued j under this section to the State Board. (2.) The State Board shall be entitled to a license 1 under this section. i (3.) A license granted or deemed to have been 1 granted under this section to a person, firm, or company other than the State Board shall be deemed to be subject * 11 G. 5 No. 4 and amending Acts* I l

8 AGRICULTURE. Wheat Industry Stabilisation Act . 3 E liz . II. No. 43, to a condition that such person, firm, or company is not thereby authorised to receive on behalf of the Board any wheat required by *“ The Wheat Pool Acts, 1920 to 1930,” to be delivered to the State Board. (4.) A license to receive wheat on behalf of the Board that was in force immediately before the commencement of this Act shall be deemed to have been granted under this section. 1 , j ! Powers of Board. 8. (1.) The Board may— < (a) Purchase wheat, wheaten flour, semolina, corn . sacks, jute or jute products ; ( h) Accept wheat delivered to it; (c) Sell or dispose of wheat, wheaten flour, semolina, corn sacks, jute or jute products the property of the Board ; (d) Grist or arrange for the gristing of wheat, and sell or otherwise dispose of the products J of the gristing ; (e) Manage and control all matters connected with the handling, storage, protection, treatment, transfer, or shipment of wheat or other things purchased or otherwise acquired by the Board or sold or otherwise disposed of by the Board ; and j 1 (/) Do all things that it is required or permitted by this Act to do or that are necessary or convenient to be done by the Board for j giving effect to this Act. ( (2.) The Commonwealth Minister may give directions | to the Board concerning the performance of its functions and the exercise of its powers, and the Board shall j comply with those directions. Delivery of 9. (1.) Subject to this section, a person who is in wheat. possession of wheat— ' (a) May deliver that wheat to the Board ; and ( b ) Shall deliver that wheat to the Board on demand made by or on behalf of the Board : Provided that the provisions of paragraph (a) of this subsection shall apply so as not to exempt any ' person from the obligation to deliver any wheat to the i State Board under and in accordance with the provisions . of *“ The Wheat Pool Acts, 1920 to 1930.” * 11 G. 5 No. 4 and amending Acts. j !

AGRICULTURE. 1954. Wheat Industry Stabilisation Act. (2.) Upon delivery of wheat to the Board under this section, the wheat shall become the absolute property of the Board, freed from all mortgages, charges, liens, pledges, interests, and trusts affecting the wheat. (3.) A demand under this section may be made— (а) By notice in writing served personally on the person to whom it is addressed, or served on that person by post at his usual or lastknown place of abode or business ; or (б) By notice published in the Gazette, in which case it may he addressed to persons generally or to persons included in a class of persons. (4.) Nothing in this section applies to— (а) Wheat harvested before the first day of October, one thousand nine hundred and fifty-three; (б) Wheat retained by the grower for use on the farm where it is grown ; (c) Wheat that has been sold by the Board ; ( d ) Wheat sold or delivered to a person with the approval of the Board ; or (e) Wheat delivered to the State Board and required by it for distribution for seed. (5.) A person shall not— (a) Refuse or fail to comply with a demand made under this section ; or ( h) Deliver to the Board wheat which has previously been sold by the Board. Any person who is guilty of an offence against this subsection shall be liable to a penalty of not more than thrice the value of the wheat in respect of which the offence is committed, calculated at the guaranteed price for wheat of the season that is current at the time of the offence, or imprisonment for six months, or both. 10. (1.) Delivery of wheat to the Board may be Delivery made by delivering or consigning the wheat to a licensed reccee““1 receiver. (2.) Wheat, other than wheat specified in subsection four of section nine of this Act, delivered in pursuance of *“ The Wheat Pool Acts, 1920 to 1930,” to the State * 11 G. 5 No. 4 and amending Acts.

10 AGRICULTURE. Wheat Industry Stabilisation Act. 3 E liz . II. No. 43, Board shall be deemed to have been immediately after that delivery delivered, in pursuance of section nine of this Act, by the State Board, in its capacity as such, to the State Board in its capacity as a licensed receiver. (3.) A person who delivers wheat to a licensed receiver shall, at the same time, furnish to the licensed receiver in writing the names and addresses of all persons known by him to have or to claim an interest in the wheat or in the payment to be made for the wheat, and all particulars known to him of those interests. Unauthor- 11. Except as provided in sections nine and ten feed dealings 0f this Act, or with the consent of the Board, a person shall not— (a) Sell, deliver, or part with the possession of, or take into his possession, wheat other than wheat specified in subsection four of section nine of this Act; ( b) Part with the possession of, or take into his possession, wheat that is the property of the Board; or (c) Purport to sell or offer for sale, or purport to purchase or offer to purchase (otherwise than from the Board), wheat that is the property of the Board. Any person who is guilty of an offence against this section shall be liable to a penalty of not more than thrice the value of the wheat in respect of which the offence is committed, calculated at the guaranteed price of wheat of the season that is current at the time of the offence, or imprisonment for six months, or both. Price to be wheat°r w ea' 12. (1.) Where wheat is delivered to the Board in pursuance of this Act, the Board shall pay for that wheat (including the corn sacks, if any, in which the wheat is delivered) an amount determined by the Board in accordance with this section. (2.) The Board shall determine amounts payable under subsection one of this section in respect of wheat of a season by— (a) Ascertaining the net proceeds of the disposal by the Board of all wheat of that season delivered to the Board in Australia (whether in pursuance of this Act or otherwise);

AGRICULTURE. 1954. Wheat Industry Stabilisation Act. (b) Deducting from the amount so ascertained an amount calculated at the rate of threepence for each bushel of so much of the wheat of that season grown in the State of Western Australia as the Board certifies to the Commonwealth Minister to have become available for export to places outside Australia; and (c) Ascertaining the share in the remaining amount of each person entitled to payment under this section by apportioning that remaining amount amongst the persons who delivered wheat of that season to the Board in Australia (whether in pursuance of this Act or otherwise) on the basis of the number of bushels of wheat so delivered by each such person, with proper allowance for differences in the quality of wheat and for transport charges for the carriage of wheat to the terminal port from the place at which the wheat was delivered to the Board, corn sacks in which wheat was supplied to the Board, and other necessary adjustments in particular cases. | In making, for the purposes of paragraph (c) of this subsection, proper allowance for differences in the quality of wheat, the Board shall have regard to the system of wheat classification adopted under *“ The Wheat Pool Acts, 1920 to 1930,” and to premiums, if any, paid by buyers for wheat of the season in question grown in Queensland. (3.) For the purposes of this section, the Board is not bound to preserve the identity of wheat of a season, and may keep its accounts in respect of sales in such manner as will, in its judgment, attribute sales to wheat of different seasons (including the season that ended on the thirtieth day of September, one thousand nine hundred and fifty-four) in an equitable manner. (4.) The Board is not bound to make a final payment in respect of wheat of a season until it has disposed of the whole of the wheat of that season delivered to it in Australia (whether in pursuance of this Act or * 11 G. 5 No. 4 and amending Acts. 11

12 AGRICULTURE. Wheat Industry Stabilisation Act. 3 E liz . II. No. 43, otherwise), but the Board may, with the approval of the Commonwealth Minister, make from time to time such advance payments as it considers justified. (5.) Subject to this section, the net proceeds of the disposal of wheat shall, for the purposes of this section, be deemed to be the net return from the disposal of the wheat (including corn sacks in which the wheat was sold) after paying the charge imposed by the * WheatExportChargeAct1954 of the Commonwealth and administration, interest, transport, storage and other charges incurred by the Board (other than charges for transport to the terminal port from the place at which the wheat is delivered to the Board). (6.) In ascertaining the net proceeds of the disposal of any wheat, no account shall be taken of moneys to which section nineteen of this Act, section 17 a of f“ The Wheat Marketing Acts, 1948 to 1953,” or a corresponding provision of the Commonwealth Act or an Act of another State, applies or applied or of costs of the Board payable out of those moneys. (7.) Where the average price per bushel obtained by the Board for wheat of a season exported by the Board, or sold by the Board for export, is less than the guaranteed price, the net proceeds from the disposal of wheat of that season by the Board shall, for the purposes of this section, be deemed to be increased by the amount that becomes payable to the Board under the Commonwealth Act out of the Wheat Prices Stabilization Fund established by that Act, that is to say an amount ascertained by multiplying the amount of the difference between that average price and the guaranteed price by a number equal to the number of bushels of wheat of the season exported by the Board, or sold by the Board for export, or by one hundred million, whichever is the less. (8.) In ascertaining the average price for the purposes of subsection seven of this section, the price obtained in respect of a sale other than a sale of fair average quality bulk wheat free on rails at the port of export shall be deemed to be the price which would have been the corresponding price for a sale of the same quantity of fair average quality bulk wheat free on rails at the port of export. * No. 71 of 1954 of the Commonwealth, t 13 G. 6 No. 9 and amending Acts. .

1954. AGRICULTURE. Wheat Industry Stabilisation Act. 13 . 13. (1.) The amount payable under this Act Pay“ents in respect of any wheat is payable to the person who Board for would have been entitled to receive the price of the wheat, wheat if the wheat had been lawfully sold to the Board at the time of the delivery of the wheat. (2.) The provisions of *“ The Wheat Pool Acts, 1920 to 1930,” and of the regulations thereunder (and to the extent to which the provisions of f “The Primary Producers' Organisation and Marketing Acts, 1926 to 1954,” and of the regulations thereunder relate to the State Board and to wheat or to either, those provisions) shall apply as respects any amount paid by the Board to the State Board under this Act to the same extent as those provisions would apply if that amount were moneys received by the State Board in payment for wheat sold by the State Board on behalf of the owners thereof. (3.) The same rights (if any) shall exist against the State Board or the person receiving an amount paid by the Board under this Act in respect of any wheat as would exist if the moneys so paid were the proceeds of a sale or purported sale of the wheat by the State Board or, as the case may be, that person, and any such rights may be enforced by action in any court of competent jurisdiction. (4.) Payment in good faith by the Board of any moneys payable under this Act to the State Board or to the person appearing to the Board to be entitled to receive them shall discharge the Board from any further liability in respect of those moneys. (5.) Subject to subsection six of this section, an assignment of moneys payable by the Board in respect of wheat delivered to the Board (not including a registered crop hen) executed after the commencement of this Act is void against the Board. (6.) Where a person assigns moneys payable to him by the Board in respect of wheat delivered or to be delivered to the Board in payment of, or as security for payment of, an amount payable by that person to the * 11 G. 5 No. 4 and amending Acts, t 17 G. 5 No. 20 and amending Acts.

14 AGRICULTURE. Wheat Industry Stabilisation Act. 3 E liz . II. No. 43, State Board or for corn sacks supplied to him, to any other person, the Board may pay those moneys to the assignee. Declaration to be furnished as to old season’s wheat. 14. (1.) A person who— (a) Consigns or delivers to a licensed receiver wheat harvested before the fifteenth day of September, one thousand nine hundred and fifty-four; or ( b ) Consigns or delivers to a licensed receiver, after the final delivery day in respect of a season, wheat harvested in that season, shall make and forward to the licensed receiver a declaration correctly stating the season during which the wheat was harvested. (2.) For the purposes of this section, the final delivery day in respect of a season is the day declared to be the final delivery day in respect of that season by notice published in the Commonwealth of Australia Gazette under the Commonwealth Act. Entry of premises, seizure of Wheat, &c, 15. (1.) A member of the Police Force who is authorised by the Board or the chairman of the Board to act under this section may— (а) At all reasonable times, enter premises and inspect any stock of wheat or corn sacks, and any accounts, books, and documents relating to any wheat or corn sacks; and (б) Take possession of and remove any wheat that is the property of the Board or the delivery of which has been lawfully demanded by the Board, or any corn sacks which are the property of the Board. (2.) A person shall not hinder, obstruct, threaten, or intimidate any person in the exercise of powers under this section or attempt so to do. (3.) Wheat, other than wheat which is the property of the Board, of which possession is taken under subsection one of this section shall, for the purposes of this Act, but without affecting the liability of a person for an offence, be deemed to be delivered to the Board under this Act.

AGRICULTURE. 15 1954. Wheat Industry Stabilisation Act. 16. (1.) For the purposes of this Act the Board Board may may, by notice in writing served on the person to whom return! it is addressed, either—• (а) Personally; or (б) By post at his lastknown place of abode or business, require a person to furnish in writing to the Board, within the time specified in the notice, such information relating to wheat, wheaten flour, semolina, corn sacks, jute or jute products as is specified in the notice. (2.) A person shall not, without reasonable excuse— (a) Refuse or fail to comply with a requirement under this section ; or (b) Furnish to the Board any information which is false or misleading in a particular. 17. A person having wheat the property of the Proper care Board in his possession or under his care shall exercise Jheataken proper care and take all proper and reasonable precautions owned by to preserve and safeguard that wheat and to keep itBoard- free from any damage or deterioration. 18. (1.) The price at which the Board shall sell Home con- wheat for manufacture into wheat products for human price ^of1 consumption in Australia or wheat for consumption in wheat. Australia by pigs, poultry, or dairy stock, is the appropriate price ascertained in accordance with this section. (2.) Subject to this section, the price per bushel in respect of a wholesale sale of bulk wheat of fair average quality free on rails at a port of export shall be— (а) The International Wheat Agreement price or, if at the beginning of the year in which the sale is made there is not in operation an International Wheat Agreement that has been accepted by Australia, export parity ; or (б) Fourteen shillings, whichever is the less. (3.) If the price applicable to a sale under subsection two of this section is less than the cost of production of wheat of the season that is current at the beginning of the year in which the sale is made, the price shall, subject to subsection four of this section, be an amount per bushel equal to that cost of production.

16 AGRICULTURE. Wheat Industry Stabilisation Act. 3 E liz . II. No. 43, (4.) The price applicable under either subsection two or subsection three of this section shall be increased by an amount of one penny half-penny per bushel for the purpose of reimbursing the Board for the costs of shipment of wheat by the Board to Tasmania. (5.) If the Board reports to the Commonwealth Minister that the amounts being received by the Board by reason of the operation of subsection four of this section, together with amounts being received under corresponding provisions of the Commonwealth Act and the laws of the other States, are more or less than the amounts required to meet the costs of shipment of wheat by the Board to Tasmania, the Commonwealth Minister may direct the Board that the amount per bushel specified in that subsection shall be reduced or increased to such extent as he considers necessary. (6.) The price in respect of a sale, other than a sale specified in subsection two of this section, shall be a price ascertained by adding to or deducting from the price applicable to sales so specified an amount that makes a proper allowance for the quality of the wheat, the conditions of sale, and the place of delivery. (7.) In this section— “ export parity ”, in relation to sales made in a year, means the price that the Commonwealth Minister certifies to the Board to be the price which he is satisfied was the price (expressed in Australian currency) per bushel prevailing immediately before the commencement of that year for sales by the Board on the export market of bulk wheat of fair average quality free on rails at the ports of export; “ the International Wheat Agreement price ”, in relation to sales made in a year, means the price which the Commonwealth Minister certifies to the Board to be the amount which he is satisfied is the equivalent, in Australian currency and on the basis of sales free on rails at the ports of export, of the price per bushel prevailing immediately before the commencement of that year for sales by the Board under an International Wheat Agreement of bulk wheat of fair average quality ; ^

1954. AGRICULTURE. Wheat Industry Stabilisation Act. 17 “ year ” means the period of twelve months commencing on the first day of December, one thousand nine hundred and fifty-four, and each subsequent period of twelve months. (8.) Notwithstanding the repeal of section seventeen of *“The Wheat Marketing Acts, 1948 to 1953,”— (a) The prices for sales of wheat by the Board that were applicable under that section immediately before the commencement of this Act continue to be applicable to sales made before the first day of December, one thousand nine hundred and fifty-four ; and (b) All moneys received by the Board in respect of such sales by reason of the operation of subsection four or five of that section shall be deemed to be moneys to which subsection one of section nineteen of this Act applies. 19. (1.) Notwithstanding any other provision of for this Act but subject to this section, the Board shall freight to , keep a separate account of the moneys received by the Tasmania. Board by reason of the operation of subsections four and five of section eighteen of this Act, and of payments made out of those moneys, and shall not apply those moneys except in accordance with this section. (2.) The Board may combine the account required to be kept under subsection one of this section with any similar account or accounts to be kept by it under the Commonwealth Act or under the law of another State or States. (3.) The Board shall use the moneys referred to in subsection one of this section in meeting the costs of shipment of wheat by the Board to Tasmania, and shall not use for that purpose any other moneys derived by it from the sale of wheat delivered to it in pursuance of this Act. (4.) Any moneys referred to in subsection one of this section which remain unexpended after the Board has disposed of the whole of the wheat of the last season to which this Act applies delivered to the Board in * 13 G. 6 No. 9 and amending Acts.

18 AGRICULTURE. Wheat Industry Stabilisation Act. 3 E liz . II. No. 43, Australia shall be applied by the Board for the benefit of the wheat industry in such manner as the Commonwealth Minister, after consultation with the appropriate Minister of each State, directs. (5.) Any moneys paid by the Board, before the commencement of this Act, in pursuance of section 17 a of *“ The Wheat Marketing Acts, 1948 to 1953,” to the credit of the account kept for the purposes of that section and not expended before the commencement of this Act shall be deemed to be moneys to which subsection one of this section applies. Use of funds 20. Subject to the Board’s paying or making by Board. pr0yisi0n for the payment of amounts required to be paid by it under this Act, nothing in this Act shall be deemed to prevent the Board from applying moneys received by it by reason of the exercise of its functions under this Act for the purposes of the Commonwealth Act or an Act of another State relating to the marketing of wheat. Penalties. 21, (1.) A person who contravenes, or fails to comply with, a provision of this Act shall be guilty of an offence and liable, if no other penalty is specified by this Act for that offence, to a penalty not exceeding one hundred pounds or imprisonment for six months, or both. (2.) An offence against this Act or the regulations hereunder may be prosecuted in a summary way under f“ The Justices Acts, 1886 to 1949.” Beguiations. 22. (1.) The Governor in Council may make regulations not inconsistent 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, and in particular for providing for penalties not exceeding a fine of one hundred pounds or imprisonment for six months, or both, for offences against the regulations. (2.) Regulations may be made on the passing of this Act. * 13 G. 6 No. 9 and amending Acts, f 50 V. No. 17 and amending Acts.

AGRICULTURE. 19 1954. Wheat Industry Stabilisation Act. (3.) All regulations made under this Act shall upon publication in the Gazette be judicially noticed and such publication shall be conclusive evidence of the matters contained therein. (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 regulation 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. 23. This Act does not apply in relation to wheat Application harvested after the thirtieth day of September, oneofAct‘ thousand nine hundred and fifty-eight.