Wheat Products (Prices Fixation) Act 1938 (NSW)
WHEAT 1TI0T3FCTS (PRICES
FIXATION) ACT. Act No. 11), 1938.
An Act to provide for the regulation of prices of j,®'ggg
flour and certain other products of wheat ' —- *
sold in New South Wales; and for purposes
connected therewith. [Assented to, 2nd
November, 1938.]
T ) E it enacted by the King’s Most Excellent Majesty, I j by and with the advice and consent of the Legis lative Council and Legislative Assembly of New South MMles in Parliament assembled, and by the authority of the same, as follows :—
1 . (1) This Act may be cited as the “ Wheat Products suoit title. ’
(Prices Fixation) Act, 1938.”
| ' | C . | - - | (2) |
216 Wheat Products (Prices Fixation) Act.
| Ho. 1M 938. | 2̂ ̂ | shall be read and construed subject |
| Construction, | the Commonwealth of Australia Constitution Act and so as not to exceed the legislative power of the State to the intent that where any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances shall not be affected. |
| Definitions. | 2 . In this Act, unless the context or subject matter other-wise indicates or requires— |
“ Flour” means any substance produced—
| (a) | by gristing, crushing, grinding, milling, cutting, or otherwise processing wheat or by any one or more of those processes applied to wheat combined with any other commodity; |
| (b) | by the sifting or screening of or any mechanical operation applied to sub stances so produced, or |
| (c) | by the combination of any of the operations specified in the last two preceding paragraphs, |
and includes—-
(d) any mixture of any such substances; and
(e) self-raising flour,
| ̂ | but does not include any substance for use— |
| ■ | (i) | as or in the manufacture of breakfast foods or foods for birds or livestock; or |
| (ii) | in the manufacture of cornflour or meat products or of any other goods not being foodstuffs. |
“ Person” includes any body of persons corporate
or unincorporate.
“ Prescribed” means prescribed by this Act or by the
regulations.
“ Eegulations” means regulations made under this
| ̂ | Act. |
“ Sell” includes agree to sell and offer for sale.
“ Wheat
| Wheat Products (Prices Fixation) Act. | 217 |
| “ Wheat products” means flour, bran, pollard and bread and such other substances produced by gristing, crushing, grinding, milling, cutting or otherwise processing wheat as are declared by proclamation to be wheat products. | ' ^ r — | ’ |
3 . (1) The Governor may from time to time by pro- Deciaratiou
clamation published in the Gazette declare any substance prJjucts.
produced by gristing, crushing, grinding, milling, cutting,
or otherwise processing wheat to be a wheat product for
the purposes of this Act and may from time to time vary
or revoke any such proclamation.
| (2) | The Governor may by proclamation published |
in the Gazette alter tlie interpretation of flour as set out in this Act so as to coincide with the interpretation of flour set out in any Commonwealth Act imposing a tax on flour, and this Act shall be read and construed and take effect accordingly.
4 . (1) The Governor may from time to time by Power to fir
| proclamation published in the Gazette— | and™"™ |
| (a) | fix the minimum price at Avhich any of the sub | |||
| ||||
| of New South Wales by the manufacturer thereof; | ||||
| (b) | fix the maximum price at Avhich any of the sub stances included in the definition of flour or in the definition of wheat products may be sold in | |||
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New South Wales by any person;
(2) (a) In no case shall the minimum price fixed under subsection one of this section for ordinary wheaten flour delivered on the buyer’s premises at Sydney in bags, packages or containers, each of which contains approxi mately one hundred and fifty pounds Aveight, be less than eleven pounds per ton.
(b) In no case shall the maximum price fixed under subsection one of this section for ordinary Avheaten flour so delivered be more than thirteen pounds ten shillings per ton.
| • | (c) |
218 Wheat Products (Prices Fixation) Act.
| No. | 19 ,19S8. |
| (c) | In this subsection “ ton” means two |
thousand pounds gross weight including the weight of any bags, packages or containers in which the flour is contained.
(3) Any price fixed under this section for any
substance may vary having regard to—
(a) the place of delivery to the buyer;
| (b) | the locality of the State in which the substance is sold or delivered; |
(c) the quantities in which the substance is sold;
| (d) | whether the substance is sold by wholesale or retail; |
| (e) | the nature of tlie bags, packages or containers in which the substance is sold; |
| (f) | the quality, grade or variety of the substance; and |
(g) any other matters or circumstances.
(4) The Governor may from time to time by pro clamation published in the Gazette revoke or vary any proclamation under this section.
(5) Any proclamation under this section shall take effect from the date of publication in the Gazette or from a later date specified in the proclamation and shall remain in force for the period, if any, specified therein, and if no period is so specified shall (subject to any variation made by a subsequent proclamation) remain in force until revoked.
| Appoint | 5 . | (1) The Governor inay appoint an advisory com |
| ment of |
| advisory | mittee or committees to assist in the administration of |
| committees. | this Act and may by the regulations prescribe the powers and duties of any such committee and all matters neces sary or convenient to be prescribed to enable any such committee to carry out such powers and duties. |
| (2) Any such committee shall consist of three per sons, one of whom shall be appointed by the Governor to be chairman. | |
| (3) The appointment of any such committee shall be notified by proclamation published in the Gazette and the Governor may by a like proclamation cancel any such appointment. |
| Wheat Proauels (Prices Fixation) Act. | 219 |
No. 19, 1933.
| (>. (1) If any person sells any substance at a price M'hicli is less than the minimum price or greater than | Pena lty for |
| selling | |
| tlie maximum price which by any proclamation for the | liigher than |
| substance | |
| time being in force under this Act is fixed in relation | the |
| to such substance and is applicable to such sale, he shall | lower than maximum or |
| bo guilty of an offence and shall bo liable to a penalty | the minimuiu |
| not exceeding five hundred pounds. | price. |
| (2) Any person Avho aids, abets, counsels, procures or is in any way knowingly concerned in the commission of an offence under this section shall be deemed to have committed that offence and shall be punishable accordingly. | Aiders and |
| abettors. | |
| (3) This section shall not apply to or in respect of any substance sold for the purposes of export from Australia. |
7. (1) Any officer of the Public Service authorised in inspectiofi
writing by the Minister in that behalf may inspect any
| books, accounts, registers, records, documents or writings | ' |
| which are in the custody or control of any person carry ing on the business of gristing, manufacturing or preparing any flour or any wheat product and Avliich relate to such business, and may take notes, copies or extracts thereof or therefrom. For the purposes of this subsection any such officer may at any reasonable time enter any premises in which lie believes any such books, accounts, registers, records, documents or writings are kept. | |
| (2) Any person Avho obstructs, hinders, prevents or interferes Avith any officer so authorised in the exercise of the poAvers conferred upon him by subsection one of this section or Avho Avhen requested so to do by such officer refuses or neglects to produce any such books, accounts, registers, records, documents or AA'ritings shall bo liable upon conA'iction to a penalty not exceeding five hundred pounds. |
S. (1) Any person contravening any of the provisions PenalUes.
of tliis Act shall, where no other penalty is expressly ])rovidod, be liable to a penalty not exceeding one liundred pounds.
C2) Any penalty imposed by this Act or by the regulations may bo recovmred in a summary manner before a stipendiarv or police magistrate.
| ' | 9 . |
220 Broken Hill Water and Sewerage Act.
| ̂ ' | 9 . (1) The Governor may make regulations not incon- |
Eegalations. sistent with this Act prescribing all matters which by this
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.
The regulations may prescribe penalties not exceeding fifty pounds for any breach of the regulations.
(2) The regulations shall—
(a) be published in the Gazette;
| (b) | take effect from the date of publication or from a later date to be specified in such regulations; and |
| (c) | be laid before both Houses of Parliament within fourteen sitting days after publication if Parlia ment is in session, and if not, then within fourteen sitting days after the commencement of the next session. |
If either House of Parliament passes a resolution of which notice has been given within fifteen sitting days after such regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have effect.
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