Wheat Stabilisation Act of 1938 (2 Geo Vi No. 33) (Qld)

I. PUBLIC ACTS OF THE PARLIAMENT O}-' QUEENSLAND!! 2° GEORGII VI. AGRICULTURE. See also BANKS AND BANKING, BEES, DAIRY PRODUCE, MiLK SUPPLY, PRIMARY PRODUCE, SUGAR, VETERINARY MEDICINE. An Act relating to the Stabilisation of Wheat and 2 3~ o' 33: r' certain Wheat Products, and for other ~~T STABILISATION purposes. OF A{i38. [ASSENTED TO 1ST DECEMBER, 1938.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lativeAssemblyof Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as" The Wheat Stabilisation Short title. Act of 1938." *2. This Act shall commence on a date to be pro- Commence- C 1aI· med by the G overnor I . n C ouncI' 1 by ProcIamta' IOn ment of Act. published in the Gazette, which date is herein referred to as the commencement of this Act. 3 • On the Proclamation of this Act t" The Wheat RtheepAeacltof and Wheat Products Act of 1935 " shall be repealed. 26 Geo. V. ___________________ No.24. * Proclaimed in force on and from 5th December, 1938. See Pro- clamation dated 2nd December, 1938, and published in Gazette of 3rd December, 1938, page 2383. t 26 Geo. V. No. 24, supra, page 15333. A

16896 AGRICULTURE. Wheat Stabilisation Act. 2 GEO. VI. No. 33, Interpreta- 4. In this Act, unless the context otherwise indicates, tion. the following terms have the meanings respectively assigned to them, that is to say:- Commis· sioner of Prices. " Commissioner of Prices"-The Commissioner of Prices appointed for the time bemg pursuant to *" The Profiteering Prevention Act of 1920 " (as amended by subsequent Acts): the term shall also include the person for the time being performing the duties of the Commissioner of Prices ; Committee. "Committee"-The Flour Prices Committee constituted by this Act; Deputy CommIs- sioner of Prices. " Deputy Commissioner of Prices"-The Deputy Commissioner of Prices appointed for the time being pursuant to *" The Profiteering Prevention Act of 1920" (as amended by subsequent Acts): the term shall also include the person for the time being performing the duties of Deputy Commissioner of Prices; Flour. "Flour"-Any substance produced- (a) By gristing, crushing, grinding, milling, cutting, or otherwise processing wheat, or by anyone 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, substances so produced, or (c) By the combination of any of the opera- tions specified in the last two preceding paragraphs and includes self-raising flour but does not include- (i.) Any mixture of any such substances, (ii.) Any substance, other than flour as hereinbefore defined or self-raising flour, for use as or in the manufacture of breakfast foods or foods for birds or live stock, (iii.) Any substance for use in the manufacture of cornflour or meat products or of any other goods not being foodstuffs ; * 10 Geo. V. No. 33, 8upra, page 9213.

AGRICULTURE. 16897 1938. Wheat Stabilisation Act. "Minister"-The Secretary for Agriqulture and Minister. Stock or other Minister of the Crown for the time being administering this Actl; "Person"-The term includes any body or Person. association of persons corporate or unincor- porate; . " Prescribed "-Prescribed by this Aqt; Prescribed. "This Act"-This Act and all ProClamations, This Act. Orders in Council, regulations, and notifica- tions made under the authority of !this Act; "Ton"-Means a ton of 2,000 lb. gross weight Ton. including the weight of any bags oJ packages. 5. This Act shall be read and construedi subject to Construction the *Commonwealth of Australia Constitution !Act and so of Act. as not to exceed the legislative power of th!3 State, to the intent that where any provision of this Act would, but for this section, be 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. 6. (1.) The Governor in Councii may by Pro- Power of clamation- alter~ t. ion of , defimtlOn of (a) Alter the definition of "flour" as i set out in " flour" this Act so as to make it coincide with the : ~ ~; ~ tion. definition of flour set out in any, Common- wealth Act imposing a tax on flour; (b) Declare that any substance whiph by or pursuant to any Commonwealth Act imposing a tax on flour is exempted from that tax, shall not be subject to this Act; I (c) Amend, alter, add to, or otherwise :qlOdify this Act in such manner as he may deem. desirable in order to give effect to any agreeIpent made between the Commonwealth and the States, or to conform to any Act of the· Common- wealth, relating to the stabilisation of wheat and/or wheat products: ' Provided that this paragraph (c) shall bo in force only for a period pf twelve months from the commencement of this Act. (2.) This Act shall be read and construed as if the terms of any such Proclamation were included in this Act. * 63 and 64 Vic. c. 12, supra, page 4565.

16898 AGRICULTURE. Wheat Stabilisation Act. 2 GEO. VI. No. 33, Flour Price 7. (1.) For the purposes of this Act there shall be Committee. constituted a committee to be called "The Flour Price Committee" (hereinafter referred to as" the Committee"). Members. (2.) The Committee shall consist of three members appointed by the Governor in Council who shall be- (i.) The Director of the Bureau of Industry who shall be the chairman of the Committee; (ii.) Either the Commissioner of Prices or the Deputy Commissioner of Prices; (iii.) An officer of the Department of Agriculture and Stock appointed in that behalf by the Governor in Council. Such lastnamed person shall hold office as member of the Committee during the pleasure of the Governor in Council. Notification (3.) The appointment of the Committee as so coof nstitution constituted shall be notified in the Gazette. of Committee. (4.) The Governor in Council shall appoint a deputy to act in lieu of any member, including the chairman of the Committee, during his absence or illness, and such deputy shall, while he so acts, have all of the powers and authorities of the member whose deputy he is: Provided that the deputy for the chairman shall act as chairman during the illness or absence of the chairman. (5.) The Committee shall be constituted when three persons being members or deputies for members are present. General (6.) The Committee shall have and exercise the Cduotmiems itotfee. powers, authorities, and function s conferred upon it by this Act. (7.) For the purposes of this Act the Committee shall have and may exercise all or any of the powers and authorities of the Commissioner of Prices under *" The Profiteering Prevention Act of 1920" (as amended by subsequent Acts) and such Act as so amended shall to this extent apply and extend accordingly. Fixation of 8. (1.) The Committee shall from time to time by minimum notification in the Gazette fix the minimum price at fplroiucre. for which flour may be sold at the place of manufacture by the manufacturer thereof: - -- - -~ - - ~ --- -- * 10 Geo. V. No. 33, 8upra, page 9213.

1938. AGRICULTURE. Wheat Stabilisation Act. 16899 Provided that in no case shall the mimmum price so fixed for ordinary wheaten flour be less than eleven pounds per ton: .Provided, further, that no price fixed junder t~ is . sectIOn shall apply to flour sold for export from Australia. (2.) Any price so fixed for flour may vaty- (a) According to the locality in whic"p- the flour is manufactured; . (b) According to the quantities in which the flour is sold; ! (c) According to the value of the bags~ packages, or other containers in which the flour is sold; (d) According to the quality, grade, o~ variety of the flour; and ! (e) According to any other matters pr circum- stanoes which the Committee think proper to take into consideration. (3.) Every such notification shall- (a) Come into force on a day to be specified therein; (b) Subject to any variation thereof,: remain in force until the day specified therein or, if no day is specified, until revoked by another notification under this Act. i (4.) The Governor in Council may froIh time to time by Proclamation published in the Gazette- (a) On the recommendation of the Committee or with the consent of the Prime MinIster of the Commonwealth of Australia reroke any notification made under this section; (b) On the recommendation of the Committee vary any such notification. i 9. The Committee may by notice in writing served Dut~ to on him either personally or by post require any person ~: = . to furnish it in writing with any particulars las to the amount, price, or value of any wheat or flol}r bought, sold, manufactured, or held in stock by tliat person whether before or after the commencemel\t of this Act.

16900 AGRICULTURE. Wheat Stabilisation Act. 2 GEO. VI. No. 33, Every such notice shall specify the time within which the particulars are to be furnished to the Committee and may require the particulars to be verified by a statutory declaration. Any person who in any particular tails to comply • with a notice under this section shall be guilty of an offence and liabJe to a penalty not exceeding two hundred pounds. This section shall not restrict the power of the Governor in Council to make regulations for securing information as to wheat or flour. Duty to 10. (1.) If any person sells or agrees to sell or observe offers to sell any flour manufactured by him at any fixed price. price below the minimum price fixed under this Act for such flour he shall be guilty of an offence and liable to a penalty not exc~ eding five hundred pounds. If any person upon selling or agreeing to sell, or offering to sell any flour manufactured by him allows or agrees or offers to allow any discount, rebate, allowance, or other deduction whatsoever whereby the purchase price of such flour will be below the minimum price fixed under this Act, he shall be deemed to sell, or agree to sell, or, as the case may be, offer to sell, such flour at a price below the minimum price fixed under this Aet, and shall be liable accordingly. (2,) Any person who aids, abets, counsels, procures, or is in any way knowingly concerned in the commisRion of an offence under this section shall be deemed to have committed that offence and shall be punishable accordingly. (3.) It shall be a defence to this section for the defendant to prove to the satisfaction of the court that the flour with respect to which such offence is alleged to have been committed was for sale or sold for the purposes of export from Australia. Inspection of books. 11. The Committee or any person approved by the Minister and authorised by the Committee in that behalf or in any particular case may at any time enter any premises and inspect any books, accounts, registers, documents, or writings in 01: upon such premises in relation to wheat or flour and may take copies thereof or of any entries therein.

1938. AGRICULTURE. Wheat Stabilisation Act. 16901 Any person who obstructs, hinders, or prevents or interferes with the Committee or any person so iauthorised, or who when requested so to do refuses or feglects to produce such books, accounts, registers, doC!uments, or writings, or refuses to allow any copy as aJforesaid to be taken, shall be guilty of an offence and lliable to a penalty not exceeding one hundred pounds. i 12. (1.) Any person who is guilty of lan offence General against or of a contravention of this Act, or who neglects penalty. or fails to comply with any provision thereof for which no specific penalty is in this Act provided, shljll be liable to a penalty not exceeding one hundred pounds. (2.) All penalties incurred for any offerlce against this Act may be recovered in a summary }v"ay under *" The Justices Acts, 1886 to 1932," and such Henalties so recovered shall be paid into Consolidated Revenue. (3.) Any proceedings may be instituted' .fv:ithin two years after the offence is committed or within ~ ix months after the discovery of the offence, whichever is the later perlO. d . I I 13. (1.) Any information, complaint, or pther legallnform~ tion, proceeding under this Act may be laid, made, I and taken ~ o~ plamts, by any officer of the Department of Agric"\llture and . Stock duly authorised in that behalf by tbie Minister either generally or in any particular case. I (2.) In any proceedings for an allegJd offence Evidence. against this Act it shall not be necessary to iprove the appointment of the Committee or the author~ lty of any authorised officer to lay the complaint or t~ take the proceedings or to do any act or to give ant direction or issue or serve any notice. ! I 14. The Governor in Council may frOIh time to Distribution time arrange for the distribution to wheatgro~ers within ~ o: ~ : a~ t­ the. State of any moneys granted to the State by the Commonwealth by way of financial assistance !in accord- ance with the conditions subject to which t~ e moneys are granted. I Subject to the conditions subject to ~ hich the moneys are granted by the Commonwealth, thd Governor in Council may by Order in Council from tirJ.e to time determine the basis upon which such moneyf shall be so distributed. I * 50 Vie. No. 17 and amending Acts, supra, pages 1132 ~ t seq. I I

16902 AGRICULTURE. Wheat Stabilisation Act. 2 GEO. VI. No. 33, Regulations. 15. (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. Without limiting the generality of the foregoing provisions, the regulations may provide for all or any of the following matters :- (a) The forms which may be used under this Act. (b) Prescribing the furnishing of information or returns relating to wheat or flour or transactions therein; the forms of returns and the contents thereof and the persons (whether millers or growers of wheat, or not) by whom the same shall be made and the time and mode of furnishing the same. (c) Requiring the information in any application, return, or other document under this Act to be verified by statutory declaration. (d) Services of notices. (e) All matters and things which by this Act are permitted to be prescribed or which are necessary or convenient to be prescribed for carrying this Act into effect. (2.) Any such regulations may prescribe penalties , not exceeding one hundred pounds for any contravention thereof or failure to comply therewith. (3.) All such regulations may be made upon the passing of this Act. Effect of 16. (1.) All Proclamations, Orders in Council, G ipnu a b z t e lh t i t ec e atoifon nmoatdifeicuantidoenrs, thains dArcetgsuhlaaltliobnespmubaldiseheodr ipnutrhpeor G ti a n z g ette toanbde Ptirooncsl,am& ca. - tshhealyl uwpeoren esuncahctepdubilnicathtiiosnAbcet oafntdheshsaalml ebeefjfuecdticaiasll i y f noticed; and shall not be questioned in any proceedings whatsoever. The publication in the Gazette of any such Proclamation, Order in Council, notification or regulation shall be conclusive evidence of the power and authority to make same and of all matters contained therein.

AGRICULTURE. 16903 1938. Wheat Stabilisation Act. (2.) All such Proclamations, Orders \n Council, ProclaIM- notifications, and regulations, shall be ~ aid before ~ io~ , ~ c: d Parliament within fourteen days after such IPublication b~ fo: ~ al if then sitting; and, if not then sitting, witliin fourteen ParlIament-. days after the commencement of the next ens-qing session. If the Legislative Assembly, within the next fourteen sitting days after any Proclamations, Ordersi in Council, notifications, or regulations have been so laid before such House, resolves that such Proclamations, I Orders in Council, notifications, or regulations orariy of them ought to be annulled, the same shall after the date of such resolution be of no effect, withou t prejljl.dice to the validity of anything done in the meantime under such Proclamations, Orders in Council, notifications, or regulations or to the making of any new Proclamation, Order in Council, notification, or regulation. For the purpose of this section the term "sitting . days" shall mean days on which the Hou$e actually sits for the despatch of business. ANIMALS AND BIRDS. See DINGOES AND MARSUPIALS. APIARIES. See BEES. BACKWARD PERSONS. See INSANITY.