THE. WHEAT POOL ACTS, 1920 to 1957

Transcription

1 464 THE WHEAT POOL ACTS, 1920 to 1957 Wheat Pool Act of 1920, 11 Geo. 5 No.4 Amended by Wheat Pool Act Amendment Act of 1925, 16 Geo. 5 No. 26 Primary Producers' Organisation and Marketing Act of 1926, 17 Geo. 5 No. 20 Primary Producers' Organisation and Marketing Act Amendment Act of 1928, 19 Geo. 5 No.8 Primary Producers' Organisation and Marketing, Fruit Marketing Organisation, Wheat Pool, and Diseases in Plants Acts Amendment Act of 1930, 21 Geo. 5 No. 22 Wheat Industry Stabilisation Act and Another Act Amendment Act of 1957, 6 Eliz. 2 No. 26 Also showing Modifications made by Proclamation, Gazette 30 June 1956, pp (extending the provisions of these Acts to wheat harvested during the seasons to , both inclusive) and Proclamation, Gazette 2 November 1957, pp An Act to Confer Powers on a State Wheat Board with respect to the Marketing of the Wheat Harvest of the Season ; and for other purposes. [Assented to 29 November 1920] 1. Short title. This Act may be cited as "The Wheat Pool Act of 1920." Collective title is now the Wheat Pool Acts, 1920 to 1957; conferred by Wheat Industry Stabilisation Act and Another Act Amendment Act of 1957, 6 Eliz. 2 No. 26, s. 6 (2). 2. Interpretation. In this Act, unless the context otherwise indicates, the following terms have the meanings assigned to them respectively, that is to say:- "Authorised agent"-any person authorised by the Board to take delivery of any wheat on their behalf in the exercise of their powers under this Act; the term includes any agent, employee, or servant of an authorised agent empowered by such authorised agent to act on his behalf in taking such delivery, and also any agent, employee, or servant of such agent; "Blended wheat"-in any season, wheat harvested during that season with which has been blended or mixed any wheat of a previous season; "Certificate"-Any document in the prescribed form issued by the Board or their authorised agent as evidence of the delivery of wheat by a grower to the Board; "Deliver to the Board"-Deliver or tender or cause to be delivered or tendered to an authorised agent for acceptance on account of the Board any wheat of which it is intended to yield possession to the Board, and derivatives of the word "deliver" used in this connection have a corresponding interpretation;

2 WHEAT POOL ACTS, 1920 TO 1957 ss.i "Grower"-The person by whom any wheat was actually grown; where such wheat was grown pursuant to any share farming agreement, the term includes the parties to such agreement; " Minister" -The Secretary for Agriculture and Stock, or other Minister of the Crown for the time being administering this Act; "Old wheat"-wheat harvested in any past season; "Person" includes any partnership or firm and any body of persons corporate or un incorporate; "Prescribed"-Prescribed by this Act or the regulations; "Regulations"-Regulations made under this Act; "Sell" includes barter and exchange, and "sale" has a corresponding meaning; "State Wheat Board" or "Board" - The State Wheat Board appointed by the Minister under this Act; "Wheat"-All wheat the produce of the soil within any part of the State of Queensland; "This Act" includes the regulations. The definitions "blended wheat" and "old wheat" were substituted by Proclamation of 28 June 1956 (Gazette 30 June 1956) pursuant to the provisions of s. 3. The definition "wheat" was inserted by Proclamation of 28 June Application of Act. Save as herein expressly mentioned, this Act shall apply only to wheat harvested during the seasons to , both inclusive. Provided nevertheless that the provisions of this Act may from time to time be extended by the Governor in Council, by Proclamation published in the Gazette, so as to apply to wheat harvested during any season succeeding the season , with such modifications, if any, as to the Governor in Council may seem proper so as to meet any change of circumstances or conditions, and thereupon this Act (with such modifications, if any) shall apply to the wheat mentioned in any such Proclamation accordingly. The Acts have been extended with modifications from time to time by Proclamation, and now extend up to and including the season. The words extending the Acts to the seasons were substituted by Proclamation dated 28 June 1956, see Gazette 30 June 1956, p The repeal of this Act may be effected by Order in Council under the \Vheat Pool Act Amendment Act of 1925, s. 3 (10) (a), (11), p. 498 post. 3A. This Act, including every Proclamation, Order in Council, Regulation, and By-law made thereunder shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any Proclamation, Order in Council, Regulation or By-law hereunder would, but for this section, have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power. Inserted bv Proclamation 28 June 1956, see Gazette 30 June 1956, pp State Wheat Board. (1) The Minister shall, as soon as practicable after the passing of this Act, appoint a Board of such number of representatives of the growers of wheat and if deemed desirable other persons as he thinks proper, and shall appoint one of them to be Chairman of such Board. 16

3 466 AGRICULTURE Vol. I (IA) Every person who is an uncertificated or undischarged bankrupt or whose property is being administered by a trustee for the benefit of his creditors or who has been convicted of an indictable offence or is undergoing a sentence of imprisonment or who is a mentally sick person within the meaning of "The Mental Hygiene Act of 1938," or any Act in amendment thereof or substitution therefor, shall be disqualified from being appointed and from being or continuing to be a member of the Board and from being nominated or elected as a representative of growers of wheat. If any person while he is a member of the Board becomes disqualified as hereinbefore provided from being or continuing to be a member of the Board such person shall thereupon cease to be a member of the Board. (lb) Every person- (a) Who purchases or who has, within the preceding twelve months purchased from the Board wheat other than wheat for his own use for the purpose of planting or for feeding his own stock or poultry; or (b) Who is or becomes or who has, within the preceding twelve months, been a director, officer or servant of any Company. Corporation or Association, which is the owner of, or has any estate or interest. whether legal or equitable. in any flour mill or any mill or premises used for the manufacture of any article or substance from wheat. or which carries on any business of flour milling or manufacturing any article or substance from wheat, or which purchases. or has within the preceding twelve months, purchased wheat from the Board shall be disqualified from being nominated or elected as a representative on the Board of growers of wheat and from being appointed and from being or continuing to be a representative on the Board of growers of wheat. If any person while he is a representative on the Board of growers of wheat becomes disqualified as provided in this subsection from being or continuing to be a representative on the Board of growers of wheat such person shall thereupon cease to be a member of the Board. (Ie) Regulations may be made prescribing that the representatives of the growers of wheat shall be selected in manner thereby prescribed and may make all necessary provision for and the regulation of the conduct by post or otherwise of the election by the ward system or otherwise from time to time of representatives of growers of wheat for appointment as members of the Board. and for the taking of any poll of growers under this Act; compilation and revision of rolls of growers entitled to vote at elections or polls, making such roll conclusive evidence of the title to vote at any such poll; method of determining the qualification of voters; settlement of disputed elections or questions arising out of or in connection with any election or poll; the tenure of office of members; the filling of casual vacancies therein arising from death. retirement. resignation, or disqualification. (Io) The Board shall be a body corporate under the name and style of the "State Wheat Board," and by that name shall have perpetual succession and a common seal, and subject to and for the purposes of this Act, shall be capable in law of suing and being sued under its corporate name, and shall have power to take, purchase. sell. dispose of. exchange, lease and hold land, goods, chattels and other property and to do and suffer all such other acts and things as bodies corporate may by law do and suffer.

4 WHEAT POOL ACTS, 1920 TO 1957 s All courts, judges, and persons acting judicially shall take judicial notice of the seal of the Board affixed to any document whatsoever, and shall presume that it was duly affixed. All the assets and liabilities of the Board and all powers, authorities, rights, titles, interests, and obligations in or with respect to such assets and liabilities or any of them, shall by virtue hereof remain vested in and imposed upon the Board as a body corporate. Any right of action, or any remedy, accrued to or against, and any power or authority vested in or exercisable by, and any agreement, undertaking, mortgage, debenture, bond, lease, deed, guarantee, covenant, or obligation made, given, or entered into by, to, or with the Board, may be prosecuted and enforced by or against the Board as if the right of action or remedy had accrued to or against, or the power or authority had been vested in or exercisable by, or the agreement, undertaking, mortgage, debenture, bond, lease, deed, guarantee, covenant, or obligation had been made, given, or entered into by, to, or with the Board in its corporate capacity. (2) The Board shall not be deemed to represent the Crown for any purpose whatsoever. (3) The Board shall have the powers and perform the duties conferred and imposed upon it by this Act. The members of such Board shall be paid such remuneration as the Minister thinks fit. (4) A majority of the members of the Board shall form a quorum at any meeting, and shall have all the powers and authority conferred upon the Board by this Act. (5) In case of the illness, suspension, or absence of any member of the Board, the Minister may appoint a deputy to act for such member during his illness, suspension, or absence; and every such deputy shall, while so acting, have all the powers and carry out all the duties of such member. Provided that in the case of the illness, suspension, or absence of the Chairman of the Board the Minister may appoint a person, who may be a member of the Board, Acting Chairman of the Board during such illness, suspension, or absence, and the Acting Chairman, while so acting, shall have all the powers and carry out all the duties of the Chairman of the Board. (5A) If the Director of Marketing is appointed a member of the Board, the Minister may from time to time appoint another person or persons with general authority to act in the room of the Director of Marketing during any absence of the said Director, and the fact that any such person so acts shah be conclusive evidence of the absence of the said Director. (5B) No act or proceeding purporting to be done or made by the Board shall be or be held to be invalid by reason that the Board was not properly constituted or by reason of any invalidity or irregularity in the appointment or election or disqualification, as the case may be, of any member or members of the Board, or by reason of any vacancy amongst the members thereof. (6) The Board shall cause minutes of their decisions to be kept. (7) The Minister shah have the power to fix a date on and after which the functions of the Board under this Act shall cease. Subsections (la), (lb), (Ie), (ID) inserted by Proclamation 28 June 1956, see Gazette 30 June 1956, pp

5 468 AGRICUL 11JRE Vol. 1 Subsection (3) amended by Proclamation 28 June New subsection (4) inserted by Proclamation 28 June Proviso to subsection (5) inserted by Proclamation 28 June Subsections (5A), (5B) inserted by Proclamation 28 June This Act may be repealed, and the State Wheat Board dissolved, by Ordt:r in Council under the Wheat Pool Act Amendment Act of 1925, s. 3 (10), (II). Act referred to: See now Mental Health Act of 1962, title MENTAL HEALTH. 4A. General powers of Board. The Board may, for the purposes of this Act, from time to time exercise all or any of the following powers:-- (i) Purchase, contract for the use of. or otherwise provide and hold any land which may be required by the Board, and any personal property whatsoever; (ii) Contract for the use of or erect or otherwise provije any buildings or structures, including new grain sheds, and repair, equip, furnish, and maintain any buildings or structures; (iii) Raise by way of mortgage a sum or sums of money upon the security of the assets (being the real and personal property) of the Board for such purposes and subject to such terms and conditions as to the Board seem proper; (iv) Dispose of any property held by them under the foregoing provisions in paragraphs (i) and (ii) contained, for such price and on such terms and conditions as to the Board seem proper or as may be prescribed. Inserted by the Primary Producers' Organisation and Marketing Act Amendment Act of 1928, 19 Geo. 5 No.8, s. 5; amended by the Primary Producers' Organisation and Marketing, Fruit Marketing Organisation, Wheat Pool, and Diseases in Plants Acts Amendment Act of 1930, 21 Geo. 5 No. 22, s. 15. see title PRIMARY PRODUCE. 5. Powers of Board. The Board may sell or arrange for the sale of wheat, and do all acts, matters, and things necessary or expedient in that behalf accordingly; and in particular, but without limiting the generality of the foregoing powers may- (i) Appoint, employ, or authorise such agents, officers, servants, and other persons as are necessary; but no person appointed, employed, or authorised by the Board shall receive as or by way of remuneration for his services, whether directly or indirectly, any buying commission or selling commission upon the purchase or sale of wheat: Provided that the ruling rates of selling commission may be received in the case of sales of wheat not suitable for gristing; (ii) Arrange with any bank or banks, or with the Government of the Commonwealth, for financial accommodation; (iii) Set aside, retain, reserve, and store such amount of wheat as is deemed proper for future sale as seed-wheat for the ensuing season; (iv) Purchase bags, twine, and other such materials deemed by the Board necessary or desirable to assist growers to deliver their wheat to the Board and sell such materials to such growers and with the approval of the Minister to other persons upon such terms as the Board thinks fit;

6 WHEAT POOL ACTS, 1920 TO 1957 SIS.4-5B 469 (v) Insure wheat, whether before or after delivery to the Board. against damage by fire, storm, flood, hail, or any contingency whatsoever. If any grower's wheat crop shall be damaged by hail, the Board shall pay to the grower or to any lienee recognised in accordance with the provisions of this Act the amount received by the Board in respect of insurance after making allowance for any premium paid by it, for any certificate issued in respect of the said wheat, and for any other moneys paid or owing by and expenses or liabilities incurred by the Board in respect of the said wheat; For the purpose of insuring wheat against damage by fire. the Board shall be deemed to have and retain an insurable interest in all wheat retained by growers for feed or seed purposes, or sold to growers for either of such purposes, either by or through the Board, in pursuance of the provisions of section 6 (4) of this Act; (vi) Be appointed and may become and be a licensed receiver under and for the purposes of the Wheat Industry Stabilization Act, 1954, of the Commonwealth of Australia or "The Wheat Industry Stabilisation Act of 1954" of the State of Queensland or any Act in amendment of or substitution for the said Acts or either of them. Paragraphs (iv), (v), (vi) added by Proclamation 28 June 1956, see Gazette 30 June 1956, pp Acts referred to: (Commonwealth) Wheat Industry Stabilization Act 1954, see now Wheat Industry Stabilization Act Wheat Industry Stabilisation Act of 1954, see now Wheat Industry Stabilisation Act of Primary Producers' Organisation and Marketing Acts, 1926 to 1957, see title PRIMARY PRODUCE. There appears to be no obligation upon the Board to entcr into a contract for sale of wheat to any person desiring to buy. See Smith v. William Charliek Ltd. (1923), 34 C.L.R. 38. For power to borrow money, see also s. 58. SA. The Board may with the approval of the Minister receive, handle, store and treat grain other than wheat on behalf of and as agent for a board constituted under "The Primary Producers' Organisation and Marketing Acts, 1926 to 1955," or any Act in amendment thereof or substitution therefor or any other Act relating to the delivery to a board of grain other than wheat. 5B. (1) The Board may from time to time borrow money from any bank or banks or from the Government of the Commonwealth or from the Government of Queensland (and the Government of Queensland is hereby authorised to so lend such money) or from any institution or company approved by the Governor in Council at interest at any agreed rate and on such terms and subject to such conditions as may be agreed (and of such amounts and on such terms and subject to such conditions, if any, as the Governor in Council may in his discretion determine in respect of any such borrowing from any such institution or company) for the purpose of enabling them to carry into full execution the objects of this Act, including the making or arranging for advances under section 10 hereof, the purchasing of wheat under section loa hereof, and the making to the Australian Wheat Board of advances under section lob hereof and in order to secure the due repayment of all moneys so borrowed and all further advances together with interest from time to time accruing, may

7 470 AGRICULTURE Vol. 1 grant such security in a form to be approved by the Crown Solicitor of Queemland, whether by way of mortgage. bill of sale. pledge, lien, deposit, or otherwise howsoever over- (a) The said wheat or any product or preparation made by or for the Board, or any article or thing used or intended to be used in or about the preparation or packing of the said wheat. or over any product or preparation thereof made by or for the Board (all of which wheat products, preparations, articles, and things are hereinafter in this section referred to as included within the term "the said commodity") as will place the said commodity under the legal control of such bank, Commonwealth Government or State Government (as the case may be), institution, or company; (b) The book-debts and other debts due and owing or that may become due and owing to the Board in respect of any of the said commodity sold or disposed of. and the accounts and books of account kept by or for the Board in respect of such sale or disposal; (c) Any lien, security, draft, bill of exchange, bill of lading, policy of insurance, and any other deed. document, instrument, writing, or other evidence of ownership or interest in or security acquired or held or that may be acquired or held by the Board in respect of the said commodity or any part thereof; and/or (d) All or any real or personal property to which the Board now is or may hereafter become entitled. (2) The provisions of "The Bills of Sale and Other Instruments Act of 1955," or any Act amending or in substitution for the same, shall not apply to any instrument of security granted by the Board under this section, and notwithstanding the provisions of any law to the contrary every such instrument of security shall take effect from the date of its execution. (3) Without limiting the power of the parties to any such instrument of security to agree to any other terms and conditions not inconsistent with the provisions of this section, dny instrument of security granted by the Board under this section may confer upon the bank. Commonwealth Government or State Government (as the case may be), institution, or company to which the same is granted power in the event of the Board making default in the due performance, fulfilment or observance of any of their obligations under such instrument, from time to time to demand and to receive from the Board or from any agent of the Board immediate and peaceable possession of so much of the said commodity covered by the said security as may be in the possession or control of the Board or of such agent, and if such demand is not forthwith complied with to seize and take possession thereof, and for that purpose to enter upon and break into by force if necessary any lands or premises of or under the control of the Board or of any such agent wherein or whereon the said commodity or any part thereof may be found, or notwithstanding any other provisions in this Act contained to recover possession thereof from the Board or from any such agent by action or other proceeding in any Court of competent jurisdiction, and thereafter sell the said commodity so taken possession of, and also from time to time to demand the immediate payment over by the Board or by any of their agents of the net proceeds arising from the sale or marketing of any of the said commodity covered by the said security for the time being undistributed and remaining in the possession or under

8 WHEAT POOL ACTS, 1920 TO 1957 ss.5b 5C 471 the control of the Board or of such agent, and failing such immediate payment, notwithstanding any other provisions in this Act contained from time to time, to take proceedings by action or other appropriate remedy in any Court of competent jurisdiction against the Board or against any such agent for an account of the proceeds arising from such sale or marketing and for the recovery of the amount of such net proceeds to be ascertained on the taking of such account. Inserted by Proclamation 28 June 1956 (Gazette 30 June 1956, pp ), as amended by the Wheat Industry Stabilisation Act and Another Act Amendment Act of 1957, 6 Eliz. 2 No. 26, s. 7. Act referred to: Bills of Sale and Other Instruments Act of 1955, see title MERCANTILE LAW. 5c. (1) In addition and without prejudice to the powers contained in section 5B of this Act, the Board may from time to time, for the purpose of enabling it to exercise and perform its functions, borrow money by the sale of debentures. (2) Before entering into negotiations to borrow money by the sale of debentures, the Board shall first obtain the sanction of the Treasurer of Queensland authorising it to enter upon such negotiations, and for the purpose of obtaining that sanction the Board shall submit to the Treasurer such information as the Treasurer may require. (3) The Board shall be and be deemed to be a "local body" under and within the meaning of "The Local Bodies' Loans Guarantee Acts, 1923 to 1936," the provisions of which shall, subject to such modifications thereof as the Governor in Council may by Order in Council prescribe either generally or in respect of any particular loan, apply and extend accordingly. (4) All moneys borrowed by the Board shall be expended for the purpose for which the Board was authorised to borrow the same and not otherwise. If any amount of a loan remains unexpended upon the completion of the purpose for which such loan was borrowed such amount shall be applied as directed by the Minister. (5) All debentures issued under the authority of this Act- (i) Shall be sold in such amounts or parcels, at such times and places in or outside Queensland, and in such a manner as the Board thinks fit; (ii) Shall with interest thereon be charged and secured upon the assets and revenues of the Board, subject to any prior debentures issued according to law; (iii) Shall bear interest at the rate and be redeemable at such date or dates and at such place or places in or outside Queensland as specified therein; (iv) May, with the consent of the holder thereof, be paid off at any time previous to the due date thereof at not more than the amount of the principal remaining unpaid at the time in respect thereof or (with the consent of the Treasurer) at a premium, with interest thereon to date of payment only. (6) Interest secured by any such debentures shall be payable at such times and at such place or places in or outside Queensland as are set forth thereon.

9 472 AGRICULTURE Vol. 1 (7) (a) Every debenture issued under this Act shall be sealed with the seal of the Board (and when so sealed shall be taken to have been duly issued and the holder thereof shall not be bound to enquire whether such issue was in fact duly authorised), and shall be numbered consecutively so that no two debentures shall at any time bear the same number, and shall be repayable, both as to the principal and interest, at the place and at the time specified therein. (b) Every debenture may have annexed thereto for every payment (whether of principal or interest or principal and interest) to grow due thereon a coupon, and every debenture and every coupon shall be transferable by delivery, and payment to any person in possession of any such debenture or coupon of the sum named therein shall discharge the Board from all liability in respect of that debenture or coupon. Where a debenture or coupon is not transferable by delivery that fact shall be expressly stated on the face thereof. (c) The holder of any such debenture to which coupons have not been originally annexed shall be entitled to receive payment from the Board of the principal sum named therein and interest in terms of the debenture upon presentation of such debenture, on or after the due date thereof, at the place where the same is expressed to be made payable; and the holder of any coupon originally annexed to a debenture, and whether separated therefrom or not, shall be entitled to receive payment in like manner of the sum mentioned in such coupon upon presentation of the same at the place where, and on or after the date when, such sum is payable. (8) No notice of any trust express, implied, or constructive shall be received by the Board or by any officer or other servant or any agent of the Board in relation to any debentures issued under the authority of this Act, and the Board or any such officer, servant or agent shall not be bound to see to the execution of any such trust to which any such debentures may be subject. (9) A person advancing money to the Board and receiving in consideration of such advance any debentures issued under the authority of this Act shall not be bound to inquire whether the issue of such security was in fact duly authorised or into the application of the money advanced or be in any way responsible for the nonapplication or misapplication thereof. Inserted by Proclamation 28 June 1956 (Gazette 30 June 1956, pp ). Act referred to: Local Bodies Loans Guarantee Acts, 1923 to 1957, sec title LOCAL BODIES LOANS GUARANTEE. 6. (1) All wheat to be delivered to the Board. Save as hereinafter prescribed, all wheat shall be delivered by the grower thereof to the Board or its authorised agents, or shall be forwarded or consigned by the grower thereof to any destination or destinations as may be required by the Board, by the nearest usual practicable road or railway within such times, at such places, and in such manner and quantities, description, and condition as the Board may from time to time fix by written notice under the hand of the chairman or manager or secretary of the Board sent or delivered to the grower or by notice published in any newspaper or newspapers circulating in the district or area where the wheat is grown. Any notice under this section may be either a notice to growers generally or a notice to growers in a particular district or area, particular districts or

10 WHEAT POOL ACTS, 1920 TO 1957 ss.sc areas, or a notice to an individual grower or individual growers. The Board may fix different requirements or issue different instructions by different notices, and any notice under this section may be cancelled or superseded or varied by any subsequent notice. (la) A grower shall not without the prior written consent of the Board remove or permit to be removed any of the wheat grown by such grower from the grower's premises, except for the purpose of delivery thereof to the Board or its authorised agent or for forwarding or consigning as required by subsection (1) of this section. (2) All wheat so delivered shall be deemed to have been delivered to the Board for sale by the Board on behalf of the owners thereof. (3) Prohibition of sales, etc., of wheat except to Board. Any person who, save as hereinafter prescribed, sells or delivers any wheat to or buys or receives any wheat from any person other than the Board, or who is guilty by act or omission of any contravention or evasion of subsection (1) or subsection (la) of this section, shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding five hundred pounds, and such sale, delivery, or purchase shall be void and of no effect whatsoever. If at any time the chairman or manager or secretary of the Board shall suspect that any grower or person has sold or supplied or delivered or otherwise disposed of any wheat to, or has bought or received or otherwise obtained any wheat from any person other than the Board such chairman or manager or secretary may from time to time, by notice in writing under his hand authorise any inspector of the Board, and any member of the Police Force is hereby authorised, to inspect and take copies of all or any books, papers, vouchers, account sales, return sales, records, invoices, or other documents or writing of such grower or person for the purpose of ascertaining whether such grower or person, and whether as principal or agent or in any other capacity, has sold or supplied or delivered or otherwise disposed of any wheat to, or has bought or received or otherwise obtained any wheat from, any person other than the Board (and, if so, what quantity), and for such purpose the person or persons so or hereby authorised may enter into or upon any office. land, building. premises, or other place of such grower or person, and each such grower or person shall provide all reasonable facilities for such entry, inspection, and copying, and each such grower or person. and every officer, agent, and servant of such grower, or person, shall furnish to the person or persons so authorised all such information in the power, possession or knowledge of such grower or person or officer, agent, or servant of such grower or person, as the case may be, as may be requested of him or it. Any such grower or person, officer, agent, or servant who obstructs, hinders, prevents, or interferes with any person or persons so authorised, or who fails or omits to provide any reasonable facility for any such entry. inspection, or copying, or who refuses or neglects to furnish any such information as aforesaid shall be liable to a penalty not exceeding One hundred pounds but not less than Ten pounds. (4) Exemptions. The Board may, in such cases and on such terms and conditions as may be prescribed, exempt (either generally or in any particular case) from the operation of this section- (a) Sales or purchases of seed wheat by growers of wheat to or from growers of wheat for bona fide use by the purchasers in their farming operations;

11 474 AGRICULTURE Vol. 1 (b) Sales by growers of wheat or purchases of wheat from the growers thereof of a quality below that fit for milling purposes for bona fide use by the purchasers as food for their poultry and stock; and (c) Such other sales and purchases as may be prescribed. (5) The Board's decision as to whether any specified wheat falls within the limits of any such exemption shall be final. (6) The Board may at any time, by notification published in the Gazette, revoke any such exemption. New subsection (J) inserted by Proclamation 28 June 1956 (Gazette 30 June 1956, pp ). Subsection (la) inserted by Proclamation 28 June Subsection 3 amended by Proclamation 28 June 1956, and new paragraph added by Proclamation 31 October 1957 (Gazette 2 November 1957, pp ). 7. Delivery to be made in name of grower. All wheat delivered to the Board shall be delivered in the name of the grower of such wheat. Any person who fails to comply with this section shall be guilty of an offence against this Act. See also s Deleted by Proclamation 28 June Board's decision as to quality of wheat, etc., to be final. (i) The Board shall not refuse to accept from any grower any wheat of merchantable quality delivered in accordance with this Act. (ii) The Board shall pool all wheat delivered to it under this Act. and shall divide the net proceeds received from the sale of such wheat amongst the growers in proportion to the amount of wheat each grower delivers to and has accepted by the Board. (iii) The Board's decision as to the quality of wheat, dockages, cost of storage and of freight, together with other charges and expenditure incurred in and about the marketing of wheat, shall be final. New s. 9 inserted by Proclamation 28 June 1956 (Gazette 30 June 1956, pp. t ). Where wheat has not been sold and the grower has received advances which may prove to exceed the proceeds of sale of the wheat, there is no debt "owing or accruing" to him in respect of such wheat and capable of attachment as such. See Shilliday v. Stevenson (1921), 15 Q.J.P.R. 175; R.S.C. (1900), Ord. 4.9, r. 1. title SUPREME COURT; Magistrates Courts Rules, 1960, r. 259, title JUSTICES. 10. Issue of certificates and payment in connection with wheat delivered to Board. (1) As soon as practicable after the receipt of any wheat, the Board shall issue to the grower thereof a certificate in the prescribed form: Provided that the Board, if they receive notice of any lien over such wheat, may in their discretion refuse or withhold the issue of such certificate. (2) Where the wheat is grown under a share-farming agreement the Board may, in their discretion, issue a separate certificate to each of the parties to such agreement.

12 WHEAT POOL ACTS, 1920 TO 1957 ss (3) Such certificate shall not be transferable. except by way of security approved by the Board. (4) The Board. pending receipt of all moneys payable for wheat sold. may make or arrange for an advance or advances to any grower of wheat delivered to and accepted by the Board. (5) In the event of the Board borrowing any money from any bank. or from the Government of the Commonwealth, or from the Government of Queensland, or from any institution or company referred to in section 5B of this Act. and making or arranging for advances on account of wheat delivered to the Board as mentioned in the last preceding subsection of this section, the Board may impose as a condition for any such advance to a grower to whom a certificate under this section has been or is being issued that such grower shall assign such certificate and all the right, title. and interest of the grower therein or thereunder to the Board as and by way of security. Upon such assignment of any such certificate the Board is hereby empowered in their discretion to pledge the same or deposit the same by way of equitable mortgage with such bank, Commonwealth Government, or State Government (as the case may be), institution, or company as security collateral to any instrument of security granted under the provision of section 5B of this Act to such bank. Commonwealth Government, or State Government (as the case may be). institution. or company. Proviso to subsection (l) substituted by Proclamation 28 June 1956 (Gazette 30 June 1956, pp ). Subsection (4) substituted by Proclamation 28 June Subsection (5) inserted by Proclamation 28 June 1956, ibid, as amended by Proclamation 31 October 1957 (Gazette 2 November 1957, pp ). See also s. 18. loa. Power of Board to purchase and sell wheat. Notwithstanding any provision of this Act the Board may purchase from the Australian Wheat Board constituted by the Wheat Industry Stabilization Act 1954 of the Commonwealth wheat produced in Queensland or in any other State, or in any Territory of the Commonwealth, and may sell any wheat so purchased by it. Inserted by Act of 1957, 6 Eliz.2 No. 26, s.8. Act referred to: See now Wheat Industry Stabilization Act (Commonwealth), lob. Advances by Board to the Australian Wheat Board. The Board may arrange with the Australian Wheat Board constituted by the Wheat Industry Stabilization Act 1954 of the Commonwealth for the making by the Board of advances to the Australian Wheat Board for the purpose of providing the funds necessary to make the increased payment referred to in subsection (2A) of section twelve of "The Wheat Industry Stabilisation Acts, 1954 to 1957," and for the repayment of any such advance and the payment of interest thereon. Inserted by Act of 1957, 6 Eliz.2 No. 26, s.8. Acts referred to: See now Wheat Industry Stabilization Act (Commonwealth). and the Wheat Industry Stabilisation Act of See p. 502 post. 11. Use of railway grain-sheds to be given to Roard. Notwithstanding anything contained in "The Railways Act of 1914," and notwithstanding the provisions of any grain-shed lease or other instrument or agreement

13 476 AGRICUCTURE Vol. 1 (whether oral or in writing, and whether made before or after the passing of this Act) whereby the Queensland Commissioner for Railways has or has purported to demise or let or grant or permit the use and occupation of any railway grain-shed or structure used for storing grain upon any premises or land vested in or occupied by the said Commissioner to any person for any term or period, the Board shall have full liberty and authority to use and occupy. for the purposes of this Act. any such railway grain-shed or other structure, and may make such arrangements in that behalf with the said Commissioner as are deemed necessary; and any lease, instrument, or agreement (whether oral or in writing, and whether made before or after the passing of this Act) in contravention of or inconsistent with the provisions of this section shall be void and of no effect. Such compensation as the Board may deem just shall be paid for the cancellation of any lease, instrument, or agreement. Act referred to: Railways Acts to 1961, see title RAILWAYS AND TRAMWAYS. 12. (1) Contracts for sale of wheat and flour. Every contract which is made in or outside of Queensland, whether before or after the passing of this Act, so far as it relates to the sale of Queensland wheat or flour or other product of wheat for delivery in or out of Queensland shall, when specified by the Board in a notification published in the Gazette, be and is hereby declared to be and to have been void and of no effect as from the date upon which it was made, so far as such contract has not been completed by delivery at the date of such notification: Provided that for the purposes of this section any such contract shall be deemed to be severable. (2) Any transaction or contract with respect to any wheat or flour or other product of wheat which is the subject-matter of any contract or part of a contract declared by this section to be void shall also be void and of no effect. and any money paid in respect of any contract or part of a contract hereby made void or of any such transaction shall, to the extent to which the said contract or transaction is made void, be repaid. (3) Interstate contracts excluded. Nothing in this section shall apply to wheat or flour or other product of wheat the subject of an interstate contract. As to the validity and effect of this section. see Peanut Board v. Rockhampton Harhour Board (1932), 48 C.L.R. 266; New South Wales v. The Commonwealth (1915),20 C.L.R. 54; Delaney v. Grear Western Milling Co. (1916).22 c.l.r. 150; Oekerby v. Murdoch (1916).22 C.L.R. 420; Howard. R. S. & Sons Ud. v. Brtlnton (1916), 21 C.L.R. 366; Munro. A. C. & Sons Pry. Lrd. v. Sheehy. [1934] St. R. Qd Wheat not to be gristed unless with previous authority. Any person who. save in such quantities and upon such conditions as are permitted to him by the Board, grists any wheat (whether into flour or other product of wheat) for any other person after the passing of this Act shall be liable to a penalty not exceeding five hundred pounds; and any contract entered into (whether before or after the passing of this Act) in contravention of or inconsistent with the provisions of this section shall be void and of no effect. Amended by Proclamation 28 June 1956 (Gazette 30 June pp ). 14. Power of Railway Commissioner, etc., to refuse to carry certain wheat or flour. Notwithstanding anything in "The Railways Act of 1914," or the law relating to common carriers, or any agreement to the contrary

14 WHEAT POOL ACTS, 1920 TO 1957 ss.11-15a 477 (whether made before or after the passing of this Act), the Queensland Commissioner for Railways and any common carrier and any owner, charterer, master, or agent of any ship may, on the request of the Board, without incurring liability refuse to carry any wheat or flour or other product of wheat (not the subject of an interstate contract) from any place in Queensland to any other place in Queensland, or, except as prescribed, to deliver any such wheat or flour or other product of wheat. Act referred to: Railways Acts, 1914 to 1961, sec title RAILWAYS AND TRAMWAYS. 15. Board may require holders of wheat, etc., to furnish returns. (1) The Board may from time to time, by notice in the Gazette and two newspapers published in the State, or by written notice under the hand of the chairman or manager or secretary of the Board sent or delivered to holders of wheat require holders of wheat (including, if deemed proper, old wheat or blended wheat) or of any product of wheat to furnish a return in the form specified in such notice, showing the quantity of wheat or of any or all products thereof held at any time specified in such notice, and setting forth such other particulars (if any) as may be specified therein. (2) Any holder who fails to furnish a return as herein prescribed or to comply with any of the requirements of such notice, or who wilfully furnishes any false or misleading return, shall be guilty of an offence against this Act. Subsection (l) amended by Proclamation 28 June 1956 (Gazette 30 June 1956, pp ). Subsection (2) amended by Proclamation 31 October 1957 (Gazette 2 November 1957, pp ). Offences, see also s A. (1) Except for the purpose of delivery thereof to the Board or its authorised agent, or of forwarding or consigning to a destination or destinations as required by the Board by the nearest usual and practicable road or railway as provided by section 6 (l) of this Act, and notwithstanding any expressed or implied agreement to the contrary whether made now or hereafter, no person and (notwithstanding the law relating to common carriers) no common carrier shall carry or cause to be carried, at any place in the State of Queensland any wheat not being wheat that has been delivered by the grower thereof to the Board or its authorised agents or that has been forwarded or consigned by the grower thereof to any destination or destinations required by the Board in accordance with the requirements of subsection (1) of section 6 of this Act, or wheat that has been exempted by the Board from the operation of section 6 of this Act by an exemption not revoked, unless and until such person or common carrier shall have obtained or received from the Board a permit under the hand of the chairman or manager or secretary of the Board authorising such person or common carrier so to do. Any such permit may be of either a general or a limited nature, and may contain such conditions and may grant such authority whether of a general, or limited, or specific nature, as the Board may determine. (2) Such permit shall contain such conditions and continue for such period as the Board may determine, but shall be forthwith determined upon the breach by the holder thereof of any such conditions, or upon notice under the hand of the chairman or manager or secretary of the Board delivered at any time to the holder of such permit, or left at his usual or last known place of business or abode. The decision of the Board as to the conditions and period of such permit shall be final.

15 478 AGRICULTURE Vol. 1 (3) The Board may absolutely in its own discretion refuse to grant a permit under subsection (1) hereof to any person or common carrier, and it shall not be necessary for the Board to assign the reason or any reason for such refusal, and the decision of the Board on any such question shall be final. (4) Every person or common carrier to whom a permit has been granted under subsection (1) hereof shall, whilst carrying any wheat in accordance with the terms of such permit:- (a) Carry such permit with him or it; (b) Produce such permit to be inspected by any inspector of the Board or by any member of the Police Force, at all times. (5) The Board may, from time to time, appoint any person or persons, approved by the Minister, whether or not an employee or employees of the Board, to be an inspector or inspectors for the purposes of this Act. All members of the Police Force of the State of Queensland are hereby appointed and shall hereafter at all relevant times be deemed to be inspectors of the Board for the purposes of this Act. (6) Any such inspector or any member of the Police Force may at all times on any road or in on or about any other place or on any land building or premises whatsoever or wheresoever situate or elsewhere in the State of Queensland, examine any wagon, lorry, truck, trailer, cart, dray, car, carriage, trolley, traction-engine, or any other vehicle or other means of transport or conveyance whatever upon which such inspector or member of the Police Force may suspect any wheat is being carried or is carried contrary to the provisions of this Act, and/or may order any driver or other person in charge thereof to stop the same for sufficient time to allow any goods or load carried thereon to be inspected, and / or may search and inspect any goods or load carried thereon, and/or may seize and detain any wheat found thereon which such inspector of the Board or such member of the Police Force may suspect is being carried therein or thereon contrary to this Act, and / or may order any such driver or other person in charge of any such vehicle or other conveyance as aforesaid to deliver the same to the Board as hereinafter prescribed. Any person who obstructs, hinders or prevents, any inspector of the Board, or any member of the Police Force examining any wagon, lorry, truck, trailer, cart, dray, car, carriage, trolley or any traction-engine or any other vehicle or any other means of transport or conveyance whatever, or any such driver thereof or other person in charge of any such vehicle or other conveyance as aforesaid who refuses to comply with or fails to observe any order to stop, or to allow any search or examination to be carried out as aforesaid or to carry out or comply with any order for delivery of any wheat to the Board consequent upon a seizure thereof by any such inspector or member of the Police Force, as provided in this subsection, shall be guilty of an offence against this Act and shall be liable upon conviction to a penalty not exceeding One hundred pounds but not less than Ten pounds. (7) Every person or common carrier who is guilty by act or omission of any contravention or evasion of subsection (1) of this section shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding five hundred pounds. (8) Every person or common carrier who fails to comply with the provisions of paragraphs (a) or (b) of subsection (4) of this section shall be guilty of an offence against this Act.

16 WHEAT POOL ACTS, 1920 TO 1957 ss.15a-15c 479 (9) The Board may by notice in writing under the hand of its chairman, or manager, or secretary call upon any grower or any person or carrier to furnish to it from time to time within such time as is specified in the notice such documents and returns containing such true information and particulars as the Board deems necessary in relation to compliance with this Act or any Proclamation made thereunder or Regulations made thereunder and for the time being in force in relation to wheat, or to any suspected contravention thereof. (10) Any such grower, person, or carrier who without reasonable excuse (proof whereof shall lie upon him or it) fails after service upon him or it of a notice under the last preceding paragraph hereof to comply with the requirements of such notice shall be guilty of an offence against this Act and liable upon conviction to a penalty not exceeding one hundred pounds. (11) In every or any case in which a notice is by this Act or by any Proclamation made thereunder or Regulations made thereunder and for the time being in force in relation to wheat, directed or authorised by the Board to be given to any person the same may be given or served by the Board upon such person, either personally or by sending it through the post in a prepaid envelope addressed to such person at his place of residence or business last known to the Board. Any notice sent by the Board by post shah be deemed to have been served or given at the time when in the ordinary course of post it should have been delivered. This section inserted by Proclamation 28 June 1956 (Gazette 30 June 1956, pp ). Paragraph (b) of subsection (4) substituted by Proclamation 31 October 1957 (Gazette 2 November 1957, pp ). Subsections (5) and (6) substituted by Proclamation 31 October B. The Board may from time to time, by writing under the hand of its chairman or manager or secretary, authorise any inspector of the Board. and any member of the Police Force is hereby authorised, to inspect and take copies of all or any books, papers, vouchers, account sales, return sales, records, invoices, or other documents or writing of any grower or any person for the purpose of ascertaining or verifying any of the particulars set forth in any return relating to sales and / or purchases and/or storage of wheat, or that ought to be set forth in any such return, and for that purpose the person or persons so or hereby authorised may enter into or upon any office or premises of such grower or such person and each such grower or person shah provide all reasonable facilities for such entry, inspection and copying. and each such grower or person and every officer, agent, and servant of such grower or person shall furnish to the person or persons so authorised all such information in the power of such grower or person or officer, agent, or servant of such grower or person, as the case may be, as may reasonably be requested of him or it. Any failure or omission by any such grower or person, officer, agent, or servant to provide any reasonable facility for any such entry, inspection, and copying or to furnish any such information as aforesaid shall be and be deemed to be an offence against this Act. Substituted by Proclamation 31 October 1957 (Gazette 2 November 1957, pp ). 15c. (1) Any inspector may seize and detain any wheat which he suspects is being carried or removed from one part of Queensland to another part thereof or from or out of any place or from or out of one

17 480 AGRICULTURE Vol. 1 portion of any place or to any other portion of the same place and / or which he suspects is being carried contrary to the provisions of this Act and which he decides to seize and detain as prescribed by subsection (6) of section 15A hereof. (2) The inspector shall thereupon issue an Order in writing in the prescribed form or to the like effect (as set forth in the First Schedule hereto) to the driver or other person in charge of any such vehicle or conveyance so stopped and/or examined and/or detained and/or otherwise dealt with as by the said subsection (6) of section 15A allowed. Such Order shall specify the quantity or quantities of wheat so seized and detained and shall be signed by the inspector and dated and shall be given to or served upon such driver or other person in charge of any such vehicle or conveyance or such other person concerned and the delivery howsoever by the inspector of such Order to such driver or other person in charge of any such vehicle or conveyance or such other person concerned shall be sufficient notification to that driver or other person or persons and / or to all other persons concerned that the inspector has so seized and detained such wheat as shall be therein in such Order specified. Furthermore, the inspector may, if he so desires, mark or otherwise identify in whatever way or manner he may see fit the whole or any part of the wheat so seized and detained by him. (3) Any wheat seized and detained by an inspector under this Act shall be delivered by such inspector to the Board or to such one or more of the Board's depots or to such other place or places as the inspector may deem necessary or convenient under the circumstances and at such time or times as may similarly be necessary or convenient in that behalf and for that purpose any such driver or other person in charge of any such vehicle or conveyance or other person concerned shall be obliged to carry out, obey and fulfil any such orders, directions, instructions, or other provisions as may be necessary and duly issued to him, them or it by such inspector in that behalf. Any such driver or other person in charge of any such vehicle or conveyance or other person concerned who refuses to comply with or fails to observe, carry out, obey or fulfil any such order, direction, or instructions of an inspector shall be guilty of an offence against this Act and shall be liable upon conviction to a penalty not exceeding One hundred pounds but not less than Ten pounds. The costs and expenses of and incidental to such removal, delivery, and storage shall be a charge in favour of the Board against any wheat so seized and detained. (4) Any wheat so seized and detained shall be deemed to have been delivered to the Board for sale under and in accordance with the provisions of this Act unless any person shall within three months from the date of the seizure of such wheat prove to the satisfaction of the Board that that wheat is not wheat that should have been delivered to the Board under this Act and that such person is the owner of that wheat or otherwise entitled to the possession thereof. (5) Any wheat so deemed to have been delivered to the Board for sale under this section shall subject to the provisions of subsection (4) hereof be sold by the Board as if same had been delivered to the Board for sale under this Act, and the proceeds of such sale shall be deemed to be the amount for which the Board would be liable to account to a grower in accordance with the provisions of this Act if that said wheat so seized and detained had been delivered by a grower to the Board for sale provided that. in addition to all other deductions and outgoings to