THE BANANA INDUSTRY PROTECTION ACTS,

THE BANANA INDUSTRY PROTECTION ACTS, 1929 to 1937 Banana Industry Protection Act of 1929, 20 Geo. 5 No. 12 Amended by Financial Emergency Act of 1931, 22 Geo. 5 No.1 Diseases in Plants Acts and Another Act Amendment Act of 1937, 1 Geo. 6 No. 16 An Act to Make Better Provision for the Protection of the Banana Industry of Queensland, and for other purposes. 339 [Assented to 27 November 1929] 1. Short title and commencement of Act. This Act may be cited as "The Banana Industry Protection Act of 1929," and shall come into operation on a day to be proclaimed by the Governor in Council by Proclamation published in the Gazette. This Act where necessary shall be read and construed with "The Diseases in Plants Act of 1929." This Act came into force on 27 February 1930, by Proclamation made and published in Gazette on that date. Collective title is the Banana Industry Protection Acts, 1929 to 1937; conferred by Diseases in Plants and Another Act Amendment Act of 1937, 1 Geo. 6 No. 16, s. 7. 2. Interpretation. In this Part, unless the context or subject-matter otherwise indicates or requires, the following terms have the meanings respectively assigned to them, that is to say:- "Abandoned or neglected banana orchard"-a banana orchard which is not receiving adequate care and attention and which in the opinion of an inspector has been uncultivated or neglected during a period of not less than six months prior to the inspection by the inspector thereof, and/or where weed growth for a distance of one yard from each banana plant during such period of six months has not been entirely suppressed, and where by reason of such inadequate care and attention, non-cultivation or neglect, such banana orchard is liable to harbour or spread a disease or a pest; "Agent"-An agent appointed under this Act; "Banana Industry Fund" or "Fund"-The Banana Industry Fund established under this Act; "Banana Industry Protection Board" or "Board" -The Banana Industry Protection Board constituted under this Act: the term where necessary includes the chairman or any member thereof; "Chief Inspector"-The Chief Inspector appointed under this Act: the term also includes any person performing for the time being the duties of Chief Inspector;

340 AGRICULTURE Vol. 1 "Grower of bananas" or "Grower"-The person by whom bananas are actually grown or produced for sale, with such limitations or amplifications in the class of persons designated as growers as may be prescribed; "Prescribed"-Prescribed by this Act; "This Act"-This Act and all Proclamations, Orders in Council, and regulations made or purporting to be made thereunder. Moreover, subject to this Act, the definitions set forth in "The Diseases in Plants Act of 1929" or in any Act amending or in substitution for that Act shall, mutatis mutandis, apply and extend to this Act. As amended by the Diseases in Plants Acts and Another Act Amendment Act of 1937, I Geo. 6 No. 16, s. 8. The words "this Part" occurring in the first line appear to be an error of inadvertence. This Act is not divided into Parts. There appears to be no doubt that the definitions in this section are applicable to the interpretation of the whole Act. 3. Registration of banana orchards. Every occupier or owner of a banana orchard established or used for the purpose of obtaining a monetary return therefrom shall, on or before the thirty-first day of March in every year, or such date as may be prescribed, register his orchard by furnishing the prescribed return and paying the prescribed registration fee. All such registration fees shall be paid into the Fund: Provided that the proof that the banana orchard has not been established or used for the purpose of obtaining a monetary return therefrom shall be upon the occupier or owner thereof. As to registration of banana orchards, see the Diseases in Plants Acts, 1929 to 1948, s. 7 (1), p. 356 post. As to application of the Order in Council there mentioned, see s. 14 of this Act. 4. Establishment of Banana Industry Board. For the purpose of assisting in the improvement and development of the banana industry of Queensland, so far as the production of bananas is concerned, the Governor in Council may establish a Board, to be called "The Banana Industry Protection Board" (hereinafter referred to as "the Board"). 5. (1) Construction of Board. The Board shall consist of four members, and shall be approved by the Governor in Council as follows:- Two representatives of the Government, nominated by the Minister; Two representatives of growers of bananas, who shall be elected by registered growers in the manner prescribed. (2) Chairman. One of the representatives of the Government shall be the chairman of the Board, and the Governor in Council shall appoint such chairman. In the event of the absence of a representative of the Government from any meeting of the Board, some other person to be appointed by the Minister for the purpose may attend and shall for the purpose of that meeting be deemed to be a member of the Board.

BANANA INDUSTRY PROTECTION ACTS, 1929 TO 1937 ss.2-5 341 The Chairman shall have a deliberative vote and also a casting vote. In the event of the absence of the Chairman from any meeting of the Board, one of the other representatives of the Government appointed by the Minister shall act as Chairman of the Board for the purposes of such meeting. (3) Board may be constituted on the passing of this Act. Notwithstanding anything in this Act to the contrary, such Board may be constituted on the passing of this Act, and the Governor in Council may, on the passing of this Act, make any regulations which may be necessary or convenient for the due constitution of the Board. Such regulations may, inter alia, provide for the election of the elective members of the Board and may define the persons or classes of persons who shall be deemed to be registered growers of bananas for the purposes of such election, the preparation of a list of such growers and making such list conclusive evidence of the title to vote at such election, and the procedure in connection with the taking of any such election. ( 4) Tenure. The members other than the representatives nominated by the Minister shall hold office for such term as may be prescribed, but shall be eligible for re-election. The Governor in Council may change his representatives from time to time. If the office of a member by election or otherwise becomes vacant during the term for which he is appointed, a successor shall be appointed for the remainder of the term. If a member is likely from any cause to be absent from meetings of the Board for more than three months, the Governor in Council may appoint a deputy to act for such member during his absence. A deputy shall have the same powers, rights, and duties as the member in whose place he is appointed. (5) The office of a member shall become vacant if such member (a) Becomes bankrupt or compounds with his creditors; or (b) Becomes insane; or (c) Is absent without leave of the Board from three consecutive meetings of which due notice has been given to him either personally or by post; or (d) Resigns his office by writing under his own hand addressed to the Minister; or (e) Is removed from office by the Governor in Council. (6) Meetings. Subject to this Act, the Board shall meet at such times as may be considered necessary by the Board, and shall conduct their business in such manner as they may decide or as may be prescribed. (7) Regulations may be made regarding the business and proceedings of the Board, and such rules shall have the force of law and shall be observed. Such rules may from time to time be amended or added to by the Governor in Council by Order in Council published in the Gazette.

342 AGRICULTURE Vol. 1 6. Duties and responsibilities of Board. The duties and responsibilities of the Board shall, subject to this Act, be- (a) To assist the Minister in an advisory capacity in regard to problems appertaining to the culture of bananas, including such matters as are embraced pursuant to "The Primary Produce Experiment Stations Act of 1927"; (b) To advise the Minister in an advisory capacity concerning banana cultivation, such matters involving bunchy top, leaf spot, and other diseases or pests; (c) To aid in the dissemination of information dealing with the culture of bananas; (d) To furnish reports to the Minister on such matters as may be requested by the Minister; (e) To perform and undertake such powers, duties, and responsibilities as may be imposed pursuant to Order in Council under this Act or as may be delegated by the Minister to such Board (such power of delegation being hereby conferred and authorised) or as may be prescribed. Primary Produce Experiment Stations Act of 1927, see title PRIMARY PRODUCE. 7. Further powers of Board. Without in any wise limiting the operation of the provisions of the last preceding section, the Governor in Council may by Order in Council from time to time direct that the Board shall h~ve jurisdiction, power, and authority and be entrusted with the administration, either wholly or in part, of 'The Diseases in Plants Act of 1929"- (a) In respect of neglected or abandoned banana orchards; (b) In respect of any quarantine area or special district as prescribed in "The Diseases in Plants Act of 1929" concerning the cultivation of bananas in such area or special district as prescribed; (c) And such further powers, authorities, matters, and things concerning banana cultivation generally as may be prescribed in the Order in Council; and on the promulgation of such Order in Council the Board shall be empowered to take any action in respect of the matters referred to in paragraphs (a) and (b) herein set forth and as prescribed in the said Order in Council, and to the intent that the Board or any member thereof, or Chief Inspector or any agent or any officer of the Board duly authorised by the Minister in that behalf, shall for the purposes of this Act be deemed to be an inspector under "The Diseases in Plants Act of 1929," and that such Board, member, agent, or officer shall possess the like powers and authorities as are possessed by an inspector under such last-mentioned Act accordingly. Moreover the Board may, on the promulgation of any such Order in Council, take any action in respect of the issue or refusal of permits to plant, or in respect of the removal of suckers, or in respect of the cleaning up of abandoned or neglected banana orchards, as the Board may think fit and proper or as may be prescribed.

BANANA INDUSTRY PROTECTION ACTS, 1929 TO 1937 ss.6-10 343 And for the purposes of this section the provisions of "The Diseases in Plants Act of 1929," dealing with quarantine and abandoned orchards, and concerning banana cultivation generally shall extend and apply, together with any such terms, provisions, conditions, modifications, or additions as may be prescribed by Order in Council. Neglected or abandoned orchards, see also the Diseases in Plants Acts, 1929 to 1948, s. 14, p. 360 post. Section 15 of that Act provides for quarantine areas. For powers of inspectors, see S5. 6 and 10 of that Act. 8. Banana districts. For the due administration of this Act the Governor in Council may, by Proclamation, constitute districts to be known as "banana districts." Any such district may comprise the whole or any part of a fruit district or may comprise part or parts of different fruit districts, or such area as may be proclaimed. The Governor in Council may in like manner alter the boundaries of any such district or may abolish any such district. Fruit districts, see the Diseases in Plants Acts, 1929 to 1948, ss. 4, 5 (iii), p. 353 post. 9. Appointment of Chief Inspector. For the due administration of this Act the Governor in Council may appoint any person to be a Chief Inspector for the purposes of this Act, and may in like manner appoint any person to be an agent for the district concerned. Without in any wise limiting the power of the Governor in Council in the making of such appointments, the Governor in Council may give consideration to any recommendation in regard thereto which the Board may be pleased to make. The Chief Inspector shall have jurisdiction in all such banana districts so proclaimed or such jurisdiction as may be prescribed, and shall in the exercise of his powers give supervision over the various matters entrusted to the agent of a district concerned. He shall be deemed to be an inspector for the purposes of this Act and "The Diseases in Plants Act of 1929," and shall perform such other duties as may be prescribed or as may be directed by the Minister or the Board. With regard to inspectors under the Diseases in Plants Acts, 1929 to 1948, p. 356 post, ss. 6, 10. 10. Agent. The Governor in Council may appoint any person to be an agent under this Act in respect of the district concerned. An agent shall have jurisdiction in the district in respect of which he has been appointed, and shall perform such duties as may be prescribed or as may be directed by the Minister, the Chief Inspector, or the Board. An agent shall be deemed to be an inspector for the purposes of this Act and "The Diseases in Plants Act of 1929." Without in any wise limiting the generality of these provisions, the agent shall report upon any application transmitted to him by the Board in respect of permission to plant or in respect to the removal or transmission of suckers.

344 AGRICULTURE Vol. 1 Moreover the Chief Inspector or agent may have and exercise all the powers and authorities of an inspector in respect of matters concerning abandoned or neglected banana orchards, and for that purpose the provisions of section fourteen of "The Diseases in Plants Act of 1929" (including the right of appeal as therein prescribed) shall extend and apply, either wholly or with any additions thereto or modifications thereof as may be prescribed. Subject to the sanction of the Minister, the agent may also within his district exercise the powers and responsibilities of grading officer in such district, and also shall undertake a check grading on the basis of data collected from destination points, or such duties and responsibilities in respect of grading as may be prescribed. Agents, see also 55. 16, 20. Sections 6 and 10 of the Diseases in Plants Acts, 1929 to 1948, p. 356 post, make provision with regard to inspectors. 11. Secretary and other officers. The Governor in Council shall appoint a secretary, and shall fix the remuneration to be paid for his services. Without in any wise limiting the power of the Governor in Council in the making of such appointment, the Governor in Council may give consideration to any recommendation in regard thereto which the Board may be pleased to make. The Governor in Council, on the recommendation of the Board, may appoint such other officers as may be necessary to give effect to this Act, and such officers may be paid such remuneration as the Governor in Council thinks fit. The salaries of the Chief Inspector, the agent, the secretary, and other persons appointed under this Act shall be paid out of the Fund. 12. (1) Fund. There shall be established a Fund, to be called "The Banana Industry Fund" (hereinafter referred to as "the Fund") out of which shall, subject to this Act, be paid all expenses incurred by the Governor in Councilor the Minister or the Board approved by the Minister in the execution of this Act, including compensation payments thereunder (if any). All assessments levied under this Act and all other moneys, including any penalties received or recovered under the provisions of this Act, shall be paid into the Fund: Provided that any expenditure from such Fund shall be under the direction of the Minister. (2) Endowment. The Governor in Council may, in any year in which he deems it necessary and proper so to do, make a grant in aid of the Fund out of Consolidated Revenue (which is hereby appropriated for the purpose) in such sum as the Governor in Council may approve. Any such grant when so made shall be at a rate not exceeding one pound for every one pound paid into the Fund during the twelve months preceding such grant in respect of all assessments and fines imposed under this Act.

BANANA INDUSTRY PROTECTION ACTS, 1929 TO 1937 ss.lo 13 345 Notwithstanding anything contained herein the provisions of this subsection shall be read and construed with section twenty-three of "The Financial Emergency Act of 1931," and to the intent that the provisions of such lastmentioned section having for its object the reduction of any such endowment to the Fund may to the extent of any such reduction permitted by such lastmentioned section apply and extend herein accordingly, anything to the contrary in this Act or in any Act or law notwithstanding. (3) Portion of Fund may be applied for investigation of pests and diseases. The Minister may direct that such portion of the Fund as he may in his discretion consider necessary and proper shall be applied for the purposes of carrying out inquiries and investigations in respect of the control or eradication of pests and diseases in respect of bananas or in respect of improved methods of cultivation, or such other application of the Fund as may be prescribed, and such portion of the Fund shall be applied accordingly. As amended by the Financial Emergency Act of 1931, 22 Geo. 5 No. I, s. 24 (ix), title COMMONWEALTH AND STATES. Compensation under s. 16, is payable out of the Banana Industry Fund. Financial Emergency Act of 1931, title COMMONWEALTH AND STATES. 13. (1) Assessment. Subject to this Act, the Governor in Council may in every year, on the recommendation of the Board, make and levy on a grower of bananas an assessment in such sum as shall be declared by the Governor in Council by Order in Council published in the Gazette. Such Order in Council, moreover, may prescribe the method of assessment, the basis of such assessment, the method of the collection of such assessment, and such other matters and things as may be prescribed. The provisions of any such Order in Council may be added to, amended, revoked, or varied by any subsequent Order in Council. Notice of any such assessment shall be given in the manner and at such time as may be prescribed to all growers of bananas concerned; and such notice shall also specify the date on which such assessment shall be paid by such grower. (2) Returns. For the purpose of enabling the Board to recommend the amount of any assessment to be levied under this Act, and for the due collection of same, regulations may be made prescribing forms of return and statistics to be made and furnished to the Minister or any officer, and the contents thereof, by any grower, authorised agent, and any other person (whether a grower under this Act or not) by whom the same shall be made, and the time and mode of making and furnishing the same. Any authorised officer of the Board shall be permitted at all reasonable times to enter into the premises and to inspect the books and accounts of any grower concerned or of an authorised agent or other person, as may be prescribed, for the purposes of verifying such returns or for any other purpose under this Act, and make any copy or take any extract therefrom. (3) Offences. The non-payment of any assessment by any person liable to payment shall be an offence under this Act, and the person offending shall be liable to a penalty not exceeding twenty pounds.

346 AGRICULTURE Vol. 1 ( 4) Prosecution not to cancel assessment. Any prosecution for the non-payment of any assessment under this Act shall not cancel such payment of assessment, but such assessment shall also be a debt due from the grower to the Board and may be recovered at the suit of the Board or by the secretary or other person appointed by it in that behalf by action in any court of competent jurisdiction. Orders in Council, see s. 24. 14. Application of Diseases in Plants Act. The provisions of "The Diseases in Plants Act of 1929" and any Proclamations, Orders in Council, or regulations thereunder shall, where necessary, convenient, or expedient, be applied and observed in respect of the provisions of this Act, and to the Board, Chief Inspector, or agent, and generally to all matters and things concerned: Provided that for the purposes of this Act such provisions aforesaid may be amended, added to, or modified in such manner as the Governor in Council may from time to time by Order in Council prescribe, or in such other manner as the Governor in Council may think fit. 15. Proof of order. The production of any order, direction, or notification purporting to be signed by the Minister or by the Board, or a member thereof, or by the Director of Fruit Culture or by any inspector or Chief Inspector or agent or secretary or other officer authorised by the Minister, or of any certified copy thereof, shall in the absence of proof to the contrary be sufficient evidence of the due making of such order, direction, or notification, and that it was duly signed by the person by whom it purported to be signed. The production of a certificate purporting to be signed by any inspector or Chief Inspector or agent or secretary or other officer, or of any certified copy thereof, that any costs, charges, or expenses of an amount stated have been incurred by such inspector upon any land, premises, or place under or for the purposes of this Act shall be prima facie evidence that costs, charges, or expenses were duly incurred and that the amount thereof so stated is the correct amount. Evidence of authority of officers, see s. 20. Proof of identity of land, occupation, etc., see s. 20A. 16. (1) Immunity of inspectors and others. No inspector (including in the term the Chief Inspector or agent) and no person acting under the direction or order of an inspector or the Board, or the Minister, nor shall the Board or any member of the Board or such inspector or person be deemed to be a trespasser by reason of any entry or destruction under this Act, or be liable for any damages occasioned by carrying out of this Act, unless the same were occasioned maliciously and without reasonable or probable cause. No person shall be entitled to receive any compensation whatsoever in consequence of any measures lawfully taken for the eradication of any disease, or the destruction of any insect or fungus or any prohibited or diseased banana plant or other tree, plant, or vegetable, or in respect of any loss or injury that may result to him therefrom either directly or indirectly. (2) Compensation in certain cases. Provided that in any case where any tree, plant, or vegetable not diseased is destroyed by or under the direction of the Minister or the Board for the purpose of preventing

BANANA INDUSTRY PROTECTION ACTS, 1929 TO 1937 ss.13 19 347 the spread of any virulent disease, the owner of the tree, plant, or vegetable so destroyed shall be entitled to such compensation therefor as the owner and the Director of Fruit Culture or the Board may mutually agree upon; and failing their so agreeing, the matter shall be submitted to an arbitrator to be chosen by the owner and the Director, or the Board, as the case may be, or if they cannot agree on an arbitrator, to be chosen by the Minister; and the decision of the arbitrator shall be final. Such compensation shall be deemed to be an expense under this Act: Provided that the provisions of this subsection do not apply to any banana plant or any other tree, plant, or vegetable which has been destroyed in the course of dealing with any land under section ten of this Act, applying section fourteen of "The Diseases in Plants Act of 1929." Compensation is payable out of the Banana Industry Fund (s. 12 (1». 17. Limitation of actions. No action shall be brought against any person acting in the execution of this Act for anything done thereunder unless the same is commenced within four months after the act complained of has been committed. 18. (1) Offences. Every person shall be guilty of an offence against this Act who- (a) In any manner obstructs or impedes the Minister or officer of the Department or the Board or any member thereof or the Chief Inspector or agent or any person in the execution of any of the powers conferred by this Act; or (b) Disobeys or neglects to comply with this Act or any order, notification, or direction given in pursuance thereof. (2) Penalty. If any person is guilty of an offence against this section he shall be liable to a penalty not exceeding five pounds for the first offence and not exceeding twenty pounds nor less than five pounds for any second or subsequent offence. (3) General penalty. Any person who is guilty of a contravention of this Act for which no specific penalty is in this Act provided shall be liable to a penalty not exceeding twenty pounds. ( 4) Recovery of penalties. All penalties incurred for any offence against this Act may be recovered in a summary way under "The Justices Acts, 1886 to 1924," on the complaint of the Chief Inspector or agent or other person authorised by the Minister or (if the Minister so directs either generally or in any particular case) by the secretary of the Board. In every case where a conviction is obtained the Court may adjudge the defendant to pay to the prosecutor all proper expenses of the prosecution. As amended by the Diseases in Plants Acts and Another Act Amendment Act of 1937, 1 Geo 6 No. 16, s. 9. Justices Acts, 1886 to 1960, see title JUSTICES. In the circumstances mentioned in s. 19 (4), proceedings may be ex parte. 19. (1) Service of notice, etc. Any notice, order, process, or other document under this Act required or authorised to be given or served to or upon any person may be served- (i) By delivering the same to such person; or

348 AGRICULTURE Vol. 1 (ii) By leaving the same at his usual or last known place of abode; or (iii) By forwarding the same by post in a prepaid letter addressed to such person at his usual or last known place of abode. (2) Any such document required to be given to or served on the owner or occupier of any land may, if the name of the owner or occupier is not known, be addressed to him by the description of the "owner" or "occupier" of the land in question (naming it) without further name or description. (3) Any such document, if addressed to the owner or occupier of land, may be served by delivering the same or a true copy thereof to some person on the land, or, if there is no person on the land who can be so served, by fixing the same on some conspicuous part of the land. (4) Court may proceed ex parte. The Court may, if satisfied that there is no occupier of such land and that the owner thereof is absent from Queensland or is unknown, proceed to hear and adjudicate upon any complaint in respect thereof ex parte, and in such case the expenses of any such proceedings ordered to be paid by the defendant shall, until paid, be and remain a charge on such land and payable by the owner thereof for the time being. 20. Evidence. In any proceedings for an alleged offence against this Act it shall not be necessary to prove the appointment of any Board or member thereof, or a secretary or authorised officer thereof or the Chief Inspector or any inspector or agent, or the authority of any such Board or member thereof or secretary or authorised officer thereof or any inspector or agent to do any act or to give any direction, or to issue or serve any notice, or to take any proceeding. Where it is necessary to describe any land, premises, orchard, nursery, plantation, or place for the purposes of any order, assessment, or certificate made, issued, or given by or with the authority or direction of the Board under this Act or under "The Diseases in Plants Acts, 1929 to 1937," or for the purposes of any proceeding for an alleged offence against this Act or "The Diseases in Plants Acts, 1929 to 1937," instituted by or by the direction of the Board then, and in every such case, it shall be sufficient to describe such land, premises, orchard, nursery, plantation, or place in terms which reasonably fix the identity thereof. As amended by the Diseases in Plants Acts and Another Act Amendment Act of 1937, 1 Geo. 6 No. 16, s. 10. See also 55. 15, 20A, of this Act. 20A. Proof of identity of land, etc., and/or of occupation, etc., thereof. Where, in any proceedings for an alleged offence against this Act or "The Diseases in Plants Acts, 1929 to 1937," instituted by or by the direction of the Board, it is material to prove- (a) That any land, premises, orchard, nursery, plantation, or place is the land, premises, orchard, nursery, plantation, or place, as the case may be, in respect of which the offence alleged in such proceedings occurred; and/or

BANANA INDUSTRY PROTECTION ACTS, 1929 TO 1937 ss.19-23 349 (b) That any person is the occupier or, as the case may be, the owner of the land, premises, orchard, nursery, plantation, or place in respect of which the offence alleged in such proceedings occurred, then, and in every such case, and until the contrary is proved beyond reasonable doubt- (i) The land, premises, orchard, nursery, plantation, or place described in the complaint instituting such proceedings and/or in any order, assessment, or certificate made, issued, or given under this Act or under "The Diseases in Plants Acts, 1929 to 1937," which is admissible in evidence in such proceedings shall be deemed to be the land, premises, orchard, nursery, plantation, or place, as the case may be, in respect of which the offence alleged in such proceedings occurred; and/or (ii) The person alleged in the complaint instituting such proceedings and/or in any order, assessment, or certificate made, issued, or given under this Act or under "The Diseases in Plants Acts, 1929 to 1937," which is admissible in evidence in such proceedings to be the occupier or, as the case may be, the owner of the land, premises, orchard, nursery, plantation, or place in respect of which the offence alleged in such proceedings occurred, shall be deemed to be such occupier or, as the case may be, owner. Inserted by the Diseases in Plants Acts and Another Act Amendment Act of 1937, 1 Geo. 6 No. 16, s. 11. See also ss. 15, 20, of this Act. 21. Orders in Council. In addition to and without in any way limiting the powers of the Governor in Council under this Act, the Governor in Council is hereby empowered from time to time by Order in Council to issue such orders and give such directions and prescribe such matters and things, whether in addition to or amendment of this Act, as will be calculated to give full effect to the objects and purposes of this Act. See also s. 24. 22. Power to extend provisions of this Act to other fruit. The Governor in Council may from time to time by Order in Council extend the provisions of this Act, with such modifications thereof or additions thereto as are deemed by him to be necessary in the particular circumstances, so that the same shall also become applicable to any fruit or classes of fruit other than bananas, as may be prescribed in such Order in Council. 23. (1) Regulations. 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. And where there may be in this Act no provision or no sufficient provision in respect of any matter or thing adequate, necessary, or expedient to give effect to this Act providing for and supplying such omission or insufficiency.

350 AGRICULTURE Vol. 1 Without limiting the generality of the foregoing provisions, such regulations may provide for all or any of the following matters:- ( 1) Securing the detention and examination of bananas and banana plants which are suspected to be diseased, and of boxes, baskets, packages, containers, and cases which are suspected to contain diseased bananas or banana plants or to harbour or to be infested by insects or fungi; (2) Securing the effectual treatment of diseased bananas or banana plants, and the effectual destruction of insects and fungi pests; (3) Securing the disinfecting of packages and cases used for shipping or forwarding bananas to any destination previous to the same being returned to any orchard, store-room, salesroom, or other place; ( 4) Securing the efficient inspection and registration of banana orchards, including any registration fee, and the basis of such registration fee including any minimum registration fee, and the registration of and keeping of lists of registered banana growers; (5) Prescribing quarantine in respect of bananas and the nature thereof and the application of the provisions of "The Diseases in Plants Act of 1929" in regard thereto, either wholly or subject to such additions or modifications as may be prescribed; (6) Regulating or prohibiting the removal of banana plants from one area of land to another area of land or from one place in the same portion or area to another place in the same portion or area; (7) Defining the qualifications and duties of the Chief Inspector and agents and other persons under this Act; (8) All matters or things required or permitted by this Act to be prescribed; (9) The control and management and audit of the Banana Industry Fund; ( 10) Prescribing further powers and conditions and the basis on which assessments under this Act shall be made, and any further powers necessary for the collection or recovery of any assessment under this Act; ( 11) Regulating the election by postal vote or as prescribed and the methods of such voting and procedure in connection with the taking of any such election, and the preparation of lists of registered banana growers entitled to vote at such election, and making such list conclusive evidence of the title to vote at any such election of the elective members of the Board, or, if thought expedient, providing (in lieu of election) for the nomination by approved organisations of growers' representatives, the proceedings of the Board and its meetings including the fixation of the quorum at meetings, and the fees (if any) which may be allowed to members of the Board for attendance at meetings of the Board, and the granting of further jurisdiction to the Board if deemed necessary;

BANANA INDUSTRY PROTECTION ACTS, 1929 TO 1937 ss.23 24 351 (12) Prescribing grading and the duties of a grading officer, and providing for the checking of grading and the methods of packing; ( 13) The issue, renewal, or refusal of any permit to plant or otherwise, as may be prescribed; also the form of any registration form or of any permit or other forms under this Act or as may be prescribed, and any fee therefor as may be prescribed, and the granting of any permits by the Board; (14) Prescribing returns of statistics and data to be furnished (whether in respect of bananas or otherwise) to the Minister or Board, and the contents thereof, by any person, whether a grower of bananas or not, and the time and mode of making and furnishing the same; ( 15) The delegation by the Minister of such powers, duties, and responsibilities as may be prescribed; ( 16) Generally for carrying this Act into effect. (2) May be made on passing of Act. Regulations may be made on the passing of this Act. (3) May fix penalty. The regulations may fix a penalty not exceeding in any case twenty pounds for any breach thereof. For the law relating to validity of statutory regulations, see the Preliminary Note to the title ACTS OF PARLIAMENT, p. 61 ante. Regulations: See Table of Contents to this title, p. 255 ante. 24. Proclamations, Orders in Council, and regulations to form part of this Act. All Proclamations, Orders in Council, and regulations made or purporting to have been made under this Act shall be published in the Gazette, and thereupon shall be of the same effect as if they were enacted in this Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. Any such Proclamation or Order in Council may be rescinded or amended, whether by addition or otherwise, by a subsequent Proclamation or Order in Council under this Act. The production of a copy of the Gazette purporting to contain any such Proclamation or Order in Councilor regulation shall be conclusive evidence of the matters contained therein and of the power and authority to make such Proclamation, Order in Council, or regulation. All Proclamations, Orders in Council, and regulations shall be laid before the Legislative Assembly within fourteen days after such publication, if Parliament is in session, and if not, then within fourteen days after the commencement of the next session. If Parliament passes a resolution disallowing any such Proclamation, Order in Council, or regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such Proclamation, Order in Council, or regulation has been laid before it, such Proclamation, Order in Council, or regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. For the purpose of this section, the term "sitting days" shall mean days on which the House actually sits for the despatch of business.