DRIED FRUITS ACT.

Act No. 21, 1933.

An Act to make provision for the regulation of the dried fruits industry; to reconstitute the New South Wales Dried Fruits Board; to provide for the registration of producers, agents, and persons selling dried fruits, and for the registration of packing sheds and dehydrators dealing therewith; to repeal the Dried Fruits Act, 1927, and the Dried Fruits (Amendment) Act, 1929; to amend the Marketing of Primary Products Act, 1927-1930, and certain other Acts; and for purposes connected therewith. [Assented to, 20th December, 1933.]

BE

BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis­

lative Council and Legislative Assembly of New South Wales in Parl iament assembled, and by the author i ty of t he same, as follows :—

P A R T I.

PRELIMINARY.

1. This Act may be cited as the " Dried F r u i t s Act, 1 9 3 3 , " and is divided into p a r t s as follows:—-

P A R T I . — P R E L I M I N A R Y — s s . 1 - 5 .

P A R T I I . — P U R C H A S E AND COMPULSORY ACQUISITION OF DRIED F R U I T S — s s . 6 - 8 .

P A R T I I I . — T H E DRIED F R U I T S BOARD.—SS . 9-19.

P A R T I V . — P A C K I N G SHEDS, DEALERS, GROWERS AND DEHYDRATORS—ss. 2 0 - 3 4 .

P A R T V—MARKETING OF DRIED F R U I T S IN N E W S O U T H W A L E S — s . 3 5 .

P A R T VI .—MISCELLANEOUS— s s . 3 6 - 4 0 .

2 . The Dried F r u i t s Act, 1927, and the Dried F r u i t s (Amendment ) Act, 1929, a re hereby repealed.

3 . (1) The repeal of the Acts re fer red to in section two of this Act shall not opera te to break the continuity of the existence of the New South Wales Dried F r u i t s B o a r d const i tuted unde r the Acts repealed by this Act and exist ing a t the commencement of this Act.

(2) (a) All persons appointed or employed under the provisions of the Acts repealed by this Act and holding office at the commencement of this Act shall continue to hold office and shall be deemed to have been appointed or employed under the provisions of this Act.

(b) All persons author ised under the p ro ­visions of the Acts repealed by this Act to do any acts or th ings shall, where the au thor i ty is still in force a t the commencement of this Act, be deemed to have been author ised under the provis ions of this Act.

(c)

(c) Any agreement made under the provis ions of the Acts repealed by this Act for the uti l isat ion of t he services of any officer, inspector or se rvant of the Com­mission, and in force a t the commencement of this Act, shall be deemed to have been made under the provis ions of this Act.

( 3 ) All proclamat ions and regulat ions made under the provis ions of the Acts repealed by this Act and in force a t the commencement of this Act, shall, to the extent to which they a re not inconsistent with this Act, continue in force unt i l revoked or repealed or replaced by proclamat ions or regula t ions under this Act.

(4) All reg is t ra t ions of packing sheds and renewals and t rans fe r s thereof and all reg is t ra t ions of dealers and growers , made under the provisions of the Acts repealed by this Act and in force a t the commencement of this Act, shall continue in force unt i l the thirty-first day of December next af ter the commencement of th i s Act.

( 5 ) All levies, fees, allowances, charges and ex­penses payable , and all penalt ies , incurred under the provisions of the Acts repealed by this Act and payable or incur red at the commencement of this Act shall be deemed to be payable and to have been incurred respec­t ively unde r the corresponding provis ions of th is Act.

(6) The roll of g rowers compiled unde r the provi­sions of the Acts repealed by th is Act and exist ing a t the commencement of this Act shall be the roll of g rowers for the purposes of th is Act, unt i l a roll of g rowers is compiled unde r the provis ions of this Act .

(7) Any act, m a t t e r or th ing commenced or any r igh t or pr ivi lege acquired or any liability, civil or cr iminal , obligation, pena l ty or pun ishment incurred , unde r the au thor i ty of the Acts repealed by this Act, and commenced, acquired or incur red before the commence­ment of th is Act shall be deemed to have been commenced, acquired or incurred, as the case m a y be, under the au thor i ty of this Act.

(8) Noth ing in this section contained shall limit a n y saving in the In t e rp re t a t i on Act of 1897.

4 .

4 . I n this Act unless inconsistent with the context or subject m a t t e r : —

" Board " means the New South Wales Dried F r u i t s Board .

" Buck cur ran t s " means dr ied fruits produced solely from cur ran t g rapes and which contain more than five per centum of berr ies containing seeds.

" B u y " includes ba r t e r or exchange; and also includes agreeing to buy ; and " b o u g h t " has a corresponding meaning.

" Cleanness " in relat ion to dr ied fruits means free from foreign substances.

" Dealer " means any person who buys or sells in any one year whether on his own behalf or as agent for another person more than one ton of dried fruits , but does not include—

(a) a person who sells only such dried f rui ts as have been bought from dr ied f rui ts dealers who are regis tered as such with the b o a r d ;

(b) a person who is the owner of a packing shed regis tered as such with the boa rd ;

(e) a grower who sells the dr ied frui ts p ro­duced by him only to a packing shed or dealer regis tered as such with the b o a r d ;

(d) an auct ioneer who sells dr ied frui ts in the ord inary course of his business.

" Dehyd ra to r " means any s t ruc tu re used for dehy­dra t ion in the process of d ry ing dr ied frui ts .

" Disease " in relat ion to dried f rui ts means any abnormal condition of or in dr ied frui ts , whether consisting of the presence of or caused by or due to the operat ion, development, growth or decay of any Insect, mould or fungus.

" Drawback f ru i t " means dr ied frui ts r e tu rned to a grower for his personal domestic use by the person who is the owner of the packing shed to which such grower sent his f rui t to be packed.

" Dr ied

" Dried apricots " means dried f rui ts ei ther mois­tened by the addit ion of wa te r or not so moistened, produced from any var ie ty of apr icots and include apr icots which have been dr ied whole and from which the pi ts have ei ther been removed or have not been removed.

" Dried cu r ran t s " means dried frui ts produced solely from cur ran t g r apes and which do not contain more than five per centum of berr ies containing seed.

" Dr ied frui ts " means dr ied cur ran t s , dr ied sul­t anas , dr ied lexias, dr ied prunes , dr ied peaches, dried apr icots , dr ied nectar ines , dr ied pea r s pro­duced in Aust ra l ia , or any other va r ie ty of dr ied f rui ts produced in Aus t ra l i a which a r e declared by the regulat ions to be dried frui ts for the purposes of this Act.

" Dr ied lexias " means dipped dr ied frui ts produced from the following var ie t ies of g r a p e s : Wa l tham Cross (sometimes known as M a l a g a ) ; Gordo Blanco; Muscat of Alexandr ia .

" Dried nectar ines " means dried frui ts produced from any var ie ty of nectar ines .

" Dried peaches " means dried, peeled or unpeeled frui ts produced from any var ie ty of freestone or clingstone peaches.

" Dr ied p e a r s " means dried f rui ts produced from any var ie ty of pea r s and include dr ied pea r s f rom which the cores have been removed.

" Dr ied p runes " means dr ied frui ts ei ther moistened by the addit ion of wa te r or not so moistened produced from the following var ie t ies of p runes only:—

D ' A g e n ; Robe de S a r g e n t ; Sp lendor ; Old F rench (sometimes known as Ardmona

or Goulburn V a l l e y ) ; Fe l lemberg ;

Fel lemberg ; I m p e r i a l ; and Sugar .

" Dried sul tanas " means dried frui ts produced solely from sul tana grapes .

" Fore ign substance " means dir t , gravel , sand, stalks, stones, insects, insect refuse or other extraneous mat te r .

" F re shness " in relat ion to dr ied frui ts means tha t the dried f rui ts a re the product of the la tes t crop or tha t the condition of the dried frui ts has not been mater ia l ly impai red by age or other cause.

' ' Grade ' ' shall have relat ion to appearance , colour, cleanness, flavour, freshness, r ipeness , kind, ma tu r i ty , number, quality, size, form, soundness, tex ture , va r ie ty or weight of dr ied frui ts .

" Grower " means— (a) in the case of dr ied cur ran t s , dr ied sul­

tanas , dr ied lexias, or dr ied prunes , any person who is engaged in the product ion of dr ied cur ran t s , dr ied sul tanas , dr ied lexias, or dr ied p runes and whose p ro ­duction dur ing the then cur rent season or du r ing any one of the preceding two seasons was more than five hundred­weights of dr ied cu r ran t s or more than five hundredweights of dr ied sul tanas o r more than five hundredweights of dr ied lexias or more than five hundredweights of dr ied p runes grown by h i m ;

(b) in the case of dr ied peaches, ' dr ied apricots , dr ied nectar ines or dr ied pears , any person who is engaged in the produc­tion from time to time of dried peaches, dr ied apricots , dr ied nectar ines or dr ied pea r s and whose product ion dur ing the then current season or dur ing each season of a t least three of the five preceding seasons was more t han three hundred­weights of dr ied peaches o r more t han

three

th ree hundredweights of dr ied apr icots or more than three hundredweights of dr ied nectar ines or more than three hun­dredweights of dr ied pea r s grown by h im;

(c) in the case of dr ied frui ts which are declared by the regulat ions to be dried fruits for the purposes of this Act, any person who is engaged in the product ion of those dried frui ts , and whose produc­tion thereof dur ing such season as may be prescr ibed was not less than the quan­t i ty prescribed.

F o r the purposes of this definition " season " means :—

(i) in the case of dr ied cur ran t s , dried sul tanas , dr ied lexias, dr ied prunes , dr ied peaches or dr ied pea r s the calen­da r year , and

(ii) in the case of dr ied apr icots or dr ied nectar ines the period commencing on first day of November in any year and ending on thirty-first day of October of the succeeding year , and

(iii) in the case of dr ied fruits which a re declared by the regulat ions to be dr ied f rui ts for the purposes of this Act such per iod as is prescribed.

" Immedia te conta iners " includes car tons , j a r s , bottles, cans, t ins , and cellophane and other w r a p s which contain dr ied f ru i ts .

" Inspec tor " means any person appointed or author ised to act as an inspector for the pur ­poses of this Act.

" Package " means wooden case, cor ruga ted card­board container , box, barre l , bag, sack, imme­diate container, covering receptacle, or any other th ing which conta ins dried f rui ts .

" Pack ing shed " means any building, erection or other place whatsoever in which or where dried

frui ts

fruits a re p repared , stemmed, processed, graded, sorted or packed, whether such building or erec­tion or place is or is not used for any other purpose .

" Prescr ibed " means prescr ibed by this Act or by the regulat ions.

" Public notice " means notice published in the Gazette and in at least one newspaper published in Sydney and one country newspaper .

" Purchase " includes b a r t e r or exchange; and also includes agree ing to pu rchase ; and ' ' pur­chased " has a corresponding meaning.

" Regulat ions " means regulat ions made under this Act.

" Soundness " in relat ion to dried frui ts means free from disease, damage, fermentat ion, mould or decay.

" Store " means any store, building, or other erection or place whatsoever where dr ied frui ts a re stored.

" S e l l " includes ba r t e r or exchange; and also includes agreeing to sell, or offering or expos­ing for sale, or having in possession far sale, or receiving, sending, forwarding or delivering for or on sale in New South W a l e s ; or causing, suffering or a t t empt ing any of such acts or t h ings ; and " sale " and " sold " shall have a corresponding meaning.

' ' The Commission ' ' means the W a t e r Conservat ion and I r r iga t ion Commission const i tuted under the I r r iga t ion Act, 1012-1931.

5 . (1) The Grovernor may by regulat ion declare any var ie ty of dr ied frui ts produced in Aus t ra l ia to be dr ied frui ts for the purposes of this Act, and may in like m a n n e r revoke or va ry any such regulat ion.

(2) Any such regulat ion shall take effect from a da te specified in the regulat ion not earl ier than three months af ter the date of publication of the regulat ion in the Gazette.

(3)

(3) The Market ing of P r i m a r y Produc t s Act, 1927-1930, is amended—

(a) by omit t ing from the definition of " P roduc t " in section four the words " dr ied cur ran t s , dr ied sul tanas, dr ied lexias ' ' ;

(b) by inser t ing a t the end of tire same definition the words " or any dr ied frui ts to which the Dried F r u i t s Act, 1933, for the time being a p p l i e s . "

P A R T I I .

PURCHASE AND COMPULSORY ACQUISITION OF DRIED FRUITS .

6 . The Minis ter may on behalf of His Majesty pur ­chase by agreement or acquire compulsori ly any dried f rui ts in New South Wales .

7 . The following provis ions shall have effect with respect to the compulsory acquisit ion of dr ied frui ts unde r this Ac t :—

(a) The Minis ter by order in wr i t ing unde r his hand, such order being served upon any person being the owner of or having the control or dis­posal of any dr ied frui ts described or re fe r red to in the order , may declare tha t such dr ied frui ts a re acquired by His Majesty.

I n any such order it shall be sufficient to describe the dr ied frui ts so acquired as dr ied f rui ts in a cer ta in locality or place or in any other m a n n e r by which the dr ied frui ts may bo identified.

(b) Upon the service of any such order all dr ied frui ts described or re fe r red to in such o rder shall cease to be the p r o p e r t y of the then owner thereof, and shall become and remain the abso­lute p r o p e r t y of His Majesty, freed from any mor tgage , charge, lien, or other encumbrance thereon whatsoever .

The

The then owner and any agent , manager , a t torney, servant , and workman of such owner shall, without delay, h indrance, obstruction, claim, demand or objection whatsoever , give immediate and peaceable possession of such dried frui ts to His Majesty and all the t i t le and p r o p e r t y of the then owner thereof shall be changed into a r igh t to receive payment of the value thereof to be determined by the Minis ter and to be paid at such times and in tervals as the Minis ter may by notice published in the Gazette dec la re :

P rov ided tha t in any case where a t the t ime of acquisition any person holds any mor tgage , charge, lien or other encumbrance over any such dr ied frui ts such person shall be entit led to receive payment , out of the sum which would otherwise be payable to the owner of the pr in­cipal moneys and in teres t (if any) for the t ime being secured thereby in preference to the owner and only the balance (if any) of the value of such dried fruits shall be pa id to the owner.

(c) The product ion of any such order or of a copy thereof, or of a te legram pu rpo r t i ng to be a demand p u r s u a n t to such order and to be signed by the Minister , shall be sufficient au thor i ty for the delivery of possession of any dr ied frui ts described or re fer red to, in such order or demand.

(d) All dr ied fruits described or re fer red to, in any such order or demand may, wi thout any w a r r a n t other than this Act, be seized and taken posses­sion of by any officer authorized ei ther general ly or in any par t icu la r case, in wr i t ing by the Minis ter in tha t behalf; and such officer, wi th any necessary assistance, may, for any of the purposes of this section, enter any place, a t any t ime and use any force which m a y be necessary.

(e) Any person who refuses to deliver, or delays or obstructs or h inders the delivery of, any dr ied fruits described or referred to in any such order or demand shall be liable to a penal ty of not

more

more than one hundred p o u n d s ; and if such person is a company the individual person gui l ty of the offence, and also the managing-director or other manage r in New South Wales of the company, shall each be liable to the like penal ty .

(f) I n the event of any doubt or d ispute as to the pe r son legally entit led to receive any moneys payable under this section, the Minis ter may pay the same into the Supreme Cour t in i ts equitable jur isdict ion to abide the order of t ha t Court .

(g) The receipt given by any person to the Minis ter for any moneys pa id for any dr ied f rui ts acquired under this section shall be a sufficient d ischarge to the Minis ter in respect of the lia­bil i ty to make payment therefor .

Noth ing in this p a r a g r a p h shall prejudice or affect the r igh t of any person claiming to be entit led to receive any such moneys to recover the same from any person to whom the Minis ter has pa id the same.

8 . (1) The Minis ter may— (a) for the purpose of obtaining money to ca r ry out

any purchase or acquisit ion author ised by th is P a r t of this Act a r r a n g e with any bank or other person for financial accommodat ion;

(b) in such m a n n e r as he thinks fit sell or a r r a n g e for the sale of any dr ied frui ts purchased or acquired.

( 2 ) The proceeds of sale of any dr ied f rui ts pu r ­chased or acquired shall be pa id to an account in Special Deposi ts Account in the T r e a s u r y and shall be made available to the Minis ter to meet the cost of or incidental to any purchase or acquisit ion unde r this P a r t and any surplus shall be made available to the board for the purpose of meet ing expenses incurred in the adminis t ra ­t ion of th is Act or p u r s u a n t or incidental there to .

P A R T

P A R T I I I .

T H E DRIED F R U I T S BOARD.

9 . (1) There shall be a board to be called the New-South Wales Dried F r u i t s B o a rd which shall consist of five members :—

(a) one appointed from time to time by the Gov­ernor who shall be cha i rman ;

(b) one elected by growers of dr ied cur ran t s , dr ied sul tanas , dr ied lexias, or other dried g rapes which are declared by the regulat ions to be dried fruits for the purposes of this Act, whose holdings a re si tuated within the i r r iga­tion a reas known respectively as Yanco No. 1, Yanco No. 2 and Mirrool No. 1 in the S ta te of New South Wales and in any i r r iga t ion a r ea which may be consti tuted of lands within the S ta te of New South Wales adjoining or adjacent to such first-mentioned i r r iga t ion a r e a s ;

(c) one elected by growers of dr ied cur ran t s , dr ied sul tanas , dr ied lexias, or other dr ied g rapes which a re declared by the regulat ions to be dried fruits for the purposes of this Act, whoso hold­ings are s i tuated within the S ta te of New South Wales elsewhere than within the i r r iga t ion a reas referred to in p a r a g r a p h (b) of this sub­section ;

(d) one elected by growers of dr ied prunes , dr ied peaches, dr ied apr icots , dr ied nectar ines , dr ied pea r s or other dried fruits not being dr ied g rapes which are declared by the regulat ions to be dried fruits for the purposes of this Act whose holdings a re si tuated within the counties of Forbes , Monteagle and H a r d e n in the Sta te of New South W a l e s ;

(e) one elected by growers of dr ied prunes , dr ied peaches, dr ied apricots , dr ied nectar ines , dr ied pea r s or other dried frui ts not being dried g rapes which are declared by the regulat ions to be dried fruits for the purposes of this Act

whose

whose holdings a re s i tuated within the S ta te of New South Wales elsewhere than within the counties of Forbes , Monteagle and Harden .

(2) The appointed member of the board shall hold office unti l his appoin tment is t e rmina ted by the Gov­ernor .

( 3 ) (a) The first general election of members under this Act by the growers re fe r red to in p a r a g r a p h s (b) and (c) of subsection one of this section shall be held on the sixth day of F e b r u a r y , one thousand nine hundred and thir ty-four.

(b) The first general election of members under this Act by the g rowers re fer red to in p a r a g r a p h s (d) and (e) of subsection one of this section shall be held upon a da te to be appointed by the Minister and notified in the Gazette.

Such date shall not be ear l ier than two months af ter the date on which it is notified in the Gazette.

(c) The members elected a t the first general elections under this Act shall subject to this Act cease to hold office on the twenty-eighth day of Feb rua ry , one thousand nine hundred and thir ty-seven.

(4) (a) Dur ing the month of F e b r u a r y in the yea r one thousand nine hundred and thir ty-seven, and in each th i rd year thereaf ter a general election of members by the growers refer red to in p a r a g r a p h s (b) , (c) , (d ) , and (e) of subsection one of this section shall bo held.

(b) The date of each such genera l election shall be appointed by the Minis ter and notified in the Gazette not la te r than fourteen days before the date so appointed.

(c) The members elected at any such general election shall take office upon the first day of March in the year in which they are elected, and shall, subject to this Act, cease to hold office on the last day of F e b r u a r y , in the th i rd year after the year in which they were elected.

( 5 ) The Governor may remove any member from office for misbehaviour or incompetence.

Pe r s i s t en t neglect to answer official correspondence may be r ega rded as misbehaviour .

( 6 )

( 6 ) If the office of an elected member becomes vacant dur ing the t e rm for which he is elected, a person shall be elected to fill the vacancy:

Provided that , if the vacancy occurs within six months of the end of such term, the Governor may appoint a person to fill the vacancy.

A person so appointed shall have the same powers, r igh ts and duties as an elected member.

A person so elected or appoin ted shall hold office dur­ing the remainder of his p redecessor ' s t e rm of office, but shall, if otherwise qualified, be eligible for election for an ensuing te rm.

(7) The Governor may appoint a deputy to act for any member, whether an appointed or an elected member, dur ing his absence.

( 8 ) A deputy shall have the same powers , r igh ts , and duties as the member in whose place he is appointed.

(9) The chairman, elected members , deputy mem­bers , and appointed members shall be pa id such fees and allowances as may be prescribed.

(10) The members of the board in office a t the commencement of this Act shall continue to hold office unti l the sixth day of Feb rua ry , one thousand nine hundred and thir ty-four, and shall then cease to hold office but shall be eligible to be elected under p a r a g r a p h s (b) and (c) of subsection one of this section if duly qualified.

On and from the said sixth day of Feb rua ry , one thousand nine hundred and thir ty-four, if elections have not then been held under p a r a g r a p h s (d) and (e) of subsection one of this section the hoard shall unt i l such elections have been held be deemed to be fully consti tuted by the chai rman and the two members elected under pa ra ­g r a p h s (b) and (c) of subsection one of this section and the quorum for any meet ing shall he the chai rman and one of such members .

10. (1) The office of any member shall become vacant if he—

(a) resigns his office by wr i t ing under his hand addressed to the Governor ;

(b)

(b) without the permiss ion of the board or the chai rman fails to a t tend three consecutive meet­ings of the board, at which he is enti t led to vo te ;

(c) is removed by the Governor for misbehaviour or incompetence;

(d) becomes bankrup t or assigns his es ta te for the benefit of his c red i to r s ;

(e) is convicted of a felony or misdemeanour ; or

(f) becomes an insane person or pa t ien t or an incapable person within the meaning of the Lunacy Act of 1898.

(2) No act or proceeding of the board shall be invalid or be pre judiced by reason only of the fact t ha t a t t he t ime when such act or proceeding is done, taken, or commenced there is a vacancy in the office of any member.

1 1 . The board shall be a body corporate with per ­pe tua l succession and a common seal, and shall be capable of suing and being sued in i ts corpora te name and of holding and disposing of real and personal p rope r ty .

1 2 . (1) Meetings of the board shall be called by the chairman.

The cha i rman m a y call a meet ing of the board a t any t ime and shall call a meet ing of the board when reques ted to do so by any two of the elected members of the board .

(2) Meetings of the board shall be conducted and recorded as prescr ibed.

(3) The board may a r r ive at a decision in rela­tion to any question or m a t t e r wi thout holding a meet ing of the board by the members indicat ing in wr i t i ng addressed to the secre tary of the board their individual decision.

Such individual decision shall be r ega rded as the vote of the member as if given a t a meet ing of the boa rd and shall be kept by the secre tary of the board in the board ' s records for reference purposes .

(4)

(4) Both a t meet ings of the board and in cases where decisions are given in wri t ing if the question or ma t t e r to be considered is—

(a) solely in connection with dried cur ran t s , dr ied sul tanas, dr ied lexias, or other dried g rapes which are declared by the regulat ions to be dr ied fruits for the purposes of this Act, only the chai rman and the two members of the board elected by the growers of those var ie t ies of dr ied fruits shall be entit led to vo te ;

(b) solely in connection with dried p runes , dr ied peaches, dr ied apr icots , dr ied nectar ines , dr ied pea r s or other dr ied fruits not being dried g rapes which are declared by the regulat ions to be dried frui ts for the purposes of this Act only the cha i rman and the members of the board elected by the growers of these var ie t ies of dried fruits shall be entit led to vo te ;

(c) of a general na tu re , all five members of the board shall be" entit led to vote.

( 5 ) A t meetings of the board if the question or m a t t e r before the board is—

(a) solely in connection with dr ied cur ran t s , dr ied sul tanas, dr ied lexias, or other dried g rapes , which are declared by the regulat ions to be dried frui ts for the purposes of this Act, the chair­man and one of the members elected by the growers of these var iet ies of dr ied frui ts shall form a quorum;

(b) solely in connection with dr ied prunes , dr ied peaches, dr ied apr icots , dr ied nectar ines , dr ied pea r s or other dried fruits not being dried g rapes which are declared by the regulat ions to be dried fruits for the purposes of this Act, the chai rman and one of the members elected by the growers of these var iet ies of dr ied fruits shall form a quorum;

(c) of a general na ture , the chai rman and one member elected by the growers of dr ied cur ran t s , dried sul tanas , dr ied lexias, or other dr ied g rapes

which

which a re declared by the regula t ions to be dr ied f rui ts for the purposes of this Act, and one member elected by growers of dr ied p runes , dr ied peaches, dr ied apr icots , dr ied nectar ines , dr ied p e a r s or other dr ied f rui ts not being dr ied g rapes which a re declared by the regula t ions to be dr ied f ru i t s for the purposes of this Act shall form a q u o r u m ;

and shall have all the powers and author i t ies conferred upon the boa rd by this Act.

( 6 ) Whenever the members who a re entit led to vote in accordance wi th the provis ions of subsections four and five of this section a re not unanimous as to any question or m a t t e r whether a t meet ings of the board or in cases where decisions a re given in wri t ing , the ques­t ion or m a t t e r shall be decided by the major i ty of votes, and the decision so a r r ived a t shall be the decision of the board.

1 3 . (1) The Commission shall cause a roll of g rowers to be compiled and revised in the prescr ibed manner .

(2) Any person shall be eligible for enrolment if he is a grower.

(3) No person shall be qualified to vote or to become a candidate for election as a member of the board unless his name appea r s on the roll.

(4) F o r the purposes of any election the Com­mission shall appoint a r e tu rn ing officer.

( 5 ) The elections shall be car r ied out and the resul ts thereof certified in the prescr ibed manner .

The regulat ions may provide for the conduct-by post or otherwise of any election.

1 4 . (1) The Boll of Growers shall be divided into divisions, and each division shall consist of two p a r t s , as fol lows:—

Division I .—Dried Vine F r u i t s . P a r t A. P a r t B .

Division

Division I I .—Dried Tree F ru i t s . P a r t A. P a r t B .

(2) (a) In P a r t A of Division I there shall be entered the names of growers of dr ied cu r ran t s , dr ied sul tanas , dr ied lexias, or other dried g rapes which a r e declared by the regulat ions to be dr ied f rui ts for the purposes of this Act whose holdings a re s i tuated within the i r r iga t ion a reas known respectively as Yanco No. 1, Yanco No. 2 and Mirrool No. 1 within the S ta te of New South Wales and in any i r r iga t ion a rea which may be consti tuted of lands within the S ta te of New South Wales adjoining or adjacent to such first mentioned i r r iga t ion a reas .

(b) In P a r t B of Division I there shall be entered the names of growers of dr ied cur ran t s , dr ied sul tanas, dried lexias, or other dr ied g rapes which are declared by the regulat ions to be dried fruits for the pur­poses of this Act, whose holdings are s i tuated within the S ta t e of New South Wales elsewhere than within the i r r iga t ion a reas refer red to in p a r a g r a p h (a) of this subsection.

(c) In P a r t A of Division I I there shall be entered the names of growers of dr ied prunes , dr ied peaches, dr ied apr icots , dr ied nectar ines, dr ied pears or other dried frui ts not being dried g rapes which a re declared by the regulat ions to bo dried fruits for the pur­poses of this Act, whose holdings are s i tuated within the counties of Forbes , Monteagle and H a r d e n in the S ta te of New South Wales .

(d) In P a r t B of Division I I there shall be entered the names of growers of dr ied p runes , dr ied peaches, dr ied apricots , dr ied nectar ines , dr ied pea r s or other dried fruits not being dried grapes which a re declared by the regulat ions to be dried fruits for the purposes of this Act, whose holdings a re s i tuated within the S ta te of New South Wales elsewhere than within the counties of Forbes , Monteagle and Ha rden .

(3) (a) If a person possesses the qualifications for enrolment within both Division I and Division I I he shall be eligible for enrolment in each of those divisions.

(b)

(b) If a person possesses the qualifications for enrolment wi thin—

(i) both P a r t A and P a r t B of Division I he shall be eligible to enrolment in only one of those p a r t s ;

(ii) both P a r t A and P a r t B of Division I I he shall be eligible to enrolment in only one of those pa r t s .

Any such person may by ins t rument in wr i t ing addressed to the Commission elect in which P a r t he shall be enrolled.

1 5 . (1) The Governor may, on the recommendat ion of the board, appoin t a secre tary and any other officers, inspectors , agents , or se rvants necessary to enable the board to ca r ry out i ts duties and functions.

(2) The board may author ise any other per­sons to act as inspectors or to do such acts and things as it deems necessary for ca r ry ing out the provis ions of this Act.

(3) The Commission may allow the services of any of i ts officers, inspectors , and servants to be uti l ised by the board as secre tary to the board and other­wise on such te rms and conditions as may be agreed upon between the Commission and the board, and in such case such officers, inspectors and servants shall r emain employees of the Commission, and no accrued or accruing r ights of such officers, inspectors and servants shall thereby be prejudiced, but shall remain in full force and effect as if thei r services were not uti l ised by the board .

1 6 . (1) Towards the cost of clef ray ing the expendi ture involved in the adminis t ra t ion of this Act, and of ca r ry ­ing out the dut ies and functions of the board thereunder , or pu r suan t or incidental there to , there shall be a con­t r ibut ion by every grower in respect of dr ied f ru i ts produced by him.

Such contr ibut ion shall be on the basis , at the t imes, and in the manne r prescribed, and the r a t e s may v a r y as prescr ibed for different var iet ies of dr ied f ru i ts .

(2)

(2) I n the case of any dr ied frui ts other than those ment ioned in subsection one of this section, and which a r e p repared , stemmed, processed, graded, sor ted or packed a t any packing shed, there shall be a like contri­but ion by the owner of the dr ied frui ts if the board decides t ha t such contribution shall be made.

(3) The board may a t i ts discretion collect the contr ibut ion direct f rom the grower or the owner of the d r i ed frui ts , or on his behalf, from the person who is the owner of the packing shed to which the dr ied frui ts have been delivered.

I n the la t t e r case the person who is the owner of the packing shed may re imburse himself out of any moneys payable by him to the grower or owner of the dr ied frui ts and in the event of his not being in possession of any moneys payable to the grower or owner of the dried f rui ts may recover as a debt from the grower or owner of the dr ied fruits the amount of the contr ibution paid by such person who is the owner of the packing shed to the board.

(4) Any contribution unpaid may be recovered by the board as a debt in any court of competent ju r i s ­diction from the grower or owner of the dr ied frui ts or person who is the owner of the packing shed as the board m a y decide.

1 7 . (1) The board shall cause p rope r books of account to be provided and kept and t rue and regular accounts to be entered therein of all sums of money received and pa id on account of this Act or pursuan t o r incidental there to and of the several purposes for which sums of money have been received and paid.

(2) The accounts of all moneys received and paid as aforesaid shall be audi ted by the Audi tor -Genera l who shall have with respect to such accounts all the powers conferred on him by any law now or hereaf ter in force re la t ing to the audi ts of public accounts and the Audi t Act, 1902, and Acts amending the same shall apply to the board and its affairs in the same manner as it applies to accounting officers of Publ ic Depar tments .

(3) The board shall as soon as pract icable after the th i r t ie th day of J u n e in each year furnish to the

Minister

Minis ter s ta tements of accounts in a form approved by the Audi tor -Genera l exhibit ing a t rue and correct view of the financial posit ion and t ransac t ions of the board.

(4) Such s ta tements shall be laid before both Houses of Pa r l i amen t within fourteen s i t t ing days if P a r l i a m e n t is then in session, or if not, then within four­teen s i t t ing days after the commencement of the next session.

( 5 ) All moneys received by the board under this Act shall be pa id to an account in Special Deposi ts Account in the Treasury , and such moneys shall be made available to the board for the purpose of meet ing expenses incurred in the adminis t ra t ion of this Act or p u r s u a n t or incidental there to .

( 6 ) Towards defraying the costs and expenses of the audi t the board shall pay to the Consolidated Revenue F u n d such sums at such per iods as the Colonial T r e a s u r e r may decide.

1 8 . The board may in its absolute discretion— (a) by means of adver t i s ing or any other appro­

p r i a t e means , encourage the consumption of dried fruits , and create a g rea te r demand there­fo r ;

(b) by app rop r i a t e means encourage the develop­ment of and general ly foster the dr ied frui ts indust ry .

1 9 . The board m a y exercise any such powers as are conferred upon it by or under any Act of P a r l i a m e n t of the Commonwealth of Aus t ra l ia re la t ing to dr ied f rui ts .

P A R T

P A R T IV.

PACKING SHEDS, DEALERS, GROWERS AND DEHYDRATORS.

2 0 . (1) E v e r y packing shed shall he regis tered by t h e board.

(2) (a) Applicat ion for regis t ra t ion of a pack­i n g shed may be made by the person who is the owner of the packing shed.

(b) E v e r y such application shall be made— (i) where the packing shed was regis tered under the

Acts repealed by this Act—not la te r than the thirty-first day of December next after the com­mencement of this Ac t ;

(ii) where the packing shed was before the com­mencement of this Act engaged in the t r ea tment of dr ied prunes , dr ied peaches, dr ied apr icots , dr ied nectar ines or dr ied pears , and was not regis tered under the Acts repealed by this Act —not la ter than six months after such com­mencement ;

(iii) where the packing shed is a new packing shed— before the t rea tment of fruit a t such packing shed is under taken .

( 3 ) E v e r y such applicat ion shall be made in the prescr ibed form and shall be accompanied by a s ta te ­men t of the var ie ty or var ie t ies of dr ied frui ts which it is proposed to t r ea t a t the packing shed, and by such o ther par t i cu la rs as are prescribed.

(4) The board may regis ter a packing shed to t r e a t only the var ie ty or such of the var iet ies of dr ied f rui ts re fer red to in the s ta tement accompanying the appl icat ion as a re specified in the certificate of reg is t ra ­tion if in the opinion of the board there are in tha t p a r t of New South Wales in which the packing shed is situ­a ted sufficient packing sheds capable of and available for deal ing with the var iet ies of dr ied frui ts refer red to in the s ta tement accompanying the applicat ion and not specified in the certificate of r eg i s t r a t ion :

P rov ided tha t where, p r io r to the commencement of this Act, the owner, or any predecessor in title of the owner, of a packing shed in respect of which an applica­t ion for regis t ra t ion is made, lawfully t rea ted a t tha t

packing

packing shed, or a t any packing shed the opera t ions of which have been t rans fe r red to tha t packing shed, the va r ie ty or any of the var iet ies of dr ied f rui ts re fer red t o in the s ta tement , the board shall not exclude tha t va r ie ty or those var ie t ies of dr ied f rui ts f rom the var ie ty o r var ie t ies of dr ied f rui ts specified in the certificate of regis t ra t ion .

( 5 ) The reg is t ra t ion of a packing shed shall expire on the thirty-first day of December in the yea r for which i t was effected but m a y be renewed in the p r e ­scribed manner .

( 6 ) The certificate of reg is t ra t ion of a packing shed shall s ta te the name of the person upon whose appl i ­cation the packing shed was regis tered and may in the prescr ibed manne r a t any time dur ing its currency be t ransfer red in favour of any other person approved by the board .

W h e r e a certificate of reg is t ra t ion of a packing shed is t r ans fe r red the board shall cause a s ta tement in the prescr ibed form of the fact and of the name of the person in whose favour it was t r ans fe r red to be endorsed on the certificate.

The person whose name is s ta ted in a certificate of reg is t ra t ion of a packing shed, or, where the certificate of reg is t ra t ion has been t rans fe r red , in any such endorse­ment , shall be deemed to be the holder of the certificate of reg is t ra t ion .

(7) E v e r y applicat ion for r eg i s t r a t ion or for renewal of reg is t ra t ion shall be accompanied by a fee of one pound.

E v e r y applicat ion for t rans fe r of a certificate of regis­t ra t ion shall he accompanied by a fee of five shillings.

( 8 ) I n this section " t r e a t " means p r e p a r e , s tem, process , g rade , sor t or pack, and " t r ea ted " and " t r ea t ­ment " have a corresponding meaning.

2 1 . (1) The g ran t ing of an appl icat ion for the regis­t r a t ion of any new packing shed in any p a r t of New South Wales or of an appl icat ion to add to the list of dr ied fruits specified in the certificate of reg i s t ra t ion of a packing shed may bo refused by the board , if, in the opinion of the board, there a re in tha t p a r t of New South

Wales

"Wales sufficient packing sheds capable of and available for dealing with the dr ied fruits produced in tha t p a r t of New South Wales .

(2) F o r the purposes of this section and of sec­tion twenty " n e w packing s h e d " means—

(a) a packing shed not previously regis tered with the boa rd ;

(b) a packing shed the reg is t ra t ion of which has been cancelled;

(c) a packing shed the reg is t ra t ion of which h a s been allowed to lapse.

(3) An applicat ion to add to the list of dr ied f rui ts specified in the certificate of regis t ra t ion of a pack­ing shed shall be accompanied by a fee of one pound.

If such applicat ion is g ran ted no fee addi t ional to tha t provided for in subsection seven of section twenty of this Act shall be payable with any applicat ion for renewal of regis t ra t ion or t rans fe r of the certificate of reg is t ra t ion a t a la ter date of such packing shed.

2 2 . On conviction of the person who is for the t ime being the holder of a certificate of reg is t ra t ion of a pack­ing shed for any offence agains t the provisions of this Act or of the regulat ions the court may suspend or cancel the regis t ra t ion of the packing shed.

2 3 . Any person, being the owner of any packing shed not regis tered as required by this Act, or of which the reg is t ra t ion is for the time being suspended, and any person being the owner of a packing shed who is not the holder of the certificate of regis t ra t ion in respect thereof who carr ies on in such packing shed the business of pack­ing dried frui ts or of p repa r ing , s temming, processing, g r ad ing or sor t ing dr ied frui ts shall be guil ty of an offence and shall be liable on conviction to a penal ty of not more than five hundred pounds and the court may order that the plant and machinery used a t such packing shed be forfeited to His Majesty.

2-4. Any grower who delivers dried frui ts for the purpose of p repar ing , stemming, processing, grading , sor t ing or packing to a packing shed not regis tered as required by this Act, or of which the reg is t ra t ion is for the t ime being suspended, or of which the owner is not

the

the holder of the certificate of reg is t ra t ion issued in respect thereof, shall be liable to a penal ty of not more than one hundred pounds .

2 5 . E v e r y person who— (a) a t the commencement of this Act is a grower

and is still engaged as a g rower ; or (b) becomes a grower after such commencement; or (c) a t the commencement of this Act is a dea le r ; or (d) becomes a dealer after such commencement;

shall regis ter with the board as prescribed.

2 6 . Any person who without being regis tered engages as a grower or dealer shall be liable to a penal ty not exceeding one hundred p o u n d s : P rov ided tha t a person shall not be prosecuted for a contravent ion of this section occurr ing within one month from the date when he com­mences to so act as a grower or dealer if he applies to be regis tered as such within tha t period.

2 7 . (1) E v e r y dehydra to r used for the dehydra t ion of dried frui ts shall be regis tered wi th the board by the person who is the owner thereof.

(2) Appl icat ion for reg is t ra t ion shall be made in such form and shall be accompanied by such par t i cu la r s as a re prescribed.

(3) The reg i s t ra t ion of a dehydra to r shall expire on the thirty-first day of December in the year when it was effected, and shall be renewed in the prescr ibed manner .

(4) The reg is t ra t ion of a dehydra to r may in the prescr ibed manne r at any t ime dur ing its currency be t r ans fe r r ed in favour of any other person approved by the board .

( 5 ) E v e r y person who is the owner of a dehy­d r a t o r requi red by this section to be regis tered who does not reg is te r the same pu r suan t to this Act shall be liable to a penal ty not exceeding one hundred pounds.

2 8 . (1) The cha i rman of the board may at any time, by notice in wr i t ing given to the person in whose name any packing shed is regis tered, requi re such person to furnish to the board in the prescr ibed form and in respect

of

of the prescr ibed per iods and a t the t imes specified in the notice given to him by the chairman, the par t i cu la rs wi th respect to the dried frui ts which are at the t ime or have previously been or a re likely to be in such packing shed for the purpose of being prepared , stemmed, processed, graded, sorted or packed which a re specified in such notice.

(2) The chai rman of the board may a t any t ime by notice in wr i t ing given to the person in whose name a packing shed is regis tered, requi re such person to supply to the board, within the t ime to be specified in the notice, par t i cu la rs on the prescr ibed form of the name and address of each grower or owner from whom, or on whose behalf, dr ied frui ts have been received a t the packing shed for p repa r ing , stemming, processing, grading, sort­ing or packing, and of the quant i ty of each class of dr ied frui ts received at the packing shed from, or on behalf of, each grower or owner, dur ing any per iod specified by the cha i rman of the board in the notice before re fer red to .

2 9 . The chai rman of the board m a y at any t ime by notice in wri t ing, given to a person who is the owner of a winery or disti l lery, require him to furnish in wr i t ing to the board within the time to be specified in the notice, any par t i cu la rs which may be required with respect to dr ied frui ts which are at the time, or have previously been or are likely to be in or at such winery or dist i l lery for use for manufac tur ing purposes or for sale.

3 0 . The chai rman of the board may a t any time, by notice in wr i t ing given to any dealer, require h im to furnish in wr i t ing to the board within a t ime to be speci­fied in the notice the prescr ibed pa r t i cu la r s with respect to dr ied fruits which arc at the time, or have previously been, or a re likely to be owned by him or under his control or a t his disposal, dur ing any per iod to be speci­fied by the cha i rman in such notice.

3 1 . The chai rman of the board may a t any t ime, by notice in wr i t ing given to a grower, require him to furnish in wr i t ing to the board within the time to be specified in the notice, any par t i cu la rs which may be required with respect to dried frui ts produced or likely to be produced by him dur ing any period to he specified by the cha i rman in such notice.

3 2 .

3 2 . (1) The chai rman of the board may by notice published in the Gazette and in a newspaper c irculat ing in the locality requi re all or any persons having within the locality therein ment ioned any dr ied fruits owned by them or in thei r disposal or under their control to make r e tu rns of such dr ied frui ts .

(2) Such re tu rns shall be in the prescr ibed form and shall contain the prescr ibed par t icu la rs , and shall be made to the board within the t ime to be specified in such notice.

(3) Any person to whom such notice applies who fails to comply with any requi rement of this section or supplies false information shall be liable to a penal ty not exceeding one hundred pounds.

3 3 . The chai rman of the board may at any t ime by notice in wr i t ing given to a person who is the owner of a dehydra to r used for the dehydra t ion of dr ied f rui ts requi re him to furnish in wr i t ing to the board within the t ime specified in the notice, any par t i cu la rs which m a y be required with respect to dried fruits which are a t the time, or have previously been or are likely to be dehy­dra ted by such dehydra to r dur ing any per iod to be speci­fied by the cha i rman in such notice.

3 4 . (1) Any notice required to be given to any person for the purposes of sections twenty-eight, twenty-nine, th i r ty , thir ty-one and th i r ty- three of this Act may be served personal ly or sent by post addressed to such person at his usual or last known place of business or abode.

(2) Any person who fails to comply with the requi rement of any notice given under section twenty-eight, section twenty-nine, section th i r ty , section th i r ty -one or section th i r ty- three of this Act or supplies false informat ion shall be liable to a penal ty not exceeding five hundred pounds .

P A R T

P A R T V.

MARKETING OF DRIED F R U I T S IN N E W S O U T H W A L E S .

3 5 . The Minister upon the recommendation of the board may from time to time by public notice determine the maximum propor t ion of any var ie ty of dr ied fruits produced in New South Wales in any season which may be marketed within the Sta te of New South Wales other than by way of sale to wineries and disti l leries s i tuated in New South Wales and the board in accordance wi th any such determinat ion may specify in the case of any regis tered packing shed the propor t ion of any such dr ied fruits which may be so marke ted from such packing shed and shall send by regis tered let ter post to the person in whose name such packing shed is regis tered at his address-as regis tered a let ter containing par t icu la rs of such determinat ion and specification and every such person who is guilty of any contravent ion of or failure to comply with any such determinat ion or specification shall be liable to a penal ty of not more than fifty pounds per ton for each ton of dried fruits marke ted in New South Wales other than by way of sale to wineries or disti l leries s i tuated in New South Wales in excess of the max imum propor t ion determined by the Minister.

" Season " for the purpose of this section means— (a) in the case of dried cur ran ts , dr ied sul tanas

dried lexias, dr ied doradillos, dr ied musca­tels, dr ied prunes , dr ied peaches or d r i e d pears , the calendar year , and

(b) in the case of dried apricots , or dried nec­tar ines , the period commencing on the first day of November in any year and ending on the thirty-first day of October in the suc­ceeding year , and

(c) in the case of dr ied fruits which may be declared by regulat ion to be dried fruits fo r the purposes of this Act, such period as is. prescribed.

P A R T

P A R T V I .

MISCELLANEOUS.

3 6 . (1) While any regulat ion made under this Act fixing s t a n d a r d s for different g rades of dr ied frui ts and the g rade descript ion or grade m a r k for each g rade is in force, every person shall be liable to a penal ty of not more than one hundred pounds who—

(a) packs any dried frui ts in any package branded or marked with a g rade descript ion or g rade m a r k which is not the grade descript ion or grade mark fixed for dr ied frui ts of the qual i ty packed in the par t i cu la r package ;

(b) has in his possession any dried f rui ts contained in any package b randed or marked with a g rade descript ion or g rade m a r k which is not the g rade descript ion or g rade m a r k fixed for dr ied frui ts of the qual i ty contained in the pa r t i cu la r pack­age ; or

(c) by the use of any descript ion or mark on a package containing dried frui ts represen ts such fruits to be of a par t i cu la r s tandard , whereas in fact such frui ts a re not of tha t s tandard .

(2) W h e r e it is made to appea r to the satisfac­tion of any inspector or officer of the board, or any mem­ber of the police force, a t the t ime of discovering an offence—

(a) tha t the person p r imar i ly liable has used all due diligence to avoid a breach of this section; and

(b) by what person the offence has been commit ted; and

(c) that it has been committed without the know­ledge, consent, or connivance of the person p r imar i ly liable,

the said inspector, officer, or member of the police force shall proceed against the person whom he believes to be the actual offender without first proceedi ing against the person p r imar i ly liable.

3 7 . No action, claim, or demand whatsoever shall lie or be made or allowed by or in favour of any person

whomsoever

whomsoever aga ins t His Majesty or the Minis ter or the Commission or the board or any member thereof or any officer or person act ing in the execution of this Act or of the regula t ions made the reunder for or in respect of any damage, loss, or in jury sustained or alleged to be sus­ta ined by reason of the pass ing of this Act or of i t s operat ion or of anyth ing done or p u r p o r t i n g to be done under this Act or the regula t ions made thereunder , save only for the value of any dr ied f rui ts purchased or acquired under this Act.

3 8 . Except under such conditions as are prescr ibed buck cu r ran t s shall not be—

(a) bought or sold; (b) removed from a packing shed for the purpose of

purchase or sale.

3 9 . (1) Any person contravening or fail ing to com­ply with any of the provisions of this Act shall, where no other penal ty is expressly provided, be liable on convic­t ion to a penal ty not exceeding five hundred pounds .

(2) Penal t ies imposed by this Act or by any regu-tion made the reunder may be recovered in a s u m m a r y manne r before a s t ipendiary or police mag i s t r a t e or any two justices in pe t ty sessions.

(3) Proceedings for the contravent ion of or fai lure to comply wi th any of the provis ions of this Act or of the regula t ions may, no twi ths tanding the provis ions of any other Act to the cont rary , be commenced a t any time within twelve months from the t ime of the com­mission of the offence.

40. (1) The Governor may make regulat ions not in­consistent with this Act prescr ib ing all m a t t e r s which by this Act a re required or permi t ted to be prescribed, or which a re necessary or convenient to be prescr ibed for ca r ry ing out or giving effect to th is A c t ; and in pa r ­t icular and without l imiting the genera l i ty of the fore­going power, the Governor m a y make regulat ions for or wi th respect t o—

(a) the sale, purchase or marke t ing or the a r r a n g i n g for the sale, purchase or marke t ing of dried f ru i t s ;

(b)

(b) the branding , mark ing or labelling of packages containing dr ied f ru i t s ;

(c) the fixing of s t anda rds for different g rades of dr ied f rui ts and the g rade descr ipt ion or g rade m a r k for each g r a d e ;

(d) the l imiting and controll ing of selling and agency charges for the sale and dis t r ibut ion of dr ied f ru i t s ;

(e) the manne r of effecting the renewal of the regis­t ra t ion of packing sheds and dehydra to rs and the t r ans fe r of the certificate of reg i s t ra t ion of a packing shed or of the reg is t ra t ion of a dehydra to r and the pa r t i cu la r s to be furnished to the board by the appl icants for r eg i s t r a t ion ;

(f) the si tuation, construction, operat ion, mainten­ance, and cleansing of packing sheds ;

(g) the inspection and regula t ion of packing sheds and stores and the conditions under which pack­ing sheds and s tores shall be conducted and the inspection and regula t ion of machinery, appl i ­ances, implements , sweat boxes and utensils used in connection therewi th ;

(h) the conditions and times under and a t which fruit may be received, p repa red , stemmed, p ro ­cessed, graded, sorted, packed, or s tored a t packing sheds ;

( i ) the del ivery to and removal from packing sheds of dr ied f ru i t s ;

( j ) the keeping and inspection of records and stat is t ics of dr ied frui ts received a t and deliv­ered from packing sheds ;

(k) the accommodation for inspectors to be p ro ­vided within packing sheds ;

(1) the cleanliness and freedom from disease or disease ca r ry ing of persons engaged in the p ro ­duction, dry ing , manufac tu re , p r epa ra t i on , handl ing, s temming, processing, g rad ing , sort­ing, packing, s torage , carr iage , del ivery or removal of dr ied f ru i t s ;

(m)

( m ) the class, construction and condition of the packages in which dr ied f rui ts shall be packed, the condition and grade of packed dr ied frui ts and the methods of packing dried f ru i t s ;

( n ) the inspection and regulat ion of d ry ing grounds and d ry ing racks whereon dr ied fruits a re dried, and of premises , sweat boxes, picking t ins , picking boxes, t r ays , bags, hessians, dips, dip-t ins, sulphur chambers, and any other appur ­tenances, machinery, appliances, utensi ls , mater ia l s , implements and art icles used in con­nection with the d ry ing of f ru i t s ;

(o) the methods of dry ing and the conditions under which fruits are dried, including the classes and t y p e s of dips to be used in connection with the dry ing of frui ts and the mater ia l s and ingredi­ents to be included in such d ip s ;

(p ) the si tuation, maintenance and cleansing of de l iydra tors ; and the inspection and regulat ion of del iydrators and the conditions under which del iydrators shall be conducted and ope ra ted ;

(q) the conditions under which and the manner and methods in which dried fruits a re to be packed in a package ;

( r ) admixtures of dried fruits in any one package ; (s) the issue of receipt and release notes for dr ied

frui ts received at and released from a packing shed;

( t ) the prevent ion and control of diseases in dried frui ts and the prevent ion of the contaminat ion thereof by insect pests or foreign subs tances ;

(u) the hygienic t r ea tment of dr ied f ru i t s ; (v) the mois ture contents, caused by added water.,

of dr ied fruits ; (w) the inspection of and determinat ions as to grade ,

freedom from disease, and freedom from foreign substance, of dr ied f ru i t s ;

(x) the powers, r ights , duties and responsibil i t ies of inspectors and the responsibil i t ies of other per ­sons in relat ion the re to ;

(y)

(y) the inspection of dried frui ts by inspectors in packing sheds, dehydra tors , s tores , warehouses bonds, shops, or bakeries, on farms, d ry ing grounds , d ry ing racks, ra i lway premises o r wharves , in vehicles, ra i lway t rucks or boats , or a t any other place whatsoever , and the facilities necessary to enable inspectors to make such in­spections and keep records of same and obta in samples of the f rui t inspected;

(z) the detent ion of dr ied frui ts by inspectors o r other persons au thor ised by the b o a r d ;

(aa) the amount of drawback frui t to be issued, the packing and sale of drawback fruit , and t h e b rand ing of packages containing same ;

(bb) the custody of the common seal of the board , the use of such seal, and the sealing of cont rac t s , documents and plans the rewi th ;

(cc) forms to be used under this Act. (2) A n y such regula t ion m a y prescr ibe a pena l ly

not exceeding one hundred pounds for any breach thereof. (3) Such regulat ions shall—

(a) be published in the Gazet te ; (b) take effect f rom the da te of publication or f rom

a la te r da te specified in the regu la t ions ; and (c) be laid before both Houses of Pa r l i amen t within

fourteen s i t t ing days af ter the publication there­of if P a r l i a m e n t is then in session, and if no t , then within fourteen s i t t ing days af ter the com­mencement of the next session.

(4) If ei ther House of P a r l i a m e n t passes a reso­lution, of which notice has been given, a t any t ime within fifteen s i t t ing days af ter such regula t ions have been laid before such House disallowing any regula t ion or p a r t thereof, such regulat ion or p a r t shall thereupon cease to have effect.

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