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©State of Queensland

QUEENSLAND

MARGARINE ACT 1958-1978 [Reprinted as at 1 June, 1981]

Margarine Act of 1958, 7 Eliz. 2 No. 75

As amended by

Metric Conversion Act 1972, No. 31, Part II, First Sch. Part II and First Schedule in relation to this Act commenced 1 January 1976

(Proc. pubd. Gaz. 28 June 1975, p. 1070).

Margarine Act Amendment Act 1973, No. 28

Margarine Act and Another Act Amendment Act 1974, No. 35 Commenced 12 October 1974 (Proc. pubd. Gaz. 12 October 1974, p. 562).

Margat'IDe Act Amendment Act 1975, No. 22 Commenced 7 June 1975 (Pmc. pubd. Gaz. 7 June 1975, p. 822).

Margarine Act Amendment Act 1978, No. 66

An Act to Consolidate and Amend the Law relating to the Manufacture and Sale of Margarine, and for other plJ11)oses.

[Assented to 19 December, 1958]

BE IT EN ACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of thesame, as follows:-

1. (1) Short title. This Act may be cited as "The Margarine Act of 1958."

(2) Commencement of Act. This Act shall come into operation on the first day of January, one thousand nine hundred ,and fi£ty-nine.

Collective tItle conferred by Act of 1978, No. 66, s. 1 (3).

2. Repeal and savings. "The Margarine Acts, 1910 to 1950," are hereby repealed.

3. Meaning of terms. In this Act, unless the context otherwise indi­cates or requires, the following terms shall have the meanings respectively ass1igned to them, that is to say:-

"Agcnt"-A person who, on behalf of another person who manu­factmes margarine, takes delivery of, or controls, manages or directs the delivery of, margarine for the purposes of sale or disposal otherwise than by sale;

"Analyst"-A person appointed, or deemed to be, an analyst under this Act; .

2 s.3 MARGARINE ACT 1958-1978

"Butter"-The fatty substance derived from the mechanical agita­tion of the milk of a cow or of cream derived from 'the milk of a cow;

"Butter fat"-The fat of cow's milk; "Cooking margarine"-Margarine that contains fat from edible

tallow in a quantity of not less than 72 pef centum of the total weight of that margarine;

"Cooking margarine license"-A license to" manufacture only cooking margarine;

"Edible tallow"-Tallow that is derived from the rendering of or causing Or 'Suffering to be rendered any part of the carcass of stock into tallow in accordance with the regulations made under the Meat Industry Act 1965-1973;

"Inspector"-A person appointed, or deemed to be, an inspector under this Act;

"License"-A license, including any renewal of a lioense, granted under this Act and in force at the material time, and with reference to any particular provision of this Act a license of the description appropriate according to that provision;

"Manufacture"-Includes prepare, process and pack; "Margarine"-Any solid or semi-solid substance which-

(i) Is capable of being used as a substitute for butter whether for .oooking or for eating purposes or for both cooking and eating purposes; and .

(ii) Is manufactured wholly or mainly from one or more fats or oils or a combination of one or more fats and oils,

but does not include dripping or lard or any single fat sold as such fat or dairy blend within the meaning of the Dairy Produce Act 1920-1974;

"Mark"-Includes brand or stamp; "Minister"-The Minister for Primary Industries or other Minister

of the Crown who at the material time is charged with the administration of this Act: the term includes a Minister of the Crown who is temporarily performing the duties of the Minister; .

"Pa,ckage"-Includes every means by which goods may be cased, covered, ,enclosed, contained or packed; and "to pack" has a corresponding interpretation;

"Place"-· -Includes any house, shop, warehouse, structure build­ing, ship, barge, boat, vehicle, car, aeroplane, station: wharf, shed, or any land or pmmises whatsoever and wheresoever situated;

"Polyunsaturated table margarine"-Table margarine in which all t~le fatty acids. present contain not less than 40 per centum of clsmethylene mterrupted polyunsaturated fatty acids and not more than 20 per centum of satur~~~cd fatty acids;

MARGARINE ACT 1958-1978 ss.4-6 3

"Sell"-Includes sell by wholesale or by retail or by auction, and barter, exchange or supply for profit, assign or part with possession for valuable consideration, oiler or expose for sale,

. keep or have in possession for sale, or send, forward, consign 01' deliver for or on sale, and to authorise, cause, permit, allow, suffer or attempt any of such things; and "sale" has a corresponding meaning;

"Table margarine"-Margarine manufactured from fats or o11s exclusively of vegetable origin;

"Table margarine license"-A license to manufacture only table margarine;

"Under Secretary"-The Under Secretary of the Department of Primary Industries: the term includes the Deputy Dil'ectof­General of that department and a person for the time being discharging the duties of either of those offices.

For the purposes of this Act the expression "main display portion" has the same meaning as that assigned to it in regulations made under the Weights and Measures Act 1951-1972.

As amended by Act of 1974, No. 35, s. 3; Act of 1975, No. 22, s. 3; Act of 1978, No. 66, s. 2.

4. inspectors, analysts, &c. The Governor in Council may from time to time appoint such inspectors, analysts and other officers as he deems necessary for the administration of this Act.

Every inspector or analyst appointed Ullder "The Dairy Produce Acts, 1920 to 1952," shall during the continuanoe of that appointment and without further or other appointment under this Act be also an inspector or analyst, as the case may be, under and for the purposes of this Act.

5. Unlicensed persons not to manufacture margarine. No person shall manufacture margarine or act as an agent in respect of any margarine-

(i) Unless he hoJds a license; (ii) At any premises other than the premises specified in the

license; or (iii) In contravention of any condition of the license.

Penalty: Four hundred dollars and in the case of a person who continues any offence against this section after he has been convicted therefor Forty dollars for each and every day on which the offence is continued.

Decimal currency reference substituted pursuant to section 7 of Decima] Currency Act of 1955.

6. Licenses. (1) Every application for a license or the renewal or transfer of a license shall be made to the Under Secretary, shall be in the prescribed form and shall contain or be accompanied by the prescribed information. -

(2) Subject as hereinafter in this section provided the Minister may in his absolute discretion grant or refuse to grant a license or a renewal or transfer of a license.

4 !is. 7, 8 MARGARINE ACT 1958-1978

The Minister may grant the license or renewal or transfer of a license subject to such terms and conditions as may be fixed by him.

(3) Ai'l applicant who makes application in that behalf shall be entitled to be granted a renewal of a license upon and subject to the conditions to which the license is then subject unless in respect of the license in question the appHcant- '

(i) Has been convicted of an offence against this Act; or Oi) Has contravened or failed to comply with any of the con­

ditions of the license.

( 4) Every license and every renewal of a license shall expire on the thirty-first day of December next after the date of the issue or, as the case may be, any renewal thereof. . .

For the purposes of this subsection ,the renewal for any period of a license shall be deemed to be made on the first day of January of that period.

The application for the n~newal or further renewal of a license shall be made as prescribed on or before the thirty-first day of December, whereon that license will expire unless renewed O'r, as the case may be, further mnewed.

(5) Every lioense shall be in the prescribed fornl and shall be deemed to be granted subject to all terms and conditions, if any, specified therein and to all other terms and conditions as may for the time being be prescribed for the description of license to whioh that license belongs.

(6) On application in the prescribed form, a license may at any time during the currency thereof be transferred in the prescribed manner so as to apply to any other person or premises approved by the Minister.

(7) Every application for a license or the renewal or transfer of a license shall be accompanied by . the prescribed fee.

7. Classes of licenses. descriptions, namely:-

A license shall be of the following

(i) A table margarine license; (ii) A cooking margarine license; and

(iii) An agent's license.

8. Registered marks. (1) Every licensee shall mark all margarine manufaotured by him with a mark registered by the Minister as prescribed by this section.

(2) Application for the registration of a mark shall be made to the Under Secretary and shall contain the prescribed infonnation and particulars.

Such an application shall be made in connection with every application for a license .

.. (3) Th~ Minister 1?ay; register or refuse to register any mark in accordance WIth the applIcatIOn therefor. .

MARGARINE ACT 1958-1978

(4) A person who holds licenses to manufacture both table margarine and cooking margarine shall register different marks for each such class of margarine and the Minister shall not register any mark which is identical with, or which so nearly resembles as to be capable of deceiving, any other mark registered under this Act.

(5) A person shall not mark any margarine manufactured by him with any mark other than a mark registered by him under this Act in respect of that margarine.

SA. Persons other than licensees to register marks. (1) A person who sells by wholesale in the State margarine th.at is manufactured outside the State shall mark all margarine prior to such sale with a mark registered by the Minister as presoribed by this section.

(2) Applications for the registration of a mark shall be made to the Under Secretary and shall contain the pI'eJscribed information and particulars.

(3) The Minister may register or refuse to register any mark in accordance with the application therefor.

(4) A person who sells by wholesale in the State table margarine and cooking margarine that am manufactured 'Outside the State shall register different marks for each such class of margarine and the Minister shall not register any mark that is identical with, or that so nearly resembles as to be capable of deceiving, any other mark registered under this Act.

(5) A person who sells by wholesale in the State margarine that is manufactured outside the State shall not mark that margarine with any mark other than the mark registered by him under this Act in respect of that margarine.

Inserted by Act of 1975, No. 22, s. 4.

9. Limitation of amount of table margarine to be manufactured. (1) The maximum amount of table margarine to be manufactured in Queensland (otherwise than for export beyond the Commonwealth of Aus,tralia) in any period of twelve months ending on the thirty-first day of December shall be determined by the Governor in Council by Order jn Council.

(2) Every table margarine license shall contain a condition specify­ing the maximum amount of table margarine which may be manufactured by the licensee during any period of twelve months ending on the thirty­first day of December during which the license or any renewal thereof is in force:

Provided that in the case of a license issued after the first day of January in any year such condition may specify such a quantity in respect of the part of the year during which that license will be in force after the issue thereof and before it is first renewed.

(3) Except as prescribed by this subsection a licensee shall not during any quarter in any calendar year manufacture a quantity of table margarine exceeding the quarterly allowance:

6 ss.10, 11 MARGARINE ACT 1958'--1978

Provided that a lioensee who in any quarter manufactures a: quantity of table margarine deficient of the quarterly allowance may in any subse­quent quarter in the same year manufacture table margarine in excess of the quarterly allowanoe sufficient to make up the whole or any part of the deficiency.

For the purposes of this subsection-(i) "Quarterly allowance" means an amount calculated by divid­

ing the maximum quantity of table margarine which the licensee in question is allowed to manufacture during any period of twelve months by four; and

(ii) "Quarter" (in relation to a calendar year) means the pedod of three months commencing on the first day of January, April, July or October.

As amended by Act of 1972. No.3!, s. 6. First Sch.; Act of 1973, No. 28, s. 2; Act of 1975, No. 22, s. 5.

10. (1) Cancellation of licenses. The Governor in Council may by Order in Council cancel any license held by any person who is convicted of ,an offence against section five or section eleven of this Act.

(2) Powers of Governo.r in Co.uncil o.n cancelhltion of table margarine licenses. If a table margarine license. is so cancelled the Minister may subject to this Act-

(a) Grant a new table margarine license for the unexpired term of the cancelled license; or

(b) Vary the conditions of the other current table margarine licenses by inoreasing proportionately the respective maximum amounts specified therein.

11. Permits to. manufacture margarine fo.r export. (1) Notwithstand­ing anything in this Act or in any license---

(i) The Minister may grant to any person who holds a license a special permit authorising such person to manufacture for export beyond the Commonwealth of Austra:Iia such quantity of table margarine for such period as is specified in the permit; and .

(ii) Such person may in accordance with the conditions of such permit manufacture such margarine for export.

(2) Every special permit-(i) Shall contain such conditions as the Minister thinks necessary

to ensure that none of the margarine manufactured thereunder shall be sold or distributed for use within the Commonwealth of Australia and such other conditions as are prescribed; and

(ii) May be cancelled by the Minister upon breach of any or the conditions thereof.

.. (3 { Any person ~ho cont.ravenes or f~i1s to comply with a?y co~­d1tIon 01 any such speCIal permIt shall be gUilty of an offence agamst thiS Act.

MARGARINE ACT 1958-1978 s.U 7

12. Packaging and labelling of table margarine. (1) NO' person shall sell (otherwise than for export beyond the Commonwealth O'f Australia) table margarine unless that margadne-

(a) is made up in quantities permitted by the regulations relating to the sale of prepacked articles made under the Weights and Measures Act 1951-1978;

(b) is packed in a package on which is marked­

(,0 in the case of table margarine--(A) that is not polyunsaturated, the words "TABLE

MARGARINE"; (B) that is polyunsaturated, the words

"POLYUNSATURATED TABLE MARGARINE";

(ii) the words "CONTAINS ANTIOXIDANT"; (iii) the expression "CONTAINS LESS THAN 5 mg OF

CHOLESTEROL PER 100 g" or the expression "CONTAINS A MAXIMUM OF (insert amount) CHOLESTEROL PER 1 00 g";

(iv) the name, address and registered mark of the manufactuver of the margarine;

(v) the net weight of the margarine contained in the package.

(2) A package containing table margarine may be marked also with-

(a) the expvession-(i) "VEGETABLE OILS (insert percentage) OF TOTAL

OIL CONTENT"; (ii) "CONTAINS VITAMIN A (insert quantity)

MICROGRAMS PER GRAM AND VITAMIN D (insert quantity) MICROGRAMS PER GRAM";

(iii) "EACH 60 g OF THIS FOOD CONTAINS (insert quantity) I.U. OF VITAMIN A AND (insert quantity) I.U. VITAMIN D WHICH ARE (insert percentage) AND (insert percentage ) RESPECTIVELY OF THE AVERAGE DAILY ALLOWANCE"; or

(iv) "CONTAINS-LESS THAN 5 mg OF CHOLESTEROL PER 100g;· VITAMIN A (insert quantity) MICROGRAMS PER GRAM AND VITAMIN D (insert quantity) MICROGRAMS PER GRAM AND ANTIOXIDANT".

(b) in the case O'f polyunsaturated table margarine, a statement relating to' the fatty acid cDntent of the margarine which statement shall be-

"SATURATED FATTY ACID-(insert percentage of saturated fatty acids present on a total fatty acid basis) JJ

followed by the expression "POLYUNSATURATED

8 ,1.12 MARGARINE ACf 1958-1978

FATTY ACID-(insert percentage of cis-methylene inter~ rupted polyunsaturated fatty acid present on a total fatty acid basis)";

( c) the registered export number of the manl!facturer of the margarine; .

(d) the date of manufacture of the margarine 'Or the code mark of the manufacturer indicating that date.

"

(3) (a) The printing on the main display poition or lid of a package containing table margarine (save the particulars permitted by subsection (2) (c) (d» shall be in a colour of a distinct contrast to the colour of its background .

. (b) Subject to paragraph (a), the words "TABLE MARGARINE" or; as the case may be, "POLYUNSATURATED TABLE MARGARINE" shall ,be in print of the one c'Olour .

. (4) . (a) The wocds, figures or marks required 'Or permitted by this section to be . marked on a package containing table margarine shall. be marked or (in the case of words, figures or marks permitted by subsection (d» embossed in bold-faced sanserif capital letters of the appropriate printed image' height prescribed by the regulations.'

(b) The words "TABLE MARGARINE" or, as the case may be, "POLYUNSATURATED TABLE MARGARINE" required by this section tp he marked on a package containing table margarine shall be marked on the main display portion or lid thereof. .

(c) All Q1ther wQlrds, figures or marks required or permitted by this section to be marked on a package containing table margarine shall be marked on the main display portion or lid thereof .

. . . (d) The words "TABLE MARGARINE" or, as the case may be, "POLYUNSATURATED TABLE MARGARINE" and any 'Other words, figures or marks required or permitted by this section to be marked on. a package containing table margarine may also be marked Dr embossed-

(i) where the sides of the package are perpendicular to its base or are substantially so, 'On at least two opposite faces thereof; or

(li) in any other cas,e, at the extremities of any hmizontal of the package that is parallel ·to the base of the package.

Where any words, figures or marks are marked Q1r embossed in the manner specified in this paragraph the wmds, figures or marks shall contain the words "TABLE MARGARINE" Qr, as the case may be "POLYUNSATURATED TABLE MARGARINE".

(5) No person shall sell (otherwise than for export beyond the Oommonwealth of Australia) table margarine packed in a package on which is marked Dr embossed any wocd, figure or mark save a wocd, figure or mark that is required or permitted by -this section to be m.arked or embossed on that package. '

MARGARINE ACT 1958-1978 8.13 9

(6) A person who contravenes or fails to comply with any provision of this section is guilty of an offence.

Penalty: First offence--$500; second or subsequent offence-mini­mum $300; maximum $1 000.

Substituted by Act of 1975, No. 22, s. 6; as amended by Act of 1978. No. 66, s. 3.

13. Packing and labelling of cooking margarine. (1) No person shall sell (otherwise than for export beyond the Commonwealth of Aus­tralia) cooking margarine unless that margarine-

(a) is made up in quantities permitted by the regulations relating to the sale of pl:epacked articles made under the Weights and A1easures Act 1951-1978;

(b) is packed in a package on which is marked-0) the words "COOKING MARGARINE" followed by the

words "CONTAINS NOT LESS THAN" and then by the expression "72% FAT FROM EDIBLE TALLOW";

(ii) the words "CONTAINS ANTIOXIDANT"; (iii) the name, address and registered mark of the manufacturer

of the margarine; (iv) the net weight of the margarine contained in the package.

(2) A package containing cooking margarine may be marked also with-

(a) the registered export number of the manufacturer of the margarine;

(b) the date of manufacture of the margarine or the code mark of the manufacturer indicating that date;

( c ) a pictorial design approved by the Minister that depicts sug­gest10ns as to the manner in which the margarine may be served, provided that the design is immediately preceded by or followed by or otherwise closely accompanied by the word "RECIPE" or the words "SERVING SUGGESTIONS".

(3) (a) The printing on a package containing cooking margarine (save of the particulars permitted by subsection (2) (a) and (b) shall be in a colour of a distinct contrast to the colour of its background.

(b) Subject to paragraph (a) the words "COOKING MARGARINE" shall be in black print on white background and the expression "CONTAINS NOT LESS THAN 72% FAT FROM EDIBLE TALLOW" shall be in print of the one colour.

( 4) (a) The words, figures or marks required or permitted by this section to be marked on a package containing cooking margarine shall be printed in bold-faced sanserif capital letters of the appropriate printed image height prescribed by the regulations.

(b) The words "COOKING MARGARINE" required by this section to be marked on a package containing cooking margarine shall be marked on the main display portion or lid and-

54403-8

10 ss.13A, 14 MARGARlNE ACT 1958-1978

(a)

(b)

where the sides of the package are perpendicular tO'its base or are substantially so, on at least two opposite faces thereof;

in any other case, at the extremities of any horizontal of the package that is parallel to the base of the package.

(c) All other words, figures or marks required or permitted by tbis section to be marked on a package containing cooking margarine shall be marked on the main display portion or lid of the package and those words, figures and marks may also be marked-,

(i) where the sides of the package are perpendicular to its base or are substantially so, on at least two opposite faces thereof;

(ii) in any other case, at the extremities of any horizontal of the package that is parallel to the base of the package.

Where words, figures or marks are marked in accordance with provision (i) or (ii) of this paragraph such markings shall contain all the words, figures and marks that are marked on the main display portion or lid of the package.

(5) No person shall sell (otherwise ~han for export beyond the Commonwealth of Australia) cook!ing margarine packed, in a package on which is printed any word, figure or mark save a word, figure or mark that is required or permitted by this section to be printed on that package.

(6) A person Who contravenes or fails to comply with any provision of this section is guilty of an offence.

Penalty: First offence-$500; second or subsequent offence-min­imum $300; maximum $1,000.

Substituted by Act Df 1974, No. 35, s. 5; as amended by Act of 1975, No. 22, s. 7; Act of 1978, No. 66, s. 4.

13A. (Repealed). Repealed by Act of 1975, No. 22, s. 8.

14. Manufacture of certain type of margarine for sale to prescribed persons. (1) Notwithstanding anything in this Act or in any license,· a person who holds a cooking margarine license may manufacture, for sale only ,to any person prescribed by the regulations or to any person belonging to a class of persons so prescribed in lumps of not less than 5 kilogrammes, margarine that contains not less than 60 per centum by weight of fat from edible tallow.

(2) No person shall-

( a ) pack margarine so manufactured III lumps of less than 5 kilogrammes;

(b) sell (otherwise than for export beyond the Commonwealth of Australia) margarine so manufactured-

(i) in lumps of less than 5 kilogrammes;

MARGARINE ACT 1958-1978 s.14 11

(ii) to' a person, not being a prescribed person or a person belO'nging to' a prescribed class of persons;

(iii) in a package, save a package O'n which are marked on at least two sides but excluding the top and bottom or base of the package-

CA) the words "COOKING MARGARINE" followed ,immediately by the words "CONTAINS NOT LESS THAN" and then by the expression "60% FAT FROM EDffiLE TALLOW" and then by the words "FOR INDUSTRIAL PURPOSES ONLY";

(B) the words "CONTAINS NOT MORE THAN (insert percentage) PERCENT OF THE ANTIOXIDANT (insert chemical name of the antioxidant)";

(C) the name and address and registered mark of the manufacturer;

(D) the registered export number of the manufacturer; (E) the net weight of the margarine contained in the

package. (3) A package containing such margarine may also be marked

with-(a) the words "SELL STOCK WITH LOWEST NUMBER

FIRST" or words that have a similar meaning; (b) the expression "IMPORTANT-MUST BE KEPT

REFRIGERATED BETWEEN (insert minimum tempera­ture) AND (insert maximum temperature)";

(c) words, approved by the Minister, that describe the particular variety or grade of cooking margarine contained in the package or such other words as may be approved by the Minister.

(4) The words, figures or marks required or pelmitted by this section to be marked on a package containing cooking margarine shall-

(a) be printed in bold-faced sanserif capital letters of a printed image height prescribed by the regulations;

(b) be printed in a celour of a distinct cDntrast to the coJour of its background.

(5) NO' person shall sell (otherwise than for export beyond the Commonwealth of Australia) cooking margarine to be used for industrial purposes packed in a package on which is printed any word, figure or mark save a word, figure or mark that is required or permitted by this section to be marked on that package.

(6) A person who contravenes or fails to comply with any provision of this section is guilty of an offence.

Penalty: First offence-$500; second or subsequent offence-min­imum $300; maximum $1000.

Substituted by Act of 1975, No. 22, s. 9; as amended by Act of 1978, No. 66, s. 5.

12 ss.14A·18 MARGARINE ACT 1958-1978

14A. References to weights and measures. Where in this Act reference is made, in relation to margarine, to weight or measure in terms of units of measurement of the imperial system and that reference is followed immediately by an alternative reilerence to weight or measure in terms of the metric system, it is to be taken that the f<;ulner reference applies with respect to margarine packed in units of me:j\Surement of the imperial system and the alternative reference applies with respect to margarine packed in units of measurement of the metric system.

Inserted by Act of 1974, No. 35, s. 8.

15. Substance to be included in margruine. No person shall manu­facture or sell~

(a) margarine unless one-tenth of one percentum by weight of the margarine consists of dry starch or arrowroot intimately mixed with the other constituents of the margarine;

(b) cooking margarine that contains animal fats 01' animal oils other than edible tallow;

( c ) table margarine that contains fats or oils other than fats or oils exclusively of vegetable origin.

Substituted by Act of 1975, No. 22, s. 10; as amended by Act of 1978, No. 66, s .. 6.

16. Offences as to manufacture, sale, &c., of margarine. Every person who--

(i) Us·es butter or milk other than skim milk containing not mOire than . 05 per centum of butter fat in the manufacture of margarine;

(ll) Keeps any quantity of butter or milk other than skim milk containing not more than . 05 peroentum of butter fat on any premises where margarine is manufactured;

(iii) Manufactures or sells margarine which contains butter fat; or

(iv) Sells margarine under any name other than that of margarine,

shall be guilty of an offence against tIus Act.

17. Notices to be displayed in :shops, &c., where margarine sold. ( 1) The occupier of every store, shop,stall in market or other place where margarine is sold shall place and keep placed in a conspicuous position on such store, shop, stall or other place a sign conspicuously displaying the words "margarine sold here."

(2) The occupier of every hotel, cafe, restaurant, tea-room or other place where margarine is supplied for cOinsumption by customers on the premises shall conspicuously display the word "margarine" on every vessel containing any 'Such margarine.

18. Power of inspectors as to entry, inspection and samples. (1) An inspector may at any time-

MARGARINE ACT 1958-1978 ss.19, 20 13

(i) Enter and 'Search any plaoe where margarine, O'r any fat, oil or other substance O'f any kind commO'nly used in the manufacture of margarine, is manufactured, stored, packed or sold or is suspr...cted by the inspector to be manufactured, stored, packed or sold;

Oi) Inspect any such margarine, fat, oil or other substance and any plant, machinery, apparatus or utensil in 'Or upon any such plaoe; and

(iii) Without payment take samples of any such margarine, fat, o,il. o,r other substance and for such purpose open 0'r cause to be O'pened any package which c0'ntains or which the inspector suspects to contain any such margarine, fat, oil or other substance.

(2) When an inspector takes any such sample for the purP0'se of the prosecuti0'n 'Of an offence against this Act he shall-

(i) Divide the sample into three approximately equal parts; (ii) Place each such part in a separate package and seal or fasten

each such package; (iii) Attach to'each such package a label stating, so far as known

to him, the name 0'f the occupier of the pJac,e where the sample was taken;

(iv) Deliver one of the parts to the person in charge or apparently in charge0'f such place;

(v) Retain one of the parts f0'r future c0'mparis0'n; and (vi) Forward the 'Other part t0' an analyst for analysis.

As amended by Act O'f 1975, NO'. 22, s. 11.

19. Inspection of books and accounts. F0'r the purposes of this Act any inspector may at any reasonable time enter any place where he suspects that any acc0'unts, bO'oks or d0'cuments relating to' margarine or to any fat, O'il or other substance of any kind commonly used in the manufacture of margarine are kept, and may inspect, make copies of and take extracts from, any such accounts, b00'ks 0'r documents.

20. (1) Returns by table margarine licensees. Every person who holds a table margarine license shall, not later than the seventh day of each month, furnish tO'the Minister in writing-

(i) Information as t0' the am0'unt of margarine manufactured and sold, or manufactured or S0'ld, during the preceding m0'nth at the premises specified in the license; and

(ii) Such 0'ther information as is, prescribed.

(2) Information as to margarine to be furnished when required. The Under Secretary may by notice in writing require any person to furnish to him in writing, to the best 0'f the knowledge and ability of such pers0'n, and within a time specified in the notice, any inf0'rmation as to any margarine or any fat, oil. or other substance of a kind commO'nly used in the manufacture of margarine which is Q1r has at any time been in the possession, custody or control of that person.

14 55.21-23 MARGARINE ACT 1958-1978

(3) Penalty. Any person who-(i) Fails to cDmply in any particular with the requirements of

this section or of any notice under this section; or (ii) Furnishes under this section any informatiDn which is false

or misleading, / shall be guilty of an offence against thi·s Act.

h

21. Information as to name and address of vendor of margarine. ( 1) Any inspector may at any time require the purchaser of any margarine to state the name and address of the vendor from whom he purchased such margarine.

(2) Any person who when so required-(i) Does not state the name and address of any such vendor; or

(ii) States a name or address which is false or misleading, shall be guilty of an offence against this Act.

22. Hindering inspectors an offence. Any person who-(i) Prevents or attempts to prevent any inspector from exercising

any power conferred on him by or under this Act; or (ii) H·inders Dr obstructs any inspector in the exercise of any

such power, shall be guilty of an offence against this Act. .

23. (1) Seizure, &c., of margarine which does not comply w.ith Act, &c. Any inspector may seize, detain or remove any marganne which he has reason to believe does not comply with or has been manufactured in contravention of this Act or in respect of which he has reason to believe an offence against this Act has been committed.

(2) Notice of seizure, &c. Where any margarine is so seized, detained or removed by an inspector, he shall forthwith-

(i) Give notice of the seizure, detention or removal to any person apparently in charge thereof;

(li) If there is no person apparently in charge thereof, give notice of the seizure, detention or removal to any person appearing to be the consignor or owner thereof by any name and address attached thereto or to any package con­taining the same if such address is a place in Queensland, and otherwise to the importer or consignee or his agent.

(3) Complaints as to seizure, &c. Any person claiming any margarine so seized, detained or removed may within forty-eight hours after such seizur~, detention or removal oomplain thereof to a justice, and. the complamt shall. be hear~ and detenni,ned by a stipendiary magIstrate who (after hearmg the eVIdence) may eIther confirm wholly or in part or disallow the seizure, detention or ,removal and may make an order accordingly,

MARGARINE ACT 1958-1978 88.24-26 15

(4) Disposal of margarine seized, &c. If no such complaint is made, or if the seizure, detention or remeval is confilmed, then to the extent of such cO'nfirmaticn, the margarine seized, detained or remeved shall become the property of the Crown and shall be destroyed or otherwise disposed of.

C 5) Protection of inspectors. No inspector who has sO' seized, detained or removed any margarine shall be liable for any costs, expenses cr damages on account of such seizure, detention or removal if he acted under a .veasonable belief that such margarine did nO't comply with or was manufactured in contravention of this Act or that an offence against this Act has been committed in respeot of such margarine.

24. Cel'tam fraudulent ads. intention-

Every person who with a fraudulent

(i) Alters cr obliterates, wholly or partially, er causes to be altered or obliterated, an inspector's mark or any registered mark on any margarine, or en any package containing such margarine;

C ii) Counterfeits any such mark, er places on any margarine cr package any mark purporting to be the mark of an inspector or of the manufacturer, 'either with the proper marking instruments cf such inspectcr or manufacturer, or with ceunterfeit imitations;

(iii) Empties, or partially empties, any package marked after iMpection in order to put into the same any margarine, of the same cr any other kind, not contained therein at the time of such inspectien;

(iv) Uses fer packing margarine any package previously used fer that purpose witheut effacing all previous marks thereen,

shall be guilty of an offence against this Act. Penalty: $500.

As amended by Act of 1974, No. 35, s. 9.

25. Offences by employees. Every person whO', being in the employ ef any manufacturer of margarine----- '

(i) Hires 0'1' lends the marIes er marking instruments ef his empleyer to any person;

(ii) Cennives at or is privy to' any fraudulent evasion of this Act with respect to any such marks,

shall be guilty of an offence against this Act. Penalty: $250.

As amended by Act ·of 1974, No. 35, s.lO.

26. Advertisements concerning margarine. (1) A perscn shall not use howsoever in relation to' the advertisement fO'r sale or for any purpose of ocr connected with the advertisement for sale of any margarine any advertising J?1a~ter cO'ntaining. in .relatiet;l- to' t~le f!lar.garine any word, brand, deSCrIptIve name or plctonal deVIce whlch mdIcates or suggests,

.0'1' tends sO' to' do, that the margarine is a dairy product or centains any

16 s.27 MARGARINE ACT 1958-1978

solid derived from the milk of the cow or is an equivalent substitute for butter or any other dairy product or that cooking margarine is suitable for use for any purpose other than cooking.

For the purposes of this section-U) "Advertisement" means in relation to any,l' margarine any

method of advertising or conveying information or making any claim with respect to the margarine, whether orally or by writing or pictorially or otherwise, including any circular, catalogue, leaflet, pamphlet or other document, and any public announcement made orally or by writing or by means of producing or transmitting light or sound; and

(ii) "Advertising matter," when used in relation to any margarine, includes any adveltisement and any matter whatsoever con­taining or in the nature of an advertisement.

(2) A person who, ,in any advertisement relating to the sale of margarine that purports to depict the label in respect of a package in which the margarine is packed for sale, or that package, obliterates or conceals in any manner any word, figure or mark that is marked on that label or, as the case may be, package in accordance with this Act commits an offence against this Act.

As amended by Act of 1974, No. 35, s. 11.

27. Service of documents. (1) Any notice or other document whatsoever under 'the pmvisions of this Act may be given or delivered to or served upon any person-

(i) By delivering the same to such person personally; or (ii) By leaving the same at the usual place of business or address

of such person or at his last known place of business or address or, in the case of a hoJder of a license or permit under this Act, at the place of business or address., if any, stated in the license or permit; or

(iii) By forwarding the same by post in a prepaid letter addressed to such person at his usual place of business or address, or at his last known place of business or address, or in the case of a holder of a license or permit under this Act, at the place of business or address, if any, stated in the license or permit.

(2) In any pros:ecution for an offence against this Act a certificate under the hand of the Under Secretary that a writing annexed to the certificate is a true copy of a notice or document forwarded by post by prepaid letter by the Under Secretary to the defendant on the date stated in the certificate shall be evidence (and in the absence of evidence in rebuttal shall be conclusive evidence) of the matters certified to and that the original notice or document of which the writing purports to be a copy was received by the defendant on or about the time at which it would be delivered in the ordinary course of post if it had been posted on the date stated in the certificate and that the signature on the certificate is the signature of the person by whom it purports, to have been signed.

MARGARINE ACf 1958-1978 ss.28, 29 17

28. Facilitation of proof. In a proceeding under or for a purpose of this Act-

(i) It shall not be necessary to prove the appointment of any inspector or analyst;

(ii) A signature purporting to be that of any inspector or analyst shall be taken to be the signature it purports to be until the contrary is proved;

(iii) A document purporting to be a duplicate or copy of a license, permit, certificate, notice or order granted, giv'en or made under this Act shall, upon its production in evidence, be ,evidence of that license, permit, oertificate, notice or order, and in the absence of evidence in rebuttal, shall be conclusive evidence thereof;

(,iv) A document pU11porting to be signed by the Under Secretary and stating that at any specified time there was or was not in force a license or permit under this Act as described therein issued to a specified person, or in respect of a specified thing, or that any such license or permit was or was not subject to terms, conditions or restrictions or was or was not issued subject to the terms, conditions and restrictions set out in that document shall, upon its production in evidence, be evidence of the matter or matters in the docu­ment, and in the absence of evidence in rebuttal shall be conclusive evidence of such matter or matters;

(v) A document purporting to be signed by the Under Secretary and certifying that the amount of fees or other moneys specified therein is payable under this Act and has not been paid by a specified person shall, upon its production in evidence, be evidence of the matter or matters certified to therein, and in the absence of evidence in rebuttal shall be conclusive evidenoe of such matter or matters; and

(vi) The averment in any complaint of the date on which the commission of any offence under this Act came to the knowledge of the complainant shall be evidence of that matter, and in the absence of evidence in rebuttal shall be conclusive evidence of such matter.

29. Analyst's certificate prima facie evidence. In a prosecution for an offence under this Act~

(0 The production by the prosecutor of a certificate of analysis purporting to be under the hand of an analyst shall be sufficient evidence of the facts stated therein unless the defendant requires that the analyst shall be called as a witness, in which case he shall give notice thereof to the prosecutor not less than three clear days before the return day;

(ii) In like manner the production by the defendant of a certificate of analysis purporting to be under the hand of an analyst or of a person duly registered as a duly qualified analyst under "The Health Acts, 1937 to 1955," shall be

18 s.30 MARGARINE ACI' 1958-1978

sufficient evidenoe of the facts stated therein, unles!s the prosecutor requires that the analyst or other such person be called as a witness. A copy of such last named certificate shall be sent to the prosecutor at least three clear days before the return day, and if it is not so sent the Court may adjourn the hearing on such terms as it thinks proper.

30. (1) General penalty. Every person who ~ontravenes or fails to comply with any provision of this Act shall be gUilty of an offence against this Act.

(2) Every person guilty of an offence against this Act for which no penalty is specifically provided shall be liable to a penalty of not more than $500 and in the case of a continuing offence to an additional penalty of not more than $100· for each day 011 which the offence is continued after a oonviction or order of any court in relation to the offence.

( 3) All offences under this Act may be prosecuted and all fees and other moneys payable under this Act and not paid may be recovered in a summary way under "The Justices Acts, 1886 to 1958."

( 4) The summons in any such proceeding in which an analyst's certificate is used shall not be made returnable in less than seven days from the day on which it is served.

(5) There shall be served with the summons a copy of the analyst's certificate (if any) obtained on behalf of the prosecution.

TIie endorsement of the analyst's certificate with an oath of service shall be prima facie evidence of the service of such copy.

(6) A prosecution for any offence against this Act may be instituted at any time within twelve months after the offence was committed or within six months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period.

(7) Liability for offence by corporations. (a) Where 'a body corporate offends against this Act each and every one of the following persons shall be deemed to have committed the offence, and shall be liable to be proceeded against and punished accordingly namely:-

(i) The managing director, manager or other governing officer, by whatever name called, and every member of the govelning body, by whatever name called thereof; and

(ii) Every person who in Queensland manages or acts or takes part in the management, administration or government of the business in Queensland of the corporation:

. Provided that any such person proceeded against pursuant to this subsection shaH not be convicted if he satisfies the Court that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

MARGARINE ACT 1958~1978 ss.31·33 19

(b) This subsection applies so as not to limit or affect howsoever the liability of a corporation to be proceeded against and punished for an offence against this. Act committed by it.

(8) Compensation on conviction. On any conviction under this Act the Court may order such payment as it thinks fit as compensation for loss of time or expense incurred in consequence of the offence of which the defendant was convicted, or in connection with the proceedings to secure such convictions:

Provided that all fees and other expenses incident to the analysis of any margarine or ingredients used or of a kind commonly used in the manufacture thereof in respect of which the oonviction is obtained, shall be deemed to be an expense incurred in connection. with the proceedings to secure the conviction.

As amended by Act of 1974, No. 35, s. 12.

31. Issue of licenses between passing and commencement of Act. For the purpose of bringing this Act into operation on the first day of January, one thousand nine hundred and fifty-nine, licenses under this Act may be issued after the passing of this Act and before the said first day of January, one thousand nine hundred and fifty-nine, and for that purpose all steps and things necessary for or incidental to the issue of any such licenses may be taken and done after the passing of this Act but so that any license so issued shall not have any effect until this Act comes into operation on the said first day of January, one thousand nine hundred and fifty-nine.

32. Application of Act to table margarine. Every provision of this Act relating t(}--o

(1) The entry and search of any place where table margarine or any fats, oils or other substance commonly used in the manufacture of table margarine are suspected to be stored, packed or sold;

(ii) The inspection and obtaining of samples of any such table margarine or other substance;

(iii) The inspection and making copies of and taking extracts from any accounts, books or documents relating to table margarine or any such substance;

(iv) The securing of infonnation as to table margarine or any 'Such substance;

(v) The sale of any table margarine or other such substance; (vi) The ingredients of table margarine;

(vii) The making of regulations, shall appl~ in relation .to all ~able margarine and every such ()ther substance III the State, IrrespectIve of whether that table margarine or other substance was or was not manufactured in the State .

. 33. RegQlbtions. (1) The Governor in Council may from time ~o t1lI:e make re~ulatio,n~" not i~consistent wit~ this Act, prescribing all macters and thmgs wmcn by thIS Act are reqUIred or perm1tted to be

20 s.33 MARGARINE ACT 1958-1978

prescribed O'r which are necess.ary or convenient to be prescribed for carrying out O'r giving effect to this Act and, without limiting the generality of the foregO'ing provisiO'ns of this subsection, in particular-

(i) Prescribing and regulating the labelling of orr the wliting or printing of particulars on packages of mar,garine;

(ii) Prescribing returns of any prescribed information as to' sales, stocks, manufacture, packing and ingredients of margarine by such persons or all persons prescribed, il1 such classes of persons as may be prescribed and the time and mode of making and furnishing the same;

(iii) Prescribing, regulating and controlling the situatiDn, con­struction, operation, maintenance and cleanliness of premises where margarine is manufactured;

(iv) Prescribing, regulating and controlling the packing of margarine;

(v) Prescribing the methods of analysis of any margarine for the purposes of this Act;

(vi) Prescribing chemical and physical criteria for the fatty portion of any type of margarine which may constitute the basis of proof for the purposes of this Act that any margarine is or is not of such type;

(vii) Prescribing, regulating and controlling the classes of licenses which may be issued under this Act; applicatiDns for and the granting of, O'r any class of, licenses under this Act and the subscribing of declarations as to the truth of any statements in such applicatiDns; the provisions, conditions and restrictions subject to which in pursuance of this Act such licenses or any class thereof may be granted, and all or any matters and things relating to the renewal, cancellation, suspension and endorsement of such licenses, the notification of cha..'1ge in any O'f the particulars required to be inserted in applications or in licenses, and the issue of duplicates for any of them which may be lost or destroyed, or whereon the particulars have become illegible; .

(viii) Prescribing forms under this Act and the respective purposes for which such forms or forms to' the like effect shall be used and the time within which any notice must be given;

(ix) Prescribing, regulating and controlling the ingredients to be used in the manufacture of table margarine;

(x) Regulating or prohibiting the 'Sale of table margarine not containing the prescribed ingredients;

(xi) Prescribing, regulating and providing for the inspection in the State of the ingredients used in the manufacture of table margarine sold or intended to be sold in the State;

(xii) Prohibiting the sale of table margarine which does not comply with the regulations as to wholesomeness and freedom from adulteration or the ingredients of which have not been inspected in accordance with the regulations;

lvlARGARINE ACT 1958-1978 s.34 21

(xiii) Prescribing fees payable under this Act on sUCh basis or bases as the Governor in Council considers appropriate and the matters in respect of which such fees shall be paid, and prescribing the persons by whom and the places and times when and where such fees shall be paid so that fees· of different amounts and different bases for the calculation of fees may be prescribed both in relation to different matters and, by reference to different persons, localities or circum­stanoes, the same matters;

(xiv) Prescribing, regulating and controlling the inspection of margarine and the marks to be used by inspectors;

(xv) Prescribing, regulating and controlling the registration of marks to be used in relation to margarine;

(xvi) Prescribing, regUlating and controlling the manufacture of margarine so as to secure wholesomeness, freedom from adulteration and hygienic practices therein;

(xvii) Prescribing, providing for, regulating and controlling the powers and duties .of inspectors. and other officers;

(xviii) Prescribing, regulating and controlling the standards for the chemical composition of margarine, or any other standards in relation to margarine; and

(xix) Prescribing the amount of any penalty for any offence against any regulation, provided that any such penalty shaH not exceed two hundred dollars and (if the offence is a continuing one) a further sum not exceeding twenty dollars for each and every day on which the offence continues.

(2) The power to make, with l'espect to any margarine or any other matter or thing whatsoever, any regulation under this Act shall include power to make that regulation SD that it may be of general or specially limited application according to time, place, purposes, class or circumstances, or otherwise as is prescribed, and so that any regulation of specially limited application mayor may not differ from any other regulation of specially limited application with respect to the same persons, matters or things.

The power to make any regulation shall include power thereby to prohibit either generally or to meet particular cases.

Decimal currency reference substituted pursuant to section 7 of Decimal Currel1cy Act of 1965.

34. Publication of Orders in Council, regulations, &c. (1) Every Order in Council and regulation made under this Act shall-

(i) Be published in the Gazette; Oi) Upon its publication in the Gazette, be judicially noticed

and such pUblication shall be conclusive evidence of the matters contained therein;

(iii) Take effect from the date of such publication unless, in the case of any such regulation, a later date is specified in that or any other regulation for its commencement, when in such event it shall take effect from that later date; and

22 Sell. MARGARINE ACT 1958-1978

(iv) Be lajd before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session, and if not, then within fourteen sitting days after the commencement of the next session.

(2) If the Legislative Assembly passes a resolution ,of which notice has been given at any time within fourteen sitting days after any such Order in Councilor regulation has been laid before it disallowing such Order in COlmcil or regulation Dr part thereof, that Order in Council or regulation O'r part shall thereupon cease to' have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Order in Council or regulation.

SCHEDULE (Repealed) .

Repealed by Act of 1975, No. 22, s. 12.

54403-By Authority: S. R. HAMPSON. Government Printer, Queensland

INDEX TO

MARGARINE ACT 1958-1978

Advertisements conce,rning margarine­provisions re

Agent-meaning of term .. . . . . person not to act as, unless licensed

Analysts-meaning of term .,

A

appointment of . . . . . . . . . . . . analysts under" The Dairy Produce Acts, 1920 to 1952", to be part of sample to be forwarded to . . . . . . . . facilitation of proof, provisions re certificate of, prima jacie evidence

Application of Act to table margarine­provisions te

Appointments-inspectors analysts

Certificate of analysis-analyst's certificate prima facie evidence

Commencement of Act

Cooking margarine--to be made up in permitted quantities

c

packing and labelling of . . . . holder of license for manufacture of may manufacture

special type for sale to specified persons

Definitions. See Mea.ning of terms.

lEmployees­offences by

Facilitation of proof-provisions Fe • • • • service of analyst's ce!1ificate

Fees-recovery of

Fraudulent a.cts

D

E

F

s.26

3 5

3 4 4 ..

18 (2), (vi) 28 (i), (ii) 29

32

4 4

29

1 (2)

13 13 14

2S

sa. 27 (2), 28, 29 s. 30 (5) ..

30

24

Page

15

1 3

1 3 3

13 17 17

19

3 3

17

9 9

10

15

16, 17 18

18

IS

24 INDEX

G

Governor in Council-appointment of inspectors, analysts and other officers cancellation oflicenses .. . .. . . . . powers of, on cancellation of table margarine licenses power to make regulations

Inspectors-meaning of term appointment of .. inspectors under" TIle Hairy P/:oduce' Acts, 'ino to 1952;':

to be powers of as to entry, inspection and taking samples provisions applicable when samples taken by .. inspection of books and accounts by .. . . may require purchaser of margarine to supply name and

add rcss of vendor hindering of, an offence. . . . . . . . . . . . seizure, etc .• of margarine which does not comply with Act .. to give notice of seizure .. protection of . . . . . . . . provision re, relating to facilitation of proof

Labelling of margarinc­table margarine .. cooking margarine • . . . . . for sale to prescribed classes of persons

Licenses-meaning of term .. application for .. grant of, by Minister . . . .

L

Minister may impose terms and conditions renewal of-

when applicant entitled to .. expiration of form of .. .. .. .. .. .. ., .. to be subject to terms and conditions specified and prescribed transfer of . . . . . . . . application to be accompanied by prescribed fee classes of licenses .. cancellation of licenses .. . . . . . . . . power of Minister to alter specified quantities in table

margarine licenses returns by table margarine licenses issue of, between passing and commencement of Act

M Margarine--

unlicensed persons not to manufacture •. unlicensed persons not to act as agent in respect of licensee to mark all margarine with registered mark persons other than licensees to register marks . . . . manufacture of certain type of, for sale to prescribed classes

of persons substances to be included in .. offences in manufacture and sale of . . . . . . • • notices to be displayed in shops, etc., where margarine sold or

supplied information as to or ingredients thereof to be furnished on

demand seizure of, when Act not complied with. See also under

"seizure" complaints as to seizure to be determined by stipendiary

magistrate advertisements concerning, provisions re

Marks. See" Registered marks."

s. 4 10 (1) 10 (2) 33

J 4 4

18 18 (2) . 19 21 (1) .

22 23 (I) 23 (2) 23 (5) 28 (i) (ii)

12

.; ..

13 14 (2) (b) (iii)'

3 6 (1) 6 (2) 6 (2)

6 (3) 6 (4) 6 (5) 6 (5) 6 (6) 6 (7) 7

10 0) . 9

20 (1) 31

5 5 8 (lj' SA

14

15 16 17

20 (2)

23

23 (3)

26

Page

3 6 6

19

1 3 3

12 13 13 14

14 14 14 15 17

7 9

10

1 3 3 3

4 4 4 4 4 4 4 6 5

13 19

3 3 4 5

10

12 12 12

13

14

14

15

Meaning of terms­advertisement advertising matter agent analyst butter butter fat .. .. .. cooking margarine .. cooking margarine license edible tallow inspector .. license manufacture margarine .. mark .. .. .. Minister for Primary Industries package place . . . . .. .. polyunsaturated table margarine quarterly allowance quarter sell. . . . . . table margarine ..

INDEX

table margarine license ., . . . . . . . . Under Secretary of the Department of Primary Industries

Minister-meaning of term .. . . discretion of as to grant or refund of license may grant license subject to terms and conditions registration of mark by .. . . . . . . power of Minister to alter quantities of table margarine

specified in licenses may grant permit to manufacture margarine for export

N Notices-

display of, in shops, etc. ,where margarine sold or supplied requiring the furnishing of information . . . . . . of seizure to be given

o Offences-

manufacture of margarine without license acting as agent without a license . . . . marking margarine with other than a registered mark persons other than licensees to register marks . . . . sale of table margarine packed or labelled contrary to s. 12 sale of cooking margarine packed or labelled contrary to s. 13 packing and sale of certalD type of margarine contrary to

s. 14 (2) manufacture or sale of margarine not including specified

substance re use of butter fat, etc., in manufacture of margarine selling margarine under another name . . . . . . re display of notices in shops, etc., where margarine sold or

supplied failure to make returns or supply information .. re furnishing of name and address of vendor of margarine .. hindering of inspectors .. certain fraudulent acts .. by employees . . . . . . . . . . certain types of advertising . . . . . . contravention of failure to comply with Act to be general penalty . . . . . .

. prosecution of, in summary way return of summons • . . . . . . . analyst's certificate to be served with summons time for prosecution of .. . . liability for offences by corporations compensation on conviction

So 26 26

3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 .. 9 (3) 9 (3) 3 3 3 3

3 .. 6 (2) 6 (2) 8 (3) 9

11 (1)

17 .. 20 (n 23 (2)

5 5 .. 8 (5) 8A ..

12 13 .. 14 (2)

15

16 16 17

20 (3) 21 (2) 22 24 25 26 .. 30 (1) 30 (2) 30 (3) 30(4) 30 (5) 30 (6) 30 (7) 30 (8)

..

25

Page

15 15 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5

.5 1 1 1 1

1 3 3 4 5

6

12 13 14

3 3 5 5 7 9

10

12

12 12 12

14 14 14 15 15 15 18 18 18 18 18 18 18 19

26

Packing of margarine-­table cooking .. .. .. for sale to prescribed classes of persons

Penalty­general

Permit to manufacture margarine for export

Registered marks-

INDEX

p

R

all margarine manufactured to be marked, as prescribed application for registration registration of, by Minister . . . . . . . . . . different marks to be registered in respect of table margarjne

and cooking margarine persons other than licensees to register marks

Regulations-milking of .. subject matter of .. extent of powers to milke . . . . power to make, to include power to prohibit publication of judicial notice of . . . . to be laid before Legislative Assembly disallowance of

Repeals ••

Returns-provisions /'c making of, and furnishing information

Seizure of margarine­powers of inspectors notice of seizure .. . . . . . . complaints as to seizure, determin,ation of disposal of margarine seized protection of inspectors

Service of documents-

s

provisions re . , , . , . . . . . . analyst's certificate to be served with summons

Short title

Substances to be included in margarine, provisions I'e

T Table margarine-

limitation of amount of, to be manufactured powers of Governor in Council on cancellation ~f'liccnsc

for manufacture of permit to manufacture for export to be made up in permitted quantities packing and labelling of . , extent of application of Act to . , license, power of Minister to a1te~' specified quantities

manufactured

s. 12 13 .. 14 (2) (b) (iii)

30 (2)

11

8(1) 8 (2) 8 (3) 8 (4)

SA

33 (1) 33 (1) 33 (2) 33 (2) 34 (1) 34 (1) 34 (l) 34 (2)

2

20 (1), (2)

23 (I) 23 (2) 23 (3) 23 (4) 23 (5)

27 .. 30 (5)

1 (1)

15

9 10 (2)' .

11 12 12 32 9

Page

7 9

10

18

6

4 4 4 5

5

19 19 21 21 21 21 21 22

13

14 14 14 15 15

16 18

12

5 6

6 7 7

19 5

u Under Secretary-

meaning of term .. . . application for license to application for registration of mark to may require persons to furnish information certificate by, as to service of document provision re relating to facilitation of proof

Weights and measures­Imperial and metric systems

INDEX

s. 3 .. 6 (1) 8 (2)

20 (2) 27 (2) 28 (iv) (v)

14A ..

54401-By Authority: S. R. H\M!'SON, Government Printer, Queens18nd

Page

27

1 3 :;

13 16 17

12