MILK AND DAIRY SUPERVISION ACT 1958.

1958. Milk and Dairy Supervision. No. 6317 301

No. 6317.

MILK AND DAIRY SUPERVISION ACT 1958.

An Act to consolidate the Law regulating the Production Testing Grading and Sale of Milk and Dairy Produce and the Manufacture of Dairy Produce.

[30th September, 1958.]

BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and

the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):—

1. This Act may be cited as the Milk and Dairy Supervision short tuie Act 1958, and shall come into operation on a day to be fixed by m^n^f proclamation of the Governor in Council published in the Government Gazette, and is divided into Parts as follows:—

Part I.—Provisions applicable throughout Victoria with respect to Testing Grading and Manufacture of Dairy Produce ss. 4-53.

Part II.—Provisions applicable in Milk Areas and other Proclaimed Districts with respect to Dairy Supervisioo ss. 54-97.

Part III.—Milk Supply to the Metropolis and Proclaimed Urban Districts ss. 98-120.

commencement and division.

302 1958. Milk and Dairy Supervision. No. 6317

Repeal. First Schedule.

2. (1) The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.

(2) Except as in this Act expressly or by necessary implication provided—

(a) all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;

(b) in particular and without affecting the generality of of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation order decision certificate registration appointment test approval exemption permit application determination cancellation report declaration direction appeal licence notice liability or right made effected issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.

Minister of Agriculture. No. 3736 s. 42; No. 4997 ss. 3. 26 (c) .

Interpretation. No. 3736 s. 3; No. 3943 s. 2. No. 3969 ss.2,3 (5), 4.

" Board."

" Butter-fat."

" Butter-maker."

" Check-grading."

*' Cheese-maker."

3. This Act shall be administered by the Minister of Agriculture.

PART I.—PROVISIONS APPLICABLE THROUGHOUT VICTORIA WITH RESPECT TO TESTING GRADING AND MANUFACTURE OF DAIRY PRODUCE.

4. In this Part unless inconsistent with the context or subject-matter—

" Board " means the Dairy Produce Board under this Part. " Butter-fat " means the pure fat of milk. " Buttermaker " means a person holding a certificate from

the Dairy Produce Board as a buttermaker. " Check-grading " means the checking of the grading of

dairy produce and re-grading the same when necessary; and confirming the marks on such dairy produce or on the packages containing the same or altering such marks so as to indicate the correct grade (as the case may require).

" Cheesemaker" means a person holding a certificate from the Dairy Produce Board as a cheesemaker.


' Creamery."

" Dairy farm."

"Dai ry produce.'

' Factory.'

; Creamery " means any premises where cream is separated from milk received thereat and from which such cream is forwarded to a factory.

' Dairy farm " means any premises where cows are milked or kept for the purpose of producing milk either for sale or for preparing any dairy produce for sale and includes the animals thereon.

1 Dairy produce " means milk cream butter cheese or any article derived or prepared from milk or cream.

' Factory " means any premises where any dairy produce is received from any person other than the owner of such premises for the purpose of manufacture thereat; and includes any premises owned or controlled by a body corporate or unincorporate where dairy produce is received from any person whomsoever including any member of any such body, for such purpose.

' Grade " or " grading " means the classification according to quality of dairy produce in the prescribed manner; and " to grade " and " graded " respectively have a corresponding interpretation.

' Grader " means a person holding a certificate from the board as a grader of milk and cream.

' Inspecting officer " means an officer of the Department of Agriculture appointed as an inspecting officer under this Part.

' Mark " includes any brand stamp tag or label. ' Officer " includes inspecting officer. ' Overrun " means the difference in weight between one

hundred pounds of butter-fat and the weight of the commercial butter manufactured therefrom.

" Owner " includes occupier or person in charge, owner's agent or manager, and in the case of a body corporate or unincorporate the manager secretary or other controlling officer thereof.

" Package " means box case can crate tank basket tin cask keg barrel tub flask bottle jar dish drum capsule wrapper covering or container of any material or description whatsoever.

" Prescribed" means prescribed by this Part or any regulation.

" Receptacle" includes any vessel can utensil or other receptacle for the storing or conveying of milk or cream.

' Regulations " means regulations made in pursuance of "Regulations.-this Part.

" Grade " or " grading." " To grade " and " graded."

• Grader."

" Inspecting officer."

•Mark."

' Officer."

' Overrun.'

1 Owner."

' Package."

1 Prescribed.'

' Receptacle."


'Sell.'

"Sale." " Sold."

" Ship."

" Store."

' Test."

' Tester.'

" Sell" includes barter or exchange; and also includes agreeing to sell or offering or exposing for sale or having in possession for sale or sending forwarding or delivering for or on sale or causing suffering or attempting any of such acts or things; and " sale " and " sold " have a corresponding interpretation.

" Ship " includes any hulk lighter or boat. " Store" means place where any dairy produce is sold

otherwise than solely by retail or stored (whether in a cool chamber or otherwise) and includes a creamery or collecting depot.

" Test" means to determine in the prescribed manner the contents or constituents of dairy produce.

" Tester " means a person holding a certificate from the board as a tester of milk and cream.

Application of this Part and Part II. No. 3736 s. 4.

5. This Part shall apply to every part of Victoria; and subject to this Part the provisions of Part II. of this Act with respect to factories within a milk area within the meaning of the said Part II. and the owners thereof shall extend and apply to factories and stores within the meaning of this Part (whether within a milk area under the said Part II. or not) and to the owners thereof.

Appointment of Dairy Produce Board. No. 3736 s. 5; No. 3969 s. 3 (5), No. 5753 s. 2.

Constitution of Board.

Term of office.

Chairman.

Dairy Produce Board. 6. (1) For the purposes of this Part the Governor in Council

may appoint seven persons to be a board (to be called the Dairy Produce Board) and may remove every person so appointed.

(2) Of the persons so appointed— three shall be officers of the Department of Agriculture; two shall be representatives of persons owning factories

within the meaning of this Part; one shall be a representative of managers of such factories;

and one a dairyman supplying milk or cream to a factory.

(3) A member of the board shall be entitled unless he resigns dies or is removed therefrom to hold office for the term of his appointment but not exceeding a period of three years and shall be eligible for re-appointment.

(4) (a) The Governor in Council may appoint one of the said officers being a member of the board to be the chairman thereof and may remove such chairman.


(b) Subject to the Public Service Act 1958 there may be secretary. appointed a secretary to the board.

(5) The Governor in Council may as any vacancy occurs in vacancies. the office of chairman or other member of the board appoint some qualified person to fill the vacancy.

(6) Members of the board other than Government officers Expenses for shall be paid all railway fares necessarily incurred and all other members of travelling expenses (not exceeding Fifteen shillings per day) Board' reasonably incurred by them in attending to meetings and transacting the business of the board such payment to be made from fees collected under this Part.

(7) The present members of the board shall for the respective terms for which they were appointed continue to be members as if appointed under this Part.

7. (1) The chairman shall take the chair at every meeting of chairman, the board at which he is present. No-3736s-6-

(2 ) If at any meeting the chairman is not present one of the Acting members present shall be elected chairman of the meeting by the "*""" members present.

chairman.

(3) If at any such election of a chairman of a meeting there Equality of is an equality of votes it shall be decided by lot which of the election of members obtaining an equal number of votes shall be such chairman. chairman.

(4) The chairman presiding at any meeting of the board shall {0h£a

man

in the event of an equal division of votes at the meeting have a casting vote, second or casting vote.

8. Save as otherwise expressly provided in this Part the Quorum, powers duties and authorities of the board may at any meeting be No-3736 s-7-exercised by a quorum consisting of not less than three members; and during a vacancy in the board for a period not exceeding three months the continuing members may (subject to there being a quorum) act as if there were no vacancy.

9. (1) The board or any persons appointed by the board for Examinations. that purpose shall hold examinations of candidates for certificates KSIIMIS.?! as testers or graders of milk and cream and for certificates as buttermakers or cheesemakers under this Part.

(2) The examinations shall be written or practical or both; but in lieu of the written part of an examination the board may accept any prescribed public examination.


Certificate as tester or grader.

Recognition of certain certificates of testers and graders of milk and cream granted outside Victoria.

Certificate how signed.

(3) The time place and manner of holding examinations shall be determined by the board.

(4) The board shall issue to every person who has passed the prescribed examination and paid the prescribed fee and as to whose general conduct and character the board is satisfied a certificate to be called a certificate as a tester or as a grader (as the case may be) of milk and cream or as a buttermaker or oheesemaker for the purposes of this Part.

(5) Where persons to whom the board has issued certificates under this Part as testers or as graders (as the case may be) of milk and cream or as buttermakers or cheesemakers are in any other State of the Commonwealth of Australia entitled by virtue of any such certificate to obtain a corresponding certificate, the board, subject to the regulations and on payment of the prescribed fee, may issue to any person who has received from the proper authority in such other State a certificate as a tester or as a grader (as the case may be) of milk and cream or as a buttermaker or cheesemaker a corresponding certificate in Victoria: Provided that the standard as to examination in such other State for a certificate as a tester or as a grader (as the case may be) of milk and cream or as a buttermaker or cheesemaker is in the opinion of the board substantially equivalent to that required by the board.

(6) Every certificate shall be under the hands of at least three members of the board.

Regulations as to examinations and certificates. No. 3736 s. 9.

10. The Governor in Council after report from the board may make regulations prescribing—

(a) the subjects of examination; (b) the nature of the practical knowledge required; (c) the fees payable with respect to examinations and for

certificates; and (rf) generally, all matters necessary or convenient to be

prescribed with respect to examinations and certificates.

Suspension or cancellation of certificate. No. 3736 s. 10.

Appeal from decision of board.

11. (1) The board, if satisfied that any person holding a certificate from the board—

(A) has failed to carry out the duties imposed on him under this Part; or

(b) has been convicted of a felony or misdemeanour or of an offence against this Part—

may, after giving him an opportunity of being heard, suspend or cancel any certificate issued by the board.

(2) Such person may appeal against such suspension or cancellation to a stipendiary magistrate within seven days after the notification of such suspension or cancellation to him.


( 3 ) Such stipendiary magistrate shall entertain inquire into and decide upon the appeal and for that purpose may do all such matters and things relating thereto and in the same manner and to the same extent as he is empowered to do in the exercise of his ordinary jurisdiction; and his decision shall be final and without appeal.

12 . The board for the purposes of any investigation inquiry ^ ( " J e d o n or appeal under this Part shall have all the powers conferred by J°^g sections fourteen to sixteen of the Evidence Act 1958 upon a fnquiry'S? board appointed by the Governor in Council. N0.3736s.11.

Testing and Grading of Milk and Cream.

13„ (1 ) The owner of every creamery shall— Miik received v ' J J at creameries

(a) employ and continue to employ in connexion with tobegraded-such creamery a sufficient number of graders for the purposes of this Act ; and

(b) cause all milk received thereat to be forthwith in the prescribed manner graded by a grader in the state in which it was received thereat and without being mixed with any other milk.

(2) It shall be the duty of a grader so employed at a Dimes of creamery— SSSSki at

No. 3969 s. 7.

creameries. (a) to grade in the prescribed manner all milk received thereat ;

(6 ) to determine whether or not the milk is below the standard prescribed for the lowest grade of milk which may be used or manufactured into butter or cheese or any other kind of dairy produce (as the case may be) ;

(c) to indicate the result of such grading or determination by the marks and in the manner prescribed ;

(d) to make a record of every such grading or determination; and

(e) in the prescribed manner to take samples of all milk received thereat from suppliers and to forward such samples for testing to the factory to which cream is forwarded from such creamery!

(3) If any milk received at a creamery is determined to be Mukbeiow below the lowest grade of milk which may be used for manufacture S ^ 8

as aforesaid the cream shall not be separated from such milk at «Parated. such creamery.

http://N0.3736s.11

308

Penalty.

Exemptions.

1958. Milk and Dairy Supervision. No. 6317

(4) If for any period of more than fourteen consecutive days the owner of every creamery does not employ in connexion with the creamery a sufficient number of graders for the purposes of this Act he shall be liable to a penalty of not less than Ten pounds and not more than Fifty pounds.

(5) With the approval of the Minister the board may from time to time upon reasonable grounds being shown exempt any creamery from the operation of this section for a period not exceeding six months at any one time.

Testers graders buttermakers and cheese-makers to be employed In every factory. No. 3969 s. 6.

Milk and cream to be tested and

?raded at actories.

Duties of tester.

Duties of buttermaker and cheesemaker.

Duties of grader.

Penalty.

14. (1) The owner of every factory within the meaning of this Part shall employ and continue to employ in connexion with such factory a sufficient number of testers graders buttermakers and cheesemakers for the purposes of this Part.

(2) The owner of every factory within the meaning of this Part shall cause all milk and cream received thereat to be forthwith in the prescribed manner tested by a tester and graded by a grader in the state in which it was received thereat and without being mixed with any other milk or cream.

(3) It shall be the duty of a tester employed for the purposes of this Part at a factory to test as aforesaid milk and cream received thereat and to make a record as prescribed of the result of every testing.

(4) It shall be the duty of a buttermaker or a cheesemaker employed for the purposes of this Part at a factory to manufacture all butter or cheese (as the case may be) manufactured thereat and to make a record of such manufacture in the prescribed manner.

(5) It shall be the duty of a grader employed for the purposes of this Part at a factory—

(a) to grade in the prescribed manner all milk and cream received thereat ;

(b) to determine whether or not the same is below the standard prescribed for the lowest grade of milk or cream which may be used for manufacture into butter or cheese or any other kind of dairy produce (as the case may be) ;

(c) to indicate the result of such grading or determination by the marks and in the manner prescribed ; and

(d) to make a record of every such grading and determination.

(6) If for any period of more than fourteen consecutive days the owner of any factory does not employ in connexion with the factory a sufficient number of testers and of graders and of


buttermakers and of cheesemakers for the purposes of this Part he shall be liable to a penalty of not less than Ten pounds and not more than Fifty pounds.

(7) It shall not be necessary for the owner of a factory who is where owner a tester or a grader or a buttermaker or a cheesemaker to employ quaUfied-in connexion with such factory other testers graders buttermakers or cheesemakers if with respect to all milk and cream received thereat he personally performs all the duties imposed upon a tester grader buttermaker or cheesemaker (as the case may be) by or under this Part.

(8) With the approval of the Minister the board may from £°e^rtto

time to time upon reasonable grounds being shown exempt any factory. factory from the operation of this section for a period not exceeding six months at any one time.

15. Every person who for the purpose of manufacture into butter or cheese uses milk or cream received at any factory and determined by a grader pursuant to this Part to be below the prescribed standard for the lowest grade of milk or cream which may be used for the purpose aforesaid shall be guilty of an offence against this Part.

Offence to make butter or cheese from cream determined to be below lowest prescribed grade. No. 3736 3.13.

1 6 . E v e r y p e r s o n W h O Mixing cream J r in transit to a

(a) after any cream leaves the farm or other place at ^°g.an

which it was produced for the purpose of being NO.3736S.I4: conveyed either forthwith or ultimately to a factory; No-3969 s-8-and

(b) before the same is sampled for testing and graded at a factory—

mixes such cream or causes the same to be mixed with any other cream shall be guilty of an offence against this Part.

17. The owner of or any person employed in connexion with a factory who for the purpose of manufacture into butter or cheese mixes milk mixed—

(«) (b)

Mixing different grades &c. of milk or cream for the manufacture of butter or cheese an offence. No. 3736 s. 15.

or cream of any grade or causes the same to be

with milk or cream of any other grade ; or with milk or cream which has been determined by a

grader pursuant to this Part to be below the prescribed standard for the lowest grade of milk or cream which may be used for the purpose aforesaid—

shall be guilty of an offence against this Part.

18. Every tester or grader of milk and cream and every Tester grader buttermaker or cheesemaker shall in every testing grading and determination or process of manufacture comply with the to comply with

requirements of this Part &c. No. 3736 s. 16; No. 3969 s. 9

or process requirements of this Part and the regulations.

http://no.3736s.i4


19. Every tester grader buttermaker or cheesemaker who—

(a) knowingly misinterprets any information data oi results which he obtains during the process of testing or grading milk or cream or of buttermaking or cheesemaking ; or

(b) in any other respect knowingly fails neglects or refuses to carry out any of the duties imposed on him under this Part—


Prices to Suppliers of Milk and Cream according to Grades.

20. (1) Regulations may be made under this Part prescribing that the prices payable to suppliers for the several grades of milk and cream received at a factory shall differ one from another by such amounts or proportions as are specified in the regulations increasing according to the quality of the milk or cream in accordance with the standards prescribed for the several grades thereof.

(2) Every owner of a factory purchasing milk or cream shall pay for the same a price in accordance with the differing amounts or proportions so specified except in the case of cream containing less than thirty-five per centum by weight of butter-fat which cream shall be paid for at the rate payable for it according to grade less such rate as is prescribed.

(3) With respect to milk or cream received at a factory for the purpose of manufacture into butter or cheese the amounts payable by the owner of the factory for milk or cream so purchased to the persons from whom the same is purchased shall under the prescribed conditions be subject to adjustment in the prescribed manner when the amount of butter or cheese manufactured from such milk or cream has been ascertained.

(4) The owner of every factory shall when making payment to any person from whom he purchases milk or cream furnish to such person a record of the weight grading testing and butter-fat contents of such milk or cream and of the prices per pound of the butter-fat contained in such milk or cream.

(5) Subject to the provisions of sub-sections (2) and (3) of this section, every owner of a factory purchasing milk or cream shall pay a uniform price for all milk of the same grade and a uniform price for all cream of the same grade delivered to the factory on the same day.

Offences by tester grader buttermaker or cheesemaker. No. 3736 s. 17; No. 39691.10.

Differential rates for the several grades of milk and cream. No. 3736 s. 18; No. 3969 s. 11, No. 4349 s. 2.

Prices to be paid in accordance with differential rates.

Adjustment of amounts payable by factory owners to suppliers.

Record of weight &c. to be furnished to supplier.

Uniform price to be paid for same grades of milk and cream on same day.


Grading and Marking.

2 1 . The owner of every factory shall in accordance with the regulations cause—

(a) all butter and cheese made thereat to be graded; and

(b) every package of such butter or cheese to be marked with a mark approved by the board and indicating the grade of butter or cheese contained in the package and the net weight of the contents of such •package.

Butter and cheese to be graded and packages thereof to be marked according to grade &c. No. 3736 s. 19.

22. The owner of or any person employed in connexion with Mixing of any factory or store where butter is sold otherwise than solely by grades' retail or is stored who for the purposes of sale mixes butter of any ^[£1™ grade or causes the same to be mixed— NO. 37365.20.

(a) with butter of any other grade ; or (b) with butter which has been determined by a grader

pursuant to this Part to be below the standard prescribed for the lowest grade of butter—


Power of inspecting officer to examine dairy produce in factories stores &c. No. 3736 s. 21.

Where incorrectly marked.

Notice to re-mark.

23 . (1) Any inspecting officer may at all reasonable times enter any factory store or ship where dairy produce is sold otherwise than solely by retail or is stored and examine any dairy produce or any packages of dairy produce therein.

(2) If any such package contains dairy produce which in the opinion of such inspecting officer is of a grade different from that indicated by the mark on such package he shall give written notice to the owner requiring him to refrain from selling or proceeding with the sale of such dairy produce until it is re-marked as provided hereunder and to have the package re-marked as prescribed with a mark indicating the grade which in the opinion of the inspecting officer is the true grade of the dairy produce.

(3) If within seven days such owner gives to the board notice Notice of in writing of intention to appeal against the action of the de|Slitfnd

inspecting officer and deposits the sum of Two pounds with the Determination

board the board shall hear and determine the appeal. of appeal"

(4) The determination of the board shall be final and robe , . conclusive.

conclusive. (5 ) If the appeal is not determined in favour of the owner the Forfeiture of

sum deposited by him shall unless otherwise directed by the board fXre'of" be forfeited to Her Majesty. aPPeaI-

(6) Where such an appeal is not made every such package Time for shall be re-marked as aforesaid within seven days after the notice remarklns-by the inspecting officer.


Assessors.

Meaning of " re-marking.'

Penalty for removing mark.

(7) Where an appeal is determined against the owner every such package shall within such time as is directed by the board be re-marked as prescribed with a mark indicating what in the opinion of the board is the true grade of the dairy produce.

(8) (a) For the purposes of any appeal under this section the board may appoint an assessor to assist it and on the application of the appellant shall appoint an assessor whether an assessor has been appointed by the board or not;

(b) the costs and expenses of any assessor appointed on the application of an appellant shall be borne by the appellant.

(9) For the purposes of this section " re-marking " shall where necessary include putting up the dairy produce into a new package marked as prescribed.

(10) Every person who in contravention of this section sells any package of dairy produce or except as provided by or under this Part removes alters or tampers with any mark on the same shall be guilty of an offence against this Part.

Seizure of certain dairy produce or unmarked packages. No. 3736 s. 22.

AppesJ in case of seizure of daily produce on ground of being below lowest prescribed grade.

24. (1) If any dairy produce found by any inspecting officer in any factory store or ship where dairy produce is sold otherwise than solely by retail or is stored is in his opinion below the standard prescribed for the lowest grade of that kind of dairy produce or if any package of dairy produce is not marked or re-marked as required by this Part such dairy produce or (as the case may be) such package and the dairy produce therein may be seized by an inspecting officer and disposed of as is determined by the board or as is prescribed.

(2) When an inspecting officer seizes dairy produce which is in his opinion below the standard prescribed for the lowest grade of that kind of dairy produce he shall give written notice of such seizure to the owner who upon giving notice in writing to the board of intention to appeal may appeal to the board against such seizure; and the provisions of sub-sections (3) (4) (5) and (8) of the last preceding section with such alterations modifications and substitutions as are necessary shall extend and apply to every such appeal.

Unauthorized removal or tampering with dairy produce seized an offence. No. 3736 s. 23.

25. Every person who without lawful authority— (a) removes any dairy produce seized under this Part; (b) adds to or subtracts from such dairy produce any

substance ; or (c) subjects such dairy

whatsoever— produce to any treatment



Denaturation of certain Milk or Cream 26. (1) Where milk or cream which is supplied to a factory LOW grade or

is below the standard prescribed for the lowest grade of milk Or milk or cream.

cream which may be used for manufacture into dairy produce or NO. 3736 3.24. is manifestly affected by putrefactive decomposition the owner of the factory shall not manufacture butter or cheese from such milk or cream or retain it on the premises.

( 2 ) Such milk or cream shall be treated by adding thereto Denaturation. such substance as is prescribed and when so treated may be returned to the supplier :

Provided that such substance shall not be added in such a way as to destroy the value of such milk or cream for animal (other than human) food.

Licences and Returns.

27 . ( 1 ) The owner of every factory or store shall obtain and owners of factories Qtiu

hold a licence under Part II. of this Act as extended to and stores to be modified by this Part. ™ s . 2 5 .

(2) The provisions of the said Part II, in respect of licences for factories within the meaning of that Part shall subject to this Part extend and apply in respect of licences for factories and stores within the meaning of this Part.

( 3 ) Applications for licences for such factories and stores shall be made as prescribed.

(4) The annual amounts payable for licences for such Amount oC

factories and stores shall (instead of the amount prescribed in Ucence"fees-respect of factories by section sixty-one of this Act) be the following :—

(a) In respect of a factory where dairy produce is manufactured—an amount computed on the basis of One penny for every one hundred pounds of butter and One halfpenny for every one hundred pounds of cheese manufactured at such factory during the twelve months next preceding the application for the issue of such licence ;

(b) In respect of a factory where milk or cream is received but is not manufactured into butter or cheese— such amount as is prescribed but not exceeding Five pounds ; and

(c) In respect of any store—such amount as is prescribed but not exceeding One pound.

(5) The owner of a factory or store on making application setting-oK for a licence may set off as against the amount payable for the Snd«Xrt n. licence the amount or a proper proportion thereof paid by him ofthlsAct&c-under Part I I . of this Act or to any municipal council as a dairy


Licence-fee new factory Sc.

Settlement of disputes.

Penalty for not having a licence.

registration fee under any Act relating to the public health(a) in respect of the unexpired portion of the year for which such amount was pursuant to any such Act so paid.

(6) Where the owner of a factory or store has not previously carried on business therein or where the facts necessary for the computation of the amount payable for the licence are not available the amount payable for the licence in respect of such factory or store for the first year shall be such reasonable amount as the Minister determines.

(7) In the event of any dispute as to any amount payable under this section the decision of the Minister shall be final.

(8) The owner of a factory or store for which he does not hold a licence as required by this Part shall be liable to a penalty of not more than Five pounds for a first offence and not less than Five nor more than Fifty pounds for any subsequent offence.

Monthly returns to Minister. No. 3736 s. 26; No. 3969 s. 12.

Records to be kept at factory.

Power to inspect same.

28. The owner of every factory within the meaning of this Part shall—

(a) instead of the monthly returns provided for in section sixty-three of this Act furnish within thirty days after the end of each month returns in the prescribed form and containing the prescribed particulars to the chairman of the board with respect to all milk or cream received at the factory;

(b) cause to be kept at the factory for at least twelve months after the end of the financial year to which they relate full and accurate accounts and records of the particulars required to be furnished in such returns and of all testings gradings and markings under this Part and of dairy produce manufactured and of all determinations that any milk or cream is below the standard prescribed for the lowest grade of milk or cream which may be used for manufacture into butter or cheese or any other kind of dairy produce (as the case may be) ; and

(c) at all reasonable times permit any officer duly authorized in writing by the Minister to inspect such accounts and records and make any extracts therefrom or copies thereof.

Power to Minister on report of Board to refuse licence for factory under this Part in certain cases.

29. If in the opinion of the Governor in Council there are in any part of Victoria sufficient factories to deal with the milk and cream produced in that part of Victoria, the Minister on the report of the Dairy Produce Board may direct that a licence shall not be issued pursuant to this Part for any factory situate in that part of

No. 4349 s. 3. (a) See Health Act 1958, section 93 (m), (n).


Victoria for which such a licence has not previously been issued or is no longer held, and no such licence shall be issued for such factory while such direction remains unrevoked.

30. (1) The Minister on the report of the Dairy Produce Board may cancel the licence for a factory held pursuant to this Part—

(a) if the owner of such factory is convicted of three or more offences against any provisions of this Act or any corresponding previous enactment relating to the mixing treatment testing grading or weighing of or payment for milk cream or butter-fat; and

(b) if the Minister is of the opinion that three or more of such offences were committed by such owner with intent to defraud.

(2) The Minister on the report of the Dairy Produce Board may cancel the licence for a factory held pursuant to this Part if in respect of any period of twelve months the owner of such factory—

(a) from the milk and cream received and graded at the factory as being of the highest grade prescribed therefor and used in the manufacture of butter— manufactures butter of which more than the prescribed proportion is non-choicest butter ; or

(b) from the milk received and graded at the factory as being of the highest grade prescribed therefor and used in the manufacture of cheese—manufactures cheese of which more than the prescribed proportion is non-choicest cheese.

(3) Where the licence for a factory has been cancelled under this section no further licence for such factory shall, until the Minister on the report of the Dairy Produce Board otherwise directs, be issued pursuant to this Part.

Power to Minister on report of Board to cancel licence for factory under this Part in certain cases. No. 4349 s. 4: No. 4727 s. 2.

(4) In this section " non-choicest butter" and " non-choicest cheese " mean respectively butter and cheese which in the opinion of—

(a) an inspecting officer; or

(b) an officer of the Commonwealth Department of Primary Industry approved by the Minister for the purpose of this section—

are of a grade lower than the highest grade prescribed therefor.

" Non-choicest butter." " Non-choicest cheese."


Issue of licences for factories pursuant to this Part subject to condition that only cheese or specified types of cheese to be manufactured thereat. No. 4523 s. 2; No. 5886 s. 2.

Provision for cancellation of licence.

31. (1) Notwithstanding anything in this Act a licence for a factory may on the report of the Dairy Produce Board be issued pursuant to this Part subject to a condition that only cheese or only any specified varieties or types of cheese shall be manufactured thereat; and in particular and without affecting the generality of the foregoing such a licence may on the report of the Dairy Produce Board be issued for a factory in a part of Victoria in respect of which a direction which remains unrevoked has been given under section twenty-nine of this Act or the corresponding previous enactment.

(2) If the owner of a factory for which such a licence has been issued manufactures at the factory any dairy produce other than cheese or (in the case of a licence to manufacture only specified varieties or types of cheese) any dairy produce other than cheese of any such variety or type the Minister may cancel such licence.

Power of inspecting officer to enter and inspect dairy farm factory or store and have analyses &c. made. No. 3736 s. 27.

General.

32. (1) Any officer may at all reasonable times— (a) enter any dairy farm factory or store and inspect and

examine the same and the whole of the plant machinery and appliances thereof and examine any vehicle or ship used for the carriage of dairy produce ;

(6) take samples of any dairy produce or any materia] chemical or other substance or thing used in connexion with the preparation of any dairy produce or with the testing or grading of the same;

(c) conduct or cause to be conducted such tests as are prescribed for testing or grading dairy produce ; and

{d) conduct or cause to be conducted in the manner and under the conditions prescribed such examinations or analyses of dairy produce as he deems necessary or expedient.

(2) The owner of any dairy produce so examined or analysed shall on payment of the prescribed fee be entitled to a certificate showing the result of such examination or analysis.

Dairy produce intended for export shall be submitted for examination ftc. No. 3736 S. 28.

33. (1) The Governor in Council may by proclamation published in the Government Gazette direct that after a date to be specified in such proclamation all dairy produce intended for export from Victoria shall be submitted for examination and check-grading by an inspecting officer who shall in the prescribed manner mark his determination on the packages containing such dairy produce.


(2) A certificate of such examination or check-grading certificate, showing the determination of the inspecting officer shall be issued to the person proposing to export such dairy produce and a copy of such certificate shall be issued to the manufacturer of such dairy produce.

(3) The fees to be paid for such examination or Fees, check-grading marking and issue of certificate or copy shall be such as are prescribed but shall not exceed the rate of One penny for every package examined or check-graded.

34. (1) Milk and cream shall be neutralized pasteurized ^f^S 1 0 1 1

aerated or cooled as prescribed. and cream. No. 3736 s. 29.

(2) Dairy produce stored in any factory or store— Sd5%S2h (a) shall be stored and maintained under such conditions k^b?"*1"00

(including temperature) as are prescribed ; and st0^ed• (6) shall for examination and check-grading be forwarded

to a prescribed place.

35. Upon request by the owner of a factory any dairy produce ^ P 8 ^ may be prepared and packed under supervision as provided by the dairy'produce r e g u l a t i o n s . SSSSrtatoa.

No. 3736 s. 30.

36. (1) The Governor in Council may after report from the g Srorin Dairy Produce Board prescribe the maximum overrun to be allowed council to

prescribe

in the manufacture of butter, maximum overrun. No. 3969 s. 14.

(2) The owner of any factory in which in the manufacture Liability of of butter the prescribed maximum overrun is exceeded for a n y factory where period in respect of which payment is made to suppliers— Eve™^

(a) shall within thirty days after the last day of such excee

period during which the prescribed maximum overrun is exceeded distribute pro rata (according to the amounts of butter-fat received and the rate per pound of butter-fat paid by such factory for the period) among the suppliers concerned the additional sum which such owner received in respect of the butter so manufactured by reason of the fact that the prescribed maximum overrun has been exceeded : Provided that where the overrun in excess of the amount prescribed is less than one-half per centum the value of the excess shall be paid quarterly to the credit of the Pure Bred Bull Fund in the control of the Department of Agriculture ; and

(b) shall be guilty of an offence against this Part.

S18 1958. Milk and Dairy Supervision. No. 6317

Statements to be placed in conspicuous position in factory.

(3) The owner of every factory shall— (a) on or before the fifteenth day of each month display

and keep displayed conspicuously in such factory for a period of fourteen days a statement showing—

(i) the total number of pounds of butter-fat received for butter making at such factory ;

(ii) the number of pounds of commercial butter manufactured from such butter-fat; and

(iii) the percentage of overrun in respect of such manufacture—

during the preceding month ; and (b) cause the percentage of overrun in respect of such

manufacture during such month to be shown on the first account sales which are after the display of such statement rendered to every supplier to such factory.

Milk to be strained cooled and stored immediately after milking. No. 3969 s. 15.

37. The owner of every dairy farm at which milk is produced for delivery to a factory shall cause such milk to be removed immediately after milking from the shed yard or other place at which such milking took place and subjected at once to such process of straining cooling and storing as is prescribed.

Cream to be cooled and stored immediately after separation. No. 3969 s. 16.

Installation and cleansing of milking machines &c. on dairy farms. No. 3969 s. 17.

38. Any person who separates cream for delivery to a factory shall immediately after such cream is separated cause such cream to be cooled and stored in such manner as is prescribed.

39. The owner of every dairy farm from which milk or cream is supplied to a factory shall in such manner as is prescribed install cleanse and keep clean every milking machine separator cooler or other utensil used on such dairy farm in connexion with the handling or treatment of milk or cream.

Portion of sample taken for testing to be retained. No. 3969 s. 18.

40. When any sample of milk or cream is taken under this Act at any factory for testing by the tester employed thereat the owner of such factory shall retain for a prescribed period such portion of the sample as is not used in the testing.

Cheese to be kept and treated in the prescribed manner. No. 3969 s. 19.

Regulations to be posted in factories. No. 3969 s. 20.

41. The owner of every factory in which cheese is manufactured or stored shall after manufacture keep and treat all such cheese in such manner as is prescribed.

42. The owner of every factory shall place and keep placed in such factory in a conspicuous position accessible to any supplier to the factory a copy of the regulations for the time being in force made under this Part or any corresponding previous enactment.

1958. Milk and Dairy Supervision. No . 6317 319

4 3 . T h e owner or the manager or the person in charge of owner of factory to hold every butter factory o r cheese factory shall hold a certificate as certificate as

a but termaker or as a cheesemaker (as the case may b e ) . cheesemaker.or

No. 3969 s. 21 (1) .

44. (1) Where standards have been prescribed for any Apparatus for apparatus for measuring or testing any specified dairy produce such testing dairy

apparatus shall be submitted to the Chief Chemist of the yl°melt0 ^ Department of Agriculture for verification and approval before the NO. 3969 s. 22;

_ • op t /• 1 Wo. 560Z S. 2 .

same is offered for sale. (2) All such apparatus so verified and approved shall on **"*•"«

payment of the prescribed fee be marked by the said chemist with apparatus.

a prescribed distinguishing mark. (3) Any person who sells any apparatus— offence.

(a) for which standards have been prescribed ; and (b) which is not marked as aforesaid—


45. Any person who uses the word " b u t t e r " (either alone Offences in

or in conjunction with any other word or words) in connexion wml^St with any preparation for human consumption or who uses any »bmtcr •• and device or means calculated to induce any person purchasing such preparations preparation to believe that the same is butter or sells or in any g"r£°t

rte'

n8to

manner passes off or attempts to pass off such preparation as butter NO.3969s.24. shall unless—

(a) such preparat ion contains at least eighty per centum by weight of butter-fat; or

(ft) the approval of the Minister on the recommendation of the Dairy Produce Board is obtained for the use of such first-mentioned word in connexion with such prepara t ion—

be guilty of an offence against this Part .

Penalties and Supplemental.

4 6 . ( 1 ) Every person who uses any receptacle for storing use of certain milk or cream in or conveying the same to a factory or store fores?ora|eor which receptacle does not comply with this Par t or the regulations S°k oVcreaSf shall be guilty of an offence against this Part . N™h*"f; •

( 2 ) Any officer may seize and if he thinks fit remove any such receptacle and the contents thereof and the same shall be retained and treated destroyed or disposed of as prescribed.

No. 3736 s. 31

4 7 . Every person whether by act or omission guilty of any §|ga<*°^. contravention of or failure to observe any provision of this Par t regulations. or of any regulation shall be guilty of an offence against this Par t . No. 3736 8.32.

320 1958. Milk and Dairy .Supervision. No. 6317

Obstruction of officers. No. 3736 s. 33.

48. Every person who in any way obstructs or interferes with any officer in the discharge of any of his duties or the exercise of any of his powers under this Part or the regulations shall be guilty of an offence against this Part.

Penalty for offence against this Part. No. 3736 s. 34; No. 4349 s. 5.

49. (1) Subject to the next succeeding sub-section every person guilty of an offence against this Part for which a penalty is not expressly provided shall be liable to a penalty for a first offence of not more than Five pounds and for any subsequent offence of not less than Five nor more than Fifty pounds.

(2) Every owner of a factory who is guilty of an offence against any provision of this Part relating to the mixing treatment testing grading or weighing of or payment for milk cream or butter-fat for which a penalty is not expressly provided shall be liable to a penalty for a first offence of not more than Twenty pounds and for any subsequent offence of not less than Twenty nor more than One hundred pounds: Provided that where in any case the court is satisfied that the offence is merely a minor technical offence the court may impose a penalty in accordance with the provisions of the last preceding sub-section.

Appointment of officers &c No. 3736 s. 35.

Who may prosecute. No. 3736 8. 36.

Proof of appointments and authority to prosecute. No. 3736 s. 37.

50. The Governor in Council may appoint such inspecting officers and other officers or persons as are required for the purpose of carrying out the provisions of this Part and the regulations.

51. Any officer duly authorized by the Minister either generally or in any particular case may prosecute for any offence against this Part or the regulations.

52. In any prosecution or other legal proceeding under this Part no proof shall until evidence is given to the contrary be required of—

(a) the persons constituting the board; (b) the particular or general appointment of any officer; (c) the authority of any officer to prosecute; or (d) the appointment of the chairman of the board.

Power to make regulations. No. 37368.38; No. 3969 ss. 13, 26, No. 4349 s . 5 ( 2 ) , No. 4997 s. 28.

Regulations.

53. (1) The Governor in Council may make regulations for or with respect to—

(a) prescribing grades for dairy produce (including grades for different kinds of dairy produce and grades varying according to the purpose, whether of manufacture or otherwise, for which the dairy produce is to be used) and designations for such grades and for dairy produce of qualities below the lowest grades;


(b) prescribing standards for dairy produce and for the different grades thereof, prescribing minimum qualities of milk or cream which may be used for manufacture into any kind of dairy produce;

(c) prescribing standards for and prohibiting or regulating the use of materials chemicals substances and things in connexion with the manufacture preparation handling testing and grading of dairy produce;

(d) the grading or check-grading or testing of dairy produce and the supplying of a certificate of such grading or check-grading;

(e) the adjustment between the owners of factories and the suppliers of milk and cream thereto of amounts payable in respect of milk and cream purchased by such owners from such suppliers;

(/) prescribing the temperature at and conditions under which dairy produce shall be kept or stored;

(g) marks to be used to indicate the several grades of dairy produce and the method of applying such marks;

(/») prescribing markings to be affixed to or marked on packages containing dairy produce manufactured at factories to indicate particulars relating to the manufacture of such dairy produce;

(/) the conditions under which marks on packages oi dairy produce may be removed or altered;

(/) the analysis examination and re-examination of dairy produce;

(k) the preparation and packing of dairy produce under supervision upon request by the owner of a factory;

(/) prescribing places for the examination of dairy produce and for the examination and check-grading of dairy produce intended for export;

(m) prescribing the time before shipment of dairy produce at which notice of intention to submit such dairy produce for examination for export is to be given;

(«) the neutralization pasteurization aeration and cooling of milk and cream;

(o) prescribing substances with which milk or cream below the lowest grade which may be used for manufacture into butter or cheese or which is manifestly affected by putrefactive decomposition may be treated when supplied to a factory;

(p) the disposal of dairy produce and the packages or receptacles thereof seized under this Part;

VOL. V I . — 1 1


(q) receptacles used for storing or conveying milk or cream and the prohibition of the use thereof for any other purpose than that of storing or conveying milk or cream;

(r) the conditions to be observed by suppliers and carriers to secure the proper protection of any dairy produce from contamination and deterioration;

(s) the particulars required to be furnished in any monthly returns under this Part;

(0 prescribing reasonable fees to be payable under this Part not exceeding in any case the limit (if any) fixed by this Part in such case;

(u) certificates issued under this Part; (v) any forms required under this Part;

(w) prescribing the maximum overrun to be allowed in the manufacture of butter;

(x) prescribing the maximum proportion of non-choicest butter which may be manufactured from milk or cream received and graded at a factory as being of the highest grade prescribed therefor and used in the manufacture of butter;

(y) prescribing the maximum proportion of non-choicest cheese which may be manufactured from milk received and graded at a factory as being of the highest grade prescribed therefor and used in the manufacture of cheese;

(z) the processes of straining cooling and storing to which milk is to be subjected immediately after milking;

(aa) the manner in which cream is to be cooled and stored immediately after separating;

(ab) the installation and cleansing of milking machines separators coolers and utensils;

(ac) keeping portions of samples of milk and cream taken for testing;

(ad) keeping and treatment of cheese in factories; (ae) distinguishing marks to be affixed to or stamped on

apparatus verified and approved for the measuring or testing of dairy produce;

(of) prescribing fees to be charged for marking apparatus verified and approved by the Chief Chemist of the Department of Agriculture;

(ag) prescribing conditions to be observed to secure the proper protection of dairy produce from contamination or deterioration during transit from store to store or from any store to any ship; and


(ah) generally any matters authorized or required by this Part to be prescribed or necessary or convenient to be prescribed for carrying this Part into effect;

(2) All such regulations when made by the Governor in Jf*"!^^ Council shall be published in the Government Gazette and when so published shall have the force of law and shall be judicially noticed and shall be laid before both Houses of Parliament within fourteen days after the same have been made if Parliament is then sitting and if Parliament is not then sitting then within ten days after the next meeting of Parliament and a copy of any proposed regulations shall be posted to each Member of Parliament at least twenty-one days before such regulations are approved by the Governor in Council.

PART II.—PROVISIONS APPLICABLE IN MILK AREAS AND OTHER PROCLAIMED DISTRICTS WITH RESPECT TO DAIRY SUPERVISION.

54. In this Part unless inconsistent with the context or interpretation, subject-matter— J&Swtg!

" Animal " means any animal of the kind to which any of " Animal." the following belong, viz. :—Cow dog pig horse . donkey goat or sheep.

" Authority " means— " Authority.".

(a) the Minister administering this Part in a milk area or in a municipal district declared to be subject to the Minister and not to the council thereof;

(b) the council exercising and executing in a municipal district proclaimed to be subject to the provisions of this Part all the powers authorities and duties by this Part conferred on the Minister.

"Butter-fat" means the pure fat of milk. «• Butter-fat."

" Council" means council of any municipal district " cound1-" including the city of Melbourne and the city of Geelong.

"Dai ry" means any premises (not being solely a dairy •» Dairy;' farm or factory) where milk is kept for sale or where any dairy produce is prepared for sale.

" Dairy farm " means any premises where cows are milked "Dairyfarm." or kept for the purpose of producing milk either for sale or for preparing any dairy produce for sale and includes the animals thereon.


" Dairy produce."

' Factory-'

" Milk."

" Milk area.'

" Officer."

•* Owner."

' Package."

" Prescribed."

"Regulation.*

•' To sell."

" Vehicle.'

" Dairy produce" means milk cream butter cheese concentrated or condensed milk or cream or any article derived or prepared from milk or cream.

" Factory " means any premises (not being solely a dairy farm or dairy) where cream butter cheese or any dairy produce is prepared packed canned oi manufactured for sale and includej creamery.

" Milk" includes any article purporting to be milk.

" Milk area" means any milk area constituted by or pursuant to this Part or any corresponding previous enactment.

" Officer" includes inspector or supervisor. " Owner" includes occupier or person in charge or

apparently in charge owner's agent or manager and in the case of a company the manager secretary or other controlling officer thereof.

" Package " means box case can crate tank basket tin cask keg barrel tub flask bottle jar dish drum capsule wrapper or covering of any material or description whatsoever.

" Prescribed" means prescribed by this Part or any regulation thereunder.

" Regulation " means regulation made in pursuance of this Part or any corresponding previous enactment.

" To sell" includes to barter and also includes to offer or attempt to sell or receive for sale or have in possession for sale or expose for sale or send forward or deliver for sale or cause or suffer or allow to be sold offered or exposed for sale and refers only to selling for human consumption, and " sale" and " sold " have a corresponding meaning.

" Vehicle " includes every description of car cart carriage conveyance truck van waggon or boat including railway tramway or motor carriages cars or trucks.

Application of Part. No. 3736 s. 40.

55. This Part except where in this Part otherwise expressly provided shall have effect—

(a) as regards the Metropolitan Milk Area and the milk areas of Ballarat Bendigo Geelong Castlemaine and Port Fairy;

(b) as regards any other milk area on such day after the constitution thereof as is fixed by the Governor in Council;


(c) as regards any municipal district outside any milk area on such date as such district at any time is proclaimed by the Governor in Council to be subject to the provisions of this Part; and

(d) as regards any municipal district outside any milk area on such date as such district on the written request of the council thereof is proclaimed by the Governor in Council as a municipal district subject to the provisions of this Part.

56. (1) In any milk area or municipal district in which this °v*r$T°n of

Part is in force the provisions of the Health Act 1958(a) having N0%736S.4I. reference to dairies dairy farms dairy produce milk stores milk shops milk vessels dairy cattle or grazing grounds as such shall not to the extent to which they are inconsistent with this Part have any force or effect.

(2) Notwithstanding sub-section (1) of this section this Part shall not be taken to repeal supersede or limit the operation of any enactments providing for the sale of food in a pure and sound state, or the prevention of the sale of adulterated or unwholesome food or drink or (except in so far as this Part contains provision to the contrary) the operation of any other Act.

(3) This Part applies to persons in the public service of the Crown as well as to other persons.

Extension and Administration of this Part.

57. (1) In any municipal district outside a milk area and JjjJUs,°fn of

which at the request of the council thereof has been proclaimed this Pan to as a municipal district subject to the provisions of this Part— Sici?"

_ , , No. 3736 s. 43.

(a) all powers authorities and duties by this Part conferred on the Minister shall if not inconsistent with the context be exercised and executed by the council thereof, and all necessary licences shall be issued by the said council;

(b) the council of such district shall subject to the approval of the Minister appoint and pay such supervisors as are necessary for carrying out therein the duties of supervisors under this Part; and

(c) two or more such councils may subject to the approval of the Minister appoint the same person as supervisor.

(a) See the Health Act 1958, sections 92 and 93.


(2) No person shall be appointed by a council or councils as a supervisor unless he is qualified to be selected and appointed a supervisor in accordance with section fifty-nine of this Act.

(3) Every supervisor shall have and may exercise all the powers and authorities of a supervisor appointed pursuant to the said section and shall if so required by the Minister forward to him a copy of all or any reports made by him to the council of each municipal district in which he is a supervisor.

Provision for council being superseded if necessary. No. 3736 s. 44.

58. In the event at any time of the Minister being satisfied that the provisions of this Part are not being effectively administered by the council of a municipal district which on the request of such council has been proclaimed as a district subject to the provisions of this Part or if so requested in writing by the council thereof then the Governor in Council after the Minister has given at least three months' previous notice to such council may declare that such district shall so far as this Part is concerned be subject to the Minister and not to the council thereof, and thereupon the powers of the council under this Part and of any supervisors appointed by such council shall cease and the Minister shall administer the provisions of this Part in such district.

Officers. No. 3736 s. 45; No. 4751 s. 17, No. 5753 s. 2.

Chief veterinary inspector.

Chief dairy inspector.

Control of supervisors.

Conditions of appointment of supervisors.

59. (1) Subject to the Public Service Act 1958 inspectors supervisors and officers may be appointed for the purposes of this Part.

(2) One of such inspectors shall be a chief veterinary inspector. He shall be a person who is a registered veterinary surgeon and an expert in veterinary sanitary science and veterinary medicine.

(3) Another of such inspectors shall be a chief dairy inspector who shall be an expert in the science and practice of dairying and allied branches of agriculture.

(4) Subject to the Minister the inspectors shall control supervise and direct the supervisors in carrying out their duties under this Part, and in addition every inspector shall have and may exercise all or any of the powers of a supervisor.

(5) No person shall be appointed a supervisor unless— (a) he satisfies the Public Service Board (or, where the

appointment is made by a council, the council) that he has had sufficient bona fide practical experience in dairy farming and its allied branches of agriculture and among animals; and

(b) he passes to the satisfaction of examiners appointed by the Governor in Council a written and practical examination in which special importance is attached


to the practical part. In lieu of the written part of the examination the Governor in Council may accept any prescribed public examination.

60. (1) It shall be the duty of each supervisor— Duties of v ' J *• supervisors.

(a) to become personally acquainted as far as possible {JO.3TOS.46; with every owner of a dairy farm dairy or factory and the conditions of every dairy farm dairy and factory in his district;

(b) to confer with or advise such owner on matters connected with his farm animals premises utensils milk and dairy produce when requested to do so or when instructed to do so by the Authority;

(c) to inspect and examine all premises utensils and appurtenances and also all animals and their food and water supply and also all. dairy produce at such dairy farm dairy or factory in such manner and by such means as may be prescribed;

(d) to make such other inspection examination inquiry or investigation as is from time to time directed by the Authority; and ' • '•• ;;:•_;

(e) to report to the Authority the results of inspections in such form as the Authority may require or as may be prescribed.

(2) Every person who in any way obstructs or interferes Obstruction with any supervisor in the discharge of any of his duties or the m a K ^ * exercise of any of his powers under this Part or the regulations ofduties-shall be guilty of an offence against this Part.

Licensing of Owners of Dairy Farms Dairies and FactoriesSa)

6 1 . (1 ) It shall be necessary for the owner of a dairy farm Licensing. , dairy or factory to hold an annual licence for the same under NS'IMIS'C75

this Part- • S&8U. (2) Notwithstanding anything in this Act no person shall sell *5f,hijlli|?1!

rf' milk (other than condensed dried or desiccated milk or milk in milk area powder or milk of such other kind or in such other form as is hSder'o?'by

excepted from the operation of this sub-section by the regulations) unless he or the person for whom he sells milk is the holder of a licence under this section for the dairy farm dairy or factory from which the milk is sold.

licence.

(a) See prohibition as to issue of licences under this Part contained in the Milk Board Act 1958 s. 32.

http://%7bJo.3TOs.46


Licence-fees.

Computation of fee.

Collection and application of fees where Act administered by municipalities.

be: (3) (a) The annual amount payable for such a licence shall

Sixpence per cow

Two pounds

for a dairy farm within a milk area such sum as may be prescribed but not exceeding

for a dairy farm not within a milk area such sum as may be prescribed but not exceeding Sixpence per cow

for a dairy or factory such sum as may be prescribed but not exceeding in each case

for each creamery attached to a factory such sum as may be prescribed but not exceeding Five shillings:

Provided that the amount payable for an annual licence for a dairy when all milk kept for sale at such dairy is milk from one cow only shall be Two shillings and sixpence and provided further that for a dairy in any municipal district or part thereof within the metropolis within the meaning of Part III. of this Act or within any urban district to which that Part applies the annual amount payable for an annual licence shall be such sum as is prescribed but not less than Two nor more than Five pounds.

(4) In computing the number of cows to be paid for the fee shall be based on the average number of cows milked in seven consecutive days during the twelve months immediately preceding the application for the licence, and such seven days shall be the seven consecutive days during which the greatest number of cows were milked during the said twelve months.

(5) If the premises have not been so used as a dairy farm for a period of twelve months or if by reason of any alteration in the area so used or otherwise the number of cows cannot be computed as aforesaid the Authority shall fix the sum to be paid.

(6) In the event of any dispute the decision of the Authority shall be final.

(7) Where the provisions of this Part are administered by a council the fees shall be fixed and collected by the said council subject to the approval of the Minister and such fees shall be applied by such council towards the expenses of administering this Part.

Mode of obtaining licence. No. 3736 s. 48; No. 4997 s. 31.

62. (1) In every municipal district (whether within a milk area or not) in which the provisions of this Part are in force the owner of a dairy farm dairy or factory in such municipal district shall in the month of June in each year make application for a licence for the financial year commencing on the next ensuing first day of July.

(a) See prohibition as to issue of licences under this Part contained in the Milk Board Act 1958 s. 32.


(2) Within one month after the coming into force of this Part in any municipal district (whether within a milk area or not) or before commencing business in such district and thereafter in the month of June in each year the owner of a dairy farm dairy or factory in such municipal district shall make application for a licence for the period ending on the next ensuing thirtieth day of June or for the financial year commencing on the next ensuing first day of July (as the case may be).

(3) On making application for such a licence the owner shall pay the fee therefor to the municipal clerk or treasurer of such municipality or to a supervisor who shall give a receipt therefor, and such owner may set off as against the amount of such fee the amount or a proper proportion thereof paid by him to any municipal council as a dairy registration fee under the Health Act 1958(a> or any corresponding previous enactment repealed in respect of the unexpired portion of the year for which such dairy registration fee was so paid by him.

(4) Where a licence is required for a period less than twelve months the full rate shall not be charged, but for each and every full month for which the licence is necessary there shall be paid one-twelfth part of the annual fee and for any time less than one month the Authority shall fix the fee to be paid.

(5) After a dairy farm dairy or factory has once been licensed under this Part or any corresponding previous enactment a licence shall be issued for any succeeding year: Provided that, if upon a report of a supervisor the Minister is satisfied that the premises concerned are not in a suitable or sanitary condition or that a proper standard of sanitation and hygiene is not being observed in operations carried out on such premises or that the dairy produce produced thereat or sold therefrom is not of a sufficiently high standard, the Minister may direct that the issue of a licence shall be refused or may by notice given to the holder of such licence cancel the same. As regards any milk area such report if not from shall be indorsed by an officer who is a registered veterinary surgeon.

(6) A licence issued in respect of a dairy farm dairy or factory may be transferred to any person who becomes by purchase or otherwise the owner of such dairy farm dairy or factory.

(7) Every licence and receipt shall be issued on prescribed forms.

(8) When a licence is refused the applicant shall have his fee refunded to him.

(9) Any owner who has applied for a licence and paid the fee therefor shall unless and until his fee is refunded to him or his licence is cancelled be deemed to hold a licence.

(a) See Health Act 1958, section 93.


Owners to assist in carrying out of this Part. No. 3736 s. 49.

Factories to furnish monthly returns to Minister.

63. (1) The owner of a dairy farm dairy or factory shall when so' requested by a supervisor furnish such assistance by information or otherwise in regard to the dairy farm dairy or factory and all receptacles appliances or machinery used in the business as may be required for effectively carrying out the provisions of this Part. Every owner of a factory shall furnish monthly returns to the Minister setting forth the number of suppliers the total number of pounds of milk and cream purchased the quantity of butter manufactured and the total sum paid for the

same. (a)

(2) The owner of a dairy or factory shall when requested furnish to such supervisor the name and address of any person supplying dairy produce to such dairy or factory.

Milk Areas.

Metropolitan Milk Area. No. 3736 s. 50.

Ballarat Milk Area.

Bendigo Milk Area.

Geelong Milk Area.

Castlemaine. Milk Area.

64. (1) The municipal districts of Brighton Brunswick Camberwell Caulfield Coburg Collingwood Essendon Fitzroy Footscray Hawthorn Kew Malvern Melbourne Northcote Oakleigh Port Melbourne Prahran Preston Richmond South Melbourne St. Kilda and Williamstown together with the whole of the premises of each and every dairy farm or dairy outside such municipal districts wherever situated from which milk is sold within any of such municipal districts shall constitute a milk area to be called the Metropolitan Milk Area.

(2) The municipal district of Ballaarat together with the whole of the premises of each and every dairy farm or dairy outside such municipal district wherever situated from which milk is sold within such municipal district shall constitute a milk area and be called the Ballarat Milk Area.

(3) The municipal districts of Bendigo and Eaglehawk together with the whole of the premises of each and every dairy farm or dairy outside such municipal districts wherever situated from which milk is sold within any of such municipal districts shall constitute a milk area and be called the Bendigo Milk Area.

(4) The municipal districts of Geelong Geelong West and Newtown and Chilwell together with the whole of the premises of each and every dairy farm or dairy outside such municipal districts wherever situated from which milk is sold within any of' such municipal districts shall constitute a milk area and be called the Geelong Milk Area.

' ( 5 ) The municipal district of Castlemaine together with the whole of the premises of each and every- dairy farm or dairy outside such municipal district wherever situated from which milk

(a) See section 28 (a).


is sold within such municipal district shall constitute a milk area and be called the Castlemaine Milk Area.

(6 ) The municipal district of Port Fairy together with the Port Fairy

whole of the premises of each and every dairy farm or dairy MllkArea-outside such municipal district wherever situated from which milk is sold within such municipal district shall constitute a milk area and be called the Port Fairy Milk Area.

6 5 . On the recommendation of the Minister any portion of other miik Victoria may be proclaimed a milk area by the Governor in No 3"736s 51 Council, and the boundaries of any milk area may from time to time be altered extended or reduced by the Governor in Council..

66. There may be established and maintained by the State or Model dairy - - — . . . - . * . farm.

No. 3736 8. 52. by any Council in any milk area or municipal district a model farm

dairy farm or dairy.

Supervision of Cows. 67. (1) Any supervisor may prohibit for a period not Prohibition of

exceeding two weeks the use of any cow for the production or ?rom°L5dilk

preparation of any dairy produce for sale if such supervisor is of ^ ^ p 0 1

opinion that such dairy produce would be deleterious to health «>wsfe

or unwholesome; and he may in such manner as may be prescribed No-3736s-53-brand such cow or cause such cow to be branded with a brand which is not of a permanent character.

(2) (a ) Any.supervisor taking any action under sub-section (1) of this section shall at once notify the chief veterinary inspector of any such action so taken.

(b) The chief veterinary inspector shall thereupon examine any cow the use of which has been so prohibited or may cause the same to be examined by an officer who is a registered veterinary surgeon, and after such examination the chief veterinary inspector or such officer (as the case may be) shall confirm cancel or modify such prohibition and may reduce or extend the period of such prohibition or make such prohibition permanent.

(c) When any such prohibition is made permanent the cow may be ordered to be branded in such permanent manner as prescribed.

68 . When a written notice furnished by the chief veterinary Prevention of inspector or an officer who is a veterinary surgeon or by a prohibited supervisor is forwarded or given to the owner of a dairy farm cow-setting forth that the use of a cow for production or preparation No'3736''54' of dairy produce for sale is prohibited as aforesaid either for a specified time or permanently such owner shall at once prevent


the use of such cow for such purpose during such time or permanently (as the case may be), and no person shall use such cow for such purpose during such specified time or at any time (as the case may be).

69. (1) Any supervisor may use any means which are prescribed for the purpose of ascertaining whether any cow is affected with any disease requiring any cow to be isolated or branded under this Part or is in such a condition as to be likely to yield unwholesome milk.

(2) No application of any method of diagnosis involving injection aspiration harpooning or such like process shall be made under this section except by or under the direction of an officer who is a registered veterinary surgeon.

Notifiable Diseases of Animals.

70. The following shall be notifiable diseases of animals under this Part:—

Anthrax, Black leg or symptomatic anthrax, Contagious mammitis, Contagious pleuro-pneumonia, Contagious abortion, Swine fever, Tuberculosis, Variola vaccinia, and Any disease which may from time to time be proclaimed

by the Governor in Council by order.

71. (1) When any animal at a dairy farm or dairy is affected with any notifiable disease the owner thereof shall immediately notify the fact in writing to a supervisor or a member of the police force and in the notice shall state—

(a) his name and address; (b) the address of the dairy farm or dairy where such

disease exists; (c) the kind of animals and number of animals affected

with such disease; (d) the name of such disease; and (e) any action that has been taken in pursuance of the

provisions of this Part with regard to every such diseased animal.

Such supervisor or member of the police force shall at once transmit such writing or written notice thereof to the Authority.

Power to ascertain it cows likely (o yield unwholesome milk. No. 3736 s. 55.

Notifiable discuses under (lie Act. No. 37.16 s. 56.

Owner to notify diseases i f nnimals on his farm. No. 3736 s. 57.


(2) Such owner shall at once isolate any and every such when diseased animal and shall unless otherwise prescribed keep any necessary, and every such animal isolated while such disease continues or as long as there is reason to think in the case of any cow so affected that there is danger of the milk of such cow being infective or contaminated or deteriorated as a result of such condition having existed.

The word " isolate" means the keeping of an animal in a •< isolate." separate enclosure in such a manner as to prevent actual contact of such animal with any cow being used for production of milk or cream for sale or with any animal having contact with such cow.

(3) Every registered veterinary surgeon or other person veterinary treating animals for disease upon it coming to his knowledge in n3yonu>

the course of his practice that any animal is suffering from or is *ucuV°rence°of affected by any notifiable disease shall at once notify the Authority disease-of such occurrence.

(4) A fee of Five shillings shall be paid by the Authority to Notification such owner or veterinary surgeon for such notification if the Authority is satisfied that the report is correct. Only one such fee shall be paid in respect to any single outbreak of such disease.

Restrictions as to Persons Employed in Dairying.

72. (1) When any person residing or employed at a dairy farm dairy or factory is affected with any contagious or infectious disease or any disease or condition which may be proclaimed by the Governor in Council, the owner of such dairy farm dairy or factory shall immediately on such occurrence coming to his knowledge forward a written report of such person being so affected to the clerk of the municipal district and to a supervisor or to a member of the police force and such clerk supervisor or member of the police force shall forthwith transmit such report or written notice of such report to the Minister. Immediately on receiving notice of any such report the Minister shall forthwith cause notification of the fact of such receipt to be posted or given to the Secretary to the Commission of Public Health.

(2) In such report the owner shall specify the name and address of such person the name of the disease or condition and any prescribed particulars.

(3) Such owner shall immediately prevent such affected person from milking feeding attending handling or otherwise coming in contact with any cow producing milk for sale and from entering any room containing any dairy produce for sale and from touching or handling dairy produce milk utensils or milk for sale at such dairy farm or dairy or factory.

Owner to report when any member of his household or employe affected with contagious or infectious Jisease. No. 3736 s. 58.


No diseased person to handle &c. milk. No. 3736 s. 59.

73. (1) No person— (a) who is affected with any contagious or infectious

disease or disease or condition proclaimed as aforesaid or who has within the previous twelve hours been in contact with any person so affected or who is affected with eruptions or ulcerations or discharging wounds of the skin of the face hands or arms; or

(b) who has within the previous twelve hours been engaged in handling any animal or carcass affected with any notifiable disease under this Part and has not taken the prescribed precautions for disinfection; or

(c) who is employed in connexion with night-soil or any other substance declared to be noxious for the purposes of this section by the Governor in Council—

shall milk any cow used for the production of milk for sale or shall touch or handle dairy produce milk utensils or milk for sale or shall enter a room containing milk for sale unless authorized by a written certificate from a medical practitioner or from the Authority or a supervisor.

(2) No person shall sell any dairy produce or milk in regard to which any person affected or employed as described in this section has in any way contravened this section or any dairy produce or milk that has been stored in any room that has been entered in contravention thereof.

Powers of supervision. No. 3736 s. 60.

Supervision of Dairy Farms Dairies and Factories. 74. Subject to this Part any supervisor may at all reasonable

times— (a) enter inspect and examine any dairy farm dairy or

factory and inspect and examine all animals dairy produce and utensils thereat or therein; or

(b) take samples of such dairy produce or of water or fodder supplied to animals or of any materials used in connexion with the preparation of any dairy produce; or

(c) open at any dairy farm dairy factory or at any railway or tramway station or premises or in any vehicle any package which contains or is suspected to contain any dairy produce and take samples of the same. For such samples a reasonable sum of money shall be offered. Such samples may be forwarded to the Authority for examination and report by such expert or other person as the Authority may direct.

1958. Milk and Dairy Supervision: No. 6317 335

75. If after inspection and after complying with section when dairy unclean &c. No. 3736 s. 61; No. 4997 s. 32.

eighty-nine of this Act any supervisor is satisfied that— (a) any dairy farm dairy or factory or vehicle is in an

unclean or unwholesome condition; or (b) any utensil machinery apparatus or work at any dairy

farm dairy or factory is in an unclean or unwholesome condition; or

(c) any animal at a dairy farm is affected with a notifiable disease; or

(d) any person is affected with disease so that any dairy produce is likely to be contaminated; or

(e) the water used in connexion with a dairy farm dairy or factory is unwholesome—

he may by writing under his hand addressed to the owner of the dairy farm dairy factory or vehicle or to the consignor of the dairy produce (as the case may be) without further name or description—

(/) order such dairy farm dairy factory or vehicle and all such utensils machinery apparatus or works (as the case may be) to be forthwith cleansed disinfected and rendered wholesome to his satisfaction and to be maintained in such cleansed disinfected and wholesome condition;

(g) order the supply of water to be discontinued and a supply of wholesome water to be used;

(h) order the removal or isolation of any person affected with disease of a contagious or infectious nature likely to contaminate dairy produce: Provided that the supervisor shall first obtain the certificate of the health officer of the district in which the premises are situated or of some legally qualified medical practitioner that the disease with which such person is affected is a contagious or infectious disease or a disease or condition proclaimed as aforesaid under this Part;

(/) forbid the removal from a dairy farm dairy or factory of any dairy produce or any utensils for such time as he thinks necessary; or

(/) with respect to animals exercise all or any of the powers conferred upon him by this Part.

76. (1) If any supervisor is satisfied that any dairy produce seizure of inspected by him— dairy produce.

» . „ r. i N ° - 3736 s. 62; (a) is unfit for human food; or No. 4997s. 33. (b) is being or has been removed sold or delivered

contrary to this Part— he shall seize the same or prevent its use for human consumption in such manner as is prescribed.


Storage of ( 2 ) Any dairy produce which has been seized under this produce. section shall be forthwith placed in a cool chamber if such is

available and kept therein at as low a temperature as practicable pending the decision of any legal or other proceedings.

Supervisor's ( 3 ) The supervisor shall as soon as practicable make a reported.1" report to the Authority of all seizures or orders made by him

under this Par t .

7 7 . ( 1 ) Where any dairy farm dairy o r factory is newly established or constructed or is intended to be established or constructed or where the buildings and premises at a dairy farm dairy or factory are being altered or extended, such buildings and premises shall be constructed altered or extended (as the case may be) in accordance with such requirements as may be prescribed.

(2) So far as regards any dairy farm dairy or factory the Authority may from time to time give notice to the owner thereof to take or cause means to be taken (within a time specified in such notice) for the better construction and drainage of the buildings and premises and for the proper disposal of all drainage from such dairy farm dairy or factory.

(3) In this section the words "buildings and premises" include dairy milk room separator room factory cow yards bailing up yards cow sheds and milking sheds.

provisos as 78. (1) Where in pursuance of the last preceding section to payment of v / . . r . . ! _ • « . ? * expenses. any expense is incurred by any person being tenant or any NO. 3736 s. 64. landlord such expense as between such landlord and tenant shall

in the absence of any agreement expressly negativing the provisions of this section be payable in the proportions following:—

(a) In case the interest of such tenant at the time such expense is incurred be less than for a term of five years the whole expense shall be payable by such landlord;

(b) In case the interest of such tenant at the time such expense is incurred be for a term of five years and less than for a term of eight years three-fourths of such expense shall be payable by such landlord and one-fourth of such expense by such tenant;

(c) In case the interest of such tenant at the time such expense is incurred be for a term of eight years and less than for a term of twelve years half of such expense shall be payable by such landlord and half by such tenant;

Construction of new or altered dairy buildings. No. 3736 s. 63.


(d) In case the interest of such tenant at the time such expense is incurred be for a term of twelve years or upwards the whole of such expense shall be payable by such tenant:

Provided that any tenant whose unexpired interest is less than twelve years who shall commence the business of dairying without first obtaining the conseat in writing of his landlord shall bear the whole expense.

(2) If any such landlord or such tenant pays more than his proper proportion of such expense he may recover the excess from his tenant or landlord (as the case may be) as money paid to his use and any tenant may set off any sum recoverable by him under this section against any rent payable to his landlord.

79. (1) Where under this Part notice has been served on a wrh

yeJj^,lce

tenant to provide for the better construction and drainage of £nanuo" buildings and premises or to provide for the proper disposal of proper yard drainage or to make any addition or improvement thereto or iVnanTu. thereof such tenant shall forthwith deliver or cause to be delivered KCni who a copy of the said notice to the landlord of the premises or his {J£yelfcct

agent and such landlord may within thirty days from the receipt by improvements, himself or his agent of such copy notify to the tenant his intention to comply with such notice, and if in that event such landlord fails to effect such additions or improvements as are specified in the said notice he shall be liable to the penalties provided in this Part for failing to comply with such notice to the same extent and in the same manner as if he were the occupier.

(2) If such landlord so elects to comply with such notice he shall be at liberty with or without horses carts material workmen and others to enter such leased property and to effect the necessary additions or improvements.

(3) In any proceedings under this Part against any tenant the production of the notification by his landlord of his intention to comply with the notice shall be a bar to such proceedings.

(4) If such tenant does not deliver or cause to be delivered a copy of the notice aforesaid to the landlord such tenant shall forfeit any right of contribution he may have under this Part against such landlord.

(5) A copy of this section shall be printed upon the notice served on a tenant as aforesaid otherwise such notice shall be null and void.

80. Any person who feels aggrieved by any order or decision of a supervisor under this Part other than in relation to diseases of animals may on giving to such supervisor the prescribed notice in writing of his intention so to do within seven days appeal therefrom to a court of petty sessions which is hereby empowered to hear such appeal and to confirm or annul such order or decision and to make such order as to costs as it thinks fit.

Appeal from orders of supervisors. No. 3736 3. 66.

33S 1958. Milk and Dairy Supervision. No. 6317

Prohibition by 81« The Governor in Council may as regards any milk area councilor11 on the recommendation of the Minister or as regards any ^ n | P M B municipal district whether wholly or partly within a milk area making of o r n o t o n ^ application of the council of such district if approved No. 3736 s. 67. by the Minis ter—

( a ) prohibit any person keeping grazing or milking cows on any part or parts or in any par t of such area or district; and

( 6 ) determine the distance from any house or from any establishment where there is carried on any offensive t rade within the meaning of Par t V . of the Health Act 1958 within which no cow shall be housed or kept a n d n o milking carried on ; and

( c ) prohibit any person keeping for the product ion of milk for sale any cow tha t is either habitually depastured on or has unrestricted access to any street.

This section shall have operation in every par t of Victoria,

sale or supply 8 2 . Except as herein otherwise provided no person shall sell of seized or , r, , r r

unsound store o r keep for s a l e — dairy r

produce- (a) any dairy produce seized by a supervisor ; No. 4997 s! 34.' (ft) a n y dairy produce which is unfit for the food of m a n ;

(c) any dairy produce which has been drawn or derived from a cow that is known to or suspected by such person to be diseased or that has been isolated or the use of which has been prohibited in pursuance of this Part;

(d) any dairy produce from any dairy farm on which any animal required by this Part to be isolated is not isolated ;

(e) as milk anything which is not the normal product, without addition or subtraction, of the healthy udder of an animal, unless it is sold or supplied on a butter-fat test;

(/) as milk anything which is not pure milk unless it is sold or supplied as separated milk with the full knowledge and consent of the person to whom such milk is sold or supplied ;

(g) any butter which is or purports to be factory butter and which contains less than a prescribed percentage of butter-fat or more than a prescribed percentage of water provided that in no case shall the proportion of butter-fat be less than eighty per centum nor the proportion of water be more than fifteen per centum;

1958. Milk and Dairy Supervision. N o . 6317 339

No. 3736 s. 69.

(h) except as prescribed, any article under the names " skimmed milk " " boiled milk " " sterilized milk " " pasteurized m i l k " " frozen milk " " thawed milk " " humanized milk " " condensed milk " " concentrated milk " " dried milk " " desiccated milk " " milk powder " or under any designation purporting that the same is milk or cream that has been treated in any way ; or

( i ) except as prescribed, any milk to which anything foreign has been added.

8 3 . All milk or cream purchased by or for a factory or by or Butter-tat for any person for the purpose of being manufactured into butter S?keoJsof

or cheese shall be purchased on the basis of its butter-fat contents "*am;„ as determined by the Babcock or some equivalent test approved by the Minister and with such other conditions as may be prescribed, and account sales of such purchase shall be rendered to the vendor and shall set forth the number of pounds of butter-fat contained in such milk or cream for which payment is being made. Any vendor of milk or cream shall have the right to have his milk or cream tested in his presence at the factory not oftener than once a week. This section shall have operation in every par t of Victoria.

Registration and Supervision of Cows not on a Dairy Farm.

8 4 . ( 1 ) The owner of any cows in any municipal district or Registration part thereof to which this Par t applies which are not kept on a supervision dairy farm shall register the same in manner prescribed by on^aTrynot

regulations under this section. farms. No. 3736 s. 70.

( 2 ) With respect to all such cows the supervisor shall have Powers of supervisors. and may exercise the like powers as are conferred upon him by or

under this Par t with respect to cows on a dairy farm and the provisions of this Par t so far as applicable and with such alterations modifications and substitutions as are necessary shall extend and apply accordingly.

Regulations.

8 5 . ( 1 ) T h e Governor in Council may make regulations Power to which may vary in their application according to time and place relations. for all o r any of the following purposes :— N0.3736s.71

J o i l . N o 4 9 9 7

Prescribing in connexion with dairy farms dairies and ss-26(e>-35-factories the particulars to be set out in the form of application for licence the methods by which fees shall be paid and the conditions under which animals

http://N0.3736s.71


may be kept and the requirements in accordance with which buildings shall be constructed altered or extended;

Prescribing the mode in which animals affected with a notifiable disease shall be isolated and in which such animals and the products and discharges of such animals shall be dealt with and the conditions and restrictions under which any milk from such animals may be sold or used or disposed of;

Prescribing the means that may be used for diagnosis and discovery of disease in animals and the manner in which the branding (either temporarily or permanently) of cows as provided for in this Part shall be effected and the methods by which identification of the ownership of dairy produce shall be established;

Prescribing the conditions under which and length of period after removal from the animal beyond which milk may not be sold;

Prescribing on the recommendation of the Food Standards Committee under the Health Act 1958 as regards milk for direct human consumption—

(a) composition,

(b) physical condition including degree of freedom

from foreign matter,

(c) acidity,

(d) specific gravity— with any excess or diminution of which such articles may not be sold;

Prescribing the conditions under which milk which has been cooled aerated skimmed heated boiled sterilized centrifuged pasteurized frozen condensed concentrated desiccated dried or otherwise treated may be sold and the conditions under which beestings or any product prepared from beestings may be sold;

Prescribing the measures to be taken from time to time and after the occurrence of any ailment of any animal or person at dairy farms dairies or factories for maintaining cleanliness and wholesomeness of and for disinfecting dairy farms dairies and factories and dwellings occupied by the owner and by persons employed at dairy farms dairies or factories;


Prescribing the means to be adopted for the prevention of alteration infection contamination and deterioration or any of these changes of any specified dairy produce and of growth of bacteria and other organisms in milk and for the removal of contaminating materials and for the cleaning of vessels appliances machinery and vehicles used at dairy farms dairies and factories;

Prescribing the methods by which dairy produce that has been seized may be treated destroyed or disposed of;

Prescribing the standards size and measurements of all apparatus used for measuring and testing any specified dairy produce, and of the chemicals which may be used for testing any specified dairy produce;

Prescribing the conditions under which sanitary and sleeping accommodation should be provided for any assistant employed and boarded on a dairy farm dairy or factory within a milk area;

Prescribing equipment receptacles and containers to be used in the storage or sale of milk and cream and prohibiting the use thereof for any other purpose or by any person other than the owner for any purpose whatsoever;

Prescribing tests which may be applied in order to determine the suitability of equipment receptacles and containers for use in the storage or sale of milk and cream;

Prescribing the equipment to be used in dairies dairy farms and factories and the design materials and contruction of buildings thereat according to the volume and class of trade carried on;

Requiring the cooling and other treatment of milk at dairies;

Requiring an adequate supply of water of suitable quality and at suitable temperatures at dairy farms;

Prescribing tests to which milk may be subjected to determine its suitability for human consumption or whether it has been effectively treated—

and generally for carrying into effect the object and intention of this Part.

(2) Regulations made under this section may contain differential provisions according to the different classes of dairies to which they relate and, in particular, may contain differential provisions as regards dairies classified under the regulations as milk depots milk shops or milk bars.


(3) All such regulations when made by the Governor in Council shall be published in the Government Gazette and when so published shall have the force of law and shall be judicially noticed and shall be laid before both Houses of Parliament within fourteen days after the same have been made if Parliament is then sitting and if Parliament is not then sitting then within ten days after the next meeting of Parliament and a copy of any proposed regulations shall be posted to each Member of Parliament at least twenty-eight days before such regulations are approved by the Governor in Council.

Miscellaneous. Simplification 86. In any prosecution or other legal proceeding under the reit£r?fca2es. provisions of this Part instituted by or under the direction of the NO. 3736 s. 72. Authority or by any inspector supervisor or officer or by any

member of the police force no proof shall be required— (a) of any order to prosecute or of the particular or

general appointment of any such inspector supervisor or officer or of such member of the police force ; or

(b) of the authority of any inspector supervisor or officer or any member of the police force to prosecute.

87. In the event of any cow or cows being isolated condemned or otherwise dealt with under this Part by a supervisor so as to prevent the supply or sale of milk from such cow or cows the owner thereof if he has entered into any contract or agreement for the sale or delivery of milk shall be held indemnified from the payment of any damages claimed for the non-delivery of milk so far as such cow or cows are concerned.

88. Where pursuant to any provisions of this Part an officer has seized any dairy produce such officer shall forthwith give notice in writing of such seizure to the owner or consignor thereof if his name and address are attached to any such dairy produce and if such address is in Victoria, otherwise such notice shall be given to the importer or consignee of such dairy produce or his agent.

89. In the case of a sample of any dairy produce or water or fodder having been taken or seized by any officer in accordance with any provisions of this Part such officer shall forthwith deliver or forward a portion marked and sealed or fastened up in such a manner as its nature will permit to the owner or consignor thereof if his name and address are attached to such dairy produce or water or fodder or any package or vessel covering or enclosing the same and if such address is in Victoria, otherwise such portion shall be delivered or forwarded to the importer or consignee of such dairy produce or water or fodder or his agent.

Effect on contracts of isolation Ac. No. 3736 s. 73.

Notice of seizure to owner consignor Ac. No. 3736 s. 75.

Portion of sample to be sent to owner consignor &c. No. 3736 8. 76.


90. Any inspector supervisor or officer or any member of the Power of police force may prosecute for any breach of or offence against this prosecute. Part or any regulation or order made thereunder. No fee shall be NO. 3736 s. 77. payable on the issue or service of any summons or warrant of distress on the complaint of any such inspector supervisor or officer or member for the purpose of enforcing any of the provisions of this Part.

. 91 . (1) If the person appearing to be the owner of any land is Liability of absent from Victoria or cannot after reasonable inquiries be found agent!

any occupier or any agent or person advertising or notifying NO. 3736 s. 78. himself by placard or otherwise as authorized to deal with such land in any way shall for the purposes of any legal proceedings under the provisions of this Part be deemed to be such owner.

(2) Such occupier agent or person may recover from such Recoupment, owner any penalty in which he has been convicted or any expenses to which he has been put or any sums of money or costs which he has expended in and about such lands pursuant to the provisions of this Part whether under the compulsion of legal process or not. Any occupier may set off any sum recoverable by him under the provisions of this Part against any rent due or which may become due in respect to such land.

(3) Nothing herein shall exclude or take away any other saving, methods of proof.

92. (1) Any notice or order under this Part may be wholly service of ., . ' . ». . . . . , . , J J notice. or partly in printing or m writing or both. No 3736 s 79

(2) Where under this Part any notice or order is required to be given to the owner or occupier of any house building or land such notice or order addressed to the owner or occupier thereof as the case may require may be served on the occupier of such house building or land or left with some inmate of his abode who is apparently at least sixteen years old or may be posted by registered letter addressed to such owner or occupier or if there is no occupier may be put up on some conspicuous part of such house building or land.

(3) It shall not be necessary in any such order or notice to name the occupier or the owner of such house building or land.

93 . All notices or orders required under this Part to be served Continued on any occupier or owner shall if due service thereof has been once ordera'and* made on any occupier or owner be binding on all persons claiming notices-by from or under such occupier or owner and on all subsequent No-3736s8a

occupiers or owners to the same extent as if such order or notice had been served on such last-mentioned persons respectively.


onences. 94. (1) Every person shall be guilty of an offence against this No. 3136 s. 81. p a r t w J i O

(a) furnishes any certificate report or account sales which such person is empowered or required by this Part to furnish and which is or are not to the best of his knowledge and belief true and correct in all particulars ; or

(b) replies falsely to any officer in reply to inquiries which such officer deems it necessary to make in carrying out the provisions of this Part or refuses to render reasonable assistance required of him under thi« Part; or

(c) removes from a dairy farm any animal for the purpose of preventing examination of such animal by an officer as required by this Part or who fails to produce or submit for examination as required by this Part any animal intended for the production of any dairy produce for sale ; or

(d) without permission of an inspector or supervisor removes from any dairy farm any animal that is required under this Part to be isolated or that is branded in pursuance of this Part; or

(e) in constructing altering or extending buildings or premises or in carrying out the provisions of section eighty-nine of the Health Act 1958 at any dairy farm dairy or factory fails after reasonable notice to comply with any regulation ; or

(/) fails to comply with any notice or order made pursuant to this Part by the Authority or any inspector supervisor or officer ; or

(g) does not hold a licence although required by this Part to hold a licence ; or

(ft) is guilty of a contravention of any of the provisions of this Part or of any Order in Council or regulation thereunder for which a penalty is not expressly provided.

(2) Every person who is guilty of an offence against this Part shall be liable to a penalty of not more than Five pounds for a first offence and not more than Fifty pounds for any subsequent offence.

onus of 95. In every case where any person is charged with selling No*3736a.82. a n v dairy produce contrary to the provisions of this Part or of any

regulations made thereunder the onus of proof that such dairy produce was not exposed for sale or that any dairy produce was not sold for human consumption shall be on the defendant.


96. Where the owner of a dairy farm dairy or factory is charged Exemption 0c with an offence against any of the provisions of this Part he shall penalty on

be entitled upon information duly laid by him to have any other ™r„viftlon" person whom he charges as the actual offender brought before the °ffender-court at the hearing of the charge; and if after the commission of ^ " j 3 7 3 6 8 - 8 3

the offence has been proved the owner proves to the satisfaction of the cour t—

(a) that he had used due diligence to enforce the execution of this Part; and

(b) that the said other person had committed the offence in question without his knowledge consent or connivance the said other person shall be summarily convicted of such offence and the said owner shall be exempt from any penalty. The person so convicted shall in the discretion of the court be also liable to pay any costs incidental to the proceedings.

97. Where it is made to appear to the satisfaction of the Exemption of inspector supervisor or other officer or any member of the police proceedings,

force at the time of discovering an offence— NO- 3736 s. 83 (a) that the owner has used all due diligence to enforce

the execution of this Part; and (b) by what person the offence has been committed ; and (c) that it has been committed without the knowledge

consent or connivance of the said owner and in contravention of his orders—

the said inspector supervisor or officer or member of the police force shall proceed against the person whom he believes to be the actual offender without first proceeding against the said owner..

PART II I .—MILK SUPPLY TO THE METROPOLIS AND PROCLAIMED URBAN DISTRICTS

98. (1) In this Part unless inconsistent with the context or rmerpretatioa subject-matter— No-4997s-2-

" Committee " means the Milk Supply Committee under " Committee."

this Part .

" Dairy farm " means any premises where cows are milked •• Dairy or kept for the purpose of producing milk. farm.'

Metropolis " means the municipal districts specified in - Metropolis/ the Second Schedule to this Act and includes any second municipal district or part thereof which is by Schedule-proclamation of the Governor in Council under this Par t declared to be included in the metropolis.

M i l k " does not include condensed dried or desiccated •• MIIK." milk or milk powder or milk of any other similar prescribed form.


"Milk Depot."

' Officer."

' Owner.'

1 Part."

' Permit.'

' Prescribed."

References to dairy farms from which milk is forwarded to the metropolis.

Provision for extension of metropolis.

"Milk depot" means any premises (including a factory within the meaning of section fifty-four of this Act) at which milk is received from the owner of a dairy farm for the purpose of mixing or treatment and which are prescribed as a milk depot.

" Officer " means any officer engaged in the administration of this Part.

" Owner" includes occupier or person in charge or apparently in charge owner's agent or manager and in the case of a company the manager secretary or other controlling officer thereof.

" Part" means part of this Act. " Permit" means permit granted under this Part and in

force. " Prescribed " means prescribed by regulations made under

this Part. (2) Any reference in this Act to a dairy farm from which

milk is forwarded to the metropolis for consumption as milk shall be deemed to include a reference to a dairy farm in the metropolis from which milk is forwarded sold or distributed for consumption in the metropolis as milk.

(3) The Governor in Council may by proclamation published in the Government Gazette declare any municipal district or part thereof specified in such proclamation to be included in the metropolis ; and any such proclamation may be revoked amended or varied by a proclamation of the Governor in Council published as aforesaid.

Application of Act to metropolis and urban districts. No. 4997 8. 4.

99. This Part shall apply with respect to— (a) the metropolis and milk for consumption in the

metropolis ; and (b) any urban district as defined from time to time by

proclamation of the Governor in Council published in the Government Gazette and milk for consumption in that district—

and for the purposes of the application of this Part with respect to any urban district so defined and milk for consumption therein any reference to the metropolis or milk for consumption therein shall be deemed to be a reference to that district or milk for consumption therein, and this Part shall with the necessary adaptations be read and construed accordingly.

Provisions of this Part to be in aid of other enactments relating to milk. No. 4997 s. 5.

100. The provisions of this Part shall be read and constiued as in aid of and not in derogation from the provisions of the preceding Parts of this Act the Health Act 1958 and any other Act or enactment relating to milk or the supply thereof.


101. (1) The Governor in Council may appoint for the Miik supply purposes of this Part a committee to be called the Milk Supply ^ ° ^ ^ " 6 . Committee.

(2) The committee shall consist of— (a) the person for the time being holding under the Public

Service Act 1958 the office of Superintendent of Dairying who shall be chairman of the committee ;

(b) the person for the time being holding under the Public Service Act 1958 the office of Chief Veterinary Inspector ;

(c) the person for the time being holding the office of Director of the Veterinary Research Institute maintained by the University of Melbourne ;

(d) a person appointed by the Governor in Council who is a legally qualified medical practitioner and an officer of the Department of Public Health;

(e) a person appointed by the Governor in Council who is a member of the Milk Board;

(/) a person who is a practical dairy farmer appointed by the Governor in Council as representing producers of milk;

(g) a person being a distributor of milk appointed by the Governor in Council as representing distributors of milk; and

(h) a person appointed by the Governor in Council as representing consumers of milk.

(3) At all meetings of the committee the chairman or in his Chairman absence a member elected by the other members present to preside at the meeting shall preside and shall have a second or casting vote.

(4) Any four members of the committee shall constitute a Quorum, quorum and subject to this Part the committee may regulate its own proceedings.

(5) The members of the committee.(other than those employed in the public service) shall be entitled to be paid such travelling expenses as the Governor in Council determines.

f (6) The members of the committee referred to in paragraphs (d) (e) (/) (g) and (h) of sub-section (2) of this section shall be entitled to hold office for a period of three years from the date of their appointment and shall be eligible for re-appointment but the Governor in Council may remove any such member.

(7) The Governor in Council may when the case so requires fill any vacancy (however arising) in the committee.

(8) During any vacancy in the committee the continuing members may (so long as there is a quorum) act as if no vacancy had occurred.

Travelling expenses.

Period of appointment of certain members.

Filling vacancies.

Power to act notwithstanding vacancies.


Powers and duties of the committee. No. 4997 s. 7.

Inquiries by the committee. No. 4997 s. 8.

Laboratory to be established and maintained. No. 4997 s. 9.

Costs and rxpenses how defrayed.

Owners of dairy farms forwarding milk for consumption in the metropolis to hold permits. No. 4997 s. 10.

102. In addition to any other powers and duties the committee shall have and may exercise all or any of the following powers and shall perform the following duties :—

(a) To prepare draft regulations under this Part for submission to the Minister ;

(b) To publish reports information and advice concerning the means to be adopted in connexion with the carriage delivery keeping storing preservation treatment and use of milk for consumption in the metropolis and the prevention of the deterioration or contamination thereof ; and

(c) To report to the Minister upon matters affecting the supply of milk to the metropolis and upon any amendments which it thinks advisable in the law relating thereto and upon matters referred to it by the Minister.

103. The committee may make any inquiry which it deems necessary or expedient for the purpose of exercising its powers and performing its duties under this Part; and for the purposes of any such inquiry shall have all the powers conferred by sections fourteen to sixteen of the Evidence Act 1958 upon a board appointed by the Governor in Council.

104. (1) There shall be established and maintained a laboratory at which there may be carried on such researches into matters relating to milk (including chemical physical and bacteriological research) and such other researches and investigations as the committee requires for the purposes of this Part.

(2) The costs and expenses of establishing and maintaining the laboratory and carrying on the said researches and investigations shall be paid in equal parts out of moneys to be provided by Parliament for the purpose and by contributions by the several municipalities the municipal districts whereof or any part of such municipal districts are within the metropolis or any urban district to which this Part applies; and the amount payable from time to time by each such municipality shall be determined by the Governor in Council and shall be a debt due to the Crown and shall be recoverable accordingly :

Provided that the committee with the consent of the Minister (whether given generally or in any particular case) may cause any such researches or investigations to be made in any other laboratory.

105. (1) It shall be necessary for the owner of any dairy farm from which milk is forwarded—

(a) directly or indirectly to the metropolis for consumption as milk ; or

1958. Milk and Dairy Supervision. No . 6317 349

(b) (without affecting the generality of the foregoing) to a milk depot from which milk is forwarded to the metropolis for consumption as milk—

to hold an annual permit in respect of such dairy farm under this Part.

(2) No fee shall be payable in respect of such permit. (3) Such permit shall be in addition to any licence which such

owner is required to hold under the preceding Parts of this Act.

106. (1) It shall be necessary for the owner of any milk °wnedrs ot

depot from which milk is forwarded directly or indirectly to the torwart/lr!" tnillr tn tin*

metropolis for consumption as milk to hold an annual permit in metropolis to respect of such milk depot under this Part. J ^ w T u .

(2) No fee shall be payable in respect of any such permit. (3) Such permit shall be in addition to any licence which such

owner is required to hold under the preceding Parts of this Act.

107. (1) Any owner— Application , . , . . . . . . . . . . . . , , for permits. (a) of a dairy farm from which milk is forwarded— No. 4997 s. 12.

( i ) directly or indirectly to the metropolis for consumption as milk ; or

(ii) to a milk depot from which milk is forwarded to the metropolis for consumption as milk ; or

(b) of a milk depot from which milk is forwarded directly or indirectly to the metropolis for consumption as milk—

may make application in the prescribed form for a permit in respect of such dairy farm or milk depot (as the case may be).

(2) Upon such application the Minister may grant or refuse Oram and to grant a permit under this Part, permits.

(3) Every permit so granted shall unless sooner cancelled or Term of suspended under this Part remain in force until the thirty-first day permts-

of March next following the granting thereof and no longer. (4) Every permit shall contain and be granted subject to such Pe™i

i,n3to

conditions as are prescribed, conditions.

108. Any owner of a dairy farm from which any milk is owners of «__, ,„„ J „ J dairy farms tOrWardea forwarding

(a) directly or indirectly to the metropolis for consumption metropolis as milk ; or Sfelice'uniess

(b) to a milk depot from which any milk is forwarded to remits0

the metropolis for consumption as milk— NO. 4997 s. 13. shall, unless he is the holder of a permit under this Part, be guilty of an offence against this Part:


Provided that it shall be a good defence in any prosecution under paragraph (b) of this section if the defendant proves that he did not know and had no reasonable means of ascertaining that the milk forwarded to the milk depot from the dairy farm was or was to be forwarded from the milk depot to the metropolis for consumption as milk.

Owners of milk depots forwarding milk to metropolis guilty of offence unless holders of permits. No. 4997 s. 14

Owners of milk depots guilty of offence unles3 milk received from dairy farms or milk depots for which permits held. No. 4997 s. IS.

Owners of dairies in ihs metropolis to purchase milk from dairymen in the metropolis or owners of dairy farms or milk depots holding permits. No. 4997 s. 16.

Holders of permits to comply with conditions of permit. No. 4997 s. 17.

Suspension of permits by Superintendent of Dairying. No. 4997 s. IS.

Cancellation or suspension of permits by Minister on ' recommendation of Superintendent of Dairying. No. 4997 8.19.

109. Any owner of a milk depot from which any milk is forwarded directly or indirectly to the metropolis for consumption as milk shall, unless he is the holder of a permit under this Part, be guilty of an offence against this Part.

110. Any owner of a milk depot at which, except as prescribed milk is received otherwise than from a dairy farm the owner of which holds a permit under this Part or a milk depot the owner of which holds a permit under this Part, shall be guilty of an offence against this Part.

111. Any owner of a dairy in the metropolis or from which milk is sold or distributed in the metropolis who purchases milk, except from the owner of another such dairy or from the owner of a dairy farm or a milk depot who is the holder of a permit under this Part in respect thereof, shall be guilty of an offence against this Part.

112. Any holder of a permit under this Part in respect of a dairy farm or a milk depot who contravenes or fails to comply with the conditions contained in such permit shall be guilty of an offence against this Part.

113. If the Superintendent of Dairying is satisfied that— (a) the conditions contained in any permit under this

Part are being contravened or not being complied with ; or

(b) the purity of the supply of milk to the metropolis is endangered—

he may by notice in writing setting out the reasons for the suspension and served upon the holder suspend the operation of a permit for a period of not more than fourteen days and may recommend to the Minister that the permit be cancelled or suspended for a longer period.

114. The Minister, on the recommendation of the Superintendent of Dairying as aforesaid, may by notice in writing served upon such holder cancel such permit or suspend, for any period up to the next following thirty-first day of March, the operation of the permit.

1958. Milk and Dairy Supervision. N o . 6317 351:

115. Notwithstanding anything in the Milk Board Act 1958 MUIC Board the Milk Board shall not approve any contract for the purchase of approve milt" certain uuxb. contracts for

(a) from owners of dairy farms for sale or distribution in nSkfor8 o£

the metropolis ; or dumbuuor. (b) from owners of milk depots for sale or distribution in metropolis

.. . , . * unless vendors t h e m e t r o p o l i s are the

holders of unless the vendor under the contract is the holder of a permit under p«mits. this Par t . No.4997s.20.

116. ( 1 ) Any officer authorized in writing (whether generally Power to or in any particular case) in that behalf by the Superintendent of lg£e£5? Dairying may at any time require the owner of a dairy farm dairy p

eroduction of

or milk depot to produce for inspection any invoice agreement ^^ments>

contract receipt book or accounts in his possession relating to sales accounts, &c. or purchases of milk or any cheque books o r bank books in his No-4997s-2I-possession, and such officer may inspect and take copies from any such document book or accounts.

(2) Any such officer may at all reasonable times by day Or Power to nitrVit- officers to n i g n i e n t e r dairies.

(a) enter upon any dairy farm dairy or milk depot, and— ™dkvehffi , . . . . .. ..I. e i * a n d to inspect ( I ) inspect any par t thereof or any plant or and take

appliances therein ; and samples-(ii) examine and take samples of milk or any

substance or article used or likely to be used in connexion with milk;

(b) stop examine and enter any vehicle used for the transportation of milk (whether directly or indirectly) to the metropolis or any milk depot, and examine and take samples of any milk or any substance or article thereon.

(3) Any person who— Penalty for

(a) fails or refuses to produce any document book or &c. accounts when required so to do as aforesaid; or

(b) obstructs or interferes with any officer in the discharge of his duties or the exercise of his powers under this Part—

shall be guilty of an offence against this Part. 117. Any officer duly authorized by the Minister whether Prosecution

generally or in any particular case may prosecute for an offence ^ ° 4f ^ s ^

against this Part .

118 . Any notice required or authorized under this Par t to Service of - • ... . - notices.

No. 4997 s. 23. be served on the owner of a dairy farm or milk depot may b e notices-served on the owner personally or may be posted by registered letter addressed to such owner a t such dairy farm or milk depot.

http://No.4997s.20


Penalties for 119. Any person who is guilty of an offence against this Part awiasMhis or who contravenes or fails to comply with any regulation made reBuiSlionS® under this Part shall be liable to a penalty of not more than Fifty No. 4997 8. 24. p o u n d s .

Renuiatioiu. 120. (1) The Governor in Council may make regulations for NO. 4997 s. 25. or with respect to—

(a) securing the sanitation and cleanliness of dairy farms and milk depots in respect of which permits under this Part are required to be held, and of appliances and utensils at such farms or depots;

(b) the cooling and other treatment of milk to be delivered at the metropolis for consumption as milk;

(c) prescribing the maximum temperature at which milk is to be kept at any stage from production to delivery to the consumer in the metropolis;

(d) prescribing methods and means of dealing with milk which does not comply with the regulations;

(e) prescribing methods of cleansing and sterilizing cans vessels containers utensils appliances and equipment used in connexion with the production and supply of milk for consumption in the metropolis;

(/) prohibiting the sale or forwarding for consumption in the metropolis of milk containing in any specified quantity thereof bacteria in excess of a specified number or specified bacteria in excess of a specified number or any specified bacterium;

(g) preventing or minimizing the contamination and deterioration during transportation, and regulating the times and deliveries, of milk for consumption in the metropolis at any stage from production to delivery thereof to the metropolis;

(h) prescribing the conditions to be contained in permits under this Part;

(/) notification to owners of dairies and milk depots receiving milk from dairy farms or milk depots of cancellation or suspension of permits under this Part in respect of such dairy farms or milk depots: and

(/) generally prescribing any matters or things authorized or required to be prescribed or necessary or expedient to be prescribed for carrying this Part into effect.


(2) All such regulations shall be published in the Government Publication. Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament; and a copy of all such regulations shall be posted to each member of Parliament.

SCHEDULES.

FIRST SCHEDULE. Sections

Number of Act Title of Act. Extent of Repeat

3736 . . Milk and Dairy Supervision Act 1928 So much as is not already repealed.

3943 . . Statute Law Revision Act 1930 Item in Schedule referring to Milk and Dairy Supervision Act 1928.

3969 . . Dairy Produce Act 1931 So much as is not already repealed.

4349 .. Dairy Produce Act 1935 The whole. 4523 . . Dairy Produce Act 1937 The whole. 4727 . . Dairy Produce Act 1940 The whole. 4997 . . Milk and Dairy Supervision Act 1943 The whole.

5217 . . Statute Law Revision Act 1947 Items in Schedule referring to Milk Supply Committee Act 1938 and Dairy Produce Act 1940.

5602 . . Statute Law Revision Act 1951 Item in Schedule referring to Dairy Produce Act 1931.

5753 .. Statute Law Revision Act 1953 Item in Schedule referring to Milk and Dairy Supervision Act 1928.

5886 . . Dairy Produce {Cheese) Act 1955 The whole.

VOL. VI.—12


SECOND SCHEDULE. Section 98.

The municipal districts of the— City of Malvern. City of Brighton. City of Melbourne. City of Brunswick. City of Moorabbin. City of Box Hill. City of Mordialloc. City of Camberwell. City of Northcote. City of Caulfield. City of Nunawading. City of Chelsea. City of Oakleigh. City of Coburg. City of Port Melbourne. City of Collingwood. City of Prahran. City of Essendon. City of Preston. City of Fitzroy. City of Richmond. City of Footscray. City of St. Kilda. City of Hawthorn. City of Sandringham. City of Heidelberg. City of South Melbourne. City of Kew. City of Williamstown.

MILK AND DAIRY SUPERVISION ACT 1958.

Documents

Transcript of MILK AND DAIRY SUPERVISION ACT 1958.