r 204 13 GEO. V.] Milk Supply. • No. 3226 No. 3226. An" Act to make further and better provision for the Supply of Milk and to •unend the Dairy Supervision Art 1915. [14/// December, 1922.] E it enacted by the King's Most Excellent Majesty by B and with the advice and consent of the Legislative Council and the Legislative Assemblv of in this present Parliament assembled and by the authority of the same as follows (that is to say) :—

Short; title 1. (1) This Act may be cited as the Milk Supply Act construction and citation. 19*22 and shall be read and construed as one with the Dairy No. 2030. Supervision Act 11)15 (hereinafter called the Principal Act) which Act and this Act may be cited together as the Dairv Supervision Acts. Commencement;. (2) This Act shall come into operation on a date to be fixed by proclamation of the Governor in Council published in the Government Gazette. Division into (3) This Act is divided into Parts as follows:— Parts. Part I.—Supply of Milk. Part II.—Amendments of the Dairy Supervision Act 1915. PART L—SUPPLY OF MILK.

Interpretation. 2. (I) In this Part unless inconsistent with the context or subject-matter— '' Committee." "Committee" means the Milk Supply Committee under this Act. 44 "Milk." Milk" includes cream. 44 "JiUk depot." Milk depot" means a milk depot established by any council or councils pursuant to tin's Part. 44 ' 'Municipality." Municipality " includes the city of and the city of Geelong. 44 ««Part." Part" means Part of tiiis Act. 44 " Prescribed." Prescribed " means prescribed by this Part or by regulations under this Part. 44 " Regulations." Regulations" means regulations under this Part. 44 " Treatment." Treatment" of milk includes the examination cleansing pasteurization modification teXstiuo: grading cooling refrigerating and bottling of milk; and "to treat" has a corresponding in­ terpretation. (2) Every 13 GEO. V.] Milk Supply. [No. 3226 205

(2) Everv milk depot shall be deemed to be a dairy MiikdcpotBto Withi_ «,i n th,i e meanin" • g ors* thj i e Principai» • • li ActA . . bamuee deemes unded to rb e 3. (1) Save as otherwise expressly provided the Application of provisions of this Part shall apply only— schedule. (a) to the municipal districts of the municipalities specified in the Schedule to this Act; and (&) to any other municipal district or part thereof to which the said provisions on the written request of the council of the municipality are extended and applied by proclamation of the Governor in Council published in the Govern­ ment G(tzet?e. (2) Any proclamation under this section may be revoked amended or varied by proclamation of the Governor in Council published as aforesaid. 4:. The provisions of this Part shall be read and con- provisions of i , m m Act to be In aid r strued as in aid and not in derogation of the provisions of JJ,^ onta the Principil Act, the Health Act ID 1!», the Dairy Produce Act relating to miik. in in 1 4.1 A ±. 4. L ) J.' J. *11 Nos. 2039,3041, .1911), and any other Act or enactment relating to milk or aooa. the supply thereof. 5- The council of any municipality to the municipal Power'or . . • . "' . i. ccimcllBto district of which or any part thereof this Part applies or ePiabiishmiik i <« i M .• ,-1 . dep6ts&c. any number or such councils acting together by agreement may— (a) establish milk depots whether within or without the municipal district of any such municipality'; (b) treat milk at any such depot ; (c) buy milk for treatment at any such depot; (d) manufacture ice at any such depot ; (e) sell (whether by wholesale or retail) at such dep6t i or sell by wholesale and deliver to dairies or factories licensed under- the Dairy Supervision Acts milk bought by any such council and treated at any such depot or ice manufactured at any such depot; (/) purchase or take on lease lands and purchase take on lease or on hire or construct erect main­ tain enlarge renew and alter buildings plant machinery apparatus and equipment for the purposes of any such milk depot ; !, (g) buy appliances and utensils used in connexion with the supply or distribution of milk and sell •\ : \ any 206 13 GEO. V.] Milk Sujyply. [No. 3226 any such appliances and utensils to persons from whom any such council buys or to whom any such council sells milk ; (h) at any such milk depot cleanse and sterilize appliances and utensils used in connexion with the supply or distribution of milk by persons who supply to or buy milk at any such depot ; and (i) charge such reasonable prices and charges as the council or councils determine for the sale or delivery of milk or ice sold or delivered as aforesaid and for the sale or the cleansing1 and sterilizing of appliances and utensils as aforesaid.

Purchase ol 6. 1 he purchase of lands and the purchase construction lands machinery # . # ; , . . pormaniSit erection enlarging renewing and altering of buildings plant rv apparatus and equipment for r the purposes of ™|;;'""*L, machiner ' ' ' '' ' '' '" undeundertakingr NO.26S6* . tl11H Act shall be deemed to be permanent works and undertakings within the meaning of Part XIV. of the Local Government Act 1915.

M»ksupply 7. (1) The Governor in Council may appoint for the Commitfeo to be r 1 • t , • , n • i 1 appointed. purposes ol this Act a committee or eight members to be called the Milk Supply Committee. Members. ('!) The committee shall consist of— (a) the Chief Veterinary Inspector of the Department of Agriculture by virtue of his office, and he shall be chairman of the committee; and (b) one person appointed as representing the Coin- mission of Public Health ; (c) one person appointed as representing the Railway Department ; (d) one person who shall be a legally qualified medical practitioner; (e) two persons being councillors of municipalities appointed as representing councils of munici­ palities to the municipal districts whereof or to any part of any such municipal district this Part applies but who shall not be producers or distributes of milk ; (/) one person appointed as representing milk pro­ ducers'; and (g) one person appointed as representing milk dis­ tributors. (3) At 13 GEO. V.J Milk Supply. [No. 3226 207

(3) At all meetings of the committee the chairman or in chairman. his absence a member elected by tlie other members present to preside at the meeting shall preside and shall have a second or casting; vote. (4) Any five members of the committee shall constitute Quorum' a quorum, and subject to this Act the committee may reiMilate its own proceedings.

(")) The membeis of the committee (other than those Exfensc8and employed in the Public Service or the Railway Service) shall be entitled to be paid such travelling expenses and to be paid attendance fees of such amount as the Governor in Council determines, but such fees shall not exceed Two guineas per member per sitting or One hundred and twenty pounds in respect of any one financial year. ((>) Subject to this Act the members of the committee rwindot \ ' J m % appointment. (other than the chairman) shall he entitled to hold office for a period of three years from the date of their appointment and shall be eligible for re-appointment: Provided that— (a) the Governor in Council may remove any such member; and (6) any member appointed as representing councils of municipalities shall on ceasing to be a member of anv such council cease to be a member of the committee.

(7) The Governor in Council may fill any vacancy JJ|[Jglei (however occurring) in the committee. (8) During any vacancy in the committee whether in STtfiandios the office of chairman or other members the continuing ^Snca^s. members may (so long as there is a quorum) act as if no vacancy Lad occurred.

8. In addition to any other powers and duties the JXTouhe committee shall have and mav exercise all or any of the eon""11*68- following powers and shall perform the following duties:— (a) To prepare regulations under this Tart for submis­ sion to the Governor in Council ; (b) To publish reports information and advice concern­ ing the means to be adopted in connexion with the carriage delivery keeping storing preserva- • ' tion treatment and use of milk and the . ; prevention of the deterioration or contamination thereof; and .y>',>> ; • (f) To 208 13 GEO. V.] M ilk Supply. [No. 3226

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

Inquiries by 9. The committee may make any inquiry which it deems tho committee. necessary or expedient for the purpose of exercising its powers and performing its duties under this Part; and for the purposes of any such incjuiry shall have all the powers No. 2647 as. conferred by sections fourteen to sixteen of t\\a Eridunce Act 14-16. 1015 upon a board appointed by the Governor in Council.

Where depotn 10. Where a milk depot has been established pursuant established mnk"8oTi7obe to tliis Part (whether by the council of any iiiunicipality or -standarof prescribed Acd . ^ • , /• i M • i i by anv number or such councils actinir together by a«Tee- merit) no person shall sell, within the municipal district or any part thereof to which this Part applies of any such municipality, milk of any class unless such milk is of the grade prescribed for that class of milk and lias been treated at that or some other milk depot established by any council or councils or at a dairy or factory within the meaning of the Principal /Vet (not being a milk depot) where milk is treated in the manner required by or under this Part for the treatment of milk at milk depots.

M'lk supplied for tiule or sold 11. (1) Where regulations have been made prescribing to be of prescribed grades for milk which may be supplied for sale or sold in grade. any municipal district or part thereof to which this Part applies— (a) the committee may issue certificates in the prescribed form to producers of milk supplying milk for sale or to persons selling milk within such municipal district or part thereof speci­ fying the grade or grades of milk which any such producer is authorized to supply or any such seller is authorized to sell ; Suppliers and sellers to hold (b) no person shall supply or sell milk within any such nertiflcates- municipal district or part thereof unless he holds such a certificate; (c) no person shall supply or sell milk as aforesaid as being of a higher grade than that specified in such certificate unless and until a certificate specifying a higher grade has been issued to him bv the committee ; (d) every 13 GEO. V.] Milk Supply. [No. 3226 209

(d) every person selling any milk within any such municipal district or part thereof which is required to be sold in prescribed containers shall label every such container as prescribed and specify on the label the grade of the milk so sold ; and (e) every person supplying or selling milk under this section shall state in every invoice or account rendered by him to any person to whom milk is so supplied or sold the prescribed grade of milk so supplied or sold. (2) Every label invoice or account aforesaid shall be warranty. deemed a representation or warranty by the person supplying or selling milk as aforesaid to the person to whom the milk is supplied or sold that the milk is of the grade stated in such invoice or account or on such label (as the case may be). (3) Every person who supplies or sells milk in contra- penalties, vention of this section shall be liable for a first offence to a penalty of not more than Five pounds and for any sub­ sequent offence to a penalty of not more than Twenty pounds. (4) The committee may cancel any certificate issued to Power tocancei N ' , ,, . *• ,. , ;, i. certificate. any person under tins section whether any proceedings under this section have or have not been taken against him. 12. (1) The committee— Power oi committee to prohibit in (a) may by order prohibit any person specified in the certain cases supplying'for order from supplying for sale in any municipal Bale nillk not of prescribed district or part thereof to which this Part grade &o. applies milk produced in Victoria which is below the lowest grade prescribed for any class of milk ; (b) may by order prohibit the sale by any council or any person in any such municipal district or part thereof specified in the order of milk produced in Victoria which is below the lowest grade prescribed for any class of milk ; and (c) may revoke amend or vary any order made under this section. (2) Every order under this section so long as such order Effect of order. is not revoked shall take effect as if enacted in this Part. (3) Any 210 13 GEO. V.] Milk Supply. [No. 3226

Penalties. (3) Any council which or person who contravenes or , fails to comply with any such order sliall be liable to a penalty of not less than Twenty pounds or more than Fifty pounds.

Laboratory to 13. (1) There sliall he established and maintained be established and maintained. a laboratory at which there may be cai'ried 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 (including the collection of data for the determination and maintenance of grades of milk). Costa and (2) The costs and expenses of establishing and main­ expenses how defrayed. taining the laboratory and carrying on the said researches and investigations shall be paid in equal parts out of moneys to he provided by Parliament for the purpose and by contributions by the several municipalities to the muni­ cipal districts whereof or any part of such municipal districts this Part applies ; and the amount payable from time to time by each such municipality shall be determined bv the Governor in Council and sliall he 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 anv such researches or investigations to be made in any other laboratory.

Offences against Part. 14. (1) Kvery person who contravenes or fails to comply with any provisions of this Part or of anv regulation shall be ffniltv of an offence against this Part. Penalty for (2) Where no penalty is specially provided for any offences not otherwise offence against this Part any person guilty of such offence provided for. shall be liable to a penalty of not more than Fifty pounds and to a further penalty of not more than Five pounds for each day on which any such offence is continued after any conviction therefor, Offences Ac. (3) U here two or more persons commit or knowingly by two or more persona. authorize or permit the commission of any offence against Comp. No. 3030 H. 34. this Part each of such persons shall be liable therefor and the liability of each of them shall be independent of the liability of the other or others. Liability of corporation &c. (4) A corporation other than a municipality shall be liable for any offence against this Part as if such corpora­ tion were a private person and shall be subject to the same penalties 13 GEO. V.] Milk Supply. [No. 3226 211 penalties as if it were a private person ; and if any chair­ man member of the imvernino; body director manager secretary or officer of such corporation knowingly author­ izes or permits the commission of any such offence he shall also be liable therefor. (5) Where the council of a municipality is by or under wnwifyof \ / mi J .' m councils or this Part liable for any offence the chairman of such council municipalities. and every member thereof and everv officer or employe of the municipality who knowingly authorizes or permits the commission of the offence shall be liable therefor.

15- (1) The Governor in Council on the reconunen- insulations on . . i. i • i l • reci (limit nd dation or the committee may make regulations not incon- ati.mof d} fill'* sistent with this Act or with anv regulations under section committee. N oa.8041, 2639. two hundred and forty-eight of the Health Act 15)11) or 3005. under the Principal Act or under the Dairy Produce Act 191!) for or with respect to — (a) securing the sanitary construction and the sanitation and cleanliness of milk depots established by any council or councils or of dairies within any municipal district or part thereof to which this Part applies, and of appliances and utensils used in such milk depots or d.dries ; (6) methods to be followed in the treatment of milk (and in particular the bottling <>f milk) at such milk depots or dairies ; (c) prescribing the maximum temperature at which milk is to be kept at any and every stage from its production to its delivery to a purchaser for consumption; (d) prescribing grades for milk which may be supplied for sale or sold in any municipal district or part thereof to which this Part applies (includ­ ing the prescribing of different grades for dif­ ferent classes of milk) ; (e) requiring milk of any prescribed grade to be sold in prescribed containers labelled as prescribed; (/) prescribing methods of dealing with milk which does not comply with the regulations : (g) prescribing methods of cleansing and sterilizing cans vessels utensils appliances and equipment used in connexion with the sale supply or " distribution of milk ; (h) any 212 13 GEO. V] Milk Supply. [No. 3226

(h) any forms for use under this Part; and any such forms or forms to the like effect shall be suffi­ cient in law; and (i) generally, prescribing any matters or things authorized to be prescribed or necessary or convenient to be prescribed for carrying this Part into effect. Publication (2) All such regulations shall be published in the Government 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 alter the next meetino; of Parliament. Revocation of regulations. (3) Without prejudice to any other method of revocation the Governor in Council may by Order published in the Government Gazette revoke any regulation under this section.

Pi\RT II.—AMENDMENTS OF THE UDA:UY SUPEKVISION ACT 1915."

Amendmento/ JQ. Jn section four of the Principal Act in the Interpretation of . . » ' i'liaS^i'lnWo* interpretation ot "Dairy" after the word "being" there shall be inserted the word u solelv."

Amendment of No. 2039 8. 11. 17. At the end of sub-section (2) of section eleven of Fees for dairies the Principal Act there shall he inserted the following in municipal districts or parts proviso :— thereof to which this Act u applies. Provided further that for a dairy in any municipal district or part thereof" to which Part I. of the Milk Supply Act 1922 applies the annual amount payable for an annual licence shall be such sum as is prescribed but not less than Two pounds or more than Five pounds."

Amendment of No. 2639 8. 17. 18. (1) For sub-sections (2) and (3) of section seven­ teen of the Principal Act tliere shall be substituted the following sub-section :— "(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 13 GEO. V.] Milk Supply. [No. 3226 213

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 is prescribed.'' (2) In section eighteen of the Principal Act— consequential „ , , , i At.- ,, ! ini i amendment lor the words uthe Minister there shall be sub- ofNa.2Mo stituted the words "the chief veterinary inspector or an officer who is a veterinary surgeon"; after the word ''forwarded" there shall be inserted the words " or given." 19. (1) The owner of any cows in any municipal Bedutration upervWon district or part thereof to which Part I. of this Act applies S0«!SiSf!o n which are not kept on a dairy farm shall register the same daI^y*atm,• in manner prescribed by regulations under this section. (2) With respect to all such cows the supervisor shall powen«f have and may exercise the like powers as are conferred upon him by or under the Principal Act with respect to cows on a dairy farm and the provisions of the Principal Act so far as applicable and with such alterations modi­ fications and substitutions as are necessary shall extend and apply accordingly.

(3) The Governor in Council may make such regulations Powertomake as are necessary or convenient for carrying into effect the re8a,*tion»- purposes of this section. (4) All such regulations shall be published in the ggfagunof • Government 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.

20. Notwithstanding anything in the Principal Act Noperflonto no person shall sell milk (other than conolensed dried Sg"ffi,lnto* or desiccated milk or milk powder or milk of such other kind or in such other form as is excepted from the operation of this section by the regulations) in any milk area or municipal district in which the Principal Act is in force unless he or the person for whom he sells milk is the holder of a licence under section eleven of the Principal Act. %>.««» m. 939 _8 SCHEDULE. 214 13 GEO. V.] Milk Supply. [No. 3226

SMtkmS. SCHEDULE. City of Brighton. City of Melbourne. . Shire of Moorabbiu. . City of Northcote. . Shire of Nunawading. . Borough of Oakleigh. . . . . City of Fitzroy. Town of Preston. . . . City of Saint Kilda. Shire of Heidelberg. Town of Sandringham. City of Kew. . . .