Poultry Industry Act 1946-1979

(1)

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©State of Queensland

(2)

QUEENSLAND

POULTRY INDUSTRY ACT 1946-1979

[Reprinted as at 31 January, 1980]

Poultry Industry Act of 1946, 10 Geo. 6 No. 33

~ As amended by

Poultry Industry Act Amendment Act of 1950, 14 Geo. 6 No. 15 Poultry Industry Acts Amendment Act of 1959, 8 Eliz. 2 No. 20 Meat Industry Act of 1965, No. 28

Poultry Industry Acts Amendment Act of 1965, No. 54 Stock Act and Other Acts Amendment Act1973, No. 32 Poultry Industry Act Amendment Act 1975, No. 68

Commenced 1 January .1976 {Proc. pubd. Gaz. 20 December 1975, p. 1574).

Poultry Industry Act Amendment Act 1979, No. 63

An Act to Regulate the Poultry Industry and for purposes incidental thereto, and to Consolidate and Amend the Law relating to Diseases in Poultry.

[Assimtedto 30 April-i946J.

BE IT ENACTED by the Queen's Most Excellent Majesty, by and with:

the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-

1. · Short title.

of 1946.

PART I-PRELIMINARY

This Act may be cited as The Poultry Industry Act Collective title conferred by Act of 1979, No. 63, s. 1 (3).

2. Parts of Act. This Act is divided into Parts, as follows:"'-'-

PART I-PRELIMINARY;

PART II-ADMINISTRATION;

PART Ill-THE POULTRY INDUSTRY;

PART IV-DAY-OLD CHICKENS;

PART V-DISEASES IN POULTRY;

PART VI-GENERAL.

3. Repeals. Sch. I. Subject to the provisions hereinafter in this section contained, the Acts specified in the First Schedule to this Act are repealed, to the extent in that Schedule indicated: .

(3)

2 s.4 POULTRY INDUSTRY ACT 1946-1979

Provided that, but without prejudice to The Acts Shortening Acts,-

(i) All Orders in Council, regulations, notices, licenses, certificates of registration, orders, directions, or requisitions made, given, or issued under the repealed Acts or any of them and in force at the coming into operation of this Act shall, subject to this Act, continue in force until revoked or modified under this Act, or, as the case may be, until the due date of expiry thereof;

(ii) The person holding the office of Chief Inspector, and all inspectors and other officers appointed under or for the purpose of the repealed Acts or any of them and in office at the coming into operation of this Act, shall, subject to this Act, continue in office respectively as Chief Inspector, inspectors, and such officers without any further or other appointment;

(iii) Any right of action or power of prosecution had by or against any person under the repealed Acts or any of them at the coming into operation of this Act shall continue to be had and may be enforced as if this Act had not come into operation;

(iv) All penalties incurred under the repealed Acts or any of them before the coming into operation of this Act shall be enforceable and may be enforced as if this Act had not come into operation;

(v) All books and documents made evidence under the. repealed Acts or any of them shall continue to be evidence to the same extent as if this Act had not come into operation.

4. Interpretation. In this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively that is to• say,-

•• Carcass "-The carcass of poultry or any part of the carcass of poultry;

"Day-old chicken "-The young (less than seven days old) of any fowl;

•• Destroy''-T<> consume by fire, bury under the ground, kill, or otherwise destroy to the satisfaction of an inspector;

" Disease " -

~a} clostridial infection, (including gangrenous dermatitis.,. necrotic enteritis, ulcerative enteritis), colibacillosis, erysipelas, fowl cholera, fowl typhoid, haemophilosis (infectious coryza), mycoplasmosis, omphalitis, pasteurellosis, pullorum disease, salmonellosis, spirochaetosis, staphylococcosis, tuberculosis, vibrionic hepatitis;

(b) chlamydiosis (psittacosis, ornithosis);

(c) mycosis (including aspergillosis, candidiasis, cryptococcosis, favus, histoplasmosis);

(d} Argas persicus (fowl tick) infestation, Echidnophaga gallinacea (stickfast flea) infestation, lice infestation, mite infestation;

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POULTRY INDUSTRY ACT 1946-1979 s.4 3

(e) cestodiasis, nematodiasis (including Ascaridia spp., capillaria spp., Cheilospirura spp., Dispharynx spp., Gongylonema spp., Heterakis spp., Oxyspirura · mansoni (eye worm), Syngamus trachea (gapes)) trematodiasis;

(f) coccidiosis, hexamitiasis, histomoniasis, leucocytozoonosis, toxoplasmosis, trichomoniasis;

(g) botulism, mycotoxicosis;

(h) adenovirus infection (including haemorrhagic enteritis, quail bronchitis), arbovirus infection, avian monocytosis (blue comb), coronavirus infection (infectious bronchitis), herpesvirus infection (including duck enteritis, infectious laryngotracheitis, Marek's disease), inclusion body hepatitis, infectious bursal disease, leucosis/sarcoma virus infection, orthomyxovirus infection (including fowl plague, avian influenza), paramyxovirus infection (including Newcastle disease), picornavirus infection (avian encephalomyelitis), pox virus infection, reovirus infection, reticuloendotheliosis virus infection; and

(i) any other disease affecting poultry that is declared by Order in Council to be a disease for the purposes of this Act;

" Diseased poultry "-Poultry actually suffering from or affected with disease or poultry that have been in contact with diseased poultry;

" District "-A district constituted under this Act;

"Eggs "-eggs in the shell of the fowl and of such other avian species that are declared by Order in Council to be eggs for the purposes of this Act;

"Egg products "-Egg pulp, separated egg white or any mixture of separated egg yolk and egg white whether in liquid, frozen, dried or reconstituted form and whether or not the product has been subjected to the process of pasteurisation, and such other products that are declared by Order in Council to be egg products for the purposes of this Act; .

'' Egg pulp "-The contents of broken-out whole eggs that have been mixed together to form a pulp;

"Fittings "-Any pen, house, box, roost or other structure for keeping or confining poultry, and any boxes or other articles or things whatsoever which have been brought into contact with poultry;

"Fowl "-Means a cock or hen (Gallus domesticus) and the young thereof;

" Hatchery ":_Shall mean and include any holding or building on or in which day-old chickens are produced, and shall include poultry, incubators, plant, equipment, and fittings used in, about, or in connection with such production;

" Holding "-Any farm freehold or leasehold or place where poultry are kept ;

(5)

" Infected area "-Any part of the State which the Governor in Council has, by Order in Council, declaled to be infected with disease, and any holding or place which has been subjected to an order of quarantine by an inspector;

"Infected poultry "-Diseased poultry, or poultry which are suspected by an inspector to be diseased or infected with disease or which in. the opinion of an inspector have been in direct or indirect contact with disease within the last preceding three months;

"Inspector "-An inspector appointed under this Act;

"Introduced poultry "-Poultry brought into this State from any place outside this State; and "introduction" has the correlative meaning;

"Minister "-The Minister for Primary Industries or other Minister of the Crown who, at the material time, is charged with the administration of this Act: the term includes any Minister of the Crown who is temporarily performing the duties of the Minister;

" Officer "-Any inspector or other officer appointed under this Act, or any person having for the time being authority to exercise all or any powers conferred by this Act on officers within the extent of such authority;

" Order "-A command or direction whether given orally or in writing;

"Owner "-The owner, lessee, licensee, or occupier, whether jointly or severally, having charge or control of any holding or poultry or eggs or egg products, or the authorised agent or the superintendent of the owner;

"Place "-Includes any house, shop, structure, building, ship, barge, boat, vehicle, car, aircraft, shed, stall, or any land or premises whatsoever and wheresoever situated;

" Poultry "-Fowls, ducks, geese, turkeys, guinea fowls, pheasants and pigeons, and the young thereof, and any other birds which the Governor in Council by Order in CounCil from time to time declares to be poultry under and for the purposes of this Act;

"Poultry dealer "-A person who on his own behalf or in conjunction with any other person or as an agent for any other person exercises or carries on the business or advertises or notifies that he exercises or carries on the business of buying poultry for re-sale;

"sell "-agree to sell, offer; or expose for sale, keep or have in possession for sale, receive, consign, send, forward or deliver for or on sale, authorizing, causing, permitting, suffering or attempting any of such acts or things;

"Started pullet "-A female fowl that is between 21 and 180 days of age and intended for egg production;

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POULTRY INDUSTRY ACT 1946-1979 s.S 5

" Started pullet supplier "-A person who on his own behalf or in conjunction with any other person or by agreement with any other person or as an agent for any other person exercises or carries on the business or advertises or notifies that he exercises or carries on the business of raising started pullets for sale;

" This Act "-This Act and all Orders in Council and regulations and orders and directions made and/ or given thereunder;

" Treated "-Dipped, dressed, sprayed, inoculated, tested, disinfected, or treated with any medicament, in any case as a cure or detection for, or prevention of, disease;

"Under Secretary "-The Under Secretary, Department of Primary Industries: the term includes any person for the time being discharging the duties of that office.

As amended by Act of 1965, No. 54, s. 2; Act of 1973, No. 32, s. 39; Act of 1975, No. 68, s. 3; Act of 1979, No. 63, s. 2.

PART II-ADMINISTRATION

5. Governor in Council may appoint districts, etc. The Governor in Council may from time to time, by Order in Council-

(i) Constitute any part of the State a district for the purposes of this Act or include in. any district so constituted any part of the State not already included in a district;

(ii) Alter the boundaries of any district or districts and for that purpose may abolish any district and include same in another district or include parts thereof in two or more other districts;

(iii) Abolish any district constituted for the purposes of this Act;

(iv) Declare any birds to be poultry under and for the purposes of this Act;

(v) Declare any disease affecting poultry to be a disease under and for the purposes of this Act;

(vi) Declare any part of Queensland to be an infected area with such boundaries as he thinks necessary, and alter the boundaries of such area;

(vii) Prohibit the sale or exposing for sale of any poultry, eggs or egg products within the State or within any district or districts for such period as may be fixed by the Order;

(viii) Require the inspection and disinfection of introduced poultry when and as may be prescribed; and direct that if any such poultry are infected poultry the same shall be dealt with under this Act;

(ix) Prescribe the route or method of conveyance by which infected poultry shall be taken to their destination.

As amended by Act of 1975, No. 68, s. 4.

(7)

6. (1) Poultry Advisory Board. For the purpose of assisting in the development and improvement of the poultry industry in Queensland and in particular for the purposes of assisting in the improvement of the-

( a) efficiency of production;

(b) quality of eggs, egg products and poultry meat;

(c) quality and health of poultry; and (d) general well being of the industry,

the Governor in Council may constitute a Board to be called " The Poultry Advisory Board " (in this Act referred to as " the Advisory Board").

(2) Constitution of Advisory Board.

The Advisory Board shall consist of seven members appointed by the Governor in Council by notification published in the Gazette.

The persons eligible for appointment shall b!'!-

(a) a senior officer of the Department of Primary Industries (who shall be the chairman of the Board) nominated by the Minister;

(b) the Husbandry Officer in Charge, Poultry Section, Department of Primary Industries, who ex officio sball be

a

member of the

&~; .

(c) a person nominated by the Minister from a panel of at least three names submitted to him by the Egg Marketing Boards constituted under the Primary Producers' Organisation and Marketing Act 1926-1973;

(d) a person nominated by the Minister from a panel of at least three names submitted to him by a body or association of producers recognized by him as representing the interests of the commercial producers of eggs;

(e) a person nominated by the Minister from a panel of at least three names submitted to him by a body or association of persons recognized by him as representing the interests of commercial processors of poultry meat;

(f) a person nominated by the Minister from a panel of at least three names submitted to him by a body or association of persons recognized by him as representing the interests of commercial growers of broiler chickens; and

(g) a person nominated by the Minister from a panel of at least three names submitteq to him by a body or association of persons recognized by him as representing stock suppliers engaged in the business of hatching chickens for sale.

If any panel of names for the purposes of subparagraph (c), (d), (e), (f) or (g) is not submitted within the time or in the manner prescribed the Governor in Council may appoint a person, on the nomination of the Minister, to be a member of the Advisory Board in place of the person required to be nominated under the subparagraph in question.

If upon appointment as a member of the Advisory Board, the appointee fails or refuses to act as such, the Governor in Council may

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POULTRY INDUSTRY ACT 1946-1979 s.7 7

appoint a person, on the nomination of the Minister, to be a member of the. Advisory Board in the stead of such appointee and in addition the Governor in Council shall cancel his appointment.

(3) (Repealed.)

(4) Tenure of office. Every member of the Advisory Board other than the ex officio member thereof shall, subject to this Act, hold office as such for such period as is prescribed and be eligible for reappointment.

(5) Casual vacancies. Upon the occurrence of a casual vacancy in the membership of the Advisory Board the Governor in Council shall, by notification published in the Gazette, appoint a date on or before which a person is to be appointed to fill such vacancy.

The appointment of a person to fill such a casual vacancy shall be made on or before the date so appointed and in the manner as prescribed by this Act in relation to the membership of the Advisory Board.

If any panel of names required by this subsection to be submitted is not submitted at least 14 days prior to the date appointed for the filling of a casual vacancy the Governor in Council may appoint a person, on the nomination of the Minister, to fill the vacancy.

The person appointed to fill a casual vacancy in the membership of the Advisory Board shall be appointed for the balance of the term for which his predecessor was appointed.

( 6) Deputy members. If a member is likely from any cause to be absent from meetings of the Advisory Board for more than six consecutive months, the Governor in Council may appoint a deputy (who, in the case of the husbandry officer in charge, Poultry Section, Department of Primary Industries, need not hold such office, temporarily or otherwise) to act for such member during his absence.

(7) If a member, or the chairman, is absent from any meeting of the Advisory Board, the Minister may, by writing under his hand, appoint a person to represent the said member or the chairman, at such meeting.

A person appointed to represent a member or the chairman shall in respect of the meeting in question be deemed to be and have all of the powers and authorities of a member or, as the case may be, the chairman of the Advisory Board.

As amended by Act of 1950, 14 Geo. 6 No. 15, s. 2; Act of 1959, 8 Eliz. 2 No.

20, s. 2; Act of 1965, No. 54, s. 4 (2) (as from 1 July 1966); Act of 1973, No. 32, s. 40;

Act of 1975, No. 68, s. 5.

7. Proceedings of Advisory Board. (1) Not less than five members of the Advisory Board, one of whom shall be the chairman or his representative, shall form a quorum.

(2) The chairman or, in his absence, his representative, shall preside at any meeting of the Advisory Board.

(3) The chairman presiding at any meeting shall, in the event of

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

(4) Subject to this Act, the Advisory Board shall meet at such times and conduct its business in such manner as may be prescribed or, in so far as not prescribed, as it may from time to time decide.

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8 S'S. 8, 9 POULTRY INDUSTRY ACT 1946-1979

(5) Any member mentioned in paragraph (c), (d), (e), (f) or (g) of subsection two of section six of this Act shall be entitled to such fees

and allowances as are prescribed. ·

As amended by Act of 1965, No. 54, s. 5 (2) (as from 1 July 1966); Act of 1975

No. 68, s. 6. · '

8. Disqualification from membership of Advisory Board. The office of a member of the Advisory Board, other than an ex officio member thereof, shall become vacant if such member-

(i) Dies or becomes mentally sick; or

(ii) Becomes bankrupt or compounds or makes an arrangement with his creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or (iii) Is absent without leave from three consecutive ordinary

meetings of the Advisory Board of which due notice has been given to him; or

(iv) Resigns his office by writing under his hand delivered to the Under Secretary; or

(v) Is convicted of an indictable offence or ,of an offence against

this Act; or ·

(vi) Is removed from office by the Governor in Council.

9. Functions of the Advisory Board. The Advisory Board shall, subject to this Act, have power and authority to-

(i) Advise the Minister upon matters relating to or arising out of· the investigation of problems confronting the poultry industry from time to time or at any time and the dissemination of information obtained by means of any such investigation;

and

(iA) Make to the Minister recommendations respecting the amounts of the precepts to be issued on Egg Marketing Boards constituted under The Primary Producers' Organisation and Marketing Acts, 1926 to 1946; and

(iB) Make to the Minister recommendations respecting the amounts of the precepts to be issued on the owner of each and every poultry slaughter-house licensed under and pursuant to The Meat Industry Act of 1965; and ·

(ii) Assist the Minister in an advisory capacity in the efficient conduct of any experimental work relating to the poultry industry including the progeny testing of poultry; and (iii) (Repealed.)

(iv) Exercise, perform and undertake such further powers, duties and responsibilities as the Governor in Council may, from time to time, by Order in Council, confer or impose upon the said Advisory Board, or as may be prescribed, or as directed from time to time by the Minister.

As amended by Act of 1950, 14 Geo. 6 No. 15, s. 3; Act of 1965, No. 54, s. 6;

Act of 1975, No. 68, s. 7.

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POULTRY INDUSTRY ACT 1946-1979 ss.lO-lOB 9

10. Inspectors, etc. (1) The Governor in Council may from time to time appoint a Chief Inspector and such check egg graders, inspectors and other officers as may be necessary for the effectual execution of this Act:

Provided that, unless the Oovemor in Council otherwise determines, the Husbandry Officer in Charge, Poultry Section, Department of Primary Industries, shall be deemed to be and shall have and be charged with all of the powers and duties of Chief Inspector:

Provided further that where in relation to a matter arising under or pertaining to Part V a reference is made by or under this Act to the Chief Inspector, that reference shall be read and construed to be a reference to the Chief Inspector appointed under and for the purposes of the Stock Act 1915-1973.

(2) Every member of the Police Force, inspector appointed under The Stock Acts, 1915 to 1965, and inspector appointed under The Meat Industry Act of 1965 shall, ex officio, be and be deemed to be an inspector appointed under this Act.

The Minister may, in writing, authorise any person to exercise all or any powers conferred by this Act on officers, and may revoke such authority.

(3) Honorary inspectors. For the purpose of the effectual execution of this Act, the Minister may from time to time appoint~ with power of revocation, any person as an honorary inspector under this Act.

The powers and duties of an honorary inspector shall be such as

may be prescribed. ·

( 4) Subject to the regulations, a check egg grader shall satisfy .himself

that eggs are graded as prescribed. ·

A certificate, purporting to be under the hand of a check egg grader, as to the grade or grades of the eggs therein specified shall be conclusive evidence of the correctness of the grading of such eggs.

As amended by Act of 1950, 14 Geo. 6 No. 15, s. 4; Act of 1965, No. 54, s. 7;

Act of1973,. No.·32, s. 41.

lOA. Poultry Industry Fund. There shall be established at the Treasury a Fund to. be called " The Poultry Industry Fund " (hereinafter in this Act referred to by the term " Fund "), out of which may be paid any expense incurred in the execution of this Act:

Provided that it shall be lawful to pay out of the Fund expenditure for any purpose recommended by the Advisory Board to and approved by the Minister as having relation to assistance in the development and improvement of the poultry industry in Queensland.

. All fees and other moneys whatsoever received under the provisions of this Act shall be paid into the Fund.

Inserted by Act of 1950, 14 Geo. 6 No. 15, s. 5.

lOB. Payments into Fund. (1) Each Egg Marketing Board constituted under the Primary Producers' Organisation and Marketing Act 1926-1973, each owner of a poultry slaughter-house licensed under the Meat Industry Act 1965-73 and each holder, in districts prescribed for the purposes of

54506---JJ

(11)

10 lOB POULTRY INDUSTRY ACT 1946-1979

tbis section, of an egg producer's · basic hen quota granted under the Hen Quotas Act 1973-1975 shall, in respect of each financial year commencing on 1 July in each year commencing-

(a) in the case of such Board and owner, with the financial year commencing on 1 July 1975; and

(b) in the case of such holder, with the financial year commencing . on a date fixed by Proclamation,

pay to the Minister as prescribed by tbis section the amount required to be paid in accordance with tbis section.

(2) For obtaining from each such Board and each such owner or holder the amount payable by such Board or owner or holder under tbis section in respect of any financial year the Minister may issue or cause to be issued a precept directed to such Board or, as the case may be, owner or holder.

Such precept shall-

( a) be sufficiently authenticated if it purports to be signed by the Minister or on his behalf;

(b) state the amount to be paid by the Board or owner or holder to wbich or to whom it is directed; ··

(c) require the Board or owner or holder to wbich or to whom it is directed to pay such amount to the Minister on or before the date specified therein.

(3) Each and every Board or owner or holder thereunto required by a precept shall, subject .to tbis Act, pay the amount stated in the precept in compliance in every respect with the requirements of such precept;

(4) If a Board or owner or holder fails to pay in accordance with tbis Act the amount required by a precept to be paid, the Minister may cause a copy of such precept to be filed in the registry of a court wbich has jurisdiction in relation to a personal action arising otherwise than out of an accident in wbich a motor vebicle is involved in wbich . the amount claimed is not more than the amount required by such precept to be paid.

Such copy precept shall, at the time of being · so filed, be endorsed with or be accompanied by a statement of the amount wbich the Board or, as the case may be, owner or holder has f:;tiled to pay and such endorsement or, as the case may be, statement shall be certified as correct under the hand of the Minister.

(5) Upon the expiration of sixty days after the filing of a copy precept in the registry of a court of competent jurisdiction such precept shall be of. the same force and effect and all proceedings and remedies for the enforcement thereof with costs may be taken as if such precept were a judgment of the court in the registry of whcih such copy is filed ordering payment of the amount required by such precept to be paid together with costs.

(6) An Egg Marketing Board to wbich a precept has been directed pursuant to tbis section shall pay the amount of the precept from its Funds.

The payment of such amount to the Minister shall be deemed to be in law the payment of an administrative expense of the Board.

(12)

POULTRY INDUSTRY ACT 1946-1979 ss. lOc-12 11

(7) Subject to an appropriation by Parliament, the Treasurer shall in respect of each financial year pay into the Fund from Consolidated Revenue-

( a) a sum of money equal to the total of the amounts of all precepts issued under this section in respect of that year;

(b) such other sums of. money as .are necessary for the purposes of this Act.

Substituted by Act of 1965, No. 54, s. 8; as amended by Act of 1973, No. 32, s. 42; Act of 1975, No. 68, s. 8; Act of 1979, No. 63, s. 3.

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

lOc. Protection from liability. Neither the Crown nor any inspector shall be civilly liable on account of anything done by an inspector pursuant to this Act, or done by an inspector in good faith purportedly for the purposes of this Act.

An inspector shall not be criminally liable on account of anything done by him pursuant to this Act, or done by him in good faith purportedly for the purposes of this Act.

This section shall not be construed to protect an inspector from his liability to be dealt with pursuant to the Public Service Act 1922-1973 on account of any contravention of or failure to comply with any provision of that Act committed by him.

Inserted by Act of 1975, No. 68, s. 9.

PART III-THE POULTRY INDUSTRY

11. Modification of definition for purposes of Part

m.

The Governor in Council may from time to time declare by Order in Council that any poultry dealer who is such by reason only of doing such act or acts specified therein and who is within such class or classes as may be therein specified shall not be a poultry dealer for the purposes of Part III of this Act and the term "poultry dealer" where used in that Part shall to that extent be amended accordingly.

Substituted by Act of 1965, No. 54, s. 9.

12. Registration of stock suppliers. (1) In this section the term " stock supplier " means any person who carries on, either alone or in connection with any other business, the business of-

(i) Hatching day-old chickens, day-old ducklings and day-old poults or all or any two of such descriptions of day-old poultry for sale; or

(ii) Supplying fowl eggs, duck eggs or turkey eggs or all or any two of such descriptions of eggs for hatching; or

(iii) A poultry dealer;

(iv) A started pullet supplier, or all or any two of such businesses;

(2) The Chief Inspector shall make and keep a register to be called the Register of Poultry Stock Suppliers.

(13)

(3) The Chief Inspector shall cause to be entered in the register of poultry stock suppliers-

( a) The full name and address of every stock supplier who applies for and is qualified for registration under this section; and (b) The description of the business or businesses in respect of

which such stock supplier is registered; and

(c) The address of each and every holding or premises in or upon which such stock supplier carries on the business or any one or more of the businesses in respect of which he is registered; and

(d) The date of registration; and

(e) Such other particulars as may be prescribed.

Upon registration the Chief Inspector shall allot a registered number to the stock supplier.

( 4) The register of poultry stock suppliers shall be open to inspection by any person at the office of the Husbandry Officer in Charge, Poultry Section, Department of Primary Industries, Brisbane, at all times during which that department is open for the transaction of public business.

(5) A person shall not, in or upon any holding or premises, carry on the business of-

(i) Hatching day-old chickens, day~old ducklings or day-old poults or all or any two of suc.h ·descriptions of day-old poultry for sale; or

(ii) Supplying fowl eggs, duck eggs or turkey eggs or all or any two of such descriptions of eggs for hatching; or

(iii) A poultry dealer;

(iv) Astarted pullet supplier,

at any time when he is not registered under this Act as a stock supplier in respect of such holding or premises and the business carried on by him therein or thereon.

(6) Every stock supplier shall be entitled to be registered as such in respect of the business or businesses as stock supplier carried on by him, if he makes application to the Chief Inspector, pays the prescribed registration fee, and-

(i) Satisfies the Chief Inspector that each and every holding or premises in respect of which his application is made and the accommodation, fittings, and equipment thereof comply in all respects with the requirements of this Act; and

(ii) Satisfies the Chief Inspector that he has provided and will at all times have available at each and every such holding or premises suitable and sufficient facilities to enable inspectors to make inspections and to carry out the duties imposed upon them by this Act; and

(iii) Satisfies the Chief Inspector that he is a fit and proper person to be a registered stock supplier; and

(iv) Furnishes to the Chief Inspector such other information as may be prescribed.

(14)

POULTRY INDUSTRY ACT 1946-1979 ss. 13-16 13 (7) Every registered stock supplier shall pay to the Under Secretary such annual registration fee as may be prescribed.

Such annual fee for the first year shall accompany the application for registration and for the second and each subsequent year shall be paid within thirty days after the commencement of the year.

If any registered stock supplier fails to duly pay his annual registration fee the Chief Inspector shall strike his name and business or, as the case may be, businesses off the register:

Provided that the Minister may exempt from such payment any stock supplier whose business as such is small and not substantially his means of livelihood and all stock suppliers in such districts as may be prescribed.

(8) Where the Chief Inspector is satisfied-

( a) that since registration a registered stock supplier has committed an offence against this Act;

(b) that a registered stock supplier was registered erroneously or in consequence of any false document, statement, or representation, or fraudulent document, statement, or misrepresentation;

(c) that a registered stock supplier is in any other respect or respects not a fit and proper person to continue as so registered, he may by notice call upon the registered stock supplier in question to show cause within the time specified in the notice why the Chief Inspector should not cancel the registration.

If the registered stock supplier fails to show cause within the time specified in the notice or within any extension of the time which the Chief Inspector may allow, the Chief Inspector may strike his name and business or, as the case may be, businesses off the register.

A registered stock supplier may appeal to the Minister against the decision .of the Chief Inspector to strike his name and business or, as the case may be, businesses off the register.

As amended by Act of 1959, 8 Eliz. 2 No. 20, s. 4; Act of 1965, No. 54, s. 10;

Act of 1973, No. 32, s. 43; Act of 1975, No. 68, s. 10.

13-15. (Repealed.)

Repealed by Act of 1975, No. 68, s. 11.

16. Prohibited advertisements. (1) A person shall not publish or cause or permit to be published any advertisement of any kind whatsoever-

( a) relating to the supply by him of poultry not intended for immediate slaughter or of eggs for hatching, unless such advertisement-

(i) describes as prescribed the poultry or eggs referred to therein; and

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14 ss.17, 18 POULTRY INDUSTRY ACT 1946-1979

(ii) (where such person is registered as a stock supplier under this Act) states the name, registered number, address as registered in the register of poultry stock suppliers and place of business of such person; ·

{b) which describes as accredited, approved, supervised, or guaranteed under this Act or by the Department of Primary Industries, the Under Secretary thereof or any officer or inspector thereof, the business of such person or the poultry or eggs referred to therein ; or

(c) which describes poultry or eggs as blood-tested or free from disease unless the poultry or eggs have been certified by the Chief Inspector appointed under the Stock Act 1915-1974 as free from disease.

(2) Any person who publishes or causes to be published any advertisement which contravenes or fails to comply with any provision of this section shall be guilty of an offence and liable to a penalty of not more than one hundred dollars.

As amended by Act of 1959, 8 Eliz. 2 No. 20, s. 8; Act of 1965, No. 54, s. 11;

Act of 1975, No. 68, s. 12.

Decimal currency reference subsituted pursuant to section 7 of Decimal Currency Act of 1965.

17. Prohibition of the supply of poultry or eggs. (1) Where the Chief Inspector is satisfied that it is necessary so to do by reason of the nature or extent of any disease with which the holding or premises or poultry of any stock supplier are infected, or of the number of poultry unsuited for breeding purposes used by any stock supplier, or of the quality of the young of poultry hatched by any stock supplier, the Chief Inspector may, by notice in writing served upon such stock supplier, prohibit such stock supplier from supplying poultry or eggs for hatching.

{2) Every such prohibition shall remain in force for the period specified therein or, if no such period is so specified, until it is withdrawn by the Chief Inspector.

(3) A stock supplier may appeal to the Minister against- (a) a prohibition imposed on him by the Chief Inspector; and (b) any refusal of the Chief Inspector to withdraw such a

prohibition.

Amended by Act of 1965, No. 54, s. 12; Act of 1975, No. 68, s. 13.

PART IV-DAY-OLD CHICKENS

18. (I) Licensing of persons as qualified to determine the sex of day-old chickens. (a) Subject to this section, the Under Secretary may, upon the recommendation of the Husbandry Officer in Charge, Poultry Section, Department of Primary Industries, license or refuse to license any person as a person qualified to determine the sex of day-old chickens.

The sex of day-old chickens may be determined by either or both of the following methods:-

(i) a direct examination of the cloaca;

(ii) an inspection of the gonads with the aid of an optical instrument; or

(16)

POULTRY INDUSTRY ACT 1946-1979 s.18 15 (iii) such other method as is prescribed.

(b) Licenses issued under this section shall be of two classes, namely:.,-

(i) A license, first class; and (ii) A provisional license.

A license issued under this section shall state the method or, where more than one method was used, methods for determining the sex of day-old chickens used by the holder thereof at the examination consequent upon which the license was issued.

A license issued pursuant to this section before the commencement of The Poultry Industry Acts Amendment Act of 1965 shall be deemed to have stated thereon the following method for determining the sex of day-old chickens, viz., a direct examination of the cloaca and the provisions of this section shall extend and apply accordingly.

Where a license issued pursuant to this section states or is deemed to state only one method for determining the sex of day-old chickens it shall, upon a pass pursuant to and in accordance with this section by the holder in respect of any other method for determining the sex of day-old chickens, state such other method thereon.

(c) The Under Secretary shall not issue a license, first class, to a person-

(i) who has not held a provisional license for one calendar year; and (ii) who, during that time, has not passed all the prescribed

accuracy tests.

(d) The Under Secretary shall not issue a provisional license under this section to a person who has not obtained a pass of 97 per centum at such examination as may be prescribed. ·

(e) Any holder of a license, whether first class or provisional, under this section shall, if thereunto required in writing at any time or from time to time by the Husbandry Officer in Charge, Poultry Section, Department of Primary Industries, inform the said officer in charge in writing of the names and addresses of all persons for whom he has determined the sex of day-old chickens during the period specified in such requisition.

Moreover every holder of a first class license shall once at least in each and every calendar year not earlier than the last day of November deliver to the said officer in charge a return in writing showing the names and addresses of all persons for whom he has determined the sex of day-old chickens during the period of one year next preceding the date of such delivery and the respective numbers of day-old chickens of which the sex was determined by him for each such person.

(f) Nothing in this subsection or in any other provision of this Act shall compel or be deemed to compel the Under Secretary to issue any license under this section.

(g) A holder of a license issued pursuant to this section shall not determine the sex of a day-old chicken otherwise than in accordance with the method or, as the case may be, a method stated or deemed to be stated on that license.

(17)

(2) Further powers of Minister as to licenses.. The Minister may at any time cancel any license granted under and pursuant to subsection one of this section, or may direct the holder thereof to present himself for re-examination at a time and place to be appointed by the Minister.

The license of any person licensed under subsection one of this section who fails to present himself at the appointed time and place for, or having so presented himself fails to pass, such re-examination shall be and be deemed to be cancelled.

Where a license is cancelled under this subsection the holder thereof shall no longer be or be deemed to be licensed under and pursuant to subsection one of this section. It shall be immaterial that the holder concerned has not delivered up his license to the Under Secretary.

(3) Duration of licence. Every licence, first class, granted under subsection one of this section shall unless sooner cancelled remain in force for one calendar year from the date of the granting thereof, but may from time to time be renewed for a like period upon application for such renewal before the expiration thereof.

Every provisional license granted under subsection (1) of this section shall unless sooner cancelled remain in force for one calendar year from the date of the granting thereof and, in the discretion of the Husbandry Officer in Charge, Poultry Section, Department of Primary Industries, may be renewed for a further period of one calendar year, but no longer, upon application for such renewal before the expiration thereof.

(4) Proof of licenses. A certificate by the Under Secretary that any person named in such certificate is licensed under subsection one of this section shall in the absence of proof to the contrary be sufficient evidence that such person is so licensed; and a certificate by the Under Secretary that any person named in such certificate is not so licensed or that the license of such person has been cancelled shall in the absence of proof to the contrary be sufficient evidence that such person is not so licensed or, as the case may be, that the license of such person has been cancelled.

Any certificate purporting to be a certificate by the Under Secretary as aforesaid shall be admissible in all proceedings whatsoever, and every court, judge, . and justice shall take judicial notice of the signature of the Under Secretary thereto.

Amended by Act of 1965, No. 54, s. 13; Act of 1973, No. 32, s. 44; Act of 1975, No. 68; s. 14.

Section 14 (2) of Act of 1975, No. 68 reads as follows:-

(2) A license, second class, granted prior to and subsisting at the date of commencment of this Act shall be deemed to be a provisional license issued under the Principal Act and subject in all respects to its own terms and the provisions of the Principal Act and the date of issue or granting of such a provisional license shall be deemed to be the date of commencement of this Act.

19. Licensee to keep prescribed books and records. (1) Every person licensed under this Act as a person qualified to determine the sex of day-old chickens shall keep such books and records as may be prescribed.

(2) Every such licensee upon demand by the Husbandry Officer in Charge, Poultry Section, Department of Primary Industries, or any person authorised in that behalf by the Minister, shall produce for his inspection such prescribed books and records or any of them and shall answer all questions put to him concerning his business as such licensee.

(18)

POULTRY INDUSTRY ACT 1946-1979 ss. 20-22 17 The said Husbandry Officer in Charge or such authorised person may, without fee or reward, take such notes, copies or extracts of or from such books and records or any of them as he may deem necessary.

This section shall apply and extend to any person who has the custody or possession of any prescribed book or record relating to the business of any such licensee.

As amended by Act of 1973, No. 32, s. 45; Act of 1975, No. 68, s. 15.

20. When a licensee to produce his license for inspection. Every person licensed under this Act as a person qualified to determine the sex of day-old chickens shall upon demand made by an inspector or by any person who proposes to engage- or has engaged his services, produce to such inspector or person his license.

The failure by any such licensee to produce such license upon any such demand as aforesaid shall render such licensee liable to a penalty not exceeding one hundred dollars.

21. When licensee to deliver up his license. When the license of a person licensed under this Act as a person qualified to determine the sex of day-old chickens is cancelled the Under Secretary shall forthwith serve upon such person a notice in writing requiring him to deliver· up his license to the Under Secretary.

Such notice may be served upon such person by delivering same to him in person or by a prepaid post letter addressed to him at his last known place of abode or business.

The failure by a licensee whose license has been cancelled to deliver up his license to the Under Secretary within seven days after the service upon him of a notice as aforesaid shall render such licensee liable to a penalty of not more than forty dollars.

22. Marking of cockerel day-old chickens. (1) Every person licensed under this Act as a person qualified to determine the sex of day-old chickens shall mark in the prescribed manner and with the prescribed stain all day-old chickens the sex of which is determined by him to be male.

(2) No person shall (and whether as principal or agent) sell, or attempt to sell, or offer for sale, or have in possession for sale any day-old chickens, other than cockerel day-old chickens the sex of which has been determined to be male by a person licensed under this Act as a person qualified to determine the sex of day-old chickens, which have been marked with a stain prescribed for the marking of cockerel day-old chickens the sex of which has been determined to be male by a person ·licensed under this Act as a person qualified to determine the sex of day-old chickens.

54506-C

(19)

(3) No person shall (and whether as principal or agent) sell, or attempt to sell, or offer for sale, or have in possession for sale day-old chickens the sex of which has been determined to be male by a person licensed under this Act as a person qualified to determine the sex of day-old chickens unless all such chickens are marked with the prescribed

stain. '

(4) Where some only of a lot of day-old chickens are marked with a stain prescribed for marking day-old chickens the sex of which has been determined by a person licensed under this Act as a person qualified to determine the sex of day-old chickens then, and in every such case, any person who (and whether as principal or agent) sells, or attempts to sell, or offers for sale, or has in his possession for sale such lot of chickens shall securely fasten or attach to the container holding such chickens a label or other notice clearly and legibly indicating that all such chickens marked with such stain are cockerels.

(5) No person shall (and whether as principal or agent) sell, or attempt to sell, or offer for sale, or have in possession for sale any day-old chickens which have been marked with any stain whatsoever by a person other than a person licensed under this Act as a person qualified to determine the sex of day-old chickens; and no person so licensed shall mark with any stain whatsoever any day-old chickens other than day-old chickens the sex of which has been determined by him to be male, or marked with a stain other than the approved stain any day-old chickens the sex of which has been determined by him to be male.

(6) Any person who contravenes or fails to comply with any provision of this section shall be guilty of an offence and liable to a

p~nalty of not more than one hundred dollars.

23. When offence to determine sex of day-old chickens. Any person, other than a person licensed under this Act as a person qualified to determine the sex of day-old chickens, who-

( a) For or in expectation of any fee, gain, or reward, and either alone or in connection with any other business, and either generally or in respect of any one transaction, determines or purports to determine or gives an opinion upon, or advertises or notifies that he will determine, or attempt to determine, or give an opinion upon the sex of day-old chickens; or (b) Whether for or in expecation of any fee, gain, or reward,

or not, and either generally or in respect of any one transaction, determines, or purports to determine, or gives an opinion upon the sex of day-old chickens (and whether the property of himself or of any other person) which are for sale, or intended for sale, or had in possession for sale;

or

(c) Falsely represents himself (and whether verbally, or in writing, or by conduct, or in any other manner whatsoever) to be licensed under this Act as a person qualified to determine the

(20)

POULTRY INDUSTRY ACT 1946-1979 ss. 24,25 19

sex of day-old chickens, or to be the person named in a license issued under this Act to a person qualified to determine the sex of day-old chickens,

shall be guilty of an offence and liable to a penalty of not more than one hundred dollars.

Any inspector or member of the Police Force may seize any license issued under this Act to a person qualified to determine the sex of day-old chickens which is found by him in the possession of any person other than the person named in such license.

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

24. When offence to offer for sale, etc., as cockerels or pullets day-old chickens. Any person who (and whether as principal or agent) sells, or attempts to sell, or offers for sale, or has in his possession for sale, or advertises or notifies that he has for sale, or has in his possession for sale male or female day-old chickens shall, unless the sex of such day-old chickens has been determined to be male or, as the case may be, female by a person licensed under this Act as qualified to determine the sex of day- old chickens, be guilty of an offence and liable to a penalty of not more than one hundred dollars.

25. (1) Vendor to specify sex of day-old chickens. The seller (and whether as principal or agent) of any day-old chickens shall inform every purchaser thereof in writing whether-

(a) Such day-old chickens are of mixed sex, that is to say, that their sex has not been determined by a person licensed under this Act as a person qualified to determine the sex of day-old chickens; or

(b) Such day-old chickens are cockerels, that is to say, that their sex has been determined to be male by a person licensed under this Act as a person qualified to determine the sex of day-old chickens; or

(c) Such day-old chickens are pullets, that is to say, that their sex has been determined to be female by a person licensed under this Act as a person qualified to determine the sex of day-old chickens.

In the event of such seller informing in writing a prospective purchaser that the day~old chickens concerned are cockerels or pullets within th;:) meaning of paragraph (b) or paragraph (c) of this subsection, he shall, if required so to do by the purchaser, include, in writing, in such information the name of the person licensed under this Act as a person qualified to determine the sex of day-old chickens who determined the sex thereof.

It shall be sufficient compliance with the requirements of this subsection, for such seller to give to the purchaser an account-sales, receipt or other document relating to the sale endorsed with the words and particulars prescribed by subsection two of this section.

(21)

20 s. 25 POULTRY INDUSTRY ACT 1946-1979

(2) Account-sales, etc., to be endorsed with sex of day-old chickens.

The seller (and whether as principal or agent) of any day-old chickens shall, upon every account-sales, receipt, or other document relating to such sale issued by him to the purchaser thereof, endorse the following words and particulars, that is to say-

(a) Where such day-old chickens are of mixed sex within the meaning of paragraph (a) of subsection one of this section, the words " day-old chickens "; or

(b) Where such day-old chickens are cockerels within the meaning of paragraph (b) of subsection one of this section, the words

" cockerel day-old chickens " and the name of the person licensed under this Act as a person . qualified to determine the sex of day-old chickens who has determined that such chickens are cockerels; or

(c) Where such day-old chickens are pullets within the meaning of paragraph (c) of subsection one of this section, the words

" pullet day-old chickens " and the name of the person licensed under this Act as a person qualified to determine the sex of day-old chickens who has determined that such chickens are pullets.

(3) Warranty. Information in writing given under and pursuant to subsection one of this section, or words endorsed upon an account-sales or receipt, or other document relating to a sale of day-old chickens under and pursuant to subsection two of this section shall according to the nature of such information or endorsement be and be deemed to be a warranty by the seller (and whether as principal or agent) to the prospective purshaser or purchaser that the day-old chickens in respect of which such information is given or endorsement made are of mixed sex, or contain not less than 97 per centum of cockerels, or contain not less than 97 per centum of pullets within the meaning, respectively, of paragraph (a) or paragraph (b) or paragraph (c) of subsection one of this section, and that the person named as having determined any day-old chickens to be cockerels or pullets is a person licensed under this Act as qualified to determine the sex of day-old chickens, and has in fact determined the sex of such day-old chickens to be male or, as the case may be, female.

(4) Offences by vendor of day-old chickens. Any seller (and whether as principal or agent) of day-old chickens who-

(a) Fails to give to a prospective purchaser thereof the information or, if so required by such prospective purchaser, the statement in writing prescribed by subsection one of this section, or gives to such prospective purchaser any information or statement in writing prescribed by the said subsection which is false in: a material particular; or

(b) Issues to the purchaser thereof an account-sales, receipt, or . other document relating to a sale of day-old chickens which does not contain the endorsement prescribed by subsection two of this section, or issues to such purchaser an account-sales,

(22)

POULTRY INDUSTRY ACT 1946-1979 ss. 26,27 21 receipt, or other document relating to a sale of day-old chickens containing any endorsement prescribed by the said subsection which is false in a material particular; or

(c) Where a number of chickens sold by him includes one or more chickens marked with a stain (whether or not so marked in the prescribed manner and/ or with the prescribed stain) fails to inform the purchaser in writing signed by him that the chicken or chickens so marked is or are a cockerel or cockerels-

shall be guilty of an offence and shall be liable to a penalty of not more than one hundred dollars:

Provided that nothing in this subsection shall prejudice any civil right or remedy which any person may have against such seller:

Provided further, that it shall not be a defence to a charge of an offence against this section to prove that the sale of the day-old chickens the subject matter of such charge was not completed or was rescinded.

PART V-DISEASES IN POULTRY

26. Quarantfue. An inspector, on being satisfied that any holding is or is suspected to be infected with any disease, may place it in quarantine by giving written notice to the occupier or, if there is no occupier, the owner either personally or by registered letter.

Such notice may define the holding in question in any manner sufficient to identify such holding and it shall not be necessary to define the boundaries of such holding in such notice.

Such quarantine shall continue until such area has been released by the Minister or by an officer to whom the Minister (who is hereby thereunto authorized) has by writing delegated such power either generally or in respect of the area in question.

The occupier or, if there is no occupier, the owner of a quarantined holding shall not permit any animal infected with any disease or any poultry to be removed from such holding unless such removal is authorized by an inspector.

27. Poultry, etc., may be destroyed in certain cases. The Minister may order the destruction of any infected poultry, or of any fittings, or the treatment of any fittings, whenever in his opinion such destruction or treatment would tend to prevent the spread of disease.

All poultry or fittings ordered to be destroyed· or fittings ordered to be treated shall be destroyed or treated in such manner as the Minister directs in his order for the destruction or treatment thereof, or failing such direction, in such manner as the inspector executing such order directs.

(23)

22 ss. 28,29 POULTRY INDUSTRY ACT 1946-1979

28. (1) Notifiable disease. The Governor in Council may at any time and from time to time declare by Order in Council published in the Gazette that any disease is a notifiable disease under and for the purposes of this Act.

(2) Owner to give notice of disease. Every owner, when any notifiable disease appears among his poultry, shall before the expiration of one week after the appearance of sl.lch disease give notice thereof to the nearest inspector or to the Under Secretary, Department of Primary Industries.

He shall also forthwith, as far as practicable, separate and continue to keep separate all such diseased poultry from poultry not affected with disease.

· As amended by Act of 1973, No. 32, s. 46.

29. Powers of inspectors. An inspector may at any time-

(a) enter with such vehicles, plant, instruments, and other equipment as he deems necessary or convenient upon any place, holding, ship, vessel, vehicle, or aircraft in order to inspect and examine any equipment, poultry, eggs or egg products which is or are, or which he reasonably suspects is or are, therein;

(b) inspect and examine any equipment, poultry, eggs or egg products found by him therein and take and retain such number of samples from or of them for testing as he sees fit;

(ba) take such number of samples as he sees fit of any other matter or thing therein and retain the samples for testing;

(c) conduct therein or at any other place or partly therein or partly at another place, any examination for the testing of diseased poultry which examination may include blood testing or the collection of blood samples for testing;

(d) stop, inspect and examine any vehicle which he has reason to believe is conveying any poultry, eggs or egg products, and inspect and examine all appliances therein, and inspect and examine any poultry, eggs or egg products found in that vehicle;

(e) call to his aid-

(i) any member of the Police Force where he has reasonable cause to apprehend any obstruction in the exercise of his powers or in the execution of his duties;

(ii) any person he may think competent to assist him in such inspection and examination;

(f) question with respect to matters under this Act any person;

and require any person to answer the questions put and to sign a declaration of the truth of his answers;

(g) require the production of any document required by this Act to be held or kept by any person, and make such copies thereof or extracts therefrom as he sees fit.

Substituted by Act of 1965, No. 54, s. 15, as amended by Act of 1975, No. 68, s. 18.

(24)

POULTRY INDUSTRY ACT 1946-1979 ss. 30-32 23 30. Offence to sell, etc., diseased poultry. Any person who (and whether as principal or agent) sells, or attempts to sell, or has in his possession for sale, or forwards or delivers for sale any poultry infected with any disease of poultry prescribed in or under section 17 of the Stock Act 1914-1973 shall be guilty of an offence and liable to a penalty of not more than one hundred dollars.

As amended by Act of 1965, No. 28, s. 5 (1), First Schedule; Act of 1965, No.

54, s. 16; Act of 1973, No. 32, s. 47.

31. Appeal from order of inspector. Save as is otherwise provided in this Act, any person who considers himself aggrieved by an order of an inspector may appeal to the Minister.

Substituted by Act of 1965, No. 54, s. 17.

32. Offences. (1) Every person who-

(a) Removes, or attempts to remove, or is in any way concerned in removing, poultry or any animal or fittings infected with and disease contrary to this Act or any order of an inspector;

(b) Refuses or neglects to give any prescribed notice;

(c) Assaults, resists, or obstructs an inspector or officer in the exercise of his powers or in the discharge of his duties under this Act or attempts so to do;

(d) Fails to comply with the lawful requisition or any part of the lawful requisition of an inspector or an officer;

(e) Fails to answer any question put to him in pursuance of this Act by an inspector or gives any false or misleading answer to any such question;

(f) Directly or indirectly prevents any person from appearing before or being questioned by an inspector, or attempts so to do;

(g) Uses any threat or any abusive or insulting language to any inspector or officer. or to an employee with respect to any inspection or examination or questioning;

(h) Is guilty of any breach of the regulations;

shall be liable to a penalty not exceeding two hundred dollars or at the discretion of the adjudicating court to be imprisoned for any term not exceeding six months.

No provision of this subsection or of section twenty-nine of this Act shall be construed so as-

(a) to oblige any person to answer any question or make any statement which answer or statement would or would tend to incriminate him; or

(b) to render any person liable to a penalty for failing to make such an answer or statement.