The first amendment, which is in the name of Senator Sir John Keane, reads as follows:—" Section 2, line 49, to delete all from the word ‘ but ' to the word ‘ butter.'"
SECTION 2.
In this Act—
the expression " the Minister " means the Minister for Lands and Agriculture;
the word " butter " means the substance usually known as butter, made exclusively from milk or cream, or both, with or without salt or other preservative, and with or without the addition of colouring matter;
the expression " creamery business " means the business of manufacturing butter from cream which has been separated by means of centrifugal force mechanically applied from the commingled milk supplies of a number of cow-keepers;
the expression " creamery butter " means butter which has been manufactured in premises registered in the register of creameries and has not been subsequently blended or reworked;
the expression " cream-separating business " means the business of separating cream by means of centrifugal force mechanically applied from the commingled milk supplies of a number of cow-keepers;
the expression " mechanically applied " means applied by machinery driven by any motive power other than human or animal power;
the expression " butter factory " means premises on which by way of trade butter is blended, re-worked, or subjected to any other treatment, but not so as to cease to be butter;
the expression " butter factory business " means the business of blending and re-working butter or subjecting butter to any other treatment but not such as would cause it to cease to be butter;
the expression " register kept in pursuance of this Act " means a register which the Minister keeps or causes to be kept pursuant to this Act and does not include a register kept pursuant to this Act and does not include a register kept by a registered proprietor;
the word " manufacture " when used in relation to the manufacture of butter on premises registered in the register of butter factories includes the blending or the re-working of butter or both such blending and re-working;
the word " inspector " includes any person authorised (either generally or for a special purpose) by the Minister to exercise all or any of the powers and perform all or any of the duties conferred and imposed on an inspector by this Act;
the expression " dairy produce " includes any article of human food made wholly or mainly from milk or the products or bye-products of milk;
the word " package " includes any box, case, kiel, keg, firkin, or other receptacle containing or capable of containing butter for transport, and, where the context so requires, includes the contents of such receptacle;
the word " wrapper " includes any paper, folder, carton or case used for packing or wrapping a piece of butter;
the word " prescribed " means prescribed by regulations made under this Act.
Not really understanding what that meant, I thought it would be better without those words.
That was a definition taken from the Butter and Margarine Act of 1907.
I am quite agreeable to withdraw that amendment. The next amendment, which reads:—" To delete all from the word ‘ but ' in line 52, to the word ‘ butter ' in line 53," is just the same, and I withdraw that also.
Amendments, by leave, withdrawn.
The next amendment, which is also in the name of Senator Sir John Keane, reads as follows:—
Section 2 (a) To delete the word " authorised " in line 9 and to substitute therefor the words " bearing a written authorisation."
(b) to delete in line 10 the word " by " and to substitute therefor the word " from."
It is necessary, in my opinion, that Inspectors should bear some written authorisation. It should not be possible that anyone could walk in and say: " I am an Inspector." If challenged, an inspector should be able to show some credentials.
I think the suggestion may be useful. A man might go into a creamery and demand the right to inspect, and he might have no credentials at all.
I take it that the point is that the Inspector must not only be authorised, but that he must have his authorisation with him?
It is merely to show that he is genuine, and I really think he should have some proofs.
If it will meet with your approval. I will get the draughtsman to attend to that matter, and I will bring it forward on the Report Stage in a manner that I think you will agree with.
I am quite satisfied.
Amendment, by leave, withdrawn.
The next amendment in the name of Senator Sir John Keane is as follows:—
Section 2. Immediately after line 21 to insert a new sub-paragraph as follows:
" the words ‘ margarine factory ' means a factory where an article known as margarine is made from oil, butter, edible fats or other substances."
Margarine is referred to in the Bill, and I think that anything that is referred to ought to be defined.
In what section is it referred to in the Bill?
You will come across it later on; it is Section 41, page 26, line 30. Butter factory is defined, and I think margarine factories should also be defined.
Margarine factory is also defined in the Butter and Margarine Act. It is defined in Section 13. Sub-section 1, of the Butter and Margarine Act. I suggest it would be well to follow the definition in the Statute.
I am not confined to any special words.
Margarine is defined in the Act of 1907.
We ought to have a better definition for ourselves.
This definition as it is might include a biscuit factory.
The definition I have given is purely out of my own head.
I agree with Senator Sir John Keane that in view of the fact that margarine factory is used, it should be defined, particularly when we define all the rest. The definition that is suggested might include a biscuit factory, a toffee factory, or other kind of factory.
It looks as if it might.
It might include other factories by reason of the wording. It is really more a matter of form and drafting.
Symmetry.
Suppose we defined butter as the substance usually known as butter, and margarine as the substance usually known as margarine?
If you define margarine factory you incidentally find margarine.
For the purpose of the Sale of Food and Drugs Act, margarine usually means any article of food, whether mixed with butter or not, which resembles butter and is not milk-blended butter. That would put out the biscuit and toffee factory. Margarine factory would be a factory in which margarine is made.
I suggest that we should adopt those words.
Suppose we do not define it now, but refer the draughtsman to Section 13, sub-section 1, of the Butter and Margarine Act, 1907?
If the Committee wishes, this can be postponed. I will have it dealt with in the meantime, and it can come up on Report.
Before we leave the section dealing with definitions, there is one portion to which I desire to refer. " The expression ‘ dairy produce ' includes any article of human food made wholly or mainly from milk or the products or bye-products of milk." I would like to know if that includes milk itself.
No.
It says. " wholly or mainly from milk."
Butter is wholly made from milk or cream.
But " dairy produce " is the expression.
It does not include milk.
Would it include cream that merely gathered itself, or must it be separated by centrifugal force?
It would, butt afterwards it is limited in connection with each particular section of the Bill.
Amendment No. 4 will accordingly stand over until the Report Stage, the Minister undertaking to deal with it.
The Committee agreed.
Before we leave Section 2, would the Committee consent to an amendment in line 14, page 4? " The expression dairy produce includes any article of human food made wholly or mainly from milk or bye-products of milk." That is the definition as it stands. I would ask the Committee to insert after the word " or " the word " from," so that it will read " or from the products or bye-products of milk."
The Committee agreed.