TIlE STOCK ACTS, 1915 to 1965 - media. · PDF fileTIlE STOCK ACTS, 1915 to 1965 Stock Act of...

TIlE STOCK ACTS, 1915 to 1965

Stock Act of 1915, 6 Goo. 5 No. 16

Amended by Diseases in Stock Act Amendment Act of 1930, 21 Geo. 5 No. 35

537

Diseases in Stock and Brands Acts Amendment Act of 1931, 22 Goo. 5 No. 34

Statistics Act of 1935, 26 Goo. 5 No.9

Diseases in Stock Acts Amendment Act of 1936, 1 Edw. 8 No. 12

Diseases in Stock Acts and Other Acts Amendment Act of 1940, 4 Geo. 6 No. 11

Brands Acts and Diseases in Stock Acts Amendment Act of 1941, 5 Geo. 6 No. 18

Diseases in Stock Acts and Another Act Amendment Act of 1944, 9 Goo. 6 No. 6

Diseases in Stock Acts Amendment Act of 1946, 11 Geo. 6 No. 10


Diseases in Stock Acts Amendment Act of 1948 (No.2), 13 Geo. 6 No. 1



Diseases in Stock Acts Amendment Act of 1952, 1 Eliz. 2 No. 39

Stock Acts Amendment Act of 1953, 2 Eliz. 2 No. 17





Stock Acts Amendment Act of 1965, No. 40

Decimal Currency Act of 1965, No. 61, s. 11, Second Schedule

An Act to Consolidate and Amend the Law relating to Diseases in Stock

[Assented to 13 December 1915] 1. Short title and commencement of Act. This Act may be cited as "The Stock Act of 1915," and shall come into operation on the first day of March, one thousand nine hundred and sixteen.

Short title and s. 1 amended by Act of 1953, 2 Eliz. 2 No. 17, s. 2. Collective title conferred by Act of 1965, No. 40, s. 1 (3).

538 STOCK Vol. 16

2. Repeal. Sched. I. The Acts mentioned in the First Schedule to this Act are repealed to the extent therein indicated:

Provided that, without limiting the operation of "The Acts Shortening Acts," all proclamations, orders, and notifications published and made, all indemnities declared, all appointments made, all regulations and forms promulgated, all districts constituted, and all things lawfully done under the said repealed Acts and in force or subsisting at the commencement of this Act, shall continue in full force and effect, and shall, so far as is consistent with this Act, be deemed to have been published, made, declared, promulgated, constituted, and done under and for the purposes of this Act.

Act referred to: Acts Shortening Acts; see now Acts Interpretation Acts, 1954 to 1962,

title ACTS OF PARLIAMENT, Vol. 1, p. 82.

2A. Construction of Act. This Act shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof would but for this section have been construed as being in excess of that power it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power.

Inserted by Act of 1950, 14 Geo. 6 No. 13, s. 2. ,Irl/'N ,)1';: I) fi /7!

3. Interpretation. 31~ No. 35, s. 2. -60 ViI. No.1, s. 3. In this Act, unless the context otherwise indicates, the following terms have the

. meanings set agaigst .!b~ respectively, that is to say:-5")/7 J A<<")'~')·/f''l f fi " . h' A / "Actual owner -A person who, apart rom de mtlOn ill t IS ct

as such, would be, in law, owner of the stock or other thing )·i'S A ",iNI'?5\?z..stion; /1,v/I""J/r· .... I')/~~)VL-r- Cy/")'i' )7/77" / "Approved Veterinary Surgeon"-A veterinary surgeon appoiited

/" / ~,{,..,,-;"by the Minister .by notice published in the Gazette to be an ;"(Jt//I,~,,)~r Approved VeJennarv Surgeon~. t%<L J~

If" / , n,<>I....>~,&A-_ /-1'7/'/'.~/ll't--r''''r 0 . c. "Carcass"-The carcass or part 0 the arcass of an ammal

~\ V 1Hrl\. ,." rt; .. ' whether in an uncooked, partly cooked, or cooked state: the I 1.,( {;'" Kllv) {/.;- term includes meat, bone, hi~e, skin, wool, hoof, horn, V· ,(,,11,,('",1 l I 7 offal, or any other part of an ammal; t;.~ I "Cattle" includes bulls, cows, oxen, heifers, steers, and calves;

"Chief Inspector"-The Chief Inspector of Stock appointed under this Act;

"Clerk of Petty ~BssioBS" Ths Clerk gf Fetty Ses!)ions or the person discharging the duties of the Cler sions at a place appointed ustices Acts, 1886 to

" Jj7(

"Convey"-The term and derivatives of the term when used with respect to any stock or carcass mean to carry or transport t, '1/7/ t in or -ygon a. vehicle, trairf,'l ... vessel, a~[OphIHB, or sBapla~e; ~

" ~ if C L A-, 7';'(1 /1/ ?/D:J I . "estmatioii -Any S'aleyard, railway trucking yard or platform,

. slaughter-house, abattoir, or place for final delivery or acceptance of stock;

"Destroy"-To consume by fire, bury under the ground, boil down, kill, or otherwise destroy to the satisfaction of an inspector;

STOCK ACTS, 1915 TO 1965 !is. 2-3 539

"Dip"-When used as a noun the term includes .any vat,. b~th, or apparatus whatsoever used in connection wIth the dIpplllg of stock;

"Dipped" (used in relation to ticks) -P~unged and. wholly immersed in some effective tick-destroymg preparatIOn; and the word "Dip" has the correlative meaning;

"Disease"-Any of the following diseases:-abscess; eperythrozoonosis; actinobacillosis; ephemeral fever; actinomycosis; epididymitis; African horse sickness; epithelioma or cancer of African swine fever; eye; anaplasmosis; epizootic lymphangitis; anthrax; equine encephalomyelitis; arthritis; equine rhinopneumonitis; aspergillosis; equine viral arteritis; Aujesky's disease; erysipelas; avian encephalomyelitis eye worm (Oxyspirura

(epidemic tremor); mansoni) ; avian pneumoencephalitis facial eczema;

(Newcastle disease); fascioliasis; avian monocytosis (blue- favus;

comb); filariasis; avian mycoplasmosis foot and mouth disease;

(chronic respiratory fowl cholera; disease) ; fow I plague (fowl pest);

babesiosis; fowl pox; blackleg; fowl typhoid; bluetongue (catarrhal fever gapes (Syngamus trachea);

of sheep); glanders; botulism; Glasser's disease; brucellosis; haemonchosis; buffalo fly (Siplwna heatstroke;

exigua); hepatitis; cancer; hexamitiasis; caseous lymphadenitis; hydatid (Echinococcus cattle tick (Boophilus granulosis);

m icrop Ius ) ; infectious bronchitis coccidiosis; (fowls) ; contagious ecthyma infectious equine anaemia;

(scabby mouth); infectious laryngotracheitis; contagious mastitis; infectious rhinitis; contagious pleuro- infectious rhinotracheitis;

pneumonia (bovine); influenza; coryza (fowls); lohne's disease; cowpox; leptospirosis; cysticercosis; leucosis; distemper; lice infestation; dourine; listeriosis; encephalitis; lumpy skin disease; enteritis (ducks); lung worm infestation; enterohepatitis (black- malignant catarrh;

head); malignant oedema;

540 srOCK Vol. 16

melioidosis; sinusitis (turkeys); mite infestation; sparganosis; mucosal disease; spirochaetosis; mycosis; stickfast flea (Echidno-myiasis; phaga gallinacea); oedema disease (swine); strangles; ophthalmia; surra; oesophagostomiasis; swine dysentery; omphalitis; swine fever; papilloma; taeniasis; paramphistomiasis; Talfan disease (swine); pasteurellosis; Teschen disease (swine); piroplasmosis; tetanus; poultry tick (Argas toxaemic jaundice;

persicus); toxoplasmosis; pregnancy toxaemia trichinosis;

(sheep) ; trichomoniasis (bovine); psittacosis (ornithosis); trichostrongylosis; pullorum disease; tuberculosis; pustular vaginitis (bovine); tularaemia; rabies; tumours; Rift Valley fever; turkey pox; rinderpest; variola; salmonellosis; vent gleet; scrapie; vesicular exanthema; screw worm infestation; vesicular stomatitis; septicaemia; vibriosis; sheep ked (Melophagus virus abortion;

ovinus) ; virus pneumonia; sheep pox; warble fly infestation; sheep scab; Wesselbron disease,

and any other disease which the Governor in Council, by Order in Council published in the Gazette, declares to be a disease under and for the purposes of this Act;

"Diseased stock"-Stock actually suffering from or affected with disease;

"District"-A district constituted under this Act;

"Drive"-The term and derivatives of the term when used with respect to stock mean causing or suffering to travel on the hoof but not conveying;

"Drover"-The person in charge of travelling stock;

"Fittings"-Any stall, stable, sheep-pen, cow or cattle house, horse-box, or other structure for keeping or confining stock, and any halters, brushes, clothes, buckets, or other articles or things whatsoever which have been brought into contact with stock; /)/r</.",l/7;) ,,v,;-'.ft.{ f i'cK{ 1.Y/)~

"Fodder"-Any Vay, straw, grass, green crop, root, vegetable, grain, _<;9~n(liiter, manure, or any other thing used for the

or fadIte'i'o'r 1ftter of stock or found with or about stock; fr)rf/~ >+rU "l ~.J I ) 4J

"El.lQa" T:H~~tock $HBa establisB881iBder tbis Aet; --, {Yj/ 1 ~

O't-V!:'/?N I,,} ,.,,:~ v,~ //,c·/v!./ tl/ c:y/-, ··u ft

STOCK ACfS, 1915 TO 1965 8.3 541

"Holding"-Any run, station, farm, freehold or leasehold, or place where stock are kept or pastured;

"Horses" includes horses, mares, geldings, colts, fillies, asses, and mules;

"Infected"-Infected with disease;

"Infeetee are.a"-A~&::~~~:t=;~~~~;=:~:~r ¥ It ~/ Council has, by Order in , ec ared to be infected --;)/# I" with disease p ace which has been subjected to an ' /l/7 J me y an mspec or; ?,/?')f':'~ ~ T/'n=- dIU" f / "Infected stock"-Diseased stock or s~ w?ictrin"tbl~pinidn' 'y

, of an inspector, have been iQ. BiNet aT ifleiireet SQll1act with disease or the cause of disease within the last preceding three months;

"Inoculate"-The injection or insertion into the tissues of stock of a biological preparation for the purpose of protecting such stock against disease or of testing such stock for disease: the term includes vaccination;

"Inspector"-An inspector appointed under this Act: the term includes the Chief Inspector an acting inspector and an honorary inspector;

"Introduced stock"-Stock introduced into this State from another State or territory of the Commonwealth, and all such stock for

/.. . three months after th~are so introduced; ,t-I]C/l ,'\c r 1', ',:;I t.. } r

"Legibly brandep '-Bra d in a manner decipherable without scientific means at a distance of not less than thirty feet;

"Local Authority"-A Local Authority constituted under "The Local Government Acts, 1936 to 1951": The term includes Brisbane City Council constituted under "The City of Brisbane Acts, 1924 to 1951," and the corporation of The Commissioner of Irrigation and Water Supply constituted under "The Irrigation and Water Supply Commission Acts, 1946 to 1949," or any other corporation constituted under any other Act where pursuant to any Act, the corporation of The Commissioner of Irrigation and Water Supply or other corporation is a Local Authority;

"Local Authority Area"-The area in which, for the purposes of exercising its powers, functions, and authorities and performing its duties, any Local Authority has jurisdiction, including any land under the control of the Local Authority outside the boundaries of that area;

"Market value of stock"-Their value calculated as upon a sale with delivery on the holding where such stock are when ordered to be destroyed;

emg charged with the

~~~~~ holding"-Any holding contiguous to, and any

holding distant not more than forty miles by land from, the holding on which stock are ordinarily depastured;

542 STOCK Vol. 16

"Notifiable disease"-Any of the following diseases:-actinomycosis; lohne's disease; African horse sickness; lice infestation (sheep); African swine fever; lumpy skin disease; anthrax; melioidosis; Aujesky's disease; mucosal disease; avian pneumoencephalitis psittacosis (ornithosis);

(Newcastle disease); pullorum disease; babesiosis; rabies; bluetongue (catarrhal fever Rift Valley fever;

of sheep); rinderpest; cattle tick (Boophilus scrapie;

microplus) ; screw worm infestation; contagious pleuro- sheep pox; ~]

p~eumonia (bovine); sheep scab; t) dounne; surra; ~/, /)!)/. epithelioma or cancer of swine feves. ' J; l}/>-, v( ;.¥,;..

the eye; trichomoniasis (bovine), equine encephalomyelitis; tuberculosis; equine rhinopneumonitis; tularaemia; equine viral arteritis; vesicular exanthema; foot and mouth disease; vesicular stomatitis; fowl plague (fowl pest); warble fly infestation; glanders; Wesselbron disease, infectious laryngotracheitis;

and any other disease which the Governor in Council, by Order in Council published in the Ga:rette, declares to be a notifiable disease under and for the purposes of this Act;

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

"Owner"-The owner, lessee, licensee, or occupier, whether jointly or severally, or Local Authority having charge or control of

Y} any holding or stock, or the authorised agent of or the

7 i 7. superintendent or manager for the owner, or the drover of stock; - - vel';,,,,... 7)1)';;')

"Police officer" and "Officer of police"-Any member of the Police Force of QUeenSland;~ .>; )1 I'II{:'H -'1 ,./;

"Poultry"-Fowls, ducks, geese, turkeys, inea (owls, ... and pigeons, and the young thereof, and an 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;

"Premises"-Includes any land or saleyard and any house or other building or structure whatsoever or wheresoever situated and its curtilage;

rr( "Pr;;cr~~;';::l5'scib~:tlItt~is Act; (.'1 /1< . I "~gufa!i-ons"-.R::ulations ryade under~is Act;

¥.J , ,7" '--''-~ )~if/Y '..,i "Road"-Any proclaimed road or any ad or way dedicated to

the public or which has been ordinarily used for three years at least by the public;

STOCK ACfS, 1915 TO 1965 11.3 543

"Saleyard"-Any yard, premises, or place where stock are sold or offered or exposed for sale, or where stock are held or kept for the purpose of being sold or offered or exposed for sale or where stock are kept or held on sale;

"Sheep"-Any ram, ewe, wether, or lamb; "Sprayed" (used in relation to ticks)-The whole of the hair and

skin of the animal thoroughly saturated by means of a spray <-- with some effective preparation approved by the inspector; j t /) / ~//+~~/! ,I-- and the word "Spray" has the correlative meaning; ....... /'

- i"k;t-' <;/f-TT IT /....-v'''''''/ '?la:>,"'-;:; "Stock" includes horses, cattle, sheep, swine, camels,' ano goats, / . I 1,./?} and any other animals :Mt8 bnds whatsoever which the

/ Governor in Council, by Order in Council, from time to time declares to be stock for the purposes of this Act;

"Stock route"-Any road declared by the Governor in Council, by Order in Council, to be a stock route under this Act;

J ;,,/7 J . "Suspected" -Suspected of being infected; ;.!A_ &- "Swine"-Any boar, barrow, sow, or pig of any age or breed; / 4~ ~sted"-Tested in the prescribed manner or by a prescribed

method: the term "test" shall have a corresponding meaning; "This Act"-This Act and all regulations and Orders in Council

made thereunder; 'wye11ing stQoQk"==Stock wlulst being travelled, driven, or carried

Qy land, air, or water ota@f than in the holdIng where they are ordinarjly depastHreti,

"Travelling Stock" The term also includes stock delivered La a =-'saleyar:s, aHe. shaH apply to such stock III respect to the perIIIit

and wJlYbjJI issued relative to SlJQa ffi8VelHeft~Htil the steek :;are rem9';eti from such sale~rdj . . ') t:->,/7 '7

"Treated" -Dipped, dresse~,plSbed, ~;p{afed, speffted, inoculated, vaccinated, disinfecteo/ or treated with any medicament, in any case as a cure for or preventive of disease;

( t./ I ) ~ "Vessel" -Any ship, steamer, lighter, _la~,;, boat, punt, fer;.!,-' ,-v~(:, '( 1/ boat, aeropillse, en seaplane. /«.f(~/.j, ~ I ~"i <:~s .......

Any reference in this Act to any other Act shall be taken to include a reference to any later Act amending or in substitution for that other Act.

As amended by Act of 1930, 21 Geo. 5 No. 35, s, 2; Act of 1940, 4 Geo. 6 No. 11, s. 4; Act of 1946, 11 Geo. 6 No. 10, s. 2; Act of 1948, 12 Geo. 6 No. 19, s. 2; Act of 1952, 1 Eliz. 2 No. 39, s. 4; Act of 1953, 2 Eliz. 2 No. 17, s. 3; Act of 1954, 3 Eliz. 2 No. 22, s. 2; Act of 1958, 7 Eliz. 2 No. 19, s. 2; Act of 1960, 9 Eliz. 2 No. 42, s. 2; Act of 1965, No. 40, s. 2.

In respect of definition "Stock":-Dogs were declared to be stock by Order in Council published Gazette

23 May, 1942, p. 1885. Poultry were declared to be stock by Order in Council published Gazette

16 October 1954, p. 839. Cats were declared to be stock by Order in Council published Gazette

2 February 1957, p. 347. Acts referred to:

Justices Acts, 1886 to 1968, title JUSTICES, Vol. 8, p. 105. Local Government Act 1936-1970, title LOCAL AUTHORITIES, Vol. 10,

p. 315. City of Brisbane Act 1924-1969, title BRISBANE, Vol. 3, p. 30. Irrigation and Water Supply Commission Acts, 1946 to 1949, title WATER

SUPPLY AND SEWERAGE.

544 STOCK Vol. 16

Clerk of Petty Sessions, now Clerk of Magistrates Court; and Court of Petty Sessions now Magistrates Court; see Justices Acts Amendment Act of 1964, No. 32, s. 2 (4), title JUSTICES, Vol. 8, p. 250.

"Carcass"-As to the Minister's power to order destruction of any carcass, see s. 14; as to payment of compensation to owner, s. 15; as to destruction of stray diseased stock by local authorities without compensation, s. 16. For the offence of leaving a carcass on a road or stock route, see s. 28 (l) (c). As to subject matter for regulations concerning carcasses, see Schedule II, clauses 3, 4, 5.

"Cattle"-For the condition implied on the sale of cattle, see s. 17.

"Chief Inspector"-The power to appoint a chief inspector of stock is contained in s. 4 (1).

"Destroy"-As to destruction of infected stock on the order of the Minister, see s. 14, and notes thereon; as to destruction of stray diseased stock by local authorities, s. 16.

"Dipped"-For scope of regulations concerning dips and dipping, see Schedule II, clauses 12, 13, 14. As to payment of fees for stock treated at a Government dip or station, see s. 26.

"Disease"-See notes on definitions of "carcass", and "cattle", supra. Buffalo fly (Lyperosia exigua, de Meijere) was declared a disease for purposes of this Act by Order in Council published Gazette 6 October, 1928.

"District"-As to constitution of districts, see s. 5; as to assignment thereof to inspectors, ibid.

"Drover"-See also definitions of "holding", "owner" and "travelling stock", supra.

"Fittings"-For scope of regulations hereon, see Schedule n, clauses 3, 4.

"Fodder"-For subject matter of regulations hereon, see Schedule II, clauses 3, 4.

"Fund"-See s. 6.

"Holding"-As to notice to be given by drover before entering a holding, see s. 21; as to power of inspector to enter a holding, s. 25; as to presumption of owner's knowledge of disease on holding or in stock, s. 30 (4).

"Horses"-As to destruction of brumbies, etc., see s. 16A.

"Infected area"-As to power to declare any part of Queensland an infected area, see s. 12 (1) paragraph (v). As to scope of regulations, see Schedule II, clauses 1,2,4, 6.

"Infected stock"-See "disease" and "stock" defined supra.

As to powers of Governor in Council, see s. 12. See also Schedule II, clauses 1, 2, 4, 6.

"Inspector"-For power to appoint inspectors, see s. 4.

"Introduced stock"-For provisions governing the admission of stock from an adjoining State, see ss. 9-10, and notes thereon.

"Local Authority"-Local Authorities Acts have been largely replaced by Local Government Act 1936-1970, title LOCAL AUTHORITIES, Vol. 10, p. 315. As to notice to local authority of intention to declare a stock route, see proviso to s. 12; as to local authority's discretion to destroy stray diseased stock, see s. 16.

"Owner"-As to assessment of stock-owners, see s. 7; as to compensation of owner for stock destroyed, s. 15. For formalities of permit to travel stock, see s. 18; as to liability of owner for fees in respect of stock treated at a Government dip or station, s. 26 (2); as to owner's rights in relation to "brumbies", s. 16A.

"Regulations"-The regulation-making power is given by s. 31. Regulations are included in the expression "this Act", defined supra.

For regulations, see Table of Contents, p. 476, allte.

"Road"-As to power to declare a road to be a stock route, see s. 12, paragraph (iv); as to the offence of leaving infected stock or carcass on a road, see s. 28 (1) (c); as to failing to close gates, s. 28 (l) (g).

"Sprayed"-This is included in the generic term "treated". See definition, supra.

STOCK ACTS, 1915 TO 1965 88.3,4 545

"Stock route"--See note in definition of "road", supra. "Suspected"-For power to prohibit or restrict introduction of suspected stock

from any other State of the Commonwealth, see s. 12 (1) paragraph (i). "Swine"-As to power of inspector to order swine to be kept in a sanitary

condition, see s. 24. "Tnis Act"-For Orders in Council, see Table of Contents, p. 475, all/e.

"Travelling Stock"-As to power to prohibit and restrict introduction of infected or suspected stock from other States, see s. 12; as to permit to travel stock. s. 18; as to waybill, ss. 19, 20; as to notice to the head station, etc., before entering a holding, s. 21; as to branding travelling sheep, s. 22; as to power of inspector to stop and detain travelling stock for examination, s. 25; as to offences in relation to travelling stock and sanctions, s. 28. For scope of regulations prescribing issue of permits to travel stock, see Schedule II, clause 19. See also Kellt v. McCormack (1907), 3 C.L.L.R. 18.

"Treated"-For power of inspector to order treatment of stock before removal from an infected area, see s. 26. As to scope of regulations, see Schedule II, clauses 12-14.

4. (1) Inspectors, etc. 31 Vic. No. 35, SSe 19, 23. 60 Vic. No.1, s. 4. The Governor in Council may from time to time appoint a Chief Inspector and such inspectors and acting inspectors as may be necessary for the effectual e~ecution of this Act,~ _

/"I ~ /;....'" I'" _/ ..., " '1 ne Governor fn Council ay appoint a person to be an inspector

(other than the Chief Inspector, an acting inspector or an honorary inspector) in respect of the stock specified in his appointment and, if he does so, such appointee shall be an inspector in respect of the stock so specified and may exercise or perform the powers, duties and functions of an inspector only with a view to carrying this Act into effect in relation to the stock so specified.

No inspector appointed pursuant to this subsection other than an acting inspector shall either directly or indirectly deal in stock, or act as the agent of an o;vneJ of or dealer in stock.

Penalty: ~l1undred dollars or imprisonment for six months. 7 y 7 r (2) 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 or persons as honorary inspectors under this Act; and any person so appointed shall, during the period of his inspectorship, have and exercise only such powers, functions and duties as may be prescribed from time to time.

(2A) Every member of the Police Force shall be ex officio an honorary inspector under this Act and shall have and exercise the Bowers, functions and duties of an honorary inspectoli<;rt. 1:/'-. oA I~<:r..:- 1 G.., {:

, (3) Appointment of Approved eterinary Surgeons.Ahe Miffister ,f I 6ch1)1"may enter into an agreement i riting with any veterinary surgeon (~ll

, / / registered as such under" . . , ," aQd who js qualified under paragraph (i) of mbsectiol'l (1) of section 6'igh~een of those Acts to be sa registered, upon the terms, provisions and conditions upon and subject to which such veterinary surgeon will carry out the powers, functions and duties of an Approved Veterinary Surgeon and may, from time to time, enter into a like agreement varying, renewing or extending such an agreement.

The Minister may appoint a veterinary surgeon with whom he has entered into such an agreement an Approved Veterinary Surgeon by notification published in the Gazette.

546 STOCK Vol. 16

Without prejudice to any right or remedy which the Minister may have against a party to such an agreement in respect of a breach thereof the Minister may, by notification published in the Gazette, terminate the appointment of an Approved Veterinary Surgeon if such veterinary surgeon contravenes or fails to comply with any term, provision or condition of his agreement with the Minister.

( 4) Agreements between the Minister and Approved Veterinary Surgeons. The Minister may (and shall be deemed always to have had power to) enter into an agreement in writing with an Approved Veterinary Surgeon upon the terms, provisions and conditions upon and subject to which such veterinary surgeon will provide veterinary services (either generally or of a particular type or types) for the producers of milk or

7' J cream defined in such agreement upon whose produce an assessment made

J y J > and levied under section, 7 A 8f'o 7~ of this Act subsists and may (and shall be deemed always to have had power to), from time to time, enter into a like agreement varying, renewing or extending such an agreement.

(5) For the pllrpGg~ sf deterl1lining tbe producers of milk or cream for whom veterinary services are to be provided pursuant to an agreem 't entered into under subsection (4) of this section such producers sh be deemed to include (subject always to the provisions of any such greement) a person who-

(a)-(i) where such agreement exists in respect of the s

or cream for use within a prescribed area or i suppliers of milk or cream for use within a has supplied milk or cream for use with' such prescribed area' or /

/ ')Y Jt. ~/(ii) whe:e such agreement exists in respecvbf the supply of milk LL ,,;;.! or cream to a prescribed factory or-4;Yrespect of the suppliers ~ of milk or cream to ~ prescribed f~;tfory, has supplied milk or , 'Ij/ ~J ? > . cream to such prescnbed facto~}i/

w~hin a period of six months immediate!i preceding the date on which the veterinary service in question is t:p' be provided and upon whose produce an assessment made and levi,2(d under sections 7 A or 7B of this Act subsisted for any part of such p fod; and

(b) if he is a producer of lk or cream upon whose produce there subsists an assessment made an levied under sections 7 A or 7B of this Act for the purpose of defraying yments to be made from the Compensation Fund pursuant to such ag ement which assessment is expressed by this Act to be payable by th roducer, is not more than six months in arrear in the payment of su assessment at the date on which the veterinary service in question is a be provided.

(6) The M' Ister may enter into an agreement in writing with any veterinary sur n registered as such under "The Veterinary Surgeons Acts, 1936 t 1964," and who is qualified under paragraph (i) of subsection (I) f section eighteen of those Acts to be so registered, upon the terms, pr 'isions and conditions upon and subject to which such veterinary

ill provide veterinary services (either generally or of a particular type types) for the stock of persons in such areas of the State as are de ed in such agreement and may, from time to time, enter into a like a eement varying, renewing or extending such an agreement.

f)~ ( ~--J STOCK ACTS, 1915 TO 1965 ss. 4, 4A 547

t.. i; . . ~ithout prejudice to any right or remedy which either party to an agreement entered into pursuant to any provision of this section may have against the other in respect of a breach thereof, either such party may, subject to the terms of the agreement in question, by notice to the other such party, terminate such an agreement whether or not there has been a breach thereof and, thereupon, neither party shall be further obliged !W th9ttrrms thereof.

t'll) II M Jmended by Act of 1948, 12 Geo. 6 No. 19, s. 3; Act of 1948 (No.2), 13 If Geo. 6 No.1, s. 2; Act of 1958,7 Eliz. 2 No. 19, s. 3; Act of 1960,9 Eliz. 2 No. ~2, s. 3; Act of 1965, No. 40, s. 3.

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

Act referred to: Veterinary Surgeons Acts, 1936 to 1964, title VETERINARY MEDICINE.

"Chief Inspector" is defined in s. 3. For the purposes of the Meat Industry Act 1965-1969, every inspector appointed

thereunder is deemed to be an inspector appointed under this Act. See s. 120 thereof, title MEAT INDUSTRY, Vol. 11, p. 496.

See also Pig Industry Act of 1933, s. 4, title PIG INDUSTRY, Vol. 13, p. 548.

4A. Power of delegation. ( 1) The Minister may from time to time, in relation to any matters or class of matters, or in relation to a particular part of the State, by instrument in writing under his hand delegate all or any of his powers, authorities and functions under this Act as may be specified in the instrument (other than this power of delegation) so that the delegated powers, authorities and functions may be exercised or, as the case may be, shall be performed by the delegate with respect to the matters or class of matters or in relation to the particular part of the State specified in the instrument.

Any delegation under this section may, if the Minister deems it so desirable, be made by the delegation of all or any of his powers, authorities and functions under this Act as may be specified in the instrument of delegation to the holder of an office under the Crown in right of this State, specifying the office but without naming the holder; and in every such case each successive holder of the office in question and each person who for the time being occupies or performs the duties of that office may exercise or, as the case may be, shall perform without further or other authority and while he holds or occupies or performs the duties of that office the delegated powers, authorities and functions with respect to the matters or class of matters or in relation to the particular part of the State specified in the instrument.

(2) Where, by or under this Act, the exercise of a power, authority or function of the Minister is dependent upon the opinion, belief, or state of mind of the Minister, in relation to any matter, that power, authority or function may be exercised upon the opinion, belief, or state of mind of the person to whom it is delegated by an instrument of delegation under this section.

(3) The Minister may, at his will, revoke a delegation made by him under this section.

No delegation shall prevent the exercise of any power, authority or function by the Minister.

( 4) The Minister may make such and so many delegations under this section and to such number of persons and either at anyone and the same time or from time to time as he may consider necessary or desirable.

Inserted by Act of 1958, 7 Eliz. 2 No. 19, s. 4.

548 STOCK Vol. 16

? Governor in Council may appoint districts. 60 Vic. No.1, s. 4A. 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;

(ii) Alter the boundaries of any district; (iii) Abolish any such district.

He may assign a district or districts to any inspector or officer. Unless the Governor in Council otherwise directs, any inspector may

exercise and discharge his powers and duties in any part of the State notwithstanding that a district or districts may have been assigned to him.

As amended by Act of 1930, 21 Qeo. 5 No. 35, s. 3. For Orders in Council under this section, see Table of Contents, p. 475, ante.

~lOCK RETURNS'"

SA (1) M'esning M "owner of stock" and "stock". In this "Owner of stock"-means the owner, whether joint or severally,

of stock or the authorised agent of or the su erintendent or manager for the owner of stock or the per n in charge of stock; and

"Stock"-means anyone or more horses, cattl , sheep, or swine, /I.L . and includes foals, calves, lambs, and pig. T',

(2) Annual return of stock in every Local uthority Area to be~ I, ) made. (a) Every owner of stock and, in the c e of travelling stock, U ' the drover or person in charge shall, within 0 e month after the first day of January in each year, make a return i the form prescribed of the number and description of all stock kep or depastured or, in the case of travelling stock, being travelled in ny Local Authority Area upon that first day of January.

(b) A~~~~mrm;~~~~TImmn~~rom~1 this subsection unless and until the pre cribed form has been with all of the information required the by to be supplied the by the person making that return, and dged with-

(i) The Clerk of Petty Ses ons nearest to place where the stock the subject of t t return wer ept or depastured or, in the case of travell' g stock, b . g travelled upon the date aforesaid; or (Where the stock the sJ.lbre'ct of that return were kept or depastured or, i th~ease of travelling stock, being travelled upon the date f said within the boundaries of the petty sessions distr' of Brisbane) the Under Secretary of the D:partme f Agriculture and Stock of the Government of

(c) f stock or, in the case of travelling stock, drover or person in charg who fails to make a return as required by this subsection or who makes any such return which contains any false or misleading infor ation shall be guilty ,:;9t "an offence agair1S} this Act and liable to a p alty of not, more than twb H'undred dollars. 'if!/ .-_.

::'O\"/~T~' /.>I?"'7-'>-;tV. ~_8,:;(..s.lfl/".J

(3) Cler s of .1IcU~:V:::~ ard retuins to vnaer Secretary, Department f AgrletH--t'--- -- At the end of every month each G . ncemed shall transmit to the Under Secretary

ci~/? y, (/ ~v II.. 'T

STOCK ACTS, 1915 TO 1965 .5, 5A 549

I )/~ , I';//tl Z .;-/<1 /)V'.:. '/~l F:-~ of the Department of Ap,ml!T; ud Stq£k of the Gov rnment of this State all returns received by hIm during the month, and the Under Secretary shall cause such returns to be recorded,' the prescribed register kept in his Department, in the manner prescribe .

(4) Use of returns. (a) Returns made under is section shall be used for the purposes of this Act, "The Brands cts, 1915 to 1945," "The Stock Routes and Rural Lands Protection cts, 1944 to 1951," "The Rabbit Acts, 1913 to 1951," or of such ther Acts as may be prescribed, and for statistical purposes gener ly or of any of the

)f"bepartments of the Government of this State i particular. (b) Subject to such provisions as m be prescribed by the

regulations for the purposes hereof, any erson on payment of the prescribed fee and any person on behalf of any Department of the Government of this State without payment f such fee may at all reasonable times search the prescribed register ept for the purposes of this section for any entries he desires to find or search.

The power to prescribe fees for he purposes of this paragraph shall include power to prescribe differ nt fees according to the number of entries desired to be found or sear hed or otherwise as is prescribed.

/1!1//?/f,lC;?' :-,,,),,,. ,-,.~;,c; (5) Evidence. (a) In any p. ceedings l!nder- or for a purpose

of this Act or any other Act, a a ument which purports to be a copy of or extract from any ret e under this section or "The Stock Returns Acts, 1893 to 46," the prescribed register kept in f)ll./"1,,",z7 Department of . of the Government of . tate,...- . and endorsed with a certificate urporting to be under hand of the;" AI ,,),, I Tllr;;

Under Secretary of the Depart ent of' k, or of any officer of that Department au orised by that Under Secretary to give such certificates, that such d cument is a true and correct copy of or extract from, as the case m be, that return or register shall, upon its production in evidence, be e idence of the matters contained and certified to therein and the signature on the certificate shall be presumed to be that of the Under Secretary or, s the case may be, of an officer of the Depart-ment of Ag . c so authorised, and in the absence of evidence in rebuttaVsh I be conclusive evidence of such matters and signature. I?/~ '"'?'~/l7 ":-;")"S7/"?///j

If ~~yfftrt"~~lptb7e (lings for failing to make a return as required by sUbseCtIOn-two of thi section, a certificate purporting to be under the hand of a Clerk of . or the Under Secretary of the Depart-ment of of the Government of this State that a

'1..,~"Was not lodg a with him in the year in question within the time ';1'rescribed shall,. up' n its productio~ in evidence, be evidence of those

)v~ I facts, and the SIgn ture on the certIficate shall be presumed to be that ?I'ti~ of the Clerk of . or, as the case may be, Under Secretary,

and in the absenc of evid&1ce in rebuttal, shall be conclusive evidence of such facts and signature. '- /f, "" "1" " I I ;-,11' '/ I; { (" "" '" ,1"

Inserted by Act of 1952, 1 Eliz. 2 No. 39, s. 5; as amended by Act of 1959, 8 Eliz. 2 No. 12, s. 2; Act of 1960, 9 Eliz. 2 No. 42, s. 4.


Acts referred to: Brand Acts, 1915 to 1965, p. 481, ante. Stock Routes and Rural Lands Protection Acts, 1944 to 1967, title LAND,

Vol. 9, p. 417.

550 STOCK Vol. 16

Rabbit Acts, 1913 to 1951; see now Rabbit Act 1964-1968, title RABBITS, Vol. 14, p. 309.

Stock Returns Acts, 1893 to 1946, (repealed). Clerk of Petty Sessions, now Clerk of Magistrates Court; Petty Sessions District,

now Magistrates Courts District; see Justices Acts Amendment Act of 1964, No. 32, s. 2 (1), (4), title JUSTICES, Vol. 8, p. 250.

6. Fund. ( 1 ) There shall be established at the Treasury a fund to be called the "Stock Fund" which, subject to the provisions of subsection three of section 6A of this Act, shall be applieg/t:o the payment of all expenses incurred by the Governor in Counc' or the Minister in the execution of this Act as well as to the provisi of such husbandry services to the cattle, sheep, and pig industries and such other animal industries as the Minister may from time to time de rmine.

(2), (3) (Repealed.) l?f (4) Endowment. The Gover or in Council may, in any year in

which he deems it necessary and roper so to do, make a grant in aid of L tj) the Stock Fund out of Consolida d Revenue (which is hereby appropriated '/ for the purpose) in such sum as the Governor in Council may approve.

Any such grant when made shall be at a rate not exceeding ~ dolla~ for everyone dolla paid into the Fund during the twelve months preceding such grant i respect of assessments levied and paid under this Act.

(5) All asses ents levied and other moneys received and all penalties recovere under this Act shall be paid into the Fund.

As amended Act of 1930, 21 Oeo. 5 No. 35, s. 4; Act of 1941, 5 Oeo. 6 No. 18, s. 13; Ac of 1953, 2 Eliz. 2 No. 17, ss. 3, 4 (1).

Section 4 ) of Act of 1953 reads:-the coming into operation of 'The Stock Acts Amendment Act of

1953,' all neys standing to the credit of the 'Stock Diseases Fund' shall be paid to the cr it of the 'Stock Fund'."

reference substituted pursuant to section 7 of Decimal

6A. Stock Diseases Compensation and Stock Improvement Fund. ( 1 ) There shall be established at the Treasury a fund to be called "The Stock Diseases Compensation and Stock Improvement Fund," which fund is in this Act referred to as the "Compensation Fund."

(2) Into the Compensation Fund shall be paid-(a) All assessments made, levied and collected under section 7 A

of this Act Mia aa~r m9Beys paie to the Mini~ter by tile O'l}Qer of a holdjng under an agreemeat eatered jnto between the MiHi~ter !tHe tHe eWBer ptifStiMit tel the pre> 9 isie>ft8 -af-se~ti8H 7f1 of this Act, and.. .? )/J l

(b) Subject to appropriation by Parlia~t, payments from the Consolidated Revenue Fund equal in amount to one-half of the payments made into the Compensation Fund under paragraph (a) of this subsection.

Cll Payments may be made from the O~mpeBsatieft Ftifte is respect ~

(a)""paymeHt (If tompensauon pursuant to section 25B of this Act;

(b)

-

STOCK ACTS, 1915 TO 1965

p~yment tg aft Approved Veterinary Surgeon an agreement made by him with the Minis to the testing of stock for tuberculosis;

".SA.7 551

payment to an Approved Veterin Surgeon pursuant to an agreement made by him w' the Minister in relation to the rendering of veterinar rvices; payment of all other penses incurred in the administration and execution of IS Act in relation to the testing of stock for tuberculosis' improv ent, through artificial insemination, of dairy cattle, th ock of producers of milk or cream in respect of which

roducts an assessment is made and levied under sections

Inserted by Act of 1944, 9 Geo. 6 No.6, s. 4; as amended by Act of 1948, 12 Geo. 6 No. 19, s. 4 (1); Act of 1953,2 Eliz. 2 No. 17, s. 5; Act of 1958, 7 Eliz. 2 No. 19, s. 5; Act of 1959, 8 Eliz. 2 No. 12, s. 3; Act of 1965, No. 40, s. 4.

7. Assessm nt. The Minister may in respect of each year (and whether before or er the commencement of the year in question) make and levy an asses ent, at rates to be fixed by him, on each and every owner of stock and, ubject as hereinafter provided, each and every such owner shall in respect f each year (and whether before or after the commencement of the yea in question) pay, in respect of stock owned by him, that assessment.

aid

f (i)

Y (ii) ~ (iii)

Cattle Horses Cattle and together

/jf ----~--- til7 1:'

p raph (b2) of the proviso hereto, a

Sheep • ~ t... • /I'i-r' (iv)

at more than ten cents on every head

bject to paragraph (b1) of the proviso hereto, a te of not more than two and one half cents

o every head

171 { . (v) Swin Subje to paragraph (b3) of the proviso hereto, a

f not more than two and one half cents

Provided that-(a) In every case where on and the same owner owns both

cattle and horses an assess ent as aforesaid shall be deemed to be made and levied on hat owner in respect of those horses and cattle together an the amount of the assessment payable in respect of those s ck by that owner shall be ascertained by aggregating the spective numbers of cattle and horses;

(b) An assessment as aforesaid shall no be payable by an owner in respect of cattle, or horses, or cat and horses, or sheep, if the number thereof owned by him less than eleven;

(bI) The minimum assessment payable in spect of eleven or more sheep owned by any owner shall b two dollars.

(b2) The minimum assessment payable in res ct of eleven or more cattle, or horses, or cattle and horse owned by any owner shall be four dollars;

552 STOCK

(b3) The minimum assessment payable in res by any owner shall be two dollars;

(c) The Governor in Council may by

Vol. 16

the rates of or wholly remit any a essment as aforesaid. On and from the coming into operatio of "The Diseases in Stock

Acts Amendment Act of 1952," the return ade under section 5A of this ) Act shall be used for the purposes of t s section and the last day of r.r' . the period in any year allowed under or rsuant to that section for making /. the return thereby required in that y. ar shall be the date upon which "l/j an assessment as aforesaid made an levied in respect of that year shall t II' be due and payable.

Any owner who fails to p such assessment as required by this section shall be guilty of an ~ ~nce against this Act and shall be liable to a penalty not exceeding .' nundred dollars; and moreover, an owner shall, on conviction for rna . g, in contravention of section 5A of this Act, a return which contains y false or misleading information be assessed and pay double assess nt on the actual figures over and above those returned as well as t assessment on the figures returned.

The amount of any assessment or double assessment referred to in this section shall thout prejudice to any other provision of this section be a debt due to e Crown and may be recovered accordingly.

Substituted b Act of 1931, 22 Geo. 5 No. 34, s. 2; as amended by Statistics Act of 1935, s. 1 (i); Act of 1941,5 Geo. 6 No. 18, s. 14; Act of 1950, 14 Geo. 6 No. 13, s. 3; t of 1952, 1 Eliz. 2 No. 39, s. 6; Act of 1953, 2 Eliz. 2 No. 17, s. 6; Act of 1960, Eliz. 2 No. 42, s. 5.

Decim currency references substituted pursuant to section 7 of Decimal Currency ct of 1965.

Ac referred to: Diseases in Stock Acts Amendment Act of 1952, p. 599, post.

7 A,..Assessments on milk ftIld oeam. (1) The Minister may ";ike and levy all or any of the assessments set out in subsection ree of this section upon milk and cream-

(i) Supplied for consumption or use or inte lied consumption or use within the area of the City of Bri ane; or

(ii) Supplied for consumption or use 0 mtended consumption or use within such other areas as- ay, from time to time, be prescribed by the Governor i~.t'ouncil by Order in Council published in the Gazette; or "

(iii) Supplied to such factories as may, from time to time, be ,1., 7 prescribed by the Governor in Council by Order in Council 71 ( published in the Gaze~te.

) The power of the Ministef'io make and levy all or any of the said assessments shall include po).V'er in every instance to make and levy the assessment upon all milk a cream so supplied, or upon all milk or upon all cream so supplied, , where the Minister in his unfettered discretion specifies in the notice f the making of the assessment, upon such portion thereof as the Mini er so indicates.

In relation 0 milk or cream supplied, the portion thereof liable to assessment be indicated for the purposes of this subsection or subsection e of this section, by specifying that portion in such manner as the . nister considers suitable, or inferentially upon the specifying of the mainder of that milk or cream supplied not liable to assessment

STOCK ACTS, 1915 TO 1965 l!l!i. 7, 7A 553

according to class, area of production, class of producers, individual producers, route by which supplied, or otherwise as the Minister considers suitable.

(2) Subject as herein provided all milk or cream-(i) Supplied to a factory situated in the area of the Ci of

Brisbane or in any other area prescribed under this s ction shall be deemed to be supplied for consumption or se or intended consumption or use within the area in questi n; and

(ii) Shall be deemed to be so supplied by the pers n who produced that milk or cream notwithstanding that de very on supply is made without the area in question,

and all such milk and cream shall be liable to assessment ereunder notwithstanding that the factory has not been specifically prescribed under this section.

(3) All or any of the following assessments may be m e and levied under this section by the Minister in respect of the area f the City of Brisbane, or of any area or factory prescribed under this section, that is to say-

(i) An assessment upon milk, but so that suc shall not exceed-

(a) where the assessment is based upo volume of milk one-half of one penny upon every g on of that milk;

(b) where the assessment is based upo weight of butterfat contained in that milk, one and one fifth of a penny upon every pound of such butterfat;

(ii) An assessment upon cream used in t e manufacture of butter, but so that such assessment shall no exceed-

(a) where the assessment is based pan the weight of butter manufactured from that crea , one penny upon every pound of such butter;

(b) where the assessment is base upon the weight of butterfat contained in that cream, one nd one-fifth of a penny upon every pound of such butterf ;

(iii) An assessment upon cream other than cream used in the manufacture of butter but that such assessment shall not exceed such amount as is pt scribed.

Assessments differing in amount may be so made and levied in respect of different areas and factories.

An assessment so made and I ied in respect of anyone area or factory may provide that different mounts shall be payable thereunder by different producers or differe classes or groups of producers as defined therein of the milk or c am to which that assessment relates, and in that case may define di erent producers or different classes or groups of producers by refere ce to factories, wholesale vendors, or manufacturers or in any other manner sufficiently identifying them.

The powers of the Mini er under the preceding paragraph of this subsection shall extend so as to authorise him, by making provision for the payment of different am nts under an assessment, to reduce to such extent as he deems equita Ie the amount payable thereunder by such and so many of the produc rs of milk and cream to which that assessment relates as the Minister is satisfied maintain their dairy herds free from tuberculosis.

554 STOCK Vol. 16

~

( 4) The Minister may make and levy an assessment under this section upon anyone of the following bases:-

(a) in respect of milk-(i) the volume of such milk; or

(ii) the weight of butterfat contained in such milk; (b) in respect of cream used in the manufacture of butte~f-

(i) the weight of butter manufactured from such cr~m; or (ii) the weight of butterfat contained in such creafo;

(c) in respect of cream other than cream used in the .fuanufacture of butter, the base determined by the Minister in relation to the assessment concerned. /

(5) When the Minister makes an assessment un'~r this section, a notice of the making thereof shall be published in;ihe Gazette, and thereupon such assessment shall be deemed to be duW made and levied and shall be payable as prescribed by this section. !

The Minister may, from time to time by nqtlce published in the Gazette, revoke any assessment made and levied by/him under this section whether made and levied before or after the ¢mmencement of "The Stock Acts Amendment Act of 1965" and ma1 in like manner amend any such assessment- !

(a) By increasing or decreasing the ar/ount of that assessment, or the amount thereof payable by I any producers or class or group of producers defined ther n; or

(b) By redefining the different pr ucers or classes of groups of producers defined therein d by providing the different amounts payable thereunde by the different producers or classes or groups of produ ers as so redefined; or

(c) (Where not already so Il ovided under the assessment) by providing that different ounts shall be payable thereunder by different producers or different classes or groups of producers of the mil or cream to which the assessment relates and by defini those different producers or classes or groups of produce ; or

(d) By making and lev ing that assessment upon such portion only of the milk a d cream or milk or cream to which the assessment related as the Minister indicates in such notice or, where the assess ent is made and levied on a portion only of the milk and /heam or milk or cream supplied in respect of any prescrib,td area or areas or factory or factories, by making and levying that assessment upon all milk and cream so supplied or; upon all milk or upon all cream so supplied.

!

(6) Where an asse~sment upon milk or cream made and levied under this section by t)'ie Minister is expressed by this section to be payable by a person other than the producer of that milk or cream such person may deduct the amount of such assessment from the moneys payable by him to such producer for that milk or cream.

(7) Any amount of an assessment not duly paid shall constitute a debt due and owing to the Crown by the person liable to pay such amount and may be recovered by action as for a debt in any court of competent jurisdiction.

STOCK Acrs, 1915 TO 1965 S.7A 555

(8) Assessments made and levied under this section shall be payable as follows:-

(a) In respect of milk or cream supplied by the pr ducer thereof to a wholesale vendor, manufacturer of ice-c am, or to an owner of a factory, the assessment shall b paid by such wholesale vendor, manufacturer or owner, s the case may be, within fifteen days after the last day of t e month in which the milk or cream, the subject of the asses ent, was supplied to him;

(b) In respect of milk or cream supplied b the producer thereof to a person other than a person spe ified in the preceding subparagraph the assessment shall b paid by such producer within fifteen days after the thirti h day of June and the thirty-first day of December in ea year in respect of milk or cream, the subject of the as ssment, produced by him during the period of six month last preceding the thirtieth day of June or, as the case ay be, the thirty-first day of December last preceding,

All moneys payable under this su ection shall be remitted to the Under Secretary, Department of Pri ry Industries, for payment by him into the Compensation Fund,

(9) Every wholesale vendor as defined in "The Milk Supply Acts, 1952 to 1961," manufacturer of ice- eam, owner of a factory, or producer of milk or cream required to pay y assessment made and levied under this section shall, with each pay ent prescribed by this section, deliver to the Under Secretary, Departm nt of Primary Industries, the prescribed particulars verified in the prescr' ed manner with respect to milk or cream supplied to or by him for cons ption or use or intended consumption or use within the area in quest' n or, in the case of a factory prescribed under this section, supplied a that factory, during the month to which such payment relates,

(9A) The owner of a y factory who is liable-(i) On the com' g into operation of "The Stock Acts Amend

ment Act of 953"; or (ii) At any tim thereafter,

under this section to ay an assessment upon milk or cream received by him, shall, before t expiration of seven days after the close of the calendar month in hich "The Stock Acts Amendment Act of 1953," comes into operati or, where he is not so liable upon the coming into operation of that ct, before the expiration of seven days after the close of the calendar onth in which thereafter he first becomes liable under this section to pay the assessment, furnish to the Under Secretary, Department of griculture and Stock, a complete list (hereinafter called the "initial lis ') of the names and places of abode or business, respectively, of all ersons who have during that calendar month supplied such owner with ilk or cream, and shall, before the expiration of seven days after the c se of each and every calendar month thereafter, furnish to the said Under Secretary, with respect to that immediately preceding calendar month a complete list (hereinafter called a "supplementary list") of the names and places of abode or business, respectively, of all persons who-

(a) Ceased to supply him with milk or cream;

556 STOCK Vol. 16

(b) Commenced or, as the case may be, re-commenced supply him with milk or cream,

and so as to show those two classes of persons separately.

Without prejudice to the aforesaid provisions of this ubsection, the owner of any factory to whom this subsection appli s shall be deemed to have committed an offence against this subsectio unless the initial list as amended by every supplementary list furnish by him is at the close of each and every calendar month a list of all persons who are then suppliers of milk or cream to that factory.

( 10) In this section the terms "factory" and, where to the term factory, "owner" shall have the respective to them by "The Dairy Produce Acts, 1920 to 1944."

Moreover every manufacturer of ice-cream and e premises in or on which he manufactures ice-cream shall respectiv ly be an "owner" and a "factory" under and for the purposes of this sec on.

The term "wholesale vendor" in this section eans a person who sells wholesale milk or cream, and includes a p rson who sells partly wholesale and partly retail milk or cream, but does not include any producer who sells only milk or cream produced him.

( 11) The repeal of, and substitution of is section for, section 7 A of this Act by "The Diseases in Stock Acts mendment Act of 1948" shall not prejudice or affect-

(i) Any Order in Council prescribin (ii) Any regulation; or

(iii) Any assessment, made under the said repealed section an in force at the passing of "The Diseases in Stock Acts Amendment Act of 1948," and every such Order in Council, regulation or assessment all continue in force under and subject to this section as if it had be n duly made hereunder until it is repealed, amended, discontinued, vari or altered hereunder.

Where an exemption from or r duction in the rate of an assessment continued in force by this subsecf n has been granted by the Minister pursuant to his powers in that be If under the said repealed section 7 A,

and such exemption or reduction i in force at the passing of "The Diseases in Stock Acts Amendment Act of 948," that exemption or reduction shall, unless it is sooner revoked by e Minister, continue in force until the thirty-first day of December, on thousand nine hundred and forty-eight.

Inserted by Act of 1944, 9 eo. 6 No.6, s. 5; substituted by Act of 1948 (No.2), 13 Geo. 6 No.1, s. 3; amended by Act of 1949, 13 Geo. 6 No. 40, s. 2; Act of 1953, 2 Eliz. 2 No. 17, s. 7; Act of 1954, 3 Eliz. 2 No. 22, s. 3; Act of 1965, No. 40, s. 5.

Acts referred to: Stock Acts Amendmen Act of 1965, p. 601, post. Milk Supply Acts, 19 2 to 1961, title MILK, Vol. 12, p. 267. Stock Acts Amendme t Act of 1953, not reprinted. Dairy Produce Acts 1920 to 1963, title DAIRY PRODUCE, Vol. 4,

p. 371. Diseases in Stock cts Amendment Act of 1948, p. 598, post.

For Orders in Council der this section, see Table of Contents, p. 475, ante. Semble the word "of" here it first appears in the first line of subparagraph

(b) of the second paragraph of subsection (5), should read "or".

STOCK Acrs, 1915 TO 1965 ss. 7 A-' 557

7B. Agreement for volu e Mimster may enter into an agreement in relation to a 0 ding with the owner thereof, undertaking, upon such terms a onditions as may be specified in the agreement and in consider . n of the payment to the

1j lO, 1Minister by the owner, at the times a e place specified in the agree/. ment, of a voluntary assessment 0 k and cream or on milk or cream to

be made and levied at suc te and otherwise upon such terms and conditions as may be spe . ed in the agreement, to cause such stock of the owner upon the h ng as may be specified in the agreement to be inspected and. ed at such times as may be determined by the Chief Inspector f the purpose of ascertaining whether or not any of that stock are affe ed with tuberculosis.

2n erted by Act of 1958 7 ~liz. !!: No. 19, s. 6.

8. Dips, etc. 60 Vic. No.1, ss. 9, 10. For the effectual execution of this Act the Minister may establish, maintain, and manage dips and experimental stations and quarantine stations at all necessary places.

9. (1) Q:Wller iD.trgdaroing stock to proouce clean'certilicate~'~

/ intended -to be introduced into the State shall be exa' yan inspector

.1:.......: or brought across the boundary from any a . . . g State or territory of the , , Commonwealth until their owne~produced a certificate from the (/ > proper officer of that portimr'otsuch State or territory of the Common-/1./ ~$' wealth contiguous~ crossing-place by which such stock are to be L 1/ introduced,.st-atrilg that such stock are not infected and have been treated

\..Q.E.... tei)k"tfOr t~~~tested a~ prsseribed.

The said first-men' and a ot er necessary information xamine such stock and determine whether or not e mfected, and u on being satisfied that.-

o • • ~. suc . stoc,k, to tra 1.. ::. t<.' . .I .% ',7. ") <" (2) RestrictIOn on mtrodnction of apparently ~ s~ Not-~

withstanding the production of a certificate from the proper officer in an adjoining State or territory of the Commonwealth that any stock proposed to be introduced into this State are not infected, the inspector in this State, provided there are any circumstances which cause him to suspect that the stock are infected, may refuse to admit such stock until they have remained for the period necessary for testing, ascertainment of the result of such testing, observation and treatment at some place within such adjoining State or territory of the Commonwealth.

Such stock may then be introduced, if, after the expiration of such period, they are found upon examination by the inspector to be not infected.

(3) Stock to cross border at appointed crossing-places. No stock shall be introduced from an adjoining State or territory of the Commonwealth at any crossing-place other than at a crossing-place appointed from time to time by the Governor in Council by Order in Council.

(3A)' Enr, o"ne! or e1reH'sr sf stssk SHall, Hst less than tHO Her (. more than fourteen days before he introduces such stock' , I, • <--

give notice in writing of their proposed . . n to the inspector at the f/f crossing-place, place of port of introduction, or, if no inspector ) f,K ~s stationed crossing-place, place of entry or port, then to the

IllS

558 STOCK Vol. 16 !/r1-)'>f~t- tf;ss~,<- LI/?Y

(3B) When permit re~red for introduction of stock by«ir. A persoij shall not introduce by ~ft into the State from any other State or territory of the Commonwealth any stock of a class prescribed for the purposes of this subsection except under the authority of and in compliance in every respect with the requirements of a permit in writing granted by the Chief Inspector. //" " /~~_

V'?~)'::'- f' r1:

(3c) No stock shall be introduced by .illi~ sr airerftft from other State or Territory of the Commonwealth other than at a place of entry or port of introduction appointed from time to time by the Governor in Council by Order in Council.

. /" (3D) The 'h.flef' N drover of any stock that are introduced into this t';/?~State from another State or Territory of the Commonwealth shall forthwith / / upon the introduction of the stock deliver to an inspector at the ciE7Ssing

...p}m::e, place of entry or port of introduction into the State of the stock-(a) A certificate from the proper officer in relation to the portion

of the State or Territory of the Commonwealth from which the stock were first brought for the purposes of introduction into this State that the stock are not infected and have been treated or tested or treated and tested as prescribed;/~~ J> It )I,A· ~

jI} if (b) Such other certifica. tes as may be presCJ;.~be ..... (../7 . f y~C c.:' (. )~ 1

77 (3£) Any perso who fajls t<;?,~C9~L0 e ry respect with the requirements of su ction 3e eftl1!ii 3~.i{ shall be liable to a penalty not exceeding ~d dollars or at the discretion of the adjudicating court to be impriso~ for ~ period not excpding six months.

'-'-II?'! ({ 4) )Th;;J!QiF ~dlove;;r oth~~rson introducing, or attempting 7 0//7 t to introduce, or aiding or being concerned in the introduction of stock

I contrary to this section shall be liable to a penalty not exceeding ~ }oYt/C> ~d dollars, or, at the discretion of .the adjudicating court, to be

imv.risoned for anijperlod not:V'feFing six months. (:Q amlJ6~(rbY'Kct of 19~6-0~tieo, 6 No. 11, s. 5; Act of 1946,11 Geo. 6

No. 10, s. 4; Act of 1960, 9 Ehz. 2 No. 42, s. 6; Act of 1965, No. 40, s. 6. Decimal currency references substituted pursuant to section 7 of Decimal

Currency Act of 1965.

9 A. Destruction of stock from other States where prescribed certificates 1=...J /7 not produced. (1) Where in respect of any stock introduced into this 1/ State from another State or Territory of the Commonwealth t~~ drover of the stock has contravened the provisions of this Act by failing to deliver to an inspector any prescribed certificate in relation to the introduction into this State of the stock in question, the owner of the stock (whether or not he was the owner of the stock at the time of the intro-duction thereof) shall within seven days or such further time as the Chief Inspector in special circumstances allows after service upon him of a notice in writing under the hand of an inspector requiring him so to do-

(a) Deliver to the inspector all such certificates in relation to the stock as were required by this Act to be delivered upon the introduction of the stock into the State and were not so delivered or such other certificates in substitution therefor as the Chief Inspector may require and in addition to any such certificates such further certificates as the Chief Inspector may require; or

STOCK ACfS, 1915 TO 1965 !is. 9, 9A 559

(b) Give an undertaking in writing to the satisfaction of the Chief Inspector for the removal of the stock out of the State or for the disposal otherwise of the stock.

(2) If the owner-(a) Being thereunto required fails to comply with the provisions

of subsection one of this section, by failing either to deliver the certificates specified in paragraph (a) of that subsection or to give an undertaking as specified in paragraph (b) of the said subsection one; or

(b) Having given an undertaking as specified in paragraph (b) of subsection one of this section, fails to comply in every respect with the terms of that undertaking,

the Chief Inspector may by order in writing under his hand order the destruction of the stock in question.

(3) An order made or given under subsection two of this section directing the destruction of any stock may prescribe the manner in which, the time within which, and the person by whom the stock shall be destroyed, and for that purpose may direct either that the stock be destroyed by or under the supervision of the person named in the order, at the holding or premises in or upon which the stock were found or that the stock be delivered at such time and place as are specified in the order to a person named in the order for destruction.

( 4) A notice given under subsection one of this section and an order made or given under subsection two of this section shall be served on the occupier of the holding or premises in or upon which the stock are found or, if there is no occupier, on the owner of the stock or, if neither the owner nor the occupier is present at the holding or premises, on the person apparently in charge thereof, and service of the notice or order pursuant to this subsection upon the occupier or person apparently in charge of the holding or premises shall be deemed to be sufticient service upon the owner of the stock.

(5) Any owner, occupier or person apparently in charge of any premises or holding who contravenes or fails to comply in any respect with the requirements of an order by the Chief Inspector under subsection two of this section shall be guilty of an offence and shall be liable to a penalty not exceeding five hundred dollars or to imprisonment for a period not exceeding six months.

(6) Upon a failure in any respect to comply with the requirements of an order made or given under subsection two of this section, and without prejudice to any proceedings which may be taken upon that failure, the Chief Inspector may, after the expiration of seven days from the date of the failure, direct in writing an inspector to enter upon the premises or holding to which the order relates and destroy or cause to be destroyed the stock specified in the order, and for the purposes of such destruction the inspector may, if he thinks fit, remove or cause to be removed any of the stock to any other place.

(7) Any expenses incurred by the Chief Inspector in pursuance of an order under subsection two of this section, or by an inspector in pursuance of a direction under subsection six of this section, may be recovered from the owner of the stock in question in any court of competent jurisdiction as a debt due to the Crown.

560 STOCK Vol. 16

(8) The owner of any stock destroyed pursuant to an order or direction made or given under this section shall not have any claim for compensation or otherwise against the Minister, the Chief Inspector, an inspector or any other person referred to in the order or direction in respect of the destruction of the stock in compliance with the order or direction.

Inserted by Act of 1960, 9 Eliz. 2 No. 42, s. 7. Decimal currency reference substituted pursuant to section 7 of Decimal

Currency Act of 1965.

wner of in stoC" are permitted to be introduced, their owner from the inspector a permit to travel such the nearest usual and practicable road.

1 /' I Such stock shall not, during a per' of three months after such

7/ ) ltntroduction, be removed from the ce of destination specified in such permit except by the issue of s permit.

Every owner or ver shall be liable to a penalty not exceeding forty dollars for ry day during which he travels such stock or allows them to be elled without such permit, and also to a penalty not exceeding t undred dollars for every deviation they make from the route laid 'tkuVn in such perwit

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

11. Suspension of preceding sections. The Governor in Council may from time to time, by Order in Council, suspend the operation of anyone or more of the three last preceding sections for any period not exceeding six months in respect to stock introduced or proposed to be introduced from any State or territory of the Commonwealth in which disease is not known to exist.

As amended by Act of 1946, 11 Geo. 6 No. 10, s. 5; Act of 1965, No. 40, s. 7.

___ /1/"7 f',y0r,;j ~7'/7H 12.r Govemor may prohibit intr&duc6on or removal of stock. 60 Vic. No.1, s. 8. ( 1) The Governor in Council may from time to time, by Order in Council- ~~'/-tt::;'/~I:'''J. 'I,y, "1";"-/"''''''>''''"/"'

( .) P h'b' . ,'Ai; i h ·'···....,..ld O:l C""'ff/! cf"'f qd 1 ro 1 1t or put restr IOns on t e mtro uctlOn a m ecte or

suspected stock or· a.l;' eurcass·of any infected or sus.pected .L /,<r stock from any other State or territory of the Comm9n\Vealth, t;? , or on the removal of stoc~ from 2~~5tto'a]iof11er P~( of Queensland; ,/)I' " .. ' D/- /t"''-7 -+I ,1 (.A\{ S

'"', -- (-" &-."'-,. / (ii) Prescribe the route by which infected or' suspected stock shall

., 1 ~ be taken to their destination; ~ ]1/ ., (iii) Prohibit for any period the travelling of healthy stock by any I route by or over which infected or suspected stock have been

travelled; (iv) Declare any road to be a stock route for the use of travelling

stock; ;;~ /):~ff.':./ /!t'" J t"/u 'L'.~'.,:2 (v)-Declare fifty part of Queensland to htf"an jut erect area)with ,).u",,,

such boundaries as he thiftks HeeeSSEl:fy, agg alter the boundaries of such aFea,-,n ? ~/?~

{i.//~ Appoint places to be crossing-places for itltroduced stock:

LilJA{'

STOCK ACTS, 1915 TO 1965 ~. 9A-12A 561

It7 ( Provided tl:l:at He stock lOute shall be declared under this section ntil aIt"er notice of intention to declare the same ven to the Local Authority or Local Authorities rea or Areas through which the proposed stock route un, and any or all of such Local Authorities, if it or the me, shall be entitled to be heard by the Minister before

(2) Where pursuant to an Order in Council made under this section the introduction into Queen~~np' Jrom another State or territory of the. _ Commonwealth of any carcass is +M", AJ t f _ . J r-z;z ... f-{, /1"':,:,-1'~ <-- /" 70~) a J! r ..

(a) prohibited unleslsuch carc~st i?~af'~6fiipai'i~ed "bYe?/: :;;;;,;;,,~)~'~l~"'~1 (b) restricted by requiring such carcass sm-''b'e'viitcoW15an$if1)y; ,

),. / ? J a prescri9te4.; currie'i1t"'~t r~lc';:b d'd,?cument{ an .inspector may sei~e I any ca!"8ass,JIntro uce m.to uee s ~nd m contrav~ntIon of such Ord~r m ~~':' '"f'-,... .

Council by reason of Its not bemg accompamed by the gre~r~bed f '''''')«4(~ document or doc~ents and, if h~ does seize any such carca\s,,,, sMir destroy such dfc~rp6r &.iuse"We 4Sarne N

(o" '6e- d~stioyld unless within (. -y ,~ forty-eight hours aftef such seizure the prescribed document or documents are pro9ljc,ed to hiW, , (~((' (;,.<. __ 6y/>r

As ~nded by'Xclbt 1930, 21 G;;?'5 No. 35, s. 6; A¥f 1946, 11 Geo. 6 No. 10, s. 6; Act of 1965, No. 40, s. 8.

"Infected area" and "introduced stock" are defined in s. 3. For Orders in Ccuncil under this section, see Table of C nlents, p. 475, ante.

12A. Protected areacO )'1;~;; ~;:~'s?e~ ~:r.b; ~oti ation published in the Gazette, declare any area therein described to be a protected area as regards any disease specified in such notice, and may y the same or a like notification prohibit either absolutely or except sub'ect to such conditions as may be specified in such notification the intra uction into the area of any stock or class of stock, or any carcass, dder, fitting, or animal product.

/V .... _/· (') , . , s me or 5" j specified class or classes of stock within a 1 the test specified in such no .

" .

, o e subjected to

se in respect of which the area /~.

I II (3) The Minister may, by a like otification, modify or revoke any .,;- / notification made under this section. --v- ..... '-v'

(4) Any person-(' I(i) Who introduces into any protected area any stock, carcass,

fodder, fitting, or a mal product the entry of which into such area is prohibited' or

(ii) Who contraven s or fails to comply with any condition

) ;'7 j (iii)

relating to th introduction into any protected area of any stock, carcas , fodder, fitting, or animal product; or __ Who obstr cts or prevents the testi~< ar1e4ti'1redb?ihe Minister any stock within a protected! area for the disease in respec of which the area ha§ been declared to be protected,

shall be liable to a enalty not exceeding ;:;;;-hundred doll~t( ?'" Inserted by Act f 1946, 11 Geo. 6 No. 10, s. 7, Decimal curr cy reference substituted pursuant to section 7 of Decimal

Currency Act of 65, ..

~j.C-) ~~~------rr-g-IY; . tl/Jr'

> ,>

:I".~' ~,;;) ,f:..;-V'': r' /( /,1'/"/ r;; ,

<'71 ? I, ::f3::?/ . /1~:/,-,~.":-7i.<. L-'" .... ~ 1..1; c./1 ,.A.f'<

\~1)?1 ,,--./ ..... /;r' 4-- <,A-~ &.u/-r./ /,,,,,,-«-/ ' 56'':2~~,)-_...c.:.;..' -e-'~/7];z::,--~OCK '( 0-/ Vol. 16

! ?ii. .. ;

1', 1 • Quarantine. 31 Vic. No. 35, SS. 25, 6, 27. An inspector, on being it 7<' satisfied that any area is or is suspecte to be infected, shall define the boundaries of the area in question, an place it in quarantine by giving written notice to the owner either pers nally or by registered letter.

On placing any area in quarantine the inspector may, in cases where he considers it necessary or desirable so to do, affix in such place or places as he deems fit a notice that such area is placed in quarantine.

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

Any person who removes, or causes to be removed, or assists or in any way is concerned in removing stock beyond such area, unless authorised by the Minister or by an officer of his Department to whom the ;yjinister has by writing delegated such power either generally or in respect of the area in question (which deJ.e$~tion is hereby authorised), shall be

It; /.11 liable to a penalty not exceeding .w.;.e11Undred dollars, or, at the discretion of the adjudicating court, to be imprisoned for any period not exceeding six months.

Where necessary for the purpose of pasturing or watering quarantined stock, an inspector may extend the boundaries of such area and bring other stock within such boundaries.

As amended by Act of 1946, 11 Geo. 6 No. 10, s. 8; Act of 1954, 3 Eliz. 2 No.

~ Decimal currency reference substituted pursuant to section 7 of Decimal ~/,--' Currency Act of 1965. fs' () /...-(J/ I Y" ') / /Itf:t/;'y/)/:) )/7?, 14~d in certain cases. lb. s. 13. (l),+fie Minister may order ta@ destrHeti8fl: ef ~ny infected ~t~ any carcass, or any articles or things used in can . . suc stock or carcass, or any infected or sus s ure or fodder, whenever in his opinion 'STlcb <kst[Jl£~oHld lend to prevent the spread of disease.

Stock ordered to be destroyed shall be destroyed, and the carcass disposed of in manner .prescribed.

bij'?'!) /I-,v,''''r<- I 1.,.:>",."-Ij Every Icarcass, pasture, fodder, article, and thing ordered to be

destroyed shall be ¢estroyed in m~er prescribed. __ N u-...r /' tI~.. :",0// ) v

The Minister may, in reYation to all or any matters or class of matters referred to in this subsection, by notice published in the Gazette, delegate his powers under this subsection (other than this power of delegation) to any officer or officers of his Department, so that such powers may, subject to the delegation, be exercised by each and every officer so delegated.

(2) Upon a failure in any respect to comply with the requirements of an order made under subsection (1) of this section and without prejudice to any proceedings which may be taken upon such a failure, the Minister may, after the expiration of seven days from the. date of s~ch failure direct in writing an inspector to enter upon the premIses or holdmg in or ~pon which the stoi16k carcass, article or thing, pasture or fodder ordered to be destroyed i or are situated and destroy or cause t~ be destroyed such stock, car ss, article or thing, pasture or fodder specIfied in the order. { '/ /J ~ ///11; !'1/../L / )/? 7 U l 'i .

STOCK ACTS, 1915 TO 1965 ss.13-16 563

For the purposes of such destruction the inspector may, if he thinks fit, remove or cause to be removed any such stock, carcass, article or thing or fodder to any other place.

As amended by Act of 1946, 11 Geo. 6 No. 10, s. 9; Act of 1965, No. 40, s. 9. For definitions of "infected stock", "carcass", "Minister", "suspected", see s. 3. As 10 payment of compensation, see s. 15. As to the right of local authorities to destroy stray diseased stock without

making compensation, see s. 16. For offences concerning carcasses. see s. 28. As to destruction of ,.stray horses on holdings, see s. 16A. 1 ) , '7 S

-;- ... 11 {.......J .l, -;/ I r: /f- J L / 7 . /',1 G ( '" < ..-

15. Owner to be comiensated. ib. s. 22. Where stock)tffany''trliCles or 'Ji.:.:.:-things used in connection with stock, have been destr~ed by order ~ .~.I Mifli9ter er fii9 tiele~a:1:e er fin illSpeClOt under this Act, the owner shall, /~ subject as next herein provided, receive compensation fliSA' II" Fwld: 7)/'7 (.

• /\/ "-" ~'-o~ ~ (

ProvIded as follows:- ('j-/7 ~ (a) No compensation shall be payable in the case of stock unless

the animal destroyed is, after examination by a State Government veterinary officer, found to be free from disease;

(b) T-~~~~~~~~~~~IThmr~~~~--

/fh.......J stock, or the full market val

j; ",A 14_ from abroad, or QJlJ~tmI t/;/'J? . . d;

/ (c) If any carcass is destroyed by boiling down, all the products of such destruction shall belong to the owner, and the value thereof shall be taken into consideration in estimating any compensation to be paid to him;

(d) No compensation shall be payable in respect of introduced stock destroyed under this Act which are declared infected within three months after their introduction unless the owner proves to the satisfaction of the Minister or his delegate that such stock became infected after being introduced;

(e) No compensation shall be payable in the case of stock which are, pursuant to subsection lA of section twenty-five of this Act, destroyed by or under the aut~orit or on the order of

I L an ip.jpector. . } M 7 I As IaQnded -6'~ Stc( of 'i§r~'u,-~ 'tIeo. 6 No. 11, s. ; Act of 1946, 11 Geo. 6

No. 10, s. 10; Act of 1953, i'ElIz. 2 No. 17, s. 8. ..., ,

_ See ~tes on s. 14. 'II. - !.f: ~..r( ~ ___ /r'Ii.; 'Y /\~ '/ 'if-7 f ;' ~ q- ~) J / _....v / ' ~

16. '"ocal Authorities may destroy stray diseased stock. lb. s. 21. Any Local Authority may" without making compensation to the owner, cause 1 " to be destroyed any diseased stock suffering from malignant growths 7] (cancer), tuberculosis, or Pleuro-pneumonia contagiosa,i found straying upon any road or land under its control: r.)A, /f /,L -;1 (/~' u< l "i /'),oc-'-";-;J

.. /.;::c '-?"7?7,l/1)I Go- //dc/-. '~"" <4 '7-;:;' Provided that the Local Authority shall forthwith give notice of the .:.-

fact to the nearest inspector? and to the owner of the stock if such owner is ,;/1<'_"" S ';;-C

known to the Local AuthOrIty. f, 1/ ':,''''1 f/F~ For other statutory provisions relating to diseased animals, see Meat Industry

Act 1965-1969, title MEAT INDUSTRY, Vol. 11, p. 421. As to the right of the police to destroy goats found straying on roads, see

Inclosed Lands Act of 1854, s. 5, title TRESPASS TO LAND.

564 srOCK

16A. (1) Provisions dealing with abandoned, etc., horses and "brumbie ." Notice by owner to inspector, etc. Notwithstanding anything contain in any Act to the contrary, any owner of a holding who has reasonable ause to believe that any diseased or infected or decrepit or abandoned 0 'orthless horses or horses commonly known as "brumbies" are strayi g on his holding to the detriment of such holding, may give notice in wri-rlng in the prescribed form to the Inspector of Stock for the district in/which such holding is situate, or to the officer of police for such district.

/

(2) Advertisement of muster. Upon the receipt of such not' e, the Inspector of Stock, or officer of the police as the case may be, m ,at the expense of the owner of the holding, cause to be inserted twic In a local newspaper (if any), or twice in a newspaper circulating in t district, a notification to the effect that on a day to be named in suc notification, and being not less than twenty-eight clear days after th date of such n notification, a muster of all such horses straying as afores Id will be made /ft) by such owner at a definite stock or horse yard on the lding (describing / and indicating fully such yard) to which such horses s II be so mustered, !.%' ; and at which yard any of such horses so mustered c be claimed by the owners thereof. , ,

(3) Owner to make muster. The owner rna make a muster of such horses at the time and place aforesaid.

( 4) Payment by claimant of fces. Any p son establishing a claim to the satisfaction of the Inspector of Stock or 0 cer of police to the owner-ship of any horse at such muster shall, befor obtaining possession of such If,' horse, pay to the owner of the holding b whom the mwr was made, '1';~ and on the day of the muster, a mustcri charge of RftrcclitS for each horse so claimed, a' . . . _ _ .:,Qf .two

'by him,

(5) Destruction of horses. The nspector of Stock or officer of police shall attend at such muster at the ti e and place so notified, and, on the day following the day of such must ,the owner of the holding making the muster may apply to the Inspector of Stock or the officer of police present at the muster concerned, for per ission to destroy or otherwisc deal with any of such horses which were mustered as aforesaid, and in respect of which horses no claim was rna e to the owner of the holding, or in case a claim has been made, of s ch horses which, in consequence of the non-payment by the claiman of the fees prescribed as aforesaid, possession has not been obtained by he claimant; and the Inspector of Stock or officer of police, as th case may be, may grant such permission accordingly, and thereup n such horses may then and there be destroyed or otherwise dealt with ccordingly:

Provided that suah Inspector of Stock or officer of police shall be present when any of ~ch horses are destroyed.

I (6) No claim/for compensation. And it is ~ereby decl,ared that the

owner of any suc!.i horse so destroyed or otherWIse dealt WIth under the aforesaid provisi9'ns, shall have no claim for compensation or otherwise against the own r of the holding who made the muster, or against any of his servants or any other person who so destroyed or otherwise dealt with any such hor or horses, or against the Inspector of Stock or officer of police or ag nst the Crown, or against the Minister, or against any officer

STOCK ACTS, 1915 TO 1965 s.16A 565

of the Crown in respect of any such horse so destroyed 0 ~therwise dealt with anything in any Act or law or process of law. to the contrary notwithstanding:

Inspector of Stock or officer of police may take ssession of horses. Provided that any Inspector of Stock or officer of po ce as the case may be, may take possession of any of such horses so mu tered and unclaimed, and such horses shall, upon the fact of such possess·on having been taken, with a description of such horses being advertise in a local newspaper (if any) or in a newspaper circulating in the distr·ct, become the property of the Crown:

Provided always that if any branded horses 0 taken possession of are sold, the proceeds of sale less any expenses . curred by the Crown in connection with the operation of this section ay be paid to the owner of such horses on evidence of ownership satisf tory to the Minister being adduced by such owner:

Sale of unclaimed horses. Provided fur er, that any person attending the muster may apply to the Inspector 0 Stock or officer of police to purchase any horses mustered and unclai ed (and which horses but for the provisions of this proviso would hav been destroyed pursuant to the provisions of subsection five); and the nspector of Stock or officer of police is hereby granted power and uthority to sell such horses as aforesaid to such applicant at a price er horse to be computed on the expenses incurred b~pe Crown in c nection with such muster, or at a

'/' 77 minimum price of ~dollar; moreov; r, the Inspector of Stock or officer ~ i of police is hereby granted power an authority in his discretion to sell to

any person attending the muster a of such horses (which but for the provisions of this proviso would ave been destroyed pursuant to the provisions of subsection five), at price less than the price aforesaid if he is satisfied that the purchaser f such horses shall eventually destroy same. The proceeds of any sale nder this proviso shall be paid to the Crown, and the provisions of t first paragraph of subsection six shall apply and extend accordingly.

(7) Cost of muster and ttendant expenses to be borne by owner. The cost of any advertisement (other than the advertisement referred to in the first proviso to the las preceding subsection) and of any muster under this section and the co s, charges, and expenses entailed in respect of the attendance thereat of e Inspector of Stock or the officer of police, and any necessary attend an costs, charges, and expenses shall be borne and paid by the owner of t holding who made the muster, and any such costs, charges, and expen s may be recovered from such owner as a Crown debt.

(8) Owner of hold g may give notice to owner making muster. Notwithstanding any thin herein contained, it shall be lawful for any owner or agent acting 0 behalf of an owner of a holding or the owner of a horse (not being a orse of the description as set forth in subsection one of this section) to end a notice, by post letter, telegram, or otherwise to the owner of the Iding making the muster, requesting him to take possession of and to old on his behalf any horses or horse owned by or branded with the bands of such first-mentioned owner as may be described in such no ice, accompanied with a fee as based on subsection four aforesaid; and i shall be the duty of the owner of the holding making the muster to take possession of and to hold on behalf of the person

19

566 STOCK Vol. 16

sending such notice the said horses owned or so bran d for a period of fourteen days from the date of such muster, and the ner of the holding making the muster shall on demand by the first-me tioned owner within such period of fourteen days deliver the said horse to such owner or his agent or servant.

Any owner of a holding making the must who refuses or fails or neglects to comply with the provisions of this ~ction shall be liable on summary conviction to a penalty not exceedin ~'hundred dollars; or the owner of the holding or owner of a horse as aforesaid sending the notice may sue the owner of the holding making t e muster for the value of the horses in any court of competent jurisdicti

If, however, delivery of such horses s not taken by the owner of the holding or owner of a horse as aforesaid ending notice as aforesaid within such period of fourteen days, such hars s may be dealt with in accordance with the provisions of subsections five nd six aforesaid.

(9) Application to Local Au ority. In addition to the powers conferred upon a Local Authority the provisions of section sixteen of this Act, the provisions of this s ction (16A) shall, mutatis mutandis, apply in the case of a Local Auth rity with respect to horses of the nature as described in section one here f straying and causing detriment to any land, reserves, or road within the jurisdiction of the Local Authority concerned.

( 10) Districts to be pro aimed. The provisions of this section shall extend to and be in force onl in such districts of the State as the Governor in Council may from time to time by Proclamation published in the Gazette constitute or declar .

Such district may c~prise the whole of any district constituted under the provisions of the Pri cipal Act, or any division or part of the area of such district, or may co prise the whole or any divisions or parts of the areas of several distric under the Principal Act.

The Governor in 'council may from time to time in like manner alter the boundaries of anisuch district, or may abolish any such district.

( It) Limita~iO of operation during any year. Moreover in any such Proclamation onstituting any such district, provision shall be made wherein the operat ons of this section shall be limited to such portion of the year, not exce ding in any district a period of four months in any year, as shall be pres~ bed in such Proclamation, and to the intent that where there is any suc limitation of time, the provisions of this Act shall not operate in any ear beyond such period of limitation. .

/>/<,!,-"t/t '7 .iN'.)I->-;-;"II.c~ ( 12) Inspector or police offi to make 1 report: Every Inspector

of Stock or o~cer of police, as e case may be, shall send to the Under Secretary, De,iJartment of . , a report containing such particulars ~ may be prescribed of all actions, matters, or things done or performed' connection with the operation of the provisions of this section.

Inserted by Act of 1930, 21 Geo. 5 No. 35, s. 7; as amended by Act of 1960, 9 Eliz. 2 No. -zt2, s, 8.


For definitions of "owner", "disease", "horses" and "destroy", see s. 3.

STOCK ACTS, 1915 TO 1965 ss. 16A-18 567

As to the right to destroy certain animals trespassing on inclosed land, see Inclosed Lands Acts of 1854 (s. 4) and 1878 (s. 3), title TRESPASS TO LAND. See also Local Government Act 1936-1970, s. 42 (8), title LOCAL AUTHORITIES, Vol. 10, p. 500.

n rn~ sale of any cattle there shall be implied a condition which, subj t to this section, shall be binding at law upon the seller that none of su cattle are suffering from or affected with tuberculosis, brucellosis, or astitis.

Proof that any cattle suffered with or were affecte y tuberculosis, brucellosis, or mastitis at any time- /

(a) In the case of tuberculosis-within thir.tf days; or (b) In the case of brucellosis or masti~'::::"'within seven days,

W'of the date of the sale or agreement for the /ale of such cattle, or of the date of delivery thereof on or under suc sale or agreement, whichever

~ r is the later, shall be conclusive evide of the breach of the aforesaid i ' condition and the buyer shall h e his remedy against the seller ~ /1 ~ accordingly. ~.. Proof that any cattle have eacted to a tuberculin test (being a tuber-

culin test prescribed by the r ulations) shall be prima facie evidence that such cattle are suffering f m or affected with tuberculosis.

Any covenant, ag ement, or condition expressed or implied in an agreement to sell catt or in any other document or writing relating to the sale of cattle or 8e verbally in respect of the sale of cattle (whether such agreement, other document or writing, or verbal covenant, agree-ment, or condi . on was made or executed befrne, on, or after the passing of "The Dis ses in Stock Acts Amendment Act of 1945") whereby it is agreed bet een the seller and buyer that the condition expressed by this section s 11 not be legally binding as against such seller shall be absolutely void a of no legal effect whatsoever.

amended by Act of 1946, 11 Geo. 6 No. 10, s. 11; Act of 1948 (No.2), eo. 6 No. I, s. 4. Act referred to:

Diseases in c s Amendment Act of 1945, not reprinted. For d of "cattle", see s. 3.

s to the offence of selling diseased meat, see Meat Industry Act 1965-1969, s. 132, title MEAT INDUSTRY, Vol. 11, p. 500. 'j 7 ( A.s to tu.berculosis testing, see s. 25A. . __ . .' . j ), /l'1' ·71 ...... ,; 1'71", If ;-"i ....

~J/ /A,AAI{'Y:)~fJ J7/79 c/f/)rd.'~/~ A~:/;;~V-!-;,,/:~-/ IJIG//Ii'-r

. 18. Owner of travelling st~to notify inspector. (1) Every owner of stock shall, befrne starting travel or remove them any distance, obtain from the nearest inspector a permit containing the prescribed particulars. . No such permit shall be issued until the owner, if re~uired by the inspector .w?-r.«fi/S.I

so to do, furnishes to the in~pettor;-a'''I1~tj''c~'JIifwriting containing~;~.u",<./ particulars as prescribed. Such permit shall be issued and remain valid '1j7 « subject to any cond. itions which may be endorsed thereon by an inspector. ~"r.I':>'H·)

/; For the purpos~ o~ og~in~e~ s9F1}.sJ',~rmit the owner shall <;>n demand ; 'd/l}"",'

produce to the m~pec1or}lie *aybIlI of the stock referred to m the next succeeding section of thIS Act:

Provided that a permit 10 )ravel shalll>5! jJsued for the travelling of stock only where the insp~Ctor;fYf<~a'fiSfited-:tha{' the application for the permit to travel is made by the bona tid owner of such stock or his authorised agent and where, in the opinio of the inspector, a bona tide destination is intended. r /,/ ,1/ . _ . . H- /(-ti.:r /71 /~\ .... ,-'"' r '1-.=/ 0<-')

.,/ . 7' / 7i; /e../ ?t /x.., YA('_/ '/" ·;,'sr<:s..~

568 STOCK Vol. 16

f ' < Such permit shall be null and void unless the movement to which

If. I the per.mit applte3,}s ~QmBens.e_dlw!thin .the time specified on the permit by the mspectorllty wnom"such pertrlrt' is Issued.

In such notice the following particulars must be supplied:(a) The number and description of the animals; (b) The holding on which they are located; (c) The name and place of abode of the owner; (d) The route by which he desires to travel the stock; (e) The name of the person who will be in charge of the stock

while being travelled; (f) The date of the proposed departure of the stock; (g) The proposed destination of the stock; and

~ (h) The mode of transport. i'/, 7'f 0·1 't-,i;; 'e, I, h) ".;/I>~AI

Such inspector" shall thereupon forthwith give notice, in writing, to . the inspectors in all districts through or adjacent to which such route

passes, stating the particulars contained in such notice.

/

) ~ If the owner Q&.. ero\'Si' desires to alter the original route he shall ~ f . apply for such alteration to the inspector nearest to the place of proposed

divergence from the original route, and such inspector may approve of the same. Such approval, where practicable, shall be endorsed on the

permit. II / ! /" ~t,?/7Y LI/ ~tO per~lletl)ld'''0'nlll<'~lI1 in~tor shaU--mfikc any alte:alioH~vo~v:l't':~'

~rsemept oil-a r.erw1t to tra\,;ebstoek. -i,;;/77 ·./l ';,1<' r.fI.' f'1' ',n I

---:- (2) /A~wdei- b1.~0h'o desirelyr travel such stock fteatedly/v0::~ to and from neighboU[il!'g holdings or the purpose of feedin , watering, dipping, spraY~'n 'or other purpos i . . ry ~r~ c/v/j •

befor~ so trave ng.-:uch stock, ply to. th/e neare:.:!nspector fo!.a s " t.y/ permit . . ",.J.r;.,,'(. " '1~'''''I''' t"L /(''+--''?- o!\. /dl//NIN6 /!U·th( /

An applidM tor tsuch a permit shall particularize in his application the purpose or purposes for which he desires to re;eatedly travel his stock.

The inspe~t~rt\-t~-whorrt sJcli"'i;'~ppIf'fadon is made, upon being satisfied of the bon"a fides of the applicant, may in his discretion issue to such applicant a special permit which shall be subject to the provisions of subsection (1) of this section so far as those provisions are not inconsistent with the provisions of this subsection. t-~ If 14 (I: C,? 1114. i"/IV (. -;:?H<r. r. J1j!

A special permit . j.t-is....ca.ncellee by all i IIspectQl:')WG;-- ~)'4) while it subsists, shall authorise the owner concerned to travel his stock / (0 and from neighbouring holdings as often as is necessary for a purpose for which such special perm7't as Issued. /~.,~

(',4) .- '--...-J' ~1" "7 ' ~!l) - (3) Where an inspe r is of the 0 'nion that the continuance in

; , force of a permit issued pursuant to this section may lead to the spread of '''''V'' disease or may otherwise defeat the objects and purposes of this Act, the ;.,.~!~ '-{ inspector may, at any time and whether or not the permit was issued by r [I .., that inspector, cancel any such permit.

When under this section a permit is cancelled, then the person to whom that permit was issued or the drover of travelling stock having custody of the permit shall, upon demand by an inspector, deliver forthwith to that inspector the cancelled permit.

STOCK ACTS, 1915 TO 1965 ss. 18, 19 569

Penalty: Two hundred dollars or imprisonment for six months or both such fine and imprisonment.

Notwithstanding the cancellation of a permit under this section, an inspector may at any time issue a fresh permit subject to such terms and conditions as the inspector thinks fit.

As amended by Act of 1930, 21 Geo. 5 No. 35, s. 8; Act of 1936, 1 Edw. 8 No. 12, s. 2; Act of 1940, 4 Geo. 6 No. 11, s. 7; Act of 1948 (No.2), 13 Geo. 6 No.1, s. 5; Act of 1958, 7 Eliz. 2 No. 19, s. 7; Act of 1960, 9 Eliz. 2 No. 42, s. 9; Act of 1965, No. 40, s. 10.


It has been held that a permit is applicable only to the proposed departure mentioned in the notice and that it is a question of fact whether it applies to a departure some considerable time later. See Pusey v. Wagner; Ex parte Wagner, [1922] St. R. Qd. 181; 16 QJ .P.R. 94, where the interval between the notified date and the actual departure was about seven months.

There is a distinction between travelling stock without a permit and diverging from the route mentioned in a permit duly obtained. See Ashe v. Watson; Ex parte Watson, [1918J St. R. Qd. 126; [1918] Q.W.N. 27; 12 Q.J.P.R. 64.

As to right of pasturage for travelling stock, see Land Act 1962-1970, s. 375, title LAND, Vol. 9, p. 370.

-t,V1,,, ,-,::;j ) '1/'/. 19.'1)r~vers to tie provided ~ith w:~ybiU. ?4 Vic. N? .21, s. 5 .. (1) A h )1 drover of stock shall, at the tIme of hIS entenng upon hIS Journey WIth such l' ' stock as travelling stock, and at all times throughout such journey, be in

. f - + posseSSIOn 0 - Mh,<'~,f/'v S"~</"t ,'-;-;>",1'<" ' j /' ,4,~"1 .

(a) a duly completed waybil as prescribed;and A-<.<c ",< '''';-;<-''y. ·;i.J4"n',;y (b) a permit)" rescribed b secti~!l eighteen 0, f th1 is, ~.cl·f-;;7 4--=' q .:1

Where the dro~er' of stoc IC , in 'the cO't~~ 01" th<-e'" i;~ne/ /",fm,Ij"" concerned, will become travelling stock is not the actual owner of such stock the actual owner thereof or his superintendent or manager or . authorised agent shall supply such drover with a duly completed waybill v+-q ,:;,,", and permit specified in the preceding paragraph before he enters upon his }',JIII- (?t'tl

journey ~th such sto~k ~s trayelling stock. J ~'7 J .< ,,-:vl-I,"' .•

----(2) tr'a"'a%iuKs'Jo1{o~ destroyed afterit has been supplied to the :''f'~t",'/,rh'J, drover of the stock to which it refers and before completion of the journey 1}/",1 "I,') for which it has been made out the drover of such stock shall forthwith take and do all steps and things necessary to obtain for himself a duly completed waybill as prescribed in lieu of t~he NaybilLsQ lost or d_estrgyed./ (,' , JR

IJ'-t./ ~~,,( "" . '/). '/'7 .~ t!· ....... 7 r !/'"c/"-"f /'~ ..... < ffF~' (3) .A-nri: '~~, ~~~. Foree 81" iH~pectqr 81:lly ,'4 tPc<- ~(

authori~~Q ifl tlHIH;ehalhIta~ any travelling stock and any waybill i2~'i and permit relating to such stock. /~ ,,(;, j "'-...

The drover of such stock shall, upon the request of a person specified ~ '".~:2 in the preceding par~graph, subn;it for the inspection of such person suclJ-A//.'./' 'A,A.-< stock and such waybIll and permIt. (,N •• ( ,.

1", t~~ .... /~ (4) Any drover who-

(a) Fails to comply with this section; or th-l;e~~V;~;)~ (b) Travels stock by any route other than that described in 1/

permit, unless with the approval of an inspector; or (bI) Travels or r~moves ~tock contrary to any condttion endo.rs~ ~

on the permIt by an Illspector.<Y6r;r (" l....!'L, .'- F1(.:>t, , , : /' 'F ' Y /...-;1-..;.. '7',,,,- .~ ij. /.' '-<"".7_

~,1/J~

570

(c)

STOCK Vol. 16

Fails or refuses to produce the permit or waybill for . vi inspection on the request of any inspector, at' ::jw;tic;e, or tr; ; member of the Police Force, or occupier of any holding through or along which such stock are or have been travelling;

/1

or t:>/' ~ «<.A. . (d) Ref?se~ to permit any inspector, m ., 6.f/1'

.er Jl:tstlee when necessary to examine and cou t such stock; or

(e) Fails to assist at any inspection, examination, muster or count of stock when so required; or

(f) Has in his possession or charge stock not fully and accurately described in the waybill; or

(g) Sells or delivers to any person stock not fully and accurately )1? 5 (Ii des~ybed in. the waybill, p;vr;: _" f/7'1 shall be li~ble (0 lli~Ity ;ot exceeding ~ hundred dollars. / /' .

ell r:<.4,(111 (5) Any person to whom the second,1 paragraph~f subsection (1)

of this section applies who fails to compfy with the yrQvisions of that paragraph shall be liable to a penalty not exceeding tW6vl1undred dollars. 7/)

(6) Any person who purchases or receives any stock from a drover-

(a) which stock is not fully and accurately described in a duly completed waybill as prescribed; or

(b) which drover, being other than the actual owner of such stock, does not produce a written authority from the actual owner thereof to sell or otherwise dispose of such stock,

shall be liable to a penalty not exceeding ~~hundred dollars. 7;!lY (7) Where a drover sells or delivers stock to any person he shall

at the same time deliver to that person or that person's agent duly authorised to take delivery of the stock on his behalf a waybill in respect of the stock wherein the stock are fully and accurately described.

Pen~lfy~'~undred dollars. -'f/71 (8) A person who purchases or receives from any drover any stock

shall retain and preserve for a period of six months after the purchase or receipt of the stock the waybill in respect of the stock delivered to him or his agent by the drover pursuant to subsection (7) of this section and shall upon demand made at any time during that period by an inspector

r or member of the Police Force produce the waybill for inspection.

lj7 1:"-:',,,,/1 1"'1.~ 2 . (t.~ ,Penalty: l).J.m~t1 oll,ars.~ . 7'/As an1end b)VAct ofl 0, if Geo.' SNo. 35, s. 9; Act of 1948 (No.2), 13

Geo. 6 No.1, s. 6; Act of 1959, 8 Eliz. 2 No. 12, s. 4; Act of 1960, 9 Eliz. 2 No. 42, s. 10; Act of 1965, No. 40, s. 11.


19A. ss. 18 and 19 inapplicable in certain circumstances. The Governor in Council may from time to time by Order in Council published in the Gazette declare that the provisions of sections eighteen and nineteen of this Act shall not apply in respect of stock therein prescribed either generally throughout the State or within the area or areas of the State therein prescribed and, upon such a declaration for so long as the Order

I

STOCK ACTS, 1915 TO 1965 ss.19·22 571

in Council concerned remains in force, the provisions of those sections shall cease to apply in respect of such stock throughout the State or in such area or areas in accordance with the terms of the Order in Council. 6,:/7 r

Inserted by Act of 1965, No. 40, s. 12.

20. Endorsement of waybill. Any~, pQljce Qffieer;-~ inspector who, on inspecting travelling stock, is satisfied with the correctness of thewaybill, shall endorse it with his name, designation, and address.

If not correct, stock may be impounded. All such stock not fully and accurately described therein may be impounded in the nearest pound in the direction in which they are travelling (unless such pound is double the distance from the actually nearest pound, in which case they shall be impounded in the actually nearest pound), there to be kept at the expense of the owner until duly claimed by him or on his behalf, and the requirements of this Act have been complied with, and the prescribed waybill has been produced and shown to the poundkeeper, and the proper poundage fees and all other charges and disbursements incurred have been paid.

21. Drover to give notice before entering a holding. 54 Vic. No. 21, ss. 6, 7. (1) Every drover of travelling stock who intends to drive the same on or across any holding, or along any road which intersects or forms a boundary of any holding, unless such road is fenced on both sides, shall give the occupier of the holding on or across which he intends to drive stock, or of the holding which is not fenced off from such road, not more than forty-eight nor less than twenty-four hours' notice by letter to the head station or principal homestead, or by telephone, telegraph or personal notice to the occupier of the holding.

Any person in charge of any travelling stock who drives the same without giving such notice shall be liable to a penalty not exceeding Wf(r ~/c..-4 hundred dollars: 777y

Provided that notice shall not be necessary from any person in charge of horses in use at the time of travelling for the purposes of his calling.

(2) A complaint of any contravention of this section must be made by the person or persons claiming to be aggrieved within twenty-one days after the ground of complaint arose or was discovered by the complainant or complainants: Provided such discovery was made within three months after the ground of complaint arose.

As amended by Act of 1930, 21 Geo. 5 No. 35, s. 10; Act of 1959, 8 Eliz. 2 No. 12, s. 5; Act of 1960, 9 Eliz. 2 No. 42, s. 11.


For definition of "holding", see s. 3. The section in its present form overrides the decision in Dunsmure v. Williams;

Ex parte Williams (1899), 9 Q-LL 263; 9 Q-LJ. (N.C.) 114; 1 C.L.L.R 202. As to power of inspector to enter a holding, see s. 25. As to minimum distance to be accomplished by travelling sheep per day, see

Land Act 1962-1970, s. 375 (2), title LAND, VoL 9, p. 370.

~ 2~ ,

j No. 14, s. 4. Every owner of travelling sheep which, whet. '1 J are not branded with the owner's station brand otlegibly branded

/ (.-On the body with the letter T not less th ee inches in length shall for ~i I· every such sheep so unbranded 'a Ie to a penalty not exceeding five

I ! .,/" rents and not Ie" than 0 nt: -- , .....

572 STOCK Vol. 16

Provided that where travelling sheep are legibly branded with the owner's registered sheep paint brand, and such sheep-

(i) Are intended to be driven from the time of their removal for not more than forty miles to a destination; or

(ii) Are conveyed by rail or motor vehicle to a destination, it shall not be necessary to so brand such sheep:

Provided further, that it shall not be necessary to so brand sheep which are intended to be driven to a pound.

As amended by Act of 1930, 21 Geo. 5 No. 35, s. 11; Act of 1940, 4 Geo. 6 No. 11, s. 8; Decimal Currency Act of 1965, s. 11, Second Schedule.

bl II- ;1/J "";/I~L.r /;1'...,;- /)/{I;-,/ (';cj ~)/' 23. Noti~able d.iseases. ~ 1) When a notifiab~e dlse'asejexists in stock on /? f, C C G

any holdmg or 1Il travellmg stock, the prescnbed person shall- ' (a) forthwith upon his becoming aware of the existence of such

disease draft out and, as far as practicable, keep separate all stock affected with such disease from stock not so affected; and

(b) within forty-eight hours after his becoming aware of the existence of such disease give notice to the nearest inspector of the existence of such disease.

In this subsection the expression "prescribed person" means whichever of the persons in this paragraph specified first becomes aware of the existence of the notifiable disease in the stock concerned, such persons being-

(i) the owner of the stock concerned; (ii) the owner of the holding on which the stock concerned are at

the time located. , ) / / t ... /) (2) When a veterinary surgeon~~gddred as such under :~ ,'7 '

Veterinary Surgeons Acts, 1936 to ~," diagnoses a notifiable disease i~ stoc~ on ~ny h?lding or in travelling st~ck (whetgFA-!!\ m~j.i.ng,c7Ufh;;; ... ,Au

diagnOSIs he IS actmg as an Approved Vetennary Surgeon" ullc1erlliis Ad (- ,/~" or in his own practice) he shall, within forty-eight hours after making such ' "" • diagnosis, give notice to the nearest Government Veterinary Officer of the [(I existence of such disease. ,:,d 4/" l<",,-neff!.';

When such veterinary surgeon is an Approved Veterinary Surgeon /, f...:""~' the duty imposed upon him by this subsection is in addition to the duties (,.1',; imposed upon him by section 25A of this Act.

(3) The Governor in Council may from time to time by Order in Council published in the Gazette declare that the provisions of this section shall not apply in respect of the notifiable diseases therein prescribed either generally throughout the State or within the area or areas of the State therein prescribed and, upon such a declaration for so long as the Order in Council concerned remains in force, the provisions of this section shall not apply in respect of such a notifiable disease throughout the State or in such area or areas in accordance with the terms of such Order in Council.

Substituted by Act of 1965, No. 40, s. 13. Act referred to:

Veterinary Surgeons Acts, 1931 to 1964. title VETERINARY MEDICINE.

24. Swine. If swine are kept on any holding or premises in such a condition as to endanger the health of such animals, the inspector may order, in writing, such holding or premises to be forthwith placed and thereafter kept in a sanitary condition to his satisfaction.

ss.22-25 573

25. Powers of inspector. 60 Vic. No.1, s. 17. (1) An inspector may at any time, with or without assistants and with such vehicle or vehicles and equipment, plant and instruments as he may consid_er necessary for the proper d(isI.c)harge of his duties - ~, ,-. ',),::,/'f;~

remises to

, ~", to take- possession of SLock~ ---I ~9rGaf&--ift=ure5pect of which, in Ids opimo14-.an~e.~

, ""aiul>t tbis -Aet-has: been coIlffiill1ffCQL is hn;~n M""'mitted O[ rT"cu,

~:, ;p-" , .. ' :: _ l /,;; to eotlnt-ttrestOCTtfiereOn or to inspect ~ flock, / , h40r lieJXLh6ok, and do=ftflY=ott'hose things; .710-: ~---f /f-(/I> )

, ... (ii) Stop and detain travelling stock for the pufP6~e' of examining (~/,-::and/ or testing for disease such stock or stop and detain any / / ,-

carcass which is being conveyed by any means whatsoever for the purpose of examining same;

(iii) Examine and/or test for disease and detain travelling stock or any carcass which is being conveyed by any means whatsoever until this Act is complied with to his satisfaction;

(iv) Order travelling stock to be forthwith taken back to any place or district from which they have been or are being removed or order any carcass which is being conveyed by any means whatsoever to be forthwith taken back to any place or district from which it has been or is being removed;

(iva) Upon the 3lltbGrity of the Minister, order an OWlIer to canse

~~rtf~: ~~t1!3~a~I~I:;iHg to); -cl~er"~d ~o hOld? ~J ) I _ (ivb) Question, with respect to matters under this Act, the oW-ner

or occupier of any premises or holding, the owner or person apparently in charge of any stock, every person whom he finds in or on any premises or holding, and every person who has been within the preceding six months employed in or on any premises or holding to ascertain whether this Act has been or is being complied with and require any such person to answer the questions put and to sign a declaration of the truth of his answers;

(v) Impound or quarantine any stock which, in his opinion, are or are suspected to be diseased, or where, in his opinion, there is a, risk of the stock g~ing or st:aying to or coming, in It ~.;:., contact WIth stock free from dIsease or Impound or '1Hara;gtme,! . any careass which, in his opiniOI), is or is suspected to be c <-:) ~

(VII diseas~?,(.-... , .. ,:' t,-~t.:... ~: /L I ]~I 71;,Y,/~.r ---""(;'fA~) An inspector maf at an~rn/'order the immedi.<rte destruction~ ... 5 and disposal by an owner thereof (nrid~ if he thinks fit, may specify in his "/T," . order the means by which either or both of those things shall be carried "'~""5'~ out) of any travelling stock which in his opinion are in a moribund state fo!Y',;r;·/£ or are so seriously injured as to be incapable of being either travelled 01' ~ A'(~ travelled without cruelty. / t.f/L'

If an owner is not present or for any other reason the inspector considers it necessary so to do, he may destroy and dispose of, or cause to be destroyed and disposed of, any stock so found, in which cases the owner thereof shall be liable to pay all expenses reasonably incurred in the destruction and disposal of such stock, and any such expenses unpaid by such owner may be recovered by an inspector from him by action as for a debt in any court of competent jurisdiction.

574 STOCK Vol. 16

The provlSlons of section twenty-seven of this Act shall not apply with respect to any order under this subsection of an inspector.

/. (2) ~ allY stQGk ?r. carcasses S8 ifflPOtl1l9Cd 01 qua!antined are I,It-J found to be dIseased, the Mmister or an offic 'mment to whom

/

_ 1 ... the Minister has by writin such power either generally or in '{II J '!" ~espec~ of the s arcasses in question (which delegation is hereby

In that event the Ministcr or such delegate shall forthwith give notice of the fact to the owner of the stock or carcasses if the owner is known to him .

.J, (3) AILstock or carcasses so impOlJnded which ilrc ngt diseased U /1'......,-./ shall, after the expiration of twenty-one ifrmpounding, / / I '-,.< ~ - if they are not soo~~u;;laifflett n duly released, be sold, destroyed, or [', { {<//)-retfle~ ai~PQsi'H,0--~frtMM-i.l:Ii~terdjre~~_<-/ i-;l..),I..,r ,.'::.A.CC({ /'"

/j The proceeds, if any, arising from sucIi ale, defuuction, or disposal/~" 74> shall, after payment of the expenses of impoun ing and of sale, destruction, I2Z" or disposal, be paid to the owner of the stock he is known, c,' 'J

and if he is not known shall b.S Raid t~fte ercdp'of:!pe)1JIId", ,'", "'~ Save as aforesaid, all stUKJ~mpou~de'J ~h;f( be '''rl:a'f{;,Tth in all C-"

respects as if they had been impounded by a proprietor under the laws in force relating to impounding of stod, 'r- ~ J /C, (' .L'>"~"'r.0 ",,.,-4/--..

/,. ,.; .... ;;:;.... #,-_~ /. /- ('",,At~(f (4) The inspector who impo ds or qJ.tajantmes ~~HYettrett~~ );.1 ~t::

under this section or takes any action under" subsectio~·t~i;<1& this sectioyZ" shall forthwith give notice of the fact to the Chief Inspetttfr.',/i(JA-) ~/

As amended by Act of 1930, 21 Geo. 5 No. 35, s. 12; Act of 1940, 4 Geo. 6 No. 11, s. 9; Act of 1946, 11 Geo. 6 No. 10, s. 12; Act of 1952, 1 Eliz. 2 No. 39, s. 7; Act of 1953, 2 Eliz. 2 No. 17, s. 9; Act of 1958, 7 Eliz. 2 No. 19, s. 9; Act of 1959, 8 Eliz: 2 No. 12, s. 6. _ /'" t:..,...,., ...... ..;1[./ ~yh

25A. Testing for and destruction of stock affected with tuberculosis. (1) Any Governm t Veterinary Ollicer or Approved Veterinary Surgeon may at any time, wi or without assistants and with such vehicle or vehicles and equipment, nt and instruments as he considers necessary for the proper discharge a his duties enter any holding or premises and there inspect and test all s ck found by him for the purpose of ascertaining whether or not any of t m are affected by tuberculosis.

(2) The occupier or, . there is no occupier, the owner or, if neither the owner nor the occupier is esent at the holding or premises, the person

I 17< apparently in charge of the ho ing or premises shall aid in such entry,

L y inspection, and testing and for t t purpose shall, if so ordered by the 1/ Government Veterinary Officer or proved Veterinary Surgeon, muster

.' all or any stock upon the holding or p mises and shall do and execute all such other acts, matters, and things as y be reasonably required by the Government Veterinary Officer or Approv Veterinary Surgeon.

(3) The power conferred upon a Gove ment Veterinary Officer or Approved Veterinary Surgeon under this sectio to inspect and test stock in or upon any holding or premises shall include e power to make such inspection and/or test of every head of stock found' or upon the holding or premises as to him shall appear necessary or desl ble and to identify by the insertion of an ear tag or by some other mean approved by the Chief Inspector any such head of stock. "'.,.

"'...,

STOCK ACTS, 1915 TO 1965 ss. 25, 25A 575

(4) Where a Government Veterinary Officer finds in or upon any holding or premises any stock affected by tuberculosis he may-

i) Mark or brand such stock in the prescribed manner with the prescribed mark or brand; and By an order in writing under his hand order the destruction of such stock.

Where a Approved Veterinary Surgeon finds in or upon any holding or premises an stock affected by tuberculosis he-

(i) Ma or, if thereunto required by his agreement with the MinI ter, shall mark or brand such stock in the prescribed mann~ith the prescribed mark or brand; and

(ii) Shall, mediately upon completion of the test, forward a certificat of such finding and of such other particulars as are required ~ his agreement with the Minister to be certified to therein to tl;le Chief Inspector of Stock or, if such test has been made in a dJstrict where a Government Veterinary Officer is stationed, to \such Government Veterinary Officer.

The Chief Inspector 6{ Stock or any Government Veterinary Officer may thereupon by an order to writing under his hand order the destruction of such stock. \

\

For the purposes of this s~tion, a positive reaction by any stock to a tuberculin test (being a tubercu~n test as prescribed by the regulations) shall be evidence that the stock ',0 reacting are affected by tuberculosis, and in the absence of evidence to rebuttal thereof shall be conclusive evidence of such matter. \.

(5) The order directing the d't\struction of any stock affected by tuberculosis may prescribe the mannd·\. in which, the time within which, and the person by whom such stock shalf\be destroyed and for that purpose may direct either that the stock be destrOyed by or under the supervision of the person named therein at the holding\or premises in question or that such stock be delivered at such time and pl\lce as are specified therein to a person named therein for destruction. \

(6) The power to make an order under sh,bsection four of this section shall include the power to make such one or \{TIore orders as the Chief Inspector of Stock or Government Veterinary O(ficer deems necessary in the circumstances. \

(7) An order made under subsection four d{ this section shall be given by the Chief Inspector of Stock or Governm~nt Veterinary Officer to the occupier or, if there is no occupier, to the owh,.er or, if neither the owner nor the occupier is present at the holding or premises, to the pcrson apparently in charge thereof: \

Provided that an order so given to a person appare\~IY in charge of the holding or premises shall be deemed to be duly given to e occupier or, if there is no occupier, to the owner thereof and shall have f ce and effect accordingly.

(8) (Repealed.) \. (9) Any owner, occupier, or person apparently in char~of any

premises or holding who contravenes or fails in any respect to comply with the requirements of an order issued by the Chief Inspector a '. Stock or a Government Veterinary Officer under subsection four of this sehtion, shall be guilty of an offence. \\

Penalty: 'Hro hundred dollars. -? W 77' , 6vty I

576 STOCK Vol. 16

Upon a failure in any respect to comply with the equirements of such an order and without prejudice to any proceeding which may be taken upon such failure, the Minister may, after the ex iration of seven

/'1' days from the date of such failure, direct in writing an nspector to enter IL upon the premises or holding to which the order rela s and destroy or

cause to be destroyed the stock specified in the order.

For the purposes of such destruction the inspect r may, if he thinks l' fit, remove or cause to be removed any such stock t any other place.

I I

""","...-.v (10) Any person who, except for the purpose pf complying with the C, / order hereinafter in this subsection mentioned, removes or attempts to

f -s'remove or, who procure~ or attempts to procure Of removal of any stoc.k {i 1 affected With tuberculosIs the subject-matter of aij order made under thiS

section from the holding or premises in or upo~ which such stock were found by a Government Veterinary Officer or 'an Approved Veterinary Surgeon shall be guilty of an offence and liablti to a penalty of not more

"7l '!t./ than:J:! hundred dollars. , / ( ( 11) Any person who removes, alters, defaces, renders illegible, or

blotches or attempts to remove, alter, defaceJender illegible or blotch any brand or mark branded or marked upon lany stock by a Government Veterinary OfIicer or an Approved VeterinaJy Surgeon under the authority of this section shall be guilty of an offenc1' and liable to a penalty of not more than Wffl hundred dollars. i

7 ct,' hi ("'IV'; / ! (12) Any person who obstructs ~r attempts to obstruct or who procures or attempts to procure the obsyruction of the entry by a Government Veterinary Officer or an Apprpved Veterinary Surgeon for the purposes of this section into or upon any holding or premises or the inspection and testing by a Governmcgt Veterinary Officer or an Approved Veterinary Surgeon of any stock fou,hd upon any holding or premises or who, being required by or in pursua ce of this section to aid in such entry,

'1/ u- inspection, and testing, fails so to;cd shall be guilty of an offence and liable " 'j 1 r to a penalty of not more than ,"" undred dollars and if such offence is

continued after a conviction there or, liable to a penalty of not more than twenty dollars for every day duro , g which the same is so continued.

For the purposes of this su section the term "Government Veterinary Officer" and the term "App ved Veterinary Surgeon" include every assistant whom the Governme Veterinary Officer or Approved Veterinary Surgeon as the case may be, as with him.

(13) The right of en y conferred upon a Government Veterinary Officer or an Approved Ve rinary Surgeon under this section shall include all such right of ingress, ress, or regress upon or from any holding or premises, and either for himself or his assistants, as the Government Veterinary Officer or e Approved Veterinary Surgeon shall think necessary for the purpos,ts of the proper inspection and testing of all stock found upon such holdi~ or premises.

section shall pay to th, Under Secretary, De 0 Primary Industries, for such inspection and test such nt as IS prescribed if-

,I I ttl! (a) he is a , er of milk or cream upon which an assessment / L,!~. e ~nd levied under section 7 A or 7B of this Act subsists; }fi .

STOCK ACTS, 1915 TO 1965 SS. 25A, 258 577

(b) at the time of such' ix months ~.~~~~~~~~~elP~a~yTrm~en£t~o~f~s~u~c~h~a~s~s:e~ss~m~e~n~t~,~~~:e~~~:

'- fiHe! not otherWISe. Inserted by Act of 1944, 9 Geo. 6 No.6, s. 6; as amended by Act of 1946,

II Geo. 6 No. 10, s. 13; Act of 1948, 12 Geo. 6 No. 19, s. 5; Act of 1958, 7 Eliz. 2 No. 19, s. 10; Act of 1959, 8 Eliz. 2 No. 12, s. 7; Act of 1960, 9 Eliz. 2 No. 42, s. 12; Act of 1965, No. 40, s. 14.

r Decimal currency references substituted pursuant to section 7 of Decimal L <./ l~Cur)~?Cy ~ctlf 19~ ); - '>

I /y~ , , 7 ._-/:.:..s--------------,. 25~on~--rT)lhe owner of any bull, COW, heifer, or bu or female' calf destroyed pursuant to an order made under section 25A 0 this Act shall be entitled to be paid compensation in accordance wi the provisions of this section if, and only if,-

(i) Such owner was at the date of any inspection and test consequent upon which the said order for destr tion of the stock was made a producer of milk or cream on which an assessment was or might have been made and ,levied under the provisions of section 7 A of this Act or unsth an agreement entered into pursuant to the provisions oJ/section 7B of this Act; / Such owner was not at the date of the/laid inspection and test more than six months in arrears in respect of the payment of the whole or any part of any asse~~ment made and levied as aforesaid; and/

I

(iii) All claims for compensatiol).( accompanied by all such information as may be pre~ribed by the regulations, are lodged in writing with the /Onder Secretary, Department of Agriculture and Stock, OJ;lor before the thirty-first day of December, one thousaf\rl nine hundred and fifty-eight or within twelve months lifter such destruction, whichever is later.'

(2) Subject to subsection' one of this section the amount of compensation payable under tbis section shall be in accordance with the following scale, namely:-

------.. _--

Description of/beast Amount of compensation - .. --' ---~- ------ ----,1- -- -

/ $ c Bull aged two years or qtler 12.00 Cow , ' ./ ' , 12.00 Bu~l over twelve mon)Hs and under two years old 6.00 Hetfer . /' , , . , , , , , I 6,00 Bull or female calf , __ ,,_, ._~. ___ ~·~I_. ___ ~.~ __ _

(3) For /({e purposes of this section heifer means a young cow which has not had calf and a calf means the young of a cow which is not less than six no more than twelve months old.

( 4) If any dispute arises as to the age of any head of stock in respect of whi compensation is payable under this section the decision of a Gove ment Veterinary Officer or an Approved Veterinary Surgeon as to suc age shall be conclusive of the matter unless the claimant for co pensation produces a record in writing of such age made at the time w en the head of stock in question was boru

578 STOCK Vol. 16

Inserted by Act of 1944, 9 Geo. 6 No.6, s. 7; as amended by Act of 1946, 11 Geo. 6 No. 10, s. 14; Act of 1948, 12 Geo. 6 No. 19, s. 6; Act of 1948 (No.2), 13 Geo. 6 No.1, s. 7; Act of 1958, 7 Eliz. 2 No. 19, s. II.

Decimal currency references substituted pursuant to section 7 of Decimal Currency A~E~7c~/ )~/ I:; 26~ating stock 60 Vi~6. 1, s. !O. (1) An Inspector may order that all stock before they are removed from an infected are all be treated to his satisfaction.

(2) The owner of the stock shall pay to the insp or the prescribed fees in respect of all stock treated at a Governme dip or station or by

Ii / an inspector. .... / IV J (3) An inspector may order- . . / ~ (i) Any stock which in his opinion are infected; or

(, i .. f j (ii) As a precaution apiiist the spread of any disease from stock /1' J . infected or su eted by him to be infected to any other stock, such oth ock,

to be treated to . satisfaction by any owner thereof in any prescribed or other manne nd within such time as he may specify in the order.

( 4 ) he provisions of subsections two and three of this section shall have application with respect to any stock whtilllerthe stock are on an infe~ed area or not.

s alfiended by Act of J 940, 4 Geo. 6 No. 11, s. 10; Act of 1954, 3 Eliz. 2 No. 22, s. 5. ~V / --

"Treated" is defined in s. 3. . /1---< ~7-'\ ~} <J

26A. Powers for prevention or checking of the~ead from infected areas of disease, etc. ( 1) Whenever the GMn jn Coaficil deems it L .j / ?ecessary to do so for the prevention (w ~~~fin?, of, t~e spreae! frorp ag'y,:c 1/ mfected area of any disease, he may by Older 1ii C!bmSf!l1'\1eefare that The ("I j t/ provisions of this section shall apply with respect to that infected area, J and thereupon the provisions of this section and of the Orders in Council and regulations made for the purpose:vl}~~f and. for the time being in , ./!, force shall apply, until the ftFstmepti6±!{!,f'ortf'/SI'f C. "wcil is revoked, <:i / with respect to that infected area accordingly, and no person shall have / any right or remedy in consequence of the lawful application thereof.

(2) (a) No person shall go into, through, or out of any infected area with respect to which this section applies except under the authority of and in compliance in every respect with the provisions prescribed.

(b) No person shall move or cause or permit to be moved into, through, or out of any infected area with respect to which this section applies-

(i) Any animal; or (ii) Anything likely to spread disease,

except under the authority of and in compliance in every respect with the provisions prescribed.

(c) Any person who contravenes or fails to comply with any provision of this subsection shall be liable to a penalty of not exceeding one thousand dollars.

(3) For the purposes of this section and without limiting the general power to make regulations conferred by section thirty-one of this Act, the Governor in Council may from time to time by Order in Council, or by regulations made under that section, prescribe either generally or to meet

STOCK ACTS, 1915 TO 1965 ss.25B-26B 579

particular cases such provisions as he deems necessary or desirable, including, but without limiting the generality of the foregoing provisions of this subsection, for all or any of the following purposes:-

(i) For prohibiting, regulating, and controlling the movement of persons, animals, and things likely to spread disease (whether animate or inanimate) into, within, through, or from infected areas; /?,4,l7S C/;; --;;I'<~ (),. ),';-r OIl

(ii) For prescribing and regulating the disinfection ofAhe clothes C'/~ of persons being in infected areas and the use of' precautions against the spreading of disease by such persons;

(iii) For prescribing and regulating the issue and production of

I licenses respecting movement in relation to infected areas; 1 ~/ 7· (iv) For prescribing and regulating the cleansing and disinfection I with respect to movement in relation to infected areas;

(v) For prescribing the restraint and supervision to which animals in infected areas are to be subject;lJ/.f(1'rlv <-rrt>N

(vi) For prescribing and regulating the seizure, detention,/and disposal of animals and things moved in contravention f)f the prescribed provisions;

(vii) For making provision for and with respect to the payment of compensation, in such cases as the Governor in Council deems desirable, arising out of the execution of this section, including any Order in Councilor regulation made hereunder, including the regulating of applications for, and the mode of payment

~(/r II ., of such "cjlmpensation; and ~ CJe'i1e"ra1ry~r .A1e:" pu~ose of preventing or checking the (1;( lsprea,d Of,d::;£'se se from or wi~hin infected areas.

/V~¥' :. .:. _/~ /<. .7· The power to pr criDe such provisions shall include power to

prescribe any provision so that it may be of general or specially limited application according to persons, animals, things, place, or circumstances, or otherwise as is prescribed.

Inserted by Act of 1954, 3 EIiz. 2 No. 22, s. 6; as amended by Act of 1965, No. 40, s. 15.


26B. Boarding kennels. (1) This section shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.

(2) (a) Subject to the provisions of paragraph (a) of subsection four of this section, the Chief Inspector from time to time may grant and renew, and approve of the assignment and transfer of, boarding kennel licenses under this Act of the following kinds:-

(i) A boarding kennel (ordinary) license; (ii) A boarding kennel (veterinary) license.

(b) A boarding kennel (ordinary) license shall while in force authorise the holder thereof, subject to compliance in every respect with the conditions prescribed for licenses of that kind, to use the premises in respect of which that license is granted as a boarding kennel, but shall not authorise the holder to use or allow to be used those premises for the treatment by any person whomsoever of any dogs or cats received therein.

580 STOCK Vol. 16

(c) A boarding kennel (veterinary) license shall while in force authorise the holder thereof, subject to compliance in every respect with the conditions prescribed for licenses of that kind, to use the premises in respect of which that license is granted as a boarding kennel and also to use and allow to be used those premises for the treatment by any person or persons of all or any dogs and cats received therein.

(d) Every application for the grant of a boarding kennel license under this Act or for the renewal thereof, or for the approval of any assignment or transfer of a boarding kennel license, shall be made to the Chief Inspector and shall be in the prescribed form or a form to the like effect and contain such particulars and information as may be prescribed and shall be accompanied by the prescribed fee:

Provided that the Chief Inspector from time to time may waive the prescribed fee payable upon any such application, if he is satisfied that no fee or other valuable consideration is charged and received for the reception and care of dogs and cats in the boarding kennel in question, or under such other circumstances as may be prescribed.

(e) Every boarding kennel license under this Act, including every renewal thereof, shall be in force, subject to this Act, for such period as may be prescribed, and shall be deemed to be granted or assigned or transferred, as the case may be, subject to the conditions prescribed for licenses of the kind in question.

(f) No boarding kennel license under this Act shall be capable of being assigned or transferred except with the prior approval of the Chief Inspector, and any assignment or transfer otherwise than with such approval shall be absolutely void.

(3) (a) No person shall at any time use any premises as a boarding kennel unless he is then the holder of a current boarding kennel (ordinary) license or boarding kennel (veterinary) license under this Act granted in respect of the premises in question.

(b) No person shall at any time use or allow to be used any boarding kennel for the treatment by any person whomsoever of any dog or cat received therein unless he is then the holder of a current boarding kennel (veterinary) license under this Act granted in respect of the boarding kennel in question or unless he is excused by the regulations.

(c) The provisions of this subsection shall apply with respect to all boarding kennels, whether established before, on, or after the coming into operation of this section.

(4) (a) No boarding kennel (veterinary) license under this Act shall be granted unless there is provided, in compliance in every respect with the regulations, if any, in that behalf or, in so far as not so prescribed, to the satisfaction of an inspector, in the premises in question and separate from the accommodation provided for other dogs and cats, suitable accommodation for all dogs and cats received in those premises and requiring or undergoing treatment.

(b) Without limiting the power to prescribe conditions subject to which all or any boarding kennel licenses under this Act shall be subject. every boarding kennel (veterinary) license under this Act shall be held subject to all the following conditions:-

(i) That the separate accommodation referred to in paragraph (a) of this subsection shall, subject to all orders in that behalf

STOCK ACTS, 1915 TO 1965 s.26B 581

of inspectors, be maintained at all times in the boarding kennel in respect of which the license is granted by the holder of that license;

(ii) That all reasonable precautions shall be taken at all times by the holder of that license, in respect of all dogs and cats received in such boarding kennel, to prevent the spread of infectious diseases (whether a disease within the meaning of section three of this Act or not);

(iii) That no dog or cat shall at any time be received into such boarding kennel for the purpose of undergoing treatment, except on the production of a prior written au1Jlority of a veterinary surgeon within the meaning of ,,~~ Veterinary Surgeons Acts, 1936 to J.9.+6l-" and <.. -t/ 7 r

(iv) That the treatment of evefy) Jog and every cat received into such boarding kennel for the purpose of treatment, shall be at the direction of the veterinary surgeon as aforesaid who authorised the reception of such dog or cat, as the case may be.

(c) In addition to any forfeiture or suspension to which the boarding kennel license may be liable upon a breach of any condition subject to which that license is held, the holder of any boarding kennel license under this Act who fails to comply in any respect with any such condition shall be guilty of an offence against this Act and may be proceeded against for that offence accordingly.

(5) Any person who contravenes or fails to comply with any provision of this section shall be gyilty of an offence against this Act and liable to a penalty not exceeding ~'1fundred dollars. 7 ;/ 7,y-

(6) In this section, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say-

"A boarding kennel"-Premises for the reception and care therein of any dogs or cats or dogs and cats belonging to persons other than the occupier of, or persons (if any) residing on, those premises, or, belonging to such occupier or residents, of a number which exceeds such number as may be prescribed, whether the premises are used for the purpose aforesaid temporarily or permanently or whether any treatment of all or any of those animals received is carried out or not or whether the premises are used for any other purpose or not;

"Holder"-In relation to any boarding kennel license under this Act, the person who for the time being is the lawful holder thereof by grant, assignment, or transfer in pursuance of this Act.

In this section the term "treatment" shall not have a meaning corresponding to the meaning assigned by section three of this Act to the term "treated." If the Governor in Council considers it so necessary or desirable, he may by the regulations define for the purposes of this section the meaning of the term "treatment".

(7) For the purposes of this section and without limiting the general power to make regulations conferred by section thirty-one of this Act, the Governor in Council may from time to time by regulations made under that section prescribe either generally or to meet particular cases such

582 STOCK Vol. 16

provlSlons as he deems necessary or desirable, including, but without limiting the generality of the foregoing provisions of this subsection, for all or any of the following purposes:-

(i) Providing for, regulating, and controlling the licensing of boarding kennels; the renewal from time to time and the assignment and transfer of such licenses; fees payable upon applications for the grant of such licenses and for the renewal thereof and for approval to the assignment and transfer thereof; the period for which such licenses and renewals thereof shall remain in force; the cancellation and suspension of such licenses; and for the prohibition of the reception, care, and treatment, or any of these acts, of dogs and cats in boarding kennels in respect of which boarding kennel licenses under this Act are not in force;

(ii) Providing for the inspection, cleansing, and disinfection of boarding kennels and articles and things therein;

(iii) Prescribing the powers of inspectors; (iv) Providing for the furnishing of information by those

managing boarding kennels; (v) Providing standards for the provision and maintenance of

accommodation for dogs and cats in boarding kennels suitable as respects size, cleanliness, and otherwise as prescribed, including, but without limiting the generality of the aforegoing, standards for appurtenances thereto and appliances therein, and for facilities for isolating infected dogs and cats therein; and

(vi) For securing that dogs and cats therein will at all times be kept in suitable accommodation and be adequately supplied with suitable food and drink and (so far as necessary) visited at suitable intervals, and that all reasonable precautions will be taken to prevent the spread among such animals of infectious diseases (whether a disease within the meaning of section three of this Act or not);

(vii) Prescribing all or any matters and things which by this section are required or permitted to be prescribed.

The power to prescribe such provisions shall include power to prescribe any provision so that it may be of general or specially limited application according to kinds of boarding kennel licenses, persons, animals, place, class, or circumstances, or otherwise as prescribed, and without limiting the generality of the aforegoing, regulations may differ in respect of the different classes of boarding kennels and the different kinds of boarding kennel licenses.

(8) After the passing of "The Stock Acts Amendment Act of 1954," and before the coming into operation of this section regulations may be made for the purposes of this section (to take effect from the date of publication of those regulations in the Gazette) and applications for boarding kennel licenses under this Act may be made and fees thereupon shall be payable, and all powers may be exercised, as may be made, paid, and exercised after the coming into operation of this section, for the purpose of enabling boarding kennel licenses to be issued immediately upon this section coming into operation, and for that purpose this section shall be deemed to come into operation upon the passing of "The Stock Acts Amendment Act of 1954."

STOCK Acrs, 1915 TO 1965 SS. 26B, 26c 583

. (?) Nothingli~ this. section contained shall be deemed to affect the prOVlSlons of "~"Vetennary Surgeons Acts, 1936 to U).462-'. /f'J J .

Inserted by Act of 1954, 3 Eliz. 2 No. 22, s. 7. Commenced 1 July 1957 (Proclamation, Gazette 22 June 1957, p. 1105). Decimal currency reference substituted pursuant to section 7 of Decimal

Currency Act of 1965. Acts referred to:

Veterinary Surgeons Acts, 1936 to 1964, title VETERINARY MEDICINE. Stock Acts Amendment Act of 1954, not reprinted.

26c. Artificial insemination. (1) This section shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.

(2) Artificial Insemination Advisory Committee. For the purpose of assisting in the improvement of the livestock industry in Queensland through artificial insemination of stock, the Minister may constitute a Committee to be called "The Artificial Insemination Advisory Committee" hereinafter in this section referred to as "the Committee".

(3) Constitution of Committee. (a) The Committee shall be deemed to be constituted on and from the date of the first appointment of the members thereof.

(b) The Committee sbll consist of the prescribed number of members appointed by the Minister by notification published in the Gazette.

(c) The members of the Committee shall hold office at the pleasure of the Minister.

( 4) Powers, duties, etc., of Committee. The Committee shall, subject to this section, have power and authority to assist the Minister in an advisory capacity in matters relating to artificial insemination of stock in Queensland and shall exercise, perform and undertake such further powers, duties and responsibilities in connection with the regulation and control of artificial insemination of stock as the Minister may from time to time confer or impose upon the said Committee or as may be prescribed.

(5) Establishment of artificial insemination centres. The Minister may, subject to the provisions of this section, authorise the Chief Inspector to establish one or more centres for the purposes of artificial insemination of stock. Such centres shall be called artificial insemination centres and

1~h~al~l~b~e~u~n~d~e~r~t~:e~s;up~e~r~V~iS~!~0~n~0~f~~~~~~~~~~~~~~~~~tf/)~ "The ts, II .4936 to 1946," who is qualified as prescribed -e) the l"HlV1~lons of snbJiHlragraph (i) 9f stlBseetiofl: Ofl:e of seetteB §lighteen gf that Aet, afl:d ,+,.4:19 is--. Y-

o an officer gf the DBpartm@Bt gf ilgricnltme and Stock. ~~;~"",,$': ..... (6) (a) Grant of licenses and certificates. The Chief InspectoY.t'haf (

from time to time, grant, renew and transfer licenses for artificial insemination distribution centres and may grant and renew certificates for artificial inseminators under this Act.

(b) Distribution centre. An artificial insemination distribution centre license shall, while in force, authorise the holder thereof, subject to compliance in every respect with the terms and conditions prescribed to be implied in a license of that kind, to use the premises in respect of which the license is granted for such of the processes of storing, diluting,

584 STOCK Vol. 16

examllllllg, preparing, packing, distributing and selling of semen as may be approved by the Chief Inspector in respect of such premises and specified in the license.

e c) Artificial inseminator's certificate. An artificial inseminator's certificate shall, while in force, authorise the holder thereof, subject to compliance in every respect with the terms and conditions prescribed to be implied in a certificate of that kind, to perform the operation of artificially inseminating stock.

e d) Form of license or certificate. An artificial insemination distribution centre license and an artificial inseminator's certificate shall be in or to the effect of the form prescribed in each instance, and unless sooner cancelled or suspended, shall remain in force for a period of one year from the date of issue.

(e) Renewal of license or certificate. A license or a certificate may be renewed and upon such renewal shall, unless sooner cancelled or suspended, remain in force for a further period of one year.

(f) Transfer of license. A license may be transferred upon the application of the transferee and with the consent of the holder of such license.

(7) Applications for license or certificate. (a) Every application for the grant, renewal or transfer of a license or the grant or renewal of a certificate, shall be made to the Chief Inspector and shall be in the prescribed form or a form to the like effect and shall contain such particulars and information as may be prescribed and shall be accompanied by the prescribed fee.

(b) Chief Inspector may grant license or certificate. The Chief Inspector may, in his discretion, grant or refuse any application made under this section for the grant, renewal or transfer of a license or the grant or renewal of a certificate.

(c) Cancellation or suspension of license or certificate. (i) The Chief Inspector may suspend or cancel any license or certificate if, in his opinion, the holder thereof-

(A) Fails in any respect to comply with the terms and conditions prescribed for such license or certificate; or

(B) Fails to carry out any lawful order or direction issued under this section; or

e C) Is convicted of an offence against this Act. (ii) Suspension of a license or certificate shall whilst it is in force

have the same effect as a cancellation of the license or, as the case may be, certificate and the Chief Inspector may, when suspending a license or certificate, fix the period of its suspension or he may suspend it without fixing the period of its suspension.

Suspension of any license or certificate shall not extend, upon the termination of that suspension, any period during which that license or, as the case may be, certificate would ordinarily have remained in force if it had not been so suspended.

(iii) Where the Chief Inspector has upon any date suspended a license or certificate without fixing the period of its suspension, the onus of proof that such license or, as the case may be, certificate is in force at any later date shall be on the defendant, but without prejudice to the right

STOCK ACTS, 19 I 5 TO 1965 s.26c 585

of the prosecutor to adduce evidence proving or tending to prove that such license or, as the case may be, certificate is not in force at that later date,

(iv) On cancellation, the license or certificate affected thereby and all rights, interests, and privileges thereunder shall absolutely cease and determine,

(v) Without limiting the mode of cancelling or suspending a license or certificate, any license or certificate may be cancelled or suspended by notice published in the Gazette,

(vi) The Chief Inspector may cancel or suspend any license or certificate for failure by the holder thereof to comply with any term or condition of the license or certificate notwithstanding that such holder has not been proceeded against for any offence constituted by such failure,

(vii) Any license or certificate granted under this Act may, upon notice in writing thereof to the Chief Inspector, be surrendered,

(8) Offences. (a) Any person who uses any premises or other place whatsoever other than an artificial insemination centre established under subsection five of this section, for the process of collecting semen shall be guilty of an offence against this Act. r::, v,:;. 7 '1/"7 '/

Penalty: ~ hundred dollars. I

(b) (i) Any person, not being the holder of a current artificial insemination distribution centre license authorising him so to do who uses any premises or other place whatsoever not specified in that license for any of the processes of storing, diluting, examining, preparing, packing, distributing or selling of semen shall be guilty of an offence against this Act. ,~, ./C~

Penalty: 'MIo hundred dollars. 7?/ );/ (ii) Any persov..(not being a veterinary surgeon under )}r9, .,within

the meaning of '~''Ieterinary Surgeons Acts, 1936 to ~,' 'or the holder of a current artificial inseminator's certificate, who performs the operation of artificially inseminating stock shall be guilty of an offence against this Act.,<. v',; 7/1 77'

Penalty: 'Iwo hundred dollars.

(c) A person shall not be convicted under this subsection eight of this section of an offence against this Act if the Court is satisfied that the collecting, storing, diluting, examining, preparing or packing, as the case may be, of semen was for a purpose other than artificial insemination of stock.

(d) It shall not be an offence against this Act for any person to perform any of the processes of artificial insemination in connection with stock of which he is the owner.

(9) Prohibition of importation of semen. (a) Whenever he is of the opinion that such prohibition would prevent the introduction or spread of disease, or that the importation or introduction of such semen would otherwise adversely affect the livestock industry in Queensland, the Minister may, by notification published in the Gazette prohibit the importation or introduction into the State of Queensland of semen obtained from stock of the species specified in such notification from any other State or Territory of the Commonwealth.

586 STOCK Vol. 16

(b) Such a prohibition may be absolute or conditional.

(c) The Minister may at any time revoke or vary any such notification.

(d) Any person who contravenes or fails in any respect to comply with the provisions of a notification under this subsection shall be guilty of an offence again~ ~~is Act. ., c:; / 7 7'

Penalty: 'f.We hundred dollars. /

(10) Powers of inspectors. An inspector may, at any time, with or without assistants-

(i) Enter and inspect any premises in respect of which a license under this section has been granted and examine and make extracts from any records required to be kept under the regulations;

(ii) Enter and search any premises or holding which is being used or which he had reasonable grounds for believing is being used for the collection, examination, preparation, dilution, storage, package, distribution or sale of semen or on which stock are being artificially inseminated or on which he has reasonable grounds for believing stock are being artificially inseminated;

(iii) Question, with respect to matters under this section, the owner or occupier of any premises or holding, every person whom he finds in or on any premises or holding, and every person who has been within the preceding six months employed in or on any premises or holding, to ascertain whether this section has been or is being complied with and require any such person to answer the questions put and to sign a declaration of the truth of his answering;

(iv) Stop, enter and search any vehicle, ~, vessel, a erophme , or other means of transport which is being used or which he has reasonable grounds for believing is being used for the conveyance of semen;

(v) Examine any semen or substance which he believes to be semen, or package containing, or which he believes to contain, semen found upon any such licensed premises, premises, holding, vehicle, ~ vessel, ~e or other means of transport and open and inspect such package;

(vi) Take possession of any semen or package containing semen in respect of which in his opinion an offence against this Act or the regulations has been committed and order any person to produce any book, notice, record, list, document or writing in his possession or under his control relating to such semen or package and to answer any questions put to him relating thereto and to take a copy or extract of any such book, notice, record, list, document or writing;

(vii) Take, without payment, for examination, test or analysis, any semen, or substance which he believes to be semen, or portions or samples of such semen or substance;

(viii) Require any holder of a license or certificate issued under this section to produce such license or certificate.

STOCK ACTS, 1915 TO 1965 s.26c 587

(11) Owners and occupiers to allow entry and inspection. The ~I / 7~ owner or occupier of any premises or holding and a person in charge or 1/ apparently in charge of any premises, holding, vehicle, ~, vessel,

aeropiane, or other means of transport shall furnish to any inspector all reasonable assistance and all such information which he is capable of furnishing or as required by that inspector with respect to the exercise of his powers and the discharge of his duties under this section.

(12) Obstructing an inspector, etc. (a) A person shall not-(i) Assault, resist, or obstruct an inspector in the exercise of his

powers or in the discharge of his duties under this section, or attempt so to do; or

(ii) Fail to facilitate by all reasonable means-(A) The entry and inspection of any premises, holding, vehicle,

(.v/?r~vessel, 3@F8j3hlne, or other means of transport by an If lllspector;

(B) The examination and testing by an inspector of any semen or any substance which that inspector believes to be semen; or

(iii) Fail to answer any question put to him in pursuance of this section by an inspector or give to any such question an answer which is in any respect false or misleading; or

(iv) Fail to comply with the lawful requisition or any part of the lawful requisition of an inspector; or

(v) When required by or under this section to furnish any assistance or to furnish any information to an inspector, fail to furnish that assistance or information, as the case may be, or, in the latter case, furnish information which is in any respect false or misleading; or

(vi) Fail, without reasonable excuse, the proof whereof shall lie upon him, to produce any license, certificate, book, notice, record, list, document or writing which he is required under this Act by an inspector to produce, or fail to allow an inspector to take a copy of or extract from any such license, certificate, book, notice, record, list, document or writing; or

(vii) Directly or indirectly prevent any person from appearing before or being questioned by an inspector, or attempt so to do; or

(viii) Use any threat or any abusive or insulting language to any inspector or to any other person with respect to any inspection or epamination or questioning.

Penalty: ~flundred dollars. J ~7 7' (b) In this subsection the term 'inspector" includes any person

acting under lawful authority under or pursuant to this section. ( 13) Licensees, etc., to comply with terms and conditions of licenses

and certificates. A holder of a license or certificate under this section shall comply in every respect with the terms and conditions of that license or, as the case may be~ce.~tificate prescribed to be implied therein.

Penalty: ~vh~ndred dollars. ") r ?y (14) Forgery of license, certificate, etc. A person shall not

(i) Forge or counterfeit any license or certificate under this section; or

588 STOCK Vol. 16

(ii) Utter, or make use of any such license or certificate, so forged or counterfeited; or

(iii) Personate any person named in any license or certificate granted under this section; or

(iv) Falsely pretend to be an inspector; or (v) Connive at any such forging, counterfeiting, uttering, making

use~~personating, or pretending as aforesaid. -1...-,0./

Penalty: ~ nundred dollars. 7;:;71 (15) Any person who contravenes or fails to comply with any

provision of this section shall be guilty of an offence against this Act.

Penalty: ~ifundred dollars. ' f" .".' ( 16) Meaning of terms. In this section, unless the context otherwise

indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:-

"Artificial insemination" -The processes of collecting, examining, preparing, diluting, storing, packing, distributing and selling of semen and includes the performance of the operation of artificially inseminating stock;

"Artificial inseminator"-A person qualified to perform the operation of artificially inseminating stock and the holder of a current artificial inseminator's certificate granted in pursuance of this section;

"Holder"-In relation to any license granted under this section, the person who for the time being is the lawful holder thereof by grant or transfer under this section or, in relation to any certificate granted under this section, the person who is the lawful holder of a certificate granted in pursuance of this section;

"Semen"-Semen obtained from stock and includes semen after dilution.

( 17) Regulations. For the purposes of this section and without limiting the general power to make regulations conferred by section thirty-one of this Act, the Governor in Council may from time to time by regulations made under that section, prescribe either generally or to meet particular cases, such provisions as he deems necessary or desirable, including, but without limiting the generality of the foregoing provisions of this subsection, for all or any of the following purposes:-

(i) Providing for, regulating and controlling the licensing of artificial insemination distribution centres, applications for and the grant, renewal, transfer, suspension and cancellation of such licenses; the terms and conditions to be implied in such licenses; and fees payable upon application for, the grant, renewal and transfer thereof;

(ii) Providing for, regulating and controlling applications for and the grant, renewal, suspension and cancellation of certificates under this section; the terms and conditions to be implied in such certificates; the qualifications, training and examination of applicants therefor; and fees paya.ble upon application for grant or renewal thereof;

STOCK ACTS, 1915 TO 1965 ss. 26c, 26D 589

(iii) Providing for, regulating and controlling the type and standards of equipment, plant, instruments, appurtenances and appliances to be used on licensed premises or by the holder of a certificate under this section;

(iv) Providing for the inspection, cleansing and disinfection of licensed premises and articles and things therein;

(v) Providing for the inspection, cleansing and disinfection of the equipment, plant, instruments and appliances of the holder of a certificate under this section;

(vi) Providing for the keeping of records and the furnishing of information by those in charge of licensed premises or by the holders of certificates;

(vii) Providing for, regulating and controlling the movement of stock and the testing of stock for disease;

(viii) Providing for the constitution of "The Artificial Insemination Advisory Committee"; the appointment of members and deputy members thereof; the number, qualifications, duties, powers and responsibilities of members and deputy members; payment of members' expenses; conduct of and proceedings at meetings; and all or any matters or things relating to the constitution of the said Committee and the execution of its duties;

(ix) Prescribing all or any matters and things which by this section are required or permitted to be prescribed.

Inserted by Act of 1958, 7 Eliz. 2 No. 19, s. 12; as amended by Act of 1959, 8 £liz. 2 No. 12, s. 8.

Commenced 4 May 1961 (Proclamation, Gazette 29 April 1961, p. 2321). Decimal currency references substituted pursuant to section 7 of Decimal

Currency Act of 1965. Act referred to:

Veterinary Surgeons Acts, 1936 to 1964, title VETERINARY MEDICINE.

260. Pet shops. (1) In this section, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:-

"Holder"-In relation to a pet shop licence granted under this f; c;'1 ;~ [ section, the person in whose name such licence is, for the

, ,-./ ' , time being, issued whether by way of grant, assignment ~r// < : ': ,l t L transfer; t:A~/ (71 ,~

I /) "Pet shop"-Premises .in which the.re is any dog/or cat for the t.,.1f 20/1 (} purpose of sale (m such premIses or elsewhere) of dog~'or .

/ . '.., J cats: The term does not include such premises wherein the ) V / . occupier f.resWes as his usual residence unless the number of } I dogs;br' carl therein for the purpose aforesaid exceeds the

number for the time being prescribed. (2) (a) The Chief Inspector, if he is satisfied that an application

therefor is in conformity with this Act, may grant a pet shop licence to the applicant and may, from time to time, renew such a licence or approve of the assignment or transfer of such a licence.

(b) A pet shop licence shall, while in force, authorise the holder thereof, for so long as he complies in all respects with the conditions prescribed for a licence of that kind, to use the premises in respect of which such licence is granted as a pet shop.

590 STOCK Vol. 16

(c) An application for the grant of a pet shop licence or for the renewal thereof or for the approval of an assignment or transfer thereof shall be made to the Chief Inspector in or to the effect of the prescribed form and shall contain or be accompanied by such particulars and information as are prescribed and shall be accompanied by the prescribed fee:

Provided that the Chief Inspector may waive payment of any fee where the person who would otherwise be required to pay such fee, in the opinion of the Chief Inspector conducts or, as the case may be, proposes to conduct the pet shop concerned as an adjunct to the carrying on therein of a charitable activity directed to the prevention or relief of suffering amongst animals.

(d) A pet shop licence and every renewal thereof shall be in force for such period as is prescribed and shall be granted or, as the case may be, assigned or transferred subject to the conditions prescribed for a licence of that kind.

(e) A holder of a pet shop licence shall not purport to assign or transfer such licence except with the approval of the Chief Inspector first had and obtained in writing.

A purported assignment or transfer of a pet shop licence without such approval shall be void.

(3) (a) A person shall not use premises as a pet shop unless he is authorised by a pet shop licence which is in force in respect of such premises so to do.

(b) The holder of a pet shop licence shall take all reasonable precautions to prevent the introduction into and the spreading amongst animals therein of any malady.

(4) If, in the opinion of the Chief Inspector, the holder of a pet shop licence contravenes or fails to comply with any provision of this Act the Chief Inspector may cause notice to be given to such holder calling upon him to show cause within a time limited in such notice why such licence should not be cancelled.

If within the time so limited such cause is not shown to the satisfaction of the Chief Inspector he may cancel or suspend such licence which shall thereupon cease to be in force but, in the case of a suspension thereof, only for the period of such suspension.

(5) The power of the Governor in Council to make regulations under section thirty-one of this Act shall be deemed to include power to make regulations for all or any of the following purposes:-

(a) providing for, regulating and controlling the granting, renewal, assignment and transfer of pet shop licences, the fees payable in respect of any of the same, the period of such a licence and the conditions to which it shall be subject;

(b) prescribing forms to be used in respect of pet shop licences and the purposes for which they are to be used;

( c) providing for the cancellation and surrender of pet shop licences and the surrender of licences so dealt with;

(d) providing for, regulating and controlling the inspection, cleaning and disinfection of pet shops and of animals and things therein, the seizure, treatment, destruction or other disposal of animals and things in a pet shop;

STOCK ACTS, 1915 TO 1965 ss.260-28 591

(e) prescribing the powers of inspectors in relation to pet shops and the animals and things therein;

(f) providing for the making of returns and the supply of information to an inspector by persons conducting pet shops;

(g) providing for the standard of accommodation, food and drink of animals in a pet shop, providing for, regulating and controlling the proper treatment of such animals and (without limiting the scope of the expression "reasonable precautions" where used in this section) the precautions to be taken in and about pet shops against the introduction and spread of maladies;

(h) prescribing all matters which, by this section, are required or permitted to be prescribed.

The power to regulate includes the power to prohibit. Inserted by Act of 1965, No. 40, s. 16. Commenced 1 August 1968 (Proclamation, Gazette 3 August 1968, p. 1523).

1C:i~ --- ,~~ ~0t~ ty-/7~ 27. Appeal to Minister. 60 Vic. No.1, s. 14/ Any person who thinks himself aggrieved by any order or decision of an inspector may appeal to the Minister on giving to such inspector notice in writing within seven days from the date of such order or decision of his intention to appeal.

The Minister shall, upon the making of all such inquiries, if any, as he considers necessary, determine the appeal, and his decision shall be final, and may be enforced in any court of competent jurisdiction.

As amended by Act of 1930, 21 Geo. 5 No. 35, s. 13; Act of 1954, 3 Eliz. 2 No. 22, s. 8. f/"-" ~ • '- "-z, / ) '7

~_______ /. ~I ,.". /' , >' '.",j ...J // •

28. Offences. lb. s. 23. (1) Every person who-(a) Introduces, travels, or removes, or attempts to introduce,

travel, or remove, or is in any way concerned in introducing, travelling, or removing, stock contrary to this Act or any order of an inspector;

(b) Travels or attempts to travel, or is in any way concerned in travelling, stock by any road or route other than a stock route;

(c) Leaves, or causes or permits to be left, infected stock or any carcass on a road or stock route;

(d) Without lawful excuse, the proof whereof shall lie upon him, leaves or causes or permits to be left any travelling stock on any road or stock route, or, without the permission of the owner of any holding, leaves or causes or permits to be left any travelling stock or any carcass on such holding;

(e) Refuses or neglects to give any prescribed notice; (ea)

(f)

(g)

Assaults, resists, obstructs, threatens, or intimidates any inspector, Government veterinary officer, approved veterinary surgeon, or other officer in the exercise of his powers or in the discharge of his duties under this Act, or attempts so to do; Fails howsoever to obey the lawful order or any part of the lawful order of an inspector; _ .~

• rt-1..t7) <";/t:,- ...... j?..-.;. /-f • .,.,/1./1.--;- ~"\ /l';;'N~ D/')~h.l~) Falls to close gOltes erecteu on a roa& Elf stock ware; /.;- . '1;: ,OO;-ver-: /fo,? C" ... rr;: ,'!'li·'Jrc·;::-:,.') ~IV .<{ .1b-+;.' C',l ';vu;-~ (c/l/-;- .... j,..

592 STOCK Vol. 16

(h) Gives false information to an inspector in connection with the obtaining of a permit for the removal of stock or in respect to the ownership of any stock;

(i) Not being an inspector, makes any alteration in Of tlflElerse -U «)met;~ pelm2!. ts? travel stock; (j) Travsls, en 1rttempts to travsl, or is in any way cence~

travelling, stock under the authority of a permit .. any alteration or endorsement who ot been made by an inspector, unless in case such person proves that he had no Js:.nowfeCIie of the fact that the permit concerned

..contaHretr311Y SHGh tllterOltion or elldoaeroent;

(k) Is guilty of any breach of the regulations; (l) When required by or under this Act to furnish any

information to an inspector, fails to furnish that information, or furnishes information which is in any respect false or

/.)) I mis~adi9g, J'.-. c_ J~"Jf ~hall. ~ li'able ~o (...apen~Cy ~n~t ex~eed~ng hundr~d dollars or to be Impnsoned for any term not exceedmg SIX onths. !~(,d: 7y7»'

Any stock left on any road intersecting or forming the boundary line of any holding shall be deemed and taken to be left on such holding.

042.) If any owner refuses or J:leglscts te ebey the ordcr-t}f"--aAy-. .pa.rL_ of the order of an inspector, such inspector may carry out the work at the -expense of the owner upon being directed by--t.he-Mmisier so to do, and recover from the owner the expens~s..-Of--d6ing the work, by action in any court of competent jurisdi~tion;--A11 such expenses shall also be and remain a first charge up£l]...any-sfock treated, notwithstanding any change that may take pl~CQow~nin;hij' ~HheJr.----\ () Any stock introduced, travelled, or removed contrary to this Act or any order of an inspector may be seized by an inspector or police officer, and may, at the discretion of the Minister, either be sold or destroyed.

1'/1 The proceeds of every such sale shall, after deducting expenses, be I paid by the inspector or police, officer to thf Minister, and shall bi! ~laee6~ . t&-tl:ie "I;edit of tHe ftins. /' ~,; / r /~ I<·'~ ~~/:./c./, //-1< ,~c_........c.-

(4) No person shall be required under this Act to answer any question, or give any information or to sign any declaration tending to incriminate himself.

As amended by Act of 1930, 21 Geo. 5 No. 35, s. 14; Act of 1936, 1 Edw. 8 No. 12, s. 3; Act of 1948 (No.2), 13 Geo. 6 No.1. s. 8; Act of 1954, 3 Eliz. 2 No. 22, s. 9; Act of 1958, 7 Eliz. 2 No. 19, s. 13; Act of 1960, 9 Eliz. 2 No. 42, s. 13.


The fund mentioned in subsection (3) is the Stock Fund, defined in s. 3 and established by s. 6.

28A. The office of any inspector appointed pursuant to the provisions of subsection one of section four of this Act other than an acting inspector shall become vacant if that inspector is convicted of an offence against that subsection one of section four of this Act.


STOCK ACTS, 1915 TO 1965 ss.28·30 593

29. Destroying notices, etc. Any person who, without the authority of the Minister or an inspector, demolishes, destroys, pulls down, erases, removes, defaces, or otherwise damages or interferes with any notice or placard fixed, posted, 9f ...r.laced pursuant to this Act shall be liable to a penalty not exceeding ~ hundred dollars. "'1 'Y /7

Substituted by Act of 1954, 3 Eliz. 2 No. 22, s. fo; a:s amended by Act of 1960, 9 Eliz. 2 No. 42, s. 14.


29A. Expenses of destruction, etc., of stock to be borne by the owner. Unless otherwise indicated or provided, the costs and expenses of and attendant upon the destruction and disposal or the treatment pursuant to this Act of stock shall in every case be borne by the owner of the stock so dealt with.


29B. Protection of Minister, etc. Subject to this Act, no matter or thing done by the Minister or by any inspector or by any officer of the Department administered by the Minister, or by any person acting with the authority of any of the persons aforesaid in good faith and without negligence for the purpose of executing this Act, shall subject the Crown, or the Minister, inspector, officer, or person as aforesaid to any liability in respect thereof.

Inserted by Act of 1995, No. 40, s. 17. __ (l--..-.... (~./..>'3j.J 1-.

30. Procedure. 60 Vic. No.1, sil. 24, 74."'"f-H--AlH~~~~AlHeif~ /,;./of offences against this Act may be hea etermined in a summary " way under "The Justices Ac to 1909" on the complaint of an ( inspector or other authorised by the Minister or, in the case of an

7 f _ offence a' ection SA of . on as aforesaid or of a

(2) Any person who acts in violation of this Act shall, unless for such offency a, penalty is expressly provided, be liable to a penalty not exceeding _'fmndred dollars. -7'1 77-

(3) When any proceedings are taken in respect of stock under this Act, the Court may, notwithstanding any change that has taken place in the meantime in the ownership or possession of the stock, give judgment against the owner of the stock without any further name or description, and may by such judgment order that the amount of the judgment and costs be levied by seizure and sale of so many of the stock as are necessary to satisfy the same.

e 4) For the purpose of proving in any prosecution or proceeding under this Act or the regulations that any person knew that stock were infected or diseased-

(a) Proof that stock kept pastured on any land have been diseased for a period of seven days shall be evidence that, at the expiration of that period, the occupier of that land or his manager, agent, or superintendent knew that the stock were diseased, and in the absence of evidence in rebuttal shall be conclusive evidence of that knowledge; and

594 STOCK Vol. 16

(b) Proof that travelling stock have been diseased for a period of two days shall be evidence that, at the expiration of that period, the person in charge of the stock knew that the stock were diseased, and in the absence of evidence in rebuttal shall be conclusive evidence of that knowledge; and

(c) Proof that stock have been diseased for a period of seven days shall be evidence that, at the expiration of that period, the person who during that period was the owner, or the person who during that period was in control or charge of the stock, knew that the stock were diseased, and in the absence of evidence in rebuttal shall be conclusive evidence of that

( :)" J _ Jmowledge~:1-~~> C:jL/ / 't:' 1 As amended by Statistics Act of 935, s. {j" (ii); Act of 1948 (No.2), 13

Geo. 6 No.1, s. 9; Act of 1952, 1 Er . 2 No. 39, s. 8; Act of 1960, 9 Eliz. 2 No. 42, s. 15.

Decimal currency reference substituted pursuant to section 7 of Decimal . C)lrrency Act of 1965.

, ___ ,(.. /" Act referred to: V '111-'-( Justices Acts, 1886 to 1968, title JUSTICES, Vol. 8, p. 105.

J II . Clerk of petty sessions, now clerk of Magistrates Court; see Justices Acts

>Amendment Act of ~9,64, ~o. 32rs. 2 (4), tit;%,J STICES, Vol. 8, p. 254. 1~/f __ /V~ '>£c;r );-: 7J 31. Regulations. 60 Vic. No.1, s. 11. ched. II. The Governor in

J i..- II· Council may from time to time make regulations providing for all or any <. purposes, whether general or to meet particular cases, that may be

J £I convenient for the administration of this Act, or that may be necessary J or expedient to carry out the objects and purposes of this Act, and,

,I'}, t.-'-' where there may be in this Act no provision or not sufficient provision in (. , ;; ~~pect of any matter or thing necessary or expedient to give effect to '(- ~ this Act, providing for and supplying such omission or insufficiency; and,

(j-/ ') without limiting the generality of the foregoing provisions by such I) regulations, provision may be made for all or any of the purposes

enumerated in the Second Schedule to this Act. Without limiting the generality of the foregoing power the Governor

in Council may make regulations prescribing, regulating or prohibiting the testing, inoculation of stock, and the use of vaccines, sera and diagnostic agents.

/ ..;/7 ~ All such regulations shall ~ PQeliSACe in tim Gauttc, ane shllH v If tfll:lrCQpen have the same force and effect as if they were embodied in and

formed part of this Act. S~A r8glilatifm~ ~h:dl be laid be£6fe Parliaml:lnt witAiA three weeks

. / /' after such publication if Parliament is then sitting, and, if not t .. If/ '"""'- . three weeks after the beginning of the then next se . arliament. I" If either House of Parliament a resolution disallowing any

! t.fl. such regulation, of which res . n notice has been given at any time l t..J/) (' within thirty sitting such House after such regulation has been 1/ laid before i regulation shall thereupon cease to have effect, but

! • • yo any e. As amended by Act of 1944, 9 Geo. 6 No.6, s. 8; Act of 1965, No. 40, s. 18. References to the Houses of Parliament are now to be read as to the Legislative

Assembly alone (Constitution Act Amendment Act of 1922, s. 2), title CONSTITUTION, Vol. 2, p. 752.

For regulations, see Table of Contents, p. 476, ante. As to validity of regulations generally, see Preliminary Note to title ACTS

OF PARLIAMENT, Vol. 1, p. 72.

STOCK ACTS, 1915 TO 1965 s. 30-Sch. 2 595

[See s. 2] SCHEDULE I

No. of Act Title of Act Extent of Repeal

31 Vic. No. 35 Diseases in Sheep Act of The whole except s. 69 1867

31 Vic. No. 42 The Diseases in Sheep Act The whole of 1867 Amendment Act

34 Vic. No. 26 The Diseases in Sheep Act The whole of 1867 Further Amend-ment Act

35 Vic. No. 4 The Brands Act of 1872 The whole except in s. 1 the definitions of "brand directory," "distinctive brand or mark," "district," "Governor," "Minister," "owner," "register," "registrar," and "residence," and except ss. 2 to 19, 22 to 26, 29, and 31 to 37, and Schedules A to F

38 Vic. No. 9 The Brands Act of 1872 The whole except s. 2 Amendment Act

41 Vic. No. 14 The Diseases in Sheep Act The whole Amendment Act of 1877

54 Vic. No. 21 The Diseases in Sheep Act The whole except ss. 8 to 12, Amendment Act of 1890 15, and 18, and Schedules

II, III, and IV 60 Vic. No. The Diseases in Stock Act The whole

of 1896 62 Vic. No. 6 The Diseases in Stock Act The whole

Amendment Act of 1898 5 Geo. V No. 12 The Brands Acts Amend- The whole except ss. 3 and 4

ment Act of 1914

SCHEDULE II For application of this Schedule, see s. 31.

SUBJECT-MATTER FOR REGULATIONS

1. Movement of stock. Prohibiting or regulating the movement of stock into, within, or out of an infected area. 2. Isolation of stock. Prescribing and regulating the quarantine, isolation, or separation of stock in an infected area. 3. Removal of carcasses, etc., from ship. Prohibiting or regulating the removal of carcasses, fodder, fittings, or other things from vessels in which introduced stock have arrived in the State. 4. Destruction of carcasses. Prescribing and regulating the destruction or disposal of stock, carcasses, fodder, fittings, or other things in an infected area, or of or used in connection with infected stock. 5. Digging up carcasses. Prohibiting the digging up of carcasses which have been buried. 6. Cleansing infected areas. Prescribing and regulating the cleansing and disinfection of infected areas and holdings where infected stock have been kept or pastured.

596 STOCK Vol. 16

7. Spread of infection. Prescribing means to be adopted for preventing the spread of infection or disease by any person, animal, matter, or thing.

S. Disinfection of stock. Prescribing the disinfection and cleansing of all introduced stock and the clothes and baggage of attendants.

9. Quarantine of introduced stock. Prescribing the terms of quarantine of introduced stock or stock removed from one part of the State to another part of the State, and the charges to be paid by owners while such stock are in quarantine.

10. Carriage of stock. Prohibiting or regulating the sending or carriage of infected or suspected stock, or of manure or other thing likely to spread disease, on railways, rivers, roads or by air or in vessels within the territorial waters of Queensland.

As amended by Act of 1930, 21 Geo. 5 No. 35, s. 15 (a); Act of 1940, 4 Geo. 6 No. 11, s. 11 (a).

11. Carriage of ticks, etc. Prohibiting or regulating the sending or carriage of ticks, eggs of ticks, diseased or suspected hides, virus or contagium of disease, or any other matter or thing that may cause or tend to cause the spread of disease.

12. Dipping, etc. Prescribing the medicaments to be used and the means to be adopted for treating infected or suspected stock and the trucks or other vehicles used for conveying them. Prescribing or regulating the inoculation of stock.

As amended by Act of 1930,21 Geo. 5 No. 35, s. 15 (b); Act of 1965, No. 40, s. 19 (a).

13. Dips. Regulating dips and other places for the treatment of stock and the charges made thereat or made in respect of the treatment of stock by an inspector.

As amended by Act of 1930, 21 Geo. 5 No. 35, s. 15 (c); Act of 1940, 4 Geo. 6 No. 11, s. 11 (b).

14. Government dips, etc. Regulating Government dips and stations and Government quarantine stations.

15. Prohibiting, etc., the use of diseased, etc., stock. Prohibiting or regulating the use of diseased or suspected stock.

As amended by Act of 1930, 21 Geo. 5 No. 35, s. 15 Cd).

16. Exposure for sale. Prohibiting or regulating the exposure of diseased or suspected stock for sale in any place.

16A. Prohibiting, etc., movement, etc., of certain stock. Prohibiting or regulating the movement, sale, or disposal of stock showing enlargements, swellings, or abnormalities which, in the opinion of an inspector, may be the result of disease.

Inserted by Act of 1930, 21 Geo. 5 No. 35, s. 15 (e); as amended by Act of 1946, 11 Geo. 6 No. 10, s. 15.

17. Seizure of animals. Prescribing and regulating the seizure, detention, and disposal of any infected or suspected stock or carcass exposed, carried, travelled, kept, or otherwise dealt with contrary to this Act semen or other thing seized pursuant to this Act, and imposing upon the owner the expenses connected with the seizure, detention, and disposal thereof.

As amended by Act of 1965, No. 40, s. 19 (b).

STOCK ACTS, 1915 TO 1965 Sch.2 597

18. Valuing stock destroyed. Prescribing the mode of ascertainment of the value of stock destroyed under this Act. Regulating applications for and the mode of payment of compensation.

19. Permits. Prescribing and regulating the issue and production of permits respecting movement and travelling of stock, and other matters and things.

20. Fees. Prescribing the fees payable by persons for matters and services arising under this Act.

21. Forms. Prescribing forms for returns, notices, waybills, and any documents or writings whatsoever under this Act and providing for the verification of any of the same by statutory declaration.

As amended by Act of 1952, 1 Eliz. 2 No. 39, s. 9 (i); Act of 1965, No. 40, s. 19 (c).

21A. Stock returns and register. Prescribing all or any provisions relating to the searching of or the taking of copies of or extracts from the register kept for the purposes of section SA of this Act, the supplying of lists of returns made and particulars of stock respectively returned, and prescribing the fees payable in respect thereof, and exempting any person from payment of such fees.

Inserted by Act of 1952, 1 Eliz. 2 No. 39, s. 9 (ii).

22. Expenses. Prescribing and regulating the payment and recovery of expenses in respect of holdings and stock.

23. Qualifications of inspectors, etc. Prescribing the qualifications of inspectors (other than honorary inspectors) and of officers appointed under this Act, and requiring that, before appointment, they shall give by examination or otherwise satisfactory evidence of their competency.

Prescribing the powers, functions, and duties of honorary inspectors generally, or of any particular honorary inspector, or of honorary inspectors included in any specified class of honorary inspectors.

As amended by Act of 1948 (No.2), 13 Geo. 6 No.1, s. 10.

24. Prescribing all matters and things which by this Act are required or permitted to be prescribed.


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TIlE STOCK ACTS, 1915 to 1965 - media. · PDF fileTIlE STOCK ACTS, 1915 to 1965 Stock Act of...

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Transcript of TIlE STOCK ACTS, 1915 to 1965 - media. · PDF fileTIlE STOCK ACTS, 1915 to 1965 Stock Act of...