Agricultural Legislation (Penalties) Amendment Act 1989 (WA)

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WESTERN AUSTRALIA

AGRICULTURAL LEGISLATION (PENALTIES) AMENDMENT ACT

No. 20 of 1989

AN ACT to amend the penalty provisions in certain Acts.

[Assented to 1 December 1989]

The Parliament of Western Australia enacts as follows:

Short title

1. This Act may be cited as the Agricultural Legislation (Penalties)

Amendment Act 1989.

Commencement

2. This Act shall come into operation on such day as is fixed by

proclamation.

No. 20] Agricultural Legislation (Penalties) Amendment Act

[1989

Various penalties amended

3. The Acts referred to in the first column of Schedule 1 are amended

in the manner set out in the second column.

SCHEDULE 1

(Section 3)

AMENDMENTS

Short title of Act

Amendment

1. Abattoirs Act 1909

In section 10, delete "two hundred dollars", substitute

"$2 000".

2. Aerial Spraying Control Act 1966

(1) In section 6, delete "Eight hundred dollars",

substitute "$2 000".

(2) In section 9 (4), delete "Eight hundred dollars",

substitute "$2 000".

(3) In section 10 (7), delete "One thousand dollars",

substitute "$2 000".

(4) In section 11, delete "Five hundred dollars",

substitute "$1 000".

(5) In section 13A(9), delete "two hundred dollars",

substitute "$2 000".

(6) In section 14 (3), delete "Two hundred dollars",

substitute "$1 000".

(7) In section 18 (2), delete "four hundred dollars",

substitute "$2 000".

(8) In section 19 (1) (m), delete "four hundred

dollars", substitute "$2 000".

3.

Agricultural Produce

(1) In section 9 (1), delete "$2 000", substitute

(Chemical Residues) Act

"$3 000".

1983  (2) In section 10 (2), delete "$1 0000, substitute

"$2 000".

(3) In section 18, delete "$1 000", substitute "$2 000". (4) In section 19, delete "$1 000", substitute "$2 000".

4.

Agricultural Products Act

(1) In section 3, delete "$400", substitute "$1 000".

1929

(2) In section 3H(4), delete "$400", substitute

"$1 000".

(3) In section 4 (4f), delete "$1 000", substitute

"$2 000".

(4) In section 4A(3), delete "$1 000", substitute

"$2 000".

(5) In section 6, delete "$400", substitute "$2 000".

5.

Agriculture and Related

(1) In section 42-

Resources Protection Act

(a) delete "$100", substitute "$200"; and

1976

(b)

delete "$500", substitute "$1 000".

(2) In section 44 (1)-

(a)

delete "$200", substitute "$300"; and

(b)

delete "$1 000", substitute "$1 500".

1989]

Agricultural Legislation (Penalties) Amendment Act [No. 20

Short title of Act

Amendment

(3) In section 48, delete "One hundred dollars",

substitute "$200".

(4) In section 49-

(a)

delete "$100", substitute "$200"; and

(b) delete "$500", substitute "$1 000".

(5) In section 51 (1)-

(a)

delete "$200", substitute "$300"; and

(b)

delete "$1 000", substitute "$1 500".

(6) In section 53 (2), delete "Two hundred dollars",

substitute "$500".

(7) In section 68 (6), delete "Five hundred dollars",

substitute "$1 000".

(8) In section 69 (3), delete "Two hundred dollars",

substitute "$500".

(9) In section 70 (3), delete "Two hundred dollars",

substitute "$500".

(10) In section 72, delete in the penalty provision

(a)

"less than $100 nor"; and

(b)

"less than $1 000 nor".

(11) In sections 74 and 75, delete in the penalty

provisions

(a)

"less than $100 nor"; and

(b) "less than $500 nor".

(12) In sections 77 (1) and 78, delete in the penalty

provisions

(a)

"less than $100 nor"; and

(b) "less than $1 000 nor".

(13) In section 79, delete in the penalty provision

(a)

"less than $100 nor"; and

(b) "less than $500 nor".

(14) In sections 80 (1) and 81, delete in the penalty

provisions

(a)

"less than $100 nor"; and

(b)

"less than $1 000 nor'''.

(15) In section 83 (1), delete the penalty provision,

substitute

"Penalty: For a first offence not more than • $1 000; for any subsequent offence, not more than $5 000.".

(16) In section 83A(2), delete "Five hundred dollars",

substitute "$1 000".

(17) In sections 83A(5) and 85 (4), delete "Five

hundred dollars", substitute "$2 000".

(18) In section 87, delete "$500", substitute "$2 000".

(19) In section 88, delete "Five hundred dollars",

substitute "$1 500".

(20) In section 92 (6), delete "$100", substitute "$200".

(21) Repeal section 101.

(22) Repeal section 108 and substitute the following

section

Penalties under regulations

"108 (1) Regulations made under this Act may

impose for a breach of a regulation so made

(other than a regulation made under section 105 (x)) a maximum penalty not exceeding $2 000.

No. 20] Agricultural Legislation (Penalties) Amendment Act

[1989

Short title of Act

Amendment

(2) Regulations made under this Act may impose for a breach of a regulation made under section 105 (x)

(a)

in respect of a first breach—a maximum penalty not exceeding $1 000; and

(b)

in respect of a second breach—a maximum penalty not exceeding $2 000.".

6.

Agriculture Protection

In section 33 (2), delete "one hundred dollars",

Board Act 1950

substitute "$2 000".

7. Argentine Ant Act 1968

(1) In section 14-

(a)

in paragraph (a), delete "one hundred dollars", substitute $2 000"; and

(b) in paragraph (b)-

(i)

delete "one hundred dollars",,

substitute "$2 000"; and

(ii)

delete "fifty cents", substitute

"$200".

(2) In section 16 (1)-

(a)

delete "one hundred dollars" in both places where it occurs, substitute in each place "$2 000"; and

(b) delete "fifty cents", substitute "$200".

3. Artificial Breeding of

(1) In section 5B, delete "Five hundred dollars",

Stock Act 1965

substitute "$2 000".

(2) In section 9 (3), delete "Two thousand dollars",

substitute "$3 000".

(3) In section 12 (2), delete "two hundred dollars",

substitute "$2 000".

(4) In section 13 (3) (a), delete "one hundred dollars",

substitute "$2 000".

8.

Bee Industry

In section 15 (1) (d), delete "$500", substitute "$2 000".

Compensation Act 1953

9. Beekeepers Act 1963

(1) In section 12 (7), delete "$1 000", substitute

"$3 000".

(2) In section 17A(4), delete "$1 000", substitute

"$1 500".

(3) In sections 26 (3) and 28 (2), delete "$500",

substitute "$2 000".

(4) In section 29, delete "$1 000", substitute "$1 500".

4.

Bulk Handling Act 1967

(1) In sections 6 (2), 8(1) and 9 (1), delete "One

thousand dollars", substitute "$2 000".

(2) In section 17 (3), delete "Forty dollars", substitute

"$1 000".

(3) In section 39 (1), delete "one thousand dollars",

substitute "$2 000".

(4) In section 53 (2) (i), delete "two hundred dollars",

substitute "$2 000".

(5) In section 54, delete "one hundred dollars",

substitute "$2 000".

1989]

Agricultural Legislation (Penalties) Amendment Act [No. 20

Short title of Act

Amendment

12. Carnarvon Banana

(1) In section 21 (1), delete "Two hundred dollars",

Industry (Compensation

substitute "$2 000".

Trust Fund) Act 1961

(2) In section 31, delete "One hundred dollars",

substitute "$2 000".

(3) In sections 32 and 33 (2), delete "Twenty dollars",

substitute "$1 000".

(4) In sections 37 (2) and 40 (g), delete "one hundred

dollars", substitute "$2 000".

13. Cattle Industry

(1) In section 10, delete "One hundred dollars",

Compensation Act 1965

substitute "$1 000".

(2) In section 20, delete "Fifty dollars", substitute

"$2 000".

(3) In section 30, delete "forty dollars", substitute

"$1 000".

(4) In section 37 (1), delete "Two hundred dollars",

substitute "$3 000".

(5) In section 39, delete "Two hundred dollars",

substitute "$2 000".

(6) In section 41, delete "One hundred dollars",

substitute "$2 000".

(7) In sections 45 (2) and 46 (g), delete "one hundred

dollars", substitute "$2 000".

14. Chicken Meat Industry

(1) In section 17 (1)-

Act 1977

(a)

delete "$1 500", substitute "$2 000"; and

(b)

delete "$2 000", substitute "$3 000".

(2) In sections 19 (3) and 19A(3), delete "$1 000",

substitute "$2 000".

(3) In section 20, delete "$1 000", substitute "$3 000". (4) In section 24 (2) (h), delete "one hundred dollars",

substitute "$2 000".

15. Dairy Industry Act 1973

(1) In section 23 (2), delete "$750", substitute

"$1 000".

(2) In section 30 (11)-

(a)

delete "$750", substitute "$1 000"; and

(b)

delete "$1 500", substitute "$2 000".

(3) In section 44 (2), delete "$750", substitute

"$1 000".

(4) In section 52 (1)-

(a)

delete "$1 000", substitute "$2 000"; and

(b) delete "$100", substitute "$200".

(5) In section 90 (2), delete "$750", substitute

"$1 000".

(6) In section 91, delete "$500", substitute "$1 000".

(7) In sections 92 (2) and 93, delete "$750", substitute

"$1 000".

(8) In section 93A

(a)

delete "$1 500", substitute "$2 000"; and

(b) delete "$100", substitute "$200".

(9) In sections 94 and 95 (2), delete "$750", substitute

"$2 000".

(10) In section 101 (6)-

(a)

delete "$1 000", substitute "$2 000"; and

(b) delete "$100", substitute "$200".

No. 201 Agricultural Legislation (Penalties) Amendment Act

[1989

Short title of Act

Amendment

16. Dried Fruits Act 1947

(1) In section 15 (3), delete "two hundred dollars",

substitute "$2 000".

(2) In section 24 (2), delete "One thousand dollars",

substitute "$2 000".

(3) In section 25 (3), delete "one thousand dollars",

substitute "$2 000".

(4) In section 26 (1), delete "four dollars", substitute

"$200".

(5) In section 29 (5), delete "two hundred dollars",

substitute "$500".

(6) In section 31, delete "one thousand dollars",

substitute "$2 000".

(7) In section 32 (1), delete "two hundred dollars",

substitute "$2 000".

(8) In section 33 (2), delete "one hundred dollars"

substitute "$1 000".

(9) In sections 35 and 37 (2), delete "two hundred

dollars", substitute "$2 000".

17.

Exotic Stock Diseases

(1) In section 14, delete "Two hundred dollars",

(Eradication Fund) Act

substitute "$2 000".

1969  (2) In section 17 (d), delete "fifty dollars", substitute

"$2 000".

18. Fertilizers Act 1977

(1) In section 43—

(a)

delete "five hundred dollars", substitute

"$1 000"; and

(b) (2) In section 44 (3) (d)

delete "one thousand dollars", substitute

"$2 000".

(a)

delete "one hundred dollars", substitute "$2 000"; and

(b) delete "fifty dollars", substitute $200".

3.

Fruit Growing Industry

(1) In section 11 (3), delete "One hundred dollars",

(Trust Fund) Act 1941

substitute "$2 000".

(2) In section 13 (2), delete "Twenty dollars",

substitute "$2 000".

(3) In section 17 (9), delete "Two hundred dollars",

substitute "$2 000".

(4) In section 25, delete "one hundred dollars",

substitute "$2 000".

19. Fruit-growing

(1) In sections 14 (1) and (2) and 15 (2), delete "Two

Reconstruction Scheme

hundred dollars" substitute "$2 000".

Act 1972

(2) In section 16 (1), delete "one hundred dollars"

substitute "$2 000".

20. Grain Marketing Act

(1) In section 22 (2), delete the penalty provision,

1975  substitute

"Penalty

(a)

for a natural person, $5 000 or for a second or subsequent offence, $10 000; or

(b)

for a body corporate, $25 000 or for a second or subsequent offence, $50 000.".

1989]

Agricultural Legislation (Penalties) Amendment Act [No. 20

Short title of Act

Amendment

(2) In section 22A(5), delete "$1 000", substitute

(3) In section 22B, delete the penalty provision,

substitute

"Penalty

(a)

for a natural person, $5 000 or for a second or subsequent offence, $10 000; or

(b)

for a body corporate, $25 000 or for a second or subsequent offence, $50 000.".

(4) In section 34 (3), delete the penalty provision,

substitute

"Penalty

(a)

for a natural person, $5 000 or for a second or subsequent offence, $10 000; or

(b)

for a body corporate, $25 000 or for a second or subsequent offence, $50 000.".

(5) In section 38 (3), delete "$1 000", substitute

"$2 000".

(6) In section 39, delete "$1 000", substitute "$2 000".

(7) In section 42, delete 1250", substitute "$2 000".

22. Honey Pool Act 1978

In section 29 (2) (e), delete "one hundred dollars",

substitute "$2 000".

23. Margarine Act 1940

(1) In section 11 (2)-

(a)

delete "Two hundred dollars", substitute

"$1 000"; and

(b) delete "twenty dollars", substitute "$200".

(2) In section 12, delete "Two hundred dollars",

substitute "$2 000".

(3) In section 13 (2), delete "Five hundred dollars",

substitute "$2 000".

(4) In section 14 (3)-

(a)

delete "Five hundred dollars", substitute

"$2 000"; and

(b) delete "fifty dollars", substitute "$200".

(5) In section 26-

(a)

delete "Five hundred dollars", substitute "$2 000"; and

(b) delete "fifty dollars", substitute "$200".

(6) In section 27 (3), delete "Five hundred dollars",

substitute "$2 000".

(7) In section 28 (5)-

(a)

delete "Five hundred dollars", substitute "$2 000"; and

(b) delete "fifty dollars", substitute "$200".

(8) In section 29 (2), delete "Two hundred dollars",

substitute "$1 000".

(9) In section 30 (6)-

(a)

delete "Five hundred dollars", substitute "$2 000"; and

(b) delete "fifty dollars", substitute "$200".

(10) In section 31 (3), delete "Five hundred dollars",

substitute "$2 000".

No. 20] Agricultural Legislation (Penalties) Amendment Act

[1989

Short title of Act

Amendment

(11) In section 32 (4)-

(a)

delete "Five hundred dollars", substitute "$2 000"; and

(b) delete "fifty dollars", substitute "$200".

(12) In section 34, delete "two hundred and fifty

dollars", substitute "$2 000".

(13) In section 38 (i)—

(a)

delete "two hundred dollars", substitute "$2 000"; and

(b) delete "twenty dollars", substitute "$200".

24. Marketing of Eggs Act

(1) In section 32K

1945

(a)

delete 1750", substitute "$1 000"; and

(b)

delete "$1 500", substitute "$2 000".

(2) In section 37 (2), delete "$500", substitute

"$2 000".

(3) In section 39 (3), delete "one hundred dollars",

substitute "$2 000".

25.

Marketing of Meat Act

In section 19 (2), delete "$100", substitute "$200".

1971

26. Marketing of Potatoes

(1) In section 22 (8)-

Act 1946

(a) in paragraph (a)-

(i) delete "less than $100 or"; and

(ii)  delete "$400", substitute "$1 000"; and

(b) in paragraph (b)-

(i) delete "less than $200 or"; and

(ii) delete "$400", substitute "$2 000".

(2) In section 22A(3)

(a) in paragraph (d)—

(i) delete "less than $100 or"; and

(ii)  delete "$400", substitute "$1 000"; and

(b) in paragraph (e)—

(i) delete "less than $200 or"; and

(ii) delete "$400", substitute "$2 000".

(3) In section 22B(3)

(a)

in paragraph (a), delete "15", substitute "25"; and

(b) in paragraph (b)-

(i) delete "25", substitute "50"; and

(ii) delete "nor less than 15 cents".

(4) In section 26 (3)-

(a) in paragraph (a)-

(i) delete "less than $100 or"; and

(ii)  delete "$400", substitute "$1 000"; and

(b) in paragraph (b)-

(i) delete "less than $200 or"; and

(ii) delete "$400", substitute "$2 000".

(5) In section 41 (2), delete "$400", substitute

"$2 000".

(6) In section 43 (3), delete "$200", substitute

"$2 000".

1989]

Agricultural Legislation (Penalties) Amendment Act [No. 20

Short title of Act

Amendment

27. Metropolitan Market Act

(1) In section 11A(3), delete "$400", substitute

1926   "$1 000".

(2) In section 13-

(a)

in subsection (1) (4i), delete "$200", substitute "$1 000"; and

(b)

in subsection (2), delete "$400", substitute "$2 000".

28. Pig Industry

(1) In section 12, delete "fifty dollars", substitute

Compensation Act 1942

"$2 000".

(2) In section 14 (2), delete "forty dollars", substitute

"$2 000".

(3) In section 16 (5), insert after "liable to" the

following-

" a fine not exceeding $2 000 or ".

(4) In section 17, delete "two hundred dollars",

substitute "$2 000".

(5) In sections 19 and 21 (h), delete "forty dollars",

substitute "$2 000".

29. Plant Diseases Act 1914

(1) In section 26, delete "$400", substitute "$200".

(2) In section 34 (1)-

(a) in paragraph (a)-

(i) delete

subparagraph

(i)

and

substitute

the

following

subparagraph-

(i) for a first offence, to a maximum penalty of

(ii)  in subparagraph (ii);, 'delete "to a minimum penalty of $2 000 and"; and

(iii)  in subparagraph (iii), delete "a minimum penalty of $5 000 and";

and

(b)

in paragraph (b) delete subparagraphs (i), (ii) and (iii) and substitute the following subparagraphs-

'

(i)

for a first offence to a maximum penalty of $10 000;

(ii)

for a second offence to a maximum penalty of $25 000; and

(iii)

for a third or subsequent offence to a maximum penalty of $50 000. ".

(3) Section 35 is repealed.

(4) In section 39 (2) (g), delete "$1 000", substitute

"$5 000".

30. Potato Growing Industry

(1) In section 16 (3), delete "One hundred dollars",

Trust Fund Act 1947

substitute "$2 000".

(2) In section 17 (2), delete "Twenty dollars",

substitute "$1 000".

(3) In section 21 (7), delete "Two hundred dollars",

substitute "$2 000".

(4) In section 26, delete "one hundred dollars",

substitute "$2 000".

No. 20] Agricultural Legislation (Penalties) Amendment Act

[1989

Short title of Act

Amendment

31.

Poultry Industry (Trust

(1) In section 11 (3), delete "Fifty pounds", substitute

Fund) Act 1948

"$2 000".

(2) In section 13 (2), delete "Ten pounds", substitute

"$2 000".

(3) In section 17 (9), delete "One hundred pounds",

substitute "$2 000".

(4) In section 25, delete "fifty pounds", substitute

"$2 000".

32. Rural Adjustment and

(1) In section 27, delete "Two hundred dollars" in

Finance Corporation Act

both places where it occurs, substitute in each (2) In section 28 (2), delete "Two hundred dollars",

1971  place "$2 000".

substitute "$1 000".

(3) In section 29 (1), delete "one hundred dollars",

substitute "$2 000".

33. Seeds Act 1981

(1) In section 6, delete "$200", substitute "$1 000".

(2) In section 7-

(a) in subsection

(1),

delete "$1 000",

substitute "$2 000"; and

(b)

(3) In section 8, delete "$1 000", substitute "$2 000".

(4) In section 9-

in subsection (3), delete "$200", substitute "$1 000".

(a)

in subsection (2), delete "$500", substitute "$1 000"; and

(b)

in subsection (3), delete "$200", substitute "$1 000".

(5) In section 13-

(a)

delete "$500", substitute "$1 000"; and

(b)

delete "$1 000", substitute "$2 000".

(6) In section 16, delete "$1 000", substitute "$2 000". (7) In section 26 (1) (m), delete "$500", substitute

"$2 000".

34. Skeleton Weed and

(1) In section 15, delete "Two hundred dollars",

Resistant Grain Insects

substitute "$2 000".

(Eradication Funds) Act

1974

(2) In section 16, delete "one hundred dollars",

substitute "$2 000".

35. Soil and Land

(1) In section 21 (5), delete "$500", substitute

Conservation Act 1945

"$1 000".

(2) In section 22 (4), delete "$1 000", substitute

"$2 500".

(3) In section 28 (1), delete "$1 000", substitute

"$2 000".

(4) In section 35-

(a)

in subsection (2a), delete "$2 000", substitute "$3 000"; and

(b)

(5) In section 42, delete "$500", substitute "$1 000".

(6) In sections 44 (1) and 48 (3) (b), delete "$500",

in subsection (4), delete "$500", substitute "$2 000".

substitute "$2 000".

1989]

Agricultural Legislation (Penalties) Amendment Act [No. 20

Short title of Act

Amendment

36. Stock (Brands and

(1) In section 61 delete paragraph (a) and substitute

Movement) Act 1970

the following paragraph-

" (a) to a penalty of not more than $2 000; ".

(2) In section 62 (2) (c), delete "$100", substitute

"$2 000".

37. Stock Diseases

(1) In section 10 (3)-

(Regulations) Act 1968

(a)

delete "minimum penalties not exceeding one hundred dollars, and";

(b)

delete "one thousand dollars", substitute "$5 000"; and

(c)

delete "ten dollars", substitute "$200".

(2) In section 12A(2), delete "One thousand dollars",

substitute "$2 000".

(3) In section 13 (4)-

(a)

delete "minimum penalties not exceeding two hundred dollars, and";

(b)

delete "two thousand dollars", substitute "$10 000"; and

(c)

delete "ten dollars", substitute "$200".

(4) In section 16 (3), delete "One thousand dollars",

substitute "$2 000".

38. The Wild Cattle

(1) In section 7, delete "One hundred pounds",

Nuisance Act 1871

substitute "$1 000".

(2) In section 9, delete "fifty pounds", substitute

"$1 000".

3. The Wild Cattle

In section 2, delete "One hundred pounds", substitute

Nuisance Act 1871

"$2 000".

Amendment Act 1878

4.

Veterinary Preparations

(1) In section 13 (2), delete "Two thousand dollars

and Animal Feeding

substitute "$4 000".

Stuffs Act 1976

(2) In section 15 (4), delete "Two hundred dollars",

substitute "$1 000".

(3) In section 36 (5), delete "Two thousand dollars",

substitute "$3 000".

(4) In section 37 (4), delete "One hundred dollars",

substitute "$200".

(5) In section 38 (4), delete "Two thousand dollars",

substitute "$3 000".

(6) In section 46 (2), delete "Two hundred dollars",

substitute "$500".

(7) In section 63 (2)-

(a)

in paragraph (a) (i), delete "five hundred dollars", substitute "$1 000"; and

(b)

in paragraph (c), delete "one hundred dollars", substitute "$200".

(8) In section 68 (3) (d)

(a)

delete "five hundred dollars", substitute "$2 000"; and

(b) delete "fifty dollars", substitute "$200".

No. 20] Agricultural Legislation (Penalties) Amendment Act

[1989

Short title of Act

Amendment

41. Veterinary Surgeons Act

(1) In section 16B(8), delete "$300", substitute

1960  "$1 000".

(2) In section 24A(1), delete "Five hundred dollars",

substitute "$2 000".

(3) In section 26 (6), delete "Five hundred dollars",

substitute "$2 000".

(4) In section 26A(1), delete "Five hundred dollars",

substitute "$2 000".

(5) In section 30, delete "two hundred dollars",

substitute "$2 000".

(6) In section 31 (2) (c )—

(a)

delete "two hundred dollars", substitute "$2 000"; and

(b) delete "ten dollars", substitute $200".

42. Western Australian Meat

(1) In section 241, delete "$1 000", substitute

Industry Authority Act

"$2 000".

1976

(2) In section 26 (2), delete "one thousand dollars",

substitute "$2 000".

(3) In section 27 (1) (i), delete "$500", substitute

"$2 000".

43.

Wheat Marketing Act

(1) In section 26 (3), delete "$1 000", substitute

1984  "$2 000".

(2) In section 29 (6), delete "$1 000", substitute

"$2 000".

(3) In section 30 (b), delete "$200", substitute

"$2 000".

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