Agriculture and Related Resources Protection Amendment Act 1986 (WA)

WESTERN AUSTRALIA

AGRICULTURE AND RELATED

RESOURCES PROTECTION

AMENDMENT ACT

No. 59 of 1986

AN ACT to amend the Agriculture and Related Resources

Protection Act 1976.

[Assented to 26 November 1986.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

1. This Act may be cited as the Agriculture and Related Resources

Protection Amendment Act 1986.

No. 59] Agriculture and Related Resources Protection

Amendment Act [1986

Commencement

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

proclamation.

Principal Act

3.     In this Act, the Agriculture and Related Resources Protection Act

1976* is referred to as the principal Act.

[*Reprinted as approved 10 February 1981 and amended by Acts Nos.

76 of 1981, 31 of 1983 and 112 of 1984.]

Section 5 repealed

4.     Section 5 of the principal Act is repealed.

Section 7 amended

5.     Section 7 of the principal Act is amended in subsection (1) by

deleting the definitions of "section" and "subsection".

Section 102 repealed and a section substituted

6.     Section 102 of the principal Act is repealed and the following

section is substituted

Offences to be heard by magistrate

102. Proceedings for an offence against this Act shall be heard

and determined by a court of summary jurisdiction composed of a

stipendiary magistrate. ".

Various penalties amended

7.     The principal Act is amended as set out in the following Table

TABLE

Provision affected Amendment

Sections 42 and 49 Delete the penalty provision, substitute " Penalty: For a

first offence, $100; for any subsequent offence, $500. ".

Section 44

Delete the penalty provision at the foot of subsection (1),

substitute " Penalty: For a first offence, $200; for any

subsequent offence, $1 000. ".

1986] Agriculture and Related Resources Protection [No. 59

Amendment Act

Section 51 Delete the penalty provision at the foot of subsection (1), substitute " Penalty: For a first offence under paragraph (a) or (b), $200; for any subsequent offence under the same paragraph, $1 000. ".

Sections 72, 77 and 78 Delete the penalty provision, substitute " Penalty: For a first offence under paragraph (a) or (b), not less than $100 nor more than $1 000; for any subsequent offence under the same paragraph, not less than $1 000 nor more than $5 000. ".

Sections 74 and 79

(1) Repeal subsection (3).

(2) Delete the penalty provision, substitute " Penalty:

For a first offence under subsection (1) or (2), not less than $100 nor more than $500; for any subsequent offence under the same subsection, not less than $500 nor more than $2 000. ".

Section 75

(1) Repeal subsection (4).

(2) Delete the penalty provision, substitute " Penalty:

For a first offence under subsection (1), (la), (lb) or (2), not less than $100 nor more than $500; for any subsequent offence under the same subsection, not less than $500 nor more than $2 000. ".

Section 80 Delete the penalty provision at the foot of subsection (1), substitute " Penalty: For a first offence, not less than $100 nor more than $1 000; for any subsequent offence, not less than $1 000 nor more than $5 000. ".

Section 81 Delete the penalty provision, substitute " Penalty: For a first offence, not less than $100 nor more than $1 000; for any subsequent offence, not less than $1 000 nor more than $5 000. ".

Section 83 Delete the penalty provision at the foot of subsection (1), substitute " Penalty: For a first offence, not less than $100 nor more than $500; for any subsequent offence, not less than $500 nor more than $2 000. ".

Section 87	Delete "Two hundred dollars", substitute " $500 ".
Section 92 (6)	Delete "Fifty dollars", substitute " $100 ".
Section 108	Delete "five hundred dollars", substitute " $1 000 ".
Transitional

8. Where, before the day on which this Act comes into operation, proceedings for an offence against this Act have, in accordance with the principal Act as in force before this Act came into operation, been heard or partly heard by a court of summary jurisdiction that is not composed of a stipendiary magistrate, those proceedings may be heard and determined as if section 6 of this Act had not been enacted.