Animals and Birds Act Amendment Act of 1924 (15 Geo v No. 13) (Qld)

10894 AGRICULTURE-ANIMALS AND BIRDS. Animals and Birds A.ct Amendment Act. 15 GEO. V. No. 13, Amendment (vi.) In subsection two of section eighteen, the of R. 18. words" twenty pounds" are repealed and the words "five pounds for the first offence and not exceeding twenty pounds nor less than five pounds for any second or subsequent offence" are inserted in lieu thereof. Service of notice, &c. (vii.) After section eighteen the following section is inserted:- " [18A. J (1.) Any notice order process or other document under this Act required or authorised to be given or served to or upon any person may be served- (i.) By delivering the same to such person; or (ii.) By leaving the same at his usual or last known place of abode; or (iii.) By forwarding the same by post in a prepaid letter addressed to such person at his usual or last known place of abode. (2.) Any such document required to be given to or served on the owner or occupier of any land may, if the name of the owner or occupier is not known, be addressed to him by the description of the" owner" or "occupier" of the land in question (naming it) without further name or description. (3.) Any such document, if addressed to the owner or occupier of land, may be served by delivering the same or a true copy thereof to some person on the land, or, if there is no person on the land who can be so served, by fixing the same on some conspicuous part of the land." ANIMALS AND BIRDS. 15 Gea. VT, An Act to Amend "The Animals and Birds Act of No. 13. THE 1921" in certain particulars. ANIMALS AND [ASSENTED TO 28TH OCTOBER, 1924.J BE BIRDS ACT AMENDME~ T ACT OF 19-4. it enacted by the King's Most Excellent Majesty, by andW'Ith theadv'ICe and consent 0 f the Legl. s- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - Short title 1. This Act may be cited as "The Animals and ot ot and Birds Act Amendment Act 1924," and shall be read coof nAsctrtu. ct,ion as one with *" The Animals and Birds Act 1921, " * 12 Geo. V. No. 20, supra, page 9645.

ANIMALS AND BIRDS. 10895 1924. Animals and Birds Act Amendment Act. herein referred to as the Principal Act. This Act and the Principal Act may be cited together as" The Animals and Birds Acts, 1921 to 1924." 2. The following amendments are hereby made in Ame~ dIl! ent the Principal Act :- ~ cr. rInClpal. (1.) The following amendments are made in section Amendment three :_ . of 8. 3. After the definition of "Close season" the following definition is inserted :- " "Dealer"-A person engaged or about to engage Dealer. in the business of dealing in animals or birds or the skins of animals or birds, whether by purchase, sale, or auctioning of the same or any of them, and whether on his own behalf or on behalf of any other person, and who is and whose premises are registered under this Act. The term, where necessary, includes the agent or servant of a dealer." Mter the definition of "District" the following definition is inserted:- " "Holding"-Any portion of country land com- Holding. prising more than two thousand five hundred and sixty acres held by one owner, and whether held in fee-simple or under lease license or other form of tenure from the Crown: when the same person is the owner of two or more parcels of land adjoining each other, whether such parcels are held under the same form or under different forms of tenure, such parcels shall be taken as one pprtion, and be regarded for the purposes of this Act as one holding." Mter the definition of "Land" the following definition is inserted:- " " Manager"-The resident manager of a holding Mana.ger. the owner whereof does not reside in the district. " Mter the definition of "Officer" the following definitions are inserted:- " " Owner"-The person for the time being entitled Owner. to possession of a holding. "Person" includes a partnership and joint stock Person. company and any association of persons, whether corporate or unincorporate."

10896 Ai\IlUALS .AND BIRDS. Animals and Birds Act Amendment Act. 15 GEO. V. No. 13, After the definition of "Regulations" the following definition is inserted:- Sale. " "Sale" (with its derivatives) includes auction and offering or attempting to sell or auction, or having in possession for sale or auction, or exposing for sale or auction, or sending, forwarding, or delivering for sale or auction, or ca1l.sing or suffering or permitting or allowing to be sold or auctioned or offered or exposed for sale or auction." Skin. Trapper. After the definition of "Sanctuary" the following definition is inserted:- ""Skin" includes feathers or any part of a skin." After the definition of "This Act" the following definition is inserted:- " "Trapper"-A person engaged in the occupation of securing animals or birds and who holds a subsisting permit in that behalf issued under this Act." Amendment, (2.) In paragraph (iv.) of section four, the words of s. 4. "any Crown land, and with the consent of the owner or occupier thereof any other land" are repealed and the words" any specified area of land (whether Crown land or not)" are jnserted in lieu thereof. In paragraph (v.) of section four, after the word "bird" the words "or skins of the same or declare conditions under which sales of such animals, birds, or skins shall be made" are inserted. Amendment (3.) In the first paragraph of section five, after the of 8. 5. word "rangers" the words "collectors of royalty" are inserted. (4.) After section eight the following sections are inserted :- Animals and " [8A. ] It is hereby declared that for the purposes of bpirrodpsetrhtye of this Act all animals and birds and all skins thereof, the Crown. until lawfully taken or killed, are the property of the Crown: Provided that, subject to the provisions of this Act, any trapper or dealer may take or kill animals or birds or have in possession any skins of the same for the purpose of sale or other disposal thereof for gain or reward.

ANI1\IALS AND BIRDS. 10897 1924. Anirnals and Birds Act Amendment Act. [8B.] (1.) There shall be charged and paid, in respect RoyeUy on of the skin of every animal or bird taken or killed in skins. Queensland, a royalty at the prescribed rate. Such royalty may vary in respect of different skins of animals or birds. Such royalty shall be payable by the person who takes or kills such animal or bird; but every dealer shall equally be liable for the payment of the prescribed royalty unless he proves that such royalty has been already paid. Any dealer who as agent pays any such royalty shall be entitled, in accounting with his principal, to deduct the amount so paid by the dealer by way of royalty. (2.) On receipt of the prescribed royalty the collector Bra.nding of royalties shall, in accordance with the regulations, skins. cause the skin to be branded with a prescribed brand as evidence of payment of the royalty. (3.) The collector may seize any skin charged with Se~zHre of the payment of royalty under this section in respect of skms. which the royalty has not been paid, and may keep possession thereof until the royalty is paid. (4.) The Minister may recover on behalf of the Recovery of Crown any royalty payable hereunder, by action or royaIt.y. proceeding in his official name in the Supreme Court or in any court of summary jurisdiction, and may also in like manner apply for and obtain from such court an order for sale of any skins charged with the payment of royalty hereunder, and the proceeds of such sale shall be applied as the Minister directs. (5.) Any person who evades or attempts to evade Penalty. payment of royalty under this Act shall be liable to a penalty not exceeding fifty pounds. A prosecution for an offence against this subsection may be brought at any time within six months after the fact of the commission of such offence came to the knowledge of the Minister. (6.) In any action or proceeding under this Act in Evidence. respect of royalty, the fact that any skin is not branded with the prescribed brand as aforesaid shall be prima facie evidence that royalty thereon has not been paid. (7.) The provisions of this section shall not apply to Rest!ict?d dingoes • foxes , h - are , s or rabbits. .. " . a o p f p s l e i c ~ tI t O l n O . n

10898 ANIMALS AND BIRDS. Animals and Birds Act Amendment Act. 15 Q-EO. V. No. 13, Amendmont . (5.) The following provision is added to section of s. 9. nme :-._- "A person who has been convicted of an offence under paragraph (ii.) of this section shall not be eligible to be granted or to hold a permit under this Act during the two years after the date of such conviction. In any prosecution for an offence against this Act, any person who has been convicted of an offence under the said paragraph (ii.) shall be deemed to have been and to have acted without a permit at the time in question, notwith- standing that at that time he was the holder of a permit." Amendment (6.) In section twelve, the words "offers or exposes of s. 12. for sale" are repealed; also in subparagraph (a) of paragraph (i.), before the words "be bought" the words" subject to this Act" are inserted. The following words are added to the said subparagraph (a) :· .... ·"and the carcass of any such bh'd may at any time be kept in cold storage for human consumption." Amendment (7.) In subsection four of section thirteen, after the of s. 13. word" birds," where it twice occurs, the words" or skins or" are inserted. In subsection five of the said section, the words "person who holds a license or a permit as a trapper under this Act" are repealed and the words" trapper or dealer" are inserted in lieu thereof; also the words "such license or permit" are repealed and the words "his permit or certificate of registration" are inserted in lieu thereof; also the words "his license or permit" are repealed and the words" his permit or certificate of registration" are inserted in lieu thereof. Amendment (8.) In subsection one of section sixteen, the words of s. 16. "licensfd wholesale hides and skins merchant" are repealed and the word "dealer" is inserted in lieu thereof. Amendment (9.) In parag aph (v.) of section eighteen, the words of s. IS. "offering or exp sing for sale" and the words "offered or exposed for sa " are respectively repealed. After the sai paragraph (v.) the following paragraph is inserted:- " (vi.) In an proceeding under this Act in respect of the payment of royalty on any skin, the onus of proof that royalty has been paid on such skin shall be upon the defendant."

ANIMALS AND BIRDS. 10899 192.,1. Animals and Birds Art Amendment Act. (10.) After section eighteen the following section is inserted :- " [18A.] All royalties, penalties, and other moneys Animals and received or recovered under this Act shall be placed to Birds Fund. the credit of a fund to be called the" Animals and Birds Fund." The moneys standing to the credit of the Animals and Birds Fund shall be applied in and towards the expenses of the administration of this Act and for carrying its provisions into full effect." (11.) In subsection five of section nineteen, the word Amendment "license" is repealed and the word "registration" is of s. l(l. inserted in lieu thereof. (12.) Paragraph (i.) of subsection one of section Amendment twenty is repealed and the following paragraph is inserted of s. 20. in lieu thereof:- " (i.) The grant of registrations to dealers in respect ~ egi8tra­ of themselves and their premises, and of permits to ~ Z: : its, &c. trappers; the conditions on which registrations and permits under this Act may be granted, suspended, or revoked, and their currency; the person by whom the same may be granted, suspended, or revoked; defining the holdings or localities in which trappers may carry on operations; facilitating the carrying-on such operations by conferring powers of entry and the like, having due regard to the necessary operations of owners, lessees, and managers of holdings; if deemed necessary, authorising the Minister to create a Board, consisting of one representative elected by the trappers, one representative elected by the owners, and one person appointed by the Minister, charged with the power and duty of granting registrations and permits or any of these in and for any district, and otherwise administering within such district the provisions of this Act and the regulations relating to registrations and permits or any of these; providing for the election or appointment or election in part and appointment in part of the members of such Board, their tenure of office, their qualifications and disqualifications for office, the nersons who shall be entitled to elect all or any of ;uch members, and the qualifications and disqualifications of such electors, that each elector shall have one vote only, the date of election, and the rules, forms, and directions to be observed in regulating the proceedings at and in connection with such elections, the expenses of elections, the ruling up of vacancies where no election has been· duly held and of casual vacancies on such Board, the removal by the

10900 ANIMALS AND BIRDS. ~ ~ - - ~~~ - " " - -- - - - - - - - - - " ~ ~ - Animal8 and Bird8 Act Amendment Act. 15 GEO. V. No. 13,1924. - - - - - - - - - -------- Governor in Council of any of such members; pre- scribing rules governing the powers, authorities, duties, proceedings, and business of such Board; and generally for carrying into full effect the provisions of this Act and such regulations in relation to such Boards and their functions: Provided that all registrations and permits whenever granted shall expire on the thirty-first day of December next ensuing after the grant thereof; and that no permit for the taking or killing of animals or birds shall be in operation during the close season of the animals and birds concerned." Paragraph (vii.) of the said subsection one is repealed. In paragraph (viii.) of the said subsection one, the words "licensed persons" are repealed and the words "dealers, and the inspection of such records by officers" are inserted in lieu thereof. In paragraph (x.), the word "licensing" is repealed and the word" registration" is inserted in lieu thereof; also after the word "keepers" the words "the inspection of the premises of dealers;" are inserted; also, after the words " conditions of" the word "premises" is inserted. In paragraph (xi.) of the said subsection one, the words "licenses and permits issued" are repealed and the words "registrations and permits granted" are inserted in lieu thereof. The following words are added to the paragraph ;-" prescrihing royalties payable under thls Act; providing means for preventing the evasion of the payment thereof, and for the mode of enforcing payment thereof." In subsection two of the said section, the words "both Houses of Parliament," and the word "Parlia- ment" where it thrice occurs are repealed and the words "the Legislative Assembly" are respectively inserted in lieu thereof. In subsection four of the said section, the words "both Houses of Parliament" and the words "each House respectively" are repealed and the words "the Legislative Assembly" are respectively inserted in lieu thereof.