Apiaries Act of 1938 (2 Geo Vi No. 10) (Qld)

16932 BEES. Apiaries Act. 2 GEO. VI. No. 10, BEES. 2 N G o E . O. 10 V . I. An Aot to Consolidate and Amend the Law relating THE APIARIES ACT OF 1938. to the Regulation and Control of the Keeping of Bees, and for the Control and Restriotion of Diseases and Pests in relation thereto; and for other purposes. [ASSENTED TO 20TH OCTOBER, 1938.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title and commence· ment. 1. This Act may be cited as " The Apiaries Act of 1938," and shall, subject as otherwise provided, com- mence and take effect on a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette, which date is hereinafter referred to as the commencement of this Act. Repeal of the Act 22 Geo. V. No. 15. Savings. 2. *" The Apiaries Act of 1931 " is repealed. The said Act is herein referred to as " the repealed Act " : Provided that, but without limiting the operation of t" The Acts Shortening Acts "- (a) All Proclamations and notifications made and published, all appointments made, all regula- tions and forms made and promulgated, any authority, direction, notice, or order made or given under the repealed Act, and all things done or purporting to be done under the repealed Act, and generally all acts of .authority originated under the said repealed Act and in force or subsisting at the com- mencement of this Act, shall continue in full force and effect and shall so far as is consistent with this Act be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 made, published, promulgated, given, done, and originated under and for the purposes of this Act; * 22 Geo. V. No. 15, supra, page 13391. t 31 Vie. No. 6 and amending Acts, supra, pages 15 et seq.

1938. BEES. Apiaries Act. 16933 (b) All matters and proceedings commenced under the said repealed Act and pending or in progress at the commencement of this Act may be continued, completed, and enforced under this Act ; (c) All fees and other moneys due and payable under the repealed Act and unpaid at the commencement of this Act shall continue to be due and payable and may be recovered under this Act. 3. In this Act, unless the context otherwise indicates Interprets. or requires, the following terms have the meanings tion. respectively assigned to them, that is to say : - "Apiary"-Any place where bees are kept or Apiary. any appliances in which bees are or have been kept: the term shall include a single hive as well as a number of hives standing in a group; " Appliance"-Any apparatus or implement that Appliance. has been used or that in the opinion of an inspector has been used in beekeeping or in handling, housing, or storing bees, bee comb, beeswax, or honey; " Approved"-Approved under this Act; Approved. " Beekeeper"-Any person who keeps bees or the Beekeeper. person in charge of bees, ,or, where reasonable inquiry fails to establish the beekeeper as aforesaid, then the person with whose knowl- edge, connivance, or consent the bees in question are kept on any land, premises, or place occupied or owned by him, or who is the owner of or has in his possession any appliances that have been used in connection with beekeeping, or with whose knowledge, connivance, or consent any such appliances are kept on any land, premises, or place owned or occupied by him; " Commercial apiary"-An apiary containing not Commercial less than a certain number of hives, such apiary. number to be prescribed; " Commercial beekeeper"-Any person who keeps Commercial bees in one or more commercial apiaries or beekeeper. the person in charge of one or more commercial apiaries, or where reasonable inquiry fails to

16934 Director of Plant Industry (Research). Disease. District. Frame hive. Fungus. Hive. Honorary field man. BEES. A piaries Act. 2 GEO. VI. No. 10, establish the commercial beekeeper as afore- said, then any person with whose knowledge, connivance, or consent one or more com- mercial apiaries is or are kept on any land, premises, or place occupied or owned by him; "Director of Plant Industry (Research}"-Such officer or the officer for the time being in charge of the activities implied in such title; " Disease"-Any disease affecting bees, bee combs, beeswax, or honey caused by or consisting of the presence of any insect or fungus; and any other disease affecting bees, bee combs, beeswax, or honey which the Governor in Council from time to time by Proclamation declares to be a disease within the meaning of this Act, and whether or not caused by or consisting of the presence of any insect or fungus: without limiting the generality of this definition, the term includes the presence of suspicious symptoms which, although not ascertainable as a certain specific disease, in the opinion of the Minister should be deemed a disease for the purposes of this Act; "District"-A district constituted under this Act; "Frame hive"-A hive containing moveable frames in which the combs are built, and which may be readily removed from the hive for examination, and which is approved; "Fungus"-Any fungus, virus, or bacterium which the Governor in Council from time to time by Proclamation declares to be a fungus within the meaning of this Act, in whatever stage of existence such fungus, virus, or bacterium may be; "Hive"-Any receptacle housing living bees or that in the opinion of an inspector has ho~ sed living bees: a hive is a unit in an apIary; "Honorary field man"-A person appointed by the Minister to carry out such duties and do such things under this Act as may be pre- scribed as being the duties of an honorary field man;

BEES. 16935 1938. Apiaries Act. "Insect"-Any insect which the Governor in Insect. Council from time to time by Proclamation declares to be an insect within the meaning of this Act, in whatever stage of existence such insect may be: for the purpose of this Act the term " insect" also includes" mites" ; " Inspector"-An inspector appointed under this Inspector. Act or any person for the time being performing the duties of an inspector; " Land"-The term includes freehold, leasehold, Land. and every other tenure whatsoever; "Minister"-The Secretary for Agriculture and Minister. Stock or other Minister of the Crown charged for the time being with the administration of this Act; " Person"-Includes any partnership or firm, and Person. any body of persons corporate or unincor- porate, or persons domiciled under one roof; "Prescribed"-Prescribed by this Act; Prescribed. " Sale"-Includes barter and exchange and supply, Sale. and also offering or attempting to sell or receiving for sale, or having in possession for sale or exposing for sale, or sending, forward- ing or delivering for sale, or causing or suffering or allowing to be sold or offered for sale: and the words "sale," "sold," and other derivatives have correlative meanings; "Site"-Any land, premises, or place in or on Site. which bees are kept: this term means in particular the actual area occupied by a hive or hives comprising an apiary; "This Act"-This Act and all Proclamations, This Act. Orders in· Council, directions, orders, and regulations made thereunder; " Under Secretary"-The Under Secretary, Under Department of Agriculture and Stock, or the Secretary. person for the time being performing the duties of such office. . 4. This Act shall extend to and be in force in the Application Pastoral Districts of Moreton, Darling Downs, Wide Bay, 1~ ~?\ to and Burnett, these districts to be known respectively for ( IS rlC s. the purpose of this Act as Apiaries District No. 1, Apiaries District No. 2, Apiaries District No. 3, and Apiaries District No. 4.

16936 BEES. Apiaries Act. 2 GEO. VI. No. lO, Subject to this Act, this Act shall extend to and be in force in such other districts as the Governor in Council may by Order in Council published in the Gazette from time to time declare. For the purposes of the aforesaid provisions the Governor in Council may from time to time by Order in Council declare the whole or any part or parts of the State to be a district or districts for the purposes of this Act, and may in like manner alter the boundaries of or abolish any district (including any district mentioned in the first paragraph of this section). In any proceedings under this Act a certificate under the hand of the Under Secretary that any land, premises, or place is included in a district within which this Act is in force shall be admissible in evidence and shall be sufficient evidence that such land, premises, or place is within the district named in such certificate unless and until the contrary is proved. All courts, judges, justices, and persons acting judicially shall take judicial notice of the signature of the Under Secretary to every such certificate. Appoint- ment of inspectors. &c. 5. (1.) The Governor in Council may from time to time appoint such persons as may be deemed necessary to be inspectors under this Act, and such other officers as may be deemed necessary to carry out the objects and purposes of this Act, and may from time to time suspend, dismiss, or remove any such inspectors or officers. Appoint- (2.) The Minister may from time to time appoint ment of such persons as may be deemed necessary to be honorary hfioenldomraeryn. . field men under this Act and may from time to time cancel the appointment of any such honorary field men. Restriction of the keeping of bees. 6. (1.) No person shall keep bees or allow bees to be kept in or upon any land, premises, or place occupied or owned by him unless the keeping of bees in or upon such land, premises, or place shall be approved by the Under Secretary. Where bees are kept in or upon any land, premises, or place contrary to this subsection with the knowledge, connivance, or consent of the owner or occupier thereof, such owner or occupier shall be deemed to allow such bees to be so kept.

BEES. 1938. Apiaries Act. (2.) No person shall establish a new apiary on or in any land, premises, or place unless the establishment of such apiary in or upon such land, premises, or place shall be approved by the Under Secretary. 'Vhere a new apiary is established in or upon any land, premises, or place contrary to this sub- section with the knowledge, consent, or connivance of the owner or occupier thereof, such owner or occupier shall be deemed to establish such new apiary. (3.) Approval shall not be granted for the establish- ment of a new commercial apiary in or upon any land, premises, or place within a radius of a mile and a-half of a mile of any land, premises, or place in or upon which the establishment of any other commercial apiary has already been approved: Provided that the radius aforesaid may in any particular district be such distance greater than a mile and a-half of a mile as may be prescribed: Provided further, that if an inspector certifies in writing that in his opinion the establishment of any new commercial apiary would unduly encroach upon a commercial apiary already approved then approval shall not be granted for the establishment of such new commercial apiary in or upon any land, premises, or place within such radius of the land, premises, or place in or upon which the commercial apiary already approved is established as may be determined by the Under Secretary. Provided moreover, that if a beekeeper keeping a commercial apiary already approved certifies in writing in the prescribed form to the Under Secretary his consent that the distance between the land, premises, or place in or upon which such approved commercial apiary is established and the land, premises, or place in or upon which a new commercial apiary is proposed to be established may be less than the prescribed distance, then the distance between the land, premises, or place in or upon which such new commercial apiary may be established, and the land, premises, or place in or upon which such approved commercial apiary is already established may be at such distance less than the prescribed distance as the Under Secretary may determine, and in that case the approval of such new commercial apiary to be established may be for a limited period determined by the Under Secretary: 16937

16938 BEES. Apiaries Act. 2 GEO. VI. No. lO, Provided finally, that any apiary consisting of not less than the number of hives prescribed for a com- mercial apiary established at the date of commencement of this Act in respect to which registration upon a site granted under *" The Apiaries Act of 1931 " is current at such date shall unless otherwise determined be deemed to be a commercial apiary the establishment of which in or upon the land, premises, or place comprising such .site has been approved. (4.) If an inspector certifies in writing that the establishment of a new apiary not being a commercial apiary in or upon any land, premises, or place would unduly encroach upon an approved commercial apiary, then the Under Secretary may by a notice in writing prohibit the establishment of such new apiary in or upon such land, premises, or place. (5.) A certificate by the Under Secretary in the prescribed form or to the like effect that the establishment of a new apiary in or upon any land, premises, or place has or has not been approved, or that the establishment of a new apiary not being a commercial apiary in or upon any land, premises, or place has been prohibited, shall unless and until the contrary is proved be sufficient evidence of the fact so certified to. Any such certificate with respect to the approval of a new apiary may include a description of the hives approved for use therein, and thereupon shall, unless and until the contrary is proved, be sufficient evidence that hives as so described and no other hives have been approved for use in the apiary concerned. All courts, judges, justices, and persons acting judicially shall take judicial notice of the signature of the Under Secretary to any such certificate· as aforesaid. Bees to be 7. (1. ) No person shall keep bees or allow bees to be kept in kept in any apiary or in or upon any land, premises, or frame hive. place occupied or owned by him except in a frame hive. When bees are kept in or upon any land, premises, or place contrary to this subsection with the knowledge, consent, or connivance of the occupier or owner thereof he shall be deemed to allow such bees to be so kept. This subsection shall not extend or apply to native or indigenous bees in their native habitat. * 22 Geo. V. No. 15, supra, page 13391.

1938. BEES. Apiaries Act. 16939 Any person who offends against this subsection shall be liable to a penalty of not more than five pounds for a first offence, and to a penalty of not more than twenty pounds for a second or subsequent offence. (2.) In the event of any hive being or becoming in such a condition that it cannot readily be handled for inspection, an inspector may order its replacement by an approved hive within such time as is specified in such order. (3.) If at the expiration of such specified time an inspector finds bees hived otherwise than in an approved hive he may cause such bees to be transferred to an approved hive at the beekeeper's expense, and the bee- keeper shall, whether or not the inspector has caused such transfer to be made, be liable to a penalty not exceeding five pounds: Provided that where the costs involved in any such transfer exceed five pounds, the inspector shall not cause such transfer without prior authority of the Minister. 8. (1.) An application for approval of hives in Beekeepers which bees are to be kept and of the site thereof shall ~~epin1 th (and whether with respect to a commercial apiary or an c~ : :n: nce_e apiary other than a commercial apiary) be made to ~ e: t o~ this the Under Secretary in the prescribed form or to the b: ek~ ~ pers like effect. subst;quently keepmg Such application shall, in the case of a person who hiv~ s ~ o is a beekeeper as at the commencement of this Act, be : ~ ~ iov~ [ of made within one month after the commencement thereof ~ ~ ves and and shall, in any other case, be made before the person 81 e. concerned commences to keep bees or to allow bees to be kept. The like application shall be made before any bee- keeper alters the site of the hives approved in his case. A certificate of approval issued under this subsection shall, subject to this Act, remain in force for the pre- scribed·time, but may be renewed from time to time on application in the prescribed form or to the like effect being made not less than fourteen days before the expiration thereof. Where a certificate of approval of the site of any hive or hives issued under the repealed Act is in force at the commencement of this Act, the beekeeper concerned may continue to hold such certificate in lieu of the like

16940 BEES. Apiaries Act. 2 GEO. VI. No. 10, certificate issuable under this Act: Provided that the same shalt be so held and be renewable under and subject to this Act. (2.) Every certificate of the Under Secretary approving of the site of any hives shall contain a description of such site: Provided that the description of an approved site in terms which reasonably fix the identity thereof shall be sufficient compliance with this subsection. (3.) No person other than a commercial beekeeper shall be granted approval to keep hives on more than one site. (4. ) No commercial beekeeper shall be granted approval to keep hives except in a commercial apiary or approval for any sites for hives other than those on which he establishes commercial apiaries, and such approval shall lapse in respect of any site approved for hives on which a commercial apiary is not continuously maintained. (5.) An application for approval or renewal of approval of a site of an apiary and of the hives comprising such apiary shall be accompanied by a fee as prescribed, but such fee shall not exceed the following scale nor shall it be payable more than once annually :- 8. d. Each site on which an apiary, not being a commercial apiary, is kept- ~ There the number of hives does not exceed ten 26 Where the number of hives exceeds ten 50 Each site on which a, commercial apiary is kept 10 0 (6.) A certificate under the hand of the Under Secretary that he has or has not approved of any hives mentioned therein, and/or that he has or has not approved of the site of such hives shall be sufficient evidence of the fact or facts so certified to unless and until the contrary is proved. Every court, judge, justice, and person acting judicially shall take judicial notice of the signature of the Under Secretary to every such certificate. Certificate of 9. If an inspector certifies in writing that an b ap e p i r s o su v e a d l . to apiary in respect of which an application for approval has been received conforms to the conditions prescribed

BEES. 16941 1938. Apiaries Act. in this Act, the Under Secretary shall issue to the bee- keeper who has made such application a certificate of approval in the form prescribed in respect to the site for the period ending on the date mentioned in the certificate and in respect to the hives comprising such apiary at the date on which the certificate is issued. 10. (1.) If an inspector certifies in writing that in Approval of his opinion- a slte may be cancelled. (a) The approved site of an apiary is or has become unsuitable for beekeeping; or (b) The provisions of this Act are not being continuously complied with in respect of any apiary the site of which has been approved, the Minister may cancel the approval of the site of such apiary and, moreover, the Minister may cancel the approval of the site of an apiary if in his opinion the keeping of bees upon such site is detrimental to public interest. (2.) If an inspector certifies in writing that in his: opinion the bees from an apiary other than a commercial apiary the site of which has been approved unduly encroach upon an approved commercial apiary, the Minister may cancel the approval of the site of such firstmentioned apiary (not being a commercial apiary). (3.) When the Minister cancels the approval of the site of an apiary under subsection one or subsection two of this section he may cause an order to be issued to the beekeeper concerned ordering him to deliver up to the Under Secretary the certificate of approval issued with respect to such site. Such beekeeper shall forthwith deliver up the certificate aforesaid or produce proof of its loss or destruction in the form of a statutory declaration to the Under Secretary. (4.) The cancellation of any approval of the site of an apiary shall take effect on and from such date as the Minister directs; and the fact that the beekeeper concerned has not delivered up his certificate of approval for cancellation or that same has been lost or destroyed shall be immaterial. 11. No beekeeper shall- Provisions as ( a ) K eep, or a 11 ow t 0 b e k ep t , upon any 1 and .. , to disease. premises, or place occupied or owned by him any bees, bee combs, hives, beeswax, honey,

16942 BEES. Apiaries Act. 2 GEO. VI. No. 10, or appliances which are affected by a disease or which in the opinion of an inspector are affected by or liable to spread a disease without immediately taking approved steps to cure or eradicate the disease; or (b) Remove, sell, give away, or otherwise than in an approved manner dispose of any bees, bee combs, hives, beeswax, honey, or appliances from an apiary so affected by or liable to spread a disease. N otification 12. Every beekeeper in whose apiary any disease by' appears shall immediately give notice thereof in writing obfeedkiseeeapseer. under his hand to the Under Secretary. Powers of inspector and honorary field men. 13. (1.) Any inspector, or honorary field man, or authorised officer may enter and inspect any land, premises, or place upon or in which bees, bee combs, beeswax, honey, or appliances are kept or suspected by him to be kept, and may inspect any bees, bee combs, beeswax, honey, or appliances or any articles used in connection therewith. Removal (2.) Any person may for the purposes of any for examina- inspection authorised under subsection one of this tainoanlyosris. sec t' IOn remove f or examl . na t· IOn or ana I YS ' IS any b ees, or portions or samples of or from any bee combs, beei3wax, honey, or appliances found by him: Provided that where the method of any such removal is prescribed such removal shall be effected in accordance with the prescribed methods. (3.) No inspector, or honorary field man, or authorised person, or person acting under the direction or order of an inspector or the Minister shall be deemed to be a trespasser by reason of any entry or removal or destruc- tion under this Act, or be liable for any damage occasioned in carrying out the provisions of this Act, unless the damage was occasioned wilfully and maliciously and without reasonable and probable cause. prII:eignmhstiatttoioofcno. rn· any 1 co 4 m . p ( e 1 n .) saNtIo . Onpewr h soantsosehvaellr ' I b II e ceonntsitelqeudentcoe 0 re f ceaInvye measures taken for-- (a) The removal of any bees, bee combs, hives, beeswax, fittings, apparatus, or appliances ordered or caused to be removed under this Act; or

1938. · BEES. Apiarie8 Act.16943 (b) The eradication of any disease or the destruc- tion of any bees or any appliances or articles ordered to be destroyed under this Act, or in respect of any damage that may result to him therefrom either directly or indirectly unless the same was occasioned wilfully and maliciously and without reasonable and probable cause. (2.) Proof that any such damage was occasioned wilfully and maliciously and without reasonable and probable cause by any inspector or honorary field man or authorised person or other person aforesaid shall lie on the person making any claim in respect of any such damage. (3.) No action shall be brought against any person acting in the execution of this Act for anything alleged to be done or omitted to be done thereunder unless the same is commenced within four months after the act or omission complained of has occurred. 15. (1.) If an inspector certifies in writing to the Minister Minister that any bees are affected by a disease and in his ~ ar or~~r opinion are a source of danger to other bees and that they o~ t: : i~ n ought to be destroyed, the Minister may, if such certificate certain is confirmed by the Director of Plant Industry (Research), cases. cause an order to be made directing the beekeeper in charge to destroy such bees and/or the hives containing such bees. (2.) If at the expiration of seventy-two hours after the service of such order upon such beekeeper the bees and/or hives concerned are not destroyed, any inspector may cause the same to be destroyed at the beekeeper's expense. 16. (1.) If an inspector upon inspection finds that Inspector any bee combs, beeswax, honey, or appliances are in his ~ ah. orde~ opinion affected by a disease or liable to spread a disease t~ eb~ ves, c. he may order the owner, agent, or person in charge of cleansed. such bee combs, beeswax, honey, or appliances to cleanse and/or disinfect and/or isol~ te such bee combs, beeswax, honey, or appliances in snch manner and within such period as he directs in the order, and such owner, agent, or person in charge shall cause such bee combs, beeswax, honey, or appliances to be cleansed and/or disinfected and/or isolated accordingly.

16944 BEES. Apiaries Act. 2 GEO. VI. No. 10, (2.) If at the expiration of the period directed in the order such bee combs, beeswax, honey or appliances are not cleansed and/or disinfected and/or isolated in the manner directed, any inspector may cause the same to be cleansed and/or disinfected and/or isolated at the beekeeper's expense. (3.) If such inspector certifies to the Minister in writing that any of the articles included in this section cannot be effectively cleansed or disinfected and that they ought to be destroyed, the Minister may authorise such inspector to have such articles destroyed at the cost of the owner thereof, and thereupon such inspector may destroy such articles or cause same to be destroyed. Recovery of 17. The amount of any costs, charges, and expenses, c~ sts, d together with interest at the prescribed rate, incurred ~x~ ~ ~ : ~ s. an by any inspector in or. about taking such measures as prescribed shall, and whether or not proceedings have been instituted for the recovery of a penalty, be recover- able from the aforesaid beekeeper, owner, agent; or person in charge of the articles affected by disease as aforesaid by complaint in a summary way or by action in any court of competent jurisdiction. Minister may order removal in certain cases. 18. If an inspector certifies in writing to the Minister that any person is keeping bees on any site and/or in or upon any land, premises, or place not approved, the Minister may cause an order to be made directing the beekeeper to remove the hives containing the bees to another site within a period specified in the order, such site to be such as may be approved. Minister may cause removal in certain cases. 19. (1.) If an inspector certifies in writing to the Minister that any person who failed to carry out an order to remove the hives containing his bees to an approved site and who has been convicted for such offence is continuing the keeping of bees on a site not approved (whether the site in respect of which he was convicted or another site) upon a date within four weeks following the date of such conviction then the Minister may cause an order, hereinafter referred to as a" final order of removal" to be issued directing the beekeeper to remove the hives containing the bees to a site such as may be approved within four weeks of the date of the issue of the final order of removal.

BEES. 16945 1938. Apiaries Act. (2.) If an inspector certifies in writing to the Minister that a person has failed to carry out a final order of removal within the period prescribed then the Minister may instruct an inspector to remove the hives from the site not approved or to cause such hives to be removed; and such inspector shall thereupon seize and remove such hives or cause such hives to be seized and removed to a site selected by the inspector and approved. 20. The amount of any costs, charges, and expenses Recovery of incurred by an inspector in or about effecting such costs, removal as prescribed by section nineteen hereof and ~ ~ : ~ : s: md placing the hives on an approved site together with interest at the prescribed rate and the fee for the current registration of the site chosen by the inspector shall, and whether or not proceedings for the recovery of a penalty for failure to obey the final order of removal have been instituted, be recoverable from the beekeeper by complaint in a summary way or by action in any court of competent jurisdiction. 21. No person shall introduce or cause to be Restriction introduced into the State of QueeI?-sland any bees, f~troduction bee combs, beeswax, honey, or applIances unless the into same s • hall be accompanied by a certificate in writing as 0 Qfubeeeenss,lan& cd. prescrIbed from an approved officer of the Department of Agriculture in the country or State of origin thereof certifying that the same come from a district in which Foulbrood (Bacillus larva3, Bacillus pluton, or Bacillu8 alvei), or Isle of Wight Disease (Acarine Disease), or any disease proclaimed by the Governor in Council to be a disease to which this section applies, do not exist. Notwithstanding any such certificate as aforesaid the Minister may prohibit the introduction into the State of any bees, bee combs, beeswax, hives, honey, or appliances in respect to which an inspector certifies in writing that the same are affected by a disease and such certificate is confirmed by the Director of Plant Industry (Research). Any person offending against any provision of this section shall be liable to a penalty not exceeding ten pounds for a first offence, and to a penalty not exceeding fifty pounds for any second or subsequent offence: Provided that no person shall be entitled to receive any compensation whatsoever in consequence of any expenses, loss, or damage incurred in consequence of any

16946 BEES. Apiaries Act. 2 GEO. VI. No. 10, measures taken with respect to any imports of any bees, bee combs, beeswax, honey, or appliances, whether by way of opening of packages, or by detentiori of such bees, bee combs, beeswax, honey, or appliances during inspection or by prohibiting entry of such bees, bee combs, beeswax, honey, or appliances under this section, whether accompanied by a certificate or not. Quarantine area. 22. (1.) The Department of Agriculture and Stock and precincts, William Street, Brisbane, shall be a quarantine area. Within this quarantine area bees and/or articles affected by or liable to be affected by a disease may be kept, stored, isolated, and treated and/or examined and/or investigated at the discretion of the Director of Plant Industry (Research) subject to the approval of the Minister. The Minister may from time to time appoint such other buildings and precincts as he shall deem necessary to be quarantine areas to which this subsection applies. (2.) The Minister may declare any area affected by disease a quarantine area, and may determine the nature of the quarantine to be imposed in such area, and may order that no bees, bee combs, beeswax, honey, or appliances used in connection with beekeeping be removed herefrom for a prescribed period. (3.) A quarantine area may be so declared in an area associated with or contiguous to an area affected by disease or suspected of being affected by disease. (4.) Any area so declared a quarantine area under this section shall remain and continue to be a quarantine area until released by order of the Minister. (5.) In any case in which in his opinion urgent measures are necessary to be had and taken an inspector may declare an area affected by disease a quarantine area, and the same shall, unless and until the Minister otherwise determines, be a quarantine area for the purposes of this Act. (6.) The duties and obligations and any course of action to be taken by the beekeeper in any such quaran- tine area shall be as is prescribed or as may be directed by the Minister or, in the case of a quarantine area declared by an inspector, as may be directed by such inspector. foPoferramrpeiimassroiyov. nal remo 2 v 3 e . h ( i 1 s .) aApiabreyekoerepearnyin uanidtistthriecrteowf hoshainlltenwdisthtion fourteen days prior to such removal lodge an application

BEES. 16947 1938. ------------- Apiaries Act. - - - --------- ------------ in the form prescribed to the Under Secretary for per- mission to remove such and to place it on the site to be .specified in the application. (2.) The Governor in Council may from time to time -declare the nature of any conditions, restrictions, or prohibitions governing the removal of bees, bee combs, beeswax, honey, or appliances from one district to another district within the State. 24. A beekeeper who sells his apiary or part of his Under , ( a) fpisaureyhshm. atlel npdrieodr staolesuacshfsoallloewnso: ti-fy the Under Secretary bo Se fe c s r na e ol t et ~ l l l o l : e y f dto (1) If an apiary or part of an apiary is sold for ~ ~ ~ ~ r; f or removal by the purchaser to another site apiary. then the Under Secretary shall be notified in the prescribed form; (2) If an apiary or part of an apiary is sold but is to be retained by the purchaser on its present site then the Under Secretary shall be notified in the prescribed form. 25. (1.) The Under Secretary may by writing under Beekeeper his hand request any beekeeper to furnish him within a ~ o furnis~ t I · me t ·0 be speC! ·fied I.n such request W · l th a 1 I · St shOW.Ing r m e fqournereantlObenes the names and addresses in full of all persons to whom supplied by such beekeeper has supplied queen bees during such ~ : : ~ ~ d. period as is specified in such request. (2.) Any beekeeper who fails to furnish such list within the required time or who furnishes a list which is false in a material particular shall be guilty of an offence and liable to a penalty of not more than twenty pounds. 26. All containers of honey being honey produced Containers in Queensland shall be marked as prescribed. ~ ~ ~~ ~ :i: el~ 27. (1.) Every person shall be guilty of an offence Offences. against this Act who- (a) In any manner obstructs or impedes any inspector or honorary field man or other person in the execution of any of the powers conferred by this Act; or (b) Disobeys or neglects or fails to comply with this Act or any order, notification, or direction given in pursuance thereof.

16948 BEES. Apiaries Act. 2 GEO. VI. No. 1O~ --- ._--._-------------------- (2.) If any person is guilty of an offence against this section he shall be liable to a penalty not exceeding five pounds for the first offence and not exceeding twenty pounds for any second or subsequent offence. General penalty. (3.) Any person who is guilty of an offence or of a contravention of this Act for which no specific penalty is in this Act provided shall be liable to a penalty not exceeding twenty pounds. Penalty. (4.) All penalties incurred for any offence against and all fees due and unpaid under this Act may be recovered in a summary way under *" The Justices Acts, 1886 to 1932," on the complaint of any inspector or other person authorised by the Minister. Recovery of In every case where a conviction is obtained the expenses. court may adjudge the defendant to pay to the prosecutor all proper expenses of the prosecution. Service of notice, &c. Court may proceed ex parte. 28. (1.) Any notice, direction, 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. (4.) The court may, if satisfied that there is no occupier of such land, and that the owner thereof is absent from Queensland or is unknown, proceed to hear and adjudicate upon any complaint in respect * 50 Vic. No. 17 and amcnding Acts, supra, pages 1132 et seg.

1938. BEES. Apiaries Act. 16949 thereof ex parte, and in such case the expenses of any <such proceedings ordered to be paid by the defendant shall until paid be and remain a charge on such land .and payable by the owner thereof for the tIme being. 29. (1.) The production of any order, direction, or Proof of notification purporting to be signed by the Minister or order. Under Secretary or by any inspector or other officer authorised by the Minister, or of any certified copy thereof, shall in the absence of proof to the contrary be sufficient evidence of the due making of such order, direction, or notification, and that it was duly signed by the person by whom it purported to be signed. (2.) The production of a certificate purporting to be :signed by any inspector or of any certified copy thereof that any costs, charges, or expenses of an amount stated have been incurred by such inspector upon any land, premises, or places under or for the purposes of this Act shall be prima facie evidence that costs, charges, or -expenses were duly incurred and that the amount thereof :so stated is the correct amount. (3.) In any proceedings for an offence against this Act the averment of the prosecutor in the complaint that any person is an inspector, honorary field man, authorised person, or person acting under the direction or order of the Minister or an inspector shall be evidence of the matter averred and shall, unless evidence in rebuttal beyond reasonable doubt is given, be sufficient evidence of the fact so averred. 30. All expenses incurred in the administration of Expenses this Act shall be paid out of moneys to be appropriated of Act. by Parliament for that purpose. 31. In any proceedings for an alleged offence Evidence. against this Act it shall not be necessary to prove the appointment of any inspector or other authorised officer, or the authority of any inspector or other authorised officer, to do any act or to give any direction or issue or serve any notice or to take any proceedings. 32. (1.) The Governor in Council may from time Regulations. to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act.

16950 BEES. Ap'iaries Act. 2 GEO. VI. No. 10" Without limiting the generality of the foregoing provisions, such regulations may provide for all or any of the following matters:- (a) Proclaiming the nature of any disease as a disease under this Act. (b) Prescribing quarantine and the nature thereof and all matters and things regarding quaran- tine and the administration thereof including the matter of appointment of places of entry and quarantine, and generally any matter or thing necessary, expedient, or convenient to give full effect to quarantine. (c) Securing the approval and efficient inspection of apiaries, prescribing the fees to accompany applications for such approval or the renewal thereof and the period during which any such approval or renewal thereof shall be in force, and the forms in respect of such approval. (d) The marking or labelling of containers of honey. (e) Defining the duties of inspectors and honorary field men under this Act. (j) Defining the duties and obligations of beekeepers under this Act. (g) All matters or things required or permitted by this Act to be prescribed. (h) The issue, renewal, or refusal of any permit as may be prescribed; the form of any permit or other forms under this Act and any fee therefor as may be prescribed. (i) Prescribing returns of statistics and data to be furnished to the Minister or any officer, and the contents thereof, by any person (whether a beekeeper or not), and the time and mode of making and furnishing the same. (j) Prescribing the method of removals under this Act for examination or analysis. (k) Imposing penalties not exceeding in any case twenty pounds for any breach of the regulations. (l) Generally for carrying this Act into effect.

1938. BEES. Apiaries Act. 16951 (2.) Regulations may be made on the passing of May be made this Act. on passing of Act. (3.) Any such regulations shall take effect on the When to date of the publication in the Gazette or from a later take effect. date to be specified in any such regulations concerned. 33. All Proclamations, Orders in Council, and ~ roclama- regulatl·Ons mad e or purportm. g to have been made under itlnO C n ~ s un O ci r l d , ers this Act shall be published in the Gazette, and thereupon and . shall be of the same effect as if they were enacted in this ~ ~ gr~ : ! ; : rt Act and shall be judicially noticed, and shall not be of this Act. questioned in any proceedings whatever. Any such Proclamation or Order in Council or regulati~ : m may be rescinded or amended, whether by addition or otherwise, by a subsequent Proclamation or Order in Council or regulation under this Act. The production of a oopy of the Gazette purporting to contain anv such Proclamation or Order in Council or regulation sh~ , ll be conclusive evidence of the matters contained therein and of the power and authority to make such Proclamation, Order in Council, or regulation. All Proclamations, Orders in Council, and regulations shall be laid before the Legislative Assembly within fourteen days after suoh publication if Parliament is in session; and, if not, then within fourteen days after the commencement of the next session. If Parliament passes a resolution disallowing any such Proclamation, Order in Council, or regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such Proclama- tion, Order in Council, or regulation has been laid before it, such Proclamation, Order in Council, or regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. For the purpose of this section, the term "sitting days" shall mean days on which the House actually sits for the despatch of business. 34. This Act shall be read and construed so as not Construction to exceed the legislative power of the State to the intent of Act. that where any enactment thereof would but for this seotion 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.