Apiaries Act of 1947 (11 Geo Vi No. 42) (Qld)

11 GEO. VI. No. 42, 1947. BEES. Apiaries Act. 23 BEES. An Act to Consolidate and Amend the Law relating 11Ncor n2v. 1. to the Regulation and Control of the Keeping of Bees and the Control and Restriction of Diseases and Pests affecting Bees; and for other purposes. [ASSENTED TO 9TH DECEMBER, 1947.] 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 :— PART I.—PRELIMINARY. PART I.- PRELIKIMARY. 1.' ( 1.) This Act may be cited as " The Apiaries Act of Short title. 1947." • *(2.) Except as herein otherwise provided, this Act mCoemntmoefncAec-t. .shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. 2. This Act is divided into Parts, as follows :— Parts of Act. PART 1.—PRELIMINARY; PART IL—REGULATION AND CONTROL OF THE KEEPING OF BEES; PART III.—CONTROL AND RESTRICTION OF DISEASES AND PESTS AFFECTING BEES; PART IV.—GENERAL. said 3 A . c t t " is T h h e e r A ei p n ia r r e ie fe s r A re c d t o t f o 1as93"8th" eisrerpeepaelaeldedA.cTt" he: 7 R ( e 30 p . e V al I o . fN2o. Provided that, but without limiting the operation savings. of" t The Acts Shortening Acts "— (a) All Proclamations and notifications made and published, all appointments made, all regulations and forms made and promul- gated, any authority, direction, notice, or * Commenced 31 March, 1948. (See Proc. pubd. Gas. 4th March, 1948, p. 747). t 2 G. 6 No. 10. • 31V. No. 6 and amending Acts.

24 PART I.- PRELIMINARY. BEES. Apiaries Act. 11 Go. VI. No. 42, order made or given under the repealed Act, and all things done or purporting to be done under the repealed Act, and generally all acts of authority originated under the repealed Act and in force or subsisting at the coming into operation of this Act, shall continue in full force and effect and shall so far as is consistent with this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given, done, and originated under and for the purposes of this Act; (b) All matters and proceedings commenced under the repealed Act and pending or in progress at the coming into operation of this Act may be continued, completed, and enforced under this Act; ( c) All penalties and forfeitures imposed under the repealed Act and incurred at the coming into operation of this Act shall and may be enforced as if the repealed Act had not been repealed. Interpreta- 4. In this Act, unless the context otherwise tion. indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say :— Apiary. "Apiary "—Any hive standing singly or any two or more hives standing in a group; Apiary site. "Apiary site "—The site where any apiary is situated in or upon any land, building, premises, or place; Appliances. "Appliances "—Any fittings, utensils, apparatus, or implements that are or have been used or that in the opinion of an inspector are being or have been used in beekeeping or in handling, housing, or storing bees, bee combs, beeswax, or honey; Bee combs. "Bee combs "—Bee comb whether in frames or not; Beekeeper. Beekeeper "—Any person who keeps bees or the person in charge of bees, or, where reasonable inquiry fails to establish the beekeeper as aforesaid, then the person with whose knowledge, connivance, or consent the bees in question are kept in or upon any land,

1947. BEES. Apiaries Act. 25 PART I.— PxtiminSINARY. building, premises, or place occupied or owned by him, or who is the owner of or has in his possession any hives or appliances that have been used in connection with beekeeping, or with whose knowledge, connivance, or consent any such hives or appliances are kept in or upon any land, building, premises, or place owned or occupied by him; CC Beeswax "—Raw beeswax produced by a bee- Beeswax. keeper: the term does not include, any beeswax commercially processed; Director, Division of Plant Industry "—Such Director, officer or the officer for the time being carry- i D ivision . ing out the duties of that office; Industry. CC Disease "—Any disease affecting bees, bee Disease. combs, beeswax, or honey caused by or consisting of the presence of any insect or fungus; and any 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 District. Act; "Frame hive "—A hive containing moveable Frame hive. frames in which the, combs are built, and which may be separately and readily removed from the hive for examination; " Fungus "—Includes any fungus, virus, or bac- Fungus. terium 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;

26 PART I.- PRELIMINARY. Hive. Honorary field man. Insect. Inspector. Land. Minister. Person. Prescribed. Registered beekeeper. Sale. This Act. - BEES. Apiaries Act. 11 GEO. VI. No. 42, "Hive "—Any receptacle housing living bees or which, in the opinion of an inspector, has housed living bees; "Honorary field man "—A person appointed by the Minister to carry out the duties and functions of an honorary field man under this Act; "Insect "—Includes any insect which the Governor in Council from time to time by Proclamastion 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 Act and any other person at any time when such person is authorised by the Minister or Under Secretary to perform the duties of an inspector) "Land "—Includes Crown land, freehold, lease, and land held for an estate of leasehold from the Crown but so that as respects any such estate of leasehold the term owner shall not include the Crown; "Minister "—The Secretary for Agriculture and. Stock or other Minister of the Crown charged for the time 'being with the administration of this Act; "Person "—Includes any body corporate; "Prescribed "—Prescribed by this Act; "Registered 'beekeeper "—Any person registered - under this Act as a beekeeper; "Sale "—Includes barter and exchange and supply, and also offering or attempting to sell, or receiving for sale, or having in possession for sale, or exposing for sale, or sending, forwarding, or delivering for or on sale, or causing or suffering or allowing to be sold• or offered for sale: and the words "sell," " sold," and other derivatives thereof shall have correlative meanings; "This Act "—This Act and all Proclamations, Orders in Council, regulations, declarations, directions, notifications, orders, and pro- hibitions made hereunder;

1947. BEES. Apiaries Act. 27 PART I.- PRELIMINARY. "Under Secretary "—The Under Secretary, Under Department of Agriculture and Stock, or Secretary. the person for the time being performing the duties of such office. 5. (1.) This Act shall be administered by the Administra- Minister and subject to the Minister by the Under Um of Act. Secretary who in carrying out or exercising any power, function, duty or discretion conferred or imposed upon him by this Act shall observe any applicable general or particular direction or instruction of the Minister. (2.) Such inspectors and officers as the Governor Inspectors in Council shall from time to time deem necessary for and officers. • the due and proper administration of this Act may be appointed under *" The Public Service Acts, 1922 to 1945." (3.) The Minister may from time to time appoint Appoint- shuocnhoraanrdy•sofiemldanmyepnerasnodnms aasyhferodmeetmimsenteocetismsaerycatoncbeel mfhioeenlndotrmoaferyn. any such appointment. PART PART II.- REGULATION AND CONTROL H .—REGULATION AND CONTROL OF THE OF THE KEEPING OF BEES. OKEEPING F BEES. 6. (1.) This Part of this Act shall extend to and be in Application force in the Pastoral Districts of Moreton, Darling Downs, (cgstrtst.° Wide Bay, and Burnett, which districts shall, for the purposes of this Act, be respectively known as Apiaries District No. 1, Apiaries District No. 2, Apiaries District No. 3, and Apiaries District No. 4. (2.) Moreover this Part of this Act shall extend This Part to and be in force in such other district or districts as stloialeirnd the Governor in Council may from time to time by declared Order in Council published in the Gazette declare. districts. (3.) The Governor in Council may in any Order in Governor in Council made under this section declare the whole or mCoauyndceilclare any part or parts of the State to be a district or districts districts. to and in which this Part of this Act extends and is in force, and may in like manner alter the boundaries of or abolish any such district (including any district men- tioned in subsection one of this section). 7. (1.) A person shall not keep bees or act as, or Registration hcaerirsynoont athreegbiussteinreedssboeef,kaeebpeeerk. eeper at any time when ° oefekeepers. * 13 G. 5 No. 31 and amending Acts.

28 BEES. PAM IL- REGULATION AND CONTROL Apiaries Act. 11 Go. VI. No. 42, OF THE KEEPING OF BEES. (2.) Every person who, at the date of the coming Bcaotemekmeeenpceers- binetoreogpisetrearetidonasoaf rthegisisAtecret,disbeaebkeeeekpeerepweirthsihnaollnaepmploynttho ment of Act, after such date. Beekeeper to (3.) Every person who upon any date after the arepgpilsytetored. be s c h o a m l i l n agpipnltyo toopebreatrieognisotfertehdisaAscat rbeegciosmteeresda bbeeeekkeeeeppeerr within fourteen days after the date of his first becoming a beekeeper. Renewal of (4.) Every registered beekeeper shall on or before registration. the thirty-first day of March of every year apply for the renewal of his registration as a registered beekeeper. Forms of (5.) Every application for registration or renewal application. of registration as a registered beekeeper shall be made to the Under Secretary in the prescribed form and shall contain the prescribed particulars and information. The information and particulars to be contained in such application shall include :— (i.) A list of apiaries maintained by the applicant beekeeper; and (ii.) A description of the respective apiary site of each such apiary (which description shall be in terms reasonably identifying every such site) ; and (iii.) A statement of the number of hives comprised in every such apiary. Current (6.) Registration and renewal of registration as preegriiostdraotfion. ianrfeogricsetetroedanbdeeinkceleupdeirnsghtahlel,tshuirbtjye- cftirtsot tdhaiys oAfcMt, arercmha o in f the calendar year next succeeding the calendar year during which it was granted. Certificates (7.) The Under Secretary shall issue to every otiforne.gistra- roefgriesgteisrterdatbioenekoereopferanaycreerntiefwicaalteoifnrethgeistprraetsiocnri.bed form Classifica- tion of apiaries. 8. For the purposes of the registration of registered beekeepers, apiaries shall be classified as follows, that is to say :— (i.) "Apiary Class A"—An apiary comprising less than forty hives; (ii.) "Apiary Class B "—An apiary comprising not less than forty hives;

[BEES. 29 1947. (iii.) "Apiary ApiariesAct. Class C "-An apiary not being PART II.- REGULATION AND CONTROL OF THE KEEPING OF BEES. an "Apiary CIa! A" in which queen bees are bred for sale, and so classified in a certificate issued to a re istered beekeeper by the Under Secretary asl an "Apiary Class C" and t situated on in apiary site specified in such certificate; (iv.) "Apiary Clas D "-An apiary classified in a certificate iss ed to a registered beekeeper by the Under, Secretary as an "Apiary Class D" and situated on an apiary site specified in slflch certificate; (v.) Such other cltsses as may be prescribed. 9. (1.) The Under ecretary shall not classify any" Apiary apiary as an "Apiary Class C" unless an inspector Class c." certifies in writing that such apiary is suitable both as regards site and such other matters as the Under Secretary thinks necessary or desitble for breeding queen bees for sale. (2.) The Under Se retary shall not classify any" Apiary apiary as an "Apiary' Class D" unless an inspector Class D." certifies in writing- (a) That the tot~ . l number of hives maintained by the beek eper concerned is not less than one hundred and fifty; and (b) That such apiary comprises not less than forty hives; .and (c) That the api;y site of such apiary is suitable for an " Api ry Class D." (3.) The Under Se retary may classify any apiarypowersof as an "Apiary Class C" or, as the case may be, an ~ nder " Apiary Class D " for such period and under and subject ecretary. to such conditions as he shall think fit. Such period and conditions shall be spe~'fied in a certificate issued in respect to any such api ry. The Under Secretary may revoke any such certific te at any time. (4.) The Under Secretary may in his absolute discretion determine whether he will classify only one " Apiary Class D " or mfre " Apiaries Class D" than one in respect to apiaries kept by anyone registered beekeeper, and if he s ould so classify more than one " Apiary Class D, "the he may accordingly determine the number of " Apiaries Class D" to be kept by the registered beekeeper. .

30 BEES. PART JI.- REGULATro" AND CONTROL Apiaries Act. 11 GEO. VI. No. 42, OF THE KEEPING OF BEES. Distances 10. (1.) A person shall not at any time establish an between apiary in or upon any land, building, premises, or place apiary sites. less than a prescribed distance from any apiary site upon which an "Apiary Class C " is situated at that time: Provided that if a registered beekeeper keeping an " Apiary Class C " notifies his consent in writing to the Under Secretary that an apiary may be established on a site less than the distance so prescribed from his apiary site, then the Under Secretary may permit the establish- ment of an apiary on a site at such distance less than is prescribed from such " Apiary Class C " and under such . conditions as the Under Secretary may determine. (2.) A person shall not at any time establish any "Apiary Class B" in or upon any land, building, premises, or place within a radius of less than one half of a mile from any apiary site in respect to which a certificate for an "Apiary Class D" has been issued and is current. The provisions of this subsection shall apply not- withstanding that any "Apiary Class D" in question may at any time or from time to time comprise less .than the number of hives required for an "Apiary Class D." (3.) A person shall not at any time establish any "Apiary Class B" in or upon any land, building, premises, or place within a radius of less than one half of a mile from any apiary site upon which another "Apiary Class B '-' is established at such time. (4.) The radii mentioned in subsections two and three of this section may as respects any district or part of a district be such distance other than one half of a mile as may be prescribed. (5.) If- (a) A registered beekeeper keeping an "Apiary Class B" or an "Apiary Class D" gives to the Under Secretary his consent in writing to the establishment of another apiary (being either an "Apiary Class B" or an "Apiary Class D") upon a site less than the distance provided by or prescribed under this section from the apiary site of the apiary kept by him; or

I ! BEES. 31 1947. T Apiaries Act. PART Il.- A~ ~ Gg6~ ; ~ ~ - ~ ~ - - ~ - - -- - -~ -- I + -- - - - - ~ - - - - - - - - OF THE KEEPING (b) An inspector certifies in writing to the Under OF Bus. Secretary th~ t the establishment of another apiary (bein$ an "Apiary Class B" or an "Apiary Cla~ s D") upon a site at a less distance thah the distance provided by or prescribed under this sectionfrom an apiary site upon which ~ here is already an "Apiary Class B" or an "Apiary Class D " will not prejudice the keeping of such lastmentioned apiary, the Under Secretary may in writing permit the apiary referred to in such conse±lt or certificate to be established upon a site at such distance less than the distance provided by or prescribtd under this section from the apiary site of the other apiary concerned' as he shall determine and specify i* such permit: Provided that the Under Secretary may in such permit limit the period during which the permit is to remain in force, and the apiary the~ebY permitted shall be removed from such apiary site fort with upon the expiration ofsuch period, otherwise it shal be deemed to be established on such apiary site in contravention of this section. (6.) If an inspectot certifies in writing that the Power of establI'Sh . m~n t 0 f an. "A' Iary Class A'" In or upon any USencdreertary to land, bUIldmg, premIses, or place would unduly encroach prohi~ it the upon any other apiary b~ ing an "Apiary Class B " or an : ! : ~ I~ F~ n "Apiary Class D," the:q. the Under Secretary may by" Apiary a notice in writing prohibit the establishment of such Class A." "Apiary Class A" in or upon such land, building, premises, or place. I A person shall no~ establish such an apiary in contravention of such a prohibition. ~ (7.) A person shall not at any time maintain upon Offence. any apiary site any apiary established thereon in con- travention of this sectiop. 11. (1.) Every beekeeper or registered beekeeper Notice to be W h 0- J given of an 'establish- J. (a) Establishes alfY new apiary; or mentor ( b ) R emoves any apIary or part 0 f any ' apIary raenmaopviaarlyo_f from its apia y site to any other site, shall, within fourteen ~ tys after such establishment or removal, notify the l1nder Secretary that he has established such new apiary or, as the case may be, removed such apiary or part of an apiary to another apiary site.

32 BEES. PART 11.- REGULATION AND CONTROL Apiaries Act. 11 GEO. VI. No. 42, OF THE KEEPING OF BEES. Every such notification shall be in the prescribed form or to the like effect and shall contain the prescribed particulars. Apiary not (2.) A beekeeper or registered beekeeper shall not ttaoinbeedmoanin· maintain upon any apiary site an apiary (whether a new new site apiary or an apiary which has been removed to such site 1 w lf h iS ennontobteiceen a . s mentioned in sub • sectio • n one • of this section) at any given. tIme after the termmatIOn of a perIOd of fourteen days from the establishment or removal of the apiary on or to such apiary site when a notice as prescribed by this section has not been given by him to the Under Secretary. Prohibited 12. (1.) If an inspector certifies in writing to the apiary sites. Under Secretary that in his opinion- (a) Any provision of this Act is being contravened or not complied with in respect of an apiary situated upon any apiary site; or (b) Any apiary site is or has become unsuitable for beekeeping ; or (c) The keeping of bees on any apiary site is detrimental to public interest; or for any other reason, the Minister may prohibit the keeping of bees upon such apiary site (hereinafter in this section referred to as a " prohibited apiary site "). Such prohibition shall continue in force until it is cancelled by the Minister. Offence. (2.) A person shall not at any time establish or maintain an apiary upon any prohibited apiary site. Power of (3.) If an inspector certifies in writing to the Under Mtoionirsdteerr Secretary that any person has established or is main- removal of taining an apiary upon any prohibited apiary site, the approiahriybiftreodm Minister may (whether such person is or is not prosecuted apiary site. for such offence) order such person to remove such apiary from such prohibited apiary site within the time specified in such order, Such person shall comply with the directions con- tained in such order. Upon failure (4.) If an inspector certifies in writing to the Under ~ t~: ~ !;; to Secretary that ~ ny person has failed to c,omply with an re~ ? ve order by the Mmister to remove such apIary from such M~ ~ st~ rmay prohibited apiary site, or that a person has removed f: Spe~; ~ ~ to the apiary concerned from such prohibited apiary site ~ ~ fa° ve to another prohibited apiary site in purported compliance ry. with an order hv the Minister, the Minister may authorise

BEES. 33 PART II.- 1947. Apiaries Act. REGULATION AND CONTROL OF THE KEEPING OF BEES. such inspector to remove such apiary from any prohibited apiary site upon which it is found by the inspector to an apiary site selected by the inspector whereon it is lawful to establish and maintain such apiary, and thereupon such inspector shall remove such apiary accordingly. The amount of any costs, charges, and expenses incurred by an inspector in so removing such apiary together with interest at the prescribed rate shall be recoverable from such person in a summary way und.er *" The Justices Acts, 1886 to 1946," or by action as for a debt. any a1p3i.arAy operrpsoanrtsohfalal,nwaipthiainryfoouwrtneeend dbayyshaimfte,rgsievlelintog ogNfiovatepincieaortfyo. sbalee the Under Secretary notice in writing in the prescribed form or to the like effect of such sale. Notice under this section shall be given either where the apiary or part thereof is sold for removal to another apiary site or where the apiary or part thereof sold is to be retained by the purchaser on its existing apiary site. apiar1y4u. nAlespsehresomnasrhkaslol r' nbortanedstsaabslipsrhesocrrimbeadinntaoitnleasns Mhivaerks.ing of than one hive in each fifty hives or part thereof com: prising such apiary with a registered mark or number issued to him by the Under Secretary. PART III.- CONTROL AND RESTRICTION PART M.—CONTROL AND RESTRICTION OF DISEASES OF DISEASES AND PESTS AND PESTS AFFECTING BEES. AFFECTING BEES. 15. (1.) A person shall not keep bees or allow bees Bees to be tbou. ilbdiengk, epprteminisaens,yorappliaacreyeoxrceipnt oinr aufpraomneahniyvel. and, k fr e a p m t e in hives. When bees are kept in or upon any land, building, premises, or place contrary to this subsection with the knowledge, consent, or connivance Of the occupier or owner thereof such occupier or owner 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. in su(c2h. ) aIcnonthdeitieovnenthtaot fitacnaynnhoivt erebaediinlygboerhbaencdolemdin: pgaTInesmpoeecrtmodreera for inspection, an inspector may order its repair or of hive. replacement by a hive that can be so readily handled within such time as is specified in such order. *50 V. No. 17 and amending Acts.

34 BEES. PART III.- CONTROL AND RESTRICTION OF DISEASES AND PESTS AFFECTING BEES. Apiaries Act. 11 GEO. VI. No. 42, The person to whom the order is directed shall within the time specified therein carry out the directions contained in such order accordingly. Power of (3.) If at the expiration of such specified time an • itunopsocponemcftapoillryure ionrsdpeer chtaovrefinnodtsbteheant ctohme dpliireedctwioinths hceonmtaaiynceaduisne tthhee •woridtherh. is rbeefeesrrteodbtoe tdreasntsrofeyrerdedatatnhde, eifxpheentsheinokfsthfiet,ptehresohnivtoe whom the order was directed, whether or not proceedings are taken against such person as for an offence.: 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 Under Secretary. Beekeeper 16. Every beekeeper in whose apiary any disease sdhisaelal sneo. tify wapriptienagrsunsdhearlhl iismhamneddtoiattheelyUgndivereSneoctriectaeryth. ereof in Provisions as to disease. 17. No beekeeper shall— (a) Keep, or allow to be kept, in or upon any land, building, premises, or place any bees, bee combs, beeswax, hives, honey, or appliances which are affected by a disease without immediately giving notice in accordance with section sixteen of this Act; or (b) Remove, sell, give away, or otherwise deal with any bees, bee combs, beeswax, hives, honey, or appliances from an apiary affected by or liable to spread a disease except to dispose of such bees, bee combs, beeswax, hives, honey, or appliances in a manner approved of by an inspector. Powers of inspector and honorary field men. 18. (1.) Any inspector or honorary field man may enter and inspect any land, building, premises, or place upon or in which bees, bee combs, beeswax, hives, honey, or appliances are or are suspected by him to be, and may inspect any bees, bee combs, beeswax, hives, honey, or appliances or any articles used in connection therewith. Removal for (2.) Any inspector or honorary field man may for oexraamnainlyastiios. n the purposes of any inspection authorised under sub- section one of this section remove for examination or analysis any bees, bee combs, beeswax, hives, honey, and/or appliances, or portions or samples of or from any bee combs, beeswax, or honey found by him : Provided

BEES. 35 PART III.- 1947. Apiaries Act. CONTROL AND RESTRICTION OF DISEASES AND PESTS AFFECTING that where the method of any such removal is prescribed BEES. such removal shall be effected in accordance with the prescribed method. any b 1 e 9 e . s, (1 b .) eeIfcaonmibnss, pebceteosrwuapxo,nhiinvsepse,chtioonnefyi,nadnsdth/ oart itPnooswopreertoorrf alipapbllieantocesspraeraedina hdiisseoapsienihoenmafafyecotreddebr ythae dbieseekaeseepoerr h t iv a. e , s . t , o.edbe concerned, or owner, agent, or person in charge of° such bees, bee combs; beeswax, hives, honey, and/or appliances to cleanse and/or disinfect and/or isolate such bees, bee combs, beeswax, •hives, honey, and/or appliances in such manner and within such period as he directs in the order, and such beekeeper, owner, agent, or person in charge shall cause such bees, bee combs, beeswax, hives, honey, and/or appliances to be cleansed and/or disinfected and/or isolated accordingly. (2.) If at the expiration of the period directed in the order such bees, bee combs, beeswax, hives, honey, and/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 expense of the beekeeper concerned or owner, agent, or person in charge. writi2n0g.to( 1th. e) UIfnadteranSyectriemtaeryatnhaitnasnpyecbteoers, cbeereticfioemsbisn, yPeonwerdeeertroarfy dbieseesawseaxa,nhdivinesh, ihsoonpeiyn,iaonnda/ orer aapspoluiarnceceosfadraenagffeercttoedotbhyerado to ner o e r u d :ti e 8 r 060n. bees and ought to be destroyed, the Under Secretary may, if such certificate is counter-signed by the Director, Division of Plant Industry, cause an order to be made directing the beekeeper concerned to destroy within such time and in such a manner as may be specified therein such bees, bee combs, beeswax, hives, honey, and/or appliances. A beekeeper to whom such an order is directed shall, within the period and in the manner specified therein, destroy such bees, bee combs, beeswax, hives, honey, and/or appliances. (2.) If at the expiration of such period as is so. directed after the service of such order upon such bee- keeper the bees, bee combs, beeswax, hives, honey, and/or appliances concerned are not destroyed in the manner required, any inspector may so destroy or cause to be so destroyed such bees, bee combs, beeswax, hives, honey, and/or appliances at the beekeeper's expense.

36 BEES. PART III.— CONTROL AND RESTRICTION OF DISEASES Apiaries Act. 11 GEO. VI. No. 42, AND PESTS AFFECTING BEES. 21. (1.) A person shall not introduce or cause to be Restriction introduced into the State of Queensland any bees, bee oinftroduction combs, beeswax, hives, honey, and/or appliances unless the into same shall be accompanied by a certificate in writing as oQfubeeeenss, la&ncd. 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 none of the following diseases exist, that is to say— Foulbrood (Bacillus larvce, Bacillus pluton, or Bacillus alvei), Isle of Wight Disease (Acarine Disease), Nosema Disease (Nosema apis), Bee Louse (Braula cteca), Sacbrood (Virus), and any other disease pro- claimed by the Governor in Council to be a disease to which this section applies. Notwithstanding any such certificate as aforesaid the Under Secretary may prohibit the introduction into the State of any bees, bee combs, beeswax, hives, honey, and/or appliances in respect to which an inspector certifies in writing that, the same are affected by a disease and such certificate is counter-signed by the Director, Division of Plant Industry. Any person offending against any provision of this section shall be liable to a penalty of not less than five pounds and not exceeding fifty pounds. (2.) The Under Secretary or an inspector or honorary field man may detain and open any package containing or which is suspected to contain bees, bee combs, bees- wax, hives, honey, and/or appliances or may detain bees, bee combs, beeswax, hives, honey, and/or appliances, being or suspected of being introduced into the State in contra- vention of this section, and may inspect or cause to have examined or analysed any such package, bees, bee combs, beeswax, hives, honey, and/or appliances and may otherwise take any action ifi connection therewith in accordance with this Act. (3.) A person shall not be entitled to sue for or recover any, compensation, damages, or other moneys whatsoever in consequence of any expenses, loss, or damage incurred in consequence of any measures so taken with respect to any imports of any bees, bee combs, beeswax, hives, honey, and/or appliances, whether such bees, bee combs, beeswax, hives, honey, and/or appliances were accompanied by a certificate or not.

BEES. 37 1947. Apia.ries Act. PART IlI.- CONTROL AND ~ - - - - - - - - --- -- - -- - -- - - - - o~ ES~ ~ i~ I~: S 22. (1.) The D epartment of AgrI.culture and Stock AANFDFEPCETISNTGS and precincts, William Street, Brisbane, shall be a Q BEES: quaran t m · e area. W' It h m ' t h I ' S quarantm . e area b ees, b ee uarantln~ . . combs, beeswax, hives, honey, and/or appliances 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, Division of Plan~ Industry. The Minister may from time to time by notification published in the Gazette appoint such other buildings and precincts as he shall deem necessary to be quarantine areas to which this subsection applies. Such notification shall be judicially noticed. (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, hives, honey, and/or appliances be removed therefrom during such period as he shall specify. (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, notwithstanding that in such area there is an absence of any disease. (4.) Any area declared a quarantine area under subsections two and three of 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 for a period not exceeding twenty- one days, and the same shall, unless and until the Minister otherwise determines, be a quarantine area during such period as declared by the inspector for the purposes of this Act. (6.) The duties and obligations and any course of action to be taken by a beekeeper in any such quarantine 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.

38 PART IV.- GENERAL. BEES. Apia.ries Act. 11 GEO. VI. No. 42, PART IV.-GENERAL. ::::d Beekeeper 23. (1.) The Under Secretary may by writing under his hand request any beekeeper to furnish him srinsufqpouprmelieeantdbiboeynes w S h iothw ' imn ga tt h ime enatomebse aspnedciafideddreisnsessuc I . h n rfeuqllueosft awllitphearsolinsst him. to whom such beekeeper has supplied queen bees during such 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. oCfohnotanienyertso 24. All containers of hone - y being honey produced be marked. in Queensland shall be marked or labelled as prescribed. Obstruction, &0. 25. A person shall not- (a) Assault, threaten, intimidate, obstruct, or impede any inspector or honorary field man or other person in the execution of any of the powers conferred by this Act; or (b) Disobey or neglect or fail to comply with any order, direction, declaration, notification, or prohibition made or given under this Act. Offence by Qwneror oocupier of land. 26. An owner or occupier of any land, building, premises, or place shall not permit or allow any bees to be kept in or upon such land, building, premises, or place at any time when such owner knows that any provision of this Act is being contravened or not complied with as respects such keeping. Abandoned 27. If an inspector is satisfied on reasonable grounds bees, &c. that any bees, bee combs, beeswax, hives, honey, and/or appliances have been abandoned and are neglected he may take possession of them, and shall dispose of them in any manner which may be prescribed, or if the manner of snch disposal is not prescribed, then in such a manner as may be directed by the Under Secretary. Noinspeotor, 28. No inspector, or honorary field man, or l & ia 0 b ., lesfhoarll be person actl'Ug under the dir ectI'On or order 0 f an dama.ge in inspector or honorary field man, or of the Minister or ~ ~ Under Secretary shall be deemed to be a trespasser by provisions reason of any entry or removal or destruction under this of this Aot. 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.

1947. BEES. ApiariesAct. 39 PAR~ IV.- GENERAL. recov 2 e 9 r . a ( n 1 y .) d Aampeargseosn sohralclonmoptebnesaetIn . Otintlewd h taotssoueevfeorr o I . I r I rp ~ I i egn m h i sta t ttiooofnc_ om- consequence of any measures taken for- (a) The removal of any bees, bee combs, beeswax" hives, honey, and/or appliances, or portions or samples of bee combs, beeswax, and/or honey removed or ordered or caused to be removed under this Act; or (b) The eradication of any disease or the destruction of any bees, bee combs, beeswax, hives, honey, and/or appliances 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 person acting under the direction or order of an inspector or honorary field man, or of the Minister or Under Secretary 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 hereunder unless the same is commenced within four months after the act or omission complained of has occurred. 30. (1.) The amount of any costs, charges, and Recovery of expenses, together with interest at the prescribed rate, ~ ~~ ~ ~s. and incurred by any inspector in or about taking such expenses. measures as are provided by this Act in respect of any bees, bee combs, beeswax, hives, honey, and/or appliances shall, and whether or not proceedings have been instituted for the recovery of a penalty, be recoverable from the beekeeper, owner, agent, or person in charge thereof. (2 .) Any such amount may be recovered in a summary way under *" The JU8tices Acts, 1886 to 1946," or by action as for a debt. 31. (1.) Any person who contravenes or fails to Offences. comply with any provision of this Act shall be guilty of an offence against this Act. * 50 V. No. 17 and amending Acts.

40 PART IV.- GENERAL. BEES. ApiariesAct. 11 GEO. VI. No, 42, (2.) Any person guilty of an offence against any provision of this Act shall be liable, if no specific penalty is provided for such offence, to a penalty not exceeding fifty pounds. (3.) All offences against this Act may be prosecuted in a summary way under *" The Justices Acts, 1886 to 1946," upon the complaint of an inspector or of any person authorised by the Minister or the Under Secretary. Service of notice, &c. 32. (1.) Any direction, 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 forward.ing the same by post in a prepaid letter addressed to such person at his usual or lastknown 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. Court may proceed ex .parte. 33. The justices or court of competent jurisdiction may, if satisfied that there is no occupier of any land and that the owner thereof is absent from Queensland or is unknown, proceed to hear and adjudicate upon any complaint or proceedings for the recovery of moneys under this Act in respect 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. ------------------------- * 50 V. No. 17 and amending Acts.

BEES. - ------------------ -------------- 1947. ApiariesAct. -------------------------------- 41 PART IV.- GENERAL, 34. 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 person, or the authority of any inspector or other authorised person, to do any act or to give any direction or issue or serve any notice or to take any proceedings. 35. (1.) The production of any order, certificate,Proofof declaration, direction, notification, authority, or per_order, &0. mission purporting to be signed by the Minister, or Under Secretary, or Director, Division of Plant Industry, or by any inspector shall in the absence of proof to the contrary be sufficient evidence of the due making or granting of such order, certificate, declaration, direction, notification, authority, or permission, as the case may be, and that it was duly signed by the person by whom it purports to be signed. Moreover a writing certified by any such person to be a true copy of or true extract from any such document shall be receivable in evidence to the same extent as the original and' shall for the purposes be prima facie evidence of the original of which it purports to be a copy or extract. (2.) The production of a certificate purporting to Certificate be signed by any inspector or of any certified copy of costs, &c, thereof that any costs, charges, or expenses of an amount stated have been incurred by such inspector 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. 36. (1.) In any proceedings under this Act a Certificates certificate under the hand of the Under Secretary that by Under any Iand, b U ' l Idm' g, premI'ses, 1p ace, a'pIary, or apI.ary Secretary, site is situated in a district within which Part n. of this Act is in force shall be admissible in evidence and shall be proof that such land, building, premises, place, apiary, or apiary site is within the district named in such certificate unless and until the contrary is proved. (2.) A certificate by the Under Secretary in the prescrib6d form or to the like effect that a particular notice has or has not been received by him or that a person is or is not a registered beekeeper or that the keeping of bees or that the establishment of an apiary

42 PART IV.- GENERAL. BEES. A_piaries Act. 11 GEO. VI. No. 42, Expenses of Act. upon an apiary site has been prohibited or that an apiary is situated on an apiary site specified in such certificate shall be admissible in evidence and shall, until the contrary is proved, be proof of the fact so certified to. (3.) All courts, judges, justices, and persons acting judicially shall take judicial notice of the signature of the Under Secretary to any certificate issued under this section. 37. All expenses incurred in the administration of this Act shall be paid out of moneys to be appropriated by Parliament for that purpose. Regulations. 38. (1.) The Governor in Council may from time 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. Without limiting the generality of the foregoing provisions of this section, such regulations may provide for all or any of the following matters : - (a) Prescribing quarantine and the nature thereof and all matters and things regarding quarantine in any quarantine area provided, appointed, or declared under this Act, and the administration thereof including the mode of declaration and release of a quarantine area, the matter of appoint- ment of places of entry and quarantine, the duties and obligations and/or course of action to be taken by beekeepers within a quarantine area, the duties and powers of an inspector for the purpose of quarantine, and generally any matter or thing necessary, expedient, or convenient to give full effect to quarantine; (0) Prescribing matters relating to the control of disease, including the approval of steps to cure or eradicate disease and/or the manner of disposal of bees, bee combs, beeswax, hives, honey, or appliances from an apiary affected by or liable to spread a disease; (c) The registration and renewal of registration of registered beekeepers ;

1947. BEES. ApiariesAct. 43 PART IV.- GENERAL. (d) Securing the efficient inspection of ap~ ar~ es and classification and recording of apIarieS and the satisfactory location of apiary sites including distances apart of apiary sites either generally or in respect of any district or part of a district, in accordance with this Act; (e) Prescribing classes of apiaries and the conditions relating to such apiaries and the classification and sites thereof; (f) The marking or branding of hives with regis- tered marks or brands; (g) The marking, labelling, grading, or packing of containers containing honey and the pro- hibition of any sale thereof unless the prescribed conditions are fulfilled; (h) The powers of an inspector to condemn honey as unfit for human consumption and the manner of withdrawing from sale or use for human consumption honey believed likely to be so unfit by reason of containing poison or other inj urious matter and the direction of treatment or disposal of such honey; (i) Defining the duties of inspectors and honorary field men under this Act; (j) Defining the duties and obligations of beekeepers under this Act; (k) All matters or things required or permitted by this Act to be prescribed; (l) The issue, renewal, or refusal of any permit or certificate; the form of any permit, certifi- cate, or notice, or any form under this Act and the particulars and information to be contained in any such permit, certificate" notice, or form; (m) Prescribing returns of statistics and/ or- information and the contents thereof to be furnished to the Minister or Under Secretary or any officer by any person (whether a beekeeper or not), and the time and mode of making and furnishing the same; (n) Prescribing the method of removals under- this Act for examination or analysis;

44 PART IV.- GENERAL. BEES. - - - - - - - - - - - - -- - .~ - - - . - - . ~ - . - - - ~ ~ . ~ - - - - ApiariesAct. 11 GEO. VI. No. 42, 1947. (0) Prescribing rates of interest on costs, charges, and expenses incurred under this Act; (p) Prescribing manner of giving notifications under this Act; l:. Maybe made (2.) Regulations may be made on the passing of ~ ; ing this Act. When to (3.) Any such regulations shall take effect on the take effect. date of the publication in the Gazette or from a later date to be specified in any such regulations concerned. Proclama- 39. All Proclamations, Orders in Council, and m ~ ion C s o , u O n r c ~ Il e , rs regulation . s made or purporting to have been made and. under thIS Act shall be published in the Gazette, and . r ~ eg ~ ulatIOns thereupon shall be ]. udicially noticed ju~ ~ ci~ ly Any such Proclamation or Order in Council or no lOe • regulation may be rescinded or amended, whether by addition or otherwise, by a subsequent Proclamation or Order in Council or regulation under this Act. Proclama- 40. All Proclamations, Orders in Council, and ~ ions, Or~ ers regulations shall be laid before the Legislative Assembly ~ ~ ~ounCJl, within fourteen days after such publication if regulations Parliament is in session; and, if not, then within ~ ~~ ~ aid fourteen days after the commencement of the next Parliament. session of Parliament. If the Legislative Assembly passes a resolution dis- allowing 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 Proclamation, 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. Construction 41. This Act shall be read and construed so as not of Act. to exceed the legislative power of the State to the intent that where any enactment thereof 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.