Argentine Ant Act 1959 (WA)

1959.] Argentine Ant. [No. 43.

ARGENTINE ANT.

8° Elizabeth II., No. XLIII.

No. 43 of 1959.

AN ACT to provide for the Control, Prevention, and Destruction of Argentine Ants and for other purposes.

[Assented to 10th November, 1959.]

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

1. This Act may be cited as the Argentine Ant narg,re

Act, 1959, and shall come into operation on the first menceme" day of July, one thousand nine hundred and sixty.

No. 43.] Argentine Ant. [1959.

Interpre-

tation. 2. In this Act unless the context requires other-

wise

"ants" means Argentine ants;

"authorised person" means a person authorised in writing by the Committee to enter premises for the purpose of, or incidental to, the control, prevention, or destruction of ants;

"Committee" means The Argentine Ant Control

Committee constituted under this Act;

"council" has the same meaning as in the

Municipal Corporations Act;

"Fund" means The Argentine Ant Control Committee Fund established under this Act;

"litter" includes refuse, garbage, and rank

vegetation;

"local authority" means a council or a road

board;

See No. 32 of

1906, as	"Municipal Corporations Act" means the
approved for

reprint

Municipal Corporations Act, 1906;

13/2/1950 in Vol. 4 of the Reprinted

Acts, 1951,

and as

further

amended.

"occupier" has the same meaning as in the Municipal Corporations Act and the Road Districts Act;

"original Committee" means The Argentine Ant Control Committee constituted under the Argentine Ant Act, 1954, and as so constituted on the coming into operation of this Act;

"owner" has the same meaning as in the Municipal Corporations Act and the Road Districts Act;

"road board" has the same meaning as "Board"

in the Road Districts Act;

1959.] Argentine Ant. [No. 43.

"Road Districts Act" means the Road Districts Act, 1919; and

See No. 38 of

1919, as

reprinted in

Vol. 4 of the

Reprinted Acts, 1951. and as

further

amended.

"treatment" means any manner of treatment having as its object the control, prevention, or destruction of ants, and includes the application by spraying, and laying of baits, of substances which destroy ants.

3. (1) A Committee constituted in accordance The

with the provisions of this Act has, under the A'clutatro]

Minister, the functions prescribed by this Act. Committee.

The name of the Committee is The Argentine Ant Control Committee.

(2)

(3) Five members, being four nominee members and one member appointed by the Governor, constitute the Committee.

(4) The Committee shall be successor to the original Committee.

(a) The members of the original Committee who hold office on the thirtieth day of June, one thousand nine hundred and sixty are hereby deemed to have been appointed the Committee under and for the purposes of this Act, and each member shall hold office on and from the first day of July, one thousand nine hundred and sixty until his office becomes vacant in accordance with this section.

(5)

(b) The member representing The Country Municipal Councils' Association of Western Australia on the original Committee shall be deemed to have been nominated by the Minister and appointed by the Governor to represent the Country Municipalities on the Committee.

(c) The ex officio member of the original Committee shall be deemed to be the member appointed by the Governor to the Committee and to have been duly appointed as such member.

No. 43.] Argentine Ant. [1959.

(6) The chairman of the Committee is the member appointed by the Governor.

(7) The four nominee members of the Committee respectively represent the bodies known as

(a)	the City of Perth;
(b)	the Local Government Association of West- ern Australia;
(c)	the Country Municipalities; and
(d)	the Road Board Association of Western Australia.

(8) The member representing the Country

Municipalities shall be nominated by the Minister.

(9) (a) Each body other than the Country Municipalities represented on the Committee may by written notice delivered to the Committee,

(i)    appoint a person to act as deputy on the Committee when its nominee member is not available to act as a member of the Committee; or

(ii)    cancel an appointment so made of a person, and appoint instead another person to act as deputy.

(b) The Minister may by written notice delivered to the Committee,

(i)    appoint a person to act as deputy on the Committee for the member appointed by the Governor and another person to act as deputy on the Committee for the member nominated by him to represent the Country Municipalities when the member is not available to act as such; and

(ii)    cancel an appointment so made of a person, and appoint instead another to act as such deputy.

(c) A person who is appointed as deputy of a nominee member or the member appointed by the Governor, and while acting as such, has and may exercise the same powers as the member for whom he is deputy.

1959.] Argentine Ant. [No. 43.

(10) Each member is entitled to hold office until his office becomes vacant in accordance with sub- section (11) of this section, but may be removed from office by the Governor if, in the opinion of the Governor the member has become unsuitable to continue as a member because of mental or physical infirmity or illness, or because of neglect of duty as a member, or misbehaviour whether in his capacity as a member or otherwise.

(11) The office of member becomes vacant if

(a)	he dies;
(b)	he resigns by written resignation delivered to the Minister;
(c)	he is removed under subsection (10) of this section; or
(d)	having been nominated by a body men- tioned in subsection (7) of this section or having been nominated or deemed to have been nominated by the Minister to represent the Country Municipalities, the nomination is withdrawn by notice in writing to that effect sent to the Committee by the body which nominated the member or the Minister in the case of the office of member representing the Country Muni- cipalities.

(12) (a) Where a vacancy occurs in the office of a nominee member other than the member repre- senting the Country Municipalities, the body which was represented by that member shall, within fourteen days from the date on which the vacancy occurs, nominate to the Minister a person who is willing to accept office as a member of the Committee.

(b) The Minister shall present the nomination to the Governor who shall appoint the person so nominated to represent that body on the Committee, but if within the stipulated time the Minister has not received the nomination, he shall inform the Governor who shall appoint such person as he thinks fit to so represent that body.

No. 43.] Argentine Ant. [1959.

(c) Where a vacancy occurs in the office of the member representing the Country Municipalities, the Minister shall within fourteen days from the .date on which the vacancy occurs, nominate a person who is willing to accept office as a member of the Committee and shall present the nomination to the Governor who shall appoint the person so nominated to represent the Country Municipalities.

(13) Three members of the Committee constitute a quorum of the Committee and may carry out the functions of the Committee as effectively as if all members were present.

The decision of the Committee is that of the majority of the members, and is determined by the votes of the members, each member including the chairman having one vote, and where there is an equal division of votes on a motion, the motion is lost.

(14)

(15) No act or decision of the Committee is invalid or defective on the ground that when the act was done or the decision made, a vacancy existed in office of member of the Committee or on the ground of a defect in the nomination for, or appoint- ment to, office of member of the Committee.

(16) The members of the Committee or their deputies while acting as such, are entitled to such remuneration, allowances, and leave of absence as are approved from time to time by the Governor.

(17) The Committee shall conduct its proceedings in such manner as the Committee decides, or if regulations are made relating to the conduct of the proceedings, in accordance with the regulations.

(18) The chairman shall convene the first meeting of the Committee.

(19) The Committee shall cause to be recorded and kept proper minutes of its proceedings.

1959.] Argentine Ant. [No. 43.

4. (1) The functions of the Committee include, sp.enitrita ,„„

of the

under the Minister, Committee.

(a) the administration of this Act;

(b)	the treatment and eradication of ants;
(c)	purchasing or hiring equipment and pur- chasing materials, necessary for carrying out the administration of this Act;
(d)	employing or engaging the services of such persons as are necessary for carrying out the administration of this Act;
(e)	entering into contracts and arrangements for the purpose of carrying out the adminis- tration of this Act;
(f)	for the purposes of carrying out the administration of this Act, delegating, from time to time, for such period or periods, and on such terms and conditions, as the Committee considers fit, any of its powers, except this power of delegation to, or entering into agreements and arrangements with, local authorities, which are hereby authorised to accept and carry out powers delegated under this Act by the Committee, and enter into and carry out agreements or arrangements, made under this Act by the Committee with the local authorities;
(g)	authorising and directing expenditure from the Fund for the purposes of carrying out the administration of this Act; and
(h)	the exercise of such other powers as are conferred, and the discharge of such other duties as are imposed on the Committee by this Act.

(2) The Committee in the name of The Argentine	Committee
may sue,

Ant Control Committee may sue and be sued, enter	be sued
and make
into submissions to arbitration under the	complaints.
Arbitration Act, 1895, and may make and prosecute complaints of offences under the Justices Act, 1902.

No. 43.] Argentine Ant. [1959.

Vesting of

property. 5. (1) (a) All property in the possession or

control of or held by the original Committee for carrying out the administration of the Argentine Ant Act, 1954, and the scheme referred to therein, is on the coming into operation of this Act trans- ferred to and vests in the Committee.

(b) All contracts entered into or rights enjoyed prior to the coming into operation of this Act by the original Committee shall be deemed to have been entered into or enjoyed by the Committee and the Committee shall take and exercise in respect thereof all the powers, duties, rights, liabilities and immunities of the original Committee.

(2) The Committee may, with the approval of the Minister, dispose of or sell in such manner as the Committee resolves, any property that vests in it pursuant to subsection (1) of this section.

The Committee shall pay into the Fund any

money that results from such disposal or sale and

apply the money for the purposes of this Act.

(3)

(4) A reference in any other Act or regulation to the original Committee shall be construed as a reference to the Committee.

(5) Any persons employed or whose services are engaged by the original Committee on the coming into operation of this Act shall be deemed to have been employed or engaged by the Committee under the provisions of this Act.

The Fund. 6. The Committee, in such manner as the Auditor

General approves, and is hereby authorised to approve,

(a) shall continue to keep open at the Treasury the account known as The Argentine Ant Control Committee Fund which shall be deemed to have been established under this Act, and the money standing to the credit of the Fund at the coming into operation

1959.] Argentine Ant. [No. 43.

of this Act may be used under and in accordance with the provisions of this Act for the purposes thereof;

(b) shall cause to be received into that account all money payable into the Fund under this Act; and

(c) may operate upon the account.

The costs of administration of this Act, in excess of the money available from the Fund, shall

Further

fund for

tion.

administra-

be paid out of money appropriated by Parliament

for that purpose.

7.

8.    (1) The Committee shall cause to be kept Accounts.

true and regular accounts

(a)	of money received by and money owing to the Committee;
(b)	of money paid and money owing by the Committee; and
(c)	of the purposes for which the money is owing or has been paid;

and shall cause the accounts to be balanced at the

thirtieth day of June in each year.

(2) The Auditor General— Audit.

(a)	has in respect of the accounts of the Committee, the powers conferred upon him by the Audit Act, 1904;
(b)	shall arrange for the audit of the accounts;
(c)	shall, as soon as practicable after the completion of the audit in each year, pre- pare and deliver to the Committee a report on the audit of the accounts.

9. As soon as practicable after the end of each let

year, the Committee shall prepare, and submit to P°

both Houses of Parliament, a report of its proceed-

ings and operations during the year, together with

a copy of the report of the Auditor General.

No. 43.] Argentine Ant. [1959.

Execution of

documents

10. (1) The Chairman of the Committee may (2) Production of a document which purports to have been signed on behalf of the Committee by the Chairman is, in absence of proof to the contrary, proof that the document was executed on behalf and by authority of the Committee, without the necessity of proof of his signature or occupancy of office, or the authority of the Committee.

by the

Committee.

execute documents on behalf and by authority of

the Committee.

rill on 11. (1) A person who desires to serve a document

to "The Argentine Ant Control Committee, care of

the Department of Agriculture, Perth."

Committee on the Committee may do so, by posting it addressed

(2) Proof of the posting of the document is, in absence of proof to the contrary, proof of service of the document at the time when in the ordinary course of post it would be delivered.

documents by(3) The Committee may serve documents in	Service of
Committee. accordance with the provisions of section three

hundred and fifty-two of the Road Districts Act, which provisions apply as if repeated mutatis

mutandis in this section.

Committee

may give	12. (1) Where it is the intention of the
certain

notices by	Committee to carry out the inspection of premises
advertise-
ment.	or treatment in an area in which several premises
Cf. Gazette,
31st October,	are situated, the Committee may instead of serving
1952, p. 2634.	notice individually on the owners or occupiers, of its intention to enter the premises for the purpose of carrying out the inspection or treatment, publish in the Gazette and a newspaper circulating in the area, a notice of the intention directed to all owners and occupiers of premises in the area, without stating their respective names and addresses or particulars of the premises.

(2) A notice so published is, if published in the

Gazette and in the newspaper on the same day,

effectively served on all of those owners and occupiers on that day, or, if published on different days, on the later of those days.

1959.] Argentine Ant. [No. 43.

13. (1) The Committee may from time to time, rzgrnor

by an authorised person with or without assistants, !..11	uy Committee
to enter
plant and materials,	and treat premises.

(a) lawfully enter premises;

(b)	inspect the premises and anything in or upon them for the purpose of detecting ants;
(c)	rid the premises, or by written notice served upon him, require the owner or occupier to rid the premises of litter;

Cf. . Gazette,

(d)	where any movable thing is so placed in or	31st October,
upon the premises that it harbours or is	1952, p. 2635.
likely to harbour ants or to hinder the treatment of the premises, move and rid it of ants, if any, and so place it in or upon the premises that it ceases to be likely to harbour ants or hinder the treatment, or by written notice served upon him, require the owner or occupier so to move, rid, and place it; and
(e)	carry out treatment of the premises in such manner whether by spraying, or laying baits, or otherwise, as is designed to control, prevent, or destroy the ants.

(2) Where a notice mentioned in paragraph (c) or (d) of subsection (1) of this section is served upon the owner or occupier of premises, but he does not comply with the requirement within fourteen days of service of the notice upon him, or within such longer period as the Committee specifies in the notice, he commits an offence against this Act, and without prejudicing his liability to penalty, the Committee may carry out the requirement, and recover the expense of doing so, from him in a court of competent jurisdiction.

If required to do so by the owner or occupier of the premises, the authorised person shall produce for inspection his authorisation from the Committee.

(3)

No. 43.] Argentine Ant. [1959.

(4) In exercising any of the powers conferred by this Act a person whose services are employed or engaged by the Committee shall cause as little inconvenience and damage as is practicable and shall give as much notice as in the circumstances practicable of his intention to enter premises to the occupant of them, if they are occupied, or to the owner of them, if they are not occupied.

Persons

acting in 14.

A person who, whether as Minister, a member employed or engaged by the Committee, is not personally liable for anything which he does or omits in good faith in pursuance or purported pursuance of the provisions of this Act.

good faith

are not	of the Committee, or a person whose services are
liable
personally.
Obstruction
is an	15. A person who obstructs the Minister, the Committee or a person whose services are employed or engaged by the Committee, in the exercise of any power conferred or the carrying out of any duty imposed by this Act, commits an offence against this Act.
offence.
Offences

generally. 16.

A person who omits to do what he is required under this Act to do, or does what he is prohibited under this Act from doing, commits an offence against this Act.

Penties.

"This Act"	17. A person who commits an offence against
includes

regu/atio this Act is liable to the penalty expressly mentioned

Cf. No. 30oa as the punishment for the offence, but where a

1918, s. 4.

penalty is not expressly mentioned, is liable,

(a)	where the offence is not a continuing offence, to a maximum penalty of fifty pounds; and
(b)	where the offence is a continuing offence, to such maximum penalty as does not exceed fifty pounds and an additional amount of five shillings for each day during which the offence continues.

1959.] Argentine Ant. [No. 43.

Proof of

18. (1) In addition to other methods of proof ownership or

available, production occupancy.

(a)	of the rate book of a council or a road board, or of a copy or extract purporting to be certified by the signature of the mayor or clerk of the council, or by the chairman or clerk of the road board as a copy or extract of the rate book, showing that a person is rated as the owner or occupier of premises; or
(b)	of a document purporting to be-

(i)    a certificate signed by the Registrar of Deeds or his substitute or an Assistant Registrar of Deeds, that a person appears from a memorial of registration of a deed, conveyance, or other instrument to be the owner of premises;

(ii)    a certificate signed by the Registrar of Titles, or an Assistant or Deputy Registrar, that a person's name appears in the Register Book kept under the Transfer of Land Act, 1893, as that of the owner of premises; or

(iii)    a certificate signed by the Under Secretary for Lands, or the Under Secretary for Mines, that a person is registered in the Department of Lands and Surveys, or the Depart- ment of Mines, as the case may be, as the lessee or occupier of premises;

is until the contrary is proved, evidence that the person is the owner, lessee, or occupier, as the case may be, of the premises.

(2) Courts and persons having authority to hear, receive and examine evidence shall, for the purposes of this Act,

(a) take judicial notice of a certificate and signature mentioned in subsection (1) of this section; and

No. 43.] Argentine Ant. [1959.

(b) presume as proved, in the absence of proof to the contrary, an averment in a claim, complaint or other document, that a person is or was at a stated time, owner or occupier of premises.

Presumption

of regularity. 19. In a prosecution or other legal proceedings

brought by or under the direction of the Committee, proof, unless evidence to the contrary is given, is not required

(a)	of the persons constituting, or holding office on, the Committee, or the regularity of their appointments;
(b)	of the presence of a quorum of the Com- mittee or the regularity of the Committee's proceedings; or
(c)	of the authority of the Committee to bring the prosecution or proceedings.

Regulations. 20. (1) The Governor may make regulations

which appear to him to be necessary or convenient for effectually carrying out the objects and purposes of this Act and may prescribe as the maximum penalty for a breach of the regulations, which is not a continuing breach, a penalty not exceeding fifty pounds, and where the breach is a continuing breach, such maximum penalty as does not exceed fifty pounds and an additional amount of five shillings for each day during which the breach continues.

(2) Without affecting the generality of the power conferred by subsection (1) of this section, the Governor by the regulations

(a) may require the owner or occupier of premises to make such preparations in or on the premises as are specified by the regulations or in writing by an authorised person, for facilitating or ensuring the effective carrying out of treatment under this Act of the premises;

1959. ] Argentine Ant. [No.43.

(b)	may, where treatment of premises has been carried out under this Act, prohibit within such period of the treatment as is specified in the regulations, the owner or occupier of the premises from adversely affecting the treatment in any manner specified by the regulations or in writing by an authorised person, including watering, top-dressing, burning-off, or digging-in any part of the premises which has received treatment;
(c)	may authorise the Committee, where the owner or occupier of premises has not complied with the requirements of, or requisitioned under, the regulations to cause the requirements to be carried out at his expense and, without prejudicing his liability, if any, to penalty, to recover the amount expended from him in a court of competent jurisdiction; and
(d)	may prohibit, or impose restrictions on, the Cf. Gazette at

21st March,

doing or omission of anything which will	718-719.
1950, pp.
result, or be likely to result, in ants being introduced into an area which is free of ants or is about to be, is being, or has been subjected to treatment.

21. On and after the date of the coming into	Regulations
continued

operation of this Act, the Argentine Ants (Argentine

of this

Ant Act) Regulations, 1955, published in the Government Gazette on the seventeenth day of June, one thousand nine hundred and fifty-five and as amended and in force on the firstmentioned date, shall, for the purposes of this Act, remain in full force and effect as if made under this Act, until revoked or amended by regulations made under this Act, which regulations the Governor is hereby empowered to make.