Bee Industry Amendment and Repeal Act 1993 (WA)
WESTERN AUSTRALIA
BEE I UST Y
RE PE ACT 1993
No. 26 of 1993
AN ACT to amend the Beekeepers Act 1963, to repeal the Bee Industry Compensation Act 1953, to make consequential amendments to the -
| • | Constitution Acts Amendment Act 1899; and Parliamentary Commissioner Act 1971, |
| • |
and for related purposes .
[Assented to 15 December 1993]
The Parliament of Western Australia enacts as follows :
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| S.1 | Act 1993 |
PART 1 - PRELIMINARY
Short title
1. This Act may be cited as the Bee Industry Amendment and Repeal Act 1993 .
Commencement
2. This Act comes into operation on such day as is fixed by
proclamation .
| Bee Industry Amendment and Repeal | [No. 26 |
| Act 1993 | s. 8 |
PART 2 -BEEKEEPERS ACT 1963
Principal Act
3. In this Part the Beekeepers Act 1963* is referred to as the
| principal | Act . |
[* Reprinted as at 2 September 1991 .1
Section 4 amended
4. Section 4 of the principal Act is amended -
|
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"beekeeper" means -
| (a) | a person who owns, or has the charge, care or possession of, bees or any hive that contains, or has contained, bees; and |
| (b) | where a person referred to in paragraph (a) is a body corporate, each of the directors of the body corporate; |
| (b) | bydeletingthedefinitionof"Director"and substituting the following definition - |
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"Director General" means the Director
General of Agriculture;
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| s.5 | Act 1993 |
| (c) | in the definition of "Senior Apiculturist" - | |
|
| " | apiculture in |
(ii) by deleting "known as the Apicultural Branch,"; and
(iii) by deleting "Apiculturist;" and substituting the following -
| ||
| and |
| (d) | by deleting the definition of "the Committee" . |
Section 7 amended
5. Section 7 of the principal Act is amended by deleting "Except
where, and to the extent that, the Bee Industry Compensation Act
1953, otherwise provides, a" and substituting the following -
| " | 11 |
A
Section 8 amended
6. Section 8 of the principal Act is amended -
|
by inserting after subsection (3) the following ([
(3a) A beekeeper who provides false information in an application for registration, or renewal of registration, commits an offence .
| Penalty : | $3 000. |
| Bee Industry Amendment and Repeal | [No. 26 |
| Act 1993 | s.7 |
(3b) A beekeeper must, by 31 January of the year to which the registration is to relate -
| (a) | pay the prescribed registration fee; or |
| (b) | notifytheRegistrarthat renewal of registration will not be applied for, |
and, if the beekeeper does not do so, a court before which the beekeeper is charged with the offence of failure to comply may order the beekeeper to pay any registration fees then outstanding .
(3c) The registrar may cancel the registered brand of a beekeeper who does not apply for the renewal of his registration as a beekeeper.
| (b) | in subsection (4) by deleting "Subject to subsection (5), the Director" and substituting the following - |
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| The Director General | "; and |
| (c) | by repealing subsection (5) . |
Section 16 amended
7. Section 16 of the principal Act is amended in subsection (3)
by inserting after "effect", in the first place where it occurs, the
following -
, within 7 days,
| No. 26] | Bee Industry Amendment and Repeal |
| S.8 | Act 1993 |
Section 17 amended
8. Section 17 of the principal Act is amended by deleting
"shall", in the first place where it occurs, and substituting the
following -
11 ,,
may
Section 18 repealed and a section substituted
9. Section 18 of the principal Act is repealed and the following
section is substituted -
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Prevention of robbing
18. A person shall not expose used hives, combs or
honey in such a manner as may attract bees to rob
from hives, combs or honey.
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Section 21 repealed
10. Section 21 of the principal Act is repealed .
Section 23 amended
11. Section 23 of the principal Act is amended by repealing subsection (1) and substituting the following subsection -
1.
(1) Where, on any site, a beekeeper keeps an apiary to the detriment or nuisance of the public, an inspector may order the beekeeper to remove the apiary to a site approved by the inspector .
,,
| Bee Industry Amendment and Repeal | [No. 26 |
| Act 1993 | s.12 |
References to "Director" amended
12. The principal Act is amended by deleting "Director" wherever it occurs in the provisions referred to in the Table to this section and substituting in each case the following -
Director General
TABLE
Section 8 (3) Section 12 (3) Section 12 (7) (a)
Various penalties increased
13. The principal Act is amended by deleting in the provisions referred to in column 1 of the Table to this section the penalties respectively set out in column 2 of the Table and substituting in each case the corresponding penalty set out in column 3 of the Table .
TABLE
| column 1 | column 2 | column 3 |
| Provision | Deleted penalty | Substituted penalty |
| section 12 | $3000. | $6000 . |
| section 15A | $1000. | $2000 . |
| section 17A | $1500 . | $3000. |
| No. 261 | Bee Industry Amendment and Repeal |
Act 1993
s.14
PART 3 - BEE INDUSTRY COMPENSATION ACT 1953
Repeal
| 14. The | Bee Industry Compensation Act 1953 is repealed. |
| Bee Industry Amendment and Repeal | [No. 26 |
| Act 1993 | s.15 |
PART 4 - TRANSITIONAL PROVISIONS
Interpretation
15. In this Part -
"Commencement" means the commencement of this Act ;
"Committee" means the Beekeepers' Compensation Fund Committee constituted under section 4 of the repealed Act;
"repealed Act" means the Bee Industry Compensation Act
1953 .
Beekeepers' Compensation Fund
16. On the Commencement all moneys standing to the credit of the Beekeepers' Compensation Fund established under section 6 of the repealed Act are, without further authorization or appropriation than this Act, transferred to the credit of the Consolidated Fund.
Outstanding amounts under section 7 of the repealed Act
17. On the Commencement-
|
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Beekeepers' Compensation Fund Committee
18. On the Commencement, the appointment of a person as a
member or a deputy member of the Committee is terminated and
that person ceases to hold office as such .
Interpretation Act to apply
19. With respect to the repeal effected by section 14, this Act is
supplementary to, and does not replace the operation of the
Interpretation Act 1984 .
| Bee Industry Amendment and Repeal | [No. 26 |
| Act 1993 | s.20 |
PART 5 - CONSEQUENTIAL AMENDMENTS TO
OTHER ACTS
Constitution Acts Amendment Act 1899 amended
20. The Constitution Acts Amendment Act 1899* is amended in Schedule V Part 3 by deleting "The Beekeepers' Compensation Fund Committee constituted under the Bee Industry Compensation Act 1953".
[* Reprinted as at 6 April 1993.
For subsequent amendments see Acts Nos . 59 and 77 of
1992 and Act No. 2 of 1993.1
Parliamentary Commissioner Act 1971 amended
21. The Parliamentary Commissioner Act 1971* is amended in the Schedule by deleting "Beekeepers' Compensation Fund Committee constituted under the Bee Industry Compensation Act 1953".
[* Reprinted as at 21 October 1992 .
For subsequent amendments see Act No. 59 of 1992 and Acts Nos. 2 and 6 of 1993.]
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