Beekeepers Amendment Act 1980 (WA)

WESTERN AUSTRALIA.

BEEKEEPERS.

No. 44 of 1980.

AN ACT to amend the Beekeepers Act 1963-1973.

[Assented to 12 November 1980.]

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:—

Short title

1. (1) This Act may be cited as the Beekeepers and citation.

Amendment Act 1980.

(2) In this Act the Beekeepers Act 1963-1973 is

referred to as the principal Act.

(3) The principal Act as amended by this Act

may be cited as the Beekeepers Act 1963-1980.

No. 44.] Beekeepers. [1980.

Commence-

ment. 2. This Act shall come into operation on such

day or days as is or are fixed by proclamation.

Section 4

amended. 3. Section 4 of the principal Act is amended

(a) by inserting after the definition of "disease" the following definitions

"hive product" means honey, pollen, beeswax, propolis and any other product of the bee hive that may be prescribed;

"infectious disease" means European Brood disease, American Foul Brood disease and any other disease that may be pre- scribed; " ;

and

(b) by deleting the definition of "Registrar" and substituting the following definition-

" "Registrar" means the Registrar of Brands appointed under the Stock (Brands and Movement) Act 1970; " .

Section 6

repealed and	4. Section 6 of the principal Act is repealed and
substituted.

the following section substituted-

" 6. An inspector may, at any time, enter and inspect any apiary, beekeeping store and any plant or place used for extracting, processing or storing any hive product, or any place he reasonably believes is being used for any of those purposes, and may there examine, or remove for examination, any bees, combs, appliances, or hive product or any other article used on, or in connection with, that place. " .

Section 8

amended. 5. Section 8 of the principal Act is amended in subsection (2) by deleting "1972, and on or before the thirty-first day of December in every fifth year thereafter" and substituting the following-

" 1982, and on or before the thirty-first day of

December in every second year thereafter ".

1980.] Beekeepers. [No. 44.

Section 12

6. Section 12 of the principal Act is repealed and repeated and substituted.

the following section substituted-

Prohibition

" 12. (1) In this section of importsof bees, etc.

"prohibited material" means bees, combs, used hives, hive products, or used bee- keeping appliances in respect of which a prescribed certificate is not issued for the purpose of subsection (2) of this section.

(2)

Subject to this section, a person shall not introduce bees, combs, used hives, hive products, or used beekeeping appliances into the State from elsewhere except such as are accompanied by the prescribed certificate.

(3) The regulations may exempt any class of hive product or used beekeeping appliance from the provisions of subsection (2) of this section if the hive product or used beekeeping appliance, as the case requires, is introduced into the State under such circumstances or conditions as are approved by the Director and set out in a notice published in the Government Gazette.

(4)

Where a person introduces into the State from elsewhere any prohibited material that person shall, if directed by an inspector, deliver the material into the custody of an inspector at any place nominated by an inspector.

(5)

Where any prohibited material has been delivered to a place pursuant to subsection (4) of this section no person shall remove the material from that place without the prior written authority of an inspector.

(6) Where

(a)	any prohibited material has been delivered into the custody of an inspector pursuant to subsection (4) of this section; and
(b)	an inspector suspects that the pro- hibited material is infected by disease,

No. 44.] Beekeepers. [1980.

an inspector may cause the prohibited material to be destroyed or direct the material to be otherwise dealt with by the owner, consignor, consignee or person claiming possession or control of it.

(7) A person who-

(a)	introduces into the State from else- where any hive product or used bee- keeping equipment exempted by the regulations from the provisions of sub- section (2) otherwise than in accor- dance with such circumstances and conditions as are approved by the Director in relation thereto under a notice given under subsection (3) of this section; or
(b)	contravenes or fails to comply with a provision of this section or with a direction given by an inspector under this section,

commits an offence.

Penalty: $1 000. ".

Section 13

amended. 7. Section 13 of the principal Act is amended by

inserting after "occurrence of" in lines one and two

the following

CC 1).

or suspecting the existence of ,

Section 14

amended. 8. Section 14 of the principal Act is amended by

inserting after "of" in line one the following- " or suspecting ".

Section 15

amended. 9. Section 15 of the principal Act is amended by

deleting "honey, beeswax," where occurring in

(a) line two of subsection (1); and

(b) line two of subsection (2),

and substituting in each place the following-

" hive product, ".

1980.] .Beekeepers. [No. 44.

10. The principal Act is amended by inserting ?=:,/15A

after section 15 the following section-

" 15A. (1) A beekeeper shall not use a pre- 11;::sgibed scribed substance or any substance of a pre- gotrteeed scribed class of substances for the treatment of

a disease without the prior approval of an

inspector.

(2) An approval given for the purposes of subsection (1) of this section may be given subject to such conditions and restrictions (if any) as are specified in writing by an inspector.

(3) A person who contravenes the provisions of this section or who uses a prescribed sub- stance otherwise than in accordance with written conditions or restrictions specified by an inspector in respect of such use commits an offence.

Penalty: $1 000. ".

11. Section 16 of the principal Act is amended ,Tglodnecl•

in subsection (1) by deleting "honey, wax," in line

two and substituting the following-

" hive product, ".

Section 17

12. Section 17 of the principal Act is amended by amended.

deleting " honey, wax, " in line eight and sub-

stituting the following-

" hive product, ".

13. The principal Act is amended by inserting =it "A

after section 17 the following section-

" 17A. (1) The Minister may by Order declare

that an infectious disease exists in any part of prohibited.

the State and may make orders prohibiting and

regulating the movement of bees, hives and hive

products into, within, or out of any area so

No. 44.] Beekeepers. [1980.

declared except where the movement occurs in such circumstances (if any) as are specified in the Order.

(2) An Order made under subsection (1) of this section may be varied or revoked by further Order made by the Minister.

(3) An Order under subsection (1) or sub- section (2) of this section shall be published in the Government Gazette.

A person who moves bees, hives or a hive product contrary to the terms of an Order made under this section or in circumstances other than the circumstances specified in an Order under this section commits an offence.

(4)

Penalty: $1 000. ".

Section 25A

Inserted. 14. The principal Act is amended by inserting

after section 25 the following section

Saving of

civil remedy.	"25A. (1) The provisions of this Act relating to a nuisance do not limit or affect any right, remedy, or proceeding under any other Act or at law.
(2) No proceedings taken under this Act against any person shall in any way interfere with or lessen any right or remedy by civil process of any party aggrieved by any offence against this Act. ".
Section 26

amended. 15. Section 26 of the principal Act is amended— (a) in subsection (2)-

(i) by deleting "honey" in paragraph (f)

and substituting the following-

" any hive product ";

1980.] Beekeepers. [No. 44.

(ii)    by deleting "honey and beeswax" in paragraph (j) and substituting the following-

" any hive product "; and

(iii)    by deleting paragraphs (k) and (1) and substituting the following para- graphs

" (k) standards of quality and grades for any hive product offered for sale;

(1) all matters which are required or permitted to be prescribed or necessary or convenient to be pre- scribed. " ; and

(b) by inserting the following subsection-

" (3) Regulations made under this section may prescribe a penalty not exceeding $500 for any offence against a regulation. ".

Section 28

16. Section 28 of the principal Act is amended— amended.

(a)	by inserting after the section designation "28." the subsection designation "(1)";
(b)	by deleting "honey, beeswax" in line nine and substituting the following-

" any hive product ";

(c) by deleting "honey and beeswax" in line

twelve and substituting the following-

" any hive product ";

(d) by deleting "Penalty: One hundred dollars." ; and

(e) by inserting the following subsection-

" (2) A person who commits an offence against this Act for which no penalty is specifically prescribed is liable to a penalty of $500. ".

No. 44.] Beekeepers. [1980.

Section 29

amended. 17. Section 29 of the principal Act is amended by deleting the penalty provision and substituting the following-

" Penalty: $1 000. ".