Bees Act Amendment Act 1957 (WA)

No. 6.] Bees. [1957.

BEES.

6° Elizabeth LI., No. VI.

No. 6 of 1957.

AN ACT to amend the Bees Act, 1930-1950.

[Assented to 19th August, 1957.]

RE it enacted by the Queen's Most Excellent Majesty, 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 HSIe

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

Amendment Act, 1957.

(2) In thin Act the Bees Act, 1930-1950,

Act No. 18 of 1930 as amended by Act No. 70 of

1950,

is referred to as the principal Act.

1957.] Bees. [No. 6.

2. Section six of the principal Act is amended by amended.

adding after subsection (3), the following subsec-

tions:—

(4) Where an officer has submitted or is IISon

about to submit for consideration a proposal order.

that a proclamation be made under subsection

(1) of this section in respect of any portion of

the State, he may issue and serve an interim

prohibition order on any beekeeper having in

that portion any apiary which, in the opinion

of the officer, is infected by disease.

(5) The order may be served on the beekeeper

by serving a copy of it in any manner prescribed

by section thirty-one of the Interpretation Act, Marx

1918, or by attaching a copy of it to any hive

which, in the opinion of the officer, is infected

by disease.

(6) An interim prohibition order served on a

beekeeper

(a)

is, subject to appeal to the Minister, binding on the beekeeper during the period of its effectiveness;

(b)

prohibits, either unconditionally, or subject to such conditions as an officer imposes in writing and is hereby authorised to impose, the sending or bringing of bees, honey, wax, hives, beekeepers' appliances, or other articles used in connection therewith, into the apiary to which the interim prohibition order relates, or the sending or removal from the apiary into any other part of the State of bees, honey, wax, hives, beekeepers' appliances, or any other articles used in connection therewith;

(c) is effective

(i) until the Governor either makes, pursuant to subsection (1) of this s e c t i o n, a proclamation declaring the portion of the State in which the apiary is situated to be an infected area, or decides not to do so;

No. 6.] Bees. [1957.

(ii)   until the expiration of twenty- eight days from the day of service of the interim prohibition order;

(iii)    until the order is cancelled pur- suant to subsection (7) of this section; or

(iv)    until the order is quashed under subsection (8) of this section;

whichever occurs first.

If the Governor decides, before the expira- tion of that period of twenty-eight days, not to make a proclamation affecting the apiary, an officer shall immediately cancel the interim prohibition order and serve written notice of the cancellation on the beekeeper.

(7)

(8) A beekeeper who objects to an interim prohibition order served on him may appeal against the order to the Minister by causing written grounds of his objection to be served on the Minister who shall consider the objections and shall notify the appellant of his decision quashing, confirming, or varying the order.

(9) The decision of the Minister has effect according to its tenor and is final.

(10) A person who, while an interim prohibi- tion order is effective, contravenes the order commits an offence.

Penalty: Twenty pounds.

(11) A contravention

(a)	of a proclamation made pursuant to subsection (1) of this section; or
(b)	of an interim prohibition order issued and served pursuant to subsection (4) of this section;

is punishable if it occurred before the proclama- tion was revoked, or as the case may be, before the interim prohibition order ceased to be effec- tive, notwithstanding that proceedings for the

1957.] Bees. [No. 6.

prosecution of the offence are commenced by complaint made after the proclamation was revoked, or, as the case may be, after the order ceased to be effective, and notwithstanding section eleven of the Criminal Code.

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

by substituting for the word, "No" in line one of subsection (3), the passage, "Except where, and to the extent that, the Bee Industry Compensation Act, 1953 provides otherwise, no".

S. /0

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

(a)

by substituting for the word, "affected" in line nine of subsection (1), the word, "infected"; and

(b)

by adding after the word, "necessary" being the last word in subsection (1), the passage, ", but the officer may include in the direc- tion a provision that if the beekeeper causes any beecombs, hives, beekeepers' appliances, and other infected articles, specified in the direction, to be disinfected in the manner and within the time specified in the direc- tion and to the satisfaction of an officer, the beekeeper shall be exempted from the necessity of destroying the things so dis- infected, and if the beekeeper does so he shall be exempted accordingly."

5. The principal Act is amended by substituting amen dment. ent.

for the words, "beekeeper's appliances" wherever

they appear, the words, "beekeepers' appliances".