Brands Act Amendment Act 1948 (WA)

1948. ] Brands. [No. 5.

BRANDS.

12° GEO. VT., No. V.

No, 5 of 1948.

AN ACT to amend the Brands Aet, 19044935.

[Assented to lath October, 1948.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and 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 Brands Act Amend- Short title.

'newt Act, 1948, and shall be read as one with the Brands

Act, 1904-1935 (Act No. 61 of 1904 reprinted as amended by Acts Nos. 14 of 1907, 24 of 1932 and 13 of 1935 in the Appendix to the Sessional Volume of Acts, 1935), hereinafter referred to as the principal Act.

2.    The principal Act, as amended by this Act, may ic„illii(p"ilti"fA2:e

as amended by

be cited as the Brands Act, 1904-1948. this Art.

3.

Section twenty-five of the principal Act is repealed and substituted by the followino-- Ainentim " e

of . 23, s

Substituted

b • for former s. 24 of Act No. 01 of 1904 as

25. (1) The registrar may cancel the registration amended by s.14 of Act No.

of the ownership of any brand	24 of 1932
reprinted as s.
25 in the

(a) if the owner applies in the form in the appendix to 1935 Secs.

Sixth Schedule to this Act for cancella- tion and pays a fee of two shillings and sixpence;

(b) if the owner notifies the registrar that he has no further use for the brand and does not require the use of any brand in its place;

No. 5.] Brands. [1948.

(c) if--

( i )  having served on the owner notice that registration will be cancelled unless, within a period of three months next after service of the notice, the owner shows cause why the registration should not be cancelled the registrar, during that period, either

(I)

receives a response to the notice claiming to show cause for reasons which the registrar regards as not being satisfactory, or

(II)

does not receive any re- sponse at all to the notice, in which case the registrar shall cause to be published in a news- paper circulating in the locality of the run or farm, shown in the reg- ister as that for which the brand is required to be used, a further notice that registration will be cancelled, unless, within a period of thirty days next after the day of the appearance of the further notice in the newspaper, the owner shows cause why the registration should not be cancelled, and the registrar, during that period of thirty days, either

(a) receives a re- sponse to the further notice claiming to show cause for reasons which

the registrar regards as not being satisfactory, or

(b) does not receive ally response at all to the further notice.

Act. No. 30 of

(2)

For the purposes of the next preceding sub- section, the expression "served" shall be construed in accordance with the provisions of the Interpreta- tion Act, 1918 (No. 30 of 1918), section thirty-one.	1918, s. 31.
Cf. s. 18 ante.

(3)

When registration of the ownership of a brand has been cancelled it shall be regarded as an unallotted brand until reallotted under the pro- visions of section eighteen of this Act.