Brands Acts Amendment Act of 1937 (1 Geo Vi No. 17) (Qld)

STOCK. 1 GEO. VI. No. 17,1937. Brands Acts Amendment Act. PURE SEEDS. See AGRICULTURE. SEEDS, PURE. See AGRICULTURE. 16847 STOCK. Art Act to Amend "The Brands Acts, 1915 to1932," 1 GEO. VI. in certain particu~ars. No. 17. THE BRANDS AOTS [ASSENTED TO 18TH NOVEMBER, 1937.] A A C ~ T JE O ~ F DM 1 E 9 N 3 T 7. -B E it enacted by the King's Most Excellent Majesty, - . by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- I. This Act may be cited as "The Brands Acts Short title * A"m· TehnedmBerannt dAscAt cotsf, 11993175," to a1n9d32s,h"ahllerbee . mrreeafderraesdotnoeaswtihthe aconndstruct' Ion. Principal Act. The Principal Act and this Act may collectively be Collective cited as " The Brands Acts, 1915 to 1937." title. Amendments of the Principal Act. 2. Section three of the Principal Act is amended, as Amendment follows : - of s. 3. (a) In the definition of "distinctive mark" the [Distinctive words "goats, or swine" are repealed and the words mark.] " or goats " are inserted in lieu thereof. (b) In the definition of " sheep earmark" the words [Sheep " or swine" are repealed. earmark.] (C) In the definition of " stock" the words" goat, [Stock.] or swine" are repealed and the words" or goat" are inserted in lieu thereof. 3. Subsection four of section six of the Principal Act Amendment is repealed and the following subsection four is inserted of s. 6. in lieu thereof,· namely ;- " (4.) Branding irons used for horses, cattle, and ~ randing camels shall not be less than one and one-quarter inches IrOllS. in length or more than two and one-half inches in length." * 6 Geo. V. No. 9 and amending Acts, supra, pages 8179 et seq.

16848. STOCK. Brandg Actg Amendment Act. 1 GEO. VI. No. 17, • Amendment 4. In section eleven of the Principal Act the words of s. 11. " goats, or swine" are repealed and the words" or goats" are inserted in lieu thereof. Repeal of 5. Section twenty-two of the Principal Act is ;~ ~ new s. repealed and the following section twenty-two is inserted in lieu the,reof, namely ; - Sto.ck on " [22.] Any horse or cattle bearing a brand which has ~ ~ ; ~ ee~ rand been altered, defaced, rendered illegible, or blotched altered or shall be held to be unbranded, and any cattle, or sheep, or ~~ o~ ~ ~ : e~ o. goats upon which the ear has been cut or cropped contrary unbranded. to this Act shall be held to be not earmarked, and any such stock may be seized by any justice of the peace, inspector, or police officer and detained for the purposes of any prosecution; and if in the case of any prosecution the defendant shall be found guilty of the. offence of which he is charged, any such stock so seized and detained for the purposes of such prosecution may be forfeited to His Majesty by the order of the adjudicating court and thence become the property of His Majesty and may be disposed of by the Minister in such manner as he thinks fit: Provided that the conviction of any person proceeded against upon any such prosecution shall not render the stock the subject-matter of the prosecution liable to forfeiture as against the owner thereof if such owner proves to the satisfaction of the court that he did not know and had no means of knowing- (a) That the brand borne by any horse or cattle comprising such stock had been altered, defaced, rendered illegible, or blotched; and/or (b) That the ear of any cattle, or sheep, or goat comprising such stock had been cut or cropped contrary to this Act." Amendment 6. Section twenty-four of the Principal Act is of s. 24. amended, as follows:- (a) Paragraph (ii.) of the said section is amended by inserting after the words "to brand or mark" the following words and brackets, namely :-" without lawful excuse (the proof whereof shall lie upon him)." (b) In paragraph (iii.) of the said section the words " goat, or swine" are repealed and the words" or goat" are inserted in lieu thereof.

STOCK. 16849 "1937. B.rands Acts Amendment Act. , (c) In paragraph (iiia.) of the said section the words " goat, or swine" are repealed and the words " or goat" are inserted in lieu thereof. . 7. Subsection two of section twenty-five of the Amendment Principal Act is amended, as follows :-The words" goat, of B. 25. or 'swine" where they twice occur are repealed and the words" or goat" are inserted in lieu thereof. 8. Section twenty-nine of the Principal Act is Amendment hereby amended, as follows:- . of B. 2 9 . ' (a) The first paragraph thereof, being the paragraph commencing with the words "The Governor" and ending with the word "'prescribing," is repealed and the following new paragraphs are inserted in lieu thereof, namely:- " The 'Governor in Council may from time to time Regulations. make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes. of this Act. o Without limiting the. generality of these provisions, the Governor in Council may make regulations prescribing-." (b) The following new paragraph is inserted in the said section after paragraph four thereof and numbered 4A, namely:- " (4A.) Grades for hides of horses or cattle or skins of sheep or goats, and the matters and things to be considered in. determining the grade of any such hide or skin." (c) The paragraph thereof beginning with the words "All such regulations" and en~ ng with the words "equal validity" is repealed and the following new paragraph is inserted in lieu thereof, namely :- "All such regulations made or purporting to be made under this Act shall be published in the Gazette, . and thereupon shall be of the same effect as if they were contained in this Act and shall be judicially noticed and shall not be questioned in' any proceedings whatever, and the pUblication in the Gazette of any such regulation shall be conclusive evidence of the matters contained therein and of the power and authority to make same."