Buffalo Fly Control Act of 1941 (5 Geo Vi No. 20) (Qld)

STOCK. 5 GEO. VI. No. 20, 1941. Buffalo Fly Coni'rol Act. 243 An Act for the Purposes of the Control and/or 5 : ~ . o2J? · Eradication of the Buffalo Fly (Lyperosia Bui~ ~ LO eX.lgua) and 0 ther Dl' seases al ~ lectI' ng Cattle, FrS Al O ci O 4 N 1~ T F ROL and for other purposes. [ASSENTED TO 20TH NOVEMBER, 1941.] 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:- 1. This Act may be cited as "The Buffalo Fly Short title. Control Act of 1941." 2. In this Act, unless the context otherwise indicates Meanings of or re1quires, the following terms shall have the meanings terms. respectively assigned to them, that is to say:- " Cattle "-Includes bulls, stags, bullocks, steers, Cattle. cows, and heifers; "Minister"-The Secretary for Agriculture and Minister. Stock or other Minister of the Crown for the time being charged with the administration of this Act; "Prescribed"-Prescribed by this Act; Prescribed. " Receipt "-Includes any note, memorandum, or Receipt. writing whereby any money representing the sale price or any part of the sale price of any cattle is acknowledged or expressed to have been received, deposited, or paid, or which signifies any such acknowledgment, and whether the same is or is not signed with the name of any person; " Regulations "-Regulations made under the Regulations. provisions of this Act; " This Act "-This Act and all Orders in CQuncil This Act. and regulations made or purporting to be made hereunder; " Under Secretary"-The Under Secretary, Under Department of Agriculture and Stock: the Secretary. term includes any person for the time being discharging the duties of that office.

244 STOCK. Bn/falo Fly Control Act. 5 GEO. VI. No. 20, Establish. 3. (1.) There shall be established and kept in the Fmuenndt. of Treasury a Fund to be called the "Buffalo Fly Control Fund" (in this Act referred to as "the Fund "). Payments to I·'und. (2.) To the credit of the Fund there shall be paid- (a) All sums of money received by or on behalf of the Crown in respect of stamp duty on receipts under this Act; and (b) All penalties recovered under this Act. oAfpFpluincadt. ion exten( 3t.) toThwe hiFcuhndit sehxatlel nadns, d imn apyaybme eanpt ploifede, xtpoentshees incurred by the Governor in Council or the Minister in administering the provisions of *" The Diseases in Stock Acts, 1915 to 1940" (including any Act amending or in substitution for such Acts) relating to the control and/or eradication of the Buffalo Fly (Lyperosia exigua) and other diseases affecting cattle. • Charge of 4. (1.) From and after the commencement of this sctaatmtlepsdauletsy. Act a cattle sales stamp duty shall be charged for the use of His Majesty upon every receipt, which duty shall be at the rate of one penny for every five pounds and also for any fractional part of five pounds- (a) Of the amount of the sale price in respect of one head of cattle sold singly where such amount is two pounds or upwards; or (b) Of the total amount of the sale price in respect . of any number of cattle sold in one lot where such total amount is two pounds or upwards. (2.) The Governor in Council may from time to time by Order in Council published in the Gazette modify the rate of the cattle sales stamp duty imposed by this section: Provided that the Governor in Council shall not by any such Order in Council impose a rate of cattle sales stamp duty in excess of the rate prescribed by subsection one of this section. Restriction on effect of 5. A receipt chargeable with cattle sales stamp unstamped duty executed in Queensland or relating, if executed receipts. outside Queensland, to the sale in Queensland of any * 6 G. 5 No. 16 and amending Acts. See v. 8, pp. 1239 et seq.

1941. STOCK. Buffalo Fly Control Act. 245 cattle shall not, except in criminal proceedings, be given in evidence, or be available for any purpose whatever, unless it is duly stamped in accordance with this Act: Provided that- (a) When any such unstamped receipt is tendered as evidence in any court in any proceeding (except criminal proceedings) the judge or presiding magistrate or justice of such court may admit the same in evidence on the party producing the same in evidence or his solicitor giving such security or written undertaking as may be prescribed to produce the original or duplicate thereof and to pay the whole or the deficiency of the cattle sales stamp duty thereon and any penalty that may be imposed; (b) When any copy of a receipt chargeable with cattle sales stamp duty in Queensland is tendered in evidence in any court in any proceeding (except criminal proceedings) the judge or presiding magistrate or justice of such court may admit the same in evidence on the party producing same in evidence or his solicitor giving such security or written undertaking as may be prescribed to produce the original or duplicate thereof and to pay the whole or the deficiency of the cattle sales stamp duty thereon and any penalty that may be imposed. 6. (1.) Where- Receipts . . relating to (a) The amount of the sale prIce III respect of one cattle sales head of cattle sold singly; or 8 tOtabmeped . (b) The total amount of the sale price in respect of any number of cattle sold in one lot, is two pounds or upwards, every person shall, within seven days after the payment to, deposit with, or receipt by him of such sale price or any part of such sale price, give to the purchaser, and the purchaser shall within such period of seven days obtain from such person, a receipt in writing containing the particulars hereinafter prescribed and duly stamped with cattle sales duty stamps to the amount of the duty payable under this Act.

246 STOCK. Buffalo Fly Control Act'. 5 GEO. VI. No. 20, Particulars (2.) Every person who gives a receipt mentioned in teondboersed on subsection one of this section shall endorse upon such receipt. receipt the number of cattle included in the sale to which it relates, the respective names and addresses of the vendor and purchaser thereof, and the full sale price thereof. When receipt invalid. (3.) No receipt mentioned in subsection one of this section shall be deemed to be duly stamped unless the cattle sales duty stamp or cattle sales duty stamps affixed thereto are cancelled by the person and in the manner prescribed by this Act. Provision for (4.) In any case where the price of any cattle is a: r; ~nt of paid or payable by instalments, subsection one of this ?ase of section shall be deemed to have been complied with :s:=e;!ce. if it is proved that a duly stamped receipt as therein prescribed was given to the purchaser within seven days of the payment, deposit, or receipt of the first instalment. Duplicate or (5.) Every duplicate of or receipt additional to a aredcdeiitpiotsn.al receipt required to be stamped with cattle sales duty stamps under this Act must bear the words "Cattle sales stamp duty duly paid on original " across the face of such receipt, otherwise such receipt shall be liable to cattle sales stamp duty as prescribed by this Act. If a receipt is endorsed "Cattle sales stamp duty duly paid on original" in any case where the original has not been duly stamped, both the person giving such receipt and the person accepting same shall be liable to a penalty of not more than fifty pounds. Directions 7. (1.) A receipt upon which cattle sales stamp duty acasnt c o e t l h la e tion is required by this Act to be denoted by a cattle sales duty of cattle stamp is not to be deemed to be duly stamped with ssatalemspdsu. ty such stamp unless the person required by this Act to give such receipt cancels such stamp by writing on or across same his name or initials or, in the case of an employee, the name or initials of his employer, together with the true date of his so writing, or unless it is otherwise proved that the stamp appearing on the receipt was affixed thereto at the proper time. (2.) When two or more cattle sales duty stamps are used to denote the cattle sales stamp duty upon a receipt, each and every stamp is to be cancelled in the manner aforesaid.

STOCK. 247 1941. Buffalo Fly Control Act. (3.) Every person who, being required by this Act to cancel a cattle sales duty stamp, fails duly and effectually to do so in the manner aforesaid shall be liable to a penalty of not more than ten pounds. 8. In lieu of instituting proceedings for the recovery Power to of any ~ enalty imposed by this Act~ t.he Under Secretary ~: ~ ~~ fes may, wIth the consent of the Mmlster, demand and without. receive the amount thereof, or such reduced amount as he proceedmg. may think fit, from the person liable to such penalty: Provided that such demand shall not bar proceedings to recover such penalty unless the Under Secretary receives the amount demanded before such proceedings are instituted. 9. (1.) The necessary cattle sales duty stamps Printing, required pursuant to this Act shall be prepared and &c., cattle issued by the Minister, who shall provide for the : ~ ! : . : S~ ty distribution and sale thereof. (2.) The proceeds of the sale of all cattle sales duty stamps shall be paid into and form part of the Fund. (3.) No person other than the Government Printer shall print or make any cattle sales duty stamp or any imitation thereof without the authority of the Minister. (4.) No person other than the Under Secretary or a person authorised by him shall sell any cattle sales duty stamp. 10. Every inspector of stamp duties appointed Appoint. unde~ *" The Stamp Acts, 1894 to 1940," every inspector ~:;!c~~rs. appomted under t" The Diseases in Stock Acts, 1915 to 1940," every inspector appointed under t" The Slaughtering Act of 1898," and every member of the Police Force shall, without any further or other appointment, be and be deemed to be an inspector duly appointed under and for the purposes of this Act. The Governor in Council may appoint any other person to be an inspector under and for the purposes of this Act. 11. Any inspector, upon receiving a general or Powers, &c., special authority in writing in that behalf from the ofinspectors. Minister, may require any person to produce receipts and other documents relating to the sale of cattle to him for inspection. * 58 V. No. 8 and amending Acts. See v. 8, pp. ll08 et Beg. t 6 G. 5 No. 16 and amending Acts. See v. 8, pp. 1239 et seg. :j: 62 V. No. 23. See v. 8, p. 1210.

248 STOCK. --~--------- - - -~ -- -- - -- - ~- - - - Buffalo Fly Control Act. 5 GEO. VI. No. 20,1941. For the purposes of this section the expression " produce receipts and other documents relating to the sale of cattle" means that the person on whom the obligation to produce such receipts and documents is cast shall, to the best of his power, produce all such receipts and documents. Any person who fails to comply with any such requisition shall be liable to a penalty not exceeding fifty pounds. In the case of a body corporate, it shall be the duty not only of the body corporate but of every managing director, director, secretary, and other officer thereof to comply with the requisition of an inspector under this section, and in the event of any failure to comply therewith, the corporate body, as well as such officer in default, shall be liable to the penalty hereinbefore provided. General penalty. 12. (1.) Every person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence and liable, if no other penalty is provided, to a penalty of not more than fifty pounds. Recovery of (2.) All penalties imposed by this Act may be penalties. recovered in a summary way under *" The Justices Acts, 1886 to 1932," upon the complaint of any person authorised in that behalf by the Minister. !im.e for (3.) Proceedings for the recovery of any penalty p ms ro tl c t e u e t d ~ m on gso. f imposed by this Act may be instituted at any time within six months after the commission, or within four months after the discovery by the complainant, of the offence concerned, whichever is the later period. Regulations. 13. (1.) The Governor in Council may from time to time 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 convenient to carry out the objects and purposes of this Act. EgOafrfzdeeectrttaiolnfof purpo( 2r. t)inAglltoObrdeemrsadine CunoduenrcitlhaisndAcret gsuhlaaltliobnespmubaldiseheodr Creoguunlcaitlioonrs. sinamtheeef G fe a c ze t tt a e s , i a f ntdhesyhawlleurepoennascutcehd pinubtlhiicsatAiocnt abnedofshtahlel be judicially noticed, and shall not be questioned in any proceedings whatsoever. * 50 V. No. 17 and amending Acts. See v. 4, pp. 363 et seq.

STOCK-SUGAR. 249 .5 GEO. VI. No. 16, 1941. Sugar Experiment Stations, Etc., Act. (3.) All such Orders in Council and regulations shall be laid before Parliament forthwith if then sitting; and, if not then sitting, within fourteen days after the commencement of the next ensuing session. If Parliament, within the next fourteen sitting days after any such Order in Council or regulation has been so laid before it, resolves that such Order in Council or regulation ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime under such Order in Council or regulation or to the making of any new Order in Council or regulation. For the purpose of this section the term "sitting days" shall mean days on which the House actually sits for the despatch of business. 14. This Act shall be read, construed, and applied Saving of as being in addition to and not in derogation of *" The ~ T: : e f~: ~ Stamp Acts, 1894 to 1940," and no provision of such 19(J30." 0 last-mentioned Acts shall be, or be deemed to be, repealed or otherwise affected by this Act. SUGAR. 5 An Act to Amend "The Sugar Experiment Stations * ~ ~ · lrI. Acts, 1900 to 1938," "The Regulation of s~~ S " uTghaerPCraimnearPyriPcersodAucctesr, s' 19O1r5gatoni1s9a3ti9o, n" aanndd E A ~ N ~ D ~ ! A ~ g ~ isH : E : R T Marketing Acts, 1926 to 1939," respectively, AM~ ~ ~ ~ NT each in certain particulars, and for other purposes. [ASSENTED TO 20TH NOVEMBER, 1941.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows :-- PART I.-PRELIMINARY. p: :~ ~ IiiiY. 1. (1.) This Act may be cited as "The Sugar Short title. Experiment Stations Acts and Other Acts Amendment Act of 1941." * 58 V. No. 8 and amending Acts. See v. 8, pp. H08 et seq.