Dairy Cattle Compensation Act 1926 (WA)

No. 38.] Dairy Cattle Compensation. [1926.

DAIRY CATTLE COMPENSATION.

17° GEO. V., No. XXXVIII.

No. 38 of 1926.

AN ACT to provide Compensation for the Owners of

certain Cattle and for other purposes.

[Assented to 16th December, 1926.]

BE it enacted by the King's Most Excellent Majesty, byCouncil and Legislative Assembly of Western Australia, inand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:—

Short title. 1.

This Act may be cited as the Dairy Cattle Compensa-

tion Act, 1926, and shall come into operation on a day to he

fixed by proclamation.

Interpretation. 2. In this Act

"Chief Inspector of Stock" means the Chief Inspector

of Stock under the Stock Diseases Act, 1895.

"Compensation fund" means the Dairy Cattle Compen-

sation Fund established under this Act.

"Dairy cattle" means any bull over the age of nine months; and any cow or heifer over the age of twelve months, kept for dairying purposes.

"Disease" means tuberculosis or actinomycosis; and

"diseased" has a corresponding meaning.

"District" means a district defined by Order in Council

for the purposes of this Act.

"Inspector of stock" means an inspector of stock under

the Stock Diseases Act, 1895.

"Registered" means registered under this Act.

1926.j Dairy Cattle, Co»tpensation. [No. 38.

3. Subject to the Minister, this Act shall be administered Administration of this Act.

by the Department of Agriculture.

(1.) This Act shall apply only in those portions of the State comprised within districts defined, from time to time, for the purposes of this Act by an Order in Council pub-	Districts.
lished in the Gazette.
(2.) Any such Order in Council may, by a subsequent order, be altered or revoked.

4.

5. (1.) Subject as hereinafter provided, compensation compensation to

shall he payable under this Act to the owner of any registered °wile'

dairy cattle destroyed by or by the order of an inspector of s'.7. Vci, 9a Te.

stock pursuant to any Act, or any regulation or order under any Act, because such cattle are suffering from or suspected of suffering from disease.

(2.)

The value of any cattle so destroyed shall be deter- mined by agreement between the owner and the inspector under whose authority such cattle were destroyed ; and in default of such agreement the value shall be determined by some competent and impartial person nominated by the Minister, and the determination of such person shall be final and conclusive.

Provided that in no case shall the value as so determined of one head of any cattle exceed fifteen pounds.

(3.) The amount of compensation shall be ninety per centum of the value of such cattle as determined under the provisions of subsection (2) of this section.

(4.) Three-fifths of the amount of such compensation shall be payable out of the Compensation Fund, and two-fifths of the amount of such compensation shall be payable by the Treasurer of Western Australia, and such contribution is hereby charged to the Consolidated Revenue Fund, and such fund, to the extent required, is hereby permanently appro- priated.

(5.)

The carcass of any cattle so destroyed shall, sub- ject to this Act, become the property of the State.

6. (1.) No compensation under this Act shall be payable Application for compensation and

unless— conditions.

(a) the owner of an animal destroyed makes application .sena

in writing to the Department of Agriculture for

No. 38.] Dairy Cattle Compensation. [1926.

compensation, in the manner and with the par-

ticulars as prescribed; and

(b) such application is made within twenty-one days

after the destruction of the animal.

(2.) No compensation under this Act shall be payable if the animal destroyed was visibly affected with tuberculosis or actinomycosis, and the owner failed to give notice thereof pursuant to the Stock Diseases Act, 1895.

IlegletratIon of

dairy cattle. 7. (1.) Registration under this Act is hereby required

-for every bull, cow, and heifer kept as dairy cattle within a

district.

(2.) If after the commencement of this Act any ma-

registered bull, cow, or heifer is kept as dairy cattle within

any district, the owner thereof shall be. guilty of an offence.

Penalty: Twenty pounds.

(3.) The register shall be kept at the Department of

Agriculture.

(4.) Registration shall be effected annually in the pre- scribed manner on payment of the prescribed fee, and a certificate of registration shall be issued to the owner.

Every registration shall be in force from the date

on which it is made until the first day of January next en-

suing:

(5.)

Provided that every registration effected within twenty- one days after the first day of January in any year shall be deemed to have been made on that day.

The prescribed registration fee shall be revised from

time to time with regard to the amount for the time being to

the credit of the compensation fund.

(6.)

All dairy cattle shall be inspected by a Government veterinary officer before the first registration thereof.

(7.)

(8.) Any person applying for registration of cattle, knowing or having reasonable cause to suspect such cattle to be diseased, shall be guilty of an offence.

Penalty: Twenty pounds.

(9.)

No compensation shall be payable under this Act

unless the bull, cow, or heifer destroyed as aforesaid was, at

the time of such destruction, duly registered under this Act

and the registration fee paid.

1926.] Dairy Cattle Compensation. [No. 38.

8. (I.) There shall be established and kept in the Treasury .o .eaniscrytt icoantleu net) -

an account to be called the "Dairy Cattle Compensation

Fund."

(2.) To the credit of the fund shall be paid

(a)	all sums of money received as registration fees;
(b)	the net amount realised by the sale of the pro-

ducts of destroyed cattle; and

(c) all penalties recovered under this Act.

(3.) The fund shall be applied to the payment of the proportionate part of the compensation payable under this Act chargeable to the fund.

(4.) If at ally time the amount to the credit of the fund is not sufficient to provide for the payment of the propor- tionate part of compensation payable under this Act and chargeable to the fund, the Treasurer may advance the amount required for the time being, and such advance shall be repayable out of and shall be a charge on the fund.

9. Any person who buys or sells or who attempts to buy 1:lerateen:sVerdani cactig?

tro threansvalron to .

or sell any cattle knowing, or having reasonable cause to

suspect, such cattle to be diseased, and with the intention	See Vie. No. 2865,
(in the opinion of the court before whom he is charged) of	tee.
making a claim, or enabling any other person to make a claim for compensation ender this Act, shall he guilty of an offence.

Penalty: Fifty pounds.

10. The Governor may make regulations prescribing all liegulatIons.

matters and things which by this Act are contemplated, re- quired, or permitted to be prescribed, or which appear to him to be necessary, or convenient to be prescribed, for the pur- pose of effectually carrying out any of the provisions of this Act, or for better effecting the objects or purposes of this Act, and imposing a penalty not exceeding twenty pounds for the breach of any such regulation.