Dingo and Marsupial Destruction Act of 1918 (9 Geo v No. 15) (Qld)

CONSTITUTION.-DINGOES AND MARSUPIALS. 9 GEO. V. No. 15, 1918. Dingo and Marsupial De3truction Act. Broug lit forward Bums not exceedin g £ 8. d. .••3,(J72 11 7 THE TREASURER; "For Loans under "The Mining Machinery Aavances Act of 1906" ... 516 0 5 For the Establishment of Central Sugar Mills 16,568 18 11 For State Fish Market, Cold Stores, &c. ... 287 4 11 .8463 DEPARTMENT OF AGRICULTURE AND STOCK. For Cold Storage Works 8,500 0 0 For Southern Division :For Northern Division RAILWAYS. 9,418 4 9 5,552 6 9 TOTAL SUPPLEMENTARY CHARGES UPON MONEYS TO THE CREDIT OF THE LOAN FUND ACCOUNT £43,915 7 4 -"--- CROWN L • AND. See LAND. DINGOES AND MARSUPIALS. An Act to Encourage the Destruction of Dingoes 9 Geo. V. No. 15. and Marsupials. THE DINGO AND [ASSENTED TO 14TH NOVEMBER, 1918.] MARSUPIAL DESTRUC- TION ACT OF B E it enacted by the King's Most Excellent Majesty, 1918. by and with the advice and consent of the Legis- lative Oouncil and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, .as follows :-" . 1. This Act may be cited as "The Dingo and Short title f M or a c r e su o p n ial t h D e es s f tr ir t uc " tio d n ay Ac o t f of J 1a9n1u8a, r"y, anodneshthaollucsoamn d e riun . ntoe : c a m o n m e d n m t o e f nc A e. ct. hundred and nineteen.

8464 DINGOES AND MARSUPIALS. Dingo and Marsupial Destruction Act. 9 GEO. V. No. 15, Repeal of 2. *" The Marsupial Boards Acts, 1905 to 1910," are "Marsupial repealed: Boards Acts, t~ rg~ ? Provided that without prejudice to any provision of . t" The Acts Shorterping Acts"- Savings. (1.) Any Marsupial District or Marsupial Board, or t~ d~ · s~ i: · member, or officer or other employee thereof, constituted, elected, or appointed under or pursuant to the Acts hereby repealed, shall be deemed to have been consti- tuted, elected, or appointed a Dingo District, Dingo. Board, member, officer, or employee, as the case may be. under this Act. (2.) All the property, moneys, rights, powers,. authorities, duties, and obligations of a Marsupial Board shall vest in and be imposed upon the Dingo Board con- stituted in succession thereto under this Act.. All assessments and other moneys which, having accrued due to a Marsupial Board, are at the commence- me1;lt of this Act due or payable to or leviable by or for such Board, shall be and continue to be so due, payable, and leviable, and shall and may be paid to, and received,. levied, and recovered by, the Dingo Board constituted in succession thereto under this Act; and· all penalties and forfeitures then incurred shall and may be enforced by such Dingo Board. , And all rights, liabilities, contracts, and engagements existing, and all actions, suits, and proceedings pending, at the commencement of this Act, by or against a. Marsupial Board, shall be transferred to and vested in, and may be enforced, carried on, and prosecuted by or against, the Dingo Board constituted in successi.on thereto under this Act; and no such action, suit, or proceeding shall abate, or be discontinued or prejudicially affected, by anything in this Act contained. (3.) All by-laws made by a Marsupial Board under the said Acts shall, subject to this Ac.t, continue in force, and shall be deemed to have been made by the Dingo Board constituted in succession thereto under this Act. , (4.) Any Act or, document referring to the said repea1ed Acts or any of them shall be construed to refer to this Act or the corresponding enactment of this Act. * 5 EdW. VII. No. 8 and 1 Geo. V. No. 16, supra, pages 2081 et seq. t 31 Vie. No. 6 and 3 Edw. VII. No. 10, supra, pages 15 et seg.

DINGOES AND MARSUPIALS. 8465 1918. Dingo and Marsupial Destruction Act. 3. (1.) In .this Act, unless the context otherwise Interpreta. indicates, the following terms have the meanings set ~ i~ dw. VII. ' against them respectively:- No,8,8s.2,4, " Board "-The Dingo Board of a District; 23. Board. " Cattle" includes horses; Cattle. " Clerk "-The clerk of the Board; Clerk. "Dingo ' ~-A dingo or half-bred dingo or any Dingo. undomesticated dog generally known as a wild dog inhabiting the bush and apparently having no owner and being under no control: the term includes a fox (known scientifically as Oanis vulpes) , whether pure-bred or cross- bred; " District "-A Dingo District constituted or District. deemed to be constituted under this Act; " Holding "-Any country land held in fee-simple Holding. or under lease, license, or otherwise; " Manager "-The resident manager of a holding Manager. the owner whereof does not reside in the District; "Marsupial "-A wallaby, paddamelon, bandicoot, Marsupial. or kangaroo rat; " l\iember "-A member of the Board; MembE'r. "Minister "-The Secretary for Agriculture and Minister. Stock or other Minister of the Crown charged for the time being with the administration of this Act; " Owner "-The person for the time being entitled Owner. .to possession of a holding; " Prescribed Return"-The annual return of stock Prescribed in respect of a District required to be made return. under *" The Stock Returns Act of 1893" or any Act amending or in substitution for that Act; " Resident "-Resident in the District; Resident. " Scalp "- Scalp. (a) With respect to dingoes, means and includes a portion of the skin of the head of a dingo, to which both ears are attached, and a strip of the skin down the back with the tail; * 57 Vic. No. 10, Bupra, page 3277.

8466 1' DINGOES AND MARSUPIALS. Dingo and Marsupial Destr~ wtion Act. 9 GEO. V. No. 15, Scalper. Stock. (b) With respect to marsupials, means and in- cludes a strip of the skin down the face, with both ears and both nostrils attached; " Scalper "-A person engaged in the occupation of the destruction of dingoes and marsupials, and who holds a subsisting permit in that behalf issued under this Act or under the Acts hereby repealed; " Stock" includes cattle and sheep; This Act. "This Act"--This Act and all By-laws and Regu- lations made thereunder; Year. "Year"-The period of time from the first day of January to the next following thirty-first day of December, inclusive. Proportion (2.) In calculating the proportionate number of sheep oftt ep and and cattle under this Act, five sheep shall be deemed to ca. be the equivalent of one head of cattle. Holding (3.) When a holding is situated partly in one District, situat: ~ in and partly in another or other Districts, the holding shall : : : eDis~ ~ et. for all purposes of this Act be deemed to be situated wholly within the District in which the greater part of the holding is situated, and shall accordingly be assessed solely by the Board of that District. Governor in 4. The Governor in Council shall, by Order in =: Cou~ ~ ~ l ;:aY Council, divide the State of Queensla.nd into Districts, ~ r' and constitute each such District a Dingo District for the diD' : vitd~ ts purposes of this Act, and may, from time to time, by 5 l E s d n w. e V . II. Or der ' ill Coun il c- No. 8, s. 6. (a) Unite two or more such Districts into one District; (b) Divide a Dingo District into two or more Districts; (c) Alter th~ boundaries of a Dingo District; (d) Abolish a Dingo District. In every case in which it may be necessary so to do, the Governor in Council may, by Order in Council, settle and adjust any questions or rights which by reason of the exercise of any of the foregoing powers should in his opinion be settled or adjusted, and may when necessary declare and apportion the assets and liabilities of the respective Boards, whether old or new, between them. Everv such Order in Council shall have the same effect as if it were a part of this Act, so that the rights

DINGOES AND MARSUPIALS. 8467 1918. Dingo and Marsupial Destruction Act. and liabilities of the respecti~ e Boards, and the respective powers, rights, and authorities in respect of their assets, shall be as declared by the Order in Council. 5. For every District there shall be a Board, which Boards to be shall consist of five members-one member to be ~ o~ ~ : ~ ~ i1. appointed by the Governor in Council, and four members No. 8, s. 7. to be elected or appointed as hereinafter provided. The member so appointed shall, subject to this Act, remain in office for two years. 6. (1.) In every District every resident owner or Qualification manager 0 f a h 0 Idl" ng]n respect 0 f wh 1 ' 0 h the prescn'. bedoafnmdemelebcetorsrs. return of stock has been made of not less than twenty- lb. s. 8. five head of cattle, or a proportionate number of sheep or of sheep and catt1e, shall be qualified to be elected or appointed a member of the Board. Every such person shall, howe¥er, cease to be so qualified or to be a member if at any time the number of stock depastured on the holding is reduced below the number herein prescribed in respect of the District, unless in any such case the Minister directs that any member shall retain office notwithstanding such reduction until the next biennial election. (2.) In every District every resident owner or manager of a holding in respect of which the prescribed return has been made of not less than twenty-five head of cattle, or a proportionate number of sheep or of sheep and cattle, shall be entitled to one vote at any election of members: (3.) Provided that- (a) No such person shall have more than one vote in respect of all stock so returned for all holdings owned or managed by him in the District; (b) No such person whose assessment remains unpaid on the thirtieth day of June next preceding the election shall be entitled to vote. 7. (1.) An election of members shall be held before Bien~ ial the t hl· rty- first day 0 f December ' III every aIternat e ye.ar ebleechtleOldn.s to on a day to be appointed by the Board. lb. ss. 9to 11, 14.

8468 DINGOES AND MARSUPIALS. Dingo and Marsupial Destrttction Act. 9 GEO. V. ~ o. 15, Rules as to (2.) The rules, forms, an"d directions contained in Part ~ le~ tions. H. of the Schedule to this Act shall, as to all matters to c . Part H. which they extend, regulate the proceedings in relation to all elections held in pursuance of this Act: Such provisions may from time to time be amended or added to by the Governor in Council by Order in Council published in the Gazette: " . Provided that, for the purposes of the first election of me~ bers of the Board of a newly constituted District, the Governor in Council may, by Ordyr in Council, fix the date of election, and appoint the returning officer, and give sueh directions as to the preparation of a roll of electors and other matters as he thinks proper, and, save as modified by such Order, the rules, forms, and directions contained in the said Schedule, with any amendments thereof or additions thereto as aforesaid, shall apply and be observed with respect to such election. Gove~ or in (3.) If at the time appointed for an election or ~ ; ; : i~ ! may within the time hereinoefore prescribed no election is ,members in held or the number of members elected is less than ~~ : ~ t~ the number of members to be elected, the Governor . in Council may appoint a sufficient number of duly qualified persons to be a member or members of the Board to fill the vacancy or vacancies which ought to have been filled at such election. Elect.ion or (4.) As soon as conveniently may be after every a o p f pmoemmtbmeersnt eIec t' Ion or appO . ln "t ment 0 f a memb er or memb ers, a to be notification thereof shall be published in the Gazette, but gazetted. a Board shall be deemed to be duly constituted and may transact business immediately upon election or appoint- ment. . Vacancies. (5.) Whenever a casual vacancy arises from any cause whatsoever,a person shall be elected or appointed to fill such vacancy, as the case may be, but if no person is elected the Governor in Council may appoint some duly qualified person to fi11 such vacancy, and the member so elected or appointed shall remain in office only so long as the retiring member would have done if no vacancy had occurred. Such election shall be held at such time as the Board determine, not later than sixty days after the vacancy has arisen, and shall be conducted in the manner pre- scribed by this Act with respect to biennial elections.

DINGOES AND MARSUPIALS. 8469 1918. Dingo and 1I1.arstlpial Dcstrtlction Act. 8. If in the opinion of the Governor. in Council the M~ r; nbers members or any member of a Board fail or fails to ~ ~ l; } ~ ~ ~ O discharge the duties imposed upon them or him under duty may be this Act, the Governor in Council may remove such ~ e~ ~ ; . e% II members or member, and in that case a fresh election or No. 8, ·s. 15: a ppointment shall forthwith be had. 9. The provisions set forth in Part I. of the ScheduleRulesf~ r to this Act shall in all matters to which they relate~~dc~:!:~:: s. govern the Board and the proceedings and business of Sch. Part I. the Board, and shall be observed. lb. s. 17. Such provisions may from time to time be amended or added to, by the Governor in Council by Order in Council published in the Gazette. 10. (1.) Subject to this Act, no person shall beDestr.uction entitled to destroy dingoes or marsupials on a holding ~ ~ ~ ~ : : : ! ~ts. within a District unless. he holds a subsisting permit as lb. ss.19 to a scalper : 190. Provided that- (a) Nothing herein shall be construed to prevent the owner or manager of any holding, or any employee of such owner or manager, or any person who has the authority of such owner or manager, from destroying dingoes or marsupials upon such holding without such permit; (b) No permit for dingo destruction shall be issued in respect of any holding which, in the opinion of the Minister on the recommendation of the Board, is fenced with effective dog-proof fencing. (2.) Every person who desires to become a scalper Issue of shall register his name and place of residence with the permits. clerk.' . The Board may the-reupon issue to such person a written permit in that behalf, which shall remain in force for the current year, but may be renewed from year to year. For every such permit there shall be paid the annual fee of two shillings and six pence. If the Board refuse to issue such permit, the appli- cant may appeal from his decision to a police magistrate or any two justices sitting in petty sessions on giving to the clerk not less than twenty-one days' notice uf his •• intention so to do.

8470 DINGOES AND MARSUPIALS. Dingo and Marsupial Destruction Act. 9 GEO. V. No. 15, The Court shall hear and determine the matter of the appeaJ, and its decision shall be final and shall be obeyed, but shall not have any effect beyond the current year. cHpoeovrlmedriientd. gs by issue ( d 3.) byThheimcletrhke snhaamll eenodrornsaemoens e( ovreroythseurchsu.fpfiecrimenitt description) of the holding or holdings on which for the time being the scalper desires to carry on his occupation, and in cases referred to in paragraph (b) of the proviso to subsection one hereof the necessary limitation of the permit. If the scalper desires to carry on his occupation on any other holding or holdings he shall make a written applicati.on to the clerk to that effect, and shall lodge therewith his permit; and the clerk shall amend the endorsement, upon the permit accordingly. And such amendments shall be so made upon application, from time to time, during the currency of the permit. A permit shall only entitle the holder thereof tu carry on his occupation on the holding or holdings named or described for the time being in his permit. Entry by scalper. (4.) Save as hereinafter mentioned, every scalper shall have authority by virtue of his permit, after such notice to the owner as the Board shall direct but not exceeding twenty-one day3, to enter upon any holding named or described for the time being in his permit with such number of horses as the Board may deem neces- sary, and remain thereon as long as is necessary for the purposes of his occupation, and destroy thereon dingoes and marsupials. Any person who obstructs a scalper from so entering or remaining upon any such holding, or from destroying dingoes or marsupials thereon, shall be liable to a penalty not exceeding ten pounus. ~ ~ ins of d (5.) Unless otherwise provided for in or pursuant ~ : ;so;; i:~ to this Act, all skins of dingoes and marsupials obtained by a scalper under such permit shall be the property of such scalper. Offences by scalpers. (6.) A scalper shall not- (a) Without the consent of the owner or manager, enter upon or carry on his occupation upon any holding which is not for the time being a holding to which his permit applies; •

DINGOES AND MARSUPIALS. 8471 1918. Dingo and Marsupial Destruction Act. (b) Without the consent of the owner or manager, enter upon or carry on his occupation upon any paddock exempted as herein provided; For the purposes of this provision every owner or manager of a holding, upon notice in writing to the Board describing the paddock or paddocks in question, and stating the particular use to which the same are being put, shall, while the same are being so used, be entitled to the exemption of such paddock or paddocks not exceeding in area one-sixth of the entire holding; (c) Without the consent of the owner or manager, camp within ~ distance of two hundred yards from any dam, tank, bore-stream, spring, or waterhole used on any holding for the water- ing of stock. Any scalper who acts in contravention of any of the foregoing provisions shall be liable to a penalty not exceeding ten pounds. (7.) If a Board are satisfied that a holder of a permit Suspension has failed to comply with any material provision of this ~ ~ ncellatio~ Act, or is not bona fide exercising his rights under such of permit. permit, or is guilty of any wrongdoing under such permit, they may suspend or cancel such permit, subject to an appeal from the decision of the Board to a police magis- trate or any two justices sitting in petty sessions in manner provided by subsection two of this section; and the decision of such Court shall be final, and shall be obeyed, but shall not have any effect beyond the current year. (8.) The Board, whenever they think it necessary so Board may. .. to do, may employ scalpers holding permits as aforesaid, :: f~~ ~ and pay to them such wages and allowances out of the Dingo Fund as they think proper. All skins of dingoes and marsupials obtained by such scalpers shall be the property of the Board, and shall be dealt with as they think proper. 11. (1.) It shall not be lawful to use any cyanide of Cyani~ e of potassium for the destruction of dingoes or marsupials. ~ ~ ~ ~ : ~ (2.) It shall not be lawful for any scalper to keep or~ :p~ ~ed or store or have in possession any cyanide of potassium. 5 Edw. VII. No. 8,B. 19D.

B472 DINGOES AND MARSUPIALS. Dingo and Marsupial Destruction Act. 9 GEO. V. No. 15, (3.) Any person who is guilty of a 90ntravention of this section shall be liable to a penalty not exceeding twenty pounds. Po~er of . 12. Any member of the Police Force who has reason- ~ ! ~~ ~ ~c. able grounds to suspect that there is kept or stored or had 5 Edw. VII. in possession by any person, in or upon any building, hut, No . 8 , S . 19B .ten t , or campm . g p I ace or ot h er preID . lses or ve h l ' C I e- (a) Any dingo or marsupial, or the carcass or skin of any dingo or marsupial; (b) Any cyanide of potassium; in contravention of this Act, or in respect of which there has been a contravention of this Act, may at any time, under the authority of a wa~rant issued by a police magistrate or clerk of petty sessions, enter upon and search such building, hut, tent, camping place, premises, or vehicle, and any box or package there, and may seize all dingoes and marsupials and carcasses and skins thereof and any cyanide of potassium found there, and ma"y arrest any person found there or who is apparently in occupa- tion of or charge of the building, hut, tent, camping place, premises, or vehicle, or in possession of such animals, things, or cyanide of potassium, and take him and all such animals, things, or cyanide of potassium so seized before a police magistrate or court of petty sessions. And if such person does not gi ve an account to the satisfaction of such magistrate or court of such animals, things, or cyanide of potassium.being in the place where they were so seized or of his possession of them, he shall be liable to a penalty not exceeding five pounds, or in case of having cyanide of potassium a penalty not exceed- ing twenty 'pounds, and upon his conviction all' such animals, things, and cyanide of potassium shall be forfeited to His Majesty. In addition to any penalty imposed upon any person convicted of any contravention of this Act, such magis- trate or court may in his or its discretion order that any permit as a scalper held by the defendant shall be entirely revoked, or that it shall be suspended for sueh period, but not beyond its currency, as the magistrate or court thinks fit. Pbermitds to d 13. Any member of the Police Force may require lb e . p S r . o 19 u F c . e any scaIper t 0 produce h I ' S permI. t f or ' mspectJ . On; and if such scalper, without reasonable excuse, the proof of

DINGOES AND MARSUPIALS. 8473 1918. Dingo and Marsupial Destruction Act. which shall be upon him, fails so to produce his permit, . he shaH be liable to a penalty not exceeding five pounds. 14. (1.) The Board may from time to time make By.laws. by-laws with respect to all or any of the following ; ~ t~ : ' il" matters:- (i.) The times for holding meetings of the Board, the summoning and adjournment of such meet- . ings, and the preservation of order thereat, and the transaction and management of business; (ii.) The duties of the clerk, receivers, and other officers of the Board; (ili.) The manner' in which, and the conditions under which, scalps shall or may be delivered to officers of the BDard, and the conditions under which certificates in respect of the same will be granted: such by-laws may permit the whole of the skin of any specified animal to be produced in lieu of the scalp, and the removal by the receiver of a specified part thereof for purposes of identification and destruction; and (iv.) Any other matters or things necessary for the more effectual execution of this Act. The by-laws may impose a penalty not exceeding twenty pounds for any breach thereof. The by-laws shall be signed by the chairman and shall be submitted for the approval of the Governor in Council, and if approved by him shall be published in the Gazette, and thereupon such by-laws shall have the force of law in the District. (2.) A by-law or part of a by-law may be repealed GoverJ?-or in by the Governor in Council by Order in Council. ; e; ~ ~ il may by-laws. 15. (1.) Every Board shall in each year make and Assessment. levy an assessment. The rate of such assessment shall be ~ ~ . ~ ~ ;27 on everytwenty-five head of cattle and every one hundred . , . and twenty-five sheep. Such assessment shall be paid by the owner of stock upon the actual number of stock returned by him for the District in the prescribed return, subject to such annual adjustment between the several Boards concerned as the Minister may think proper:

8474 DINGOES AND MARSUPIALS. Dingo Glnd 1I1at'supial Destruction Act. 9 GEO. V. No. 15, Provided that no assessment shall be payable in respect of any holding with regard to which the number of stock returned is less than twenty-five head of cattle, or a proportionate number of sheep or of sheep and cattle. Second (2.) The Board may levy a second assessment during assessment. any year after an interval of not less than six months from the date of levying the first assessment. Maximum and minimum. (3.) Unless with the approval of the Minister, no assessment or assessments in anyone year shall in the aggregate exceed six shillings or be less than one shilling on every twenty-five head of cattle or one hundred and twenty-five sheep. -- When assessment deemed to be levied. (4.) The Board shall cause notice of the making of every assessment to be published in the Gazette, and once at least in some newspa.,er generally circulating in the District; and the assessment shall be deemed to have been duly levied on the last day on which such notice was so published. Payment of (5.) The amount of every assessment shall be paid to assessment. the clerk within two months after the assessment has been levied, or it shall be paid within such time to the nearest clerk of petty sessions, Who shall forthwith transmit the same to the clerk of the Board. Assessment, 16. If an owner fails to pay the amount of an ~ ~ ;; r~ ed. assesshment"thhe Board mhay enforcbe paymenft of the I sambe, 5 Edw. VII. toget er Wit one-tent more Y 'Y'ay 0 pena ty, y No. 8, s. 28. complaint against the owner or manager before a police magistrate or any two justices of the peace, or by action in any court of competent jurisdiction. In all cases such assessment and penalty may be levied by distress and sale of any stock, the property of such owner, found depasturing on the holding OR which the stock in respect of which the assessment is payable are ordinarily depastured. Moreover, such assessment and penalty shall be and remain a first .charge upon the holding, notwithstanding any change that may take place in the ownership thereof. Dingo Fund. 17. (1.) All moneys received by a Board under this lb. B. 30. Act shall be paid to the credit of a fund, to be called the" Dingo Fund," in some bank to be appointed by the Board, and shall be held and applied by the Board solely for the purposes of this Act.

DINGOES AND MARSUPIALS. 8475 1918. . Dingo and Marsupial Destruction Act. (2.) The Dingo Fund shall be applied in payment of App~ ication bonuses for scalps, and in payment of salaries and other~ ~ : go expenses necessarily incurred in carrying this Act into execution. (3.) All sums of money standing to the credit or debit of the MarsupialFund of any Marsupial Board at the commencement of this Act shall be transferred to the credit or debit, as the case may require, 'of the Dingo Fund of the Dingo Board constituted in succession to such Marsupial Board under this Act. . 18. The rates of bonus payable in respect of scalps Rates of of d~ ngo~s shall be fixed by the Board at their first ~ o~~ .;. . VII. meetmg m each year. No. 8, s._31. The payment of a bonus shall be optional in the case of scalps of marsupials, but shall be compulsory in the case of scalps of dingoes. The rate for the scalp of a dingo (including a fox), irrespective of age, shall not be less than twenty shillings; but the rate fixed for the scalp of a fox need not be the same as the rate fixed for the scalp of any other dingo. 19. Out of any moneys appropriated by Parliament Endowment. for the purpose, such sum by way of endowment, not exceeding five thousand pounds in any financial year, as the Minister in his discretion shall think fit shall be paid out of the Consolidated Revenue by the Treasurer upon a warrant signed by th.e Governor, and be placed to the credit of the Dingo Fund of each Board in proportion to the amount actually expended by each Board respectively in, respect of bonuses for Bcalps of dingoes during the last preceding year. 20. Any person who in a District, without the sanction of the owner- (a) Cuts, breaks, injures, or destroys, any dingo- Destruction proof fence, or any wire netting affixed' to of fen,ces, &0. such fence; or . (b) Wilfully or negligently leayes open it gate in a Leaving dingo-proof fence or causes any stock to be oP: & confined, encamped, or shut in against any ga s, c. such fence so as necessarily to be or remain in close proximity thereto ; shallbe liable toa penalty not exceeding one hundred pounds. o

8476 DINGOES AND MARSUPIALS. Dingo and Marsnpial Destr1lction Act. 9 GEO. V. No. 15, Recovery 21. (1.) All penalties imposed for any breach of this . : ~ ~ lication Act may be recovered on the complaint of the cle:r;k or of penalties. any member in a summary way under *" The Justices Acts, 5 No E . d 8 w , . s. V 3 I 6 I . . 1886 to 1909.') (2.) All moneys received by way of penalty shall be placed to the credit of the Dingo Fund. Regulations. 22. The Governor in Council may from time to time lb. B. 37. make all such Regulations as he deems necessary or expedient for carrying this Act into effect, and may impose a penalty not exceeding twenty pounds for any breach thereof. All such Regulations shall upon being published in the Gazette have the same effect as if they were enacted in this Act. All such Regulations and any amendment thereof shall be laid before both Houses of Parliament within fourteen sitting days after such publication, if Parliament is in session, and, if not, then within fourteen sitting days after the commencement of the next session. If either House of Parliament passes a resolution disallowing any such Regulation or amendment thereof, of which resolution notice has been given at any time within fourteen sitting days of such House after such Regulation or amendment thereof has been laid before it, such Regulation or amendment thereof shall thereupon cease to have effect, but without prejudice to the validity of anything done thereunder in the meantime. For the purposes of this Act, the term" sitting days" shall mean days on which the House actually sits for the despatch of business: Provided always that if such Regulations and amend- ments thereof, if any, are not duly laid before Parliament as hereinbefore prescribed, they shall thereupon cease to have any force, effect, or operation whatsoever. * 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seq.

1918. DINGOES AND MARSUPIALS. Dingo and Marsupial Destruction Act. 8477 SCHEDULE. PART I. PROVISIONS RELA1.'ING TO THE BOARD AND THE PROCEEDINGS AND BUSINESS OF THE BOARD. 1. The office of a member shall be vacated if he is absent from Vacation of two or more consecutive ordinary meetings of the Board without office leave obtained from the Boa,rd in that behalf. tnhorno-ugh attendance. 5. Edw. VII. No. 8, s. 12. 2. Any member of a Board may resign his office by writing Resigna- under his hand addressed to the clerk; and such resignation shall be tions. complete from the time when it is received by the clerk. lb. Sch. Ill. 3. Every member who goes out of office or resigns his office shall, Retiring jf otherwise qualified, be eligible for re-appointment or for re-election. m~ ~ber elIgIble for re- election. Ib.s.13 4. The first meeting of the Board sha.ll be held before the First thirty-first day of January in every year. m~, eting. lb. Sch. Ill. 5. The Board shall meet once at least in each quarter, at such Times of times as are appointed by the Board. meeting. lb. Seh. Ill. 6. (1.) At the first meeting of the Board, or at some adjournment Chairman. thereof, the Board shall elect one of the members to be chairman, who lb. s. 16. shall, subject to the provision hereinafter contained, hold office for a period of twelve months, when a new election for the office of chairman shall be held. The Board ma,y grant to the chairman a reasona,ble sum by way of remuneration for his services as such chairman. (2.) If the chairman resigns his office of chairman or member, the Board shall elect a member to be chairman in his stead. (3.) If within one month after the time appointed for the election of a chairman no chairmaIU is elected, the Guvernor in Council may appoint one of the members to be chairman. 7. The chairman shall preside at every meeting of the Board at Chairman's which he is present, and if he is absent from any meeting another duty. member shall be elected chairman at and for such meeting. lb. Seh. Ill. S. No business shall be transacted at any meet,ing of the Board Quorum. unless at least three members ale present. lb. Sch. IH. 9. All powers vested in the Board may be exercised by the Voting. majority of the members present at any meeting duly held, and all lb. Seh. Ill. questions shall be decided by a majority and by open voting. Upon every question the chairman shall have a vote, and if the' numbers are equally divided he shall have a second or casting vote. At all meetings of the Board all members present shall vote. If a member refuses to vote his vote shall be counted for the negative. 10. The members present at a meeting may from time to time Adjourn. adjourn the meeting. ment. lb. Seh. Ill.

8478 DINGOES AND MARSUPIALS. Dingo and Marsupial Destr~ tctiof! . Act. 9 GEO. V. No. 15, If a quorum is not present within half-an-hoer after the time appointed for a meeting, the members present or a majority of them, or anyone member if only one is present, or the clerk if no member is present, may adjourn the meeting to any time not later than four- teen days from the date of such adjournment.. Notice of 11. Anotice of every meeting or adjourned meetingshall be given meetings. to every member in such manner as the Board may determine.. 5 Edw. VII. No. 8, Sch. Ill. Defective 12. No proceedings of 'the Board, or of any person acting as election, &c., chairman or member, shall be invalidated by reason of any defect : ;a~ ~ date in the appointment or election or of any disqualification of any such proceedings. person, or by reason of there being any vacancy in the number of lb. Sch. Ill. members at the time of such proceedings. Clerk and 13. The Board from time to time shall appoint a clerk, and one or . receivers. more receivers of scalps, and may appoint and employ such other lb. s. 18. officers and persons as they think proper. The Minister may, if satisfied that the number of receivers . appointed by a Board is insufficient for the effectual execution of this. Act, cause a notice to be served upon the Board requiring them to appoirit one or more receivers as may be specified in the notice; and thereupon the Board shall make such appointment accordingly. Board to grant certificate , for scalps. lb. s. 32, Sch. I. 14. When the scalps of any dingoes or of Bny marsupials in respect of which bonus is payable killed within a District are delivered to the clerk or to any receiver of scalps, a certificate in the form hereunder set forth, signed by the clerk or receiver and also by the chairman ora member, shall be granted to the person delivering the scalps. Such certificate shall entitle the holder ~ o be paid a bonus for each scalp so delivered: Provided that-·- (a) Before any such certificate is granted the person so deliver- ing sralps shall, upon being required so to do by the clerk, receiver, chairman, or member, furnish satisfactory evidence that he is entitleri to such certificate: (b) No certificat.e shall be granted in respect of aJy scalps whieh are not delivered to the clerk or receiver within thirty days after the destruction 01 the animals from. which such scalps were obtained. . "The Dingo and Marsupial Destruction Act of 1918." CERTIl)'ICATE OF DESTRUCTION. I hereby certify that , in the District of delivered to me [number to be stated in words] scalps, more particularly enumerated in the Schedule below. And I further certifv that such scalps have been duly destroyed, in my presence, as reqlrlred by the above-named Act. Olerk [or Receiver of Scalps]; Dated at this day of 19

1918. DINGOES AND MARSUPIALS. Dingo and Marsupial.Destruction .A ct.. Schedule of Scalps delivered as above. Description. Number. Amount. 8479 Dingoes .. . . .. . . .. Marsupials [describing them] We certify that of , in the District of , is entitled to the above-named sum of as bonuses on scalps of Dingoes [or Marsupials] destroyed by him. Dated at this day of ,19 . Clerk. Chairman [or Member]. [Insert date] , 19 I have this day received from the Clerk of the Board the sum of , being amount of bonuses owing to me in accordance with the above certificate. A.B. STAMP. 15. All scalps delivered under this Act shall forthwith be Destruction destroyed by fire in the presence of the persons granting the certificate, of scalps. who shall thereafter forward to the Board a certificate that they have;Edt V~ I' been so destroyed. o. ,s. . 16. Any person who- (i.) Knowingly procures or attempts to procure a certificate for Frauds, &0., scalps of dingoes or marsupials which have not been as t'? destroyed within the District in respect of which the ~ ~ rtIfi~ a; ' E' B. certificate is granted or is applied for shall be liable to a .8.• u penalty not exceeding twenty ponnrlR ; (ii.) Knowingly procures or attempts to procure a certificate for scalps of dingoes or marsupials which have been destroyed out of Queensland, or for scalps for which a certificate has been previously granted, or wilfully makes any false statement with respect to any scalps, or knowingly procures or attempts to procure certificates for fictitious or pretended scalps, shall be liable to a penalty not exooeding fifty pounds, or, without the option of a penalty. to be imprisoned, with or without hard la.bour, for any term not exceeding six months. 17. A Board may sue or be sued in any legal proceedings in the Legal name of the chairman or clerk. proceedings. lb. Sch. Ill. 18. The accolmts of the Board shall be audited from time to time Audit of by the Auditor-General or an officer of his department, l10nd the accounts. members and clerk shall be deemed to be public accountants within lb. Sch. Ill. the meaning of *" The Audit Act of 1874." * 38 Vie. No. 12, supra, page 74.

8480 DINGOES AND MARSUPIAllS. Dingo and Marsupial Destruction Act. 9 GEO. V. ~ o. 15, Annual 19. (1.) On or before the thirty-first day of March in every year rttoreatunthrsnems. ltttoe d be athreehtBuornarsd so'hwalml cgau- se to be prep9.red and transmitted to the Minister Minister. ~ ~ drsVi~ ' . ,. . (a) The total amount actually raised and levied hyassessment and expended during the year ending on the thirty-first day of December then last past; (b) The number of s!Jalps of dingoes and marsupials paid for by the Board during such period; and . (c) Such further information as the Minister may require. The return shall be signed and certified by the chairman, and countersigned and verified by the clerk. Penalty for Any person who knowingly makes, signs, or countersigns a false false return. return under this section shall be liabJe to a penalty not exceeding thirty pounds. Annual (2.) A statement of 'account showing the revenue and expenditure statement of by the Board during each year shall be published by the Board, not account. later than the thirty-first day of March next ensuing, in some news- . paper generally circulating in the District. Section 7, Returning officer, PART n, RULES TO BE OBSERVED FOR ELECTIONS. 1. For the purposes of every election the Board shall from time to time appoint a returning officer who shall, subject to the right to resign his office by writing under his hand addressed to the chairman of the Board, hold office during the pleasure of the Board. Clerk to prepare a list of electors. . 2. The clerk shall, in every alternate year, as soon as practicable after the thirtieth day of September next preceding the election of members, prepare an alphabetioal list containing the name and par- ticulars of the place of abode of every person who is entitled to vote at elections of members. Such list shall be certified by the clerk by writing under his hand to be correct, and, when. so certified, shall be conclusive evidence of the right of every person named therein to vote. t L h i e st rotoll. form to th3e. rTethuer.nsianidg loifsfti, cewr, heanndsoshcaelrltifbieed, thseharlolllbeof deelleicvteorresdtobybethuesecdlearkt every election, and such roll shall continue in force until a new roll is made. Notice of election., 4. Twenty-eight clear days before the day appointed for a.ny election, the returning officer shall give public notice of such election by advertisement in some newspaper generally circulating in the District, and, by such notice, shall specify a day, not less than ten nor more than fourteen days after the time of giving sucb notice, and named therein as the day of nomination; and shall require' all candidates at such election to be nominated at some place to be named in such notice, in manner hereinafter mentioned. Nomination. 5. In order that any qualified person may become a candidate at such election, he shall be nominated in manner following, that is to say-Before noon on the day of nomination, there shall be delivered at

DINGOES AND MARSUPIALS. 8481 1918. Dingo and Marsupial Destruction Act. the place aforesaid, to the returning officer, a nomination-paper in the following form or to the like effect :- We, the undersigned electors of the Dingo District of , hereby nominate [8tating Christian name and surname], of , for the office of member of the Dingo Board of the said District. [in the case oJ a casual vacancy, add in the place of A.B., deceased, or as the case may be]. Dated the day of ,19 • [Here are to follow the Signatures.) And such nomination-paper shall be signed by not less than three persons entitled to vote at the election. 6. If, at the expiration of the time limited for the nomination of Result if candidates, the number of candidates does not exceed the number of only. members to be elected, the returning officer shall, at noon on the day suffi~ ent of nomination, at the place aforesaid, publicly declare such candidates ~~: in~ t.ed. to be duly elected, and they shall be duly elected accordingly. 7. If, at the expiration of the time limited for the nomination of Result if candidates, the number of candidates exceeds the number of members mor~ to be elected, the retuniing officer shall, at noon on the day of ~ ~mmated nomination, at the place aforesaid, publicly announce the names of r~ ~ ired to the candidates, and the place at which a poll will be taken, and shall be elected. also forthwith give public notice by advertisement in some newspaper generally circulating in the District, stating the names of the candi- dates, and that a poll will be taken for the election of such members on the day appointed for holding the election, and naming such day and the polling-place. S. If the returning officer is prevented from attending to any of Substitute his duties by illness or other sufficient cause, he may, or in case of his for returning refusal or inability the clerk shall, by writing under his hand, appoint officer. a substitute to act for him. And such substitute shall thereupon for the time being have, perform, and be subject to all the powers, authorities, duties, and liabilities of the principal. 9. Forthwith after a poll stands appointed for any election, the Voting- returning officer shall transmit by post to every person entitled to papers. vote at the election one voting-paper. The envelopes containing the voting-papers so posted by the returning officer shall be endorsed with the words "Voting-paper, Dingo Board." Every voting-paper shall contain the names in full, in alphabetical order, of all the candidates, and shall be in the following form or to the like effect, and shall be. initialled by the returning officer :- VOTING-PAPERS. [This voting-paper, having been completed and signed before some other person entitled to vote at the same election, a justice of the pear-e, or the returning officer, must be placed in a closed envelope, addressed to the returning officer, and endorsed " Voting Paper," and be transmitted to the place oJ nomination through the post.] Dingo Board of A.B. (initials of l1eturning Officer). I [Christian name and surname in full], of ,am an elector of this Dingo District, and am entitled to vote at the .election of [insert number of members to be elected] member of the Board, which is to take place at [state place of nomination], and closes on the day of 19 . Witness: Elector (or J.P., or Returning Officer). Elector.

8482 DINdoES AND MARSUPIALS. Dingo and Marsupial Destruction Act. 9GEO. V. ~ o. 15, Envelope. Printing voting· papers. Names of Oandidates. [Make a croBS in the square opposite the name of the (or insert numbe1" to be elected) candidate for whom you vote.] o Doe, John o J ones, J ames o Roe, Richard o Thompson, Henry. 10. Every voting-paper so transmitted to a voter shall be accom- panied by an unsealed envelope, addressed to the returning officer at the polling-place and endorsed" Voting-pa:per, Dingo Board." 11. In printing voting-papers regard shall be had to the following rules, that is to say,- (a) The name of every candidate shall be printed in plain capital letters of not smaller than pica type; (b) The' name of one candidate only shall be printed in one line; (c) On each side of every such line there shall be a blank space of not less than one quarter of an inch; (d) Reasonable space shall be left for the signature of the voter and of the witness to the voter's declaration; (e) If two candidates have the same surname and Christian name, the residence and occupation of each such candidate . shall be added to his name. Filling up declaration. 12. Before posting the voting-papers the returning officer shall cause the form of declaration on each voting-paper to be filled in with- (a) The Christian name and surname in full, when known, of the person entitled to vote; . (b) The place of residence or place of business of the person entitled to vote; (c) The place of nomination; (d) The number of members to be elected; and (e) The date on which the poll will close. Retirement. 13. If a candidate desires to retire from his candidature he may, before the voting-papers are posted, sign I1nd deliver to. the returning officer or to the clerk a notice in the following form or to the like effect :- I, A.B., hereby retire from being a eandidate at the election of members of the Dingo Board, to be held on the day of next [or instant]. Dated this Witness: C.D. day of 19 • (Signed) A.B. The returning officer, on receipt of such notice, shall make known as publicly as possible, by advertisement or otherwise, the fact of such candidate's retirement; and, if the number of candidates is, by his retirement, reduced to the number of persons to be elected at the election, shall, as soon as conveniently may be, declare the remaining

DINGOES AND MARSUPIALS. 8483 1918. Dingo and ilfars1(pial Destruction Act. <landidate or candidates to be duly elected, and, if the number is not 80 reduced, shall omit or erase the name of the candidate so retiring from the voting-papers. . 14. After posting the voting-papers, the returning officer shall Ballot.box. provide a locked ballot-box, with a cleft or opening therein capable of . receiving the voting-papers, and he shall forthwith place such ballot- box in charge of the postmaster at the place of nomination, but shall himself retain the key thereof. The postmaster shl1,l1 be re'ponsible for the safe custody of such ballot-box until it is demanded from him by the returning officer at the close of the election, and, if required to do so, O'hall give to the returning officer a written receipt for the same. 15. The person voting shall mark the voting-paper by making a. Mode of <lross in the square opposite the name of the candidate or of each of voting. the candidates for whom he votes, and shall then sign such paper in the presence of some other person who is entitled to vote at the same election, or of a justice of the peace, or of the returning officer. The person in whose presence the person voting has so signed as aforesaid shall attest the said signature, and the person voting shall then place the voting-paper in a closed envelope, addressed to the returning officer at the polling-place, and endorsed "Voting-paper, Dingo Board," and shall transmit the same by post. 16. The signature or mark of a person voting, who cannot write, IlliterMe must be attested by a justice of the peace or by the returning officer. voter. No person who cannot write shall be competent to attest the signature of a person voting. 17. At any time before thrce o'clock in the afternoon of the day Duplicate appointed for closing the poll, the returning officer may issue a second voting. or duplicate voting-paper to any person entitled to vote whose original paper. voting-paper has miscarried or has been 9.estroyed : Provi~ ed that such person shall first make a declaration before the returning officer that he has not received the original voting-paper, or that it has been destroyed, and that he has not already voted at the election. 18. The returning officer may, at the request of a person voting, Returning mark the voting-paper by making a cross in the square opposite the offi?er may name of the candidate or of each of the candidates for whom such aSSIst voter. voter wishes to vote, and may attest the signature of such person; but the returning officer shall not personally receive any vote except t~ rough the post, as hereinbefore prodded. 19. The postmaster at the place of nomination shall cause to 'be Duty of deposited in thc ballot-box every post-letter addressed to the returning postmaster. officer, and endorsed" Voting-paper, Dingo Board," which is posted or received through the post between the day of nomination and four o'clock in the afternoon of the day appointed for • closing the poll. 20. At four o'clock on the day appointed for closing the poll, the Delivery returning officer shall demand from such postma~ t, er and, if required UPllof b to do so, shall give to such postmaster a written receipt for the ha ot- ox. ballot-box, and shall forthwith convey the same to the polling-place.

8484 DINGOES AND MARSUPIALS. Dingo and Marsupial DestnwtiGn Ad. 9 GEO. V. No. 15, Count, &c. 21. The returning officer shall then and there, in the presence of the poll clerk (if any) and of such candidates and scrutineers (of whom each candidate may, by writing under his hand, appoint one) as may attend, examine and count the number of votes for each candidate, and shall make out a written statement, signed by himself and' countersigned by the poll clerk (if any), and by any scrutineers who are present, and consent to sign the same, containing the numbers, in words as well as in figures, of the votes received for each candidate, and shall, as soon as pOt'sible, there openly declare such numbers, and shall at the same time and place declare the name or names of the candidate or candidates elected, and shall forthwith thereafter certify to the clerk, by writing under his hand, the name or names of the candidate or candidates so elected and the date of the declaration of the·result of the election. At the time of opening the ballot-box, the returning officer shall produce, for the information of the scrutineers, an alphabetical list, signed by him, of all persons to whom he has posted or issued voting- papers. Informal vote. 22. At the examination of the voting-papers. every voting-paper which- (a) Does not bear the initials of the returning officer; or (b) Is not signe:l by the voter and attested as hereinbefore pre- scribed; or (c) Is manifestly irregular; or (d) Has no cross in a square opposite the name of a candidate, or has fewer crosses or more crosses in such squares than the number of candidates to be elected; or (e) Is so imperfectly executed that the intention of the pen;on voting cannot with certainty be ascertained; shall be rejected as void and of no effect. Marking hst. 23. At the examination of the voting-papers, the returning officer shall, upon the proper alphabetical list, make a mark rugainst the name of every person who voted by a voting-paper. Casting vote. 24. If the number of votes for two or more candidate!" is found to be equal, the returning officer, whether he is himself an elector or not. shall, by hif' casting vote, decide which shall be elected: Provided that the returning officer shall not vote at any election a t which he acts aR retuming officer, except in the case of an equality of votes as aforesaid. Sealing up voting. papers, &c. 25. The returning officer shall forthwith, after the declaration of th(l result of the election, make up in one packet all the voting-papers, to;: ~ ther with the alphahetjcal list aforesaid, signed by him as aforesaid, and shall securely fasten and seal up such packet, and also permit the same to be sealed by. the scrutineers present if they so desire, and shall endorse upon it, when so sealed, a description of the contents thereof, and shall sign such endorsement with his name j and shall cause such sealed packet to be delivered to the clerk, who shall safely keep the same for six months after the receipt thereof, and shall, after the expiration of such period of six months, cause such voting-papers to be destroyed in the presence of at least two members of the Board. •

DINGOES AND MARSUPIALS. 8485 1918. . Dingo and 1I1arstlpial Destruction Act. If any question at any time arises touching the votes alleged to have been given at any election, the voting-papers contained in any such sealed packet shall be received in evidence, as proof of such votes, in any court of justice upon production thereof and upon proof that the same were transmitted to the clerk in due course by the returning officer. 28. If the returning officer, or any scrutineer or other person, in Secrecy. the discharge, of his duties under this Act, at or concerning an election, learns for which candidate any person voting has voted at such election, he shall not, by word or act or any other means whatsoever, directly or indirectly, divulge or discover or aid in divulging or discovering the fact, save in answer to some question which he is legally bound to a1Ilswer. Every such'returning officer, scrutineer, or other person who knowingly and wilfully offends against this provIsion shall be lia ble to a penalty not exceeding one hundred pounds. Any scrutineer who makes any mark upon any list of persons entitled to vote at an election, or makes or writes any note or memorandum denoting or whereby he can know or remember for which candidate any person voting has voted at an election, shall be liable to a penalty not exceeding one hundred pounds. 27. The returning officer shall have power and authority to Maintenance maintain and enforce order and keep the peace at any election held by of order. him, and, without any other warrant than this Act, to cause to be arrested and removed and taken before a jtlstice of the peace any person not entitled to be in the place of nomination who intrudes into the same, or who obstructs the approaches to the place of nomination or otherwise conducts himself in a disorderly manner; and every such person shail be deemed to be a disorderly person within the meaning of the laws in force relating to disorderly persons, and may be dealt with by such justice accordingly. 28. If the returning officer is guilty of any wilful misfeasance or Misfeasance wilful or negligent act of commission or omission contrary to any of of returning the provisions of this Act, he shall be liable to a penalty not exceeding officer. fifty pounds. 29. All reasonable expenses of or incident to any election, incurred Expenses. by the returning officer, shall be repaid to him by the Board out of the Dingo Fund. DUTY, STAMP. See STAMPS. DUTY, SUCCESSION AND PROBATE. See SUCCESSION.