Diseases in Plants Act of 1929 (20 Geo v No. 11) (Qld)

I. PUBLIC ACTS OF THE PARLIAMENT OF Q1J}-:JENSLANI). 20° GEORGII V. AGRICULTURE. Diseases in Plants Act of 1929 Banana Industry Protection Act of 1929 Soil Surrey Act of 192H 20 CJeo. V. No. 11 20 CJeo. V. No. 12 20 Geo. V. No. 2H An Act to Consolidate and Amend the Law relating 20 Goo. V. to Diseases in Plants, and for other purposes. No T . H 1 E 1. [ ASSENTED TO 27TH NOVEMBER 1929.J DISEASES , IN PLANTS B E it enacted by the King's Most Excellent Majesty, ACT OF 1929. 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:- ]. This Act mav be cited as "The Diseases in Short title. Plants Act of 1929." " 2. This Act shall come into operation on a day to To come be proclaimed by the Governor in Council by Pro- into . clamation published in the Gazette, wh.ich date shall be ~~ e;: ~ ~~ _ referred to as the commencement of thIS Act. mation. 3. *" The Diseases in Plants Acts, 1916 to 1924," Hepeal of are repealed. The said Acts are herein referred to as D" ~ he . ~ 8ea8e8 ~ n the repealed Acts : Plant8 Act8, Provided that without limiting the operation of i~ ~~} ? t" The Acts Shortening Acts"- (a) All Proclamations and notifications made and published, all appointments made, all regula- tions and forms made and promulgated, any authority, direction, notice, or order made or given under the repealed Acts, and all * 7 G80. v. No. 8, 15 Geo. v. No. 5, supra, pages 7397 and 1089l. t 31 Vie. No. 6 and 3 Edw. VII. No. 10, supm, pages 15 and 21. A

12392 AGRICULTURE. D'iseases in Plants .•tct. 20 GEO. V. No. 1], things done or purporting to be done under the said repealed Acts, and generally all acts of. authority originated under the said repealed Acts and in force or subsisting at the commencement of this Act, shall continue in full force and effect and shall so far as is consistent with this Act be deemed to have been made, published, promulgated, made, given, done, and originated under and for the purposes of this Act; (b) All matters and proceedings commenced under the said repealed Acts and pending or in progress at the commencement of this Act may be continued, completed, and enforced under this Act. Interpet,a. tion. 4 .. In this Act, unless the context or subject-matter otherwise indicates or requires, the following terms have the meanings respectively assigned to them, that is to say:- Abandoned or neglected orchard or nursery. "Abandoned or neglected orchard or nursery"- An orchard or nursery which is not receiving adequate care and attention, and which in the opinion of an inspector has been uncultivated or neglected during a period of not less than six months prior to the inspection by the inspector thereof, and where by reason of such inadequate care and attention, non-cultivation, or neglect, such orchard or nursery is liable to harbour and spread disease or pests: In the case of bananas, a banana orchard which is not receiving adequate care and attention and which in the opinion of an inspector has been uncultivated or neglected during a period of not less than six months prior to the inspection by the inspector thereof, and/or where weed growth fora distance of one yard from each plant during such period of six months has not been entirely suppressed, and where by reason of such inadequate care and attention, non- cultivation, or neglect, such banana orchard is liable to harbour or spread a disease or a pest;

AGRICUL'l'URE. 12393 1929. Diseases in Plants ,Act. " Disease"-'-Any disease affecting trees, plants, Dili8ase. fruit, or vegetables caused by or consisting of the presence of any insect or fungus; and any other disease affecting trees, plants, fruit, or vegetables which 'the Governor in Council from time to time, by Proclamation, declares to be a disease. within the meaning of this Act, and whether or not caused by or consisting of the presence of any insect or fungus. Without limiting the generality of , the above definition,the term may include the presence of suspicious symptoms which, although not ascertainable as a certain specific disease, in the opinion of the Minister should be deemed a disease for the purposes of this Act; " Diseased"-Affected with disease or liable, by Diseased. reason of having been in contact, to be affected with disease; " Fruit "-The edible product of any plant, Fruit. whether such fruit is or is not attached to the plant: the term includes the peel, skin, or shell of such product and also the seeds of such plants; " Fruit district"-A fruit district proclaimed under Fruit this Act; district. "Fungus"-Any fungus, virus, or vegetable Fungus. parasite which the Governor in Council from time to time, by Proclamation, declares to be a fungus within the meaning of this Act, in whatever stage of existence such fungus, virus, or vegetable parasite may be; "Insect"-Any insect which the Governor in Insect. Council from time to time, by Proclamation, declares to be an insect within the meaning of this Act, in whatever stage of existence such insect may be: for the purpose of this Act the term "insect" also includes "mites" and" nematodes" ; " Inspector"-Any inspector appointed under this Inspector. Act or person performing the duties of an ' inspector: the term includes the Director . , ~ f Fruit Culture;

12394 Minister. Nursery. Occupier. Orchard. Owner. Person. Pest. Plant. Plantation. Prescribed. 'Quarantine ,area. Regulations. This Act. AGRfCGLTUHE. Diseases ,in Plants Act. 20 Gm. V. No. 11, "Minister"-The Secretary for Agriculture or other Minister of the Crown for the time being charged with the administration of this Act; " Nursery"-Any place where plants or fruit trees are grown for sale; "Occupier"-The person in actual residential occupation of any land; "Orchard"-Any place within a fruit district where one or more fruit-producing plants are grown: the term where necessary for the purposes of this Act or as may be prescribpd also includes a plantation; "Owner"-The person other than His Majesty who is for the time being entitled to receive the rent of any land, or who if the same were let to a tenant at a rack rent would be entitled to receive such rack rent: the term also includes the holder of any lease or license or permission from the Crown, or any person deriving title thereunder; "Person" includes any partnership or firm and any body of persons corporate or unincor- porate; " Pest"-Any plant, insect, or fungus which the Governor in Council from time to time, by Proclamation, declares to be a pest; " Plant"-Any tree or plant, and includes cuttings and slips of trees and plants and all live parts of trees or plants; "Plantation" -Any sugar plantation or land where any grain or cereal or other product of the soil is grown, and whether in a fruit district or part of a fruit district or outside a fruit district; "Prescribed"-Prescribed by this Act; H Quarantine area"-Any land declared by the Governor in Council by Proclamation pub-- lished in the Gazette to be a quarantine area; "Regulations"-Regulations made under this Act; ." This Act"-This Act and all Proclamations, Orders in Council, and regulations made or purporting to be made thereunder;

AGRICULTURE. 12395 1929. Diseases in Plants .Act. " Tree," "Plant," and" Vegetable" respectively Tree, Plant, include the fruit or other product of any ~~ ~etable. tree, plant, or vegetable, and every part of any tree, plant, or vegeta ble~ and of the fruit or product thereof. 5. The Governor in Council may from time to time Powers in by Proclamation declare- aid of Act. (i.) That the introduction into Queensland from Introduction another State in the Commonwealth, or into of plants. any portion of Queensland specified in such Proclamation, of any or every tree, plant, or vegetable which is, in his opinion, likely to introduce any insect, fungus, or disease, shall be either absolutely prohibited or permitted only as prescribed; (ii.) That the removal of any or every tree, plant, Removal of or "\Tegetable from or out of any nursery, plants. orchard, or other place, or from or out of one portion of any nursery or orchard or place to any other portion of the same nursery or orchard or place, shall be either absolutely prohibited or permitted only as prescribed; (iii.) Any district the boundaries of which are Fruit defined in such Proclamation to be a fruit districts. district for the purposes of this Act; (iv.) Any disease affecting trees, plants, fruit, or Diseastl, &a. vegetables to be a disease, or any fungus to be a fungus, or any insect to be an insect, respectively, within the meaning of this Act; (v.) Any plant, insect, or fungus to be a pest in Posts. any fruit district, and that such pest shall be dealt with as prescribed. 6. The Governor in Council may from time to time Appointment appoint such qualified persons as may be deemed neces- of inspectors. sary to be inspectors under this Act, and may from time to time suspend, dismiss, or remove any such inspectors. The Governor in Council may provide for the remuneration of any such inspectors out of any moneys appropriated by Parliament for that purpose.

12396 AGRICULTURE. Diseases in Plants Act. 20 GEO. Y. No.n, The production of a copy of the Gazette containing ahy notice of the appointment of any person to the office of an inspector shall be sufficient evidence of such appointment. Registration of orchards. 7. (1.) The Governor in Council may from time to time by Order in Council require that every occupier or owner of any prescribed orchard established or used for the purpose of obtaining a monetary return therefrom shall, on or before such date as prescribed, register his orchard: Provided that the proof that the orchard has not been established or used for the purpose of obtaining a monetary return shall be upon the occupier or owner thereof. Registration of nurseries. (2.) Every occupier or owner of a nursery shall, on or before the thirty-first day of January in every year or 8uch date as may be prescribed, register his nursery by furnishing a return as prescribed, and shall pay such fee for registration as may be prescribed. Failure to register. (3.) Failure to comply with this section shall render the occupier or owner liable to a penalty of not less than one pound nor more than five pounds for a first offence, and not less than two pounds nor more than ten pounds for any subsequent offence. Introduction 8. (1.) No person shall introduce or cause to be oofr rpelmanotvsa, l I . n t 1'0 d uce d ' In t 0 Q ueens 1 an d any I . nsec t , f ungus, t ree, &0., contrary plant, or vegetable contrary to this Act. to Act. (2.) No person shall remove or cause to be removed from or out of any nursery, orchard, or other place or from or out of one portion of any nursery or orchard or place to any other portion of the same nursery or orchard or place any tree, plant, or vegetable contrary to this Act. (3.) No person shall import, introduce, bring, transfer, cause, or knowingly permit to be imported, introduced, or brought into Queensland any insect or fungus except for scientific purposes only and with the consent of the Minister. Insects, fungi, packages, &c., may be seized. 9.- (a) Every insect and every fungus and every tree, plant, and vegetable introduced into Queensland, or removed from or out of any

AGRICUL1'URE. 12397 1[129. Diseases in Plants .Act. nursery, orchard, or other place or from or out of one portion of any nursery or orchard or place to any other portion of the same nursery or orchard or place, contrary to this Act; and (b) Every diseased tree, plant, or vegetable introduced into Queensland or removed from one part of Queensland to another part thereof; and (c) Every box, basket, package, or case harbouring, infested by, or containing any such insect, fungus, treE', plant, or vegetable, as in paragraph (a) or (b) hereof mentioned; may forthwith be seized by or on the order of the Minister or any inspector, and shall be dealt with, whether by the destruction thereof or otherwise, as the Minister or such inspector may direct. 10. Any inspector may- ~ owers of Inspectors. (a) Seize and detain any tree, plant, and vegetable suspected to be diseased, which is being introduced into Queensland or removed from one part of Queensland to another rart thereof, or from one portion of any nursery or orchard or place to any other portion of the same nursery or orchard or place, and every box, basket, package, case, or any other material which is suspected to contain any diseased tree, plant, or vegetable, or to harbour or to be infested by any insect or fungus, and remove and examine the same; and further may take away specimens in respect of such tree, plant, or vegetable for scientif;ic examination or as may be otherwise directed by the Minister; (b) Without notice, and with or without such assistants as he may think fit,' enter at all reasonable times upon any land, premises, or place, and any building, structure, vehicle, or any other thing, and there search for and examine any tree, plant, vegetable, insect, fungus, or pest, and at any place whatsoever examine and inspect any box, basket, package, case, or any other material that harbours or is likely to harbour any insect, fungus, or

12398 AGRICULTURE. Diseases in Plants Act. 20 GEO. V. No. 11, pest, and may remain on such land, premises, or place so long as may be reasonably necessary for such purpose; and further may take away specimens in respect of any tree, plant, vegetable, or otherwise for scientific examination or as may be otherwise directed by the Minister. Occupier or 11. (1.) When any inspector finds upon any land, bowe noerdr emready premises, or place, any tree, plant, fruit, or vegetable to eradicate which is in his opinion diseased, or any insect or fungus disease. harbouring in any building, structure, vehicle, or any other thing, or any box, basket, package, case, or any other material, or existing in any part of such land, premises, or place, he shall issue an order to the occupier, or, if there is no occupier, then the owner of such land, premises, or place, or to the owner or person apparently in charge of any such vehicle, box, basket, package, case, or other material or thing, directing him either forthwith or within a time to be fixed by the order to destroy all such diseased trees, plants, fruit, and vege- tables, and all such insects and fungi, and also (if in his opinion it is necessary) all such boxes, baskets, packages, cases, containers, and other material, and to take all such further or other measures for the. eradication of disease as are in his opinion necessary or as are prescribed. (2.) When any inspector finds upon any land, premises, or place any fruit of any kind, any of which contains or has at any time contained fruit fly or codlin moth, he shall issue an order to the occupier, or, if there is no occupier, then to the owner of such land, premises, or place immediately to gather and destroy all such fruit. (3.) When in the opinion of any inspector the occupier or owner of any land, premises, or place upon which is fallen fruit of any kind, any of which contains or has at any time contained fruit fly or codlin moth, has failed (whether an inspector has or has not issued any order in that behalf) to gather and destroy such fruit for a period of twenty-four hours after such fruit has fallen, such failure to gather and destroy the fruit shall constitute an offence. (4.) Any inspector, with or without assistants, may at any time enter upon such land, premises, or place and

AGRICULTURE. 12399 1929. Diseases in Plants .Act. ~ - ~ --- --~ -- - -- - -- - -- - -- - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - gather and destroy such fruit, and the cost of such gathering and destruction shall be recoverable as pro- vided by section thirteen of this Act with respect to the recovery of costs, charges, and expenses. (5.) When in the opinion of the inspector it is necessary for the prevention of the spread of any virulent disease that any trees, plants, or vegetables which are not affected thereby should be destroyed, he shall report the fact to the Minister, who may thereupon issue an order to the occupier, or, if there is no occupier, to the owner of the land, premises, or place whereon such trees, plants, or vegetables are, directing him to destroy such trees, plants, or vegetables within a time after the service of such order to be therein stated, and in such manner as is thereby directed or as is prescribed, and also to take such further or other measures for the prevention of disease as are in his opinion necesEiary or as are prescribed. 12. If any owner or occupier or person apparently ~ hell in charge of any land, premises, or place fails to comply :spe~~s with the direction contained in any order of an inspector m:rsure: to or the Minister served upon him, any inspector, with ore:orce without assistants, may enter upon such land, premises,o er. or place in question at any time, and do all such things and take all such measures as may be necessary for the enforcement of such order. 13. The amount of any costs, charges, and expenses, Recovery of together with interest at the prescribed rate, incurred ~ ~ ~~ ges, and by any inspector in or about taking such measures expenses. as prescribed shall, in addition to or in lieu of any proceedings for the recovery of a penalty, be recoverable from the occupier, or, if there is no occupier, then from the owner of the land, by complaint in a summary way or by action in any court of competent jurisdiction. Moreover such amount as aforesaid, until paid, shall be and remain a first charge upon the land and payable by the owner thereof for the time being: Provided that an unsatisfied judgment or order for the recovery of any such costs, charges, or expenses shall not be a bar to the recovery thereof from any other person liable to the payment thereof.

12400 AGRICU1~ TURE. Diseases in Plants .Act. 20 GEO. V. No. 11, - ~ ~ - - - ~- - - ~~ ~ -------- ALandoned 14. (1.) If an inspector reports to the Minister that nourcrshearridess. and any orchard or nursery I . S an abandoned orchard or nursery as defined by this Act, the Minister may give notice to the occupier or, if there is no occupier, then to the owner of the land, that he has decided to exercise the powers conferred upon him by this section. Any person aggrieved by a decision of the Minister under this subsection may appeal therefrom to a court of petty sessions constituted by a police magistrate in the manner prescribed, whose decision shall be final and conclusive and without appeal. (2.) If within a period to be prescribed an appeal has not been lodged by such occupier or owner, or his appeal has proved unsuccessful, the Minister may cause all plants in the orchard or nursery which in the opinion of an inspector are likely to harbour or spread any disease or pest, to be 'destroyed. (3.) Failure on the part of the occupier or owner, as the case may be, to comply with any such order shaH constitute an offence under this Act, and moreover the provisions of sections twelve and thirteen of this Act shall, mutati8 mutandi8, apply and extend accordingly. Quarantine 15. (1.) Without in any way limiting the operation ar('as. and scope of section five of this Act, the Governor in Council may from time to time, by Proclamation, declare any area, whether situated wholly in a fruit district or partly in a fruit district and partly outside a fruit district, or wholly outside a fruit district, to be a quarantine area for the purposes of this Act, and may define the boundaries of such quarantine area in such Proclamation: Provided that the Governor in Council may, by Proclamation, suspend for any period or extend for any period or may cancel any existing Proclamation so declaring a quarantine area. Minister (2.) In any quarantine ~ rea so proclaimed, such : ~ ~ r~ e~ ~ are Proclamation may determine the nature of the quarantine. quarantine to be imposed in such area, or the Minister may declare the nature of the quarantine that shall be so imposed in such area, or in respect of the undertaking mentioned in the next following subsection, and any inspector is hereby authorised and empowered to give such orders and to take such action as may be deemed necessary for the purposes of such quarantine accordingly.

AGRICULTURE. ------ ----- 1929. Diseases in Plants Act. 12401 cl ee I a ( ~ n . ) uTglhaendMtoinibsetear qmuaayr,an if t . mhee atrheian, kasccfeitp, t iannsteunadder o -c f~ a n ! : le : s : ; : : ; ~ ing taking in the prescribed form given by the occupier or owner of the land to comply with the requirements mentioned therein. Upon such undertaking being given, the land mentioned therein shall for the period therein specified be deemed to be a quarantine area, and the person giving the undertaking shall comply with all the terms and conditions thereof. In any such quarantine area, the quarantine may be general or in respect of a particular disease or pest. Any such quarantine may be determined or declared in respect of a particular disease or pest, notwithstanding that the area is already declared a quarantine area for some other disease or pest. (4.) Any quarantine area may be so proclaimed Quarantin6' notwithstanding that in such area there is an absence of :~ ~:n:ze~~ any disease or pest. pdiesseta. se or (5.) The duties -and obligations and any course ofDu~ ies. and act I·On t 0 be t aken by the OCCup.ier, or 1 'f there I.S no oohf hogcactulOpmierl occupier, by the owner of the land, in any such quarantine or owner. area shall be as is prescribed or as may be directed by the Minister. (6.) The Governor in Council on the recommendation Specified of the Minister may, by Order in Council published in part of area. the Gazette, apply to any specified part of a quarantine area any special provisions, conditions, and stipulations (of a more drastic nature) and any further duties and obligations to be obeyed and to be given effect to by any occupier, or if there is no occupier, by any owner of land in any such specified part of a quarantine area as prescribed in the Order in Council. Such special provisions, conditions, and stipulations, and any further duties and obligations may be in addition to any other duties and obligations and course of action as aforesaid prescribed in the quarantine area in which the specified part as aforesaid is embraced. (7.) The Governor in Council, on the recommenda- Power to t I'On 0 f the Mm' l'Ster, may by a ll' ke 0 rder I.n CounCl 'I dpelacnlatrseshtohualtd direct that all plants of a particular class and the fruit be treated thereof Wl' thm' a quarant'me area or Wl' th I ' D some spec ifi ed ' for disease, part thereof as aforesaid shall be tre~ ted for the disease

12402 AGRICULl'URE. Diseases in Plants ~4. ct. --------------------- ---------- 20 GEl). V. No.l1, or pest in respect of which the quarantine is imposed, whether the plants or fruit are diseased or infested or not. When (8.) It is hereby declared that the removal, planting, rpelmanotvinagl oarn or transplanting of any plant or plants of any variety offence. which may be specified by any Proclamation, declaration, or Order in Council as aforesaid within a quarantine area shall be prohibited, unless permission for such removal, planting, or transplanting is granted by the Minister or by an inspector, either generally or in any particular case, and in accordance with any directions imposed by the Minister or inspector therein. Any person offending against the provisions of this section shall be guilty of an offence against this Act. Notice to be 16. The occupier of any land or premises in which agpivpeenaroafnce any disease or pest appears shall, within twenty-four of disease. hours or such other further time as may be prescribed after first discovering or becoming aware of its appear- ance, give written notice thereof to an inspector or to the Under Secretary, Department of Agriculture and Stock. This section applies only in respect of the diseases and pests to which it is made applicable by the Governor in .Council by Proclamation published in the Gazette. Power to require owner or occupier of land to destroy or prevent spread of disease or pest. 17. When an inspector finds upon any land any pest or disease he shall forthwith serve on the occupier or, in case there is no occupier, the owner of land a notice requiring him to take such measures or do such acts as are specified in such notice, or are prescribed, t,o destroy or prevent the spread of any disease or pest. Steps to be 18. Whenever disease or pest exists on any land or ltaankdeniswhen premises, an inspector may forthwith serve on the infected. occupier or, if there is no occupier, the owner, a notice requiring him to quarantine the land and premises and the plants thereon for a period not exceeding twenty-one days, and to take such measures or do such acts as are specified in such notice or are prescribed. Such notice may name a time at which the doing of anything thereby required shall be commenced, and a time within which it shall be completed.

1929. AGRICUL'L'UHE. Diseases in Plants Act. 12403 19. In case of default by the occupier or owner Application c<;mcerned in c.ompliance with the terms of any notice ~ ~ . SS. 12 and given by an Inspector under sections seventeen and eighteen, the provisions of sections twelve and thirteen shall apply and extend accordingly. 20. The production of any order, direction, or Proof of notification purporting to be signed by the Minister or orrler. Under Secretary or by the Director of Fruit Culture or by any inspector or other officer authorised by the Minister, or of any certified copy thereof, shall in the absence of proof to the contrary be sufficient evidence of the due making of such order, direction, or notifica- tion, and that it was duly signed by the person by whom it purported to be signed. The production of a certificate purporting to be signed by any inspector or of any certified copy thereof that any costs, charges, or expenses of an amount stated have been incurred by such inspector upon any land, premises, or places under or for the purposes of this Act shall be prima facie evidence that costs, charges, or expenses were duly incurred and that the amount thereof 80 stated is the correct amount. 21. (1.) No inspector, and no person acting under !mmunity of the direction or order of an inspector, or the Minister, ~ ~ l~ t~ : S. shall be deemed to be a trespasser by reason of any entry or destruction under this Act, or be liable for any damages occasioned by carrying out of this Act, unless the same were occasioned maliciously and without reasonable or probable cause. No person shall be entitled to receive any compen- sation whatsoever in consequence of any measures lawfully taken for the eradication of any disease, or the destruction of any insect or fungus or any prohibited or diseased tree, plant, or vegetable, or in respect of any loss or injury that may result to him therefrom, either directly or indirectly. (2.) Provided that in any case where any tree, ~ oml?ensa­ plant, or vegetable not diseased is destroyed by or under ~ : ~ : i~ cases. the direction of the Minister for the purpose of preventing the spread of any virulent disease, the owner of the tree, plant, or vegetable so destroyed shall be entitled to such ,.compensation therefor as the owner and the Director

12404 AGRICULTURE. Diseases in Plants .Act. 20 GEO. V. No. H, of Fruit Culture may mutually agree upon; and failing their so agreeing the matter shall be submitted to an arbitrator to be chosen by the owner and the Director, as the case may be, or, if they cannot agree on an arbitrator, to be chooen bv the Minister; and the decision of the arbitrator shall be final. Such compensation shall be deemed to be an expense under this Act. The prOVIsions of this subsection do not apply .to any tree, plant, or vegetable which has been destroyed in the course of dealing with any land under section fourteen of this Act. Limitation of actions: 22. No action shall be brought against any person acting in the execution of this Act for anything done thereunder unless the same is commenced within four months after the act complained of has been committed. Offences. 23. (1.) Every person shall be guilty of an offence against this Act who- (a) In any manner obstructs or impedes any person in the execution of any of the powers conferred by this Act; or (b) Disobeys or neglects to comply with this Act or any order, notification, or direction given in pursuance thereof. ( 2. 1~ If any person is guilty of an offence against this Act he shall be liable to a penalty not exceeding five pounds for the first offence and not exceeding twenty pounds nor less than five pounds for any second or subsequent offence. General penalty. (3.) Any person who is guilty of an offence or of a contravention of this Act for which no specific penalty is in this Act provided shall be liable to a penalty not exceeding twenty pounds. Penalty. (4.) All penalties incurred for any offence against this Act may be recovered in a summary way under *" The Justices Acts, 1886 to 1924," on the complaint of any inspector or other person authorised by the Minister. Recovery of In every case where a conviction is obtained the p.malties. Court may adjudge the defendant to pay to the prosecutor all proper expenses of the prosecution. * 50 Vic. No. 17 and amending Acts, supra, pages 1132 and Il030.

AGRICUL'l'URK 12405, 1929. Diseases in Plants Act. 24. (1.) Any notice, order, process, or other Ser~ice of document under this Act required or authorised to be notIoe, &c. given or served to or upon any person may be served- (i.) By delivering the same to such person; or (ii.) By leaving the same at his usual or last known place of abode; or (iii.) By forwarding the same by post in a prepaid letter addressed to such person at his usual or last known place of abode. (2.) Any such document required to be given to or served on the owner or occupier of any land may, if the name of the owner or occupier is not known, be addressed to him by the description of the "owner" or " occupier" of the land in question (naming it), without' further name or description. (3.) Any such document, if addressed to the owner or occupier of land, may be served by delivering the same ora true copy thereof to some person on the hmd, or, if there is no person on the land who can be so served, by fixing the same on some conspicuous part of the land. (4.) The Court may, if satisfied that there is no Court may occupier of such land and that the owner thereof is ~ ~ ~ ~ e~ ed ex absent from Queensland or is unknown, proceed to hear and adjudicate upon any complaint in respect thereof ex parte, and in such case the expenses of any such proceedings ordered to be paid by the defendant shall, until paid, be and remain a charge on such land and payable by the owner thereof for the time being. 25. All expenses incurred in the administration of Expenses of this Act shall be paid out of moneys to be appropriated Act. by Parliament for that purpose. 26. In any proceedings for an alleged offence Evidence. against this Act it shall not be necessary to prove the appointment of any inspector or other authorised officer, or the authority of any inspector or other authorised officer, to do any act or to give any direction or issue or serve any notice or to take any proceeding. 27. In addition to and without in any way limiting Order in the powers of the Governor in Council under this Act, CouncIl. the Governor in Council is hereby empowered from time to time by Order in Council to issue such orders and give such directions and prescribe such matters and

12406 AGRICUL'l'URE. Diseases in Plants Act. 20 GEO. V. No.l1, Regulll' .tions. things, whether in addition to or amendment of this Act, as will be calculated to give full effect to the objects and purposes of this Act. 28. (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 expedient to carry out the objects and purposes of this Act, and, where there may be in this Act no provision or no sufficient provision in respect of any matter or thing adequate, necessary, or expedient; to give effect to this Act, providing for and supplying .such omission or insufficiency. \Vithout limiting the generality of the foregoing provisions, such regulations may provide for all or any of the following matters;- (1) Securing the detention and examination of trees, plants, and vegetables which are sus- pected to be diseased, and of boxes, baskets, packages, containers, and cases which are suspected to contain diseased trees, plants, or vegetables or to harbour or to be infested by insects or fungi; (2) Securing the. effectual treatment of diseased trees, plants, and vegetables and the effectual destruction of insects and fungi and pests and for the more effectual administration of this Act defining the term "contact" included in the definition" diseased" ; (3) Securing the disinfecting of boxes, baskets, packages, and cases used for shipping or forwarding fruit to any destination previous to the same being returned to any orchard. store-room, sales-room, or other place; (4) Prescribing quarantine and the nature thereof and all matters and things regarding quaran- tine and the administration thereof, including the matter of appointment of places of entry and quarantine, and generally any matter or thing necessary, expedient, or convenient to give full effect to quarantine; (5) Securing the registration and efficient inspec- tion of orchards and nurseries, prescribing

_. >*'. AGlUCULTURE. 12407 1D2:J. Diseases ill Plants Act. the forms in respect of such registration, and, if necessary, prescribing fees for such registra- tion of such orchards as may be prescribed, and nurseries, and the allocation and crediting of such fees; (6) Defining the qualifications and duties of inspectors under this Act; ~ '1" I /) All matters or things required or permitted by this Act to be prescribed; (8) The issue, renewal, or refusal of any permit as may be prescribed; the form of any permit or other forms under this Act and any fee therefor as may be prescribed; (9) Prescribing returns of statistics and data (whether in respect of fruit trees or otherwise as may be prescribed) to be furnished to the Minister or any officer, and the contents thereof, by any person (whether the occupier or owner of an orchard or nursery or not), and the time and mode of making and furnishing the same; (10) Imposing penalties not exceeding in any case twenty pounds for any breach of the regulations; and conferring power, authority, and jurisdiction to take proceedings under this Act, either against the occupier or owner, under such circumstances as may be prescribed; . (11) Generally for carrying this Act into effect. (2.) Regulations may be made on the passing ofMaybe~ nada this Act • o o f n Apcate. s m g 29. All Proclamations, Orders in Council, and regu- Proclama- lations made or purporting to have been made under ~ io~ s, Or~ers this Act shall be published in the Gazette, and thereupon ~ ~ d ounCI, shall be of the same effect as if they were enacted in this regulations Act, and shall be judicially noticed, and shall not be ~ ~ : ~ [ s~ 4. ~ ~ ~ t questioned in any proceedings whatsoever. Any such Proclamation or Order in Council may be rescinded or amended, whether by addition or otherwise, by a subsequent Proclamation or Order in Council under this Act. B

12408 AGRICULTURE. Banana industry pJ'otection Act. 20 GEO. V. No. 12, --- ~ -~~--~------ ---- - The production of a copy of the Gazette purporting to contain any such Proclamation or Order in Council or regulation shall be conclusive evidence of the matters contained therein and of the power and authority to make such Proclamation, Order in Council, or regulation. All Proclamations, Orders in Council, and regulations shall be laid before the Legislative Assembly within fourteen days after such publication, if Parliament is in session, and if not, then within fourteen days after the commencement of the next session. If Parliament passes a resolution disallowing any such Proclamation, Order in Council, or regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such Proclama- tion, Order in Council, or regulation has been laid before it, such Proclamation, Order in Council, or regula- tion shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. For the purpose of this section, the term "sitting days" shall mean days on which the House actually sits for the despatch of business. 20 Geo. V. An Act to Make Better Provision for the Protection TH: ~ : : ~ NA of the Banana Industry of Queensland, and INDUS'l'RY PROTECTION for other purposes. ACT OF 1929. [ASSENTED TO 27TH NOVEMBER, 1929.J 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:- Short title 1. This Act may be cited as "The Banana Industry a m n e d ncceomme-nt Protection Act of 1929," and shall come into operation of Act. on a day to be proclaimed by the Governor in Council by Proclamation published in the Gazette. This Act where necessary shall be read and construed with *" The Diseases in Plants Acfof 1929." * 20 Gco. V. No. 11 (this volume).