Diseases in Plants Acts and Another Act Amendment Act of 1937 (1 Geo Vi No. 16) (Qld)

16436 AOTS-AGRICULTURE. Diseases in Plants Acts, Etc., Amendment Act. 1 GEO. VI. No. 16, and at the f.oot of such section, subsection, or paragraph the word "Penalty" appears followed by the words and/or figures indicative of the amount of the penalty, this shall be deemed to mean that any person who offends against the provisions of any such section, subsection, or paragraph shall be liable to a penalty not exceeding the sum so indicated, and, where any minimum sum is so indicated, not less than such minimum sum; and any person so offending shall be so liable." AGRICULTURE. See also GRASSHOPPERS. (1) Diseases in Plants Acts and Another Act Amendment Act of 1937 (2) Drought Relief to Dairy Farmers Validation Act of 1937 (3) Seeds Act of 1937 1 Oeo. VI. No. 16 1 Oeo. VI. No. 25 1 Qeo. VI. No. 23 1 G N e o o . . 1 V 6. I. An Act to Amend" The Diseases in Plants Acts, 1929 THE DISEASES IN to 1935," in certain particulars, and to PLANTS ACTS AND Amend "The Banana Industry Protection ANOTHER ACT AMENDMENT Act of 1929," in certain particulars, and Am m' 1937. for other purposes. [ASSENTED TO 18TH NOVEMBER, 1937.] B E it enacted by the King's Most ]Jxcellent Majesty, by and with the advice and cons'ent of the Legis- lative Assembly of Queensland in Parliament assembled, and by tHe authority of the same, as follows:- PART 1.- PRELIMINARY. PART I.-PRELIMINARY. Short title. 1. This Act may be cited as "The Diseases in Plants Acts and Another Act Amendment Act of 1937." Parts of Act. 2. This Act is divided into Parts, as follows : - PART I.-PRELIMINARY; PART Il.-AMENDMENTS OF *" THE DISEASES IN PLANTS ACTS, 1929 TO 1935"; t" PART IlL-AMENDMENTS OF THE BANANA INDUSTRY PROTECTION ACT OF 1929." * 20 Geo. V. No. II and amending Act?, 8upm, pages 12391 et seq. t 20 Geo. V. No. 12, supra, page 12408.

AGRICULTURE. 16437 PART II.- 1937. Diseases in Plants Acts, Etc., Amendment Act. AMENDMENTS OF "THE DIS'2ASES IN PLANTS ACTS, PART n.-AMENDMENTS OF *" THE DISEASES IN PLANTS 1929 TO 1935." ACTS, 1929 TO 1935." 3. This Part of this Act shall be read as one with Cons~ ruction *" The Diseases in Plants Acts, 1929 to 1935," hereinafter ~ ~ : ~ ~ : ~ ~ in this Part of this Act referred to as the Principal Act. The Principal Act and this Part of this Act may ~ ollective collectively be cited as "The Diseases in Plants Acts, tItle. 1929 to 1937." Amendments of the Principal Act. hereb 4 y . aSmecetniodned tawsefnotlylo- wthsr, etehaotf isthtoe sParyin: c-ipal Act is oAfms. en 23 d . ments (a) The word " Penalty" is inserted as a sidenote to subsection two of the said section. (b) Subsection two of the said section is amended by repealing therein the word " Act" and by inserting in lieu thereof the word " section." (c) The sidenotes to both paragraphs of subsection four of the said section (being, respectively, the word " Penalty" and the words "Recovery of penalties") are repealed, and the words" Recovery of penalties" are inserted as a sidenote to the said subsection four. 5. Section twenty-six of the Principal Act is hereby Afme~ ~ ment. amended by the addition thereto of the following new 0 s. . paragraph, namely :- " Where it is necessary to describe any land, pre- mises, orchard, nursery, plantation, or place for the purposes of any order or certificate authorised to be made or given by this Act, or for the purposes of any . proceeding for an alleged offence against this Act, then, and in every such case, it shall be sufficient to describe such land, premises, orchard, nursery, plantation, or place in terms which reasonably fix the identity thereof." 6. The Principal Act is amended by inserting after New s. 26A. section twenty-six the following new section numbered 26A, namely : - "[26A.] Where, in any proceedings for an alleged ~ roo~ of offence against this Act, it is material to prove-- lIadnedn, tI&tyc.o, f ( . a) Tph I aant t aa t n l · O y l . l, laonrd, p I parceem ' iIsSest, h eor I cah d anr,d, pnreumrsI . esreys, , a& oncedc. , / uotphrate, ? rIOef on,f. * 20 Geo. V. No. 11 and amending Acts, supra, pages 12391 et seq.

16438 AGRICULTURE. PART II.- AM O E F ND "T M H EN E TS Diseases in Plants Acts, Etc., Amendment Act. 1 GEO. VI. No. 16, DISI;!ASES IN PLANTS AOTS, 1929 TO 1935." orchard, nursery, plantation, or place, as the case may be, in respect of which the offence alleged in such proceedings occurred; and/or (b) That any person is the occupier or, as the case may be, the owner of the land, premises, orchard, nursery, plantation, or place in respect of which the offence alleged in such proceedings occurred, then, and in every such case, and until the contrary is proved beyond reasonable doubt- (i.) The land, premises, orchard, nursery, plantation, or place described in the complaint instituting such proceedings and/or in any order or certificate made or given under this Act which is admissible in evidence in such proceedings shall be deemed to be the land, premises, orchard, nursery, plantation, or place, as the case may be, in respect of which the offence alleged in such proceedings occurred; and/or (ii.) The person alleged in the complaint instituting such proceedings and/or in any order or certificate made or given under this Act which is admissible in evidence in such proceedings to be the occupier or, as the case may be, the owner of the land, premises, orchard, nursery, plantation, or place in respect of which the offence alleged in such proceedings occurred, shall be deemed to be PART 111.- AMENDMENTS such occupier or, as the case may be, owner." OF "THE *" BA1>ANA INDUSTRY PART IlL-AMENDMENTS OF THE BANANA INDUSTRY PF.OTEC1'IO , AOT OF 1929." PROTECTION ACT OF 1929." Construction 7. This Part of this Act shall be read as one with ooff tthhiiss APactr. t *" The Banana Industry Protection Act of 1929," herein- after in this Part of this Aet referred to as the Principal Act. Cotlective title. The Principal Act and this Part of this Act may collectively be cited as " The Banana Industry Protection Acts, 1929 to 1937." * 20 Geo. V. No. 12, supra, page 12408.

AGRICULTURE. 16439 1937. Diseases in Plarnts Acts, Etc., Amendment Act. PART III.- AMENDMENTS OF "THE BANANA Amendments of the Principal Act. INDUSTRY • PROTECTION 8. SectIOn two of the Principal Act is hereby AOT OF 1929." amended by the insertion in the last paragraph thereof Amendment after the words *" " The Diseases in Plants Act of 1929," " of s. 2. of the words " or in any Act amending or in substitution for that 1}ct." 9. Section eighteen of the Principal Act is hereby Amendments amended as follows, that is to say :_ of s. 18. (a) The word "Penalty" is inserted as a sidenote to subsection two of the said section. (b) Subsection two of the said section is amended by repealing therein the word " Act" and by inserting in lieu thereof the word" section." (c) The sidenotes to both paragraphs of subsection four of the said section (being, respectively, the word " Penalty" and the words "Recovery of penalties") are repealed, and the words " Recovery of penalties" are inserted as a sidenote to the said subsection four. 10. Section twenty of the Principal Act is hereby Amendment amended by the addition thereto of the following of s. 20. paragraph, namely:- " Where it is necessary to describe any land, pre- mises, orchard, nursery, plantation, or place for the purposes of any order, assessment, or certificate made, issued, or given by or with the authority or direction of the Board under this Act or under t" The Diseases in Plants Acts, 1929 to 1937," or for the purposes of any proceeding for an alleged offence against this Act or t" The Diseases in Plants Acts, 1929 to 1937," instituted by or by the direction of the Board then, and in every such case, it shall be sufficient to describe such land, premises, orchard, nursery, plantation, or place in terms which reasonably fix the identity thereof." 11. The Principal Act is hereby amended by the New s. 20.\. insertion therein after section twenty of the following new section numbered 20A, namely:- " [20A. ] Where, in any proceedings for an alleged ~ roof. of offence against • this Act or t" The Diseases . in . Plants Acts, lIadnedn, tl&tyc. o , f 1929 to 1937," instituted by or by the dIrectIOn of the and/or ?£ Board , it is material to prove- o&ccc. , upthaetiroeno, f. (a) That any land, premises, orchard, nursery, plantation, or place. is the land, premises, * 20 Geo. V. No. ll, supra, pages 12391 et seq. t 20 Geo. V. No. 11 and amending Acts, supra, pages If 391 et seq.

16440 . AGRICULTURE. PART III.- AII O IE F NI , ? . M T E H N E TB Disease8 in Plant8 Act8 ' Etc ., Amendment Act • 1 GEO. VI. No. 16, 1937. BANANAINDUSTRYPROTECTIONACT OF 1929." orchard, nursery, plantation, or place, as the case may be, in respect of which the offence alleged in such proceedings occurred; and/or (b) That any person is the occupier or, as the case may be, the owner of the land, premises~ orchard, nursery, plantation, or place in respect of which the offence alleged in such proceedings occurred, then, and in every such case, and until the contrary is proved beyond reasonable doubt-- (i.) The land, premises, orchard, nursery, plantation, or place described in the complaint instituting such proceedings and/or in any order, assessment, or certificate made, issued~ or given under this Act or under *" The Diseases in Plants Acts, 1929 to 1937," which is admissible in evidence in such proceedings shall be deemed to be the land, premises, orchard, nursery, plantation, or place, as the case may be, in respect of which the offence alleged in such proceedings occurred; and/or (ii.) The person alleged in the complaint instituting such proceedings and/or in any order, assessment, or certificate made, issued, or given under this Act or under *" The Diseases in Plants Acts, 1929 to 1937," which is admissible in evidence in such proceedings to be the occupier or, as the case may be, the owner of the land, premises, orchard, nursery, plantation, or place in respect of which the offence alleged in such proceedings occurred, shall be deemed to be snch occupier or, as the case may be, owner." * 20 Geo. V. No. 11 and a.mending Acts, 8upra, pa.ges 12391 et 8eq. /