Diseases in Plants Acts and Fruit and Vegetables Act Amendment Act of 1935 (26 Geo v No. 17) (Qld)

I PUBLIC ACTS OF THE PARLIAMENT 0]-' QUEENSLANj) ~ 26° GEORGII V. ACTS SHORTENING ACTS AMENDMENT AS T0 " BURIAL." See CREMATION. ADOPTION OF CHILDREN. See CHII,DREN (2). AGRICULTURE. See DAIRY PRODUCE. See PRIMARY PRODUCE. See STATISTICS. See STOCK. (1) Diseases in Plants and Fruit and Vegetables Act Amendment Act of 1935 .. ., (2) Fertilisers Act of 1935 .. .. (3) Wheat and Wheat Product.s Act of 193fi 260eo. V. No. 17 26 Oeo. V. No. 19 2() Oeo. V. No. 24 An Act to Amend "The Diseases in Plants Acts, 26NGoe.o1. 7. V. 1929 to 1934," in certain particulars, THE and for other purposes. [ASSENTED TO 7TH NOVEMBER, 1935.] DISEASES IN PLANTS ACTS AND FRUIT AND VEGETABLE B E it enacted by the King's Most Excellent Majesty, AME! ~ ENT by and with the advice and consent of the Legis- ACT OF 1935. lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Diseases in Short title Plants Acts and Fruit and Vegetables Act Amendment : : : n~ truction. Act of 1935," and shall so far as amendments to *" The Diseases in Plants Acts, 1929 to 1934," are concerned be read as one with such lastmentioned Acts, herein collectively referred to as the Principal Act. * 20 Geo. V. No. H, 21 Geo. V. No. 22 (Part V.), and 25 Geo. V. No. 3, BUpra, pages 12391, 13064, and 14906. A

15310 AGRICULTURE. Diseases in Plants Acts, Etc., Amendment Act. 26 GEO. V. No. 17, The Principal Act and this Act may collectively be cited as " The Diseases in Plants Acts, 1929 to 1935." Amendments of the Principal Act. Amendment 2. Section four of the Principal Act is amended, as of s. 4. follows :- (i.) In the definition of " Abandoned or neglected orchard or nursery," the second paragraph of such definition, beginning with the words "In the case of bananas" and ending with the words "a disease or a pest," is repealed and the following new paragraph is inserted in lieu thereof:- "In the case of bananas, a banana orchard- (a) In which disease is not being controlled either- (i.) To the satisfaction of an inspector, or (ii.) As is prescribed, or (b) 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 for a 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 control of disease or inadequate care and attention, non-cultivation, or neglect (as the case may be) such banana orchard is liable to harbour or spread a disease or a pest." (ii.) The definition of "Quarantine Area" is amended by the addition thereto of the following words, namely :-" for the purpose of the more effectual control of a disease or a pest." Amendment 3. Section ten of the Principal Act is amended, aB ofa. 10. follows : - (i.) After the word "plant," wherever such word occurs, the word " fruit" is inserted.

AGRICULTURE. 15311 1935. Diseases in Plants Acts, Etc., Amendment Act. (ii.) After paragraph (a) the following words are inserted namely;- " The marking with a broad arrow by an inspector of a tree, plant, fruit, vegetable, box, basket, package, case, or other material so seized and detained as aforesaid shall be sufficient notification to all persons concerned that the inspector has so seized and detained such tree, plant, fruit, vegetable, box, basket, package, case, or other material, as the case may be." 4. Section eleven of the Principal Act is amended, Amendment as follows;- of s. 11. (i.) In subsection one the words ;' shall issue" are repealed and the words" may issue" are inserted in lieu thereof. (ii.) The following proviso is added to subsection one, as follows;- " Provided that when any inspector finds any such tree, plant, fruit, vegetable, box, basket, package, case, or other material as aforesaid in the possession of the Commissioner for Railways or any other carrier the inspector may, in lieu of issuing such order as aforesaid to any of the abovementioned persons, issue such order to the consignee or consignor of such tree, plant, fruit, vegetable, box, basket, package, case, or other material." 5. In subsection two of section fourteen of the Amendment Principal Act the word "cause" is repealed and the of s. 14. word " order" is inserted in lieu thereof. 6. Section fifteen of the Principal Act is amended, Amendment as follows;- of s. 15. (i.) In subsection two the words "determine the nature" are repealed, and the words "set forth the reason for and/or nature" are inserted in lieu thereof. (ii.) The following new subsection is inserted after subsection seven of the said section and numbered 7 A, as follows ;- :;!r::f:: " (7 A.) If the occupier or owner of any land, premises, Inspector or place within a quarantine area fails to comply with e the directions contained in any Order in Council, any directions. inspector with or without assistants may enter upon

15312 AGRICULTURE. Diseases in Plants Acts, Etc., Amendment Act. 26 GEO. V. No. 17, 1935. such 'land, premises, 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 directions ; and the provisions of section thirteen of this Act shall, mutatis mutandis, apply and extend accordingly." Amendment 7. Section twenty-eight of the Principal Act is of B. 28. amended by inserting, after clause two of subsection one, the following new clause numbered 2A : - "(2A.) Requiring the owner and/or occupier- (a) Of any orchard, or (b) Of any premises, shop, store, barrow, cart, vehicle, or other place or thing where fruit is sold or offered or exposed or kept for sale, to destroy, dispose of, or treat diseased or fallen fruit at the place, at the time, and in the manner prescribed, and prohibiting the owner and/or occupier- (a) Of any orchard, or (b) Of any premises, shop, store, barrow, cart, vehicle, or other place or thing where fruit is sold or offered or exposed or kept for .sale, from destroying, disposing of, or treating diseased or fallen fruit except at the place, at the time, and in the manner so prescribed." Amendment of *" The Fruit and Vegetables Act of 1927." Amendment 8. *" The Fruit and Vegetables Act of 1927" is o F f m " i T t h a e nd. amen d e d ,as f 0 11 ows:- ~ : ~ ~ ~ ; 7. " Paragraph (i.) of clause (f) of subsection three of section eight is amended by repealing the words " and the capacity" and inserting in lieu thereof the words " or the capacity." *" The Fruit and Vegetables Act of 1927 " as herein amended may be collectively cited as "The Fruit and Vegetable$ Acts, 1927 to 1935." * 18 Geo. V. No. 3, supra, page 11840.