Diseases in Stock Acts Amendment Act of 1946 (11 Geo Vi No. 10) (Qld)

294 STOCK. Diseases in Btock Acts Amendment Act. 11 GEO. VI. No. 10, STOCK. 11 N G o E . O 1 . 0 V . I. An Act to Amend" The Diseases in Stock Acts, 1915 THE DISEASES lit to 1944," in certain particulars. STOOK AOTS AMENDMENT AOT OF 1946. [ASSENTED TO 20TH DECEMBER, 1946.] 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 Diseases in ~ ; : struction. Stock Acts Amendment Act of 1946," and shall be read as one with *" The Diseases in Stock Acts, 1915 to 1944," herein referred to as the Principal Act. Collective The Principal Act and this Act may be collectively title. cited as " The Diseases in Stock Acts, 1915 to 1946." Amendment 2. Section three of the Principal Act is amended of R. 3. as follows:- (a) In the definition "Introduced stock" the words "or territory" are inserted after the word"! "another State." (b) In the definition " Stock" the words " and such other animals as" are repealed and the words "and any other animals and birds whatsoever which" are inserted in lieu of such repealed words. Amendment 3. Subsection one of section 7 A of the Principal oh. 7A (1). Act is amended by repealing the word " Surgeon" and by inserting the word " Officer " in lieu of such repealed word. Amendment 4. Section nine of the Principal Act is amended of s. 9. as follows :_ (a) In subsection one thereof the words "or territory of the Commonwealth" are insertedafter the word "State" where such lastmentioned word twice appears. (b) In subsection two thereof the words" or territory of the Commonwealth" are inserted after the words "adjoining State" where such lastmentioned words twice appear. (c) In subsection three thereof the words "or territory of the Commonwealth" are inserted after the words" adjoining State." * 6 G. 5 No. 16 and amending Acts.

STOCK. 295 1946. Diseases in Stock Acts Amendment Act. I 5. Section eleven of the Principal Act is amended by Amendment inserting the words "or territory of the Common_ of s. 11. wealth" after the word" State." 6. Paragraph (i.) of section twelve of the Principal Amendment Act is amended by inserting the words "or territory" of s. 12. after the word" State." 7. The following section is inserted after section ~ew s. 12A twelve of the Principal Act, namely;- Illserted. " [12A.] (1.) The Minister may, by notification Protected published in the Gazette, declare any area therein described areas. to be a protected area as regards any disease specified in such notice, and may by the same or a like notification prohibit either absolutely or except subject to such conditions as may be specified in such notification the introduction into the area of any stock or class of stock, or any carcass, fodder, fitting, or animal product. (2.) The Minister may, by the same or a like notification, require any specified class or classes of stock within a protected area to be subjected to the test specified in such notice for the disease in respect of which the area has been deolared to be protected. (3.) The Minister may, by a like notification, modify or revoke any notification made under this "notion. (4.) Any person- (i.) Who introduces into any protected area any stock, carcass, fodder, fitting, or animal product the entry of which into such area is prohibited; or \ii.) Who contravenes or fails to comply with any condition relating to the introduction into any protected area of any stock, carcass, fodder, fitting, or animal product; or (iii.) Who obstructs or prevents the testing as required by the Minister of any stock within a protected area for the disease in respect of which the area has been declared to be protected, shall be liable to a penalty not exceeding one hundred pounds."

296 STOCK. Diseases in Stock Acts Amendment Act. 11 GEO. VI. No. 10, Amendmevt 8. Section thirteen of the Principal Act is amended of s. 13. by adding to the second paragraph thereof the words "or by an officer of his Department to whom the Minister has by writing delegated such power either generally or in respect of the area in question (which delegation is hereby authorised)." The third paragraph of the said section is amended by inserting after the word "Minister" the words " or by an officer of his Department to whom the Minister has by writing delegated such power either generally or in respect of the area in question (which delegation is hereby authorised)." Amendment 9. Section fourteen of the Principal Act is amended ofs.14. by adding the following paragraph thereto, namely :-- " The Minister may, in relation to all or any matters or class of matters referred to in this section, by notice published in the Gazette, delegate his powers under this section (other than this power of delegation) to any officer or officers of his Department, so that such powers may, subject to the delegation, be exercised by each and every officer so delegated." Amendment 10. Section fifteen of the Principal AI ~ t is amended of s. 15. by inserting after the word "Minister" the words "or his delegate" and by repealing in paragraph (a) of the proviso thereto the word "surgeon" and by inserting the word "officer" in lieu of such repealed word. Amendment 11. Section seventeen of the Principal Act is of s. 17. amended as follows : - (a) The words "two months" are repealed and the words "thirty days" are inserted in lieu of such repealed words. (b) The following paragraphs are added thereto, namely:- " Proof that any cattle have reacted to a tuberculin test (being a tuberculin test prescribed by the regulations) shall be prima facie evidence that such cattle are suffering from or affected with tuberculosis. Any covenant, agreement, or condition expressed or implied in an agreement to sell cattle or in any other document or writing relating to the sale of cattle or made verbally in respect of the sale of cattle (whether such agreement, or other document or writing, or verbal

STOCK. 1946. Diseases in Stock Acts AmendAnent Act. covenant, agreement, or condition was made or executed before, on, or after the passing of *" The Diseases in StockActsAmendmentActof t1945 ") whereby it is agreed between the vendor and purchaser that the condition expressed by this section shall not be legally binding as against such vendor shall be absolutely void and of no legal effect whatsoever." 12. Section twenty-five of the Principal Act is Amendment amended as follows :_ of s. 25. (a) In paragraph (i.) of subsection one thereof the words" and/or test for disease" are inserted after the word" inspect." (b) In paragraph (ii.) of subsection one thereof the word " them " is repealed and the words " and/or testing for disease such stock" are inserted in lieu thereof. (c) In paragraph (iii.) of subsection one thereof the words" and/or test for disease" are inserted after the word "Examine." (d) In the first paragraph of subsection two thereof the words "or an officer of his Department to whom the Minister has by writing delegated such power either generally or in respect of the stock or carcasses in question (which delegation is hereby authorised)" are inserted after the word" Minister." In the second paragraph of the said subsection two the word "he" is repealed and the words "the Minister or such delegate" are inserted in lieu of such repealed word. (e) In subsection four thereof the word" Minister" is repealed and the words" Chief Inspector" are inserted in lieu thereof. 13. Section 25A of the Principal Act is amended as Amendment follows :_ of s. 25A. (a) The word "Surgeon" is repealed wherever appearing therein and, in every such case, the word " Officer" is inserted in lieu of such repealed word. (b) In subsection four thereof the word "shall" is repealed and the word "may" is inserted in lieu thereof. (c) Subsection eight thereof is repealed. * This Act. t Sic. in Gazette, semble 1946.

296 STOCK. Diseases in Stock Acts Amendment Act. 11 GEO. VI. No. 10, 1946. Amendment of S. 25B. 14. Section 25B of the Principal Act is amended as follows:- (a) Subsection one thereof is repealed and the following subsection is inserted in lieu thereof, namely :- "(1.) If any bull, cow, heifer, or bull or female calf is destroyed in pursuance of an order made under section 25A of this Act at any time during which the owner thereof is a producer of milk upon which an assessment under section 7 A of this Act is leviable, such owner shall, subject to this section, be entitled to be paid compensation." (b) In subsection two thereof the word "Surgeon" is repealed and the word " Officer" is inserted in lieu of such repealed word. (c) In the proviso to subsection two thereof the words "tubercular-free beasts" are repealed and the words "cattle which are free from tuberculosis" are inserted in lieu of such repealed words. (d) In subsection five thereof the word " Surgeon" is repealed and the word "Officer" is inserted in lieu of such repealed word. Amendment 15. Clause 16A of Schedule lI. to the Principal oIIf. . Scchlaeduusele Act is amended by repealing the words" or other faulty 16A. stock." STOCK ROUTES. See LAND.