Diseases in Stock Acts and Another Act Amendment Act of 1944 (9 Geo Vi No. 6) (Qld)

404: STOCK. Diseases in Stock Acts, Etc., Act. 9 GEO. VI. No. 6, SHOPS AND FACTORIES. See LABOUR. STATE ELECTRICITY COMMISSION. See ELECTRICITY. STOCK. See also LAND. Diseases in Stock Acts and Another Act Amendment Act of 1944. 9 G N E o O . . 6V. I. An Act to make further provision for the Eradication THE DISEASES IN and Prevention of Tuberculosis in Stock, STOCK ACTS AND ANOTHER ACT and for that purpose to Amend" The Diseases AMENDMENT ACT OF in Stock Acts, 1915 to 1941," and "The 1944. Dairy Produce Acts, 1920 to 1944," each in certain particulars, and for other purposes. [ASSENTED TO 14TH DECEMBER, 1944.] 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 :- PART 1.- PRELIMINARY. PART I.-PRELIMINARY. Short title. 1. This Act may be cited as " The Diseases in Stock Acts and Another Act Amendment Act of 1944." Parts of Act. 2. This Act is divided into Parts, as follows:- PART I.-PRELIMINARY; PART H.-AMENDMENTS OF "THE DISEASES IN STOCK ACTS, 1915 TO 1941" ; PART IH.-AMENDMENTS OF "THE DAIRY PRODUCE ACTS, 1920 TO 1944." PART I1.- AMENDMENTS D~ : E~ si: ~ N PART H.-AMENDMENTS OF "THE DISEASES IN STOCK STOCK ACTS, 1915 TO 1941.', ACTS, 1915 TO 1941." Construction 3. This Part of this Act shall be read as one with oanf dPart H. *"The Diseases in Stock Acts, 1915 to 1941," and that Act collective and this Part may be collectively cited as " The Diseases title. in Stock Acts, 1915 to 1944." * 6 G. 5 No. 16 and amending Acts, v. 8, pp. 1239 et seq.

STOCK. 405 PART 11.- 1944. Diseases in Stock Acts., Etc., Act. AlIlEIIDMEllTS OF "THE DISEASES III 4. The following section is inserted after sec t I . On 19S1T5OCTKO A1C9T4S1, ." six of *" The Diseases in Stock Acts, 1915 to 1941 , " I ~ n e se w rt s e . d. 6A namely:- a fun"d[ 6tAo.] be( 1c.) alTlheedr" e TshhaellSbteoecsktaDbIl . issehaesedsa C t tohmepTernesaastlu . Oryn CD S~ oI o sme c a k pseens- Fund," which fund is in this Act referred to as the sation Fund. "Compensation Fund." (2.) Into the Compensation Fund shall be paid- (a) All assessments made, levied and collected under section 7 A of this Act; and (b) Subject to appropriation by Parliament, payments from the Consolidated Revenue Fund equal in amount to one-half of the payments made into the Compensation Fund under paragraph (a) of this subsection. (3.) The Compensation Fund shall be used for the purposes of paying compensation under and pursuant to section 25B of this Act and not otherwise." 5. The following section is inserted after section New s. 7A seven of the Principal A ct, name I y : - inserted in 6 Geo. V. No. 16. " [7 A.] (1.) The Minister may make and levy an Asses~ ment assessment of not more than one-half of one penny upon on mI k. every gallon of milk supplied for consumption or use or intended consumption or use- (i.) Within the area of the City of Brisbane; or (ii.) Within any other area prescribed by the Governor in Council by Order in Council published in the Gazette: Provided that the Minister may exempt from assessment or may reduce the rate of assesement payable in respect of milk produced from dairy herds certified by a Government Veterinary Surgeon to be free from tuberculosis at the time of the passing of t"The Diseases in Stock Acts and Another Act Amendment Act of 1944." (2.) When the Minister makes an assessment under this section a notice of the making thereof shall be published in the Gazette, and thereupon such assessment shall be deemed to be duly made and levied and shall be payable as prescribed by this section. * 6 G. 5 No. 16 and amending Acts, v. 8, pp. 1239 et seq. t This Act.

406 STOCK. PART 11.- AllENDllENT OF" THE Diseases in Stock Acts, Etc., Act. 9 GEO. VI. No. 6, DISEASES IN STOCK ACTS - - - - - - - - - - - - - - - - - - - - - - - - 1915 TO 1941." (3.) Any assessment made and levied under this section by the Minister in respect of milk supplied for consumption or use or intended consumption or use within the area of the City of Brisbane shall be payable as follows :- (i.) In respect of so much of such milk as is supplied by the producers thereof to wholesale vendors as defined in *" The M ilk Supply Act of 1938," or to manufacturers of ice-cream, everv such wholesale vendor or manufacturer shall pay to the Brisbane Milk Board the amount of such assessment upon the actual number of gallons of such milk received by him during each and every calendar month, and the amount thereof payable for any month shall be remitted by the wholesale vendor or manufacturer to the said Board within fifteen days after the last day of such month; (ii.) In respect of so much of such milk as is supplied by the producers thereof to persons other than wholesale vendors, as defined in *" The Milk Supply Act of 1938," or manu- facturers of ice-cream, every such producer shall pay to the Under Secretary, Department of Agriculture and Stock the amount of such assessment upon the actual number of gallons of such milk supplied by him during each and every calendar month, and the amount thereof payable for any month shall be remitted by him to the said Under Secretary, within fifteen days after the last day of such month. All moneys collected by the said Board or the said Under Secretary under the provisions of this subsection shall be transmitted to the Treasury for payment into the Compensation Fund. (4.) Any assessment made and levied under this section by the Minister in respect of any area prescribed pursuant to paragraph (ii.) of subsection one of this section shall be payable as may be prescribed and regulated by regulations made by the * 2 G. 6 No. 27, 1938 Sess. V., p. 17201.

STOCK. 407 PART. II.- 1944. . Diseases in Stock Acts., Etc., Act. AMENDMENTS 011 .. THE DISEASES IN STOCK ACTS, . 1915 TO Hl41.' Governor in Council under this Act, and the Governor in Council is hereby authorised to make all such regula- tions as he shall deem necessary in that behalf. (5.) Every wholesale vendor as defined in *" The Milk Supply Act of 1938," or manufacturer of ice-cream may deduct from the moneys payable by him to a producer for milk delivered to him by such producer during each calendar month the amount of the assessment payable under this section to the Brisbane Milk Board with respect to such milk. (6.) If, pursuant to the regulations made in that behalf, the amount of any assessment made and levied under this section by the Minister in respect of any area prescribed pursuant to paragraph (ii.) of subsection one of this section is payable by any person other than the person who produced the milk in question, then such person may deduct such amount from the moneys payable by him to such producer for such milk. (7.) Any amount of an assessment not duly paid shall constitute a debt due and owing to the Crown by the person liable to pay such amount and may be recovered by action as for a debt in any court of competent jurisdiction. (8.) Every assessment made and levied by the Minister under this section shall be due and payable on and from the date of the publication of the notice thereof in the Gazette unless such notice prescribes some later date, in which event the assessment shall become due and payable on and from the notified date: Provided that the Minister may by a like notice discontinue or vary or alter the amount of any such assessment at any time and from time to time. (9.) Every wholesale vendor, manufacturer of ice- cream or producer of milk required to pay the assessment made and levied under this section shall, with each payment prescribed by this section, deliver to the Brisbane Milk Board, or, as the case may be, the Under Secretary, Department of Agriculture and Stock, the prescribed particulars vetified in the prescribed manner with respect to milk supplied to or by him for consumption • 2 G. 6 No. 27, 1938 Sess. v., p. 17201.

408 STOCK. PART 11.- tF) [~N,p~ NTS Diseases in Stock Acts, Etc., Act. 9 GEO. VI. No. 6, DISEASES IN STOCK ACTS, 1915 TO 1941." • or use or mtended consumption or use within the area in question during the month to which such payment relates. (l0.) This section shall not extend or apply or have operation or effect with respect to milk used for the manufacture of butter, cheese, processed cheese, con- densed milk or dried milk." f! : : ~ lf: 6. The following section is inserted after section 6 Geo. v. twenty-five of *" The Diseases in Stock Acts, 1915 to No. 16. 1941," namely:- Testing for "[25A.] (1.) Any Government Veterinary Surgeon :!~ ~ S! ~ ~ ~ k may at any time, with or without assistants, enter affected w~ th any holding or premises and there inspect and test tuberculosIs. all stock found by him for the purpose of ascertaining whether or not any of them are affected by tuberculosis. (2.) The occupier or, if there is no occupier, the owner or, if neither the owner nor the occupier is present at the holding or premises, the person apparently in charge of the holding or premises shall aid in such entry, inspection, and testing and for that purpose shall, if so ordered by the Government Veterinary Surgeon, muster all or any stock upon the holding or premises and shall do and execute all such other acts, matters, and things as may be reasonably required by the Government Veterinary Surgeon. (3.) The power conferred upon a Government Veterinary Surgeon under this section to inspect and test stock in or upon any holding or premises shall include the power to make such inspection and/or test of every head of stock found in or upon the holding or premises as to him shall appear necessary or desirable. (4.) Where a Government Veterinary Surgeon finds in or upon any holding or premises any stock affected by tuberculosis he shall- (i.) Mark or brand such stock in the prescribed manner with the prescribed mark or brand; and (ii.) By an order in writing under his hand order the destruction of such stock. * 6 G. 5 No. 16 and amending Acts, v. 8, pp. 1239 et seq.

STOCK. 409 1944. Diseases in Stock Acts., Etc.., Act. PART II.- A~ ~ N, ~ ~ ! ~ TS DISEASES IN STOCK ACTS, (5.) The order directing the destruction of any stock 1916 TO 1941." affected by tuberculosis may prescribe the manner in which, the time within which, and the person by whom such stock shall be destroyed and for that purpose may direct either that the stock be destroyed by or under the supervision of the person named therein at the holding or premises in question or that such stock be delivered at such time and place as are specified therein to a person named therein for destruction. (6.) The power to make an order under subsection four of this section shall include the power to make such one or more orders as the Government Veterinary Surgeon deems necessary in the circumstances. (7.) An order made under subsection four of this section shall be given by the Government Veterinary Surgeon to the occupier or, if there is no occupier, to the owner or, if neither the owner nor the occupier is present at the holding or premises, to the person apparently in charge thereof: Provided that an order so given to a person apparently in charge of the holding or premises shall be deemed to be duly given to the occupier or, if there is no occupier, to the owner thereof and shall have force and effect accordingly. (8.) A Government Veterinary Surgeon shall mark or brand with the prescribed mark or brand all stock inspected and tested by him and found to be free from tuberculosis. (9.) Any owner, occupier, or person apparently in charge of any holding or premises who contravenes or fails to comply with any requirement of an order issued by an inspector under subsection four of this section shall be guilty of an offence and liable to a penalty of not more than one hundred pounds or, if such contravention or failure is continued after a conviction therefor, to a further penalty of not more than twenty pounds for each and every day during which the same is so continued. (10.) Any person who, except for the purpose of complying with the order hereinafter in this subsection mentioned, removes or attempts to remove or who procures or attempts to procure the removal of any stock affected with tuberculosis the subject-matter of an order made under this section from the holding or

410 STOCK. PART 11.- AHENDHENTS OF" THE Diseases in Stock Acts, Etc., Act. 9 GEO. VI. No. 6, DISEASES IN STOCK ACTS 1915 TO 1941." premises in or upon which such stock were found by the Government Veterinary Surgeon who made such order, shall be guilty of an offence and liable to a penalty of not more than .one hundred pounds. (11.) Any person who removes, alters, defaces, renders illegible, or blotches or attempts to remove, alter, deface, render illegible or blotch any brand or mark branded or marked upon any stock by a Government Veterinary Surgeon under the authority qf this section shall be guilty of an off~nce and liable to a penalty of not more than one hundred pounds. (12.) Any person who obstructs or attempts to obstruct or who procures or attempts to procure the obstruction of the entry by a Government Veterinary Surgeon for the purposes of this section into or upon any holding or premises or the inspection and testing by a Government Veterinary Surgeon of any stock found upon any holding or premises or who, being required by or in pursuance of this section to aid in such entry, inspection, and testing, fails so to do shall be guilty of an offence and liable to a penalty of not more than one hundred pounds and if such offence is continued after a conviction therefor, liable to a penalty of not more than ten pounds for every day during which the same is so continued. For the purposes of this subsection the term " Government Veterinary Surgeon" shall include every assistant whom the Government Veterinary Surgeon has with him. (13.) The right of entry conferred upon a Government Veterinary Surgeon under this section shall include all such right of ingress, egress, or regress upon or from any holding or premises, and either for himself or his assistants, as the Government Veterinary Surgeon shall think necessary for the purposes of the proper inspection and testing of all stock found upon such holding or premises." .. i6Nnes Q we e r o tse . . dV 2 i 5 . n B 25A o 7 f . * T " h T e h f e ol D lo is w e i a n s g es s i e n cti S o to n ck is A i c n t s s e , r1te9d15a t f o te1r 9s4e1c" tioans No. 16. previously inserted by this Act, namely : - Compen- "[25B.] {1.} Any owner of any bull, cow, heifer or sation. bull or female calf which is destroyed in pursuance * 6 G. 5 No. 16 and amending Acts, v. 8, pp. 1239 et Beg.

STOCK. 411 1944. of an Diseases in Stock A.cts., Etc., Act. order made under section 25A of this PART II.- AMENDMENTS OF "THE DISEASES IN STOCK ACTS, 1915 TO 1941." Act shall, subject to this section, be entitled to be paid compensation. (2.) The object of the payment of compensation shall be to assist the owner in question to reinstate his dairy herd by replacing the destroyed beast with another which is free from tuberculosis and accordingly compen- sation shall not be paid unless the Minister is satisfied by the certificate in that behalf of a Government Veterinary Surgeon that the beast obtained for the purposes of such replacement is free from tuberculosis: Provided that where a number of beasts destroyed is replaced by a lesser number of tubercular-free beasts and the Minister is further satisfied that the aggregate value of such lesser number is equal to or greater than the total amount of compensation payable, then the owner in question shall be entitled to be paid such total amount. (3.) Subject to subsection two of this section the amount of compensation payable under this section shall be in accordance with the following scale, namely :- Description of beast. ---- Bull aged two years or over Cow Bull over twelve months and under two years old Heifer Bull or female calf Amount of compensation. --- £ 8. d. 6 00 6 00 3 00 3 00 1 00 (4.) For the purposes of this section heifer means a young cow which has not had a calf and a calf means the young of a cow which is not less than six nor more than twelve months old. (5.) If any dispute arises as to the age of any head of stock in respect of which compensation is payable under this section the decision of a Government Veterinary Surgeon as to such age shall be conclusive

412 STOCK. PART 11.- AMENDMENTS OF" THE DISEASES IN STOOK AOTS, Diseases in StockAct.'?, Etc., Act. 9 GEO. VI. No. 6, 1944. 1915 TO 1941." of the matter unIess the cIa'lmant for compensat'IOn produces a record in writing of such age made at the time when the head of stock in question was born." Amenrhllent 8. The following paragraph is inserted after the o 6 f G s e . o 3 . l V o . f first paragraph of section thirty-one of the Principal No. 16. Act, namely :- "Without limiting the generality of the foregoing power the Governor in Council may make regulations prescribing, regulating or prohibiting the testing, vaccination and inoculation of stock, and the use of vaccines, sera and diagnostic agents." PART I1I.- AMENDMENTS OF" THE DAIRY PRODUOE PART AOTS, 1920 TO 1944." IlL-AMENDMENTS OF "THE ACTS, 1920 TO 1944." D.AIRY PRODUCE Construotion 9. This Part shall be read as one with *" The and Dairy Produce Acts, 1920 to 1944," and such Acts and ctiotllleecotfivtheis this Part may be collectively cited as "The Dairy Part. Produce Acts, 1920 to 1944." Repeal of s. 12A of 10 Geo. V. No. 15. 10. Section l~A of t" The Dairy Produce Acts, 1920 to 1944," is repealed. * 10 G. 5 No. 15 and amending Acts, v. 3, p. 35. t 10 G. 5 No. 15; 2 G. 6 No. 13 and amending Acts, v. 3, pp. 35 et 8eq and 1938 Sess. v., p. 16974. STOCK RESERVES. See LAND. STOCK ROUTES. See LAND. SUCCESSION AND PROBATE DUTIES. See INCOME TAX.