Diseases in Stock Acts and Other Acts Amendment Act of 1940 (4 Geo Vi No. 11) (Qld)

STOCK. 4 GEO. VI. No. 11, 1940. Di8ea8es in Stock Act8, Etc., Act. (4.) The sale price of any stock sold under subsection three of thjs section shall be paid to the Under Secretary, Department of Agriculture and Stock, who, after defraying thereout all expenses incurred by any inspector in seizing and detaining such stock, shall pay the balance (if any) to the owner of such stock. (5.) No person shall have any claim for any loss or damages sustained or alleged to have been sustained by him, whether directly or indirectly, or, except as hereinafter provided, any other right or remedy whatsoever against the Crown or the Minister or any inspector or any other person whomsoever by reason or in respect of the seizure and/or detention and/or sale of any stock under this section: Provided that this subsection shall not prejudice the right of an owner of stock which, having been seized and detained hereunder, have not been forfeited to the Crown as herein provided, to recover possession thereof upon paying in full all expenses incurred by the inspector concerned in relation to such seizure and detention before such stock have been sold pursuant to subsection three of this section." 18011 An Act to Amend "The Diseases in Stock Acts, 1915 to 1936," "The Dairy Produce Acts, 1920 to 1939," and " The Stallions Registration Acts, 1923 to 1934," each in certain particulars. 4 GEO. VI. No.lI. THE DISEASES IN STOOK AOTS AND OTHER AOTS .AMENDMENT AOTOII' 1940. [ASSENTED TO 31sT OCTOBER, 1940.] 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 I.-PRELIMINARY. PRig: rN~ ; ; ' . 1. This Act may be cited as " The Diseases in Stock Short title. Acts and Other Acts Amendment Act of 1940." 2. This Act is divided into Parts as follows : - PART I.-PRELIMINARY; Parts of Act. *" PART n.-AMENDMENTS OF THE DISEASES IN STOCK ACTS, 1915 TO 1936" ; * 6 Geo. V. No. 16 and amending Acts, supra, pages 7015 et seq. F

18012 PART 1.- l'RJlLnlINARY. STOCK. Diseases in Stock Acts, Etc., Act. 4 GEO. VI. No. 11, PART IH.-AMENDMENT OF *" THE DAIRY PRODUCE ACTS, 1920 TO 1939"; t" PART IV.-AMENDMENT OF THE STALLIONS REGISTRATION ACTS, 1923 TO 1934." PART II.- AMENDMENTS OF" THE DISEASES iN STOCK ACTS, 1915 TO 1936." t" PART H.-AMENDMENTS OF THE DISEASES IN STOCK ACTS, 1915 TO 1936." Inter- 3. In this Part t" The Diseases in Stock Acts, 1915 pretation. to 1936," are referred to as the Principal Act. Collective The Principal Act and this Part may be collectively title. cited as " The Diseases in Stock Acts, 1915 to 1940." Amendments 4. Section three of the Principal Act is amended of B. 3. as follows :_ (a) The following definitions " Convey " and "Destination" are inserted after the definition "Chief Inspector," namely :- Convey. " " Convey"-The term and derivatives of the term when used with respect to any stock or carcass mean to carry or transport in or upon a vehicle, train, vessel, aeroplane, or seaplane; Destination. "Destination"-Any saleyard, railway trucking yard or platform, slaughter-house, abattoir, or place for final delivery or acceptance of stock." (b) The following definition " Dip" is inserted after the definition" Destroy," namely:- Dip. " " Dip "-When used as a noun the term includes any vat, bath, or apparatus whatsoever used in connection with the dipping of stock." (c) The definition" Disease" is amended by inserting therein the words and brackets "sheep ked or tick (Melophagus ovimts) , sheep louse (Bovicola o vis,. Linognathus pedalis, or any other sheep louse), necrotic enteritis, swine paratyphoid, swine erysipelas, blackleg," after the words" Texas or tick fever." * 10 Geo. V. No. 15 and amending Acts, supra, pages 9079 et Beq. t 14 Geo. v. No. 16 and amending Acts, supra, pages 10839 et Beq. t 6 Geo. V. No. 16 and amending Acts, supra, pages 7015 et seq.

STOCK. 18013 PART IT.- 1940. Diseases in Stock Acts, Etc., Act. AMENDMENTS OF U TBB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DISEASESlN STOCK ACTS, (d) The following definition "Drive" is inserted 1915 TO 1936." after the definition " District," namely:- " " Drive"-The term and derivatives of the term Drive. when used with respect to stock mean causing or suffering to travel on the hoof but not conveying." (e) The following definition "Legibly branded" is inserted after the definition "Introduced stock," namely:- " "Legibly branded "-Branded in a manner Legibly decipherable without scientific means at a branded. distance of not less than thirty feet." (f) The following definitions" Neighbouring hold- ing" and "Order" are inserted after the definition " Minister," namely:- " "Neighbouring holding "-Any holding con- Neig~ ­ tiguous to, and any holding distant not ~~ ~ more than forty miles by land from, the . holding on which stock are ordinarily depastured ; "Order"-Includes any command or direction Order. whether given orally or in writing." (g) The following definition" Premises" is inserted after the definition" Owner," namely :- " "Premises"-Includes any land or saleyard and Premises. any house or other building or structure whatsoever or wheresoever situated and its curtilage." (h) The following definition" Saleyard" is inserted after the definition " Road," namely:- " " Saleyard "-Any yard, premises, or place Saleyard. where stock are sold or offered or exposed for sale, or where stock are held or kept for the purpose of being sold or offered or exposed for sale or where stock are kept or held on sale." (i) In the definition " Travelling stock " the words "land or water" are repealed, and the words "land, air, or water" are inserted in lieu of such repealed words. (j) In the definition "Vessel" the words "or ferry-boat" are repealed and the words "ferry-boat, aeroplane, or seaplane" are inserted in lieu of such repealed words.

18014 STOCK. PART II.- AlIIENDMIiINTS OF "THE Diseases in Stock Acts, Etc., Act. 4 GEO. VI. No. 11, DISliIASliIS IN STOCK ACTS, A 1916 TO 1936 d ." . 5 The. L .c o11ow.mg new subsect·Ion I.S . Insert ed after Of~ ~ . ment subsection three of section nine of the Principal Act, namely:- "(3A.) Every owner or drover of stock shall, not less than two nor more than fourteen days before he introduces such stock into Queensland, give notice in writing of their proposed introduction to the inspector at the crossing-place or port of introduction, or, if no inspector is stationed at such crossing-place or port,. then to the inspector stationed nearest thereto." Amendment of s. 15. 6. The word "Government" is inserted after the word" State" in paragraph (a) of the proviso to section I fifteen of the Principal Act. Amendment 7. The following paragraph is added to section I ofs.I8. eighteen of the Principal Act, namely :- "Upon satisfactory proof of the bona fides of an application made in that behalf, an inspector may issue a permit to travel stock to and from nejghbouring holdings for the purpose of feeding and/or watering same, but no such permit shall be for a longer period than three months,. and any such permit may be cancelled at any time." oAfms. en2d2.ment Princ 8 ip . aTl hAe ctprios vriseopeatloed saencdtiotnhe twfoelnlotwy- itnwgo proofvistohees are inserted in lieu thereof, namely :- "Provided that where travelling sheep are legibly branded with the owner's registered sheep paint brand, and such sheep- (i.) Are intended to be driven from the time of their removal for not more than forty miles to a destination; or (ii.) Are conveyed by rail or motor vehicle to a destination, it shall not be necessary to so brand such sheep: Provided further, that it shall not be necessary to so brand sheep which are intended to be driven to a pound." Amendments 9. Section twenty-five of the Principal Act is of B. 25. amended as follows :_ (a) In paragraph (j.) of subsection one thereof the words "or premises" are inserted after the word

STOCK. 18015 PART II.- 1940. Diseases in Stock Acts, Etc., Act. AllBNDlIBN'JII OIl'''TmD DIBBASBS IN STOOX ..lOTS, 1915 TO 1936." " holding," and the words " or any carcass" are inserted . after the word "stock" where such last-mentioned word twice occurs. (b) The words " or stop and detain any carcass which is being conveyed by any means whatsoever for the purpose of examining same" are added to paragraph (ii.) of subsection one thereof. (c) In paragraph (iii.) of subsection one thereof the words " or any carcass which is being conveyed by any means whatsoever" are inserted after the words i " travelling stock." (d) The words " or order any carcass which is being conveyed by any means whatsoever to be forthwith taken back to any place or district from which it has been or is being removed" are added to paragraph (iv.) of subsection one thereof. (e) The words "or impound or quarantine any carcass which, in his opinion, is or is suspected to be diseased" are added to paragraph (v.) of subsection one thereof. (f) In subsection two thereofthe words "or carcasses" are inserted after the word "stock" where such last- mentioned word twice occurs. (g) In the first and second paragraphs of subsection three thereof the words " or carcasses" are inserted after the word "stock" where such last-mentioned word twice occurs. (h) In subsection four thereof the words" or any carcass" are inserted after the word" stock." 1O. The words " or by an inspector" are added to Amendment subsection two of section twenty-six of the Principal ofs. 26 (2). Act. 11. Schedule H. of the Principal Act is amended as Amendments follows : - , S~ hedule H. ,I (a) The words or by air" are inserted after the word " roads" in claure ten thereof. "rl (b) The words r made in respect of the treatment of stock by an insp ctor" are added to clause thirteen thereof. I I

18016 STOCK. Parm.- ------------------------------------------------ AlIlIlmlllBNT OF " THIII Diseases in Stock Acts, Etc., Act. 4 GEO. VI. No. 11, 1940. DAIRY PRODuCB AC'rB,1920 TO 1939:· PART IlL-AMENDMENT OF *" THE DAIRY PRODUCE ACTS, 1920 TO 1939." Ctitollele. ctive and t 1 h 2 is . P (1 a .) rt * m " T ay he b D e a c i o r l y le P c r ti o v d e u l c y e c A it c e t d s, a1s92 " 0 Th to e 1D93a9ir," y Produce Acts, 1920 to 1940." (2.) Section 12A of *" The Dairy Produce Acts, 1920 to 1939," is amended as follows : - . Amendment ors.12A. (a) In subsection one thereof the words "The Director of Dairying or the Chief Inspector of Stock " are repealed and the words "The Director of Veterinary Services or, in his absence, such other person as the Minister may appoint" are inserted in lieu of such repealed words. (b) In subsection eleven thereof the words "the Director of Dairying or the Chief Inspector of Stock" are repealed and the words " The Director of Veterinary Services or by the person appointed by the Minister to give such authority in the absence of the Director of Veterinary Services" are inserted in lieu of such repealed words. (c) In subsection thirteen thereof the words " the Director of Dairying or Chief Inspector of Stock" are repealed and the words "the Director of Veterinary Services or by the person appointed by the Minister to give such authority in the absence of the Director of Veterinary Services" are inserted in lieu of such repealed words. PaT IV.- AMENDMBNT OF" THIil STALLIONS REGISTRATION PART IV.--AMENDMENT OF t" THE STALLIONS ACTS, 1923 TO 1934." REGISTRATION ACTS, 1923 TO 1934." Collective 13. t" The Stallions Registration Acts, 1923 to 1934," title. and this Part may be collectively cited as " The Stallions Registration Acts, 1923 to 1940." ~~ ~ ~~ nt In subsection three of section eight of t" The Stallions Registration Acts, 1923 to 1934," the words " Chief Inspector of Stock" are repealed and the words "Director of Veterinary Services" are inserted in lieu thereof. * 10 Geo. V. No. 15 and amending Acts, supra, pages 9079 et seq. t 14 Geo. V. No. 16 and amending Acts, supra, pages 10839 et seq.