Foot and Mouth Disease Expenses and Compensation Fund Act of 1958 (7 Eliz Ii No. 53) (Qld)
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724 STOCK. Foot and Mouth Disease Expenses, Etc., Act . 7 E liz . II. No. 53, Provided that nothing in this subsection or in any Order in Council under this subsection shall authorise the District Abattoir Board in question to slaughter or permit to be slaughtered cattle for any such purpose contrary in any respect to any condition specified in the Order in Council.” Repeal of and new s. 82. Abattoir deemed to be licensed slaughter house. 10. Section eighty-two of the Principal Act is repealed and, in lieu of that repealed section, the following section is inserted “ [82.] Every abattoir established, provided or maintained under this Act including every abattoir established or provided under this Act before the passing of *“ The Abattoirs Acts Amendment Act of 1958 ” shall be deemed to be a duly licensed slaughterhouse under and within the meaning of f“ The Slaughtering Acts, 1951 to 1958,” and those Acts apply and extend accordingly. 7 N E o l . iz 5 . 3 I . I. An Act to Provide for the Establishment of a Foot T he F oot and M outh and Month Disease Expenses and Compensa D isease E xpenses tion Fund and for the Compensation of AND C ompen Owners of Animals and Property which sation F und A ct op 1958. may be destroyed in order to control, eradicate or prevent the spread of Foot and Month Disease, and for other purposes. [A ssented to 11 th D ecember , 1958.] B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis lativeAssembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title. 1. (1.) This Act may be cited as “ The Foot and Mouth Disease Expenses and Compensation Fund Act of 1958.” Commence J(2.) Save as herein otherwise provided, this Act ment. shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. * This Act. f 15 G. 6 No. 9 and amending Acts. { Commenced . (Proc. pubd. Gaz .)
STOCK. 725 1958. Foot and Mouth Disease Expenses, Etc., Act. 2. In this Act, unless the context otherwise Meaning of indicates or requires, the following terms shall have the term8- meanings respectively assigned to them, that is to say— “Animal ”—Any cattle, sheep, goat, or swine, Animal, or any other animal which the Governor in Council, by Order in Council, declares to be an animal under and for the purposes of this Act; “ Fund ”—The Foot and Mouth Disease Expenses Fund, and Compensation Fund established under this Act; “Inspector”—Any inspector appointed under inspector. *“ The Stock Acts, 1915 to 1958 ” : The term includes any person acting under lawful authority under or pursuant to this Act; “ Minister ”—The Minister for Agriculture and Minister. Stock or other Minister of the Crown for the time being charged with the administration of this Act; “ Owner ”—Any person other than a mortgagee Owner, not in possession having or claiming jointly or severally any right, title, or interest to or in any animals or property and shall include the authorised agent of the owner and in the case of a body corporate or unincorporate the manager, secretary, or other controlling officer thereof; “ Property ”—Includes any building, vehicle, Property, fitting, appliance, fodder, farm or dairy produce, meat, skin, hide, wool, or other thing whatsoever whether realty or personalty: The term does not include an animal which is destroyed under the provisions of *“ The Stock Acts, 1915 to 1958,” or of this Act for the purpose of controlling, eradicating or preventing the spread of foot and mouth disease. 3. There shall be established and kept in the®j°ot »nd Treasury a Trust Fund to be called “ The Foot and Disease Mouth Disease Expenses and Compensation Fund.” Expenses ' —— * 6 G. 5 No. 16 and amending Acts. pensation Fund.
726 STOCK. Foot and Mouth Disease Expenses, Etc., Act. 7 E liz . II. No. 53, Payments into fund. 4. There shall be paid to the credit of the fund— (а) All moneys payable to the State of Queensland by the several States and by the Commonwealth in accordance with any arrangement made between the State of Queensland, the Commonwealth, and the several other States of the Commonwealth for controlling, eradicating and preventing the spread of foot and mouth disease ; (б) The proceeds of the sale of stores or equipment sold under this Act; (c) All penalties recovered under this Act; and (d) All moneys appropriated by Parliament for the purposes of this Act. Payments out of fund. 5. The fund shall be applied for the payment of— (a) All expenses directly connected with controlling, eradicating and preventing the spread of foot and mouth disease, except the salaries or wages of officers and employees of the State of Queensland who are, or would be, employed irrespective of any outbreak of foot and mouth disease; ( b ) Compensation payable under this Act and all costs and expenses incidental to determining the compensation payable; and (c) All expenses connected with the sale of stores or equipment sold under this Act and the winding up of the fund. Compensa tion. 6. Subject to this Act, compensation shall be paid to the owner of— (a) Any animal or property which is destroyed pursuant to an order made or given under the authority of this Act or *“ The Stock Acts, 1915 to 1958,” for the purpose of controlling, eradicating or preventing the spread of foot and mouth disease; and (b) Any animal which is certified by an inspector as having died of foot and mouth disease and which at the time of its death was situated on land in quarantine at that time under the provisions of *“ The Stock Acts, 1915 to 1958,” because of the existence thereon of foot and mouth disease. * 6 G. 5 No. 16 and amending Acts.
STOCK. 727 1958. Foot and Mouth Disease Expenses, Etc., Act. 7. No compensation shall be payable under thisclailIlsfor Act in respect of any animal which has been destroyed or tion.pensa" has died, or any property which has been destroyed, unless within ninety days of the destruction or death an application for compensation therefor is lodged in the prescribed form and manner giving the prescribed particulars and verified as prescribed. 8. (1.) Compensation payable under the provisions Basis of of section six of this Act shall be— “ tcioomn. pensa (а) In the case of an animal— (i.) Where the animal destroyed of the dead animal was affected with foot and mouth disease, the market value of such animal immediately before it became sjo affected ; (ii.) In every other case the market value of the animal immediately before it was destroyed; (б) In the case of property its market value at the time of destruction. (2.) In determining the compensation to be paid under this Act no allowance shall be made for loss of profit, loss occasioned by breach of contract, loss of production, or any other consequential loss whatsoever. (3.) In determining the compensation to be paid under this Act “ market value ” means the market value of the animal or property calculated upon a sale with delivery at the place where the animal or property is when ordered to be destroyed or, in the case of an animal for the destruction of which no order was made, where the animal is at the time of its death. (4.) No compensation or only such part of the compensation otherwise payable as the Minister thinks reasonable shall be payable under this Act to any owner if after the coming into operation of this Act he has been convicted of an offence against this Act or any provision directly related to controlling, eradicating or preventing the spread of foot and mouth disease, of *“ The Stock Acts, 1915 to 1958,” or of any other Act. (5.) Notwithstanding the provision of any other Act no further compensation shall be paid by the Crown for any animal or property for which compensation has been or may be paid under this Act. * 6 G. 5 No. 16 and amending Acts.
728 STOCK. Foot and Mouth Disease Expenses, Etc., Act. 7 E liz . II. No. 53, Mode of valuation. 9. (1.) The value of any animal or property for the purposes of this Act shall be determined by a valuer appointed as prescribed by the Minister, either generally or in the particular case. Appeal against decision of valuer. (2.) Subject to this Act, the Minister or the owner may, if dissatisfied with any value so determined— (а) Submit the matter to a single arbitrator chosen by the Minister and the owner; or (б) Appeal— (i.) To a court of petty sessions constituted by a stipendiary magistrate or acting stipendiary magistrate sitting alone; or (ii.) If the valuation as determined by the valuer is three thousand pounds or more and if the Minister or, as the case may be, the owner has not instituted as prescribed an appeal under this section to a court of petty sessions constituted as prescribed, to a Judge of the Supreme Court sitting in Court. Abandon ment of rights of submission to arbitration and of appeal. (3.) (a) A person who institutes a submission to an arbitrator under this section shall, except as provided by section ten of this Act, be taken to have abandoned any right of appeal hereunder. ( b ) A person who institutes an appeal under this section shall be taken to have abandoned any right of submission to an arbitrator hereunder. Submission to 10. (a) A submission to an arbitrator under section arbitration. nine of this Act shall not be made unless it is instituted within forty-two days after the giving to the Minister or, as the case may be, the owner, by the valuer, of notice in writing of his valuation of the subject animal or property ; (6) A submission to an arbitrator shall be instituted by giving to the other party a notice in writing of intention thereof; (c) A submission to an arbitrator shall be limited to the grounds stated in the notice of intention ; (d) Unless the Minister and the owner agree within twenty-one days after the giving of such notice of intention upon the appointment of an arbitrator, the
STOCK. 1958. Foot and Mouth Disease Expenses, Etc., Act. submission shall be deemed to have lapsed and the party giving notice of such submission may appeal as hereinbefore provided; (e) If the arbitrator dies or becomes incapable of acting before he makes his award, the party by whom the submission to arbitration was instituted shall by a further notice in writing require the other party to join in the appointment of another arbitrator and unless the parties agree, within twenty-one days after the giving of such notice, upon the appointment of an arbitrator the submission shall be deemed to have lapsed and the party giving notice of such submission may appeal as hereinbefore provided; (/) The determination of an arbitrator upon a submission pursuant to this section shall be final and conclusive; (g) Where the Minister is ordered by an arbitrator to pay the costs of the owner, or any part of such costs, the amount so payable shall be paid by the Minister from the fund. Where the owner is ordered by an arbitrator to pay the costs of the Minister, or any part of such costs, the Minister may deduct the amount so payable by the owner from the amount of compensation payable to him; (h) Without prejudice to any other method of recovery, for the purpose of enforcing an order of the arbitrator for the payment of costs, or any part of such costs, by the Owner to the Minister, a duplicate of the order certified to under the hand of the arbitrator whereon there is endorsed the amount of such costs as agreed upon by the parties, or in default of such agreement, as taxed and allowed by the taxing officer of the Supreme Court, may be filed by the Minister in the office of the clerk of petty sessions at the place named in the order and thereupon any justice may issue any warrant for the recovery of the said costs or for the enforcement of the said order as if the order for the payment of costs had been made by a court of petty sessions and the provisions of *“ The Justices Acts, 1886 to 1956,” shall with all necessary adaptations apply to every such warrant; but so that not more than the full amount of such costs shall be recovered; * 50 Y. No. 17 and amending Acts.
730 STOCK. Foot and Mouth Disease Expenses, Etc., Act. 7 E liz . II. No. 53, Time for appeal. (i) In case of any dispute as to the amount of the costs payable under the order of an arbitrator, the matter shall be referred to the taxing officer of the Supreme Court who shall, upon request made to him for the purpose by the Minister or the owner, ascertain and certify the proper amount of those costs ; the arbitrator, the Minister and the owner shall furnish to the taxing officer such information as he requires for this purpose of the reference. The expenses of any such reference shall be borne by the party by whom the costs are payable unless upon the taxation one-sixth part of the amount of such costs or more is disallowed, in which case the costs of the reference shall be borne by the person whose costs are taxed, and the amount of such expenses of the reference shall be settled by the taxing officer and shall be deemed to be part of the costs of the submission and be recoverable in like manner. The certificate of the taxing officer upon any such reference shall be final and conclusive; (j) Subject to section fourteen of this Act the arbitrator may make such order as he deems fit with respect to costs of the submission. 11. An appeal under section nine of this Act shall not lie unless it is instituted within forty-two days after the giving to the Minister or, as the case may be, the owner, by the valuer, of notice in writing of his valuation of the subject animal or property or, in a case where a submission to an arbitrator is deemed to have lapsed pursuant to paragraph ( d) or paragraph (e) of section ten of this Act, within fourteen days after the time limited by the said paragraph (d) or, as the case may be, the said paragraph (e) for the appointment of the arbitrator. The appeal, whether to a Judge or to a court of petty sessions shall be limited to the grounds stated in the notice of appeal, and the burden of proving any and every ground alleged in the notice shall be upon the appellant.12 AJSuupdpprgeeeamloetfo a Jud1g2e. ( o1f. ) thAen Saupppreeaml uendCeorusret cstihoanllnibnee oinfstthitiustAedct btoy Court. filing in the Supreme Court registry a notice of appeal.
STOCK. 731 1958. Foot and Mouth Disease Expenses, Etc., Act. A copy of such notice shall be forthwith served upon the respondent to the appeal. The power to make rules of the Supreme Court shall include power to make rules providing and regulating practice and procedure in respect of appeals to a Judge of that Court under section nine of this Act. (2.) Upon an appeal under section nine of this Act to a Judge of the Supreme Court he may— (а) Affirm the valuation appealed against; or (б) Reduce or increase the amount of that valuation to the extent necessary in his opinion to determine the same correctly under, subject to, and in accordance with this Act, and subject to section fourteen of this Act, make such order as he deems fit with respect to the payment of costs. The decision of the Judge shall be subject to appeal to the Full Court of the Supreme Court on the ground of error or mistake in law but not on the ground of error or mistake in fact. If the Full Court upholds the appeal it shall refer the matter back to the Judge for rehearing according to law.13 13. (1.) An appeal under section nine of this Act Appeal to a to a court of petty sessions shall be heard and determined ^tty °f at a place appointed for holding such courts which is sessions, situated at or nearest the place whereat the animal or property, the subject of the appeal, is situated when ordered to be destroyed or, in the case of an animal for the destruction of which no order was made, whereat the animal is at the time of its death: Provided that a stipendiary magistrate or acting stipendiary magistrate, sitting as a court of petty sessions at that place, may, upon the application of either party at or before the hearing of the appeal and if satisfied that there is a manifest preponderance of convenience in so doing, direct that the appeal be heard at any other place appointed for the holding of courts of petty sessions whether situated within the same petty sessions district or not and thereupon the appeal may be lawfully heard and determined at any such other place :
732 STOCK. Foot and Mouth Disease Expenses, Etc., Act. 7 E liz . II. No. 53, Provided further that the decision of the stipendiary magistrate or acting stipendiary magistrate upon any such application shall be final and conclusive. (2.) An appeal under section nine of this Act to a court of petty sessions shall be instituted by filing a notice of appeal in the office of the clerk of petty sessions at the place whereat the appeal is to he heard and determined. A copy of such notice of appeal shall be forthwith served upon the respondent to the appeal. A notice of appeal may be so filed by delivery at the office of the clerk of petty sessions or by sending it by prepaid certified post letter addressed to the clerk of petty sessions and posted so as to reach him in the ordinary course of post within the time allowed by section eleven of this Act for instituting the appeal. (3.) (a) The stipendiary magistrate or acting stipendiary magistrate who usually constitutes the court at that place shall fix the date of hearing. (6) The court of petty sessions may— (i.) Affirm any valuation appealed against to that court; or (ii.) Reduce or increase the amount of such valuation to the extent necessary in its opinion to determine the same correctly under, subject to, and in accordance with this Act, and subject to section fourteen of this Act, make such order as the court deems fit with respect to the payment of costs. Appeal from (4.) ( a ) Except as provided by this subsection there shall be no appeal or right of appeal or other sessions. right or remedy whatsoever against the decision of a court of petty sessions upon an appeal under section nine of this Act to that court against a valuation; (b) If the Minister or the owner feels aggrieved by such a decision of a court of petty sessions he may appeal by way of order to review under Part IX. of *“ The Justices Acts, 1886 to 1956,” and, notwithstanding any provision of those Acts, not otherwise; * 50 V. No. 17 and amending Acts.
STOCK. 733 1958. Foot and Mouth Disease Expenses, Etc., Act. (c) Every such order to review shall be made returnable before a Judge sitting in court who shall hear and determine the same as if it were an appeal to a Judge of the Supreme Court in the first instance: Provided that unless the Judge orders or the parties agree that the appeal be by way of rehearing, it shall be heard and determined by the Judge upon the evidence and proceedings before the court of petty sessions ; (d) Where any mistake or error in fact by a court of petty sessions is a ground of such order to review the Judge shall determine that ground and there shall be no appeal, or other right or remedy whatsoever, against his determination thereof; (e) Subject to paragraph (d) of this subsection, where mistake or error in law by a court of petty sessions is a ground of such order to review, the Judge may, if he thinks fit, and shall, if thereunto required by the Minister or owner refer the same for heading and determination of that ground by the Supreme Court sitting as the Full Court. 14. Where the value of the animal or property as Costs of finally determined upon a submission to arbitration or ®"bmissl0n an appeal against the valuation thereof is the value arbitration contended for by the owner upon the submission or againstal appeal or is nearer to that value, costs shall not be valuation, awarded against the owner. Otherwise costs shall not be awarded against the Minister. 15. Notwithstanding the provisions of section nine Detennina- of this Act, the value of any animal or property foment, for the purposes of this Act may be determined by ' agreement between the owner thereof and a Government veterinary officer where the total amount of compensation payable to an owner upon any one event does not exceed the sum of two hundred pounds.16 * 16. (1.) the If any doubt or dispute arises as to When title right or title of any person to receive any compensation Minister’ payable under this Act the Minister may — may retain (a) Cause to be retained in the fund the fullti c o om no pe r nsa- amount of the compensation payable until the right or title of the person entitled to
734 STOCK. Foot and Mouth Disease Expenses, Etc., Act. 7 E liz . II. No. 53, receive such compensation has been established to the satisfaction of the Minister ; or (b) Cause to be paid the amount of such compensation— (i.) Where the amount thereof does not exceed the sum of six hundred pounds, into the Magistrates Court at or nearest the place whereat the animal or property is when ordered to be destroyed or, in the case of an animal for the destruction of which no order was made, whereat the animal is at the time of its death; and (ii.) in any other case, into the Supreme Court, and the registrar of the court into which the moneys are so paid shall deal with and apply such moneys in such manner and shall pay the same to such persons as the court, or, in the case of the Supreme Court, a Judge, upon the application of any person interested, may order, and the costs of and incidental to any proceedings under this section shall be in the discretion of the court or Judge hearing such proceedings. Where moneys are paid into court pursuant to the provisions of this section the Minister shall forthwith give notice thereof to any applicant therefor. (2.) Any application to a Magistrates Court pursuant to this section shall be by way of an action and the Magistrates Court shall under and subject to *“ The Magistrates Courts Acts, 1921 to 1954,” and the rules made thereunder have power and authority to hear and determine in a summary way any such application. Sale of stores and equipment. 17. The Minister may at any time during the operation of this Act sell or cause to be sold, upon such terms and conditions as he deems fit, any stores and equipment which in his opinion are no longer required for the purposes of this Act and the proceeds of such sale shall be paid to the credit of the fund. Any such sale may be for cash or upon terms and, if on terms, upon security.18 * Offence. 18. Any person who knowingly makes a statement which is in any respect false or misleading or who practises or is concerned in any fraudulent act with intent to * 12 G. 5 No. 22 and amending Act.
STOCK. 1958. Foot and Mouth Disease Expenses, Etc., Act. mislead or defraud the Crown for the purpose of obtaining pecuniary benefit for himself or any other person under this Act shall be guilty of an offence. Penalty: Two hundred pounds or imprisonment for six months. 735 19. On a date to be proclaimed by the pfovernor winding up in Council and published in the Gazette, such date notof fund' being less than six months nor more than twelve months after the latest case of foot and mouth disease is diagnosed in Australia, the Foot and Mouth Disease Expanses and Compensation Fund shall be wound up on the following basis:— (a) All moneys payable under the Act which have not already been paid shall be retained for payment by the Minister; (b) If any undetermined claims are pending settlement, the Minister may retain sufficient sums to meet such claims, costs, and related expenses as though in each case the sum to be paid was the full amount of such claim; (c) On the settlement of all claims for compensation and the payment of all expenses incurred under this Act any sums remaining shall be disbursed in accordance with paragraph (e) of this section ; (d) All stores and equipment purchased from the fund shall be sold and the proceeds paid into the fund. Provided that, subject to the approval of the Commonwealth and the several States which have contributed to the fund, any of the stores and equipment purchased from the fund may be retained until such time as the Commonwealth and the several States determine that they shall be sold. The proceeds of such sale shall be distributed as provided in paragraph (e) of this section ; (e) The balance of moneys remaining in the fund shall be paid to the Commonwealth and the several States in the same proportion as the contributions actually made by them to the fund.20 20. Nothing in this Act including, but without Saving of limiting the generality hereof, any regulations made hereunder shall limit the operation of or prevent any to 1958.”
736 STOCK. Foot and Mouth Disease Expenses, Etc., Act. 7 E liz . II. No. 53, action under *“ The Stock Acts, 1915 to 1958,” to control, eradicate, or prevent the spread of foot and mouth disease. Service of 21. Any notice or other document whatsoever documents. under the provisions of this Act may be given or delivered to or served upon any person— (а) By delivering the same to such person personally; or (б) By leaving the same at the usual place of business or address of such person or at his last-known place of business or address ; or (c) By forwarding the same by post in a prepaid certified mail letter addressed to such person at his usual place of business or address, or at his last-known place of business or address, in which case the production in evidence of the proper receipt from a post office for the letter shall, until the contrary is proved, be sufficient proof that it was so served, given, or delivered upon the date when that letter would have been received by the person concerned in the ordinary course of post. Power to 22. (1*) The Governor in Council may from time eaxptpelnicdation to time, by Proclamation published in the Gazette, of Act. declare that this Act shall extend and apply to and with respect to any other disease affecting animals specified in the Proclamation and in respect of which an agreement for controlling, eradicating and preventing the spread thereof has been made between the State of Queensland, the Commonwealth, and any of the other States of the Commonwealth, and thereupon the provisions of this Act including, but without limiting the generality hereof, the power to make regulations shall extend and apply to and with respect to any other such disease the subject of the Proclamation. Every provision of this Act extended and applied by Proclamation under this section to any other such disease shall for the purpose of so applying that provision be read with and subject to all necessary adaptations including, but without limiting the generality hereof, all adaptations necessary to give effect to an agreement as aforesaid for controlling, eradicating and preventing the spread of that disease. 6 G. 5 No. 16 and amending Acts.
STOCK. 737 1958. Foot and Mouth Disease Expenses, Etc., Act. (2.) Where the provisions of this Act have been extended and applied by Proclamation under this section to any other such disease, a separate fund may be established and kept in respect of that disease or payments with respect to that disease may be made into or out of the fund established and kept according to the expressed provisions of this Act: Provided that except with the express cohsent of the party contributing moneys pursuant to an agreement as specified in subsection one of this section for controlling, eradicating and preventing the spread of a specified disease, no payment from the moneys so contributed by it shall be made from the Foot and Mouth Disease Expenses and Compensation Fund or any other fund established and kept pursuant to this section for or in respect of any other disease. (3.) Nothing in this section shall limit or affect howsoever the application of this Act according to its provisions or be deemed to require the making of any Proclamation under this section precedent to applying any of the provisions of this Act as the same are expressed to apply.23 23. (1.) The Governor in Council may from time Regulations, to time make such regulations, not inconsistent with this Act, prescribing all matters and things which are necessary or convenient for carrying out or giving effect to this Act, and without limiting the generality of the foregoing provisions of this subsection, in particular— (а) Prescribing, providing for, regulating and controlling the seizure and destruction of any animal which is infected with foot and mouth disease or which may have been in contact with any animal suffering from foot and mouth disease; (б) Prescribing, providing for, regulating and controlling the seizure and destruction of any property which may have been in contact with any animal infected with foot and mouth disease or which may have been in contact with any material or thing contaminated or suspected of having been contaminated by the contagion of foot and mouth disease ; z
738 STOCK. Foot and Mouth Disease Expenses, Etc., Act. 7 E liz . II. No. 53, (c) Prescribing, providing for, regulating and controlling the valuing of animals and property, the appointment of valuers and arbitrators, their qualifications, duties and emoluments and the procedure for dealing with disputed valuations; (d) Prescribing, regulating and controlling the procedure for making claims for compensation, proving of ownership and any other matters affecting or relating to compensation; (e) Prescribing, regulating and controlling the procedure for diagnosis of foot and mouth disease and for regulating the taking, removal and despatch of specimens for diagnostic purposes; (/) Prescribing, regulating and controlling the taking of such other steps as may be deemed expedient to prevent the spread of foot and mouth disease and for its control and eradication; (g) Prescribing the amount of any penalty for any offence against any regulation, provided that any such penalty shall not exceed one hundred pounds; (h) Prescribing forms under this Act and the respective purposes for which such forms or forms to like effect shall be used ; and (i) Generally all such matters and things as are by this Act authorised or permitted to be prescribed, save such of those matters and things as are required to be prescribed otherwise than by regulation. (2.) Regulations may be made under this Act at any time after the passing hereof. (3.) The power to make regulations with respect to any matter or thing shall include power to make regulations prohibiting that matter or thing either generally or to meet particular cases. (4.) The power to make with respect to any persons, or any matters or things whatsoever, any regulation shall include power to make that regulation so that it
STOCK. 1958. Foot and Mouth Disease Expenses, Etc., Act. may be of general or specially limited application according to time, place, purposes or circumstances, or otherwise as prescribed, and so that any regulation of specially limited application may or may not differ from any other regulation of specially limited application with respect to the same persons, matters, or things. (5.) All offences against the regulations may be prosecuted in a summary way under *“ The \Justices Acts, 1886 to 1956,” upon the complaint of an inspector or of a person other than an inspector thereunto authorised in writing by the Minister. 739 and 2re4g. ul(a1t.i)onEvmearyde PurnodcelramthaitsioAn, ct Oshrdaellr— m Council ocPlfuaPbmlriaoct aiotinosn, (i.) Be published in the Gazette ; &c. (ii.) Upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (iii.) Take effect from the date of such publication unless, in the case of any such Order in Council or regulation, a later date is specified in that or any other Order in Council or regulation for its commencement when in such event it shall take effect from that later date; and (iv.) Be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session, and if not, then within fourteen sitting days after the commencement of the next session. (2.) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation, Order in Council or regulation has been laid before it disallowing such Proclamation, Order in Council or regulation or part thereof, that Proclamation, Order in Council or regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation, Order in Council or regulation. * 50 V, Ho. 17 and amending Acts.
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Foot and Mouth Disease Expenses and Compensation Fund Act of 1958 (7 Eliz Ii No. 53) (Qld)
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