Grazing Districts Improvement Act of 1930 (21 Geo v No. 44) (Qld)

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Grazing Districts Improvement Act of 1930 (21 Geo V No. 44)
12844 DINGOES AND MARSUPIALS. Grazing Districts Improvement Act. 21 GEO. V. No. 44, DINGOES AND MARSUPIALS. 21 N G o. eo 4 . 4. V. An Act to Amend the Law relating to Rabbit, THE - Dingo, and Marsupial Destruction; to GRAZING DISTRICTS provide for the .constitution of District IMPROVE- MENTAcT Improvement Boards; alld for other OF 1930. purposes. [ASSENTED TO 24TH DECEMBER, 1930.] 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 Grazing Districts and Improvement Act of 1930," and shall come into operation : : ~~ r~ ~ t. on a date to be proclaimed by the Governor in Council, published in the Gazette, which date is herein referred to as the commencement of this Act. Parts of Aot. 2. This Act is divided into Parts as follows ;- PART I.-PRELIMINARY; PART lI.-DISTRIOT IMPROVEMENT BOARDS; PART lIl.-POWERS AN!' DUTIES OF DISTRICT IMPROVEMENT BOARDS; PART IV.-FuNDS OF DISTRICT IMPROVEMENT BOARDS; PART V.-CONTINUANCE OF CERTAIN RABBIT BOARDS; PART VI.-GENERAL PROVISIONS. Inte.rpreta- tion. Board. Cattle. Dingo. 3. (1.) In this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively, that is to say;- " Board "-A District Improvement Board established under this Act; " Cattle" includes horses and mules; "Dingo"-A dingo or half-bred dingo, or any undomesticated dog generally known as a wild dog inhabiting the bush and apparently having no owner and being under no control;
1930. DINGOES AND MARSUPIALS. Grazing Districts Improvement Act. 12845 PART 1.- PllELIMJNAI'<'t. "District"-An Improvement Board District District. constituted under this Act; " Holding"-Any occupied country land, wp-etherHolding. held in fee-simple or under lease, license, or otherwise; " Local Authorities Act "-*" The Local Authorities Local Act . s " 1902 to 1929 " and any Act amending AAcutt.horities or m substitution for those Acts or any of them; "Local Authority"-A Local Authority con- Local . stituted under the Local Authorities Act; AuthorIty. " Manager"-The resident manager of a holding Manager. the owner of which is not resident ; " Marsupial "-A wallaby, kangaroo, wallaroo, Marsupial. paddamelon, bandicoot, or kangaroo,rat; " Marsupial - proof," used with reference to Marsupial- fencing-of such character as to prevent the proof. passage of dingoes and marsupials as herein, defined; " Member"-A member of a District Improvement Member. Board; "Minister"-The Secretary for Public Lands or Minister. other Minister of the Crown for the time being charged with the administration of this Act; " Owner"-The person for the time being entitled Owner. to possession of a holding or stock, as the case may be; " Prescribed"-Prescribed by this Act; Prescribed.' Cl Resident"-Resident in the district ; Resident. "Regulations"-Regulations made under the Regulations. authority of this Act; "Scalp"-(a) With respect to dingoes, means andScalp. includes a portion of the skin of the head of a dingo, to which both ears are attached, and a strip of the skin down the back with the tail ; (b) With respect to marsupials, means and includes a strip of the skin down the face, with both ears and both nostrils attached; _ -- .. ...... , - --~ -- ... '-- ~ *2 Edw. VII. No. 19 and amending Acts, 8upra, pages 1860 et seq.
12846 PART 1.- PRELIMIN ARY. Scalper. Statutory return. Stock. Stock route. This Act. Vermin. Year. DINGOES AND MARSUPIALS. Grazing Districts Improvement Act. 21 GEO. V. No. 44, ----------------- " Scalper"-A person engaged in the occupation of the destruction of dingoes and/or mar- supials; "Statutory return"-A return of stock made under *" The Stock Returns Act of 1893 " or any Act amending or in substitution for that Act; " Stock"-Cattle, sheep, horses, and mules; " Stock route"-Any road ordinarily used for the purpose of travelling stock or declared under any Act to be a stock route; "This Act"-This Act and all regulations, proclamations, Orders in Council, by-laws, and orders made and issued thereunder ; " Vermin"-A dingo, fox, rabbit, hare, marsupial, and any other noxious animal or bird which the Governor in Council may by Order in Council from time to time declare to be vermin under this Act; " Year"-The period of time from the first day of January to the next following thirty-first day of December, inclusive. Land Act definitions to apply. (2.) In this Act, unless the context otherwise indicates, any terms not mentioned in the preceding subsection shall respectively have the meanings set against them in section four of t" The Land Act of 1910." Ratio of sheep to cattle. (3.) For the purposes of determining any matter arising under this Act in cases where cattle and sheep are being depastured on the same holding, all such cattle and sheep shall be taken into account; and for that purpose ten sheep shall be deemed to be the equivalent of three head of cattle. Holdings situated in two districts. (4.) When a holding is situated partly in one district and partly in another or other districts, the holding shall for all purposes of this Act be deemed to be situated wholly within the district in which the greater part of the holding is situated, and shall accordingly be assessed solely by the Board of that district. * 57 Vic. No. 10, supra, page 3277. t 1 Geo. V. No. 15, supra, page 8775.
DINGOES AND MARSUPIALS. 12847 1930. Grazing Distr-icts Impr-ovement Act. PART 1.- PRELIMINARY. - - - - - - -- - -- - -- - - - - - - - ~ - . - - - - 4. *" The Dingo and Marsupial Destruction Act of Repeal. 1918 " and t" The Dingo and Marsupial Destruction Act Amendment Act of 1923 " are repealed. Sections six, seven, eight, and fifty-one of t" The Rabbit Act of 1913 " are repealed. Section four of §" The JJJarsupial Proof Fencing Act Amendment Act of 1913" is repealed. Abolition of Rabbit and Dingo Boards. 5. (1.) On the commencement of this Act the Certain R abb 1 't D I ' S t n . c t S 0 f Carnarvon, Maranoa, W arrego, DRianbgboit and Mitchell, Gregory North, and Burke and the Rabbit B. oar~ s and Boards for those districts (as constituted under t" The ~ ~ ~ ~ ~ ~ ~ d. Rabbit Act of 1913") and every Dingo Board and every Dingo District constituted under 11" The Dingo and .Marsupial Destruction Acts, 1918 to 1923," shall be abolished, and every such Board shall on and after that date cease to exercise any of its functions. (2.) All by-laws of the Rabbit Boards mentioned in By-laws subsection one hereof and of all Dingo Boards are hereby repealed. repealed. (3.) All assessments and other moneys which, having Accrued accrued due to a Rabbit Board or to a Dingo Board s a t s l ~ ll es to sm b e e nts abolished by this Act, are at the commencement of this paid. Act due or payable to or leviable by or for such Board, shall be and continue to be due, payable, and leviable, and shall and may be paid to and received, levied, and recovered by the Crown; and all penalties then incurred shall and may be enforced by the Crown. For the aforesaid purposes the provisions of the aforesaid Acts, notwithstanding their repeal, shall be deemed to continue in force, and for the more effective enforcement of such assessments, moneys, and penalties the Crown may also exercise any further powers and authorities contained in this Act dealing with non- payment of assessments thereunder, as if such assess- ments, moneys, and penalties had accrued under this Act: Provided that when a District Improvement Board has been constituted under this Act all the rights, * 9 Geo. V. No. 15, supra, page 8463. t 14 Geo. V. No. 1, supra, page 10511. t 4 Geo. V. No. 7, supra, page 5954. § 4 Geo. V. No. 15, supra, page 5931. il !) Geo. V. No. 15, and 14 Geo. V. No. 1, 8upra, pages 8463, 10511.
12848 PAETI.- PRELIMINARY. DINGOES AND MARSUPIALS. Grazing Districts hnpr01'ement Act. 21 GEO. V. No. 44, authorities, and powers vested in and exercisable by the Crown under this section shall be vested in and exer- cisable py the District Improvement Board for th~ district which embraces the abolished Rabbit District or part thereof or abolished Dingo District or part thereof in which the assessment or moneys have accrued due. Continua· tion of works or acts of abolished Boards. (4.) All works, matters, and things which at the commencement of this Act are in the course of con- struction or performance by any such Rabbit Board or Dingo Board in the due exercise of their respective powers prior to the commencement of this Act, and are not completed on that date, may be continued and completed by the Crown or by a District Improvement Board established under this Act. aTosfrsaaenbtssof, lei&srhcoe. f, d and 6 a . ll (1 o . t ) heArll atshseetsproofpewrthya, tewvheerthdeerscrreiapltioonr , pearnsdonaalll, Boards. rights, contracts, and engagements of any Rabbit Board or Dingo Board hereby abolished shall, without any transfer, assignment, or conveyance or notice other than this Act, be divested from each Rabbit Board and Dingo Board respectively, and shall be vested in and shall attach to and be discharged by and may be enforced by and against the Crown. (2.) The Minister may at any time and from time to time for the purposes of this Act deliver possession of any of the property, real or personal, which under the foregoing provisions has devolved upon the Crown upon the abolition of the Rabbit Boards and Dingo Boards as aforesaid to any District Improvement Board, or to and amongst several District Improvement Boards constituted under this Act, for use by such Board or Boards in carrying into execution the provisions of this Act. Minister to 7. For the purposes of this Part of this Act the rthepereCsreonwtn. Minister shall represent the Crown and may sue and be sued in his official name. Abolished 8. Within one month from the passing of this Act fBuoranrisdhs ttoo every Rabbit Board and every Dingo Board which will Minister be abolished under this Act shall furnish to the Minister doef spcrroippteirotny, a full description of all property, real and personal, in &c. the possession of the Board, together with such balance- sheets and statements of receipts and expenditure and of amounts owing to the Board as may be necessary.
1930. DINGOES AND MARSUPIALS. Grazing Districts Improvement Act. 12849 PART 1.- PRELIMI" ARY. Every Board shall hold all such property at the disposal of the Minister and give immediate effect to his instruc- tions thereto. 9. Notwithstanding the abolition of the Rabbit Leichhardt, Boards mentioned in section five hereof, the following garling d Rabbit Boards-namely, the Leichhardt Rabbit Board, M~ : ~ ~ nan the Darling Downs Rabbit Board, and the Moreton ~ abbjt t Rabbit Board, as constituted under *" The Rabbit Act of co~t~ n~ e~ n 1913 "-shall continue to function, subject nevertheless office. to such alterations, limitations, modifications, and restrictions as are contained in Part V. hereof. PART II.- DISTRICT IMPROVE· PART n.-DISTRICT IMPROVEMENT BOARDS. MEN'f BOARDS. 10. (1.) The Governor in Council may, by Order Improve- in Council, constitute any Land Agent's District or part mD~ntt. Bt· oard IS rlC S thereof an Improvement Board DIstnct for the purposes may be of this Act. constituted by Governor (2.) The Governor I.n Counc1 '1 may from t' Ime t 0 t' Ime, i & n 0 C . ounoil ' by Order in Council- (i.) Unite two or more districts into one district; (ii.) Divide a district into two or more districts; (iii.) Alter the boundaries of a district by including in such district part of another district and excluding it from such other district, or by including in a district any part of Queensland not previously included in a district; (iv.) Abolish a district. When a district is divided into two or more districts, or a portion is severed from one district and included in another district, and in every other case in which it may, in consequence of the alteration of the boundaries of districts, be necessary so to do, the Governor in Council may, by Order in Council, declare and apportion the assets and liabilities of the respective Boards between them, and may settle and adjust any question of rights which by reason of the exercise of any of the foregoing powers should, in his opinion, be settled or adjusted. In any of the cases aforesaid, if any of the Boards affected is indebted to the Treasurer in respect of moneys advanced by way of loan, the Governor in Council may, * 4 Geo. V. No. 7, supra, pa.ge 5954.
12850 DINGOES AND MARSUPIALS. PART II.- DISTRICT IMPROVE· Grazing Districts Irnprovernent Act. 21 GEO. V. No. 44, MENT BOARDS. by like Order in Council, declare and apportion the liabilities of the respective Boards in respect of such loan. Boards to be 11. For every district constituted under the pro- constituted. visions of the preceding section there shall be a Board which shall consist of the Land Commissioner for the time being in charge of the Land Agent's District con- cerned, who shall be chairman, and two other members elected or appointed in manner hereinafter provided. The members so elected or appointed shall, subject to this Act, remain in office for three years. Election of Members. Qualification 12. (1.) In every district every resident owner, part aofndmeelmecbtoerrss. owner, general manager, or resident manager of a holding . in respect of which the prescribed return of stock has been made of not less than thirty head of cattle or one hundred sheep, or a proportionate number of cattle and sheep, shall be qualified to be elected or appointed a member of a Board. Every such person shall, however, cease to be so qualified or to be a member if at any time the number of stock depastured on the holding is reduced below the number herein prescribed in respect of the district, unless in any such case the Minister directs that any member shall retain office notwithstanding such reduction until the next triennial election. (2.) In every district every resident owner or manager of a holding in respect of which the prescribed return has been made of not less than thirty head of cattle or a proportionate number of sheep or of sheep and cattle shall be qualified to vote at an election of members: Provided that- (a) No person shall have or exercise more than one vote in the same district; (b) No person whose assessment remains unpaid on the thirtieth day of June next preceding the election shall be entitled to vote. Triennial 13. (1.) An election of members shall be held in beleechteilodn. s to every third year on a day to be appointed by the Board.
DINGOES AND MARSUPIALS. 12851 1930. -- - - - - - Grazing Districts Improvement Act. PART I1.- DISTRICT IMPROVE MENT (2.) The rules, forms, and directions contained in R:OARDS. n. Part of the Schedule to this Act shall, as to all matters elec:io:. to to which they extend, regulate the proceedings in relation to all elections held in pursuance of this Act : Such provisions may from time to time be amended or added to by the Governor in Council by Order in Council published in the Gazette : - Provided that, for the purposes of the first election of members of the Board of a newly constituted district, the Governor in Council may, by Order in Council, fix the date of election, and appoint the returning officer, and give such directions as to the preparation of a roll of electors and other matters as he thinks proper, and, save as modified by such Order, the rules, forms, and directions contained in the said Schedule, with any amendments thereof or additions thereto as aforesaid, shall apply and be observed with respect to such election. (3.) If at the time appointed for an election or Gove~ orin within the time hereinbefore prescribed no election is ~ ; ~ ~ ~ may held, or the required number of members has not been mem"?ers in elected, the Governor in Council may appoint a duly ~ ! : ~ : qualified person or persons to be a member or members of the Board to fill the vacancy or vacancies which ought to have been filled at such election. (4.) As soon as conveniently may be after every Elec~ion or eleetion or appointment of a member or members a appomtment notl' ficatI. On t hereof sha11 be publ I ' S hed ' m t he Gaze ' tte, otof mbeembers but a Board shall be deemed to be duly constituted and gazetted. may transact business immediately upon election or appointment. 14. If in the opinion of the Governor in Council Members the members or any member of a Board fail or fails to fail~ ng to discharge the duties imposed upon them or him under ~~ ~ ;= ay be this Act, the Governor in Council may, by notification removed. published in the Gazette, remove such members or member, and in that case a fresh election or appointment shall forthwith be had. 15. (1.) The office of a member shall be vacated- _ Vacation of (i.) If he-is or has become disqualified, or has office. ceased to be qualified under this Act; (ii.) If he has been absent from two or more consecutive ordinary meetings of the Board without leave obtained from the Board in that behalf.
12852 DINGOES AND MARSUPIALS. PART II.- DISTRICT IMPROVE- Grazing Districts Improvement Act. 21 GEO. V. No. 44, MENT BOARDS. (2.) If any member of a Board who is disqualified or whose office has become vacant continues to act as a member of the Board knowing that he is disqualified or that his office has become vacant, he shall be lia,ble to a penalty not exceeding fifty pounds. Appoint· ment of officers. Officers and By-laws. 16. (1.) The Land Agent for the district in respect of which a Board is constituted, or some other suitable officer under the direction of the Land Commissioner for such district, shall be appointed clerk of the Board. (2.) All Land Rangers and other officers of the Department of Public Lands under the direction of the Commissioner shall be, for the purposes of this Act, deemed to be in the employ of the Board. Salaries or 17. (I. ) No salary shall be paid by the Board to fceheasiromf an, any officer of the Public Service by reason of his members, appointment as chairman, member, or officer of the and officers. Board or his employment in any capacity under the direction of the Board; but such sum by way of allow- ance in addition to an officer's official salary may be paid as is determined, on the recommendation of the Board, by the Governor in Council. (2.) The members of the Board shall be paid such fees for attending meetings of the Board as are deter- mined, on the recommendation of the Board, by the Governor in Council. Office of Board. 18. The office of the Board shall be the Land Office in the town after which the district is named, or such other place as the Governor in Council may determine. Rules for 19. The provisions set forth in Part I. of the apnrodceedings Schedule to this Act shall in all matters to which they business. relate govern the Board and the proceedings and business PScahretd1 u . le, of the Board, and shall be observed. Such provisions may from time to time be amended or added to by the Governor in Council by Order in Council published in the Gazette. By-laws. 20. (1.) The Board may from time to time make by-laws with respect to all or any of the following matters :- (i.) The times for holding meetings of the Board, the summoning and adj ournment of such
DINGOES AND MARSUPIALS. 12853 1930. PARTII.- Grazing Districts Improvement Act. DISTRIOT IMPROVE- MENT meetings, and the preservation of order BOARDS. thereat, and the transaction and management of business ; (ii.) The duties of the clerk and other officers of the Board; (iii.)· Prescribing and defining the manner of doing or performing any act or thing within the jurisdiction of the Board under this Act, and the time when or within which' it shall be done or performed; (iv.) Any other matters or things necessary for the effectual execution of this Act. The by-laws may impose a penalty not exceeding fifty pounds for any breach thereof. The by-laws shall be signed by the chairman of the Board and shall be submitted for the approval of the Governor in Council, and if approved by him shall be published in the Gazette, and upon such publication shall, within the district, have the same force and effect as if they were enacted in this Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. (2.) A by-law or part of a by-law may be repealed by the Governor in Council by Order in Council. PART IlL-POWERS AND DUTIES OF DISTRICT IMPROVEMENT BOARDS. PART HI.- POWERS AND DUTIES OF DISTRICT IMPROVE- MENT BOARDS. :r 21. Subject to this Act, a Board, within its district, General shall be· charged with the following powers and duties, ~ ~ ; : ~ s that is to say:- District (1) The collection of assessments and control of ~ ~ ~ ove- expenditure under this Act : Boards. (2) The appointment of employees or workmen for the purposes of this Act, and the discontinuance of the services or dismissal of all or any of them: (3) The control and improvement of stock routes and reserves for .travelling stock in the district, including- (i.) The'determination as to whether particular stock routes should be fenced in or fenced out of holdings; c
12854 PART III. ~ POWERS AND DUTIES OF DISTRICT IMPROVE- MENT BOARDS. DlNGOES AND MARSUPIALS. Grazing Districts Improvement Act. 21 GEO. V. No. 44, (ii.) The prevention of the eating out of stock routes whether fenced or unfenced; (iii;) The enforcement on lessees of the eradication of noxious weeds on roads and stock routes which are fenced in with holdings, to such an extent as is, in the opinion of the Board, reasonable and economically possible; (iv.) The eradication of noxious weeds on reserves and stock routes that are not leased or fenced in with holdings; (v.) The improving, ringbarking, and watering of stock routes and reserves; (vi.) Subject to the laws and regulations affecting travelling stock, the control and super- vision of the movements of travelling stock; (vii.) Subject to the approval of the Governor in Council, the determination as to whether or not a travelling stock rate should be imposed on travelling stock, and, if such charge is imposed, the determination of the rate thereof. No such travelling charge shall be imposed until after six months' notice of the Board's intention to impose such charge has been given in some news- paper generally circulating in the district: (4) The direction and control of dingo destruction within the district, including- (i.) The registration of domesticated dogs; (ii.) The determination as to whether bonuses should be paid by the Board for the destruction of dingoes or other vermin, or whether activities in this direction should be limited to poisoning; (iii.) The destruction of dingoes on vacant Crown lands, and on any other lands on which such. action by the Board is considered desirable in the public interests; (iv.) The determination as to whether a cattle lessee has made default in taking reasonable steps to poison dingoes on his holding, and, if so, the carrying out of such work at his expense ;
1930. DINGOES AND MARSUPIALS. 12855 PART IlI.- Grazing Districts Improvement Act. POWERS AND DuTIES OF DISTRICT (v.) The sale of poison to landholders for the IMMPREONTVE- destruction of dingoes or other vermin : BOARDS. (5) The direction and control of rabbit destruction and supervision of the maintenance of rabbit fences in a district or part thereof in which a Rabbit Board is not functioning: (6) The direction and control of the destruction of any vermin which is considered by the Board to be harmful to the district: (7) The making of by-laws to regulate procedure, enforce payment of charges, impose penalties, and generally to give effect to the purposes of this Act: (8) Generally the power and responsibility 0.£ carrying the provisions of this Act into execution, and of effecting all matters and things necessary for the administration of this Act. Provisions as to Stock Routes. 2.2. Notwithstanding anything contained in *" The Certain Local Authorities Acts, 1902 to 1929," or any other Act, ~~ ~ ~ :~~ s any road ordinarily used for the purpose of travelling placed under stock, or declared under any Act to be a stock route, ~ O! ~ ~ ~ . of and situated within a district in respect of which a District Improvement Board has been constituted, shall for the purposes of this Act be under the control of the Board for the district within which such road is situated. 23. Subject to the approval of the Minister, a Agreements Board may enter i _ nto an agreement with the owner or a wdi J ~ O h. In.Ing lessee of any land mtersected by or abuttmg on a stock owners re rsotouctke w o~ Ithresteherve 0 bsJ. eetctaP 0 farptro f v O~ I di~ n h g e wbeanteefritfoorf ttheravueslelin 0 gf ~ tr ~ a m v ~ e i ll e i s ng for such travelling stock or in regard to the care and upkeep stock. of any equipment or appliance necessary for the watering of such travelling stock or in regard to the use of the water provided. The cost of any water improvement, equipment, or appliance the subject of such an agreement may be divided between the lessee and the Board in such proportions as may be approved by the Minister, or may be borne solely by the Board or solely by the owner or lessee of the land. * 2 Edw. VII. ONo. 19 and amending Acts, 8upra, pages 1860, et 8eg. (See Alphabetical Table).
12856 DINGOES AND MARSUPIALS. PART III.- POWERS AND DUTIES OF Grazing Districts Improvement Act. 21 GEO. V. No. 44, DISTRICT IMPROVE- MENT For the purposes of this section the Board, by BOARDS. agreement with the owner or lessee of the land, may make or contribute towards the cost of a water improvement with necessary equipment or appliance on land inter- sected by or abutting on a stock route, in which case ownership in such water improvement, equipment, or appliance shall be vested in the Board and such owner or lessee in proportion to the amounts of their respective contributions, whether of money, material, or labour, to such cost. Every such agreement shall be registered in the Department of Public Lands and shall be binding on such owner or lessee and his successors in title. Straying stock may be sold or destroyed. 24. All stock other than bona-fide travelling stock found depasturing without the authority of the Board on a stock route which is fenced on both sides, or on·a reserve under the control of the Board and which is separated from adjoining land by a stock-proof fence, may be seized and taken possession of by any officer employed by the Board or by the Department of Public Lands. The Board may make by-laws with respect to fees and charges to be levied and generally for giving effect to the provisions of this section. Such by-laws may fix a limit of time during which stock seized by virtue of this section shall be detained. Upon payment of such fees and charges as may be prescribed, seized stock shall be released to the owner, but, if such fees and charges are not paid within the time fixed, such stock may from time to time be offered and sold at auction and the proceeds therefrom shall be paid into " The District Improvement Fund " : Provided that when cattle or horses are offered at auction in pursuance of this section after due notice of the sale has been given in any newspaper generally circulating in the district, and the amount offered for any such cattle or horses does not reach ten shHlings in the case of any horse or beast, such horse or beast may be forthwith destroyed by order of the chairman or a member of the Board, and no claim for compensation shall lie against the Board, its chairman or members, or against any person responsible for the destruction of such horse or beast.
DINGOES AND MARSUPIALS. 12857 1930. . ~ -. --'- - Grazing Districts Improvement Act. -------.--- PARl'III.- POWERS AND DUTIES OF DISTRICT 25. (1.) When a stock route is fenced in or enclosed I~~ ~ ~; E' with a holding or part of a holding thereby making as BkOARDS. stock-route paddock, such stock-route paddock s h a I I not en to cl e ose r d outes bpaedddeolcibkesraotfetlhyeovheorlsdtm ocgk, ebdy, itnheco l m e~ : p s a ee r . ison with the other mw 0 hu 1 itshdt m . n g o s t be overstocked. (2.) For the purposes of this section, the Board Stock may may cause to be served upon the owner or occupier of !:ustered. any holding a notice in writing requiring such owner or occupier to forthwith muster the stock depastured upon the land. If such owner or occupier fails to immediately comply with the requirements of the notice, any person authorised by the Board may, with or without assistants, forthwith enter upon the holding and muster the stock for the purpose of ascertaining whether or not the stock-route paddock is over- stocked. (3.) The penalty for a breach of this section shall Penalty. not be less than fifty pounds, and in excess of such amount of fifty pounds may be fixed at any amount not exceeding a sum calculated at the rape of three shillings per head of cattle and one shilling per sheep for every head of stock found depastured in the stock-route paddock in excess of the fair stocking capacity of such paddock. (4.) The penalty hereby provided may be enforced by the Board by complaint against the owner or manager of a holding before a police magistrate or two justices of the peace, or by action in any court of competent jurisdiction. Provisions as to Netting Fences. 26. (1.) A Board may from time to time, by order, Power to direct that a fence shall be erected from one specified orde:1 f place to another specified place within the district along ~ ! : ~ el. on 0 a specified route. (2.) When such an order is made, the owner of every holding along the boundaries of which or within which such fence is to be erected shall forthwith upon receiving notice of the order erect along so much of the specified route as is on the boundaries of or is within his own holding a good and substantial fence of such construction as may be prescribed, and capable of supporting wire netting stretched upon it, and shall thereafter maintain such fence in good order:
12858 DINGOES AND .MARSUPIALS. PART I1I.- POWERS AND DUTIES OF Grazing Districts Impl'Ovement Act. 21 GEO. V. No. 44, DISTRICT IMPROVE· ~ . iENT Provided that a Board shall not make any order BOARDS. under this section for the erection of any fence within any holding, except after notice has been given to the owner and after the approval of the Minister has been obtained. Every such owner shall be entitled to receive from the Board so much of the cost of erecting and maintaining such fence as is paid by him in excess of the amount which he is liable to contribute to such cost. The amount which any other.owner of a holding is liable to contribute to such cost shall be recoverable by the Board from such other owner, and payment thereof may be enforced in the same manner in which an assessment may be recovered and payment thereof enforced. Power of Board to fence. (3.) If an owner does not forthwith erect such a fence, or, after it is erected, fails to maintain it in good order, the Board may erect or maintain the fence, and the cost of such erection and maintenance shall be recoverable by the Board from the persons liable to contribute to such cost, and payment thereof may be enforced by the Board in the same manner as an assess- ment may be recovered and payment thereof enforced. Contribution 27. (1.) Owners of holdings shall be liable to con- ~ ~r: fi~ : : er8 tribute to the cost of the erection and maintenance of every such fence in manner following, that is to say;- (i.) The owner of a holding within which such fence or any part thereof is erected shall be liable to contribute such proportion of the cost of the erection and maintenance of such fence or part thereof as may be determined by the Board, haying regard to the benefit conferred on such owner by the erection of such fence; (ii.) The owners of the holdings on either side of such fence upon the boundaries whereof such fence or any part thereof is erected shall each of them be liable to contribute such proportion of the cost of the erection and maintenance of such fence or part thereof as may be determined by the Board, having regard to the benefit conferred on such owner by the erection of. such fence;
DINGOES AND .MARSUPIALS. 12859 PART nI.- 1930. Grazing Disir'icis Improvement Act. POWERS AND DUTIES OF DISTRICT IMPROVE- (iii.) The remainder of the cost (if any) of the erection MENT and maintenance of such fence shall be borne BOARDS. by the owners of the holdings within the district which, in the opinion of the Board, are thereby protected from the incursion of rabbits or dingoes. And the total amount contributable under this sub- section shall be borne by the owners liable to contribute thereto in proportion to such part of their respective holdings as in the opinion of the Board is benefited or protected as aforesaid; and the amounts of their respective contributions shall be apportioned by the Board. (2.) If any owner of a holding is dissatisfied with the determination of the Board as to the benefit or protection afforded by such fence to such holding or any part thereof, he may within thirty days after notice of the Board's determination appeal therefrom to the Land Court, which shall hear and consider the matter, and confirm, vary, or reverse such determination. But the Land Court shall not vary or reverse any such determination until after notice to the Board, and hearing the reasons alleged by the Board in support of their determination. For the purposes of any such appeals the Land Court shall have and may exercise the same powers as are in like cases conferred upon such Court by and pursuant to *', The Land Acts, 1910 to 1930." The decision of the Land Court shall not be subject to appeal. . (3.) t" The Fencing Act of 1861" and t" The Fencing Act of 1861 .Extension Act of 1897 " shall not apply to fences erected by order of the Board under the last preceding section of this Act. 28. (1.) A Board may cause to be affixed and kept Power:-o affixed to any fence within the district, whether it was ~ ~ ~: te& c. erected by the Board or not, wire netting for the purpose to fenc~ s. ' of preventing the incursion or migration of rabbits or dingoes or both rabbits and dingoes. * 1 Qeo. V. No. 15 and amending Acts, supra, pages 8775, et seg. (See Alphabetical Table). t 25 Vie. No. 12, supra, page 753. t 61 Vie. No. 9, supra, page 757.
12860 DINGOES AND MARSUPIALS. PART III.- P< t~ ~ ~ : S ~ ~ D Grazing Dist1'icts Impro'IJement Act. 21 GEO. V. No. 44, DISTRICT - ~ - - - - - ------- ---- IMPROVE- MENT (2.) The Governor in Council may authorise the Go~ ~ : : : : : nt Minister, out of any moneys appropriated by Parliament aid in by way of endowment under this Act, to provide wire w re Ir ~ e p n e e c , t m tO g t , ~netting to be affixed by a Board to a fence, and to &c. defray the cost of such netting delivered at the nearest railway station, but the amount expended in defraying such cost in any district in any year shall not exceed one-third of the amount actually raised by assessments under this Act within the district during that year. Control of 29. The Governor in Council may place under the fBeoncaerds. over ecroencttreodl aotf taheBpouabrdlicanexypefnensec. e heretofore or hereafter Joining 30. (1.) Except by the permission of the Board, it ~ : ~ ~ ~ ~ - ~ ~ oof shall not be law~ ul to join any f~ nce on to any rab1?it- ormarsupial- proof or marsupIal-proof or rabbIt-proof and marsupIal- proof fences. proof fence which has been or may hereafter be erected by a Board or which has been placed under the control of a Board. In every case where such permission is applied for, it shall only be granted upon condition that the applicant shall erect and maintain in his fence such and so many gates for the use of inspectors and other officers as the Board requires; and every such condition shall be observed so long as such fence remains joined on to t3uch rabbit-proof or marsupial-proof or rabbit-proof and marsupial-proof fence. (2.) Except by the permission of the Board, it ~ hall not be lawful to place or fix or cause or permit to be placed or fixed, on or against any rabbit-proof fence or marsupial-proof fence or rabbit-proof and marsupial- proof fence, any thing of what kind soever which may or may be likely to enable rabbits or dingoes to cross through or over such fence. (3.) If any owner of a holding joins any fence on to any rabbit-proof or marsupial-proof fence which has been or may hereafter be erected by any person other than the Board, he shall erect in his fence so joined to the rabbit-proof or marsupial-proof fence suitable gates, so as to permit of free passage along the course of the rabbit-proof or marsupial-proof fence; and every such gate shall be maintained so long as such fence remains joined on to the rabbit-proof or marsupial- proof fence.
DINGOES AND MARSUPIALS. 12861 PART IlI.- 1930. Gmzing Dist1'icts Impr'Ovement Act. POWERS AND DUTIES OF DISTRICT IMPROVE· (4.) Any person who by any act or omission contra- MENT venes this section shall be liable to a pen'alty not, exceeding BOARDS. one hundred pounds. 31. When an owner of a holding uses, for the purpose Use of fence of enclosing his holding with a rabbit-proof or marsupial- ~ ~ ~ ~ ~ ~ ~ Y proof fence, any rabbit-proof or marsupial-proof or rabbit- Crown, proof and marsupial-proof fence on the boundary of his holding which has been erected at the expense of the Board or the Crown, or which has been completed by the affixing thereto of wire netting supplied at the expense of the Crown, he shall maintain such fence in a rabbit-proof or marsupial-proof or rabbit-proof and marsupial-proof condition, as the case may be, and shall also pay to the Crown interest upon the value, as determined by the Land Court, of the wire netting on such fence, at the rate of five pounds per centum per annum, so long as he has the benefit of such fence. 32. (1.) Where a Board considers it necessary for Fencing the proper protection or improvement of a reserve for the reserves. use of travelling stock or a camping !'l3serve-- (a) That a stock-proof boundary fence should be Stock-proof erected, such Board may, by notice in writing, fence. require the owner of any adjoining land, within a period to be therein specified, to erect, and thereafter to maintain, such a fence between such land and the reserve; If such owner fails to complete the erection of such a fence within such period, and thereafter to maintain such fence in a state of good repair, the Board may, with the approval of the Minister, erect or complete and thereafter so maintain such fence, and may recover the cost thereof in all such cases from such owner; (b) That a fence on any bOllndary of a reserve for Rabbit- the use of travelling stock or a camping ~ ~ : Sfu; ~ t reserve should be made rabbit-proof or proof fence. marsupial-proof or both rabbit-proof and marsupial-proof, such Board may, by notice in writing, require the owner of the land adjoining such boundary, within a period therein specified, to make such fence rabbit- proof or marsupial-proof or both rabbit-proof
12862 PARTIII.- POWERS AND DUTIES OF DISTRICT IMPROVE- MENT BOARDS. DlNGOES AND MARSUPIALS. Grazing Districts Impt'ovement Act. 21 GEO. V. No. 44, and marsupial-proof, and, upon completion of the work, the Board shall pay to the owner in all such cases one-half of the cost thereof. If any owner fails within the period so specified to comply with any such notice, the Board may, with the approval of the Minister, do any work necessary to make the fence rabbit -proof or marsupiaJ-proof or both rabbit-proof and marsupial-proof, and may recover half the cost thereof in all ::mch cases from such owner. The owner and the Board shall each pay half the cost of the maintenance and repair of such fence. If an owner and a Board fail to agree in regard to the cost of such maintenance and repair, the amount shall be determined by the Land Court upon application by either party. (2.) The provisions of this section shall not apply to the holder of an occupation license or of any lease from the Crown having Jess than five years to run at the date of the service ofthe notice. oDfefsetnrucecst. ion sanct 3 io 3 n . o ( f 1. t ) heAnByoapredr, socnutws,hobrienakas,diinstjruircets, , woirthdoeusttrothyes any fence to which wire netting is affixed, or any wire netting affixed to a fence, shall be liable to a penalty not exceeding two hundred pounds. Leaving open gates, (2.) Any person who in a district wilfully or &c. negligently leaves open a gate in a rabbit-proof or marsupial-proof fence or a rabbit-proof and marsupia.l- proof fence, or causes any stock to be confined, encamped, or shut in against any such fence so as necessarily to be or remain in close proximity thereto, or removes, opens, or in any way tampers with any flood-gate or other barrier, shall be liable to a penalty not exceeding two hundred pounds. General powers. 34. The Board or the chairman thereof may authorise any person to enter upon any land, whether in the occupation of any person or not, and to do any of the following things thereon, that is to say :- (i.) Erect, alter, or repair a fence; (ii.) Improve an existing fence, or affix WIre netting to an existing fence;
DINGOES AND lVIARSUPIAI.JS. 1930. Grazing Distr'icts Improvement Act. (iii.) Search for and destroy rabbits; (iv.) Search for and destroy dingoes; (v.) Destroy noxious weeds. 12863 PART III.- POWERS AND DUTIES OF DISTRICT IMPROVE- MENT BOARDS. Any person so authorised may enter upon the land with or without assistants, and may take such means as appear to him expedient for doing any of such things as aforesaid. Destnl,ction of Pests. 35. (1.) The Board may cause to be served upon Notice the owner or occupier of any holding a notice in writing requiring t requiring such owner or occupier to forthwith take :e~ !~: ~s foor e~ ective measu!es fo~ the destruction of rabbits or ~ ; ~ ~ ~ ~ f: ~ n dlllgoes upon hIS holdlllg. or dingoes. (2.) If such owner, for a period of thirty days after Default. the service of such notice, fails to comply with the requirements thereof- (a) He shall be liable to a penalty not exceeding one hundred pounds; And whether he has been convicted or not-- (b) The Board may authorise any person, with or without assistants, to enter upon the holding and take all such measures and do all such things as to them may appear expedient for the purpose of ensuring the destruction of rabbits or dingoes upon the holding. Any person so authorised may enter and remain upon the holding, with· or without assistants, and may take any such measures and do any such things as aforesaid during such period as in his opinion is neces- sary for such purpose. (3.) If after the expiration of such period of thirty Postpone. ~ ays. the person so authorised is satis~ ed that such owner : ~ ~ ~ ~ fr IS dOlllg all such acts, matters, and thlllgs as are necessary withdrawal. for the destruction of rabbits or dingoes upon the holding, such person may from time to time postpone entering upon the holding, or, in the event of his having entered, may withdraw therefrom upon the owner paying all costs, charges, and expenses incurred by such person up to the time of such withdrawal.
12864 DINGOES AND MARSUPIALS. PART IlI.- POWERS AND DU~ l' IES OF DISTRICT IMPROVE- MENT Grazing Districts Improvement Act. 21 GEO_ V. No. 44, (4.) Where any person so authorised has incurred BOARDS. any costs, charges, or expenses in searching for or destroy- ! ~ ~ ~ ~ ery of ing rabbits or dingoes found upon the holding, the amount charges, and of all such costs, charges, and expenses shall be recover- expenses. able from the owner, and payment thereof may be enforced by the Board by complaint in a summary way or by action in any court of competent jurisdiction. Loowciacnbuepirliietoyrrtoof route 3 o 6 r . r ( o 1 a .) d Wanhdensuthche sbtooucnkdraoryutoef oarhrooldaidngisisenacslotoscedk dest.roy within the boundary fence of the holding, it shall be nwoexelOdsUSand the duty of the owner or occupier of the holding to vermin on destroy all noxious weeds and vermin on the stock route eronacdloss.ed or road so enclosed. (2.) When the boundary of a holding is a water- course, it shall be the duty of the owner or occupier of the holding bounded by such watercourse to destroy all noxious weeds and vermin' between the boundary of the holding and the centre of such watercourse. oo D wc u cn t u y eprisoefrasntdo land 3 s 7 ha . ll (1 a . t ) aEllvetI. rmyeso,wannedr aatnhdI.Seovwerny coocstcuapniderexopf enasney, d d ~ m s g tr o o e y s. destroy dingoes upon such land. . Statement (2.) The owner or occupier shall at such times as ~ n~ etr ~ : ths may be required furnish to the Board, or if no Board st~ pl? ed to has been constituted then to the Local Authority, a ~ oarr or signed statement on the prescribed form under the A~ ~ ~ ority. *" Oaths Act of 1867 "setting out the action taken by him to destroy dingoes, and the measures intended to be taken during the ensuing year. Simul- 38. (1.) In order to better provide for the simul- tpaenreioodusfor taneous destruction· of dingoes, every owner and every destruction occupier of any land shall, during the months of May, of dingoes. June, and July, take effective measures for the destruction of dingoes by laying poison baits on land infested with dingoes. (2.) Nothing in this section shall be construed to imply that the destruction of dingoes shall not be proceeded with and enforced during the remainder of the year, or that a notice under section thirty-five or section sixty-two may not be given during such simultaneous destruction months. * 31 Vic. No. 12, supra, page 2281.
DINGOES AND :l\IARSUPIALS. 12865 PART Ill.- 1930. Grazing DistTicts Improvement Act. POWERS AND DUTIES OF DISTRICT IMPROVE- (3.) The Minister may from time to time, by notice MENT published in the Gazette, fix a period or periods other BOARDS. than the period referred to in subsection one hereof for the simultaneous destruction of dingoes within any Improvement Board District or Local Authority Area, provided that such substituted period shall not exceed three months in the aggregate. Such substituted period or periods may be within or outside, either wholly or partially, the said period referred to in subsection one hereof. (4.) Upon the publication of a notice under sub- section three hereof, the substituted period or periods fixed by such notice for the simultaneous destruction of dingoes within the district or area therein mentioned shall be deemed to be the simultaneous dingo destruction months for such district or area" and the provisions of this Act in their application to the said district or area shall be read and construed accordingly. 39. The owner or occupier who, during the simul- Penalty for taneous dingo destruction months in any year, does not ~ : : ~ ; to~ y take effective measures for the destruction of dingoes occupier. as required by this Act, shall be liable to a penalty not exceeding one hundred pounds. 40. Where an owner or occupier is charged with an Onus of offence under section thirty-seven or section thirty-eight, proof. the averments contained in the information shall be deemed to be proved in the absence of proof to the contrary. 41. For the purpose of the destruction of rabbits or La!ing of dingoes it shall be lawful for a:ny District Improvement ~ ~ tI: i~ ~ ~ ~ d Board, or any person authorIsed by a Board, to lay t~ aps. outside poison or set traps on any Crown lands or on any h~lding, dIstrICt. whether or not such holding is within an Improvement . Board District. 42. (1.) It shall not be lawful to use cyanide of Cyani~ e of potassium for the destruction of dingoes or marsupials. ~ ~ ~ atS~ ' ~ ~ (2.) It shall not be lawful for any scalper to keep or kuseepdt. or store or have in possession any cyanide of potassium. (3.) Any person who is guilty of a contravention of this section shall be liable to a penalty not exceeding twenty pounds.
12866 DINGOES AND MARSUPIALS. PART III.- - - - - - - - - - - - - - - - - - - - - - - - - POWERS AND DUTIES OF Grazing Districts Improvement Act. 21 GIW. V. No. 44, DISTRICT IMPROVE- MENT 43. (1.) A District Improvement Board or Local BOARDS. By-laws. Authority may from time to time make by-laws with respect to- (a) The amount of bonus payable for the scalp of any dingo, marsupial, or other vermin; (b) The manner in which and the conditions under which scalps shall or may be delivered to officers of such Board or Local Authority, and the conditions under which certificates in respect of the same will be granted; such by- laws may permit the whole of the skin of any 8pecified animal to be produced in lieu of the scalp, and the removal by the receiver of a specified part thereof for purposes of identification and destruction; and (c) Any other matters or things necessary for the more effectual execution of this Part. The by-laws may impose a penalty not exceeding fifty pounds for any breach thereof. The by-laws shall be signed by the chairman of the Board or Local Authority and shall be submitted for the approval of the Governor in Council, and if approved by him shall be published in the Gazette, and thereupon such by-laws shall have the force of law in the district or Local Authority area, as the case may be. (2.) A by-law or pa,rt of a by-law may be repealed by the Governor in Council by Order in Council. Registration of Domestic Dogs. Registration 44. (1.) Every dog (not being a dingo within the othf adnogwsI. oldther meaning of this Act) . kep . t in or introd . uced into an dogs. Improvement Board DIstrIct may be regIstered by the Board. Annual (2.) The Board shall charge such annual registration registration fee, not being less than two shillings and six pence per fee. head, as may be determined by the Board. Registration (3.) For every dog registered with the Board there ~ ~ ~ ; ~ i~ ~ ~ ~ shall be supplied to the owner of such dog a collar with owner. some distinguishing mark or lettering to show that it had been supplied by the Board.
DINGOES AND MARSUPIALS. 12867 1930. Grazing Districts Improvement Act. PART III.- POWERS AND DUTIES OF DISTRICT (4.) On payment of the annual registration fee for IM! ~ ~ ; every year other than the first year there shall be B~ARDS: supplied to the owner of the dog a disc showing the year d R IS :e C g S lsttorabtleOn of issue. supplied annually. 45. Every dog not registered in accordance with the Unregistered preceding section or for which the annual registration ~ ~gs may fee has not been paid may be destroyed by any member destroyed. or officer of the Board, or by q,ny member of the Police Force of Queensland, without any compensation to the owner of the dog. 46, A Board may enter into an arrangement with Boa:d may any Local Authority for the carrying out of the pro- ~ ~ ~ j~ nction visions of sections forty-four and forty-five of this Act, with L~ cal and for all purposes or any purpose that may be AuthorIty. convenient for the administration of those sections or that may be necessary or expedient to carry out the objects and purposes of those sections. PART IV.-FuNDS OF DISTRICT IMPROVEMENT BOARDS. PARTIV.- FUNDS OF DISTRICT IMPROVE- MENT BOARDS. 47. (1.) For the purpose of creating a fund for FlUId. for carrying out this Act, the Board of each district, subject ~ ~ ~rr~t~ out to the provisions of the next succeeding section, may, General in each year, make and levy an assessment not assessment. exceeding six shillings on every thirty head of cattle or one hundred sheep or proportionate number of cattle and sheep depastured within the district. Such assessment shall be paid by each owner upon the number of stock so depastured by him withilJ- the district as appears by the latest statutory returns: Provided that no assessment shall be payable by an owner of less than thirty head of cattle or one hundred sheep or a proportionate number of cattle and sheep. (2.) A Board may levy a second assessment during Second any year after an interval of not less than six months ~ ssessment from the date of levying the previous assessment: ill one year. Provided that the amount of a second assessment within anyone year shall not, together with the first, exceed the sum of six shillings for every thirty head of cattle and six shillings for everyone hundred sheep or a proportionate number of cattle and sheep. (3.) Notwithstanding the provisions of subsection one hereof, when stock ordinarily depastured on a holding
12868 DINGOES AND MARSUPIALS. PARTlV.- FUNDS OF DISTRICT Grazing Districts hnp1'ovemcnt Act. 21 GEO. V. No. 44, IMPROVE- B~ : : : : ; S. within a 'district are temporarily depastured on land outside the boundaries of such district, assessment shall be paid by the owner of the stock to the Board for the district in which the holding is situated. (4.) In the case of unstocked or partly stocked land, the Board may assess it according to its carrying capacity. Such carrying capacity shall be determined by the Board, but the person liable to pay assessment on such land may appeal from such determination to the Land Court within fourteen days of receipt of notice - of the Board's determination; whereupon the Land Court shall determine the carrying capacity of the land for the purpose of this section. For the purposes of any such appeals the Land Court shall have and may exercise the same powers as are in like cases conferred upon such Court by and pursuant to *" The Land Acts, 1910 to 1930." The decision of the Land Court shall not be subject to appeal. Smaller 48. Notwithstanding the provisions of the preceding ~ ~s~ :s~ ~~d section, the maximum assessment th.erein mentioned shall if Rabbit not apply to any district or part of a district embraced ~;:: a~ . ! ~ ° in within the boundari.es of ~ he. Leichhar~t, Darling Downs, district. or Moreton RabbIt DIstnct constItuted under the provisions of t"The Rabbit Act of 1913," but as to such district or such part of a district the amount of any assessment or assessments made or levied by a District Improvement Board constituted under this Act, in any one year, shall not exceed three shillings on every thirty cattle or one hundred sheep or proportionate number of cattle and sheep depastured within such district or part of a district. Notification 49. (1.) An assessment shall be deemed to have been aosfsessment. duly made and levied on a notification thereof being published in the Gazette and in at least one newspaper generally circulating in the district. Payment of (2.) Every such assessment shall be payable at the assessment. office of the Board by the owner of the holding on which, as appears by the statutory return, the stock in respect of which the assessment is made are depastured, and shall be so paid within two months after the publication of such notification: * I Geo. V. No. ]5 and amending Acts, supra, pages 8775 et seq. (See Alphabetical Table.) t 4 Geo. V. No. 7, supra, page 5954.
DINGOES AND MARSUPIALS. 12869 PARTIV.- 1930. Grazing Districts Improvement Act. FUNDS OF DISTRICT IMPJ.lOVE- MFNT Provided that, when stock depastured on. a holding BOARDS. are not the prop~ rty of the owner of the holding, the liability to pay i assessment in respect of such stock shall also rest up;on the owner of such stock. In every such case it shall be the duty of the owner of the holding, forthwith upon the notification of the assessment, to furnish to the clerk of the Board the name and address of the owner of such stock. 50. If an owner fails to pay the amount of an Enforcement assessment, the Board may enforce payment of such :!sessment. amount, together with one-tenth more by way of penalty, by complaint against the owner or manager in a summary way or by action in any court of competent jurisdiction; and in all cases, in addition to any other means of enforcing payment, such assessment and penalty may be levied by distress and sale of any stock found depas- turing on any holding of such owner wherever situated. 51. The sum of one thousand pounds shall be made Pois~ m available in every year from Consolidated Revenue serVICe. (which is hereby appropriated for the purpose) to enable the Minister to supply poison at a cheap rate to Bqards and stock-owners for the destruction of dingoes and' other vermin. 52•.All moneys received by a Board under this Disposal of Act shall be paid into a fund called "The District : ~ ~ ~ ~ by Improvement Fund," and, subject to the provisions of Board. this Act with reference to the repayment of loans, shall be applied for all or any of the purposes following, and not otherwise, that is to say ;- (i.) Defraying the necessary expenses of the administration of this Act within the district, including salaries and fees, not exceeding the amounts determined by the Governor in Council, and the reasonable travelling expenses of the members of the Board and their officers and servants ; (ii.) Defraying the cost of the erection, completion, improvement, or maintenance of rabbit-proof fences or marsupial-proof fences or rabbit- proof and marsupial-proof fences as a protec- tion to the district; D
12870 PARTIV.- FUNDS OF DISTRICT IMPROVE· MENT BOARDS. DINGOES AND MARSUPIAI.JS. 01'a.zing Districts Improvement Act. 21 (lEO. V. No. 44, __ ---'----_. ._--- . (ili.) Defraying the cost of the destruction of rabbits within the district; (iv.) Defraying the cost of the destruction of dingoes and other animal pests within the district or on country adjacent thereto, or the payment of bonuses for scalps of such dingoes or other animal pests; (v.) Defraying the cost of the destruction of any vermin within the district; (vi.) Defraying the cost of the destruction of noxious weeds on stock routes, reserves, or Crown lands within the district'or on country adjacent thereto; (vii.) Defraying the cost of clearing scrub, ring- barking and suckering, fencing, providing water on and otherwise improving stock routes and reserves; (viii.) Defraying the cost of any works or measures for the improvement of the district which, on the recommendation of the Board, may be approved by the Governor in Council. Keeping of account~ . 53. (1.) The Board shall keep proper accounts of all sums of money received and paid, and of the several purposes for which such sums of money have been received and paid respectively. (2.) Such accountR shall be balanced twice at lea,st in every period of twelve months ending on the thirty- first day of December. (3.) Every ratepayer of the district may at all reasonable times, upon payment of one shilling to the clerk, inspect and take copies of or extracts from such accounts. ' Loans to Boards. Loans to Boards. 54. (1.) Subject to this Act, the Governor may from time to time, by warrant under his hand addressed to the Treasurer, direct him to advance to any Board by way of loan, out of any moneys appropriated by Parliament for that purpose, such sum or sums as the Governor' in Council thinks fit for carrying out this Act: Provided that- (i.) The total amount that may be advanced by way of loan to a Board, inclusive of any sums
10>;0. DINGOES AND ::VIARSUPIAI,S. 12871 PART IV.- Gmzing Districts Irnp1'Ovement Act. PUNDSOF DISTRICT IMPROVE- previously borrowed and not repaid, shall J'vIENT J-'·OARDS. not exceed a sum equal to five times the amount actually raised by assessments levied by such Board during the preceding year, and (ii.) The period of any loan shall not exceed twenty years. (2.) The Treasurer shall from time to time be Discharge. of a11owed ered I 't for any sunl or sums a dvanced by hI' m t 0 rTersepaescutre o r f In any Board in pursuance of this Act; and the receipt sums of the chairman or clerk of the Board under his hand advanced. shall be a sufficient discharge to the Treasurer in respect of every such sum. 55. It is hereby declared that the proceeds of any Proceeds ut loan advanced to a Board pursuant to the provisions of ~ o: ~ t~ 7! e~ O the last preceding section shall under no circumstances as revenue. be utilised by the Board as revenue. 56. All moneys borrowed under this Act, together Repayment with interest thereon at six pounds per centum per of loans. annum, shall be repaid to the Treasurer in half.-yearly instalments over the period of the loan: Provided that the Treasurer may permit a Board to payoff the whole or any portion of any moneys at any time before the same become due; and in such case the Board shall be entitled to a proportionate reba,te of interest, to be adjusted by the Treasurer. 57. During the currency of a loan to a Board all Application moneys derived from assessments levied by the Board~ !sessments in each year shall be first applied for the purpose of in paying the instalments payable to the Treasurer during ~ ~ ) ~ ~ ~ : ~ nt that year, and the surplus only of such moneys shall be applicable for the other purposes prescribed by this Act. 58. If at any time the payments due by a Board to Treasur:r' ~ the Treasurer are in arrear, the Minister may forthwith ~ ~ ~ : e~ ~ ID take possession of any moneys and other property vested default. in the Board, a,nd may make and levy assessments under this Act, and for that purpose shall have and may exercise all the powers of the Board.
12872 DINGOES AND MARSUPIALS. PART V.- CONTINU- ANCE 01" CERTAIN RABBIT BOARDS. Grazing Districts Impl'm'cment Act. 21 GEO. V. Xo. 44, PART V.-CONTINUANCE OF CERTAIN RABBIT BOARDS. Leiehhardt, 59. The Rabbit Districts of Leichhardt, Darling DMDoaorwrleinntsog, nand * D " o T w h n e s, R a a n b d bi M t o A r c e t to o n f c1o9n1s3t,i"tuatnedd uthnedeRratbhbeipt rBovoiasridosnsfoorf BRoaabrbdist to such districts, and all the rights, authorities, and powers continue in of such Boards under such Act shall continue in force, office. subject, however, to the following alterations, limitations, modifications, and restrictions:- Alterations and modifioa. tions. (i.) Within two months from the commencement of this Act the number of members of each of such Rabbit Boards shall be reduced from nine to five. To effect this purpose each of such Rabbit Boards shall call a special meeting, and at such meeting four members shall be chosen by vote amongst the members to retire from office, and such four members shall forthwith retire accordingly: Provided that, if the Rabbit Board, within the period of two months aforesaid, has not furnished the Minister with the names of four members who are to retire, the Governor in Council at his discretion may, by notification in the Gazette, retire any four members, and such members shall be deemed to be retired accordingly. Members retired in accordance with this provision shall cease to have any powers, rights, or duties in or to the Rabbit Board concerned. (ii.) Mter the retirement of four members {'rom each of the Rabbit Boards aforesaid, each of such Rabbit BOl1rds shall be deemed to be properly constituted by the remaining five members, and shall continue to function in all respects as if five members was the number of members originally prescribed for each Rabbit· Board under the provisions of *" The Rabbit Act of 1913." (iii.) Within two months from the commencement of this Act, and at least once every year thereafter, each of such Rabbit Boards shall furnish the Minister with a list showing the scale of wages, salaries, fees, or allowances * 4 Geo. V. No. 7, supra, page 5954.
1930. DI?\GOES AXD MARSUPIALS. 12873 PARr Y.- OraZ1:ng D£stricts Improvement Act. CONTINU- ANCE OF CERTAIN RABBIT proposed to be paid to employees, officers, BOARDS. and members. The Governor in Council may approve of such scale of wages, salaries, and allowances or may alter or amend same in respect of any item or items not covered by an award made pursuant to the provisions of *" The Industrial Conciliation and Arbi- tration Act of 1929." No salaries, wages, or allowances shall be paid in excess of the scale prescribed by the Governor in Council, and in prescribing such scale the Governor in Council shall have due regard to the wages, salaries, or allowances payable to officers or employees having comparable positions in the service of the Crown. Save as is herein otherwise provided~ all the pro- visions of t" The Rabbit Act of 1913 " relating to Rabbit Boards shall apply to and be observed by the Leichhardt, Darling Downs, and Moreton Rabbit Boards aforesaid. PART Vr.-GENERAL PROVISIONS. PART VI.- GENERAL PROVISIONS. 60. (1.) The Minister may at any time and from Sale of time to time deliver possession, with or without payment, fences to of any fence which under this Act has devolved upon the lessees. Crown to the lessee of a holding upon which such fence is erected. (2.) Notwithstanding anything in any other Act Fences contained, if a fence disposed of in accordance with lacquirefd by subsectI·On one h ereof' IS rabbI' t-proof or marsupI.a I -proof th8seseCesrowronm or rabbit-proof and marsupial-proof, it shall be a con- mu~ \ b~ d dition of ·the lease of the holding upon which such fence mall ame . is erected that such fence shall be maintained rabbit- proof or marsupial-proof or both rabbit-proof and marsupial-proof, as the case may be, during the currency of the lease. 61. Where, in the opmIOn of the Land Administra- Land.. tion Board, the condition of maintenance referred to in t~ : : ! ~ r;: ­ the preceding section would entail undue hardship on may gr~ nt the lessee , the Governor in C . ouncil , may on the?o il n l cceesrstal? mIls recommendation of the Land Administration Board, cases. * 20 Geo. V. No. 28, 8upra, page 12565. t 4 Geo. V. No. 7, 8Upra, pa.ge 5954.
121)74 eART VI.- GENERAL PROVTSIONS. DINGOES AKD MARSUPIAI..S. Grazing Districts TlIlproc'emcnt Act. 21 GEO. V. No. 44, review the terms and conditions of the lease of the holding with a view to granting any or all of the following concessions ;- (a) An extension of the lease of the hol<;ling for a term not exceeding twenty years; (b) A determination of the rent that shall be charged for the holding for the remainder of the term of the lease as extended, or for such shorter period as may be deemed fit, and any necessary readjustment of the assessment periods and conditions of the lease; (c) Provision that any resumption rights under section one hundred and forty-six of *" The Lan.d Acts, 1910 to 1930," shall not be exercised by the Crown during the currency of the term of the original lease, or of the extended lease, or during any specified shorter period. PaYInf'nt for 62. Notwithstanding anything in any Act contained, scalps. any District Improvement Board or Local Authority or Joint Local Authority may pay such sums by way of bonus for the destruction of vermin at such rate as may from time to time be determined by such Board or Local Authority, and the rates so determined shall be published in the Gazette and in one or more newspapers circulating in the district or Local Authority Area. Notice by 63. In respect of any holding not within the ~ ~ ~ ~ ~ : itY boundaries of an Improvement Board District consti- reqmrmg tuted under this Act, the Local Authority for the area b~ e~ !~ : ~ : ~ r within which the holding is situated may cause to be destruction served upon the owner or occupier of such holding a ~ ; r~ ~ ~ ~ : s. notice in terms of section thirty-five of this Act, whereupon the provisions of that section shall apply and for the purposes of tttis section shall be read as if for the word "Board" wherever it occurs the words "Local Authority" were substituted. Certain animals, birds, etc., may be proclaimed natural enemies of the rabbit. 64. (1.) The Governor in Council may from time to time, by proclamation, declare any animal, bird, or reptile to be a natural enemy of the rabbit, and prohibit the killing or capturing of any such animal within such district as shall be defined in such proclamation without a special permit from the Board. * 1 Geo. V. No. I;; and amending Acts, supra, pages 8775 et scq.
1930. DIXGOES AND MARSUPIAr~S. Grazing Dish'ids ImJ)J'ouernent Act. 12875 PART VI.- GENERAL PROVISIONS. (2.) Any person who, within any such district, P~~ alty for wilfully kills or captures, or uses any gun, net, snare, ~ ~ ~ ~ : ~ i~ ' ~ instrument, or any other means for the purpose of killing with~ ut or capturing any animal so declared to be a natural permit. enemy of the rabbit, without a permit signed by a member of the Board, ;shall be liable to a penalty of not more than ten pounds. 65. The Governor in Council may, by Order in Power to Council, declare any animal or bird to be vermin under decla~e this Act, either in a particular district, area, or locality vermm. mentioned in such Order in Council or throughout the State. 66. Any person who obstructs, or resists, or hinders Obstruction aI. nnyth. aeuetxheocruistIe. Odnp 0 e f rsaonny ipnowtheer pvreossteedcu' Itniohnl' mofI.nhipsuwrsourakncoer a p ou e ft r h s o o r n l s H. . 8( 1 , of this Act shall be liable to a penalty not exceeding fifty pounds. 67. (1.) All penalties incurred for any breach of Recovery of this Act may be recovered by complaint in a summary penalties. way. (2.) Any person who acts in violation of this Act shall, unless for such offence a penalty is expressly provided, be liable to a penalty not exceeding ten pounds. 68. In any proceedings to recover the amount of Proof of any costs, charges, or expenses recoverable under this am~ unt of Act, a certificate purporting to be signed by the chairman ~ ~ : r~ es, or of the Board or the Minister, as the case may be, shall be expenses. prima1acie evidence that such costs, charges, and expenses were actually and lawfully incurred, and the onus of disproving the amount shall be upon the defendant. 69. The description of any holding inserted in any Description notice under this Act ?eed. n~ t define the land referred ~c~oi~~ing, to, but shall be suffiCIent If It makes reference to the notiee. land, either by name or boundaries or otherwise, so as to allow of no reasonable doubt as to what land is referred to. 70. A statutory return, published under the Evidence of authority of *" The Stock Returns Act of 1893" or any published A c t amen d m · g or I . n su b st ' ltutI . On f or t h at A ct, s h a 11 , f or sretatuturnto. ry the purposes of this Act, be prima1acie evidence of the truth of the particulars contained therein. * 57 Vie. No. 10, supra, page 3277.
12876 DINGOES' AND MARSUPIALS. PART VL- GENERAL PROVISlONS. Grazing Districts Improvement Act. 21 GEO. V. No. 44, - - - .. ~~ .-. --- Service. 71. In any case where any document or writing is required to be served upon any person, the same may be served either by delivering the same to him personally or to his agent, or by leaving the same at his usual or last known place of abode, or by posting the same in a registered letter addressed to him at his usual or last known place of abode. Indemnity 72. No person shall be deemed a trespasser or be atoctpinegrsionns liable for any damage occasioned by him by reason of execution the execution of any of the powers vested in him in ofnfPowerds b pursuance of this Act, unless such damage is occasioned tchois eArrcet. Y oth erW.lse t han I.n t h e reasonable exercI.se 0 f such powers. The adoption and u,se of such methods as are ordinarily adopted and used for the purpose of destroying rabbits and dingoes shall be deemed to be a reasonable exercise of the powers conferred by this Act with reference to the destruction of rabbits and dingoes, if the person adopting or using such methods exercises ordinary skill and care therein. But before any poison is laid upon any holding by any such person he shall give to the owner of such holdjng at least seven days' notice, in vvriting, stating when and where such poison is to be laid. Regulations. 73. (1.) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of the Act. Maybe made (2.) Regulations may be made on the passing of on passing t his Act. of Act. May fix (3.) The regulations may fix a penalty not exceeding penalty. in any case fifty pounds for any breach ·thereof. ~ roclama. (4.) All Proclamations, Orders in Council, and re- t i l n O C ns o , uOncridle, rs gu I a t' IOns ma d e or purpor t' lng t 0 h aye b een ma d e &c., to form under this Act shall be published in the Gazette, and ~ ~ : : of this thereupon shall be of the same effect as if they were enacted in this Act, and shall be judicially notice9-, and shall not be questioned in any proceedings whatsoever. To be laid (5.) All Proclamations, Orders in Council, and ~ ~ r~ r: ment. regulations shall be laid before the Legislative Assembly within fourteen days after such publication, if Parliament is in session, or, if not, then within fourteen days after the commencement of the next session.
1930. DINGOES AND l\IIARSUPIALS. Grazing Districts bnpl'ovement Act. 12877 PAR'!' VI.- GENERAL PROVISIONS. If Parliament passes a resolution disallowing any such Proclamation, Order in Council, or regulation, of which resolution notice has been gjven at any time within fourteen sitting days of such House after such Proclamation, Order in Council, or regulation has been laid before it, such Proclamation, Order in Council, or regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. For the purpose of this section, the term "sitting days" shall mean days on which the House actually sits for the despatch of business. SCHEDULE. PART I.-PROVISIONS RELATING TO DISTRICT IMPROVEMENT BOARDS AND THE PROCEEDINGS AND BUSINESS OF THE BOARDS. 1. The office of a member shall be vacated if he is absent from Vacation of two or more consecutive ordinary meetings of the Board without office leave obtained from the Board in that behalf. t a htrt e ou n dg a h n n c o e n . - 2. Any member of a Board may resign his 'office by writing under Resigna- his hand addressed to the clerk, and such resignation shall be complete tions. from the time when it is received by the clerk. 3. Every member who goes out of office or resigns his office Retiring shall, if otherwise qualified, be eligible for reappointment or for member re-election. eligible f01 re-election. 4. The first meeting of the Board shall be held before the thirty- First first day of January in every year. meeting. 5. The Board shall meet once at least in each month, at such Times of times as are appointed by the Board. meeting. 6. The chairman shall preside at every meeting of the Board at Chairman's which he is present, and if he is absent from any meeting another duty. member shall be elected chairman at and for such meeting. 7. No business shall be transacted at any meeting of the Board Quorum. unless at least two members of the Board are present. S. All powers vested in the Board may be exercised by the Voting. majority of the members present at any meeti.ng duly held, and all questions shall be decided by a majori.ty and hy open voting. Upon every question the chairman shall have a vote, and if the numbers are equally divided he shall have a second or casting vote. At all meetings of the Board all members present shall vote. If a member refuses to vote his vote shall be counted for the negative. 9. The members present at a meeting may from time to time Adjourn- adjourn the meeting. ment.
]2878 DINGOES A~ D l\ 1ARSl~ PIALS. Grazing Districts Improvemellt Act. 21 GEO. Y. No. 44, If a quorum is not present within half an hour after the time appointed for a meeting, the member present, or the clerk if no member is present, may adjourn the meeting to any time not later than fourteen days from the date of such adjournment. Notice of 10. A notice of every meeting or adjourned meeting shall be meetings. given to every member in such manner as the Board may determine. Defective 11. No proceedings of the Board, or of any person acting as election, &c., chairman or member, shall be invalidated by reason of any defect ~ ot t? in the appointment or election or of any disqualification of any such 1UvalIdda~ e person, or by reason of there being any vacancy in the number of procee mgs. mem b el'S a t the t' lme 0 f suc h procee d m ' gs. Legal 12. A Board may sue or be sued in the name of the chairman or proceedings. clerk. Audit of accounts. 13. The accounts of the Board shall be audited from time to time by the Auditor-General or an officer of his department, and the members and clerk shall be deemed to be public accountants within the meaning of *" The Audit Act of 1874." Annual 14. (l.) On or before the thirty-first day of March in every year returns to be the Board shall cause to be prepared and transmitted to the Minister transmit.ted a return showing- ~ ~ % ~ er. (a) The total amount actually raised and levied by assessment and expended during the year ending on the thirty-first day of December then last past; . (b) Such further information as the Minister may require. The return shall be signed and certified by the chairman, and countersi.gned and verified by the clerk. Penalty for Any person who knowingly makes, signs, or countersigns a false false return. return under this section shall be liable to a penalty not exceeding thirty pounds. Annual statement of account. (2.) A statement of account showing the revenue and expenditure by the Board during each year shall be published by the Board, not later than the thirty-first day of March next ensuing, in some news- paper generally circulating in the district. PART n.-RULES TO BE OBSERVED FOR ELECTIONS. Roll at first 1. As soon as conveniently may be after the constitution of a election. district- (1) The Minister shall divide the district into two divisions,' each of which shall return one member to the Board; (2) The Land Agent for the district shall prepare lists in alphabetical order, showing- (a) The name of every resident owner or manager of every holding within each of such divisions; (b) The name and description of every such holding; and (c) The number of stock returned for every such holding according to the latest statutory returns. * 38 Vie. No. 12, 8upr'a, page 74.
DINGOES AND MARSUPIALS. 12879 1930. Grazing Districts Improvement Act. Such lists shall be certified by the Land Agent by writing under his hand to be correct, and shall be passed and approved by the Land Commissioner, and, when so certified and approved, shall be the roll of electors to be used at the first election, and shall be conclusive evidence of the right of all persons to vote thereat. 2. The following provisions shall apply to every election after Elections the first election:- subsequent . (1.) Every district shall be divided by the Minister into two ! ~e~ ~~ n. divisions, each of which shall return one member to the Board. In dividing a district, regard shall be had to the community of interests of the ratepayers in each division, which shiJJl contain an approximately equal number of voters. (2.) The clerk shall in every third year, as soon as practicable Clerk to hr after the thirtieth day of September next preceding the election of ~ repB;, re a members, prepare alphabetical lists containing the name and par- ~ t ticulars of the place of abode of every person in each division who is 0 ec ors. entitled to vote at elections of members. Such lists shall be certified by the clerk by writing under his hand to be correct, and, when so certified, shall be conclusive evidence of the right of every person named therein to vote. (3.) The said lists, when so certified, shall be delivered by the List to form clerk to the returning officer, and shall be the roll of electors to be the roll. used at every election, and such roll shall continue in force until a new roll is made. 3. (1.) Whenever an extraordinary vacancy arises from any Extra- cause whatsoever other than removal, a person shall be elected to ordinar:y fill such vacancy, but if no person is elected the Governor in Council vacanCles. may appoint some duly qualified person to fill such vacancy; such (;)lection shall be held at such time as the Board determine, and shall be conducted in the manner prescribed with respect to triennial elections: Provided that, if an extraordinary vacancy occurs within three months before a triennial election, such extraordinary vacancy shall not be filled up until such triennial election, and the vacating member shall be taken to be one of the members retiring at such triennial election. (2.) Any member elected or appointed to fill an extraordinary vacancy otherwise than at a triennial election shaH retain office so long only as the vacating member would have retained the same if no such vacancy had occurred. 4. For the purposes of every election the chairman ex officio, Returning or some other person appointed by the Board, or, if there is no chairman officer. or no person is appointed by the Board, then such person as the . Governor in Council appoints, shall be the returning officer. 5. Twenty-eight clear days before the day appointed for any Notice of election, the returning officer shall give public notice of such election election. by advertisement in some newspaper generally circulating in the district, and by such notice shall specify a day, not less than ten nor more than fourteen days after the time of giving such notice, and named therein as the day of nomination; and shall require all candidates at such election to be nominated at some place to be named in such notice, in manner hereinafter mentioned.
12880 DINGOES AND MARSUPIALS. Grazing Districts Improvement Act. 21 GEO. V. No. 44. Place of 6. The place appointed for the nomination of candidates for nomination. election, and for the declaration of the result of the election, shall whenever practicable be at the office for the time being of the Board. Nomination. "I. (1.) In order that any qualified person may become a candidate at an election, he shall be nominated by not less than three persons entitled to vote at such election in manner following, that is to say :- Before four o'clock in the afternoon of the day next preceding the day of nomination there shall be delivered to the returning officer, at the place appointed, a nomination paper, signed by the persons nominating him. (2.) Every nomination paper shall be in the following form or to the like effect, that is to say:- We, the undersigned electors of the Improvement Board District (Division A or B) hereby nominate [stating Oh1-istian name and surname]. of , as a candidate for the office of member of the Board of the said District [in the case of an extraordinary mcancyadd in the place of A.B. deceased or as the case may be]. Dated the day of 19 [Here are to follow the signatures.] Posting of names of candidates. 8. The returning officer shall, at all timp,s between the hours of nine o'clock in the forenoon and four o'clock in the afternoon upon each day between the giving of a public notice of an election and the day of nomination named therein, keep posted outside the place appointed for the delivery of nomination papers the names of all persons who have already become candidates at such election. Penalties in connection with nomination of candidatE's. 9. Every person who- (1) Procures himself to be nominated as a candidate for the office of a member of the Board, knowing himself to be under this Act incapable of being or continuing suc.h member; or (2) Knowingly signs a nomination paper nominating or pur- porting to nominate as a candidate for such office a person incapable of being or continuing such member; or (3) Knowing that he is not qualified to vote at an election of members, signs a nomination paper nominating any person as a candidate at such election; shall be liable to a penalty not exceeding fifty pounds. Result where 10. If at the expiration of the time limited for the nomill,ation ~ nlb n~ m~eJ of candidates the number of persons who are duly nominated for a~ e e e ec e each or either division does not exceed the number of members to be nominated. elected, the returning officer shall, at noon on the day of nomination, at the place aforesaid, publicly declare such candidate or candidates to be duly elected, and he or they shall be elected accordingly. Result if more nominated t.han required to be eleoted. 11. If at the expiration of the time limited for the nomination of candidates the number of candidates for each or either division exceeds the number of members to be elected, the returning officer shall, at noon on the day of nomination, at the place aforesaid, publicly announce the names of the candidates for each or either division (as the case may be), and the place at which a poll will be taken, and shall also forthwith give public notice by advertisement.
DINGOES AND MARSUPIALS. 12881 1930. Graz?:ng D/:stricts Improvement Act. ----------- ---- -- - - ~------ ~ - - ~ - - - - - - - -- in some newspaper generaliy circulating in the district, stating the names of the candidates, and that a poll will be taken for the election of such members on the day appointed for holding the election, and naming such day and the polling place. 12. If the returning officer is prevented from attending to any Substitute of his duties by illness or other sufficient cause) he may, or in case for returning of his refusal or inability the clerk shall, by writing under his hand, officer. appoint a substitute to act for him. And such substitute shall there- upon for the time being have, perform, and be subject to all the powers, authorities, duties, and liabilities of the principal. 13. If a poll is required to be taken, the returning officer shall Voting· forthwith after the day of nomination transmit by post to every person papers. entitled to vote at the election a voting-paper. The envelopes containing the voting-papers so posted by the returning officer shall be endorsed with the words" Voting-paper, Improvement Board District (Division A or B)." Every voting-paper shall contain the names in full in alphabetical order of all the candidates for election in the particular division, and shall be initialled by the returning officer, and shall be in the following form or to the like effect, that is to say : - Voting-paper. (This voting-paper, having been completed and signed before some other person entitled to vote for the same Division at the same election, or justice of the peace, or the returning officer, must be placed in a closed envelope addressed to the returning officer and endorsed" Voting-paper, Improvement Board District (Division A or B)," and be transmitted to tht) place of nomination through the post.) A.B. [Initials of Returning Officer.] Improvement Board District. I [Christian names and surname in full], of am an elector of Division (A or B) of this Improvement Board District, and am entitled to vote at the election of a member of the Board, which is to take plac() at [state place of nomination] and closes on the day of 19 Elector. Witness: Elector (or J.P. or Returning Officer) : Names of Candidate8. []I,lake a crOS8 ~ : n the square opposite the name of the candidate for whom YOtt vote] : D DOE, JOHN o JONES, JAMES o ROE, RICHAIW D THOMSON, HENRY 14. Every voting-paper so transmitted to a voter shall be Envelope. accompanied by an unsealed envelope, addressed to the returning officer at the place of nomination, and endorsed with the words " Voting-paper, Improvement Board District (Division A or B)."
12882 DINGOES AND MARSUPIALS. Grazing Districts Improvement Act. 21 GEO. V. No. 44, Printing voting- papers. 15. In printing voting-papers, regard shall be had to the following rules, that is to say:- (a) The name of every candidate shall be printed in plain capital letters of not smaller than pica type; (b) The name of one candidate only shall be printed in one line; (c) On each side of every such li.ne there shall be a blank space of not less than one-quarter of an inch; (d) Reasonable space shall be left for the signature of the voter and of the witness to the voter's declaration; (e) If two candidates have the same surname and Christian name, the residence and occupation of each candidate shall be added to his name. Filling up 16. Before posting the voting-papers the returning officer shall declaration. cause the form of declaration on each voting-paper to be filled in with- (a) The Christian name and surname in full, when known, of the person entitled to vote; (b) The place of residence or place of business of the person entitled to vote; (c) The place of nomination; and (d) The date on which the poll will closp. Retirf'ment. 17. If a candidate desires to retire from his candidature he may, before the voting-papers are posted, sign and deliver to the returning officer or to the clerk a Ytotice in the following form or to the like effect :- I, A.B., hereby retire from being a candidate at the election of members of the District Improvement Board, to be held on the day of next (or instant). Dated this d",y of 1\) Witness: C.D. (Signed) A.B. The returning officer, on receipt of such notice, shall make known as publicly as possible, by advertisement or otherwise, the fact of such candidate's retirement; and if the number of candidates is, by his retirement, reduced to the number of persons to be elected at the election, shall, as soon as conveniently may be, declare the remaining candidate or candidates to be duly elected, and, if the number is not so reduced, shall omit or erase the name of the candidate so retiring from the voting-papers. Ballot.box. 18. After posting the voting-papers, the returning officer shall provide a locked ballot-box, with a cleft or opening therein capable of receiving the voting-papers, and he shall forthwith place such ballot-box in charge of the postmaster at the place of nomination, but shall himself retain the key thereof. The postmaster shall be responsible for the safe custody of such ballot-box until it is demanded from him by the returning officer at the close of the election, and, if required to do so, shall give to the returning officer a written receipt for the same.
DINGOES AND MARSUPIALS. 12883 1930. Grazing Districts Improvement Act. 19. The person voting shall mark the voting-paper by making Mode of a cross in the square opposite the name of the candidate for whom he voting. votes, and shall then sign such paper in the presence of some other person who is entitled to vote at the same election, or of a justice of the peace, or of the returning officer. The person in whose presence the person voting has so signed as aforesaid shall attest the said signature, and the person voting shall then place the voting-paper in a closed envelope, addressed to the returning officer at the polling-place, and endorsed" Voting-paper, Improvement Board District (Division A or B)," and shall transmit the same by post. 20. The signature or mark of a person voting, who cannot write, Illiterate must be attested by a justice of the peace or by the returning officer. voter. No person who cannot write shall be competent to attest the signature of a person voting. 21. No person who is a candidate or the agent of a candidate at Disqualifica- the election shall attest the signature of a voter to a voting-paper fOrtion?f use in the election. And any such person who so witnesses a signature certam shall be liable to a penalty not exceeding twenty pounds, but the ~ ~ ~! ~ ~: e~~ vote shall not be thereby invalidated. 22. At any time before three o'clock in the afternoon of the day Duplicate appointed for closing the poll, the returning officer may issue a second voting- or duplicate voting-paper to any person entitled to vote whose original paper. voting-paper has miscarried or has been destroyed: Provided that such person shall first make a 'declaration before the returning officer that he has not received the original voting.paper, or that it has been destroyed, and that he has not already voted at the election. 23. The returning officer may, at the request of a person voting, Returning mark the voting-paper by making a cross in the square opposite the officer may name of the candidate for whom mch voter wishes to vote, and aSAist, voter. may attest the signature of such person; but the returning officer shall not personally receive any vote except through the post, as hereinbefore provided. 24. No candidate or agent of a candidate shall receive or take Disqualifica- any voting-paper or envelope containing a voting-paper from a voter. tion ?f Any such person who so takes or reCe.Ives a votm. g-paper or caagnednltdfaotre or envelope containing a voting-paper from a voter shall be liable to a collection of penalty not exceeding twenty pounds, and the election of a candidate voting- who or whose agent so takes or receives a voting-paper or envelope papers. containing a voting-paper shall be void. 25. At four o'clock in the afternoon on the day appointed for Delivery up closing the poll, the returning officer shall demand the ballot-box of ballot- from the postmaster, and, if required to do so, shall give a written box. receipt for the same and shall forthwith convey the ballot-box to the place appointed as hereinbefore provided for examining the votes and ascertaining the result of the election. 26. The returning officer shall then and there, in the presence of Count, &0. S1lch candidates and scrutineers (of whom each candidate may, by writing under his hand, appoint one) as may attend, examine and
12884 DINGOES AND MARSPPIALS. Grazing Districts hnpl"OI'ement Act. 21 GEO. V. No. 44, count the number of votes for each candidate, and shall make out a written statement, signed by himself and countersigned by any scrutineers who are present and consent to sign the same, containing the numbers, in words as well as in figures, of the votes received for each candidate, and shall, as soon as possible, there openly declare such numbers, and shall at the same time and place declare the name or names of the candidate or candidates elected, and shall forthwith thereafter certify to the clerk and to the Minister, by writing under his hand, the name or names of the candidate or candidates so elected and the date of the declaration of the result of the election. At the time of opening the ballot-box, the ~ eturning officer shall produce, for the information of the scrutineers, an alphabetical list, signed by him, of all persons in each division to whom he has posted or issued voting-papers. Informal vote. 27. At the examination of the vot,ing papers, every voting-paper which- (a) Does not bear the initials of the returning officer; or (b) Is not signed by the voter and attested as hereinbefore prescribed; or (c) Is manifestly irregular; or (d) Has no cross in a square opposite the name of a candidate, or has a cross in more than one of such squares; or (e) Is so imperfectly executed that the intention of the person voting cannot with certainty be ascertained; shall be rejected as void and of no effect. Marking list. 28. At the examination of the voting-papers, the returning officer shall, upon the proper alphabetical list, make a mD,rk against the name of every person who voted by a voting-paper. Casting vote. 29. If the number of votes for two or more candidates is found to be equal, the returning officer, whether he is himself an elector or not, shall by his casting vote decide which shall be elected; Provided that the returning officer shall not vote at any election at which he acts as returning officer, except in the case of an equality of votes as aforesaid. Sealing up voting- papers, &e. 30. The returning officer shan- forthwith, after the declaration of the result of the election, make up in one packet all the voting-papers, together with the alphabetical list aforesaid, signed by him as afore- said, and shall securely fasten and seal up such packet, and also permit the same to be sealed by the scrutineers present if they so desire, and shall endorse upon it, when so sealed, a description of the contents thereof, and shall sign such endorsement with his name; and shall cause such sealed packet to be delivered to the clerk, who shall safely keep the same for six months after the receipt thereof, and shall after the expiration of such period of six months, cause such voting- papers to be destroyed in the presence of at least two members of the Board. If any question at any time arises touching the votes alleged to have been given at any election, the voting-papers contained in any such sealed packet shall be received in evidence, as proof of such
DINGOES AND MARSUPIALS. 12885 1930. Grazing Districts Improvement Act. votes, in any court of justice upon production thereof and upon proof that the s£me were transmitted to the clerk in due course by the returning officer. 31. If the returning officer, or any scrutineer or other person, in Secrecy. the discharge of his duties under this Act, at or concerning an election, learns for which candidate any person voting has voted at such election, he shall not, by word or act or any other means whatsoever, directly or indirectly, divulge or discover or aid in divulging or discovering the fact, save in answer to some question which he is legally bound to answer. - Every such returning officer, scrutineer, or other person who knowingly and wilfully offends against this provision shall be liable to a penalty not exceeding one hundred t>ounds. Any scrutineer who makes any mark upon any list of persons entitled to vote at an election, or makes or writes any note or memo- randum denoting or whereby he can know or remember for which <landidate any person voting has voted at an election, shall be liable to a penalty not exceeding one hundred pounds. 32. The returning officer shall have power and authority to main- Ma.intenance tain and enforce order and keep the peace at any election held by him, of order. and, without any other warrant than this Act, to cause to be arrested and removed and taken before a justice of the peace any person not entitled to be in the place of nomination who intrudes into the same or who obstructs the approaches to the place of nomination or other wise conducts himself in a disorderly manner; and every such person. shall be deemed. to be a disorderly person within the meaning of the laws in force relating to disorderly persons, and may be dealt with by such justice accordingly. 33. If the returning officer is guilty of any wilful misfeasance or Misfeasance wilful or negligent act of commission or omission contrary to any of of returning the provisions of this Act, he shall be liable to a penalty not exceeding officer. fifty pounds. 34. All reasonable expenses of or incident to any election, incurred Expenses. by the returning officer, shall be repaid to him by the Board out of the District Improvement Fund. 35. No election shall be liable to be question:ed by reason of any Validity of defect in the title or any want of title of any person before whom elections. such electio~ is held if such person really acted at the election, nor by reason of any formal error or defect in any declaration or other instrument or in any publication made under this Act or intended to be so made, nor by reason of any such publication being out of time. No election shall be void in consequence solely of any delay in holding the election at the time appointed, or in taking the poll, or in consequence of any impediment of a merely formal nature, and the Governor in Council may adopt such measures as may be necessary for removing any obstacle of a merely formal nature by which the due course of any election might be impeded: Provided that the validity of the election and the measures so taken shall be forthwith deolared by the Governor in Council by proclamation. E
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