Insect Pests Amendment Act 1898 (WA)

&iron Ruotratta.

ANNO SEXAGESIMO SECUN DO

VICTORIA] REGINA:.

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No. XXVII.

AN ACT to prevent the introduction into Western Australia of Diseases affecting Orchards and Gardens, and to provide for the eradication of such Diseases, and to prevent the spread thereof.

[Assented to, 2gth October, ig9e.]

E it enacted by the Queen's Most Excellent Majesty. by and

Legislative Assembly of Western Australia, in this present Parlia- 13 with the advice and consent of the Legislative Council and

ment assembled, and by the authority of the same, as follows:-

1. THIS Act may be cited for all purposes as the Insect Pests s,ert

Amendment Act, 1898.

2. IN this Act, if not inconsistent with the context,- Interpretation.

" Disease " means any insect, fungus, or parasite found on or

attacking fruit or plants;

" Fruit " means the product of any plant, and includes the peel, skin, or shell of such product, and also the seeds of such plant, whether such fruit is or is not attached to such plant;

62° VICTORI1E No.

Insect Pests—Amendment.

" infected" means infected with disease ;

" Infected package " includes every case or other package in winch any diseased plant or fruit is or has been contained, or with which any such plant or fruit has come in contact; " Minister " means the Minister presiding over the Department

of Agriculture, or any member of the Executive Council, being a responsible Minister of the Crown, who for the time is acting for him ;

" Occupier," in the case of any orchard or land which is unoccupied, or whose actual occupier is unknown or cannot be found, includes the owner ;

Orchard" means any land used for the purpose of growing or cultivating plants, and extends to and includes garden, nursery, vinery, vineyard, and hothouse ;

Plant " means any tree, flower, shrub, vegetable, or other

vegetation.

Power of Governor to 3. THE Governor may, from time to time, by Proclamation, do (r.) Revoke, either wholly or partially, any Proclamation which is in force at the time of the coming into operation of this Act, and which was issued for any purpose for which a Proclamation or Order in Council may be issued under this Act ;

do certain things. any of the followhig acts :—

(2.)	Prohibit, either absolutely or except in accordance with regulations wider this Act, the introduction into Western Australia, either generally or from any specified colony, country, port. or place, of any plant, fruit, fungus, parasite, insect, or anything which, in his opinion, is likely to introduce any disease into Western Australia ;
(3.)	Prohibit, either absolutely or except in accordance with regulations under this Act, the bringing into any specified portion of Western Australia, from any other portion or specified portion of Western Australia, of any specified plant, fruit, fungus, parasite, insect, or other thing, which, in his opinion, is diseased or likely to spread disease ;
(4.)	Appoint any specified ports to be the only ports of entry

for plants or fruit, or for any specified plant or fruit ;

(s.) Appoint quarantine grounds, where plants or fruit, awl the packages containing the same or with which the same may have come in contact, may be detained for the purpose of being inspected, disinfected, destroyed, or otherwise disposed of ;

62° VICTORUE No. 27.

Insect Pests—Amendment.

(6.) Revoke fury Proclamation made under tins Act.

4. (i .) THE Governor may from time to time appoint such Appointment of

inspectors and other officers, with such powers and functions, as he	officer.,.
deems necessary in order to carry out the provisions of this Act.
(2.) All inspectors and other officers appointed under the Acts hereinafter repealed shall be deemed to have been appointed under this Act.

5.

EVERY occupier of any orchard shall at all times do whatever is necessary in order to eradicate such disease from such 1isCaSeS hi orchards.	radi	of
diseases
orchard, and prevent the spread thereof.

6. EVERY occupier of any orchard in which any disease Notice of disease

appears shall. within twenty-four hours after first discovering or appearing to beg

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becoming aware of its presence, give written notice thereof to the

Secretary for Agriculture, at Perth.

IF at any time it appears to an inspector or other authorised

months existed, in any orchard or amongst the plants there growing,

and that in order to eradicate or prevent the spread of such disease

such orchard should be declared to be infected, he shall notify the

fact to the occupier of such orchard, and also to the Secretary for

Declaration of

7.

officer that any disease exists, or has within the preceding three "infected places." the following provisions shall apply :—

(I.) The Minister may, by notice published in the Gazette, declare that such orchard, together with such area of land contiguous to or surrounding the same as he thinks expedient, is an infected place . within the meaning of this Act.

(2.) Such notice shall describe, with reasonable particularity, the situation and area of the orchard and other land to which such notice relates.

(3.) From the date of the gazetting of such notice and until the revocation thereof, such orchard and other land shall be deemed to be an infected place from which no plants or fruit shall be removed, except under the direction of an inspector or other authorised officer, and within which the occupier shall do all such things as are deemed necessary, in order to eradicate or prevent the spread of the disease.

Any such notice may be revoked by the Minister by

notice in the Gazette.

62" VICTORDE, No.

Insect Pests—Amendment.

Power to inspect	8. (i.) ANY inspector or authorised officer may at any time enter into any conveyance or upon any orchard, land, or premises, or on board any vessel, for the purpose of inspecting any plants or fruit, or the packages containing the same, or with which the same may have come in contact, and shall have all such powers and authorities (including power to dig up plants, open packages, and otherwise) as he deems necessary for enabling him to enforce the provisions of this Act.
orchards, trees, etc.
(2.) If such inspector or other officer declares any such plants, fruit, or packages to be diseased or infected with disease he shall give notice thereof to the owner or person in charge thereof, who shall forthwith take such measures and do such acts as are necessary, or as the inspector or other officer deems necessary, in order to eradicate or prevent the spread of the disease.
(s.) If such owner or person fails or neglects so to do to the satisfaction of the inspector or other officer, such inspector or other officer may do the same at the expense in all things of such owner or person, who, nevertheless, shall not thereby be released from his other liabilities under this Act.
(4 .) In the exercise of the powers conferred upon him by this section the inspector or other officer may remove, treat, disinfect, destroy, or otherwise dispose of any such plants, fruit, or packages in such manner as he thinks fit.

(i.) ANY plant, fruit, fungus, parasite, insect, or other thing which is in any way introduced or attempted to be introduced into Western Australia in contravention of any Proclamation under this Act may, together with any package containing the same or with which the same may have come in contact, be seized by any inspector or other authorised officer, or any officer of Customs, and be disinfected, destroyed, or otherwise disposed of as such inspector or officer deems fit, at the expense of the owner or person in charge thereof.

Seizure of prohibited 9.

Plants, etc.

(2.) It shall be the duty of all officers of Customs to assist in carrying out the provisions of this section and preventing the introduction into Western Australia of anything in contravention of any such Proclamation, and for that purpose they may, in respect of anything so introduced or attempted to be introduced, exercise all the powers conferred , by " The Customs Laws Consolidation Act, 1892," in respect to uncustomed or prohibited goods.

ANY inspector or other authorised officer may employ such assistants as he deems necessary in carrying out the provisions.of this Act, and may pay them such remuneration as the Minister deems reasonable.

Employment of 10.

assistants.

62° VICTORLE, No. 27.

Insect Pests—Amendment.

THE owner, occupier, or other person through whose neglect, omission, or other default, or by reason of the infection of	Payment of
expenses incurred.
whose orchard, plants, fruits, or packages, the expenses of such employment have been incurred shall repay the same to the inspector on demand ; and, in default of payment, such expenses may be recovered as a debt due to the Crown.

11.

FOR the purpose of making an entry or removal, or otherwise performing his duties under this Act, any inspector or

Use of force in case

of resistance.

other authorised officer or assistant may, in case of resistance, use all

necessary force.

12.

13.

EVERY person commits an offence against this Act who directly or indirectly obstructs, hinders, or interrupts, or threatens	Persons obstruc
officers.
or assaults, or uses improper or abusive language to any inspector or other authorised officer or assistant whilst in the performance of his duty under this Act;
Provided that no proceedings for the recovery of any penalty for such offence, nor the payment thereof, shall be a bar to any action at law by any such inspector or other authorised officer or assistant; but every such action may be commenced and proceeded with as if this A ct had not been passed, any rule of law to the contrary notwithstanding.

NO inspector or other authorised officer or assistant shall be deemed to be a trespasser by reason of any entry or removal under

Officers not to be

trespassers.

this Act, or be liable for any damage occasioned in carrying out the

provisions of this Act.

14.

ANY notice to be given to any person by any inspector or other authorised officer or assistant in the performance of his duties	Notices to be given
in writing.
under this Act must be given in writing either by delivering the same to such person, or by leaving the same at or posting the same addressed to him at his usual or last known place of abode or business in Western Australia, or, if he is unknown or cannot be found in Western Australia, then by affixing such notice in a conspicuous place on the land to which such notice relates.

15.

16. NO person shall be entitled to any compensation whatsoever Per sons not entitled

M respect of anything done by any inspector or other authorised to compensation.

officer or assistant in the discharge of his duties under this Act, or in

respect of any measure taken in order to eradicate or prevent the

spread of disease or carry out the provisions of this Act, or in respect

of any loss or injury that may directly or indirectly result therefrom.

17.

EVERY person commits an offence against this Act who, directly or indirectly, by himself, his servant or agent,— Offences.

62° VICTORI1E No. 27.

Insect Pests—Amendment.

(n.) Sells or offers or exposes for sale any plant, fruit, or pack- age which is diseased or infected, or (except under the direction of an inspector or other authorised officer) brings or suffers the same to be brought upon, or removes or suffers the same to be removed from his premises ; or

(2.) Sells or offers or exposes for sale any plant, fruit, or thing which has been introduced into Western Australia in breach of any Proclamation under this Act, or (except under the direction of any inspector or other authorised officer) brings or suffers the same to be brought upon, or removes or suffers the same to be removed from his premises ; or

Does or attempts to do any other act in breach of this

(3.)

Act or of any Proclamation, Order in Council, or

Regulation under this Act ; or

Fails or neglects to faithfully observe and perform any

(4.) duty or obligation imposed on him by this Act or by any Proclamation. Order in Council, or Regulation under this Act.

EVERY person who commits an offence against this Act is liable to a penalty not exceeding One hundred pounds.

Penalty. 18.

Recovery of19. ALL penalties under this Act shall be recovered in a

Penalties. summary way before a Stipendiary Magistrate alone, and upon

prosecution by an inspector. or some person authorised by him, or

by the Minister in that behalf

WHENEVER in any such prosecution knowledge must be shown, such knowledge shall be presumed, unless and until the contrary is proved and the defendant satisfies the Court that the want of knowledge was reasonable, and was in no way imputable to negligence on the part of himself, his servant or agent.

Proof of knowledge. 20.

Penalties, etc., to 21. ALL penalties and other moneys recovered or received

form part of Con-	under this Act shall be paid into the Public Account, and form part
solidated Revenue
Fund.	of the Consolidated Fund.

Payment of expense 22. ALL expenses incurred in the administration of this Act

incurred.

shall be paid out of moneys to be appropriated by Parliament for

that purpose.

Actions against	23.	(1.) NO action shall be brought against any inspector, or
officers to be com-

menced within two	other authorised officer or assistant acting in execution of this Act,
months of cause.	for anything clone hi pursuance hereof or under the authority hereof,

62° VICTORIJE, No. 27

Insect Pests—Amendment.

unless such action is commenced. within two months after the cause of action arose, nor unless, at least one month before the action is com- menced, notice in writing of intention to commence the same, and of the cause thereof, and of the damage claimed, is given to the defendant.

(2.) The defendant in any such action may give this Act and any special matter in evidence.

24. THE Governor by Order in Council gazetted may from Reeulations.

time to time make such regulations as he deems necessary for any

part of the purposes following, that is to say:—

Prescribing the manner in winch diseased plants or fruit and infected packages shall be treated, cleansed, destroyed, or otherwise disposed of.

(2.) Providing for the registration of all orchards, vineyards,

and nurseries.

(3.)

Prescribing the matter in respect whereof fees shall be

payable under this Act, fixing the amount of such fees,

and the mode of the payment and the recovery thereof.

(-• And generally for any other purpose for which regulations

are contemplated by this Act, or which he deems

necessary in order to give full effect to this Act.

25. THE Destructive Insects and Sid)stances Act, 1880, and R epeal of Viet. ,

the Insect Pests Act. 1894 are hereby repealed : No. 5, and 5 8 Viet.,

Provided that all Proclamations and Orders in Council made No . 32 .

thereunder and in fore: at the time M: the coming into operation of this Act shall be chimed to have been made under this Act, and shall continue in force until revoked under this Act.

26. ANY person feeling aggrieved by any order or conviction

under this Act shall be entitled to appeal therefrom to the Court of General or Quarter Sessions or to the Supreme Court in the manner and form and in the terms respectively which are prescribed by the law in force for the time being with reference to appeals.

the name and on behalf of the Queen I. hereby assent

to this Act.

ALEX. C. ONSLOW, Governor's Deputy.

By Authority: A. CURTIS., Acting Government Printer, Perth.