Marsupial Boards Act, 1897, Amendment Act, 1901 (1 Edw VII No. 18) (Qld)

LOCAL AUTHORITIES-MARSUPIALS. 1 EDw. VII. No. 18,1901. . Zffarsupial Boards Act. 8173 The following words are in like manner added to section one hundred and sixty-seven of " The Local Govern- ment Act of 1878" *:- "(xxix.) Declaring any weed or plant to be a noxious weed or plant, and to be a nuisance within the meaning of this Act." MARSUPIALS. An Act to Amend "The Marsupial Boards Act, 1897," and 1 Edw. VII. to con t l · nue the opera t I ' on th ereo f . N T o H . E 18. MARSUPIAL [ASSEN1'ED TO 24TH DECEMB Il,R, 1901.] BOARDS AOT, B 1897, AMEND- E it enacted by the King's Most Excellent Majesty, ~ IENT AOT, by and with the advice and consent of the Legis- 1901. lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as " The Marsupial Boards Short title Act, 1897, Amendment Act, 1901," and shall be read and ~ ~: struetion. construed with and as an amendment of" The Marsupial Bom'ds Act, 1897,"t hereinafter called the Principal Act. 2. The operation of the Principal Act is hereby con- A?,e~dl~ent-, tinued, and as amended by this Act shall remain . in force fe~ ~ : lpal until the first day of January, one thousand nine hundred ~ ontinuane& an d fi ve. for three years. From and after the firAt day of January, one thousand Repe.al of nine hundred and two, " The Marsupial Boards Act, 1897, ~ ~ ~ t~ : Oontinuation Act, 1900, " ~ shall be repealed. 3. From and after the first day of April, one thousand A. mer; d~ ent nine hundred and two, paragraph (a) of the definition of~ e~ r: ~ ~ ~ pal "Scalp" in section two of the Principal Act shall be ' repealed, and the following provision shall be inserted in lieu thereof :- With respect to marsupials, means and includes a strip of the skin down the face, with both ears and both nostrils attached. The following definition is added to the said section : - "Year"-The period of time from the first day ofYcal'. •July to the next following thirtieth day of June, inclusive. 010 42 Vie. No. 8; supra, page 1330. t 61 Vie. No. 18, supra, page 6343. :t 64 Vie. No. 16, supra, page 7364.

8114 MARSUPIALS. Marsupial Boards Act. 1 Enw. VII. No. 18, 4. (1.) Section ten of the Principal Act is repealed, and the following section is inserted in lieu thereof:- 13iennial 10. An election of members of every Board shall be ~cl~~ ons to be held before the thirtieth day of June in every alternate year. Rules as to The Second Schedule to this Act shall be read and elections. construed and shall have effect as part of this Act, and Schedule U. the rules, forms, and directions therein contained shall. as to all matters to which they extend, regulate the pro- ceedings in relation to all elections held in pursuance of this Act. (2.) The Schedule to this Act is inserted as the Second Schedule to the Principal Act. .Amendment 5. In section sixteen of the Principal Act, the words oAfctP,rsi.nc1i6p.al "and shall be conducted in such manner as the Board shall determine" are repealed, and the words "as the .Board shall determine, and shall be conducted in the manner hereinbefore prescribed with respect to biennial ·elections" are inserted in lieu thereof. _1tmendment .of Principal Act, s. 19. 6. In subsection one of section nineteen of the Principal Act, after the word "Board" where it first occurs~ the words" which shall be held within one month" are inserted. The following provision is addf'd to the said subsec- tion :- "The } ~oard may grant to the chairman a reason- able sum by way of remuneration for his services as such chairman." l'ower·to employ scalpers. 7. The following provision is inserted after section twenty-three of the Principal Act:- 23A. The Board, whenever it thinks it necessary so to do, may employ persons to carry out the d\~struction of marsupials or dingoes, and may issue permits to such persons to enter and remain upon any holding for the purpose of such destruction. All the provisions of the last preceding section relating to permits issued there under shall apply to permits issued under this section. The Board may pay to persons so employed such wages and allowances as it thinks proper. All skins of marsupials and dingoes obtained by sach persons shall be the property of the Board, and shall be dealt with as it thinks proper.

M.ARSUPIALS. 81:75 1901. I Marsupial Boards Act. 8. In sections twenty-five and twenty-seven of the .Ame~dn;tent Principal Act, the words "two shillings and sixpence," fc~ r: . ~ ~ 2' l. wherever those words occur, are repealed, and the words "'seven shillings and sixpence" are respectively inserted in liell thereof. The following provision is added to the said section twenty-five :- Provided further that no assessment shall in any case -exceed five shillings for every twenty head of cattle or o(i)ne hundred sheep, unless the approval of the Minister is ·Qbtained in that behalf. 9. In section thirty of the Principal Act, after the Amendment word "Clerk" the words "or nearest Clerk of Petty A of ct P , r s i . n 3 c 0 ip . al :Sessions" are inserted. 'J he following provision is added to the said section ; - When payment of assessment is made to a Clerk of Petty Sessions the amount thereof shall forthwith be transmitted by him to the Clerk of the Board. 10. The following provision is added to section thirty- .Amendment 1. irirt:rt .one of the Principdl Act: "and such asse~ sment and penalty shall be and remain a first charge upon the holding, not- c, I. withstanding any change that may take place in the -ownership of such holding." . 11. The following words are added to clause thirty- AmeJ?-dn;tnt n~ ne of the Principal Act: "which consent shall not be A~ ~ r. .gIven unless the Board has levied an assessment of one shilling and threepence on every twenty head of cattle and one shilling and threepence on everyone hundred sheep in the District or ~pecial District, as the case may be," 12. Section thirty-four of the Principal Act is repealed, .Amount of and the following section is inserted in lieu thereof :_. endowment. 34. A sum of money by way of endowment shall from time to time be placed to the credit of the Marsupial Fund from the Consolidated Revenue in accordance with the following scale :- (1) When the amount actually levied and raised by assessment and the amount actually expended in respect of any year is not less than seven :shillings and sixpence for every twenty head. ()f cattle and everyone hundred sheep in the District or Special District, the endowment payable shall be a sum equal to one and one- half times the amount so levied, raised, and expended;

8176 MARSUPIALS. Marsupial Boards Act. 1 EDW. VII. No. 18, (2) When the amount actually levied, raised, and. expended in respect of such period is less than seven shillings and sixpence but is not less than five shillings for every twenty head or cattle and everyone hundred sheep, the endow- ment payable shall be equal to the amount so- levied, raised, and expended; (3) When such amount is less than five shillings. but is not less than two shillings for every twenty head of cattle and everyone hundred. sheep, the endowment payable shall be a sum equal to three-fourths of such amount; (4) When such amount is less than two shillings- but is not less than one shilling and threepence for every twenty head of cattle and everyone- hundred sheep, the endowment payable shall be a sum equal to one-half of ~ mch amount; (5) When such amount is less than one shilling' and threepence, but is not less than sixpence for every twenty head of cattle and everyone- hundred sheep, the endowment payable shalt be a sum equal to one-fourth of such amount; (6) When such amount is less than sixpence f01"" every twenty head of cattle and everyone hundred sheep, no endowment shall be payable. Amendment 13. In section thirty-eight of the Principal Act, afte1""- of Principal the word "marsupials" the word~ "nr dingoes" are: Act, 5.38. inserted. The following provision is added to the said section ; - Provided further that no certificate shall be granted in respect of any scalps which are not delivered to the clerk or receiver within three months after the destruction of the animals from which such scalps were obtained. A.mendment 14. (1.) Section forty-one of the Principal Act is:. of Principal repealed. Act, 88.41,42. (2.) In the first paragraph of section forty-two of the- Principal Act, after the word "marsupials" the words; "or dingoes" are inserted. The following words are added to the second para- graph of the said section: "and not less than one shilling for the scalp of a dingo, irrespective of age." Manner of 15. In all copies of the Principal Act hereafter printed ::eW:3!ents. by the Government Printer, all repeals and amendments of the provisions of the Principal Act made by this Act

MARSUPIALS. 1901. Marsupial Boards Act. or by any Act hereafter to be passed shall be omitted and inserted, as the case may be, and reference shall be made in the margin of the Principal Act to the sections of the Acts by which such repeals or amendments are respectively made. 8177 THE SOHE DULE. [Schedule IL of the Principal Act.] 1. The clerk shall, in every alternate year, as soon as practicable Clerk to after the thirty-first day of March next prE'ceding the election of members pr~ pare a list uuder the provi!lions of this Act, prepare an alphabetical list containing of electors. the Dame and particulars of the place of abode of every person who is entitled to vote at elections of members, and, in such list, shall set opposite the name of every person the number of votes to which he is entitled. Such list shall be certified by the clerk by writing under his hand to be correct, and, when so ceOrtified, shllll be conclusive evidence of the right of every person named therein to vote. 2. The said list, when so certified as aforesaid, shaH be delivered by List so the clerk to the returning officer hereinafter mentioned, and shall be the prepared to roll of electors to be used at every election, and such roll shall continue fonn the roll in force until a new roll is made. of electors. 3. For the purposes of every election the Board shall from tiTne to Board to time appoint a returning officer who shall, subject to the right to resign appoi,,:t his office by writing under his hand addressed to the chairman of the returnmg Board, hold office during the pleasure of the Board. officer. 4. TweJilty-eight clear days before the day appointed for any election, Notice of the returning officer shall give public notice of such election by advertise- election. ment in some newspaper generally circulating in the District or Special District, and, by such llOtice, 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. 5. In order that any perl:!on may become a candidate at such election, Nomination. he shall be nominated 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 at the place aforesaid, to the returning officer, a nomination-paper in the following form, or to the like effect- We, the undersigned electors of the Marsupial District [or Special Marsupial District] of , hereby nominate [statinoq Ohristian and surname], of , for the office of member of the Mmmpial Board of the said District [£n the case of an extraordinary vacancy, add, in the place of A.B., deceased, or as the case may be]. Dated the day of , 19 [Here are to follow the Signatures.] And such nomination-paper shall be signed by not less than three persoIls entitled to vote at the election: Provided that no person shall be nominated as a candidate whose name is 110t contained in the roll of electors entitled to vote at the election; or who is not a member of a firm, the name of which is contained

8178 MARSUPIALS. Marsupial Boards Act. 1 EDw. VII. No. 18, in such roll; or who is not the manager, secretary, or othf'r duly appointed officer or agent, or a member. of a corporate body the name of which is contained in soch roll. Result if only 6. If, at the expiration of the time limited for the nomination of 8ufficient candidates, the number of candidates does Dot exceed the number of number members to be elected, the returning officer shall, at noon on the day nominated. of nomination, at the place named for the delivery of Domination-papers, publicly declare such candidates to be duly elected, and they shall be deemed to be duly elected accordingly. Result if more ';. If, at the expiration of the time limited for the nomination of nominate~ candidate"" the number of candidates exceeds the number of members : ~ n r~ q~~ d to be elected, the returning officf>r ",hall, at Doon on the day of nomination, e e ec e . at the place named for the delivery of nomination-papers, publicly announce the names of the candidates, and the place at which a poll will be taken, and shall also forthwith ~ ive public notice by advertisement, in some newspaper generaily circulating in the District or Special District, stating the names of the candidates, and that a poll will be taken for the election of such memberR on the day appointed for holding the election, and naming such day and the polling-place. Substitute R. If the returning officer is prevented from attending to any of his for returning duties by illness or other sufficient cause, he may, or, in case of his refusal officer. or inability, the clerk shall, by writing under his hand, appoint a substitute to act for him. And such substitute shall thereupon for the time being have, perform, and be subject to all the powers, authorities, duties, and liabilities of the principal. Voting· papere. 9. Forthwith after a poll stands appointed for any election, the returning officer shall transmit by post to every person entitled to vote at the election a printed or written, or partly printed and partly written, voting-paper, or, if a voter appears by the roll of electorll to be entitled to give more votes than one, then so many voting-papers as are equal t.o the number of votes which such voter appearR to be entitled to give. The envelopes containing the voting-papers, so posted by the returning officer, shall be endorsed with the words "Voting-paper, Marsupial Board," and shall be transmitted post free, any statute to the contrary notwithstanding. Every voting-paper shall contain the names in full, in alphabetical order, of all the candidates, and shall be in the following form or to the like effect, and shall be initialled by the returning officer : - VOTING PAPERS. [This 'Voting-paper, having been completed and signed before some other person entitled to vote at the same election, a justice of the peace, or the returning officer, must be placed in a closed envelope, addressed to the retwrning officM', and endorsed " Voting Paper," and be transmitted to the place of nomination throu.qh the post.J A.B. (initials of Returning OfficM'). Marsupial Board of I [Christian and surname in foil] of am an elector of this Marsupial District, and am entitled to vote at the election of [insert number 0/ members to be elected] member of the Board, which is to take place at [state place of nomination] and closes on the day of 19 Witness- Elector. Elector (or J.P., or Returning Officer).

1901. MARSUPIALS. Marsupial Boards Act. 8179- NAMES OF CANDIDA'rES. (Strike out the names of the candidates for whom you do not wish to vote. Doe, John Jones, James Roe, UIChard Thompson, Henry 10. Every voting-paper so transmitted to a voter shall be accom- Envelope. panied by an unsealed envelope, addressed to the returning officer at the polling-place and endursed, "Voting--paper, Marsupial Board." n. In printing voting-papers regard shall be had to the following Printing rules, that is to say,- voting· (a) The name of every candidate shall be printed in plain capital papers. letters of not Rmaller than pica type; (b) The name of one candidate only shall be printed in one line; (c) On each side of every such line there shall be a blank space of not le~ s 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; (l!) If two candidates have the same ~ urname and C;hristian name, the residence and occupation of each such candidate shall be added to his name. 12. Before posting the voting-papE'rs the returning officer shall cause Filling ~ p the form of declaration on each voting-paper to be filled in with- declaratlOn .. Ca) The Christian name and l'!U1'Ilame in full, when known, of the person entitled to vote; Cb) The place of residence or place of business of the person entitled to vote; (c) The polhng-place; Cd) The number of members to be elected; and (6) The date on which the poll will close. 13. If a candidate desires to retire from his candidature he may, Retirement... before the voting-papers are posted, sign and deliver to the returning officer or to the clerk, a notice in the following form, or to the like effect :- I, A.B., hereby r('\tire from being a candidate at the election of members of the Marsupial Board, to be held on the day of next [or instant]. Dated this day of , 19 Witness: C.D. (Signed) A.B. The returning officer, on receipt of such notice, shall make known as pnblicly as possible, by advertisement or otherwise, the fact of such candidate's retirement; and if the number of candidates is, by his retire- ment, 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 fro~ the voting- papers. 14. After posting the voting-papers, the returning officer shall pro- Ballot-box... vide a locked ballot-box, with a cleft or opening therein capable of receiving the voting-papers, and he shall forthwith place such ballot-box

8180 MARSUPIALS. Marsupial Boards Act. 1 EDW. VII. No. 18, Mode of 1'oting. Illiterate 1'oter. 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 retur-n- ing 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. 15. The person voting shall strike out from the voting-paper the name of every candidate for whom he does not wish to vote; and ~ hall 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, Marsupial Board," and shall transmit the same by post, and any envelope so endorsed shall be transmitted post free, any statute to the contrary notwithstanding. 16. The signature or mark of a person voting, who cannot write, must be attested by It justice of the peace or by the returning officer. No person who cannot write shall be competent to attest the signature of a person voting. Duplicate 17. At any time before three o'clock in the afternoon of the day voting-paper. appointed for closing the poll, the returning officer may issue a second or duplicate voting-paper to any person entitled to vote, whose original voting-paper has miscarried or has been detltroyed. 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. Returning officer may assist voter. 18. The returning officer may, at the request of a person voting, strike out from the voting-paper the name of any candidate for whom such person does not wish to vote, and may attest the signature of such person j but the returning officer shall not personally receive any vote except through the post, as hereinbefore provided. Dutv of postmaster. 19. The postmaster at the place of nomination shall cause to be deposited in the ballot-box every post letter addrest'len to the returning officer, and endorsed "Voting-paper, Marsupial Board," which is posted or received through the post between the day of nomina- tion and four o'clock in the afternoon of the day appointed for closing the poll, notwithstanding that such letter is unstamped. Deliverv up of 20. At four o'clock on the day appointed for closing the poll the ballot· b' ~ x. returning officer shall demand from such postmaster, and, if required to do so, shaH give to such postmaster a written receipt for the ballot-box, and shall forthwith convey the same to the polling-place. Count, &c. 21. The returning officer "hall then and there, in the presence of the poll clerk (if ally) ancl of such candidates and scrutineers (of whom each candidate may, by writing under his hand, appoint one) as may attend, examine and count tho number of votes for each candidate, and shall make out a written statement, signed by himself and countersigned by the poll clerk (if any), and 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 pos>ible, 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, 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.

MARSUPIALS. 8181 :1901. Marsupial Boaras Aot. At the time of opening the ballot-box the returning officer shall produce, for the information of the scrutineers, an al phabetical list, signed by him, ,,<>f all persons to whom he has posted or i~ sued voting-papers. 22. At the examination of the voting-papers, every voting-paper Informal vote. -which- (a) Does not bear the initials of the returning officer; or Cb) Is not signed by the voter and attested as hereinbefore prescribed; or (0) It! manifestly irregular; or Cd) Contains a greater number of names of candidates not struck out than the number of members to be elected; 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. 2R. At the examination of the voting-papers, the returning officer Marking list. "Shall, upon the proper alphabetical list, make a mark against the name of -every person who voted by a voting-paper. 24. If the number of votes for two or more candidates is found to Ca,ting votes. ~ e 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. 25. The returning officer shall forthwith, after the declaration of Sealing up the result of the election, make up in one packet all the voting-papers, ballot-papers, together with the alphabetical list aforesaid, signed by him as aforesaid, &c. .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 ~ o sealed, a description of the contents thereof, and shall sign such endorsement with his name; and Rhall cause such 13ealed 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 votes, in any court of justice upon production thereof, and upon proof that the sallle were transmitted to the derk in due course by the returning officer. 26. 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 what 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 auswer. Every such returning officer, scrutineer, or other person who knowingly and wilfully offends against the proviSIOns of this subsectIOn shall be liable to a penalty not exceeding one hundred pounds. Any scrutineer who makes any mark upon any list of per~ ons entited to vote at an €lection, or makes or write" any note or memorandum denoting, or wherehy he can know 'Or remember, for what candidate any person voting has voted at an election, shall be liable to a penalty not exceeding one hundred pouuds. 27. The returning officer shall have power and authority to maintain Maintenanc and enforce order and keep the peace at any election held by him, and, of order. wlthout any other warrant than this Act, to cause to be arrested and rellloved and taken before a justice of the peace any person not entitled

8b2 MARSUPIALS-MEAT AND DAIRY PRODUCE. Meat and Dairy Produce Encouragement Act. 1 EDw:VII. No. 22, 1901. Mi@feaplmce of returning officer. Expenses. to be in the poIling-place who intrude!! into the same; or who obstructs the approacheR to the polling-place or otherwise conducts himself in a dillorderly manuer; and every such person shall he deemed to be a. disorderly person within the meaning of the laws in force relatin~ to disorderly perllons, and may be dealt with by such justice accordingly. 28. If the returning officer is guilty of any wilful misfeallance or wilful or ne~ ligent act of commission or omission contrary to any of th& provisions of thilO Act, he shall be liable to a penalty not exceeding fifty pounds. 29. All reasonable expenses of or incident to any election, incurred by the returning officer, shall be repaid to him by the Board out of th& Marsupial Fund. MEAT AND DAIRY PRODUCE. 1 Edw. VII. An Act to Amend" The Meat and Dairy Produce Encourage- T: ~ : ~ T ment Acts, 1893 to 1896." BE . a. ; ~ o~ ~ : y ~ l~ G~; [ASSENTED TO 31ST DECEMBER, 1901.] it enacted by the King's Most Excellent Majesty~ 1901. by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the 8ame~ as follows : - Short title and 1. This Act may be cited as " The Meat and Bairy construction. Produce Encouragement Act of 1901," and shall be read and construed with and as an amendment of " The Meat and Bairy Produce Encouragement Acts, 189:1 to 1895";· and this Act and those Acts may together be cited as " The Meat and Bairy Produce Encouragement Acts, 1893 to 1901." ., The Jleat and Bairy Produce Encouragement Act of 1893 "t is hereinafter referred to as the Principal Act. Expenses of 2. The following provision is added to section seven atidomn.inistra· of the Principal Act : - 'l'he Board may from time to time defray out of the Meat Fund and Dairy Fund, charging to each Fund such amount as may be deemed proper, all expenses necessarily incurred by it for salaries and allowances to its secretary and other officers and otherwise in connection with the administration of this Act. In such expenses may .be included any allowances to the members of the Board for expenses incuned by them in attending its meetings. This section shall be read and construed as if it had been a part of the Principal Act at the passing thereof, and all payments heretofore made by the Board in accordance with the provisions thereof are hereby validated. iF 57 Vie. No. 11, supra, page 4860; 58 Vic. No. 28, supra, page 5001; 59 Vic. No. 6, supra, page 5669. t 57 Vie. No. 11, supra, page 4860.