Noxious Microbes Act 1900 (NSW)

Act No. 23 , 1900.

An Act to consolidate the enactments relating noxiols micros-

to the communication of Infections Diseases	̂
to Animals. [22ad September, 1900.]

it enacted by the Queen’s Most Excellent Majesty, by and with J j the advice and consent of the Legislative Council and Legislative Assembly of New South AVales in Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the “ Noxious Microbes Act, 1900.” short title

Act No. 23, 1900.

Noxious Microbes.

Re|>ea^ 2. The Act fifty-first Victoria number thirty is hereby repealed.

Savings.	3. (a) Every license granted under the Act hereby repealed and existing at the passing of this Act shall continue in existence as if it had been granted under this Act, and shall bo deemed to have been granted hereunder.
(b) Every notification made under the Act hereby repealed, the operation of which is not exhau^ed at the passing of this Act, shall be deemed to have been made under this Act.

Interpretation. 4. Ill tlfis Act, unless the Context or subject-matter otherwise

51 Vic. No. 30, r. 2. indicates or requires,—

“ Infectious ” when used in reference to microbes, means capable of passing by natural means, whether by contact, infection, hereditary transmission, or through air, food, or water, or otherwise howsoever from animal to animal, whether such animals are of the same or different kinds, or from man to man, or from any animal to man, and whether such microbes pass and are propagated in the same or in altered forms.

“ Medium ” means any matter or preparation used to keep microbes

• alive.

“ Microbe ” means any micro-organism, mite, parasite, or other

minute form of life.

“ Minister ” means the Minister for Lands.

“ Noxious ” means capable of producing any disease or pestilence

in man, or in any animal.

Introduction and	5. It shall be unlawful for any person, not holding a license from
keeping of certain

microbes declared

the Minister as hereinafter provided, to introduce into New South

illegal.

Wales, or to receive when introduced, or to keep or distribute any

Z6U. a. 3.

noxious and infectious microbes or any substance or medium impreg­

nated therewith, or to rear and i^ropagate any such microbes.

Inoculation of	6. It shall be unlawful for any person, not holding a license from
animals declared

illegal.

the Minister as hereinafter provided, to inoculate or otherwise infect

Zdid. s. 4.

any animal with any noxious and infectious microbes; or to keep any

animal when so inoculated or otherwise infected.

Kemoval of

7. It shall be unlawful for any person, not holding a license remove, or to drive from place to place an animal inoculated or otherwise infected with any noxious and infectious microbes; or to transport or remove the dead body, or any portion of the dead body, of any such animal when inoculated or otherwise infected as aforesaid, or to dispose of the same otherwise than by burning or boiling.

inoculated animals

declared illegal.

from the Minister as hereinafter provided, to let loose, or to send, or

Ziiti. s. 5.

License to introduce 3. The Minister may grant to any person whom he considers and keep microbes, qualified a license to introduce into New South Wales, or to receive Hid. s. 6.when introduced, and to keep any noxious and infectious microbes

specified in such license, or any substance or medium impregnated

therewith, and to rear and propagate and distribute the same:

Provided

Act No. 23, 1900.

Noxious Microbes.

Provided that no license under this section shall extend to the keeping of any such microbes in any other place than is specified therein, or to the sending or distributing of such microbes to any ])erson not holding a similar license.

9 . The Minister may grant to any person whom he considers Licen.se to inoculate

qualified a license to inoculate or otherwise infect, with any noxious

and infectious microbes specified in such license, any animals of t	h	e	'
kinds therein mentioned, and to keep such animals when so infected:
Provided that such animals shall be kept in security or confine­ ment at such ])lace or ])laces as may be mentioned in such license, and shall not bo sent or delivered to any person not holding a similar license.

1 0 . Every license granted under either of the two next preceding Conditions in and

withdrawal of

sections shall contain and bo subject to all such reasonable conditions	license.
as the Minister may think fit to insert therein, and may at any time	Ibid, s. 8.
be withdrawn; and upon notice of such withdi’awal, the person to whom such license was granted shall immediately destroy all such noxious and infectious microbes, and all such animals infected with the same, together with the microbes wiierewith they may be infected, as may have been kc})t or reared in pursuance of the license so withdrawn as afore­ said.

1 1 . The Minister after such inquiry and experiment as to him Approval of methods

may seem sufficient may a])i)rove bĵ notification in the Gazette of the

introduction, keeping, i>ropagation, and ap])iication of any kind of	'
microbes for the jmrpose of destroying rabbits or other wild animals;
Provided that no such ap])roval shall be notified nntil copies of the pro])osed notification hav(' lain for thirty days upon the tables of both Houses of Parliament without being objected to by a specific resolution;

Provided further that any such approval may in like manner .

be revoked. ., , ;

1 2 . After an a])proval of the use and application for the puiqiose Approved method.s

aforesaid of anv kind of microbes has been duly notified as hereinbefore to	exem pt from
provided, and until tlie same is revoked, any ])erson may introduce, keep,	̂
l>roi^agate, use, and otherwise deal with such kind of microbes for the	‘ ‘ '

])urpose aforesaid, as if this Act had not been passed; subject, however, '

to any regulations in that behalf which may be made under the Rabbit	,
Act of 1890, or any Act repealing or amending the same.

1 3 . (1) Any person not holding a valid license from the Minister offences against

who knowingly and wilfully does anything forbidden, or neglects to do Act to bo

anything enjoined by this Act, shall be guilty of a misdemeanour, and

shall be liable to a term of imprisonment not exceeding two years, or to	‘	'
a fine not exceeding one hundi'cd pounds.

(2) The burden of ])roving the holding of such license shall

be upon the person claiming to hold the same.

Act No. 23, 1900.

Noxious Microbes.

Indictment and	14. (1) In any indictment or information it shall be sufficient within the meaning of this Act without specifying the kind or the scientific name thereof, and such general description shall include and extend to any microbe or forms of microbes by which any given microbes may, in the course of nature, be succeeded.
proof.	to describe any given microbes as noxious and infectious microbes
51 Vic, No. 30, s. 12.

(2) Subsequent existence in the same or any substituted

medium or substance shall be evidence of such succession.

Evidence that 15. (1) The Minister may by notification in the Gazette declare

microbes are

noxious and	that any specified kinds of microbes are noxious and infectious within
infectious.	the meaning of this Act.
Ibid. s. 13.	(2) Upon any proceedings against any person not bolding a license as hereinbefore provided for any offence committed after the issue of such notification the same shall be evidence that the kinds of microbes therein described or referred to are noxious and infectious.
Burden of proof in	16. If it is proved upon the trial of any person not licensed as possession, and that he,has reared and propagated the same, or that he has habitually reared and propagated microbes of the same or of a similar kind, the burden of proving that such microbes are not noxious and infectious shall be upon such person.
certain cases.	hereinbefore provided that any microbes have been found in his
Ibid. s. 14.
Search warrants.	17. Any injustice of the peace, on information upon oath that there is reasonable ground to believe that any offence is lieing com­ mitted in any place against this Act, may is.sue his warrant authorising any officer or constable of police to enter such i)lace, and to search the same, and to take possession of an\" animals, vessels, substances, or media which are reasonably supected of being infected with or of containing any noxious and infectious microbes.
Ibid. s. 15.
destruction of
Seizure and	18. Upon the conviction of any person for an offence against which are reasonably suspected of being infected with, or of containing, any noxious or infectious microbes, shall be forfeit to the Crown; and
mierohes and	this Act, all animals, vessels, substances, and media in his possession,
infected animals.

• •• :‘d i

.’■i

the Minister may authorise any person to enter any premises where the

same are, and to destroy the same.

Restriction of

application of this	19. Nothing in this Act shall lie held to apply to the introduction, heretofore ordinarily used for the prevention of disease in man or in any domestic animal or of the like kind therewith, or to any microbes existing otherwise than in a state of artificial cultivation or preser­ vation.
Act.	receiving, keeping, propagation, or use of any lymph or other substance
Ibid. a. 17.

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Act