Noxious Weeds Act Amendment Act 1972 (WA)

WESTERN AUSTRALIA

NOXIOUS WEEDS.

No. 51 of 1972.

AN ACT to amend the Noxious Weeds

Act, 1950-1971.

[Assented to 2nd October, 1972.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Noxious shoo=ttitle

Weeds Act Amendment Act, 1972. citation.

(2) In this Act the Noxious Weeds Act, 1950-1971 Reprinted

Acts, as

is referred to as the principal Act.

amended by

Acts Nos.

33 of 1963,

(3) The principal Act as amended by this Act may 14 oc;f19695'

be cited as the Noxious Weeds Act, 1950-1972.	of 1970 and
21 and 96
15 of 1971.

No. 51.] Noxious Weeds. [1972.

Commence-

ment. 2. This Act shall come into operation on a date

to be fixed by proclamation.

Section 3

amended. 3. Section 3 of the principal Act is amended

(a)	by substituting for the passage "ss. 8-25" in line five, the passage "ss. 8-25A";
(b)	by substituting for the passage "ss. 20-25" in line eleven, the passage "ss. 20-25A"; and
(c)	by adding after the arrangement of PART VII, the heading "PART VIII.—s. 68— SAVINGS." .

Section 5

amended. 4. Section 5 of the principal Act is amended by adding before the interpretation "Protection Board" an interpretation as follows

"prohibited material" means

(a)	a primary or secondary noxious weed;
(b)	any part of a primary or secondary noxious weed; or
(c)	the seed of a primary or secondary noxious weed,

and includes any packet, parcel, packing material, seeds, soil, vegetable matter or other substance in or with which that weed, part of a weed, or seed is packed or associated; .

Section 7

amended. 5. Subsection (2) of section 7 of the principal Act is amended by substituting for the word "him" in line four, the word "it".

Section 26	6. Section 26 of the principal Act is repealed and
repealed

and	re-enacted as follows
re-enacted.
Prohibition

of intro-	26. Any person who for any purpose, or in
duction or

spread of any manner brings any prohibited material

primary or secondary noxious	(a) into the State from elsewhere; or
weeds.
1972.]	Noxious Weeds. [No. 51.

(b) into any part of the State from some other part of the State,

commits an offence.

Penalty: Two hundred dollars. .

Sections

7. The principal Act is amended by adding 26A and 26B added.

after section 26 sections as follows-

Govern-

26A. Any animal or thing which is intended

ment

inspector

to be, is being, or has been brought

may detain

and deal

With con-

(a)	into the State from elsewhere; or	taminated animals Or things.
(b)	into any part of the State from some other part of the State,

and which is found by a Government inspector to carry or contain prohibited material, may be detained and dealt with in accordance with the regulations.

Interpre-

26B. (1) In sections twenty-seven and

tation and

declara-

twenty-eight of this Act tions.

"coat" means wool, or the coat of a

restricted animal;

"fodder" means hay, chaff, meal or grain or any animal feed preparation of which hay, chaff, meal or grain is an ingre- dient or to which the provisions of sections twenty-seven and twenty- eight of this Act are declared to apply;

"machinery" means a vehicle or machine which has been used for agricultural, excavation or earthmoving purposes; "restricted animal" means a sheep, a bovine

or equine animal, or any other animal to which the provisions of sections twenty-seven and twenty-eight of this Act are declared to apply;

"sack" means an empty, used sack;

"wool pack" means an empty, used wool

pack.

No. 51.] Noxious Weeds. [1972.

(2) The Protection Board may from time to

time by declaration

(a)	declare that the provisions of sections twenty-seven and twenty-eight of this Act apply to such animal feed prepara- tions and animals as it thinks fit; and
(b)	vary the provisions and operation of a declaration made pursuant to the power conferred by this section by can- celling those provisions and that opera- tion wholly or in part absolutely, or by cancelling those provisions and that operation wholly or in part and sub- stituting other provisions and their operation for those so cancelled. .

Section 27

repealed	8. Section 27 of the principal Act is repealed and
and

re-enacted.	re-enacted as follows-
Notice to

be given	27. (1) A person shall not bring or receive
of import

of certain

into the State from elsewhere any coat, fodder,

animals and

things.

machinery, sack, wool pack or restricted

animal without first giving

(a)	notice, in the manner prescribed, of his intention to do so; and
(b)	such particulars relating to that coat, fodder, machinery, sack, wool pack or animal as may be prescribed,

to the Protection Board.

(2) All coats, fodder, machinery, sacks, wool packs and restricted animals entering the State from elsewhere shall immediately on arrival be delivered into the custody of a Government inspector.

(3) A person who contravenes or fails to com- ply with a provision of subsection (1) or (2) of this section commits an offence.

Penalty: Two hundred dollars. .

1972.] Noxious Weeds. [No. 51.

9. Section 28 of the principal Act is repealed and Zgar and

re-enacted as follows— re-enacted,

28. (1) A person who becomes the owner of, person

or takes possession or control of any coat, gr.scroll

fodder, machinery, sack, wool pack or restricted ?if, frenrtaif4i.

animal shall examine it or cause it to be inhLpngttibr. examined for the presence of prohibited and report

material.	noxious
weeds.
(2) Where an examination carried out as required by subsection (1) of this section dis- closes the presence of prohibited material the person referred to in that subsection shall notify the Protection Board or a Government inspector giving details of

(a)	the number and description of coats, sacks, wool packs or animals affected and the place where they may be inspected; or
(b)	the quantity and description of fodder or machinery affected and the place where it may be inspected,

and describing the prohibited material which

has been found.

(3) Any coat, fodder, machinery, sack, wool pack or animal mentioned in a notification given under the provisions of subsection (2) of this section may be inspected by a Government inspector.

(4) A person who contravenes or fails to com- ply with a provision of subsection (1) or (2) of this section commits an offence.

Penalty: One hundred dollars. .

No. 51.] Noxious Weeds. [1972.

Section 29

repealed	10. Section 29 of the principal Act is repealed
and

re-enacted.	and re-enacted as follows-
Destruction

or disposal	29. (1) An inspector who discovers or is
of noxious

weeds.	notified of the discovery of any prohibited material may seize and destroy that prohibited material forthwith or may notify the Protection Board of the discovery.
(2) On being notified under the provisions of this section or of section twenty-eight of this Act of the discovery of prohibited material, the Protection Board may cause the prohibited material to be destroyed or otherwise dealt with, or may direct that the prohibited material be destroyed or otherwise dealt with by the owner, consignor, consignee or person in possession, or control of it.

(3)

A plant may be dealt with under this section notwithstanding that the plant may not be declared a primary or secondary noxious weed in respect of the part of the State in which the plant is discovered if the plant is declared a primary or secondary noxious weed in respect of any part of the State. .

Section

31A added. 11. The principal Act is amended by adding after

section 31 a section as follows-

Power to

stop and	31A. (1) A Government inspector may at
search con-

veyances or	any time stop any conveyance or vessel and,
vessels.	with or without assistants, enter into or upon the conveyance or board the vessel and thoroughly search and inspect the same and every part thereof, and everything in or on the same, in order to ascertain if any prohibited material is in or upon that conveyance or vessel.

1972.] Noxious Weeds. [No. 51.

(2) A person who, being in charge of a con- veyance or vessel, fails to stop the conveyance or vessel when required to do so by a person who makes himself known as being a Govern- ment inspector, commits an offence.

Penalty: One hundred dollars. .

12. Section 49 of the principal Act is amended— =n i °dne

(a) by adding after paragraph (n) of subsec- tion (1) a paragraph as follows-

(na) the shearing or clipping of wool or other animal coats known or likely to be carrying the seeds of primary noxious weeds; ;

(b) by adding after paragraph (q) of subsec- tion (1) a paragraph as follows

(r) the prevention of the introduction into the State, or into any part of the State from some other part of the State, of any prohibited material, and, without limiting the generality of the foregoing,—

(i)  the shearing or clipping of wool or other animal coats known or likely to be carry- ing the seeds of primary or secondary noxious weeds;

(ii)  t h e inspection, detention, cleansing treatment and dis- posal by release, export from the State, sale, destruction or other means, of animals or things found or likely to carry or contain prohibited material; and

(iii)    the recovery by the Protection Board from the owner, con- signor, consignee, or person in possession or control of any

No. 51.] Noxious Weeds. [1972.

animal, thing or prohibited material, of the expenses in- curred by officers and other employees of the Protection Board in connection with that animal, thing or prohibited material. ; and

(c) by repealing subsection (3) and re-enacting (3) Any regulation made under this section may impose a maximum penalty only or a maximum penalty and, also, a minimum penalty irreducible in mitga- tion for any breach thereof, but no maximum penalty for any offence shall exceed two hundred dollars. that subsection as follows

Heading

added. 13. The principal Act is amended by adding after

section 67 the heading "PART VIII.—SAVINGS.".