Pastures Protection (Amendment) Act 1943 (NSW)

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PASTURES PROTECTION (AMENDMENT)

ACT,

Act No. 21, 1943.

VI. An Act to amend the Pastures Protection Act,

Ho. ^9*8.

1 9 3 4 , as amended by subsequent Acts, in

certain respects; and for purposes con­ nected therewith. [Assented to, 5th July, 1943.]

BE

Pastures Protection (Amendment) Act.

203

1 3 E it enacted by tbe King’s Most Excellent Majesty,

2i, 1943.

r # by and with tbe advice and consent of the Legis­ lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1 . (1) This Act may be cited as the “ Pastures Shorttitio

Protection (Amendment) Act, 1943.”

dtetion.

(2) The Pastures Protection Act, 1934, as amended by subsequent Acts and by this Act, may be cited as the “ Pastures Protection Act, 1934-1943.”

(3) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

2 . The Pastures Protection Act, 1934, as amended by subsequent Acts, is amended—

Amendment

of Act No.

35,1934.

(a) (i) by omitting from the definition of “ Ear­ mark” in section four the words “ cut out

Sec. 4.

tation.)

(Interpre­

of” and by inserting in lieu thereof the

words “ made by eutting” ;

(ii)  by omitting from the definition of “ Holding” in the same section the words “ collection of adjacent lands constituting and” and by inserting in lieu thereof the words “ any collection of lands which are contiguous to each other or separated only by roads, rivers, creeks or watercourses and which constitute and are” ;

(iii)  by omitting from the definition of “Public watering-place” in the same section the word “ reserve” and by inserting in lieu thereof the word “ land” ;

(iv)  by inserting in the definition of “Travelling stock” in the same section after the words “ means stock” the word “ moved” ;

(b) by omitting from subsection one of section five

Sec. 5.

(Constitu­

the word “ proclamation” where lastly occurring

tion of

and by inserting in lieu thereof the word

pastures

protection

“ notification” ;

districts.)

'

(c) (i) by omitting from subsection six of section six the Avords “ cause an election to be held”

Sec. 6.

(Board.)

and by inserting in lieu thereof the words

»

“ direct the board to hold an election” ;

(ii)

204                  Pastures Protection (Amendment) Act.

So. 21, 1243.

(ii)

by inserting in subsection seven of the same section after the word “ month” where firstly occurring the words “ or within such longer period as the Minister may approve” ;

(iii)

by omitting from the same subsection the words a chairman or deputy-chairman shall hold office until his successor is elected” and by inserting in lieu thereof the words “ Subject to this Act a chairman or deputy chairman shall hold office for one year” ;

Sec. 8.

(d) (i) by omitting from paragraph (d) of sub­

ordinary

(Extra­

section one of section eight the words “ or

racancy.)

misdemeanour ’ ’;

(ii)    by inserting after paragraph (f) of the same subsection the following word and new paragraph;—

(g)

ceases to hold the qualification specified in paragraph (a) or in paragraph (b) of subsection three of section twelve of this Act” ;

(iii)  by omitting from subsection five of the same section the word “ Governor” and by inserting in lieu thereof the word “ Minister” ;

Sec. 11.

(e) (i) by omitting from subsection one of section eleven the words “ has not been exempted” and by inserting in lieu thereof the words “ is not exempt” ;

(Division

of districts.)

(ii)  by inserting in subsection two of the same section after the word “ section” the words “ and may on the like application and in the like maimer cancel any such exemption” ;

(iii)  by omitting from the same subsection the Avord “ Governor” and by inserting in lieu thereof the word “ Minister” ;

(m)

by omitting from the same subsection the words “ by the same or a subsequent like notification” and by inserting in lieu thereof the words “ and in the like

manner” ;

(f)

Pastures Protection (Amendment) Act.

205

i(f) by inserting immediately after subsection three No. 21, 1943.

of section twelve the following new sub­

Sec. 12.

section :—

(Qualifica­

tions.)

(3a) Where a district is divided into divisions

a person may be nominated for one division

only.

ig) (i) by inserting in section tw’’enty-one after the word “ determine” the words—

Sec. 21.

(Inspec­

“ The Governor may dismiss any inspec­ tor of stock.

tors.)

The Minister may for any cause which he deems sufficient temporarily suspend any inspector of stock. Where, following the suspension of any such inspector, he is subsequently dismissed he shall, unless the Governor otherwise directs, forfeit all salary except such as may have been due before his suspension.”

(ii)  by omitting from the same section where- ever occurring the words and figures “ Workers’ Compensation Act, 1926-1929” and by inserting in lieu thereof the words and figures “ "Workers’ Compensation Act, 1926-1942” ;

(h) by inserting in section twenty-two after the words “ vacancy is made” the words “ Where

Sec. 22.

inspector.)

(Temporary

for any reason it is desirable to appoint a person to act temporarily as an inspector of stock the Minister may appoint a suitable and qualified person, or a person who has retired from the office of inspector of stock to act temporarily as inspector of stock.”

(i) (i) by inserting in section twenty-four after the word “ secretary” wherever occurring the

Sec. 24.

'

(Other

oiSoers.)

1

words “ rabbit inspectors” ;

(ii)   by omitting from subsection one of the same section the words “ or the Minister” and by inserting in lieu thereof the words “ with the approval of the Minister. The board may for any cause which it deems sufficient tem­ porarily suspend the secretary. Where, following the suspension of the secretary, he is subsequently dismissed, he shall, unless

the

20G

Pastures Protection (Amendment) Act.

Mo. 21, 1943.

the board otherwise directs, forfeit all salary except such as may have been due before his suspension.”

Further

3 .

The Pastures Protection Act, 1934, as amended by

amendment ol

Act No. 35,

1934.            subsequent Acts, is further amended—

Sec. 27.

(a)

(i) by omitting subsection two of section twenty- (2) A board may by resolution decide to grant in any year a rebate of rate in accord­ ance with this section to occupiers of ratable land who make application for such rebate within the time fixed by the board.

(Liability

for rates.)

seven and by inserting in lieu thereof the

following new subsection:—

(ii)  by omitting from subsection three of the same section the words “ The board shall grant” and by inserting in lieu thereof the words “ Where a board decides to grant a rebate of rate in accordance with this sec­ tion the rebate shall be ” ;

Sec. 30.

(b) (i) by inserting in subsection one of section thirty after the word “ stock” where firstly occurring the words “ shown in the return furnished in pursuance of the provisions of section thirty-nine of this Act as being” ;

(Amount

of rate.)

(ii)  by omitting from subsection two of the same section the words “ the rate shall” and by inserting in lieu thereof the words “ or if the return required to be furnished in pur­ suance of the provisions of section thirty- nine of this Act is not furnished to the secretary of the board by the prescribed date the rate may” ;

(iii)  by omitting from subsection four of the same section the words “ two-thirds of a penny per head in the case of sheep” and by insert­ ing in lieu thereof the words “ one half­ penny per head in the ca'se of sheep and the rate made by a board for large stock and for sheep shall bear the same proportion to each other as the proportion the maximum rate prescribed by this subsection for large stock bears to the maximum rate so pre­ scribed for sheep” ;

(iv)

Pastures Protection (Amendment) Act.

207

(iv)  by inserting at the end of the same section No. 21, 1948. the following new subsection:—

(5) Where the rate calculated in accord­ ance with this section is less than two shil­ lings, the rate which shall be levied shall he two shillings.

(c) by omitting from subsection two of section See. 34.

1

thirty-four the word “ Auditor-General” and (Eemission

by inserting in lieu thereof the word

“ Minister” ;

(d)

by omitting from subsection one of section See. 39.

thirty-nine the words “ stock including” and by (Eeturns

inserting in lieu thereof the words ‘ ‘ all stock stock”)

upon such land and” .

4 .

The Pastures Protection Act, 1934, as amended by

Further

amendment

subsequent Acts, is further amended—

of Act No. 35»

1934.

(a) (i) by omitting from subsection three of section forty-one the words and figures “ Forestry

Sec. 41.

travelling

(Control o.f

Act, 1916-1933” wherever occurring and by

stock and camp ing

inserting in lieu thereof the words and

reserves.)

figures “ Forestry Act, 1916-1935” ;

;

(ii)

by omitting from subsection four of the same section the words “ for Lands” ;

(iii)

by omitting from the same subsection the words “ such Minister” and by inserting in lieu thereof the words “ the Minister” ;

(h) (i) hy inserting in subsection four of section forty-three after the word “ rate” the words

Sec. 43.

:1

(Eate.)

i

“or charge” ;

(ii)  by inserting in subsection seven of the same section after the words “ in respect of” the words “ which or” ;

(iii) by omitting from the same subsection the word “ sixpence” and by inserting in lieu

Sec. 44.

(Fee on

working large

stock.)

i

thereof the words “ one shilling” ;

'

(c) by omitting section forty-four;

;

(d) (i) by omitting from section forty-five the words “ for a period not exceeding one year

Sec. 45.

j

(Grazing

^

or such greater period as may in a particular

permits.)

case be approved by the Minister” ;

(ii).

208                  Pastures Protection (Amendment) Act.

Mo. 21, 1943.

(ii)

by inserting at the end of the same section the words “ Every such grazing permit shall be subject to the approval of the Minister” ;

Sec. 48.

(e) (i) by omitting subparagraph (ii) of paragraph

(Permits,

licenses, and

(a) of subsection one of section forty-

travelling

eight and by inserting in lieu thereof the in the case of working large stock of a carrier, drover or teamster a working large stock license in or to the effect of the prescribed form in respect of such stock ha's been issued by a board and is in force;

•tatements.)

following subparagraph:—

'

(ii)

(ii)  by omitting from paragraph (b) of subsec­ tion two of the same section the words “ from one run to another of the same owner by the most direct route where such runs” and by inserting in lieu thereof the words “ by the most direct route by their owner between two holdings occupied by him where such holdings” ;

'

(iii)

by inserting next after paragraph (c) of the same subsection the following new para­ graph :—

(d)

in such other cases as may be prescribed;

(iv)  by inserting next after subsection three of the same section the following new sub­ section :—

(3a) a working large stock license may be issued by a board to any carrier, drover or teamster in respect of any working large stock used by him. Any such license shall, unless sooner cancelled, remain in force for one year after the date of issue. Any such license shall be subject to such conditions as the board may think necessary.

The board may by notice in writing to the licensee cancel his license for any breach of the conditions of the license or of the provi­ sions of this Act or the regulations.

(v)

Pastures Protection (Amendment) Act.

209

'

(v)

by inserting in subsection six of the same No. 21, 1948. “ or circumstances” ;

(f) (i) by omitting subsection one of section forty- See. 49.

nine and by inserting in lieu thereof the (Stock start­

following

subsection:—

previous

(1) Where the owner of stock moves them

on a journey in respect of which a permit charge.)

or renewed permit under this Act is

required and within one month after the

stock have arrived at their destination he

desires to move them to another destination

he shall obtain a renewed permit for such

subsequent journey.

In respect of such subsequent journey there shall be paid by the owner of the stock a travelling charge at the rate pre­ scribed, which shall not exceed twopence for every hundred sheep or ten head of large stock per mile for the distance to be travelled under the renewed permit.

(ii)  by omitting from subsection two of the same section the words “ in his absence to” ;

(iii)  by omitting subsections three and four of the same section;

(iv)  by inserting in subsection six of the same section after the word “ special” the words “ and shall if so directed in any particular ease by the Minister” ;

I

(v)

by inserting in the same subsection after the word “ chairman” the words “ or secretary” ;

'

(vi) by inserting at the end of the same section (8) The regulations may prescribe the circumstances in which it shall not be neces­ sary for a renewed permit to be obtained under this section.

(

the following new subsections:—

(9) Any person who moves any stock on a journey in respect of which a renewed permit is required by this section shall, if such permit has not been obtained, be liable to a penalty not exceeding fifty pounds.

(g)

210                  Pastures Protection (Amendment) Act.

No. 21, 1943,

(g)

by omitting from section fifty-one the word

Sec. 51.

“ and” where firstly occurring and by inserting

(Travelling

stock to be

in lieu thereof the word “ or” ;

branded with letter “T.” )

Sec. 53.

(Stock not

(h) by omitting from section fifty-three the words the words “ or the secretary of the board or a member of the police force or a permit officer alithorised in that behalf by the board” ;

to be driven

a t night with­

“ of the board” and by inserting in lieu thereof

out consent.)

Sec. 65.

(Stock travel­

(i) by omitting from paragraph (a) of section fifty-

ling past

five the word “ five” and by inserting in lieu

holding: Notice

to occupier.)

thereof the word “ one” ;

Sec. 57.

(j) by omitting subsection one of section fifty-seven (1) All travelling stock shall be moved by the route specified in the permit, renewed permit or travelling statement which shall be the most direct route suitable for travelling stock leading to the place of destination.

(Eoute.)

and by inserting in lieu thereof the following

subsection:—

Sec. 58.

(k) (i) by inserting in subsection one of section

(Eate of

travel.)

fifty-eight before the word “ When” the

words “ Subject to this Act” ;

(ii)  by inserting in subsection two of the same section after the figures “ 1923” the words “ or from tho day of any One such inspection until the day of any other such inspection” ;

(iii)  by inserting next after the same subsection the following new subsection;:—

(2a) If, by reason of the condition of any stock, or by reason of any other circum­ stance which may be prescribed, it is impracticable to travel such stock the dis­ tance they are required to be travelled hy subsection one of this section or the average distance referred to in subsection two of this section, it shall be a sufficient com­ pliance with the requirements of this section if such stock are travelled such distance or such average distance, a's the case may be, as is reasonable in the circumstances.

(iv)

Pastures Protection (Amendment) Act.

211

(iv)

by omitting from paragraph (a) of sub­

No. 21, 1943.

section three of the same section the words “ or other unavoidable cause” and by insert­ ing' in lieu thereof the words “ fire, flood or other similar cause” ;

:

(1) (i) by inserting in section sixty-two after the word “ stock” where firstly and thirdly

Sec. 62.

stock to

(Permitting

occurring the words “ or working large

remain on

stock” ;

reserves.)

(ii)  by inserting in the same section after the words “ travelling stock reserve” the words “ under the control of the board” ;

:

(m) (i) by inserting in subsection one of section sixty-five after the word “ reserve” the

See. 65.

(Structures

or fences on

words “ under the control of the board” ;

reserves.)

(ii)  by inserting at the end of the same section the following new subsection:—

(4) The board may take down and remove from a travelling stock reserve any struc­ ture or fence erected thereon in contraven­ tion of subsection one of this section and may recover as a debt in any court of competent jurisdiction from the person who erected such structure or fence the cost of such taking down and removal;

(n) by omitting from paragraph (d) of subsection one of section sixty-six the words “ sufficient to

Sec. 66.

unlawfully (Stock

enclose the stock, pigs or goats” and by insert­

on a travel­

ing in lieu thereof the words ‘ ‘ or other means of

ling stock

enclosure whether natural or artificial” .

reserve.)

5 .

The Pastures Protection Act, 1934, as amended by

Further

amendment

subsequent Acts, is further amended—

of Act No. 36,

1934.

(a) by inserting in pa'ragraph (b) of subsection two of section seventy after the words “ in that

Sec. 70.

(Improve­

ment of

fund” the words “ shall be met out of tho

public

Western Division Public Watering Places Fund,

watering

and where there are no moneys or not sufficient

places.)

moneys in that fund” ;

I

(b) by inserting in section seventy-one after the word “ Parliament” the words “ A controlling

Sec. 71.

(Caretaker.)

authority may allow a caretaker to retain any

charges received by him under this P a rt” ;

(c)

212                  Pastures Protection (Amendment) Act.

No. 21, 1948.

(c)

by omitting from subsection one of section

See. 72.

seventy-two the words “ within the Western

{Leases.)

Division shall not let” and by inserting in lieu thereof the words ‘ ‘ shall not grant or determine any lease of” ;

Sec. 78.

(d) (i) by inserting in subsection two of section

(Applica­

tion of

seventy-eight before the words “ Any

rents,

charges” the words “ Subject to this Act” ;

charges,

etc.)

(ii) by inserting at the end of the same section the following new subsection:—

(3) The controlling authority of any

public watering place in the W estern. first day of January in each year, pay to the Minister all money in its Public Watering Places Fund in excess of the sum of one hundred pounds. The Minister shall cause all moneys paid to him under this subsection to be paid into a special account at the Treasury to be called the “ Western Division Public Watering Places Fund.” The moneys at credit of such fund shall be used as provided in section seventy of this Act for carrying out any works specified in that section.

Further

6.

The Pastures Protection Act, 1934, as amended by

amendnnent

of Act No. 35,

1034.            subsequent Acts, is further alnended—

Sec. 81.

(a) (i) by inserting in section eighty-one after the

(Duty of

occupiers to

words “ of any land” the words “ fully (ii) by omitting from the same section the words “ and in accordance with the requirements of a board” ;

destroy

and’ ’;

noxious

animals.)

Sec. 82.

(b) (i) by omitting subsection one of section

(Power to

require

eighty-two;

destruc­

(ii) by omitting from subsection two of the same section all words after the word “ occupier” and by inserting in lieii thereof the words “ or owner of land fully and con­ tinuously to suppress and destroy all noxious animals which are upon such land by any one or more of the prescribed methods specified in the order” ;

tion.)

,

(iii) ,

Pastures Protection (Amendment) Act.

213

(iii)  by inserting in subsection three of the same No. 21, 1943.

section after tho word “ occupier” the

words “ or owner” ;

(iv)  by omitting paragraphs (a) and (b) of the same subsection and by inserting in lieu thereof the words “ fails to comply with any of the requirements of any order given to him under subsection two of this section” ;

(v)  by omitting from subsection four of the same section the words “ any notice or order” and by inserting in lieu thereof the words “ this Act or any order” ;

(vi)  by inserting at the end of the same sub­ section the words “ or owner” ;

(vii)  by inserting in subsection five of the same section after the word “ occupier” the words “ or owner” ;

(c) (i) by omitting from subsection one of section Sec. 86.

eighty-six the words “ laid by” and by (Meaning

inserting in lieu thereof the words “ imposed

by or under” ;

(ii)  by inserting in the same subsection after the word “ occupier” the words “ or o^vner” ;

(iii)  by inserting in the same subsection after the word “ occupied” wherever occurring the words “ or owned” ;

(iv) by inserting in subsection three of the same section after the word “ occupier” the words “ or owner” ;

(d)

by omitting from subsection one of section Sec. 88.

eighty-eight the word “ dingoes” and by. insert- (Bonus for

scalps.)

ing in lieu thereof the words “ native dogs”

(e)

by omitting from section eighty-nine the word®̂-®®- “ dingoes” and by inserting in lieu thereof the brarŶ to

words ‘ ‘ native dogs ’ ’; an̂ de'Sing

with scalps.)

(f)

by omitting from subsection two of section Sec. 9i. ninety-one the words “ one-third of a penny” (Special

and by inserting in lieu thereof the worcls “ one

'

farthing” ;

.

.

( g ) .

214                  Pastures Protection (Amendment) Act.

No. 21, 1943.

(g) (i) by inserting in subsection three of section

Sec.97.

ninety-seven after the word “ appointment”

(Dingode-

the following proviso:—

boMd.̂ )̂

Provided that a member of the dingo destruction board appointed on the nomina­ tion of a pastures protection board whose district has, wholly or partly, been added to the dingo destruction district, shall hold ofiSce for a period expiring on the expira­ tion by effluxion of time of the period of office of the other members of the dingo destruction board.

(ii)  by omitting from subsection five of the same section the words “ of the period for which he was appointed” and by inserting in lieu thereof the words “ by effluxion of time of the period of his office” ;

Sec. 104.

(h) by inserting at the end of subsection one of

(Special

section one hundred and four the words “ which

rate.)

is within the pastures protection district” .

Further

7. The Pustures Protection Act, 1934, as amended by

S?ArtNo?85, subsequent Acts, is further amended—

1834.

Sec. 109.

(a) (i) by inserting in subsection two of section the words “ (including any such oivner who is the legal representative of a deceased person or a trustee)” ;

(Supplying

one hundred and nine after the word “ land”

netting, etc.)

(ii)  by inserting at the end of the same sub­ section the words “ or as the Minister may in any particular case approve.

Different forms of agreement may be prescribed or approved in the case of land held under the provisions of the Eeal Property Act, 1900, and in the case of land not so held.”

(iii)  by inserting in subsection three of the same section after the word “ determine” the words “ or otherwise as may be provided by the agreement” ;

(iv)  by omitting from paragraph (a) of sub­ section four of the same section the words “ shall be a charge on the holding of the

owner ’ ’

Pastures Protection (Amendment) Act.

215

owner” and by inserting in lieu thereof the No. 21, 1943.

words “ and all other moneys secured or

intended to he secured by the agreement

shall until payment be a charge on the

holding of the owner (whether a legal

representative or trustee or otherwise)” ;

(v)   by inserting at the end of the same para­ graph the following Avords:—

“ For the purpose of giving full effect to the foregoing provisions of this paragraph any instrument securing moneys so charged on land held under the provisions of the Eeal Property Act, 1900, shall be entitled to priority over any other mortgage or encumbrance registered in respect of the same land as if such instrument had been registered in priority thereto.”

(vi)  by inserting next after the same subsection the following new subsections:—^

(4a) Any moneys due and payable to the Minister in pursuance of any agreement made under this section may be recovered in any court of competent jurisdiction by the Minister to whom the administration of this Part is for the time being committed, and may be so recovered as a debt due to the Crown.

(4b ) The Minister may release from the charge on a holding such portion of the holding as he may decide, and he may as a condition of such release require the pay­ ment to him of such part of the moneys secured by the agreement as he thinks fit.

This subsection shall apply to and in respect of a charge arising under this section and a charge which the Minister is authorised to enforce and realise by sub­ section four of section three of this Act.

(b) by omitting section one hundred and ten;

Sec;. 110.

(Boards to act

as agents for

Minister.)

(c)

216                  Pastures Protection (Amendment) Act.

No. 21, 1943.

(c)

by omitting from subsection one of section one

Sec. 112.

hundred and twelve the words “ the board as

(Payment to

agent for ” ;

,

Minister by

adjoining

owner of cost

of netting supplied.) Sec. 118. (Certificates

(d) by omitting from subsection one of section one

by Board

that fence is

hundred and eighteen the words “ the prescribed

d€^-proof or

rabbit-proof,

fees” and by inserting in lieu thereof the words

marsupial-

proof.)

“ such fees and charges as it may determine which shall not exceed the fees and charges pre­ scribed” ;

See. 125.

(Contribu­

_(e) by inserting at the end of section one hundred

tions—fence

and twenty-five the following new subsection:—

between

public and

(4) Where the Crown has before or after the (Amendment) Act, 1943, erected or made rabbit- proof, dog-proof or marsupial proof a fence

private

commencement of the Pastures Protection

lands.)

,

;

which forms a common boundary between public

;

and private lands and no notice of demand has

i

been given within tho time prescribed by this

;

Act it shall be the duty of the board of the dis­ trict in which the whole or any part of the fence is situated, to maintain such fence or such part

in good and proper condition.

The board may for the purpose of defraying any costs incurred in connection with the main­ tenance of any such fence or part levy a special rate on the occupiers of land within the district or within any part of the district approved by the Minister.

Such rate shall not exceed one-farthing per head of sheep or twopence per head of large stock.

The provisions of Part III of this Act shall, mutatis mutandis, apply to the making, calcula­ tion, notification, collection, payment and recovery of such special rate.

See. 126.

(f) (i) by omitting from subsection two of section one hundred and twenty-six the words “ a rabbit-proof, dog-proof or marsupial­

(Fencing

reserves.)

!

proof fence ’ ’ and by inserting in lieu thereof

the words “ any fence” ;

-

(ii)

Pastures Protection (Amendment) Act.

217

(ii)

by omitting paragraphs (a) and (b) of sub­

No. 21, 1948.

section three of the same section and hy inserting in lieu thereof the words “ half the cost so incurred and also half the cost of maintenance if the board maintains the fence” ;

(g) by inserting in section one hundred and forty after the word “ and” where firstly occurring

Sec. 140.

moneiys

(Effect of

the words “ in the case of land held under the

being

provisions of the Eeal Property Act, 1900, an

charged.)

instrument securing the amount charged is registered under that Act, or in the case of land not so held” ;

(h) by inserting in subsection one of section one hundred and forty-three after the words “ mar­

Sec. 143.

(Persons

interfering with rabbit-

supial-proof fence” the words “ or a fence on the

proof, dog- proof und

boundary of a travelling stock reserve” .

marsupial-

proof fencei.)

8 . The Pastures Protection Act, 1934, as amended by

Further

amendment

subsequent Acts, is further amended—

of Act No. 36,

1934.

(a) by inserting at the end of section one hundred and forty-four the following new subsection:—

Sec. 144.

be branded

(Shei3p to

(2) The regulations may grant exemption from the operation of this section in such circum­

and ear­

marked.)

stances and subject to such conditions as may

be prescribed.

(b) by omitting section one hundred and fifty-six;

Sec, 166.

(Directory

and

quarterly

lists.)

(c) by omitting from paragraph (i) of subsection one of section one hundred and fifty-seven the

Sec. 157.

(Offences.)’ :

words “ has been removed” and by inserting in

lieu thereof the words “ is missing” ;

(d) by inserting in Part VIII after section one hundred and fifty-seven the following new

New

sec. 157a.

section:—

157a. (1) Any inspector or member of the police force or any person duly alithorised in

Power to

!

enter and

inspect. ,

that behalf by a board may—

(a)

with or without assistance enter any land or premises for the purpose of inspecting any sheep or sheep skin or

any

218                 Pastures Protection (Amendment) Act.

No. 21, 1943.

any branding or earmarking instrument or any books, documents or records relating to dealings in sheep or sheep skins;

(b)

require the production of any sheep or sheep skin or any branding or earmark­ ing instrument and take possession of the same; and

(c)

require any person to furnish informa­ tion as to the ownership of any sheep, sheep skin or of any branding or ear­ marking instrument.

(2) Any person who hinders, obstructs or interferes with any person acting in pur­ suance of the powers and authorities conferred by this section or who neglects or refuses to produce such books, documents, records, sheep, or sheep skin or branding or earmarking instrument so required to be produced or to furnish the information required or furnishes false information shall be liable to a penalty not exceeding fifty pounds.

Sec. 163.

(e) (i) by omitting from subsection one of section

(Penalty.)

one hundred and sixty-three the words “ wilfully gives any incorrect or misleading information with respect thereto” and by inserting in lieu thereof the words “ wil­ fully or negligently gives any information which is false or misleading in any material particular, in any application, document or instrument made, executed or used for the purposes of this Act or the regulations” ;

(ii)  by inserting in subsection two of the same section after the word “ Act” the words “ or the regulations” ;

Bee. 169.

(f) by inserting at the end of subsection two of

^c., in

(Notices,

section one hundi-ed and sixty-nine the following

Gazette

new paragraph:—

to be

recorded as

(k) the notification, dedication, reservation or

evidence.)

declaration of any travelling stock

reserve.

(g)

Sydney Turf Club Act.

219

(g)

by inserting at the end of subsection one of

section one hundred and seventy-one the folloiv- S e c .m .

,

ing new paragraph:—

tiona.)

(Begala*

(p) the use of travelling stock reserves.

(h)

by omitting from the matter relating to Part®®®*̂'_ V lil in section two the figures “ 157” and by inserting in lieu thereof the figures and letter

“ 157a. ”

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