Pearling Act Amendment Act 1919 (WA)

1919.] Pearling Act—Amendment. [No. 20.

PEARLING ACT-AMENDMENT.

10' Gm. V., No. VIII.

No. 20 of 1919. .

AN ACT to amend the Pearling Act, 1912.

[Assented to 11th November, 1919.]

Council and Legislative Assembly of Western Australia, inBE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:—

1. This Act may be cited as the Pearling Act Amendment Short title and commencement.

Act, 1919, and shall be read as one with the Pearling Act,

1912 (hereinafter called the "principal Act"), and shall come

into operation on a day to be fixed by proclamation.

2.	The following definitions are inserted in their appro-	Amendment of
Section 6.

priate places in section five:

" Tropical waters adjacent to Western Australia" means the waters within the limits following :—On the North 13° 30', and on the South 27° of South Latitude, and on the West 112° 52', and on the East 129° of East Longitude.

"Document" includes book, paper, and writing.

3. The following section is hereby inserted after section Insertion of new section after Section

twelve of the principal Act:— /2.

12a. When application iS"' ; made to a licensing officer cteirs cens tnal

for the grant, transfer, or removal of a license, such jacinth"'

officer may put to the applicant and to any other person

such questions relevant to the application as he may

think fit, and may require the applicant or any other per-

son to produce and exhibit for inspection any document

in his possession, custody, or power relating to or con-

taining any entry relating to the subject matter of the

application, and to allow the same to be examined.

No. 20.] Pearling Act—Amendment. [1919.

tannd irilt and 4. Section thirteen of the principal Act is hereby amended 16. by the insertion therein of the words "or removal" after the word "transfer," and section fifteen of the principal Act is hereby amended by the insertion of the word "removal" after the word "renewal," wherever such word occurs therein, and by the insertion of the word "remove" after the word "renew," in the third subsection.

Amendment of 5. Section eighteen of the principal Act is hereby amended Section 18.

by the insertion of the word "removed" after the word

"transferred."

Insertion of new 6. The following section is hereby inserted after section

section a fter

Election 27.	twenty-seven of the principal Act:—
Provision for

removal of 27a. (1.) If any ship in respect of which a ship license

license from one

ship to another. is in force has been lost or so damaged that, in the'opinion

of an inspector, it is not practicable to make use of the license in connection therewith, such inspector may, on ap- plication made by or on behalf of the licensee, order that the license shall be removed to another ship of the appli- cant's, and such license shall thereupon and thereafter operate, and may be used in connection with such other ship accordingly.

(2.) Every such order shall be made by memorandum indorsed on the license according to the prescribed form, and the prescribed fee (not exceeding five shillings) shall be paid therefor.

Amendment of	7. Section forty-two of the principal Act is hereby amended by the addition of the following subsection :—
Section 42.

(3.) All pearls and pearl-shells which are the subject matter of any offence against this section shall be for- feited to His Majesty.

Amendment of	8. Section sixty of the principal Act is hereby amended by the insertion after the word "sell" of the words "or de- liver for sale," and by the insertion after the word "buy" of the words "or receive for sale."
Section 60.

Insertion of new	9. The following section is hereby inserted in the principal
section after

Section 01.	Act after section sixty-one:—
No pearl to be

sent out of	61a. (1.) No person shall send or take any pearl out
portion of State

to which this	of the portion of the State North of the twenty-seventh
part applies e•
cept after	parallel of South latitude, unless he shall have given to
notice to In-
n actor.

1919.] Pearling Act—Amendment. [No. 20.

an inspector forty-eight hours' previous written notice

of his intention so to do.

Penalty: Fifty pounds.

(2.)

Every person who has given such notice as is men- tioned in this section shall, on demand made before the pearl is despatched or taken, permit an inspector to view and inspect such pearl.

Penalty: Twenty pounds.

(3.)

This section shall not apply to any pearl which was found or has at any time been conveyed South of the said parallel or outside the limits both of the State and of the tropical waters adjacent to Western Australia.

10. A subsection is added to section sixty-four of the Amendment of section 64.

principal Act, as follows:—

(5.) No licensed pearl dealer shall have or use as a registered place of business any place which is used for the transaction of any other business: provided that this prohibition shall not apply to any corporation carrying on the business of banking.

Penalty: Ten pounds.

11. The following section is hereby inserted at the end of Insertloaof nes section at end

Part II. of the principal Act:—

of Part II.

Agent of pearl

73a. No person shall act or be employed or engaged as

dealer to be

licensed.

the agent or deputy of a pearl dealer unless he is himself

the holder of a pearl dealer's license.

Penalty: Fifty pounds.

12. Sections eighty-four and eighty-eight of the principal Amen dment of Sections 84 and

Act are hereby amended by the deletion of the words "magis- 138• trate or inspector," in each section, and the substitution of the word "superintendent."

13.    The following section is hereby inserted at the end of Insertion of new

section at the

Part III. of the principal Act:— end of Part IU.

93a. The fees payable in respect of the various mat- ters mentioned in the Seventh Schedule to this Act shall Part.nth able under this

be as therein respectively set out. Schedule.

14.    Section ninety-four of the principal Act is hereby Amendment of

amended by the insertion of the words " (whether of the per- Section 94.

son or of premises or effects)" after the word "searches,"

No. 20.] Pearling Act—Amendment. [1919.

in paragraph (j) of subsection one, and by the addition of the words "and use force whether by breaking open doors or otherwise," at the end of paragraph (k) of the said sub- section.

Insertion of new

sections at the 15. The following sections are inserted at the beginning

beginning of of Part V. (Miscellaneous) of the principal Act:—

Part V.

Beach.

combers'	101a. (1.) An inspector may, subject to this .Act and the payment of the prescribed fee, grant a beach-comber's license in the prescribed form, which shall give a general but not an exclusive right to collect and remove pearl- shell from such portion or portions of the sea-shore of Western Australia North of the Tropic of Capricorn as shall not for the time being be included in a pearl-shell area or be subject to an exclusive license.
licenses.
(2.) The fee for a beach-comber's license shall be the same as that for a general license.
(3.) No person shall gather, collect, or remove pearl- shell from any part of the sea-shore of Western Australia North of the Tropic of Capricorn, except under the auth- ority of a beach-comber's or some other license granted under this Act.

Penalty: Twenty pounds or a daily penalty of Two

pounds.

(4.) For the purposes of this section, "sea-shore" in- cludes all that portion of the shore of the mainland or any island or reef which is uncovered at the lowest tide.

(5.) The provisions of section sixteen shall apply to a beach-ember's license, as if such license were mentioned therein.

Beeti.cleaners'

Licenses. bib. (1.) Any resident magistrate of any magisterial

district lying wholly or partially to the North of the twenty-seventh parallel of South latitude may, subject to this Act, on application grant to any person who, in the opinion of such magistrate, is a person of good character and reputation, a pearl-cleaner's license.

(2.) The fee for a pearl-cleaner's license shall be Two

pounds.

(3.) Such license shall authorise the licensee to act as a pearl-cleaner.

(4.) No person shall, North of the twenty-seventh par- allel of South latitude, act as a pearl-cleaner, except under the authority of a pearl-cleaner's license.

Penalty: Fifty pounds.

1919.] Pearling Act —Amendment. [No. 20.

(5.)

"Pearl-cleaner" means a person who cleans, cuts, or alters pearls or improves the shape or appearance of pearls, or receives pearls or has pearls in his possession for the purpose of performing any of the operations aforesaid thereon.

(6.)

Every licensed pearl-cleaner shall keep a book in the prescribed form, and immediately after the receipt of any pearl shall make an entry in such book of the name and address of the person from whom he received it, and the pearl-cleaner shall also enter in the book a record of the nature of any work done on any pearl, and the name and address of the person to whom he has de- livered any pearl, together with any other prescribed par- ticulars.

Penalty: Twenty pounds.

(7.) Every person delivering or receiving any pearl to

or from any pearl-cleaner shall sign in the pearl-cleaner's book a note of such delivery or receipt setting out the date thereof.

Penalty: Twenty pounds.

The provisions of sections sixteen, sixty-three, and sixty-eight shall apply mutatis mutandis to and in respect of pearl-cleaners and pearl-cleaners' licenses, as if such cleaners and licenses were mentioned therein.

(8.)

101c. (1.) Any inspector may, on application and on slanseryere

payment of the prescribed fee not exceeding three

pounds, grant a shell-buyer's license.

Such license shall authorise the holder to purchase pearl-shell from any holder of a ship, exclusive, general, shell-buyer's or beach-comber's license, but not from any other person.

(2.)

No person shall at any place North of the twenty- seventh parallel of South latitude purchase any pearl- shell except under the authority of a shell-buyer's license.

(3.)

Penalty: Fifty pounds.

(4.) Every bolder of a shell-buyer's license shall, on

demand by a magistrate or an inspector, give an account of all pearl-shell purchased by him during any period mentioned in the demand.

Penalty: Twenty pounds.

The receipt or acquisition of any pearl-shell by

way of pledge or exchange shall be deemed a purchase

for the purposes of this section.

(5.)

No. 20.] Pearling Act—Amendment. [1919.

(6.) The provisions of section sixteen of this Act apply to a shell-buyer's license as if such license were men- tioned therein.

Additional	101d. Any inspector may put to any licensed pearl- dealer or cleaner such questions relating to his business and transactions under or in connection with his license as he may think fit, and may require such dealer or cleaner or any agent, clerk, or servant of his to produce and exhibit for inspection all documents in his posses- sion, custody, or power relating to or containing any entry relating to such business or transactions, and to allow the same to be examined.
/miry by in-
spectors.

powers of in.

Section 102. Amendment of 16. Section one hundred and two of the principal Act is

amended by the insertion in paragraph (d) of the words "and

completely" after "truthfully."

Amendment of 17. Section one hundred and three of the principal Act is

Section 103.

hereby amended by the insertion of the words "and things"

after the word "ship," in the third subsection.

Amendment of 18. Section one hundred and four of the principal Act is

Section 104.

hereby amended by the insertion of the following paragraph

after paragraph (h)

(hh) The limitation of the amount of money which may be lawfully carried or kept on any pearling ship.

Amendment of	19. A new section is hereby added to the principal Act, as
Section 106.

follows:—

Limitation of

prosecutions. 107. A prosecution for a simple offence against this Act may be commenced at any time within twelve months after the offence was committed.

Amendment of 20. The Third Schedule to the principal Act is hereby

Third

Schedule.

amended by increasing the fee for a pearl dealer's license

from ten pounds to fifty pounds.

Sixth Schedule.

Amendment of

21. The Sixth Schedule of the principal Act is hereby amended by the addition to section two thereof of a para- graph, as follows :—

(c) A dinghy which shall have been certified, within the last preceding six months, to be suitable, by writing under the hand of an inspector.

1919.1 Pearling Act—Amendment. [No. 20.

22.	The following schedule is hereby added to the princi-	Addition of
Schedule.

pal Act:—

Seventh Schedule.

s. d.

For a form of pearling agreement in duplicate ..	5 0
For every pearl-fisher engaged before a superin-

tendent (payable by employer) .. 2 0

For every pearl-fisher discharged before a super-

intendent (payable by pearl-fisher) .. 2 0

For every desertion certified by superintendent 2 0

23.    All copies of the principal Act hereafter printed by Citation and

the Government Printer shall be printed as altered by the ex- rper■datpartat

•

supervision of the Clerk of Parliaments, and all necessary

references to the amending Acts shall be made in the margin.

In any such reprint the short title shall be altered to the

fisting amendments thereof, including this Act, under the °ulna' said amendments may be cited together.