Pest Destroyers Act of 1923 (14 Geo v No. 3) (Qld)

PEST DESTROYERS. SS. 1, 2. - - - -------------------- 14 GEO. V. No. 3,1923. Pest Destroyers Act. 10743 PEST DESTROYERS. An Act to Regulate the Sale of Insecticides, 14 Geo. V. • •• No. 3. FunglCldes, VermIn Destroyers, and Weed THE PBST Destroyers; an d . ~ c. or ot h er purposes. DESTROYERS ACT OF 1923. [ASSENTED TO 20TH AUGUST, 1923.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. This Act may be cited as " The Pest Destroyers Short title. Act of 1923." 2. In this Act, unless the context otherwise Interpreta. indicates,- the following terms have the meanings respec- tion. tively assigned to them, that is to say:- " Affix" (with its derivatives)-Legibly, securely, Affix. arid durably affix or brand or print or stamp; "Analyst"-The Chemist of the Department of Analyst. Agriculture and Stock, or an analyst appointed under this Act; "Dealer"-Any person who carries on business Dealer. or trade as a seller of or dealer in any pest destroyer, whether such person is the manu- facturer of such pest destroyer or not and whether such person carries on any other business or trade or not; '" Fungicide"-Any substance used for the pur- Fungicide. pose of destroying or preventing the attacks of fungi or other parasitic plants, or bacteria; or any substance declared by regulation to be a fungicide ; "" Insecticide"-Any substance used for the pur- Insecticide. pose of destroying insects or other pests which infest or attack fruit, vegetables, plants, or other produce of the soil, or which infest or attack animals, or for preventing such insects or pests from infesting or attacking the same; or any substance declared by regulation to be an insecticide;

10744 s. 2. PEST DESTROYERS. Pest Destroyers Act. 14 GEO. V. No. 3, Inspector. La.bel. Minister. Officer. Package. Pest destroyer. Prescribed. Regulations. Sell. This Act. Under Secretary. Vermin destroyer. " Inspector"-An inspector appointed under this Act: the term includes any officer for the time being performing the functions of an inspector; " Label "-A label, tag, brand, or stamp having printed or written thereon the figures, words, or marks prescribed, which label, tag, brand, or stamp is or is prescribed to be affixed . to every package containing the substance referred to ; "Minister"-The Secretary for Agriculture and Stock or other Minister of the Crown charged for the time being with the administration of this Act; " Officer"-An inspector or analyst. or any other officer appointed under this Act: the term includes any person either generally or specifi- cally authorised by the Minister in writing; "Package"-Anything in or by which a pest destroyer is cased, covered, closed, contained, or packed; "Pest destroyer"-Any fungicide, insecticide, vermin destroyer, or weed destroyer; " Prescribed"-Prescribed by this Act; "Regulations"-Regulations made under this Act; " Sell" includes barter or exchange, and also includes dealing in, agreeing to sell or offering or exposing for sale, or having in possession for sale, pr sending, forwarding, or deliver- ing for sale or on sale, or causing, suffering, or attempting any such acts or things; and the derivatives of "sell" have a corres- ponding inclusive meaning; " This Act"-This Act and all Orders in Council and regulations made under this Act; " Under Secretary"-The Under Secretary of the Department of Agriculture and Stock, Bris- bane; "Vermin destroyer"-Any substance used for the purpose of destroying rabbits, rodents, dingoes, foxes, or other noxious animals or noxious birds; or any substance declared by regulation to be a vermin destroyer;

1923. PEST DESTROYERS. Pest Destroyers Act. s. 3. ._._----- 10745 "Weed destroyer"-Any substance used for the Weed purpose of destroying or preventing the destroyer. spread of weeds or noxious plants; or any substance declared by regulation to be a weed destroyer ; "Wholesale dealer"-Any person who, whether Wholesale as manufacturer, importer, or wholesale seller, dealer. is primarily responsible for putting on the market in Queensland any pest destroyer. Any substance which is defined or declared under this Act to be an insecticide, fungicide, vermin destroyer, or weed destroyer shall for the purposes of this Act be considered to be each and all of them without a special inclusive definition or declaration in that behalf. 3. (l.) Every dealer shall, wi'(;hin thirty days after Notice by the passing of this Act or within thirty days after the dealers. date, of his commencing in business or trade as a dealer (whichever is the later date), and thereafter in each year on or before the thirty-first day of January of that year, give notice in writing in the prescribed form to the Under Secretary of- (a) His name and place of business; and (b) The distinctive name of every pest destroyer which he then sells and of every pest destroyer which he proposes to sell during the current year; and (c) The places where the same can be purchased or acquired from him. If during the currency of any year a dealer proposes to sell any pest destroyer in addition to those of which he has given the notice as hereinbefore prescribed, he shall, before commencing to sell or deal in any such additional pest destroyer, give with respect to the same the like notice as hereinbefore prescribed. If during the currency of a year a dealer alters the constituents of any pest destroyer already registered under this section he shall, before commencing to sell or deal in any such pest destroyer as so altered, give with respect to the same the like notice as hereinbefore prescribed. (2.) Save as hereinafter provided, every notice given Fee. under this section shall be accompanied by a fee of five shillings in respect of each pest destroyer mentioned in

10746 s. 3. PEST DESTROYERS. _----- - - - - - - ~ - - - - - - - - - - - - - - . - - - - - _ .. Pest Destroyers A.et. 14 GEO. V. No. 3, What to accompany notice. such notice, for the registration of each of them, and each of them shall be registered accordingly as prescribed: Provided that with respect to a pest destroyer already registered for the current year, the constituents whereof have been altered as above mentioned, the fee payable shall be two shillings and ~ixpence and no more: Provided also that the total sum payable by any dealer by way of fees under this subsection shall not exceed one pound in and for any year. (3.) Save as hereinafter provided, every notice given under subsection one hereof shall be accompanied by- (a) The fees prescribed; and (b) A fair average sample for analysis of each pest destroyer mentioned in such notice; and (c) A statutory declaration made by the dealer stating- (i.) The distinctive name of each pest destroyer; and (ii.) That each sample is a fair average sample of the pest destroyer it represents, and is not substantially different from the pest destroyer which such dealer will supply throughout the year under its distinctive name; and (iii.) The constituents of each pest destroyer; and (iv.) The constituents thereof which are claimed to be active constituents; and ~v.) The percentage in which each constituent is contained therein and what percentage of each constituent is contained in that part of the pest destroyer which is soluble in cold water; and ~ vi. ) The net weight which shall be contained in each respective package thereof when sold; and (d) A specimen copy of the invoice relating to each such pest destroyer; and (e) A specimen copy of the prescribed label which will be affixed to every package of pest destroyer to which it has reference; and (/) Such other matters as may be prescribed. The sample. (4.) (a) Each such sample shall be in the original package, or if usually sold in bulk be in a sealed glass

PEST DESTROYERS. s.3. 10747 1923. Pest Destroyers Act. -or earthenware jar or bottle bearing the prescribed label, and in every case be of not less weight than half a pound. . (b) Each such prescribed label shall set forth- The label. (i.) The distinctive name of the pest destroyer; and (ii.) The net weight which will be contained in the package to which it is to be affixed; and (iii.) A statement of the active constituents of the pest destroyer; and (iv.) All directions, if any, for the use of the pest destroyer; and (v.) The name and address of the wholesale dealer; and (vi.) Such other matters as may be prescribed. (c) Each such invoice shall show- The invoice. (i.) The name and address of the dealer; and (ii.) A space for the insertion of the net weight of the pest destroyer [naming it] to be inserted on the sale thereof; and (iii.) A warranty in the words following :- Notwithstanding any agreement to the contrary, this invoice shall be deemed to be and shall have effect as a warranty by me~ the seller, that the constituents of the pest destroyer sold, and the percentage in which each constituent is contained therein and the percentage of each constituent. containEd in that part. thereof which is soluble in cold water, accurately correspond with the constituents and percentages respectively s'vated in the statutory declaration furnished to the Under Secretary, Department of Agriculture and Stock, Brisbane, as prescribed with respect to the pest destroyer of the same name by "The Pest Destroyers Act of 1923" ; and (iv.) Such other matters as may be prescribed. (5.) Provided always that when a wholesale dealer in Exoneration any pest destroyer has complied with all the foregoing ~ f r;tail provisions of this section relating to the registration of w~ e: ~ B the sam . e, and such pest destroyer h . as been duly regis- dwehaolelerssahleave tered, It shall be lawful for any other dealer to sell such registered. pest destroyer without payment of any fee and without complying with the requirements of subsection three of this section, but he shall nevertheless be bound to comply with all other provisions of this Act relating to the sale of pest destroyer. v

10748 s.4. PEST DESTROYERS. Pest Destroyers A.ct. 14 GEO. V. No. 3, Analysis ot sample. Agents of non~ residents. (6.) The Under Secretary may cause an analysis to be made of each sample of pest destroyer sent or delivered to him under this section. (7.) If the wholesale dealer in any pest destroyer is not resident in the State of Queensland, the requirements of this section may be complied with by a duly authorised agent of such wholesale dealer who is resident in Queens- land, and such agent shall for the purposes of this Act be deemed to be the wholesale dealer. Duty of 4. (1.) Every wholesale dealer who sells any pest dwehaolleerssaulepon dest royer sh a11I' n manner prescn' bed, on or b efore delI' very a sale. thereof to the buyer, affix to or upon every package containing any of such pest destroyer, the label herein- before prescribed, which shall conform in all respects with the specimen prescribed label relating to the same in the last preceding section hereof mentioned. The burden of proof that the provisions of this subsection have been complied with shall be on the wholesale dealer. Duty of (2.) Every other dealer who has purchased any uopthoenr adesaaklel. 's pest d est royer from any wh 0 lesIa edea1er and wh 0 se11s any such pest destroyer- (a) In the package in which he bought the same, shall be bound to see that on delivery thereof to the buyer the prescribed label last herein- before mentioned (whether the original label or one provided by himself) is affixed thereto or thereupon; (b) In any package other than a package so labelled as aforesaid by such wholesale dealer, shall, before delivery thereof to the buyer, durably affix thereto or thereupon the said prescribed label. The burden of proof that the provisions of this sub- section have been complied with shall be on the dealer. Refilling packages. (3.) In any case where any package containing pest destroyer which has been labelled as prescribed is wholly or partly emptied, no dealer shall place in such package any pest destroyer other than a pest destroyer of the same name as that originally contained in such package, and to which the prescribed label affixed thereto or thereupon refers. The burden of proof that the provisions of this sub- section have been complied with shall be on the dealer.

PEST DES'rROYERS. ss. 5-7. l074!) 1923. Pest Destroyers Act. (4.) Any dealer who fails to comply with the require- ments of this section shall be guilty of an offen08 against this Act. 5. (1.) Every dealer who sells any pest destroyer of Invoice by a greater value than five shillings shall, on or before dealer. the delivery of such pest destroyer or any of it, sign and give to the buyer an invoice which shall set forth all the particulars contained, or it is provided shall be contained, in the specimen in,voice in section three hereof mentioned. The burden of proof that the provisions of this sub- section have been complied with shall be on the dealer. (2.) Such invoice shall, notwithstanding any agree- ment to the contrary, be deemed to be and shall have effect as a warranty by such dealer that the constituents of the pest destroyer so sold, and the percentage in which each constituent is contained therein and the percentage of each constituent contained in that part thereof which is soluble in cold water, accurately correspond with the constituents and percentages respectively stated in the statutory declaration furnished to the Under Secretary as hereinbefore prescribed with respect to the pest destroyer of the same name. (3.) Any dealer who fails to comply with the require- ments of this section shall be guilty of an offence against this Act. 6. No person shall be bound to accept delivery on Protection ot sale of any pest destroyer unless all the provisions of purchaser. the two last preceding sections have been complied with as to such pest destroyer. If the pest destroyer is sold to him in a package which in weight does not correspond with the net weight mentioned in subsection (vi.) of section three hereof, he may require the dealer to weigh the pest destroyer contained in such package in his presence, and shall not be hound to take delivery of any package of pest de- stroyer which upon such weighing does not correspond with such weight. 7. (1.) The Governor in Council may from time to [nspectors,.. time appoint inspectors and analysts, and such other &c. officers as may be 'necessary for the purpose of giving- effect to or for the convenient carrying out of this Act.

10750 s. 8. PEST DESTROYERS. Pest Destroyers Act. 14 GEO. V. No. 3, (2.) No officer shall have any interest directly or indirectly in the manufacture or sale of any pest destroyer, or in any trade or business connected th ere- with. Every officer who violates this provision shall be dismissed by the Minister and shall be disqualified for reapp ointment. Obstruction (3.) Any person who in any way obstructs or of officers. interferes with any officer in the discharge of any of his duties or the exercise of any of his powers under this Act shall be guilty of an offence against this Act. Protection of ( 4. ) No officer shall be liable, except in respect of officers. wilful misconduct, to any legal proceedings for anything done or omitted in the exercise or execution of any of his powers or duties under this Act. Entry, sampling, &c., by officer. Sampling. S. (1.) For the purpose of ascertaining whether the provisions of this Act are being complied with, any officer- (a) Shall have free access at any reasonable time to any building, place, ship, vessel, or vehicle where any pest destroyer is or is suspected to be prepared or kept for sale, or sold, or had in possession or transit; (b) May examine and, on payment of the ordinary market price therefor, take for analysis a quantity of any pest destroyer as a sample. (2.) When an inspector takes a sample for analysis under this section he shall- (a) Divide it into three approximately equal parts; and (b) Place each such part in a separate package and seal or fasten each such package; and (c) Place. on each such package a label stating the name, so far as known to him, of the occupier of or person apparently in occupation of the premises or of the person apparently having possession, custody, or control of the lot from which such sample was taken, and the time and place of taking; and (d) Deliver one of such parts to the person men- tioned in paragraph (c) hereof; and (e) Retain one of such parts for future com- parison; the other of such parts may be utilised for analysis.

PEST DESTROYERS. SS. 9-13. 10751 1923. Pest Destroyers Act. When the pest destroyer is sold or found in packages containing not more than two pounds avoirdupois net weight thereof, this subsection shall be deemed to be complied with if the inspector takes three unopened packages of the pest destroyer and deals with such packages as if they were the three parts into which the sample is to be divided. 9. Any person who improperly tampers with anyT~ mpering sa~ ple or part of a sample taken under this Act shall be : : : ~ ples. gUIlty of an offence against this Act. 10. (1.) An officer may at any time require theofficermay buyer whether by wholesale or by retail of any pest I ~ n ef o m r a m nd a t' IOn. destroyer to state the name and address of the dealer from whom he purchased such pest destroyer and the price charged or paid therefor, and also to produce for inspection any invoice, agreement, circular, or advertise- ment given to him by the dealer. (2.) Any person who withholds any such information or wilfully fails to produce such invoice, agreement, circular, or advertisement, or obstructs the said officer in the execution of any of his duties under this Act, shall be guilty of an offence against this Act. 11. Every buyer of any pest destroyer shall on com- Buye: may • plying with the regulations be entitled to submit. a sample: ~ ! ; ~ ! s for of such pest destroyer to an analyst for analysIs, and to analysis. receive from him a certificate of the result of his analysis. 12. The result of the analysis by. an analyst of Publication any sample or part of a sample of any pest destroyer, ~ ~ ~ f; ~ il: . S of together with the name and address or place of business of the person by whom a sample of such pest destroyer was sent or delivered to the Under Secretary as herein- before prescribed, or of the person from whom the pest destroyer was bought or acquired, or of the person in the occupation or apparent occupation of the premises where the sample was taken, and the statutory declaration relating thereto furnished under section three of this Act and also any explanations and comments upon the result of the analysis, may be published in the Queensland Agricultural Journal or in such other manner as the Minister directs or as may be prescribed. 13. The costs of and incidental to the obtaining of Costs of any analysis under this Act shall be paid in the first analysis. instance by the person requesting the analysis, but shall

10752 ss. 14-16. PEST DESTROYERS. Pest Destroyers Act. 14 GEO. V. No. 3, subsequently be dependent upon the results of the analysis, and if the pest destroyer does not comply with the warranty shall be recoverable from the seller of such pest destroyer as a simple contract debt, or, in the case of a conviction for an offence, shall be added to the penalty, and be recoverable in the same manner. .official test 14. The Minister may at any time order an official . moradyerbeed. test of any pest destroyer, and for that purpose the manufacturer or his agent or the dealer shall supply the requisite material from the bulk of the pest destroyer prepared or had in possession for sale. The Minister may cause the result of such test to be published in the Queensland Agricultural Journal or in such other manner as he directs or as may be prescribed. ,-Offences 15. (1.) Any contravention of or failure to observe generally. or comply with any provision of this Act, whether by act or omission, shall be an offence against this Act. (2.) Any person guilty of an offence against this Act for which no penalty is specified shall be liable to a penalty for a first offence of not exceeding twenty pounds, and for any subsequent offence of not less than five pounds nor exceeding fifty pounds. -Who may :prosecute. (3.) A prosecution for an offence agallltlt this Act may be instituted either by the person aggrieved, or by an inspector, or by any person authorised in that behalf by the Minister. Effect of (4.) When, in any proceeding in respect of an convictifn aB offence against this Act, a contravention of any of the ,to samp e. provisions of this Act is proved with regard to any sample of pest destroyer, such contravention shall be deemed to have been proved with regard to the whole lot from which the sample was taken, or all the pest destroyer bought at the same time as such sample. (5.) All offences against this Act shall be heard and determined in a summary way upon a complaint under *" The Justices Acts, 1886 to 1909." Evidenee. 16. In any proceedings- (i. ) No proof shall be required- (a) Of any order to prosecute, or of the particu- lar or general appointment of any officer; or * 50 Vic. No. 17 and Amending Acts, st.pra, pages 1132 et seq.

PEST DESTROYERS. ss. 17, 18. 10753 1923. Pest Dest1'oyers Act. (b) Of the authority of any officer under this Act if such officer purported to act there- under; (ii.) The production of a certificate of analysis purporting to be under the hand of an analyst appointed for the purposes of this Act shall be prima facie evidence of the facts stated therein, unless the defendant requires that the analyst shall be called as a witness, in which case he shall give notice thereof to the plaintiff or prosecutor; (iii.) The burden of proof that any pest destroyer was not dealt with or prepared or offered or received or had in possession or transit or kept or exposed or sent or forwarded or sup- plied or delivered or intended for sale or for purposes of sale, or sold, or that the article is not a pest destroyer or was not intended for use as a pest destroyer, or that the package was labelled as prescribed, or that an invoice was given or sent by the dealer to the buyer as prescribed, shall in every case be on the defendant. 17 . Nothing contained in this Act and no pro- Saving of <eeedings taken under this Act against any person shall civil remedy. in any way interfere with any right or remedy by civil process which any person aggrieved might have had if this Act had not been passed. 18. The Governor in Council may from time to time Regulations. make regulations with respect to all or any of the matters following, that is to say:- (a) Defining and declaring what are pest destroyers Defining pest (of the various descriptions) under this Act; destroyers. (b) Fixing and regulating standards for the con- Standards. stituents of pest destroyers (of the various descriptions) ; (c) The procedure to be adopted by the buyer of Analysin. any pest destroyer in order that he may obtain an analyst'S analysis; (d) Forms to be used under this Act; Forms. (e) Fees to be paid for obtaining an analyst's Fees, &c. analysis; witnesses' expenses to an analyst where the defendant requires that he be

10754 s. 18. PEST DESTROYERS. Pest Destroyers Act. 14 GEO. V. No. 3, 1923. Labels. called as a witness; fees to be paid for anything done under this Act either in addition to or in substitution for any fees. prescribed; (I) Labelling of packages and the affixing thereof; particulars to be printed or written on labels and the kind and size of type to be used in the printing; and any matters or things which are not to be printed or written on labels; Officers and theil' functions. Packages. (g) The manner in which the powers and duties of officers are to be exercised and discharged; generally such things as are necessary or convenient for enabling officers to exercise and discharge their powers and duties and to carry out the objects of this Act; (h) Requirmg that prescribed pest destroyers shall be sold only in packages of such kind and size and made of such material as are prescribed; Generally. (i) Prescribing all things which by this Act are permitted to be prescribed or which are necessary or convenient to be prescribed for giving effect to this Act; Penalties. (j) Penalties for offences against the regulations,. not exceeding in any case the sum of twenty pounds. All such regulations shall upon being published in the Gazette have the same effect as if they were enacted in this Act and shall be judicially noticed and shall not be questioned in any proceedings whatsoever. All such regulations shall be laid before Parliament forthwith, if then sitting, and, if not then sitting, within fourteen days after the commencement of the next ensuing session. If the Legislative Assembly, within the next forty sitting days after any regulations have been so laid before such House, resolves that such regulations or any of them ought to be annulled, the same shall after the date of such resolution be of no effect, without prfl- judice to the validity of anything done in the meantime under such regulations or to the making of any new regulations. .