Rabbit Act of 1964 (Qld)

55 (01te rtslitit4 ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 7 of 1964 An Act to Consolidate and Amend the Law Relating to Rabbits [ASSENTED TO 31ST MARCH, 1964] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. (1) Short title . This Act may be cited as "The Rabbit Act of 1964." (2) Commencement . Except as herein otherwise provided this Act shall come into force on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. 2. Parts of Act . This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART II-THE RABBIT CONTROL AREA AND THE RABBIT CONTROL AUTHORITY; PART III-THE DARLING DOWNS-MORETON RABBIT DISTRICT AND RABBIT BOARD; PART IV-FINANCIAL PROVISIONS; PART V-RESTRICTION ON THE INTRODUCTION- INTO AND THE KEEPING IN QUEENSLAND OF RABBITS; PART VI-ERADICATION OF RABBITS; PART VII-MISCELLANEOUS PROVISIONS.

56 Rabbit Act of 1964, No. 7 3. (1) Repeals. The Acts set out in Schedule I to this Act are repealed to the extent in that Schedule indicated. Such Acts are herein referred to as the " repealed Acts," (2) Dissolutions . The Rabbit Districts of Leichhardt, Darling Downs, and Moreton and the Rabbit Boards for those districts respectively are hereby abolished. (3) Property, & c., of dissolved Boards. Without prejudice to " The Acts Interpretation Acts, 1954 to 1962 ":- (a) All property real or personal, movable or immovable of the abolished Leichhardt Rabbit Board shall upon and by virtue of the commencement of this Act vest in the Minister who may cause to be sold and converted into money any of such property which does not consist of money and shall pay the proceeds .of such sale and conversion together with so much of such property as consists of money into the Treasury to the credit of the Fund called the Rabbit Control Fund established therein under this Act. The Minister shall not cause to be sold by private contract any item of property of the abolished Leichhardt Rabbit Board the fair estimated value of which exceeds one hundred pounds until such item has first been offered for sale by public auction at a time and place whereof public notice has been given not less than fourteen days before the date of the auction by advertisement published in a newspaper circulating in the locality of the place where the auction is to be held. The Minister may sell or agree to sell upon terms any land, whether improved or unimproved, the property of the abolished Leichhardt Board and, in respect of such a sale, may take such security for payment of the unpaid balance of the purchasing price by way of mortgage or otherwise as he deems fit. Every right, remedy, obligation or liability which is enforceable by or against the Minister as a party to any such mortgage or other security shall be enforceable by or against the Minister for the time being, but the Crown shall indemnify the Minister for the time being against any such obligation or liability which is enforced against him; (b) The Minister may transfer to the Rabbit Control Authority any property vested in him by virtue of paragraph (a) of this subsection which in the opinion of the Minister may be used by such Authority in or in connection with the exercise by it of its functions under this Act; (c) All property real or personal, movable or immovable, of the abolished Darling Downs Rabbit Board and Moreton Rabbit Board shall upon and by virtue of the commencement of this Act vest in the Darling Downs-Moreton Rabbit Board constituted under this Act; (d) The liabilities incurred by the abolished Leichhardt Rabbit Board for the purposes of the repealed Acts and undischarged at the commencement of this Act shall upon and by virtue of the commencement of this Act vest in and be discharged by the Minister.

Rabbit Act of 1964, No. 7 57 The Crown shall indemnify the Minister against any such liability which is enforced against him from the Fund called the Rabbit Control Fund established in the Treasury under this Act; (e) The liabilities incurred by either the abolished Dariing Downs Rabbit Board or the abolished Moreton Rabbit Board for the purposes of the repealed Acts and undischarged at the commencement of this Act shall upon and by virtue of the commencement of this Act vest in and be discharged by The Darling Downs-Moreton Rabbit Board constituted under this Act. (4) Any amount due and unpaid at the commencement of this Act of any rate made and levied by any of the abolished Boards under the repealed Acts or any other -moneys due and payable and unpaid to any abolished Board at the commencement of this Act shall be deemed to be due and payable to and shall be recoverable by- (a) in the case of The Leichhardt Rabbit Board, the Minister; or (b) in the case of The Darling Downs Rabbit Board or The Moreton Rabbit Board, The Darling Downs-Moreton Rabbit Board constituted under this Act. (5) The Minister may authorise any prosecution for an offence against the repealed Acts, and upon such authority the offence may be prosecuted, or in the case of proceedings for such an offence instituted before the commencement of this Act, the prosecution for the offence may be continued as if the repealed Acts were still in force. (6) All permits in respect of the introduction into Queensland or the keeping in Queensland of any live rabbit or rabbits issued by the Minister under the repealed Acts and in force at the commencement of this Act shall be deemed to be permits issued under the corresponding provisions of this Act which provisions shall apply and extend accordingly. 4. 8 Geo. VI . No. 16 not to apply to rabbits . " The Stock Routes and Rural Lands Protection Acts, 1944 to 1963," shall not apply to rabbits and rabbits shall not be or be declared to be vermin under and within the meaning of those Acts. 5. Meaning of terms. In this Act; unless the context otherwise indicates or requires, the following terms shall have the meanings set against them respectively, that is to say:- "Authority "-The Rabbit Control Authority constituted under this Act; " Board "-The Darling Downs-Moreton Rabbit Board constituted under this Act; Control Area "-The Rabbit Control Area constituted under this Act; District "-The part of Queensland which constitutes for the time being The Darling Downs-Moreton Rabbit District; " Holding "-Any country land, whether held in fee-simple or under any tenure or subject to any trust under any Act relating to the alienation, leasing and occupation of Crown land. The term includes any land held from the Crown under occupation license under and within the meaning of " The Land Acts, 1962 to 1963," and includes part of a holding;

58 Rabbit Act of 1964, No. 7 " Minister "--The Minister for Lands or other Minister of the Crown for the time being charged with the administration of this Act; " Owner "-The person other than Her Majesty who for the time being is entitled to receive the rent of any land or who, if the same were let to a tenant at a rack-rent, would be entitled to receive the rent thereof. The term includes any lessee or licensee from the Crown and, as respects any land leased by the Commissioner for Railways or a Local Authority, the lessee of such land; " Rabbit check fence "-All fencing on or abutting the part of the boundary of the District specified in Schedule IV to this Act which immediately prior to the commencement of this Act was being maintained rabbit proof by the abolished Darling Downs Rabbit Board or by the abolished Moreton Rabbit Board: the term includes any rabbit-proof fencing erected by the Board on or abutting such part of the boundary of the District; " Rabbit proof "-With reference to any fence, of such character as to prevent the passage of rabbits; " Reserve "--Includes any country land which for the time being is reserved or set apart or reserved and set apart under any Act or law for a public purpose and whether or not the same is under the control of a Local Authority or a trustee or trustees; " Road "-Includes any road or route ordinarily used for the purpose of travelling stock or declared under any Act to be a stock route; " Year "-The period of time from and including the first day of July in one calendar year to and including the thirtieth day of June in the next following calendar year. 6. Administration . This Act shall be administered by the Minister and, subject to the Minister, by The Rabbit Control Authority. 7. Officers . The Governor in Council may appoint such rabbit control officers and other officers as he deems necessary for the administration of this Act. Every such appointee shall be appointed and shall hold office under, subject to and in accordance with " The Public Service Acts, 1922 to 1963." Any such appointee may be appointed to and may hold office under this Act in conjunction with any other office held by him under " The Public Service Acts, 1922 to 1963." Every such appointee shall, in respect of the office to which he is appointed under this Act, be deemed to be an officer of the Department of Lands.

Rabbit Act of 1964, No. 7 59 PART II-THE RABBIT CONTROL AREA AND THE RABBIT CONTROL AUTHORITY 8. Rabbit Control Area. (1) The part of Queensland described in Schedule II to this Act is hereby constituted The Rabbit Control Area. (2) The Governor in Council by Order in Council may from time to time alter the Control Area by excluding therefrom any part thereof or by including therein any part of Queensland which at the time is not included therein. No part of The Darling Downs-Moreton Rabbit District shall be included in the Control Area. 9. The Rabbit Control Authority . (1) An Authority called "The Rabbit Control Authority " is hereby constituted for The Rabbit Control Area. (2) The Authority shall consist of- (a) the Chief Commissioner of Lands who shall be the chairman of the Authority; and (b) two members (being persons who reside in the Control Area and each of whom is the owner of a holding situated in such Area) appointed by the Governor in Council upon the recommendation of the Minister by notification published in the Gazette who shall hold office at the pleasure of the Governor in Council. 10. (1) Secretary . The Secretary of the Land Administration Commission shall be the Secretary of the Authority. Section three hundred and eighty-one of " The Land Acts, 1962 to 1963," shall, with and subject to all necessary adaptations, apply with respect to the Authority. (2) Employees . The Authority may employ such employees as the Authority deems necessary to perform and carry out the functions of the Authority, including all such functions and works for effecting in relation to the Control Area the objects of this Act, and in particular for destroying rabbits therein, as the Minister directs. 11. Advisory committees . (1) The Minister may by notification published in the Gazette- (a) divide the Control Area into four divisions; and (b) appoint for each such division an advisory committee consisting of a Land Commissioner, who shall be chairman, and two other persons, each of whom shall be a member of a Local Authority, the Area of part of the Area whereof is within the division in question. (2) The members of sucl. an advisory committee shall hold office at the pleasure of the Minister. (3) A function of an advisory committee shall be, in respect of each year, to recommend to the Authority a programme of works for the destruction of rabbits to be carried out in its division. An advisory committee shall accompany such recommendation with its estimate of the cost of carrying out the works recommended by it.

60 Rabbit Act of 1964, No. 7 (4) An advisory committee, in respect of its division, shall exercise such other advisory and such supervisory functions as the Minister or, subject to the Minister, the Authority may from time to time require or direct. 12. (1) Functions of the Authority. , It shall be the duty of the Authority to control and reduce the infestation of the Control Area by rabbits with the object of freeing and maintaining free from such infestation the Control Area and for the purpose of carrying out such duty the Authority, subject to any general or special directions the Minister may give, shall- (a) from time to time investigate the degree of rabbit infestation throughout the Control Area and keep records of such investigations; (b) from time to time by research and experiment determine the most efficient method of destroying rabbits in or in any part of the Control Area; (c) plan and co-ordinate the work of destroying rabbits in or in any part of the Control Area in the most efficient manner according to the most efficient method and carry out the work of destroying rabbits in the Control Area or in any part thereof as so planned and co-ordinated; (d) estimate in respect of each year the amount of revenue required to defray the cost of carrying out the functions of the Authority and the expenses, additional to such cost, of administering in respect of the Control Area the provisions of this Act; (e) having regard to the aggregate of the unimproved values of lands rateable for the purposes of this Act in each Area of a Local Authority and part of the Area of a Local Authority included in the Control Area and to the estimated costs of work of destroying rabbits proposed to be carried out in each such Area or part of an Area during any year, recommend to the Minister the amount of the rate to be levied in such year in respect of each such Area and part; (f) perform all such functions and carry out all such works for effecting in relation to the Control Area the objects of this Act, and in particular for destroying rabbits therein, as the Minister may from time to time require or direct. (2) Plant, machinery , equipment and materials . The Authority may acquire any plant, machinery, equipment or materials necessary in respect of the performance of its functions, and may dispose of any of the same which is no longer required for the purpose for which it was acquired or the use of which for such purpose is through wear and tear or otherwise no longer economic. The proceeds of any such disposal shall be paid into the Fund. PART III-THE DARLING DOWNS-MORETON RABBIT DISTRICT AND RABBIT BOARD 13. The Darling Downs - Moreton Rabbit District . Schedule IR . (1) The part of Queensland described in Schedule III to this Act is hereby constituted a Rabbit District to be called " The Darling Downs-Moreton Rabbit District." (2) The Governor in Council by Order in Council may from time to time alter the District by excluding therefrom any part thereof or by including therein any part of Queensland which at the time in question is not included therein.

Rabbit Act of 1964, No. 7 61 Any part of the Control Area which is or has been excluded therefrom may, pursuant to this subsection, be included in the District (and either by the Order in Council excluding it from the Control Area or by a separate Order in Council.) 14. The Darling Downs-Moreton Rabbit Board . (1) A Rabbit Board called " The Darling Downs-Moreton Rabbit Board " is hereby constituted for the District. (2) During the period from and including the date of commencement of this Act and thereafter to and including the thirtieth day of June, one thousand nine hundred and sixty-four, the Board shall, subject to this Act, consist of the ten persons who were the five members of the abolished Darling Downs Rabbit Board and the five members of the abolished Moreton Rabbit Board immediately prior to the commencement of this Act. (3) On and after the first day of July, one thousand nine hundred and sixty-four, the Board shall consist of six members. Such members shall comprise- (a) the holder of the office under " The Public Service Acts, 1922 to 1963," of Land Commissioner Toowoomba who shall be ex-officio a member; (b) five members being in respect of the period prescribed by subsection (5) of this section the members prescribed by subsection (4) of this section, and being thereafter the five members elected as prescribed. (4) On or before the thirty-first day of May, one thousand nine hundred and sixty-four- (a) the five members of the Board who were the members of the abolished Darling Downs Rabbit Board shall, in writing signed by all of them, furnish to the Minister the names of three of them who will continue to be members of the Board on and from the first day of July, one thousand nine hundred and sixty-four; and (b) the five members of the Board who were the members of the abolished Moreton Rabbit Board shall, in writing signed by all of them, furnish to the Minister the names of two of them (being persons who reside in the part of the abolished Moreton Rabbit District included in the District, and each of whom is the owner of a holding situated in such part) who will continue to be members of the Board on and from the first day of July, one thousand nine hundred and sixty-four. The Minister shall notify in the Gazette the five names furnished to him as prescribed by this subsection. If five names are not furnished to the Minister as prescribed by this section he may nevertheless notify in the Gazette five names, and may or may not, as he deems fit, include in such notification any names which have been furnished to him as prescribed by this subsection. (5) During the period from and including the first day of July, one thousand nine hundred and sixty-four, and thereafter to and including the thirtieth day of June, one thousand nine hundred and sixty-seven, the five persons whose names are notified by the Minister in the Gazette pursuant to subsection (4) of this section shall, subject to this Act, constitute the Board.

62 Rabbit Act of 1964, No. 7 Subject to this Act, every such member shall he eligible for election to the Board at the first prescribed triennial election of the whole number of members of the Board other than the ex-officio member. 15. Triennial election of members of the Board . (1) There shall be a triennial election of the whole number of members of the Board, other than the ex-officio member, on or before the thirty-first day of May in the calendar year one thousand nine hundred and sixty-seven and in every third calendar year thereafter. (2) For the purposes of the election triennially of the whole number of members of the Board other than the ex-officio member, the Governor in Council shall by Order in Council divide the District into two Divisions called the Darling Downs Division and the Moreton Division. The Governor in Council may by Order in Council alter such divisions by excluding part of one therefrom and including it in the other or by abolishing both and re-dividing the District. At every triennial election of the whole number of the members of the Board other than the ex-officio member, three members shall be elected by the persons resident in the Darling Downs Division who are qualified to vote and two members shall be elected by the persons resident in the Moreton Division who are qualified to vote. (3) The Minister shall notify in the Gazette the names of members elected at a triennial election. (4) If, at any triennial election, the whole number of members to be elected is not elected (including where none of them is elected) the Governor in Council by notification published in the Gazette, may appoint a sufficient number of persons to complete the full membership of the Board and every person so appointed shall be deemed to have been elected a member of the Board at the election in question and shall hold office accordingly. 16. Tenure of office of triennially elected members. Every member elected or deemed to have been elected as such at a triennial election of the whole number of members of the Board, other than the ex-officio member, shall, subject to this Act, hold office as a member of the Board during the period from and including the first day of July in the calendar year in which he is elected or deemed to be elected and thereafter to and including the thirtieth day of June in the calendar year in which the next succeeding triennial election of the whole number of members of the Board other than the ex-officio member is prescribed to be held. Subject to this Act, every such member shall be eligible for re-election. 17. Qualifications of voters . Every person who resides in a Division of the District and who is the owner or manager of a holding rateable for the purposes of this Act situated in the Division of the District in which he resides shall be qualified to vote at the triennial election of the members of the Board to he elected in respect of that Division. 18. Disqualification from being elected to or holding office as member. (1) A person shall not be capable of being elected a member of the Board in respect of a Division of the District at a triennial election unless he is qualified to vote in respect of that Division at that triennial election.

Rabbit Act of 1964, No. 7 63 (2) The office of a member of the Board , other than the ex -officio member , shall become vacant if such member- (a) (not being a member appointed pursuant to subsection (4) of section fifteen of this Act) ceases to be a qualified voter in respect of the Division of the District for which he was elected; or (b) dies or becomes mentally sick; or (c) becomes bankrupt or compounds with his creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or (d) is absent without leave granted by the Board from three consecutive ordinary meetings of the Board of which due notice has been given to him; or (e) resigns his office by writing under his hand delivered to the clerk to the Board ( which resignation shall be complete and shall take effect from the time when it is received by the said clerk); or (f) is convicted of an indictable offence or of an offence against this Act; or (g) is removed from office by the Governor in Council by notification published in the Gazette on the grounds of mental or physical incapacity to perform his duties or because of any conduct which , in the opinion of the Governor in Council, shows the member to be unfit to be a member of the Board: Provided that the attendance of any such member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason that no quorum is present no meeting is actually held on that day, and the clerk to the Board shall enter in the minute book the names of all members who so attend. (3) If the office of a member becomes vacant by virtue of any provision of subsection ( 2) of this section, the Governor in Council by notification published in the Gazette, may appoint a person having ( except where the member whose office has become vacant was appointed pursuant to subsection ( 4) of section fifteen of this Act) a like qualification as a member to hold office for the balance of his predecessor ' s term of office. 19. (1) Chairman . The Board shall appoint one of its members to be its chairman. Such an appointment shall be made at the meeting of the Board first held after its constitution and after every triennial election of the whole number of its members, other than the ex-officio member. If the member appointed chairman at the meeting of the Board first held after its constitution ceases to be a member on the thirtieth day of June, one thousand nine hundred and sixty-four, the Board shall make such an appointment at its meeting first held after that date. When and so often as a casual vacancy occurs in the office of chairman the Board shall make an appointment to that office. (2) Quorum . At any meeting of the Board four members shall be a quorum. (3) The chairman shall preside at any meeting of the Board at which he is present. In the absence of the chairman at any meeting of the Board the members present may elect one of their number to preside.

64 Rabbit Act of 1964, No. 7 (4) Casting vote. At a meeting of the Board the chairman or, in his absence, the member elected by the members present to preside, shall have a deliberative vote and, in the event of an equality in votes, a second or casting vote. 20. Functions of Board . (1) It shall be the duty of the Board to at all times ensure that owners of holdings situated in the District maintain free from rabbits their holdings and to at all times maintain the rabbit check fence so that such fence is rabbit proof and for the purpose of carrying out such functions the Board subject to any general or special directions the Minister may give, shall- (a) plan and co-ordinate the work of maintaining in the most efficient manner the rabbit check fence so that such fence is rabbit proof and carry out the work of maintaining such fence as so planned and co-ordinated; (b) estimate in respect of each year the amount of revenue required to defray the cost of carrying out the functions of the Board and the expenses, additional to such cost of administering in respect of the District the provisions of this Act; (c) exercise and perform all such functions and carry out all such works for effecting in relation to the District the objects of this Act, as the Minister may from time to time direct. (2) The estimate prescribed by paragraph (b) of subsection (1) of this section shall, in respect of each and every year be made and furnished to the Minister not later than the last preceding thirtieth day of April, and shall be accompanied by a statement of the works and other functions of the Board for defraying the costs and expenses of the carrying out and performance whereof the estimated revenue is required. Such statement shall specify the works and other functions to which it relates and shall set out in relation to each work or other function so specified an estimate of the cost or expenses of the carrying out or performance thereof. In making to the Governor in Council, in respect of any year, the recommendation referred to in section twenty-six of this Act, the Minister shall have regard to, but shall not be bound by, the estimate made and furnished by the Board as prescribed by this subsection in respect of that year and to the statement accompanying such estimate. (3) The Minister shall, in respect of each year, approve of such works and other functions to be carried out by the Board as he deems fit having regard to the objects of this Act and of the costs or expenses to be incurred by the Board in carrying out each work or other function approved by him. In respect of so approving, the Minister shall be bound by the determination in respect of the year in question made by the Governor in Council by Order in Council under section twenty-six of this Act. 21. Board may acquire lands , &c. (1) The Board may with the approval of the Minister, for any purpose connected with the performance of the functions of the Board, acquire and hold within the District any freehold land, or a lease under Part VII of " The Land Acts, 1962 to 1963," or any special lease issued in pursuance of the provisions of that Act. (2) Expenditure incurred by the Board in the acquisition, under the authority of this section, of any land or lease shall be deemed to be incurred by it in the performance of its functions.

Rabbit Act of 1964, No. 7 65 (3) The Board, with the approval of the Minister, may exchange any land or lease for any other land or lease mentioned in subsection (1) of this section, more suited for the purpose of the performance of the functions of the Board, or may sell any land or lease held by it, which is no longer required for such purpose, and in the latter case, the sale price, after deduction of any expenses incurred in offering the land or lease for sale shall be paid into the general fund of the Board. 22. Plant, machinery, equipment and materials . Subject to the Minister having approved the expenditure to be incurred, the Board may acquire any plant, machinery, equipment or materials necessary in respect of the performance of its functions. The Board may dispose of any plant, machinery, equipment or materials which is or are no longer required for the purpose for which the same was or were acquired or the use of which for such purpose is through wear and tear or otherwise no longer economic. The proceeds of any such disposal shall be paid into the general fund of the Board. 23. Employees . (I) Subject to this section the Board shall. appoint a Clerk to the Board and may employ such other employees as the Board deems necessary to perform and carry out the functions of the Board, including all such functions and works for effecting in relation to the District the objects of this Act, as the Minister directs. (2) Where an award of an industrial tribunal applies to the employment of the Clerk to, or any other employee of, the Board he shall be employed under, subject to and in accordance with such award. If there is no such award, the employee (including the clerk) shall be paid such salary or wages and allowances as the Minister, upon the recommendation of the Public Service Commissioner, determines and otherwise shall be employed upon such terms and conditions as are agreed upon between the Board and the employee. 24. Audit of the Board ' s accounts . At least once in each year, the accounts of the Board shall be audited by the A_uditer-General who shall have, with respect to such audit and accounts, all the powers and authorities conferred on him by " The Audit Acts, 1874 to 1963," and who shall report thereon. PART IV-FINANCIAL PROVISIONS 25. (1) Rabbit Control Fund . There shall be established in the Treasury a Fund to be called the " Rabbit Control Fund " (in this Act called the " Fund "). (2) Receipts . There shall be paid into the Fund- (i) the property of the abolished Leichhardt Rabbit Board which consists of money vested in the Minister pursuant to section three of this Act; (ii) the proceeds of the sale or conversion of any property of the abolished Leichhardt Rabbit Board which does not consist of money vested in the Minister pursuant to section three of this Act; 3

66 Rabbit Act of 1964, No. 7 (iii) any amount paid to or recovered by the Minister of any moneys due and unpaid to the abolished Leichhardt Board at the commencement of this Act in respect of any rate made and levied by that Board or otherwise; (iv) the proceeds of the sale by the Control Authority of surplus plant, machinery, equipment or materials; (v) all rates and other moneys paid under this Act to Local Authorities or paid by Local Authorities pursuant to a precept issued under section twenty-nine of this Act; (vi) a sum of sixteen thousand pounds per annum to be paid from Consolidated Revenue. (3) Outgoings . There shall be paid from the Fund moneys required for all or any of the following purposes, and for no other purpose:- (a) the discharge of any outstanding liability of the abolished Leichhardt Rabbit Board incurred by that Board for the purposes of the repealed Acts; (b) the defrayment of expenditure approved by the Minister to be incurred by the Board; (c) in respect of the Authority- (i) expenses incurred in the execution of this Act; (ii) the cost of works carried out for the purposes of this Act; (iii) the cost of materials supplied or used for the purposes of this Act including all incidental costs, charges and expenses in relation to such materials and the cost of conveying such materials to the site where they are to be used; (iv) the cost of plant, machinery and equipment used for the purposes of this Act including the cost of operating and maintaining the same; (v) the cost of experiments, investigations and research carried out with the approval of the Minister with the object of achieving the purposes of this Act; (d) any other payment required or permitted by this Act to be made out of the Fund. (4) Notwithstanding any provision of this Act payment may be made from the Fund of expenditure by the Authority or the Board, with the prior approval of the Minister, to meet any circumstances of emergency caused by fire, flood, storm, tempest or other act of God. 26. Funds raised by rates. (1) From time to time in respect of any and every year and in respect of the District and the Control Area the Governor in Council, upon the recommendation of the Minister, may, by Order in Council published in the Gazette, determine that funds shall be raised for the purposes of this Act by means of a rate levied upon all land rateable for the purposes of this Act and situated within the District or, as the case may be, Control Area, and thereupon the provisions of this Part with respect to rates shall apply for the purposes of the making, levying, collection, and recovery of that rate accordingly. Whenever the Governor in Council makes such a determination he shall, upon the recommendation of the Minister, either by the same Order in Council or by another Order in Council published in the Gazette fix a rate or rates at which such funds shall be raised and may fronn time to time by Order in Council published in the Gazette vary any such rate so fixed.

Rabbit Act of 1964, No. 7 67 Each such rate shall be fixed in relation to an Area of a Local Authority or part of such an Area within the District or, as the case mal, require, the Control Area and when two or more such rates are fixes such rates may differ as the Governor in Council deems fit. (2) A rate fixed by the Governor in Council under the preceding subsection shall not, in any case , exceed one half penny in the pounc of the rateable value of the land upon which the rate shall be levied: Provided that in any case where the Governor in Council by Ordei in Council published in the Gazette, has declared that any Area of a Local Authority, or any part of such an Area, within the Control Area is an area abnormally infested by rabbits, for so long as such Order in Council remains in force, the Governor in Council may, in accordance with subsection (1) of this section, from time to time increase any rate fixed by him urider the said subsection and which is for the time being applicable in respect of the Area of a Local Authority, or any part thereof, so declared as he deems fit notwithstanding that such increased rate exceeds the maximum rate provided for by this subsection. (3) The Governor in Council may specify in an Order in Council made under this section any matter with respect to the levying of the rate which he deems necessary or desirable. 27. Rateable land. (1) Land shall be rateable for the purposes of this Act when it is rateable for the purposes of " The Local Government Acts, 1936 to 1963," except- (i) land which is not situated within either the District or the Control Area; (ii) land situated in any city or town or, in the case of a shire, in any township therein, and used for residential, industrial, manufacturing, business or mining purposes; (iii) land comprising a holding which is exempted from rating in pursuance of this Act or any other Act. (2) For the purposes of this Act the rateable value of any land shall be the rateable value thereof for the time being for the purposes of " The Local Government Acts, 1936 to 1963." 28. Local Authoritice responsible for levying rates . (1) If at any time the Governor in Council determines in respect of the District or Control Area that funds for the purposes of this Act shall be raised by means of a rate levied upon all land rateable for the purposes of this Act and situated within the District or, as the case may be, Control Area, and fixes a rate or rates at which such funds shall be raised, then every Local Authority whose Area or part of whose Area is comprised in the District or Control Area shall, in accordance with the determination of the Governor in Council and with the rate fixed by him and with any matter specified by him, levy the rate upon all land rateable for the purposes of this Act and situated within its Area and within the District or, as the case may be, Control Area by service of a notice thereof upon the person who is the owner, within the meaning of " The Local Government Acts, 1936 to 1963," of that land and such rate shall be payable by that person at the office of the Local Authority avid shall be so paid within two months after the service of the notice as aforesaid.

68 Rabbit Act of 1964, No. 7 (2) Subject to the provisions of this section, the provisions of " The Local Government Acts, 1936 to 1963," relating to the levying, collection, and recovery of rates by a Local Authority shall, with all necessary adaptations thereof, apply for the purposes of this Act and as if the rates made and levied under this Act were the rates therein referred to, and the Local Authority shall collect and recover all rates payable by virtue of this section and pay all such moneys into the Fund. (3) The Governor in Council from time to time may exempt any holding from rating for the purposes of this Act, or remit and discharge in whole or in part any rates payable, or refund in whole or in part any rates paid for the purposes of this Act, where he considers, upon the recommendation of the Minister, that for any reason whatsoever such exemption, remission and discharge, or, as the case may be, refund should be made. Any such exemption may be made by Order in Council published in the Gazette. 29. Precept on Local Authority. (1) Notwithstanding any provision of any other Act, from time to time the Minister, upon a request in writing made in respect of any year and in respect of the District or the Control Area by any Local Authority whose Area or part of whose Area is comprised in the District or, as the case may be, Control Area (and made prior to the time when a rate in respect of that year and the District or, as the case may be, Control Area is required under the provisions of this Act to be levied by the Local Authority or, if no time is fixed by a determination that funds be raised by such a rate, prior to the time when such a rate would normally be levied by the Local Authority in consequence of such a determination), and if that request is accompanied by a statement in writing certified to by the chairman and clerk of such Local Authority evidencing the total rateable value of all lands in the Area of the Local Authority in question and within the District or, as the case may be, Control Area which are rateable under and for the purposes of this Act, shall issue in relation to the District or as the case may be, Control Area and in respect of such year to such Local Authority a precept signed by him and in the form prescribed by this section or in a form to the like effect stating therein an amount, being the amount of the funds which it is estimated would be raised by the Local Authority in relation to such District or, as the case may be, Control Area and in respect of such year on the levying by it of a rate consequent on a determination made or intended to be made in respect of the District or, as the case may be, Control Area and that year by the Governor in Council under the provisions of this Act. Upon the issue to the Local Authority of the precept, the Local Authority shall be released from any obligation to levy a rate under the provisions of this Act in respect of the year and the District or, as the case may be, Control Area, but notwithstanding any Act to the contrary, the Local Authority shall comply with such precept and pay out of its General Fund into the Fund the amount stated therein : Provided that any determination, made in respect of the year and the District or, as the case may be, Control Area, to raise funds by means - of a rate shall remain binding on those Local Authorities concerned to which no precept in relation to the year and the District or, as the case may be, the Control Area is issued.

Rabbit Act of 1964, No. 7 69 (2) A precept under subsection (1) of this section shall be in the following form or in a form to the like effect:- Precept " The Rabbit Act of 1964 " To the Council of the Town (or City or Shire) of These are to require you, the Council of the Town (or City or Shire) of , from and out of your General Fund to pay, in relation to (The Darling Downs-Moreton Rabbit District or The Rabbit Control Area) and in respect of the year commencing on and including the first day of July, 19 , on or before the day of '19 , into the hands of for placing to the credit of the Rabbit Control Fund, the sum of pounds, being the amount of funds to be raised for the purposes of the above Act in the Area of your Local Authority. Dated this day of , 19 Minister for Lands. (3) For the purpose of enabling any Local Authority to which any precept is issued under this section to provide the necessary moneys to comply with the precept, the Local Authority may increase its general rate in respect of the year in question to be made and levied in respect of all land rateable for the purposes of this Act within its Area and within the District or, as the case may be, Control Area to the extent necessary to pay the amount of the precept, but so that the amount of the increase in its general rate in respect of any land shall not exceed the amount of the rate fixed in respect of that land under the provisions of section twenty-six of this Act for that year. (4) The Governor in Council may refund from the moneys paid by a Local Authority under any such precept the whole or any part of such increase in the general rate of the Local Authority paid in respect of any land where he considers, upon the recommendation of the Minister, that for any reason whatsoever such refund should be made. PART V-RESTRICTION ON THE INTRODUCTION INTO AND THE KEEPING IN QUEENSLAND OF RABBITS 30. Live rabbits not to be introduced . (1) A person shall not bring, or attempt to bring, or cause, or permit to be brought into Queensland from outside of Queensland, or into any part of Queensland from another part of Queensland, or remove, or attempt to remove, or cause, or permit to be removed from any place in Queensland, any live rabbit unless he is the holder of a permit granted by the Minister under this Part of this Act. (2) A person shall not turn loose, or attempt to turn loose, or cause, or permit to be turned loose in Queensland any live rabbit. 31. Prohibition on keeping live rabbits . A person shall not keep, or have in his possession, or under his control, or cause, or permit to be kept in or upon any place whatsoever, any live rabbit unless he is the holder of a permit granted by the Minister under this Part of this Act. 32. Live rabbits may be destroyed . (1) It is lawful for any person to destroy any live rabbit found at any place within Queensland.

70 Rabbit Act of 1964, No. 7 (2) The owner or other person having an interest in any rabbit destroyed shall not he entitled to recover any compensation or damages for any loss or damage alleged to have been sustained by him by such destruction. (3) The provisions of subsections (1) and (2) of this section shall not apply in respect of any live rabbit in respect of which the Minister has granted a permit under this Act whilst such permit remains in force and the conditions of such permit are being complied with in every respect. 33. Powers of entry upon land . (1) Without prejudice to any other provision of this Act or any other Act authorizing an entry upon land, for the purpose of searching for or the destruction of rabbits, any rabbit control officer or other officer, appointed under this Act, any Land Commissioner, Assistant Land Commissioner, or land ranger appointed under " The Land Acts, 1962 to 1963," any member of the Police Force of Queensland or any other person authorized in that behalf by the Minister, may at all reasonable times enter upon any land for the purpose of ascertaining whether there are any live rabbits thereon. (2) Subject to subsection (3) of this section, when any of the aforesaid persons has reason to suspect that any live rabbit is kept or had in possession or under control in or upon any land, building, vehicle, vessel, boat, or other place whatsoever in contravention of this Act, that person may, with such assistants as he deems necessary, search that land, building, vehicle, vessel, boat, or place and for that purpose may enter upon or into that land, building, vehicle, vessel, boat, or other place and may take and retain any live rabbit there found by him when in his opinion it is necessary or desirable so to do for the purpose of producing that rabbit in evidence in any proceeding. (3) Subsection (2) of this section shall not authorize any of the aforesaid persons to enter and search any dwelling-house or any part used for residential purposes of a building unless that person does so under the authority of a search warrant. (4) If it appears to a justice of the peace, upon complaint made or, oath by any of the aforesaid persons, that such person has reasonable grounds for suspecting and does suspect that any live rabbit is kept or had in possession or under control in any dwelling-house or in any part used for residential purposes of a building then that justice may issue his warrant directing the person named therein to search that dwelling-house or part of a building. 34. Minister may grant a permit . (1) The Minister may grant to- (a) the trustees or manager of any public gardens, museum, grounds or exhibition; (b) a person who collects or desires to collect live rabbits for scientific purposes; (c) a person who requires live rabbits for zoological or biological purposes, a permit in writing to do all or any of the following things- (i) bring into Queensland from outside of Queensland, or into any part of Queensland from another part of Queensland any live rabbit or rabbits; (ii) remove from any place in Queensland any live rabbit or rabbits;

Rabbit Act of 1964, No. 7 71 (iii) keep or have in possession or under control in or upon any place any live rabbit or rabbits. (2) In respect of any permit granted under this section the Minister may impose such conditions as he deems fit and every such condition and the period of such permit shall be set forth in the permit. (3) The Minister may, in his discretion, extend the period of or cancel any permit issued by him under this section. (4) Any person to whom a permit has been granted under this section who contravenes or fails to comply in any respect with the conditions of that permit commits an offence against this Act. 35. Proceedings and penalties under this Part. (1) Any person who contravenes any provision of section thirty of this Act shall be prosecuted upon indictment if the Minister so directs and, if so prosecuted, shall be liable to a penalty not exceeding five hundred pounds or to imprisonment for a term not exceeding two years or to both such penalty and imprisonment. (2) Any person who commits an offence against any provision of this Part may, subject to subsection (1) of this section, be prosecuted by way of summary proceedings under " The Justices Acts, 1886 to 1964," and shall be liable- (a) in the case of a first offence against a provision of this Part to a penalty not less than twenty pounds nor exceeding one hundred and fifty pounds; or (b) in the case of a second or subsequent offence against a provision of this Part, and whether the same or a different provision, to a penalty not less than fifty pounds nor exceeding one hundred and fifty pounds; or (c) in any case, to imprisonment for a term not exceeding six months; or (d) in any case, to both such penalty as aforesaid and to such imprisonment as aforesaid. 36. Natural enemies of rabbit may be declared . (1) The Governor in Council may, from time to time, by Order in Council published in the Gazette, declare any animal, bird or reptile to be a natural enemy of the rabbit and may in like manner prohibit the taking or killing of any such animal , bird or reptile within the part of the State specified in the Order in Council without a permit in that behalf first had and obtained from the Minister. (2) The Minister may grant to any person a permit referred to in the preceding subsection subject to such conditions as he deems fit. (3) Any person who- (a) takes or kills any animal, bird or reptile the subject of an Order in Council made under subsection ( 1) of this section, unless he is the holder of a permit granted under subsection (2) of this section; or

72 Rabbit Act of 1964, No. 7 (b) being the holder of such a permit, does not comply in every respect with the conditions of that permit, commits an offence against this Act. 37. No other provision to prejudice this Part. No provision of any other Act or of any other Part of this Act shall be construed to prejudice or restrict the operation of any provision of this Part. PART VI-ERADICATION OF RABBITS 38. Application of this Part. This Part of this Act applies in respect of every part of Queensland except those parts which for the time being are within the Control Area. 39. Duties of owners. (1) Every owner of a holding shall, at his own cost, at all times maintain free from rabbits-- (a) such holding; (b) so much of every road and of every reserve as adjoins or is within the boundaries of such holding and which is not fenced out of such holding; and (c) so much of the bed and banks of every non-tidal watercourse as abuts upon or bounds such holding. (2) Every such owner shall, when and so often as required so to do by the Minister or, when the holding is situated within the District, the Board furnish to the Minister or, as the case may be, the Board a statutory declaration under " The Oaths Arts, 1867 to 1960," declaring what action he has taken during the period for which that information is required for the purpose of performing his obligations under subsection (1) of this section, and stating what measures he intends to take for that purpose during the ensuing year. (3) If at any time the Minister or, as the case may be, the Board is not satisfied that effective measures, for the purpose of meeting his obligations under subsection (1) of this section, are being taken or will be taken by the owner of any holding the Minister or, as the case may be, the Board may cause to be served upon that owner a notice in writing directing him to take the action specified in the notice, and if so specified. within the time or times specified in the notice, for the purpose of performing his obligations under subsection (1) of this section. The owner upon whom such a notice is served shall, within the time or times specified and in compliance in every other respect with the directions therein contained, take the action specified in the notice, and his failure so to do shall constitute an offence on his part against this Act and shall render him liable to a penalty not exceeding fifty pounds. Upon such failure, whether proceedings are taken for an offence in relation thereto or not or whether the person failing to comply with the notice as aforesaid is convicted or not in any such proceedings, the Minister or, as the case may be, the Board may authorise any person, with or without assistants, to enter upon the holding and other lands, if any, in relation thereto as specified in subsection (1) of this section to search for and destroy rabbits. Any person so authorised may enter, re-enter, and remain upon the holding and those other lands, if any,

Rabbit Act of 1964, No. 7 73 with or without assistants, and may take all such measures as to the Minister or, as the case may be, the Board or to him appear necessary or expedient to achieve the purpose of his entry thereon. The amount of all costs, charges, and expenses incurred by the Minister or, as the case may be, the Board in the search for and destruction of rabbits pursuant to this subsection shall be recoverable by the Minister or, as the case may be, the Board from the person failing to comply with the notice by action in any court of competent jurisdiction. All such costs, charges and expenses shall, until payment is made, be and remain a charge upon the holding in respect of which they have been incurred in priority to all mortgages, charges, liens and encumbrances whatsoever, and notwithstanding any change that may take place in ownership of the holding, shall bind, and may he recovered from, the owner of the holding for the time being, but the Minister or, as the case may be, the Board shall not be entitled by virtue hereof to recover more than the full amount of any such costs, charges and expenses. 40. Saving of other provisions . The provisions of this Part of this Act are in addition to and not in derogation of any other provision of this Act and all other provisions of this Act. except those contained in Part IV of this Act, shall, when convenient for the administration of this Part or when necessary or expedient to achieve the objects of this Part, extend and apply in respect of the purposes of this Part accordingly. PART VII-MISCELLANEOUS PROVISIONS 41. Offences in relation to rabbit check fence . (1) Any person who, without the sanction of the Board, destroys, cuts, breaks or damages any part of the rabbit check fence. or any part of the wire netting attached to such fence commits an offence against this Act and is liable to a penalty not exceeding two hundred pounds and not less than twenty pounds. (2) Any person who- (a) leaves open a gate in the rabbit check fence aforesaid; or (b) causes any stock to be confined, encamped or shut in against such fence so as to be in close proximity thereto; or (c) removes, opens, or tampers with any flood-gate, or barrier of any description, being a part of such fence, commits an offence against this Act and is liable to a penalty not exceeding two hundred pounds. 42. Fences joining or abutting the rabbit check fence . (1) Except with the permission of the Board and in compliance in every respect with the terms and conditions of the permit, the owner of a holding situated within or without the District shall not erect or cause or allow to be erected, or permit to remain erected on or on the boundary of such holding a fence or thing of any kind whatsoever joined to or abutting within ten feet of the rabbit check fence. (2) The Board may subject any permission under this section to such terms and conditions as it deems fit including conditions requiring the permittee to erect and maintain in respect of the fence or other thing such and so many gates as are specified thereby, and so situated as is specified thereby, for the use of rabbit control officers, and the Board and its officers and other employees.

74 Rabbit Act of 1964, No. 7 (3) Permission under this section shall he by way of a permit in writing and the terms and conditions to which the permission is subject shall be set out in the permit. (4) A permittee shall comply in all respects with the terms and conditions of a permit under this section. (5) A person who contravenes in any respect the provisions of this section commits an offence against this Act and is liable to a penalty not exceeding fifty pounds. 43. Duty of owner in Control Area. (1) The Authority may by notice in writing require any owner of a holding in the Control Area to take and do all such steps and things as are specified in the notice for destroying, or assisting in the destruction of rabbits on- (a) such holding; (b) so much of every road and of every reserve as adjoins or is within the boundaries of such holding and which is not fenced out of such holding; and (h) so much of the bed and banks of every non-tidal watercourse as abuts upon or bounds such holding. Such a notice may specify a date on or before which, or a period of time within which, the owner shall take or do the steps and things thereby required. (2) An owner who fails in any respect to comply with the requirements of a notice under this section commits an offence against this Act. (3) The Authority may recoup to an owner the whole or part of the costs incurred by him in complying with the requirements of a notice under this section. 44. Obstruction of authorized persons. Any person who obstructs, resists or hinders any person, authorized by or under this Act to perform any work, or to do any act or thing, in the exercise of his authority commits an offence against this Act and is liable to a penalty not exceeding fifty pounds and not less than ten pounds. 45. Offences generally. (1) Any person who contravenes or fails to comply with any provision of this Act commits an offence against this Act, and, except where a specific penalty is otherwise provided, is liable to a penalty of one hundred and fifty pounds. (2) A person who continues an offence against this Act after he has been convicted therefor is liable to a penalty not exceeding ten pounds for each and every day on which the offence continues. (3) Subject to this Act, all offences against this Act may be prosecuted by way of summary proceedings under " The Justices Acts, 1886 to 1964." Every such proceeding may be taken upon the complaint of- (a) in the case of an offence against any provision of Part V of this Act, any person; or (b) in the case of an offence committed in or in relation to the District, the chairman of the Board, any person authorized in writing by the Board or the chairman of the Board or any person authorized in writing by the Minister; or

Rabbit Act of 1964, Nc. 7 75 (c) in the case of any other offence, any person authorized in writing by the Minister. (4) When, in this Act, it is expressed or implied that any person convicted of an offence against this Act is liable to a penalty not less than a stated amount it is implied that, notwithstanding the provisions of any other Act, the penalty imposed upon that person shall not be less than such stated amount. (5) Any amount of a penalty recovered for an offence against this Act shall be paid into the Fund. 46. Evidentiary aids. In any proceeding under or for the purposes of this Act- (a) it shall not be necessary to prove- (i) the limits of the District, the Control Area or the location of the rabbit check fence, or any part of the same; (ii) the signature of the Minister or the chairman of the Authority or of the Board; (iii) the authority of any complainant to make the complaint in question; (iv) the appointment of any rabbit control officer or any other officer appointed under this Act or any Land Commissioner, Assistant Land Commissioner, land ranger or member of the Police Force of Queensland; (b) an averment in any complaint or other document made for the purposes of such proceeding that- (i) any holding is within or outside of the District or the Control Area; (ii) any fencing or other thing is in or forms part of the rabbit check fence, shall be prima facie evidence of the fact thereby averred and, in the absence of evidence to the contrary, shall be conclusive evidence of that fact; (c) a certificate purporting to he signed by the Minister or by the chairman of or clerk to the Board and certifying that the costs, charges or expenses stated therein were actually and lawfully incurred under and for the purposes of this Act by the Authority or, as the case may be the Board shall be prima facie evidence of the facts thereby certified and, in the absence of evidence to the contrary, shall be conclusive evidence of those facts. 47. Manner of describing a holding. A holding shall be sufficiently described in any notice issued under this Act if it is referred to by name or boundaries or otherwise so that there is no reasonable doubt as to the holding referred to. 48. Service of document . Any document required by this Act to be given to any person shall be deemed to be lawfully given to that person if- (a) it is served personally upon that person or upon his agent authorized in that behalf; or (b) it is sent by prepaid post letter addressed to that person at his usual place of abode or his place of abode last known to the sender.

76 Rabbit Act of 1964, No. 7 49. Right of entry by authorized person . (1) The Minister, the Authority or the Board may authorize any person to enter upon any holding and there to do all such acts and things as may be necessary or desirable to effect the objects of this Act. (2) The Minister, every member of the Authority, every member of the Board and every person authorized under the preceding subsection may, at all reasonable times and from time to time, enter any holding, whether the same be at the time occupied or unoccupied, with or without assistants, workmen and servants, vehicles, plant, machinery and animals and therein do all such acts and things as he may deem necessary or desirable to effect the objects of this Act and may, without such entry. do all such acts and things in or in relation to any holding by means of aircraft. 50. Indemnity in respect of use of poison . (1) Notwithstanding anything contained in this Act or any other Act, or any rule of law, where notice of the use of any poison or poison baits has been given in accordance with the provisions of subsection (2) of this section, no person shall have any right or remedy against the Minister, the Board, the Authority or any person acting under the authority of the Minister, the Board or, as the case may be, the Authority in respect of death of or injury to any livestock resulting from the use for destroying rabbits on any holding, road or reserve of any poison or poison baits. (2) For the purposes of subsection (1) of this section the Minister, Board or, as the case may be, Authority shall give notice in the manner hereinafter set forth of the proposed use of any poison or poison baits- (a) by advertisement published at least twice in a newspaper generally circulating in the locality in which the holding, road or reserve, as the case may be, is situated, not earlier than twenty-one days nor later than seven days before the date on which the use of the poison or poison baits is commenced; (b) by affixing, before the use of the poison or poison baits is commenced, and thereafter keeping affixed in a conspicuous manner on or in the immediate vicinity of the holding, road or reserve such and so many notices as are reasonably sufficient to give public notice of the use of the poison or poison baits; and (c) by, before the use of the poison or poison baits is commenced, serving on every resident occupier of land abutting or having a frontage to the holding, road or reserve, whereon the poison or poison baits is or are used, notice of the intended use thereof. (3) In this section the expression " holding " includes- (a) so much of every road and of every reserve as adjoins or is within the boundaries of the holding and which is not fenced out of the holding; and (b) so much of the bed and banks of every non-tidal watercourse as abuts upon or bounds the holding.

Rabbit Act of 1964, No. 7 77 51. Power to make regulations . (1) The Governor in Council may from time to time make regulations not inconsistent with this Act which are necessary, desirable or convenient for carrying this Act into effect or for effecting or for better effecting the objects and purposes of this Act, and, without in any way limiting the generality of the foregoing powers, for all or any of the following matters:- (a) providing for, regulating and controlling the triennial election of the whole number of members of the Board other than the ex-officio member thereof; (b) regulating and controlling the business of the Board; (c) providing for, regulating and controlling the procedure and conduct of meetings of the Board; (d) on the recommendation of the Auditor-General, providing for the funds to be kept by the Board and providing for, regulating and controlling the manner and form in which those funds shall be kept; (e) on the recommendation of the Auditor-General, prescribing the books of account to be kept by the Board and the manner and form in which they shall be kept; (f) regulating and controlling the use of poisons and poison baits, or of any prescribed poison or poison baits, for destroying rabbits; (g) providing for, regulating and controlling the procedures for the doing of any act required to he done under or for the purposes of this Act when such procedure is not otherwise provided for in this Act; (h) prescribing forms to be used under or for the purposes of this Act; and (i) prescribing fees to be paid under this Act and the purposes for which such fees shall be payable. (2) Regulations may be made on the passing of this Act. 52. Publication of Orders in Council or regulations . (1) Every Order in Council or regulation made under this Act shall- (a) be published in the Gazette; (b) upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (c) in the case of any such regulation, take effect from the date of such publication unless a later date is specified in that regulation for its commencement when, in such event, it shall take effect from that later date; and (d) in the case of any such regulation, be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session and, if not, then within fourteen sitting days after the commencement of the next session of the Legislative Assembly. (2) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after a regulation has been laid before it disallowing the same or any part thereof, that regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done or omitted to be done in the meantime or to the making of a further regulation.

78 Regnal Year 4 Geo. V No. 7 21 Geo. V No. 44 23 Geo. V No. 31 14 Geo. VI No. 17 15 Geo. V No. 53 3 Eliz . II No. 17 4 Eliz. II No. 7 8 Eliz. It No. 73 Rabbit Act of 1964, No. 7 SCHEDULE[ Short title [s. 3] Extent of Repeal " The Rabbit Act of 1913 " .. " The Grazing Districts Ini- provement Act of 1930 " "The Land Act Amendment Act of 1934 " " The Rabbit Acts Amendment Act of 1950 " " The Rabbit Acts Amenainent Act of 1951 " " The Rabbit Acts Amendment Act of 1954 " " The Rabbit Acts Amendment " TheARctaobbf i 1 t 9 A 5 c 5 ts " Amendment Act of 1959 " The whole Act The whole Act Section 19 The whole Act The whole Act The whole Act The whole Act The whole Act SCHEDULE 11 RABBIT CONTROL AREA Commencing on the southern boundary of the State at the south corner of portion 50v, parish of Rosenthal, being a south corner of the Shire of Rosenthal, and bounded thence by the south-western boundary of that shire, by the southern and south-western boundaries of the parish of Tummaville to the south corner of portion 131v, parish of Gore, by roads northerly to the north-east corner of portion 1 I8v, north-westerly and westerly to the north-west corner of portion 54v, parish of Domville, south-westerly to the east corner of portion 95, north-westerly to the south corner of portion 85, westerly to the south-west corner of portion 4116 and northerly and north-westerly to the west corner of that portion, by the south-western boundary of the parish of Domville, by the south-western and western boundaries of the parish of Yandilla to the north-west corner of portion 699, by the road intersecting portion 33 parish of Wilkie northerly, by the western boundaries of the parishes of Yandilla and Cecil Plains, to the Shire of Wambo, by the southern and western boundaries of that shire to portion 38, parish of Braemar, by the south-western boundary of that portion, by the eastern boundaries of portions 22, 21, 20 and 2 and portions 18, 17, 14 and 47 to 50 parish of Kogan, by the north-eastern boundaries of portions 51, 28 and 26 parish of Hunter, by the west boundaries of subdivision 2 of portion 1532 and subdivision 2 of portion 1254, R. 35 parish of Earle and portions 20v, 191, 37v, l9v, 17v, 18v and 28 to the Western Railway, by that railway north-westerly to Glasson Street, Chinchilla, by that street south-westerly, by the northern boundary of portion lv, parish of Chinchilla, by the south and west boundaries of portion 285, by the south-western boundaries of portions 168, 1521, 67 and 159, parish of Colamba to the Western Railway, by that railway westerly to the western boundary of the Shire of Chinchilla, by the western boundary of the Shire of Chinchilla, by the north-eastern and north-western boundaries

Rabbit Act of 1964, No. 7 79 of the Shire of Taroom, by the north-eastern boundaries of the Shires of Bungil and Booringa, by the northern boundary of the Shire of Murweh, by the north-eastern, northern and western boundaries of the Shires of Tambo, Quilpie and Barcoo to the boundary of the State; and by the boundaries thereof east, south and easterly to the point of commencement. SCHEDULE III [s. 13] DARLING DOWNS-MORETON RABBIT DISTRICT Commencing on the shore of the South Pacific Ocean at the south-east corner of the State, and bounded thence by the southern boundary thereof westerly to the Shire of Rosenthal at the south corner of portion 50v, parish of Rosenthal, by the south-western boundary of that shire, by the southern and south-western boundaries of the parish of Tummaville to the south corner of portion 131v, parish of Gore, by roads northerly to the north-east corner of portion 118v, north-westerly and westerly to the north- west corner of portion 54v, parish of Domville, south-westerly to the east corner of portion 95, north-westerly to the south corner of portion 85, westerly to the south-west corner of portion 4116 and northerly and north- westerly to the west corner of that portion, by the south-western boundary of the parish of Domville, by the south-western and western boundaries of the parish of Yandilla to the north-west corner of portion 699, by the road intersecting portion 33, parish of Wilkie northerly, by the western boundaries of the parishes of Yandilla and Cecil Plains to the Shire of Wambo, by the southern and western boundaries of that shire to portion 38, parish of Braemar, by the south-western boundary of that portion, by the eastern boundaries of portions 22, 21, 20 and 2 and portions 18, 17, 14 and 47 to 50 parish of Kogan, by the north-eastern boundaries of portions 51, 28 and 26, parish of Hunter, by the west boundaries of subdivision 2 of portion 1532 and subdivision 2 of portion 1254, R. 35 parish of Earle and portions 20v, 191, 37v, 19v, 17v, 18v and 28 to the Western Railway, by that railway north-westerly to Glasson Street, Chinchilla, by that street south-westerly, by the northern boundary of portion lv, parish of Chinchilla, by the south and west boundaries of portion 285, by the south-western boundaries of portions 168, 1521, 67 and 159 parish of Colamba to the Western Railway, by that railway westerly to the western boundary of the Shire of Chinchilla, by the western, northern and north-eastern boundaries of that shire, by the north-eastern boundaries of the Shire of Wambo and the parishes of Rosalie and Milton, by the north-eastern and northern boundaries of the parish of Goombungee, by the northern and north-eastern boundaries of the parish of Douglas, by the eastern boundary of the parish of Geham to the Shire of Gatton, by the northern boundaries of the Shires of Gatton, Laidley, Moreton, Beaudesert and Albert easterly, southerly and again easterly to the South Pacific Ocean; and by the shore thereof southerly to the point of commencement. SCHEDULE IV [s. 5] RABBIT CHECK FENCE The part of the boundary of the district commencing on the shore of the South Pacific Ocean at the south-east corner of the State, and thence by the southern boundary thereof westerly to the Shire of Rosenthal, at the south corner of portion 50v, parish of Rosenthal, by the south- western boundary of that shire, by the southern and south-western boundaries of the parish of Tummaville to the south corner of portion

80 Rabbit Act of 1964, No. 7 131 v, parish of Gore, by roads northerly to the north-east corner of portion 118v, north-westerly and westerly to the north-west corner of portion 54v, parish of Doraville, south-westerly to the east corner of portion 95, north-westerly to the south corner of portion 85, westerly to the south- west corner of portion 4116 and northerly and north-westerly to the west corner of that portion, by the south-western boundary of the parish of Doraville, by the south-western and western boundaries of the parish of Yandilla to the north-west corner of portion 699, by the road intersecting portion 33, parish of Wilkie northerly, by the western boundaries of the parishes of Yandilla and Cecil Plains to the Shire of Wambo, by the southern and western boundaries of that shire to portion 38, parish of Braemar, by the south-western boundary of that portion, by the eastern boundaries of portions 22, 21, 20 and 2 and portions 18, 17, 14 and 47 to 50 parish of Kogan, by the north-eastern bout;'laries of portions 51, 28 and 26, parish of Hunter, by the west boundaries of subdivision 2 of portion 1532 and subdivision 2 of portion 1254, R. 35 parish of Earle and portions 20v, 191, 37v, 19v, 17v, 18v and 28 to the Western Railway, by that railway north-westerly to Glasson Street, Chinchilla, by that street south-westerly, by the northern boundary of portion lv, parish of Chinchilla, by the south and west boundaries of portion 285, by the south-western boundaries of portions 168, 1521, 67 and 159 parish of Colamba to the Western Railway, and by that railway westerly to the western boundary of the Shire of Chinchilla.