Rabbit Acts Amendment Act of 1950 (14 Geo Vi No. 17) (Qld)

RABBITS. 14 GEO. VI. No. 17, 1950. Rabbit Acts Amendment Act. QUEENSLAND-BRITISH FOOD PRODUCTION. See PART II. 229 RABBITS. An Act to Consolidate and Amend certain Enact- 14 N G o E . O 1 . 7 V . I. ments relating to the Introduction into and RAB~ ~EACTs\ the K eepI . ng I . n Q ueens 1 an d 0 f R abb·Its; and AM ~ E ~ N g D . M F ENT for these and other purposes to Amend "The Rabbit Acts, 1913 to 1943," in certain particulars. [ASSENTED TO 23RD NOVEMBER, 1950.] 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, (1S follows:- 1. This Act may be cited as "The Rabbit Acts Short title Amendment Act of 1950," and shall be read as one with : ~ ~struction. *" The Rabb1:t Acts, 1913 to 1943," herein referred to as the Principal Act. The Principal Act and this Act may be cited <?ollective collectively as " The Rabbit Acts, 1913 to 1950." title. . 2. The Acts mentioned in the Schedule to this fer!.l of Act are repealed to the extent in such Schedule m~ n~ ioned indicated. in Schedule. 3. Section two of the Princip'11 Act is amended by ~ e~ dment inserting the words and figures "PART VI.A.- 0 s. . INTRODUCTION INTO AND THE KEEPING IN QUEENSLAND OF RABBITS;" after the words " PART VI.- ENCOURAGEMENT OF RABBIT-PROOF FENCING BY OWNERS; ". 4. Section three of the Principal Act i& amended~~~~ent by repealiIlg the definition of t.he term "Holding" therein and by inserting, in lieu of that repealed definition~ the following definition, namely:- " Holding "-Any country land whether held in fee-simple or under any tenure or subject to any trust under any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 of Crown lands; " * 4 G. 5 No. 7 and amending Acts.

230 RABBITS. Rabbit Acts Amendmcnt Act. 14 GEO. VI. No. 17, B aRn . e 1 dp 2 enaelwof and 5th. eSefcotliloonwi t n w g eh s ~ e e ctoiofnth i e ~ Pinl' sinecrtiepdal iAn ctlieisu roepf etahleadt Tepealed section, namely :- Qualification "[12.J (1.) Any owner or part owner or the general a o n f d meemlebcteorrss. manager or manager 0 f a. h 0 Id" Ing In any DI' St n.ct sha 11 be qualified to be elected as a member of the Board for that District. (2.) Each and every resident owner, or resident part owner, or manager of a holding in any District shall be qualified to vote at any election of members of the Board for that District: Provided that a person shall not be entitled to vote more than once at the same election." Amendments of s. 20. 6. Section twenty of the Principal Act is amended- (i.) By repealing the first paragraph of the said section and by inserting, in lieu of that repealed paragraph, the following subsections, namely:- : Me~ hods by " (1.) In respect of the year beginning on the first = ; ~ ! ~a. rd day of April, one thousand nine hundred and fifty-one, funds. for and of each and every year thereafter, the Governor in ::7ll. out Council shall, by Order in Council published in the Gazette, determine the one of the following methods by which the Board for each District may ra.ise funds for the purpose of carrying out this Act. The method so determined may be by- (a) An assessment on stock depastured within the District; or (b) A rate upon the rateable value ofland rateable for the purposes of this Act situated within the District. Any Order in Council made under this subsection in respect of any Board may specify that the determination made thereby shall be limited in its application to a stated year or stated period of years but unless so limited such determination shall continue in force in respect of ea.ch and every year after it is made until a fresh determination is substituted therefor by a further Order in Council made under this subsection. The method determined at any time under this subsection with respect to any Board may differ from the method determined or in fone with respect to any other Board.

RABBITS. 231 1950. RabbitActsAmendmentAct. (2.) A Board may, in each year in which it is Wh~d f authorised by a determination made under subsection : ~ : in~ f~ ds one of this section to raise funds by an assessment on is by an & t ock depast ured WI 'thI' n the D I ' S t rI.Ct', make and 1evy an a o s n sesstoscmke.nt assessment not exceeding five shillings nor less than one shilling on every twenty head of cattle, and not exceeding five shillings nor less than one shilling on every hundred sheep, depastured within the District." ; (ii.) By numbering the second paragraph and the proviso thereto subsection three thereof. 7. The following seotion is inserted after section New s. 23A twenty-three of the Principal Act, namely :_ inserted. :J . . "[ 23A (1.) A Board. ma:y, in each year in wh~ ch = ~ ~ ~ d of It IS authorIsed by a determmatIOn made under subsectIon raising funds one of section twenty of this Act to raise funds by a is by a rate. rate, make and levy a rate, not exceeding one penny in the pound of the rateable value thereof, upon all land situated within the District and which is rateable for the purposes of this Act. Land is rateable for the purposes of this Act where it is rateable for the purposes of *" The Local Government Acts, 1936 to 1949," with the exception of- (a) Land used or intended for use for residential, industrial, manufacturing, businebs, or mining purposes, and situated in the area of a city or town, or, in the case of a shire, of any townshiPb therein ; and (b) Lftnd comprising a holding which is exempted from rating in pursuance of this or any other Act; and (c) Land comprising a holding, or a group of selections not exceeding eight in number, \vhich does not exceed two hundred square miles in total area and is, to the satisfaction of the Board, entirely enclosed with a rabbit-proof fence, while the Board IS satisfied that the fence for the year in question will be maintained rabbit proof, and also that the holding or group of selections, as the case may be, is free from rabbits or that adequate measures for the destruction of rabbits thereon are being taken. * I G. 6 No. 1 ana amending Acts.

232 RABBITS. RabbitActsAmendmentAct. 14 GEO. VI. l\o. 17, (2.) Every such rate upon land shall be levied by service of a notice thereof upon the person who is the owner, within the meaning of *" The Local Government Act8, 1936 to 1949," of that land, and shall be payable by him at the office of the Board and shall be so paid within two months after the service of the notice as aforesaid. (3.) Any amount of a rate as aforesaid not duly paid, together with one-tenth more by way of penalty, may be recovered by the Board in a summary way under t" The JU8tice8Act8, 1886to1949," or by action in any court of competent jurisdiction. (4.) For the purposes of this section the rateable value of any land shall be the rateable value thereof for the time being under and for the purposes of *" The Local Government Act8, 1936 to 1949." (5.) The Valuer-General shall, at the request of the Board, furnish to the Board- (a) Copies of so much of the valuation rolls as relates to land situated within the District of that Board ; and (b) Copies of and extracts from entries in any such valuation roll. (6.) Every Local Authority shall, at the request of the Board, furnish to the Board a copy of or extract from so much of the valuation register of that Local Authority as relates to land situated within the District of that Board. (7.) Every such copy or extract shall be certified ·as correct by the Valuer-General or, as the case requires, the clerk of the Local Authority. (8.) The regulations may prescribe the fees payable by a Board in respect of such copies and extracts. (9.) Any person thereunto authorised by the Board may inspect and make copies of or extracts from any entry in any valuation roll kept by the Valuer-General or the valuation register of any Local Authority relating to land situated within the District of that Board, and .a fee or charge shall not be payable by the Board in respect of any such inspection, copy, or extract. - -- - ~- = -- - - - * 1 G..6 No. 1 and amending Acts. t 50 v. No. 17 and amending Acts.

1950. RABBITS. ~ ~ ~ - - . - ~ - - - - - . RabbitActsAmendmentAct. 233 (10.) In any proceeding for the recovery of a rate made and levied under this section, any copy of a valuation roll or valuation register or copy of or extract from any entry therein purported to be furnished and certified as aforesaid shall be admissible in evidence and shall be conclusive evidence of all matters set out therein unless and until the contrary is proved. (11.) If the amount remaining unexpended at the end of any year of moneys actually raised by any Board by the making and levying of a rate under this section in respect of that year appears to be sufficient for carrying out this Act in the District for another year, the Governor in Council may direct that the owners as aforesaid of land situated within the District shall be exempt from rating for such period as he thinks fit." 8. Sections twenty-four, twenty-five, twenty-seven, ~ en~ e; ~ twenty-eight, thirty, and thirty-two of the Principal Act ~ 7, s~ 8, 30•• are amended- and 32. (a) By inserting after the word "assessment" wherever it occurs therein or in the marginal notes thereto the words" or a rate, as the case may be " ; (b) By inserting after the word "assessments'" wherever it occurs therein or in the marginal notes. theret9 the words " or rates, as the case may be ". 9. The following head note and sections are insel'ted Insertion of a f ter sectI . O . n ! . ' lorty-seven and before the head note to P he a a r d t Vn'IO.Ate to section forty-eight of the Principal Act , namel . T ! ': --- a 47 n B d . ss. 47A? " PART VI.A.-INTRODUCTION INTO AND THE KEEPING IN QUEENSLAND OF RABBITS. [47 A. ] (1.) A person shall not bring or attempt to Int:oducti'On: bring or cause or permit to be brought into Queensland ~ ! ~ ~ into from outside of Queensland, or into any part of 'Or into anY' Queensland from another part of Queensland,. or ~~ ~e: fundi. . remove or attempt to remove or cause or permit to be removed from any place in Queensland any live rabbit: Provided that the provisions of this subsection shall not apply to a case permitted by the Minister under this Part of this Act. (2.) A person shall not turn loose or attempt to Live rabbits turn loose or cause or permit to be turned loose in f; ~ ! r~ t! i: Queensland any live rabbit.

234 RABBITS. RabbitActsAmendmentAct. 14 GEO. VI. No. 17, Keeping of [47B.] A person shall not keep or have in his live rabbits. possession or under his control or cause or permit to be so kept in or upon any place whatsoever any live rabbit: Provided that the provisions of this subsection shall not apply to a case permitted by the Minister under this Part of this Act. " Insertion of 10. The following sections are inserted after section : ~ E: ~ iF. 47D, 47B of the Principal Act, as previously inserted by this Act, namely:- Stra~ing "[470.J (1.) It shall be lawful for any person to ~ ~ b! : :: ro; e1. destroy any live rabbit found at any place within Queensland; and the owner of any rabbit so destroyed shall not be entitled to recover any compensation for any loss or damage that he sustains by the destruction of such rabbit: Provided that the provisions of this section shall not apply with respect to any rabbit the subject of a permit issued by the Minister under this Part of this Act when the terms and conditions, if any, of that permit are being complied with. Entry upon (2.) (a) Without prejudice to any other provision liannspdebctyors of this Act or any other Act authorising an entry upon and land land for the purpose of searching for or the destruction rangers, &c. of rabbits, any inspector appointed under this Act, any Land Commissioner, assistant Land Commissioner, or land ranger appointed under *" The Land Acts, 1910 to 1949," any member of the Police Force, or, with the authority of the Minister, any other person may from time to time at all reasonable times enter upon any land whatsoever for the purpose of seeing whether there are live rabbits thereon. (b) Subject to paragraph (d) of this subsection, where 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, ol' other place. * 1 G. 5 No 15 and amending Acts.

1950. RABBITS. RabbitActsAmendmentAct. 235 (c) Any of the aforesaid persons may take and retam. any live rabbit found by him where in his opinion it· is necessary or desirable so to do for the purpose of producing that rabbit in evidence. (d) Paragraph (b) of this subsection shall not authorise 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, it being hereby declared that if it appears to a justice of the peace~ upon complaint made on oath by any of the aforesaid persons, that there are reasonable grounds for suspecting 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 one of the aforesaid persons named therein to search that dwelling-house' or part of a building. [47n.] (1.) (a) The Minister may in writing and Powe~ o.f subject to such terms and conditions as he thinks fit e~ ! ~ lstev permit the bringing into Queensland from outside of permits in Queensland, or into any part of Queensland from another ~ ~ ; t of part of Queensland, or removal from any place in introdU?tion Queensland, or the keeping or having in possession or ~ ~:: t:: i: under control in or upon any place what~oever of any live rabbit or rabbits by- (i.) The trustees or managers of any public gardens, museum, grounds, or exhibition; (ii.) A person who collects or desires to collect live rabbits for scientific purposes; (iii.) A person who desires the live rabbit or rabbits, for zoological or biological purposes, and may so permit any such action to be taken by the' persons aforesaid with any other such action. (b) The period during which, and the terms and conditions, if any, subject to which, any such permit. is to be in force shall be specified in that permit. (c) The Minister may in his absolute discretion refuse to issue any permit, authority to issue which is conferred upon him ·by this section, and may in his absolute discretion at any time cancel any permit which has been issued by him.

236 RABBITS. RabbitActsAmendmentAct. 14 GEO. VI. No. 17, (2.) Any person who contravenes or fails to comply with any term or condition specified in such permit shall be guilty of an offence against this Act. Offence against 11. 47A. [47E.] (1.) Any person guilty of an offence against section 47A of this Act may, if the Minister so directs, be prosecuted upon indictment, but unless the Minister so directs, shall be prosecuted in a summary way. Penalties under this Part of this Act. (2.) Any person guilty of an offence against this Part of this Act shall be liable to a penalty not exceeding one hundred and fifty pounds and, in the case of a first offence, of not less than twenty pounds, or, in the case of a second or any subsequent offence, of not less than fifty pounds, or, III the case of a first or any subsequent offence, to imprisonment for a term not exceeding six months or to both the penalty and imprisonment prescribed by this subsection: Provided that if the offence is prosecuted on indictment the offender 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. Application [47F.] (1.) Nothing contained in any Act (other oPfatrhtiasnd than this Part of this Act) shall limit or affect the s. 50 of provisions of this Part and it shall be an offence against N 8 oG. e 1 o 6 . . VI. this Act to contravene or fail to comply with any provision of this Part of this Act at any place in Queensland. (2.) It is hereby declared that any Proclamation under the provisions of section fifty of *" The Stock Routes and Rural Lands Protection Acts, 1944 to 1948," may be made in respect of any Area or Areas, within the meaning of those Acts, in this State." Repeal of and new s.53. Offences. 11. Section fifty-three of the Principal Act is repealed and the following section is inserted in lieu of that repealed section, namely:- "[53.] (1.) Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence. . * 8 G. 6 No. 16 and amending Acts.

1950. RABBITS. Rabbit Acts L1mendment Act. 237 (2.) Subject to this Act all offences against this Act may be prosecuted in a summary way under *" The Justices Acts, 1886 to 1949," on complaint by any person authorised by the Minister or authorised by any Board or authorised by the Chairman of any Board or on complaint by the Chairman of any Board, and in the case of an offence against Part VLA of this Act, by any person as aforementioned or by any other person whomsoever. (3.) Where a person is convicted of an offence against a provision of this Act for whiC'h a minimum amount of penalty is prescribed, then, notwithstanding any provision of any other Act, a penalty not less than the minimum so prescribed shall be impo~ ed for that offence." 12. The First Schedule to the Principal Act is Amendment amended by the repeal of the words ", and, in such ~ ~ rr~ / of list shall set opposite the name of every person the Sch. number of votes to which he is entitled" where those words occur at the end of the first paragraph of subrule one of rule seven of the said First Schedule. 13. This Act shall apply so as not to affect the Savings. power and authority of a Board to make, levy, and enforce payment of an assessment on stock under and in accordance with the provisions of t" The Rabbit Acts, 1913 to 1943," in respect of the year ending on the thirty-first day of March, one thousand nine hundred and fifty-one, or any year prior to that year, and the provisions of those Acts as existing prior to the amendments thereof made by this Act shall continue in force so far as relates to any such assessment. This Act shall not affect the continuance in office under and in accordance with t" The Rabbit Acts, 1913 to 1943," of the Chairman and every other member of any Board elected or appointed thereto prior to the commencement of this Act. All penalties imposed under the Acts repealed by this Act and incurred prior to the commencement of this Act shall be enforceable and may be enforced' as if this Act had not come into operation. * 50 V. No. 17 and amending Acts. t 4 G. 5 No. 7 and amending Act~ .

238 RABBITS. Rabbits Acts Amendment Act. 14 GEO. VI. No. 17, 1950. All matters and proceedings under the Acts repealed by this Act commenced or pending when this Act comes into operation may be carried on and prosecuted as if such repeal had not been made, and no such matter or proceeding shall abate or be discontinued or prejudicially affected by anything contained in this Act. [Section 2.] Year and Number of Act. SCHEDULE. Short Title. Extent of Repeal. 49 Vic. No. 4 .. " The Rabbit Act of The whole 1885 " 53 Vic. No. 8. .. " The Rabbit Act The whole Amendment Act of 1889 " 6 Geo. VI. No. 10 " The Land Acts "nd Part VII. (sections 32 Other Acts A mend- and 33) ment Act of 1941 " [Amendments of "The Rabbit Act of 1885 "] RAILWAYS. See PUBLIC SERVICE. (STATUTORY SALARIES AND ALLOWANCES.) REGIONAL ELECTRIC AUTHORITIES. See ELECTRICITY. RURAL ADVANCES, CO·ORDINATION OF. See BANKING. RURAL FIRES See j1'IRE.