Scab Act Amendment Act 1894 (WA)

58 VICTORI2E. No. 27

The Scab Act Amendment Act, 1894

WESTERN AUSTRALIA

ANNO QUINQUAGESIMO OCTAVO

VICTORI}E REGINA

No. 27

An Act to further amend The Scab Act, 1891.'

[Assented to 23rd November, 1894.

Assembly of Western Australia, in this present Parliament assembled, BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative

and by the authority of the same as follows :-

1. This Act may be cited as The Scab Act Amendment Act, 1894,' short title and

and shall be incorporated and read as one Act with The Scab Act, ili""f`°°`u°"

1891 ' (hereinafter called the Principal Act), and any Act amending the

same.

2. Section five of the Principal Act is hereby repealed, and the Repeat of Section

following section substituted in lieu thereof Any inspector may at rg„ViptairActi

any time enter upon any run, and inspect and examine any sheep

wherever in the Colony they may be, and exercise and discharge all the Power and duties

powers and duties conferred upon him by or under this Act, in any and of inspector,

every part of the Colony ; and, in the exercise and discharge of such

powers and duties, shall have free ingress, egress, and regress through,

over, and upon any run ; and the owner of any sheep shall, when Qmie,ompolled

required by an inspector, forthwith muster his sheep in some convenient to muster shopfor examination

place or places, as the inspector may direct, for his examination. The

inspector, if he is not satisfied that the whole of the sheep on the run inspector may

have been so mustered, may employ any person or persons to assist exami"croa

him in a thorough examination of the run, and all infected sheep then

found on such run, and not mustered as aforesaid, may be forthwith

destroyed by such inspector, or by his authority, without compensation

to the owner. The expenses of and incident to such examination of

the run, whether or not any infected sheep shall be discovered thereon

upon such examination, and of and incident to the destroying of any

infected sheep so discovered, shall be paid by such owner to the

inspector on his demand of the same with an account thereof in

writing.'

3. (1) The periods within which the notices mentioned in Section stanninelenytesnooff

calculated from the time the sheep became infected and not from the time the owner became aware of such infection, and the said section is hereby amended accordingly.

eleven of the Principal Act are to be given to the Inspector and the the Principal

(2) The words ' twenty-four hours during which such neglect or remission shall have continued,' at the end of the said Section eleven, are hereby repealed, and the words such offence' substituted in lieu thereof..

58 VICTORI2E. No. 27

The Scab Act Amendment Act, 1894

Repeal of Section 4. Section twelve of the Principal Act is hereby repealed, and the

Principal Act following section substituted in lieu thereof:—' :—' It shall be the duty of

Duty of inspectorthe inspector receiving such notice, and of every inspector upon his

on being zatisfied being satisfied that any sheep are infected, whether notice of such in-

sheep are infected fection has been given or not, immediately to give to the owner of such

sheep personal notice to clean the same, and of the run, or any portion thereof to be defined by the inspector in writing, within which the

Quarantine for whole of such infected sheep shall be kept in quarantine until clean,

intheted sheep and within such run or portion thereof no other sheep -shall be

admitted, or shall be permitted to remain until such run shall be clean : Provided, nevertheless, that an inspector may, subject to such condi- tions as he may deem necessary, permit infected sheep to be removed from one quarantine boundary , to another, and for such purpose shall, in granting such permission, deliver to the owner an instrument in writing under his hand, defining the route over and the conditions under which such sheep shall be taken or driven during such removal : Provided, however, that nothing herein contained shall empower an inspector to permit such sheep to be driven across lands or runs other than those belonging to or in the occupation of the owner of such sheep, nor over nor upon public roads intersecting or bounding lands other than those of the said owner, except with the consent of the owner or owners of such other lands, and except over waste lands of the Crown not held under lease or license : and any owner wilfully infringing the terms of such instrument shall be guilty of an offence.'

Section nineteen 5. The words within one month after such notice,' in the sixth

of	Pr/union/ Act	ne
line of
oi Section nineteen of the Principal Act are hereby repealed, and the word forthwith' substituted in lieu thereof.

amended

Section twenty- 6. The words three months,' in the first line of Section twenty-

fmr Pri "cipal four of the Principal Act, are hereby repealed, and the words 'six

Act amended

weeks ' substituted in lieu thereof.

Section thirty-	7. Section thirty-one of the Principal Act is hereby amended, by liable to a penalty not exceeding Fifty pounds, and to ; ' and by insert- ing after the word 'recovered,' in the sixth line, the words by the master or employer.'
one of the
Principal Act	inserting after the word Justices,' in the fifth line, the words be
amended
Repeal of section	8. Section forty-five of the Principal Act is hereby repealed, and lawful for any sheep to be introduced by land or sea from any infected district into any clean district, until such sheep have been effectually dipped at least twice within fourteen days immediately preceding their being so introduced, to the satisfaction of an inspector, and until the owner of such sheep has received from such inspector a certificate to that effect ; and every person driving, or suffering any such sheep to be so introduced, in contravention of this provision, shall be liable, on conviction, to a penalty not exceeding One hundred pounds, or to be imprisoned for any term not exceeding three months, with or without hard labour. Provided that in the case of fat sheep travelling to market, the inspector may allow any such sheep to proceed on being dipped once only.'

Principal Act at.ft" the the following section substituted in lieu thereof It shall not be

58 VICTORLE. No. 27

The Scab Act Amendment Act, 1894

9. Any inspector may burn or cause to be burnt, without com- Inspector may

pensation, any enclosures or yards in which he may know infected br3ali	o	mel	-■closure3
sheep to have been within six months then last past.

10. If in the opinion of an inspector any infected sheep are kept inspector may

or depastured in any paddock or other enclosure that is not secure, ct)onlaneinacalrres ure

he may order the same to be made secure forthwith by the owner of

such sheep ; and, in the event of such order not being complied with, And if order not

may enter upon any run or premises, with his servants and assistants, c„,Timi lewsicethuie

and make secure such paddock or other enclosure, and any expenses himself

thereby incurred by an inspector shall be payable by the owner of And may recover

such sheep, and if not paid to the inspector upon demand he may expenses

at any time thereafter seize, remove, and sell so many of any sheep of

such owner as in his opinion may be necessary to cover such expenses,

and the charges and expenses occasioned by such seizure, removal,

and sale.

11. Whenever it is incumbent upon any owner to dip any infected Inspector may

or suspected sheep, any inspector may order and direct such owner to gre d:11;osrin ieeireztoore

shear such sheep before being dipped, and every owner failing to dipping

comply with such order shall be guilty of an offence.

ALEX. C. ONSLOW,

GOVERNOR'S DEPUTY.