Security and Related Activities (Control) Amendment Regulations (No. 2) 2009 (WA)
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WESTERN 4887 AUSTRALIAN GOVERNMENT
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PERTH, FRIDAY, 4 DECEMBER 2009 No. 223 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.00 PM
© STATE OF WESTERN AUSTRALIA
SECURITY AND RELATED ACTIVITIES (CONTROL)
ACT 1996
_________
SECURITY AND RELATED
ACTIVITIES (CONTROL)
AMENDMENT REGULATIONS
(No. 2) 2009
4 December 2009 GOVERNMENT GAZETTE, WA 4889
Security and Related Activities (Control) Act 1996
Security and Related Activities (Control)
Amendment Regulations (No. 2) 2009
Made by the Governor in Executive Council.
1. Citation
These regulations are the Security and Related Activities
(Control) Amendment Regulations (No. 2) 2009.
2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day the Security and Related Activities (Control) Amendment Act 2008 section 3 comes into operation.
3. Regulations amended
These regulations amend the Security and Related Activities
(Control) Regulations 1997.
4. Regulation 3 amended
(1) In regulation 3(1) delete the definition of approved training
course.
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(2) In regulation 3(1) insert in alphabetical order:
approved training course means —
(a) a higher education course within the meaning of that term in the Higher Education Act 2004 section 3; or (b) a training course accredited for the purposes of Act 1996 and provided by a person who is —
(i) a registered training provider within the meaning of that term in the Vocational Education and Training Act 1996 section 5; and
(ii) approved under regulation 16(3);
or
(c) a training course given interim approval under regulation 16(2) and provided by a person who is — (i) a registered training provider within the meaning of that term in the Vocational Education and Training Act 1996 section 5; and
(ii) approved under regulation 16(3);
current first aid certificate means a certificate issued
to a person on the successful completion of anapproved training course in first aid that is current;
guard dog has the meaning given in regulation 38A;
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5. Regulation 4A inserted
At the end of Part 1 insert:
4A. Method of giving things to licensing officer Where the Act or these regulations authorises or
requires a document to be given or delivered to the
Commissioner or a licensing officer, or the
Commissioner or a licensing officer to be notified, in
writing, the document is taken to be given or delivered,
or the person notified, if the document or notice is
delivered —(a) personally; or
(b) by post, in accordance with the Interpretation Act 1984 section 75(1),
to the offices of the Licensing Enforcement Division, Western Australia Police, 297 Hay Street, East Perth.
6. Regulation 11 replaced
Delete regulation 11 and insert:
11. Medical examinations prescribed for section 24
(1) A security officer whose licence is endorsed under
section 24 must undergo a medical examination of the
type prescribed by regulation 15(2) —
(a)
at least once in every 12 months, commencing on the day on which the endorsement was made; and
(b)
when directed to do so by a licensing officer under subregulation (2).
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(2) A licensing officer is to direct a security officer whose
licence is endorsed under section 24 to undergo a
medical examination if the licensing officer reasonably
believes that the security officer may be unable to pass
the medical examination.(3) A direction under subregulation (2) is to be in writing
given to the security officer and may provide for one or
more of the following —
(a)
the time within which the medical examination is to be undertaken;
(b)
the medical practitioner who is to conduct the medical examination;
(c)
the time within which the security officer is to give to a licensing officer the medical certificate relating to the examination.
(4) A security officer who has undergone a medical
examination is to give to a licensing officer a medical
certificate relating to the examination within one month
after undergoing the examination, or, if an earlier time
is provided in a direction under subregulation (2), that
earlier time.(5) A medical certificate relating to a medical examination
is to include a statement by the medical practitioner
who conducts the examination as to the period of time
the practitioner has known the security officer.
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7. Regulation 12 replaced
Delete regulation 12 and insert:
12. Application for permit under section 25
An application for a permit under section 25 is to be
made to a licensing officer in the approved form and is
to be accompanied by the fee provided for in
Schedule 4.
8. Part 4 Division 1 heading inserted
Before regulation 14 insert:
Division 1 — Licences other than temporary licences
9. Regulation 14 amended
In regulation 14 delete “licence” and insert:
licence, other than a temporary licence,
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10. Regulation 15 replaced
Delete 15 and insert:
15. Medical examination prescribed for security officers with authority to be in possession of firearm
(1) Subregulation (2) sets out the medical examination
prescribed for the purposes of —
(a)
section 47(1)(d) in the case of an application for a security officer’s licence with an endorsement under section 24; and
(b) section 52(1)(h).
(2) A medical examination is the examination of the
person by a medical practitioner to determine if the
medical practitioner is of the opinion that the person is
physically and psychologically fit to be in possession
of a firearm, and is to include the examination of the
person’s hearing and vision.(3) An application for a security officer’s licence with an
endorsement under section 24 is to be accompanied by
a medical certificate relating to the medical
examination that is to include a statement by the
medical practitioner as to the period of time the
practitioner has known the applicant.
11. Regulation 16 amended
In regulation 16(1):
(a) delete “52(g)(i)” and insert: 52(1)(g)(i)
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(b) in paragraph (d)(iii) delete “missing persons.” and insert: missing persons;
(c) after paragraph (d) insert:
(e) a security bodyguard’s licence, an approved training course in security operations; (f) a Class 1 security installer’s licence, an approved training course in locksmithing.
12. Regulation 17 amended
(1) In regulation 17(1):
(a) delete “52(g)(ii)” and insert: 52(1)(g)(ii)
(b) in paragraph (f) delete “Doors.” and insert: Doors; or
(c) after paragraph (f) insert:
(g) closed circuit television equipment for security purposes, a written examination on AS4806 — Closed Circuit Television (CCTV). (d) after each of paragraphs (a) to (d) insert: or
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(2) In regulation 17(2) delete “52(g)(ii)” and insert: 52(1)(g)(ii) 13. Regulation 18 replaced
Delete regulation 18 and insert:
18. Evidence of age and identity of applicant for licence other than temporary licence
For the purposes of section 47(1)(a), evidence of age
and identity to accompany an application for the issue
of a licence is to consist of the original or a certified
copy of —
(a) 2 documents referred to in items 1 to 6 in the Table; or (b) one document referred to in items 1 to 6 and Table.
Table
Item Category 1 1. A current motor driver’s licence bearing the name, date of birth and photograph of the applicant that has been issued under a law of the Commonwealth or a State or Territory.
2. A current passport, or a passport that has not been expired for more than 2 years, bearing the name, date of birth and photograph of the
applicant.
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Item Category 1 3. A proof of age card bearing the name, date of birth and photograph of the applicant that has been issued under the Liquor Control
Regulations 1989 regulation 18B.
4. An identification card (other than a card referred to in item 3) bearing the name, date of birth and photograph of the applicant that has been issued by an agency of the Commonwealth or a State or Territory to provide evidence of the person’s name and age.
5. A birth certificate bearing the name and date of birth of the applicant issued under a law of the Commonwealth or a State or Territory.
6. A diplomatic document bearing the name, that has been issued by a government agency to provide evidence of the person’s legal entitlement to enter Australia.
Item Category 2 7. A current licence (other than a motor driver’s licence) or current permit bearing the name of the applicant that has been issued under a law of the Commonwealth or a State or Territory.
8. A current identity card or licence bearing the name and date of birth of the applicant that has been issued by a government agency outside Australia.
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Item Category 2 9. An identification card bearing the name of the applicant that has been issued by an agency of the Commonwealth or a State or Territory to
provide evidence of the person’s entitlement
to a health benefit or pensioner concession.10. An identification card bearing the name of the 5 years by an Australian educational institution.
14. Regulation 21 amended
After regulation 21(c) insert:
(da) those in Division 2B, to all security
bodyguard’s licences;
15. Part 4 Division 2 and Parts 5A and 5 inserted
After regulation 21 insert:
Division 2 — Temporary licences
22. Application for the issue of a temporary licence
An application under section 46(1) for the issue of a
temporary licence is to be lodged by delivering the
application to a licensing officer.
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23. Evidence prescribed for section 47 for temporary licence
(1) For the purposes of section 47(2a)(a) and (b), evidence
to accompany an application for the issue of a
temporary licence is the original or a certified copy of
the licence, registration or other authorisation to carry
out the activity or activities for which the temporary
licence is sought —
(a)
issued under a law of the State or Territory of residence of the applicant; and
(b)
bearing the name, date of birth and photograph of the applicant.
(2) An application for a temporary licence referred to in
section 42A is to be accompanied by a written
statement by the holder of an appropriate agent’s
licence stating that he or she —
(a)
has offered to employ the applicant if the temporary licence is granted; and
(b) setting out —
(i) the period for which the licence is required; and
(ii) the time and location of the event, occasion or activity in respect of which the licence is required.
(3)
An application for a temporary licence referred to in section 42B is to be accompanied by a written notice setting out —
(a) the period for which the licence is required; and (b)
the time and location of the event, occasion or activity in respect of which the licence is required.
(4) The requirements set out in subregulations (2) and (3)
are prescribed for the purposes of section 47(2a)(c).
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Part 5A — Disqualifying offences and
disqualifying periods
24. Disqualifying offences
The following offences are prescribed as being
disqualifying offences for the purposes of the definition
of disqualifying offence in section 3 —
(a) an offence described in Schedule 2; (b) an offence under the laws of another jurisdiction the elements of which, if they had occurred in Western Australia, would have constituted an offence described in Schedule 2.
25. Disqualifying periods
(1) In this regulation — Division 1 offence means an offence described in
Schedule 1 Division 1;Division 2 incident, in respect of a person, means an
act, omission or course of conduct involving the person
which has resulted in the person being charged with
one or more offences described in Schedule 2
Division 2.(2) For the purposes of section 4A, the disqualifying
period prescribed in respect of a disqualifying offence
committed by a person is —
(a)
in the case of a Division 1 offence, unless the finding of guilt in relation to the offence is a spent conviction — 10 years commencing on the date the finding of guilt was made; or
(b)
otherwise — 5 years commencing on the date the finding of guilt was made.
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(3) Subregulation (2) does not apply to a disqualifying
offence described in Schedule 2 Division 2 —
(a)
if the offence arose from the first Division 2 incident involving the person; and
(b)
no penalty, or a penalty of, or in total of, less than $500 is imposed on the person in respect of the offence and all other offences described in Schedule 2 Division 2 arising from the same incident.
Part 5 — Classes of licence
26. Classes of security consultant’s licence
(1) A person holding a security consultant’s licence of a
class referred to in the Table is authorised to carry out
the activities of going from place to place seeking out
persons who may be prepared to enter into contracts for
the supply of an item or equipment of a type listed in
the Table for that class of licence.Table
Class of Types of items or equipment licence
Class 1
safes vaults locks of a kind prescribed by regulation 6
Class 2 security alarms
closed circuit television equipment for
security purposes
equipment and devices prescribed by
regulation 8
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Class of Types of items or equipment licence
Class 3 security doors prescribed by regulation 7 (2) A person holding a Class 4 security consultant’s
licence is authorised to carry out the activities of, for
remuneration, investigating or advising on matters
relating to the watching, guarding or protection of
property.27. Classes of security installer’s licence
(1) A person holding a security installer’s licence of a class
referred to in the Table is authorised to carry out the
activities of, for remuneration, installing, maintaining
or repairing an item or equipment of a type listed in the
Table for that class of licence.Table
Class of Types of items or equipment licence
Class 1
safes vaults locks of a kind prescribed by regulation 6
Class 2 security alarms
closed circuit television equipment for
security purposes
equipment and devices prescribed by
regulation 8Class 3 security doors prescribed by regulation 7
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(2) A person holding Class 4 security installer’s licence is
authorised to carry out the activity of, for
remuneration, installing locks of a kind referred to in
regulation 6.
16. Regulation 35 amended
In regulation 35:
(a) in paragraph (b) delete “regulation 37; and” and insert: regulation 37;
(b) after paragraph (b) insert:
(ca) a guard dog register containing the particulars
required by regulation 38A;
17. Regulation 38A inserted
After regulation 37 insert:
38A. Guard dog register
(1) The guard dog register is to set out, in relation to each
occasion on which a dog (a guard dog) is used in
connection with the performance of a licensed activity
for the business —
(a) the dates and times when a dog is used; (b)
the full name and licence number of the security officer responsible for handling the dog;
(c)
the address of each premises where a dog is used to guard or protect property, including
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premises where a dog is left without the
presence of a security officer for any period oftime;
(d)
details of any injury or damage caused by a dog in the course of performance of a licensed activity.
(2) The details referred to in subregulation (1)(a) to (c)
must be recorded in the register before the dog is used
and the details referred to in subregulation (1)(d) must
be recorded as soon as practicable after the event in
question occurs.
18. Regulation 38 amended
(1) In regulation 38(1):
(a) delete paragraph (a) and insert:
(a) the full name, residential address, licence number and expiry date of the licence of each security officer, security bodyguard, security consultant and security installer who performs licensed activities for the business; and (b) in paragraph (b) after “security officers,” insert: security bodyguards,
(c) in paragraph (b)(iii) after “security officers,” insert: security bodyguards,
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(d) delete paragraph (c) and insert:
(c)
the hourly movement of each security officer and security bodyguard while carrying out licensed activities for the business.
(2) After regulation 38(2) insert:
(3) A security agent’s general records must include records
of the first aid qualifications of each security officer
and security bodyguard who performs licensed
activities for the business.(4) A security agent’s general records must include records
of the training in guard dog handling completed by
each security officer who uses a dog in connection with
the performance of licensed activities for the business.
19. Regulation 41 amended
(1) In regulation 41:
(a) delete “A crowd” and insert: (1) A crowd
(b) delete paragraph (a) and “and” after it and insert:
(a)
the full name, residential address, licence number and expiry date of the licence of each crowd controller who performs licensed activities for the business; and
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(2) At the end of regulation 41 insert:
(2) A crowd control agent’s general records must include
records of the first aid qualifications of each crowd
controller who performs licensed activities for the
business.20. Regulation 44A inserted
At the end of Part 6 insert:
44A. Notification of address where records held For the purposes of section 78(2), notice of the address
of the premises where records are preserved is to be
given within 14 days after the records are —(a) preserved; or
(b) removed to the premises.
21. Regulation 44 amended
(1) In regulation 44 insert in alphabetical order: chief executive officer, in relation to the Chemistry
Centre (WA), has the meaning given in the ChemistryCentre (WA) Act 2007 section 3;
licensee has the meaning given in section 79B;
(2) In regulation 44 in the definition of approved testing equipment
delete “Director” and insert:chief executive officer
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22. Regulation 46 amended
(1) In regulation 46(1):
(a) delete “Commissioner of Health” and insert: CEO
(b) in paragraphs (a) and (b) delete “Commissioner” and insert: CEO
(c) in paragraph (b) delete “and urine samples.” and insert: or urine samples or both.
(2) In regulation 46(2) delete “Director” (each occurrence) and
insert:chief executive officer 23. Regulation 48A amended
In regulation 48A(1) delete “crowd controller” and insert:
licensee
24. Regulation 51 amended
(1) In regulation 51(1) delete “Director” and insert: chief executive officer
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(2) In regulation 51(2) delete “Director” and insert: chief executive officer 25. Regulation 53 amended
In regulation 53:
(a) in paragraph (a) delete “Director” and insert: chief executive officer
(b) in paragraph (aa) delete “Director” and insert: chief executive officer
26. Regulation 54A amended
(1) Delete regulation 54A(1) and insert:
(1) The Commissioner may prepare a draft code of
conduct setting out minimum standards of conduct to
be observed by all licensees or licensees who hold
licences of a particular type or class.(2) In regulation 54A(2):
(a) delete “an association” and insert: the Commissioner
(b) delete paragraph (b) and “and” after it;
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(c) after paragraph (a) insert: and
(3) Delete regulation 54A(3). 27. Regulations 55 to 57 inserted
At the end of Part 8 insert:
55. Surrender of licence
For the purposes of section 76(c), a licensee may
surrender a licence by written notice given to a
licensing officer.56. Return of licence
For the purposes of section 76, the licence and any
identity card must be delivered to a licensing officer
within 14 days after the expiry, termination or
surrender of the licence.57. Notification of change of address
(1) For the purposes of section 77(1), notice of the address
of a new place of business of a licensee under an
agent’s licence is to be in writing and given to a
licensing officer.(2) For the purposes of section 77(2) notice of the address
of a new place of residence of a licensee is to be in
writing and given to a licensing officer.
28. Part 9 deleted
Delete Part 9.
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29. Schedule 1 clause 1 amended
(1) In Schedule 1 clause 1(1):
(a) delete “the Commissioner — ” and insert: a licensing officer —
(b) in subclause (1)(b) after “security officer,” insert: security bodyguard,
(2) In Schedule 1 clause 1(2) delete “the Commissioner” and insert: a licensing officer 30. Schedule 1 clause 4A inserted
After Schedule 1 clause 3 insert:
4A. Guard dog handling training
(1)
A security officer must not use a dog in connection with the performance of any licensed activity for the business unless the officer has successfully completed an approved training course in the handling of guard dogs.
(2) This condition does not apply until the day that is 12 months
after the day on which the Security and Related Activities
(Control) Amendment Regulations (No. 2) 2009
regulation 30 commences.
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31. Schedule 1 clause 4 amended
In Schedule 1 clause 4(1)(a) delete “activity or the security officer
holds a permit under section 25 for the relevant occasion;” and
insert:
activity; and
32. Schedule 1 clause 9 amended
Delete Schedule 1 clause 9(1) and insert:
(1)
A security officer must not be in possession of a firearm while performing any licensed activity unless the firearm was provided to the security officer by the security agent for
the purpose of performing that activity.
33. Schedule 1 clauses 11A and 11B inserted
In Schedule 1 Division 2 after clause 10 insert:
11A. Guard dog handling training
(1) A security officer must not use a dog in connection with the
performance of any licensed activity unless the officer has
successfully completed an approved training course in the
handling of a guard dog provided by a registered training
provider.(2) This condition does not apply to the holder of a licence that
was issued before the day on which the Security and Related
Activities (Control) Amendment Regulations (No. 2) 2009
regulation 33 commences (commencement day) until the
day that is 12 months after commencement day.
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11B. First aid certificate
(1) A security officer must not perform any licensed activity
unless the officer holds a current first aid certificate.(2) This condition does not apply to the holder of a licence that
was issued before the day on which the Security and Related
Activities (Control) Amendment Regulations (No. 2) 2009
regulation 33 commences (commencement day) until the
day that is 2 years after commencement day.
34. Schedule 1 Division 2B inserted
After Schedule 1 clause 11 insert:
Division 2B — Security bodyguard’s licence
12A. No weapons to be carried by a security bodyguard
(1) Other than in accordance with section 41 a security
bodyguard must not be in possession of any firearm, baton
or other weapon while performing a licensed activity.(2) This condition applies even if the security bodyguard —
(a)
is entitled under the Firearms Act 1973 to be in possession of a firearm; or
(b)
is also a security officer whose licence is endorsed under section 24 or 26 or who holds a permit under section 25.
12B. First aid certificate A security bodyguard must not perform a licensed activity
unless the bodyguard holds a current first aid certificate.
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35. Schedule 1 clause 12 amended
(1) In Schedule 1 clause 12(1) delete “the Commissioner —” and
insert:a licensing officer — (2) In Schedule 1 clause 12(2) delete “the Commissioner” and insert: a licensing officer 36. Schedule 1 clause 13 amended
(1) In Schedule 1 clause 13(1) delete “the Commissioner —” and
insert:a licensing officer — (2) In Schedule 1 clause 13(2) delete “the Commissioner” and insert: a licensing officer 37. Schedule 1 clause 15A inserted
After Schedule 1 clause 15 insert:
15A. Information to licensing officer
(1) A crowd control agent must, at a licensing officer’s written
request, notify a licensing officer of the details referred to in
clause 15(c) and (d) in respect of an event or function.
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(2) The notice under subclause (1) is to be in writing and given to a licensing officer within any time frame specified in the request.
38. Schedule 1 clause 19A inserted
After Schedule 1 clause 18 insert:
19A. First aid certificate
(1) A crowd controller must not perform crowd control
activities unless the controller holds a current first aid
certificate.(2) This condition does not apply to the holder of a licence that
was issued before the day on which the Security and Related
Activities (Control) Amendment Regulations (No. 2) 2009
regulation 38 commences (commencement day) until the
day that is 2 years after commencement day.
39. Schedule 2 inserted
After Schedule 1 insert:
Schedule 2 — Disqualifying offences
[r. 24]
Division 1 — Division 1 offences
Enactment Offences The Criminal Code All indictable offences with a maximum penalty
exceeding 3 years imprisonment (whether or not a
summary conviction penalty applies in respect of
the offence), other than an offence under s. 378Offences under the following sections —
s. 51(2) s. 74 s. 87
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Enactment Offences
s. 128 s. 131 s. 171 s. 172 s. 192 s. 345
s. 396 s. 488 Offences under s. 378 if the offence falls within the
description of a special case under the heading
“Punishment in special cases” in that sectionFirearms Act 1973 All indictable offences Misuse of Drugs All indictable offences Act 1981 Criminal Code All offences in the Schedule Part 5.3 — Terrorism Act 1995
(Commonwealth)Division 2 — Division 2 offences
Enactment Offences The Criminal Code Offences under the following sections —
s. 75 s. 190 s. 191 s. 202 s. 313 s. 445
s. 474 s. 514 Offences under s. 378 other than an offence that
falls within the description of a special case under
the heading “Punishment in special cases” in that
sectionMisuse of Drugs All offences other than indictable offences Act 1981
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Enactment Offences Poisons Act 1964 All offences Weapons Act 1999 All offences 40. Schedule 4 amended
In Schedule 4:
(a) before the heading “Other licences” insert: s. 46(1) Application for issue of temporary
agent’s licence ..................................... 451 (b) before the heading “Miscellaneous” insert: s. 46(1) Application for issue of temporary licence other than a temporary
agent’s licence ..................................... 155
By Command of the Governor,
R. KENNEDY, Clerk of the Executive Council.
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