Stallions Act 1921 (WA)

1921.] Stallions. [No. 17.

STALLIONS.

12° Ono. V., No. XVII.

No. 17 of 1921.

AN ACT to provide for the Certification and Registration

of Stallions and for other relative purposes.

[Assented to 29th November, 1921.]

BE it enacted by the King's Most Excellent Majesty, byCouncil and Legislative Assembly of Western Australia, inand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:-

1. This Act may be cited as the Stallions Act, 1921, and Short tub and commencement.

shall come into operation on the first day of January, nine-

teen hundred and twenty-two.

2. In this Act, subject to the context— Interpretation.

"Inspector" means the Chief Inspector of Stock ap-

pointed under the Stock Diseases Act, 1895:

"Minister" means the Minister for Agriculture:

"Owner" includes part owner or lessee:

"Parade" means a parade of stallions for inspection and

examination, and includes a special parade of one or

more stallion or stallions:

"Register" means the register of stallions provided for

in this Act.

"Registrar" means the registrar of stallions under this

Act:

"Stallion" means an entire male horse two years of age

or over:

No. 17.] Stallions. [1921.

"Standard" means standard as regards type, conform-

ation, and breeding:

"Stud purposes" means the service of mares by a stal-

lion:

"Uncertificated stallion" means a stallion in respect of

which there is no certificate under this Act in force:

"Unsoundness" means any hereditary or transmissible

unsoundness or disease which may be declared by

proclamation to be unsoundness within the meaning

of this Act:

"Veterinary surgeon" means a registered veterinary surgeon within the meaning of the Veterinary Act, 1911.

Applications for

certificates. 3. Any owner of a stallion who desires to obtain a certifi-

cate in respect thereof under this Act shall, in the prescribed

manner

(a) apply to the Inspector for the issue of a certificate

of the desired description;

(b) forward with such application a fee of one pound.

Secretary to	4. (1.) The Governor may appoint a secretary to the In- spector and such officers as may be necessary for the pur- poses of carrying out this Act.
(2.) The secretary to the Inspector shall be the registrar under this Act.

Inspector.

Examining	5. (1.) The Inspector shall from time to time appoint, in
authorities.

the prescribed manner and subject to the prescribed condi- tions, such examining authorities as he may deem necessary for the examination of stallions.

(2.) An examining authority shall consist of

(a) a veterinary surgeon approved by the Governor;

and

(b) two persons of good repute being competent judges

of horses to be nominated as prescribed.

(3.) The decision of the examining authority shall, on the question of whether a stallion is affected with unsound- ness, be in accordance with the opinion of the veterinary sur- geon alone, and on the question whether the animal conforms to a reasonable standard, it shall be in accordance with the opinion of the majority of the examining authority.

1921. ] Stallions. [No. 17.

(4.) If the examining authority shall decide that the stallion is not affected with unsoundness and is not below a reasonable standard, it shall in its report to the Inspector signify its approval of the stallion and its allowance of the issue of one of the descriptions of certificate hereinafter men- tioned in respect thereof, but otherwise a certificate shall be refused, and such refusal reported to the Inspector.

held, conducted, and carried out in such manner and at such seQillotations of 6. (1.) Inspections and examinations of stallions shall be inspections and

times and places annually as the Inspector may direct and appoint, and he may appoint general or special parades to be held for the purpose of such inspections and examinations.

(2.) Whenever the Inspector appoints a parade to be held ggernletsuraanla

atgrounds under the control of or used by any agricultural )0,i=parades or pastoral association or society, the council or executive and examinations.

body of such association or society shall provide a suitable place for holding the parade and conducting the examination of stallions, and shall give the examining authority every reasonable assistance in the arrangements for and in connec- tion with the parade and examination.

Any owner who is unable to submit his stallion to examination at a general parade may, on paying in advance the prescribed fee, submit his stallion to examination at a special parade to be appointed by the Inspector.

(3.)

(4.) The owner of every stallion submitting it for ex- amination at a parade or elsewhere shall give to the examining authority all such particulars relating to the stallion as may be required by such authority, or may be prescribed, and shall in every respect facilitate the examination.

7. (1.) Every examining authority shall, as soon as may gyaToiniaowlm-

be after each examination of stallions, report in writing as prescribed to the Inspector with respect to all stallions ex- amined by such authority.

(2.) On receipt of such report by the Inspector, the re- Certificates to be Issued.

gistrar shall, under his direction, cause to be issued in the case of all stallions approved by the examining authority the description of certificate allowed by that authority.

8. (1.) There shall be two descriptions of certificate, one Season certificates and life certificates.

termed a "season certificate," the other a "life certificate."

No. 17.] Stallions. [1921.

Every season certificate shall be issued for a period com- mencing not earlier than the first day of July in any year and ending on the thirtieth day of June, in the immediately suc- ceeding year.

Life certificates shall be issued only in respect of stal- lions of or over the age of five years,-and shall, subject to this Act, last for the life of the animal.

In ease any person has applied for a life certificate in respect of a stallion, and it shall appear that he is not en- titled to that description of certificate but is entitled to a season certificate, then the latter description of certificate shall, if he so desires, be issued to him.

Inspector may

require re-examina-

(2.) Notwithstanding the issue of a season certificate or life certificate in respect of a stallion, the Inspector, if of opinion that a stallion is affected with unsoundness, may re- quire the owner or person in charge of the stallion to submit it for examination during the currency of the certificate, and may cancel the certificate in the event of the stallion being found, on such examination, to be affected with unsoundness, or in the event of the stallion not being submitted for such examination as directed by the Inspector.

tion of stallion.

(3.)

Such fee as may be prescribed shall be paid to the registrar by the owner of a stallion prior to the issue of every certificate in respect of such stallion; and where a life certifi- cate has been issued in respect of a stallion a fee of one guinea shall, so long as the life certificate continues in force, be paid annually by the owner of the stallion to the registrar upon demand being made therefor in the prescribed manner, and in the event of non-payment of any such fee the Inspector may cancel the certificate.

Register of certi-	9. (1.) The registrar shall keep a register of certificated
ficated stallIons.

stallions in accordance with the regulations, and shall enter

therein the prescribed particulars.

List to be garotted	(2.) The registrar shall in the prescribed month in each year, commencing with the year one thousand nine hundred
annually.
and twenty-two, cause to be published in the Gazette a list of
stallions in respect of which season certificates have been taken out for the then current year, and a list of stallions in respect of which life certificates have been granted and are still in force.

1921.] Stallions. [No. 17.

10.    No uncertificated stallion shall be used for stud pur- nolliuneerttated

poses except on mares the property of the owner or one of .-undtrasses.	;ota	r e
the owners of the stallion, and no person shall stand or travel or permit or be party or privy to the standing or travelling of any uncertificated stallion for stud purposes:
Provided that this section shall not have effect in any de- fined portion of the State in which the Governor may by an Order in Council declare that this section shall not apply, but any such Order in Council may be altered or revoked.

11.    (1.) If on an application under this Act for a certifi- Appeals from

cate for a stallion a certificate is refused the owner may, on gatitg.

application made by way of appeal within the time and in the

manner prescribed, have the stallion examined by an appeal

board consisting of the Inspector and such two members of

the panel of referees constituted under this section as the

Minister selects.

The appeal board shall forward to the Minister the result of the examination under this section, and the Minister, after considering the same, shall either allow or dismiss the appeal or vary the decision appealed from; and the Minister's decision shall be final and shall be given effect to.

(2.)

When the appeal is against the refusal of a certifi- cate, wholly or partly on the ground of the stallion being below a reasonable standard, the appeal board may postpone its report for any period not exceeding one year, and during the period of postponement the stallion shall be deemed to be uncertificated.

(3.)

For the purposes of examination under this section there shall be constituted a panel of referees consisting of such veterinary surgeons and other competent persons as the Minister shall select and appoint.

(4.)

Every appellant under this section shall on lodging his application pay the prescribed fee not exceeding four pounds, and in default of such payment the application shall be treated as a nullity.

(5.)

The Minister shall decide if any and what portion of the application fee shall be returned to an appellant and may direct an appellant to pay such sum for or towards the costs, charges, and expenses of and incidental to the examin- ation hereunder as the Minister shall deem just, and any sum

(6.)

No. 17.] Stallions. [1921.

so directed to be paid may be recovered by the Registrar by complaint before justices in manner set out in the Justices Act, 1902-1920.

Offences and 12. (1..) The contravention by any person of any section or provision of this Act, whether by act or omission, shall be deemed an offence against this Act.

Ilona/ties,

Every offence against this Act for which no specific

penalty is provided shall be punishable on summary convic-

tion by a fine not exceeding Fifty pounds.

(2.)

(3.) This section does not apply to the contravention of

any regulation.

Evidence. 13. In any prosecution under this Act an averment in the complaint

Onus of /two!.

(a)	that a stallion is uncertificated ; or
(b)	that a stallion is of or under or over a certain age;

or

(c) that the defendant is the owner or one of the owners

of a stallion,

shall be deemed to be proved until the contrary has been proved, and the production of any bill, poster, or other printed or written matter advertising any stallion for stud

purposes shall be prima facie evidence that such bill, poster,

or other advertising matter was used to advertise the stallion named and described therein by or with the consent of the owner of the said stallion, and that the person (if any) named therein as owner of the stallion is such owner.

regulations. 14. (1.) The Governor may from time to time make re- gulations for all or any of the matters following:

(a)

Prescribing and regulating the holding and conduct-

ing of parades of stallions and the inspection and

examination of stallions at parades and elsewhere :

(b)

Prescribing the events in which and the conditions subject to which special examinations of stallions may be held in cases where owners of stallions fail to submit them at parades:

(c)

Prescribing the conditions to be complied with and the particulars to be furnished by owners of stal- lions for the purposes of this Act:

1921. Stallions. [No. 17.

(d) Prescribing the form of register and the manner of

keeping and controlling the same:

(e) Prescribing the forms and regulating the granting

and issuing of certificates in respect of stallions,

and prescribing any other forms for use under this

Act:

Regulating the procedure in respect of appeals, and

the method of taking evidence at a distance:

(g) Regulating or prescribing all matters which by this prescribed, or which the Governor deems neces- sary or convenient for carrying out the provisions of this Act. Act are required or permitted to be regulated or

(2.) Such regulations may impose any penalty, not ex- ceeding Five pounds, for any breach thereof.

15.    (1.) The Governor may from time to time, by procla- Extortion of

"nation, exempt any portion of the State from the operation gni °On; glittn

of this Act, and may at any time revoke any such proclama- ACt• a4-"a4-"

tion.

(2.) Whilst any such proclamation is in force, this Act

shall not be operative in the portion of the State thereby ex-

empted.

16.    The Governor may by regulation provide that any =1=7 to

special kind of certificate granted under a statute in force in any State of the Commonwealth or other part of the King's Dominions shall be of the same force and validity in this State as if it had been granted under the authority of this Act, provided that the Governor has first satisfied himself that such State or other part of the King's Dominions accords recognition to certificates granted under this Act.

17.    The expenses of administering and enforcing this Act Expanses of

of the panel of referees or any examining authority as allowed Appropriation.	(including the reasonable expenses and charges of members adminiatration.
by the Minister) shall be paid out of the consolidated revenue fund, which is hereby permanently appropriated to the neces- sary extent accordingly.