Stallions Registration Act Amendment Act of 1932 (23 Geo v No. 18) (Qld)

STOCK. .23 GEO. V. No. 18, 1932. Stallions Registration Act Amendment Act. - ~ - - - - - - - . - - - - - - . - - - - - - - - - - - - - - . - - - (4.) All regulations made or purporting to have been made under this Act, upon being published in the Gazette, shall have the same force and effect as if they were enacted in this Act and shall be judicially noticed, and their validity shall not be questioned in any proceedings whatever. (5.) A copy of all such regulations shall be laid before Parliament within fourteen days after the publica- tion thereof if Parliament is then sitting; and if Parliament is not then sItting, then within fourteen clays after the commencement of the next session. 14Bf!9 An Act to Amend" The Stallions Registration Act 23 Geo. V. No. 18. of 1923" (as amended by "The Primary THE Pl'oducers' Organisation and Marketing Act RSTEAGLISLTIORNAS· of 1926") in certain particulars. 'I.'ION AOT AMENDMENT ACT OF 1932. [ASSENTED TO 8TH DECEMBER, 1932.] B E it enacted by the King's Most Excellent :Majesty, - by and with the advice and consent of the Legis- lative Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Stallions Short title Registration Act Amendment Act of 1932," and shall be : ~ ~ ~ ti~ ~ . read as one with *" The Stallions Registration Act of 1923 " (as amended by section thirty-five of t" The Primary Producers' Organisation and Marketing Act of 1926"), herein referred to as the Principal Act. The Principal Act and this Act may collectively be cited as " The Stallions Registration Acts, 1923 to 1932." Amendments of the Principal Act. 2. Section two of the Principal Act is amended by Amendment the insertion after the definition of "Under Secretary" of s. 2. of the following definition, namely : - " "This Act "-This Act and all Regulations This Act. made thereunder; " * 14 Geo. V. No. 16, supra, page 10839. t 17 Geo. V. No. 20, supra, page 11659.

14400 STOCK. Stallions Registration Act Amendment Act. 23 GEO. V. No. 18, The following definition is also added after the definition of "Veterinary surgeon," namely;- Year. " "Year"-The period of time from the first day of August in one year to the thirty-first day of July, inclusive, in the next following year; " Amendment 3. Section four of the Principal Act is amended as of s. 4. follows ;-- (a) Subsection one is repealed and the following new subsection is inserted in lieu thereof, namely ;- Stallion Boards. "[4.J (1.) Stallion Boards which shall consist of three persons, namely- (a) Two persons qualified by experience and knowledge of breeding of stock; and (b) A qualified veterinary surgeon to be approved of by the Minister, and who shall be appointed chairman of the Board, may be appointed by the Governor in Council for any district; Provided that the persons referred to in paragraph (a) aforesaid may, at the discretion of the Minister, be appointed on the nomination of the show societies in the district concerned." (b) Subsection three is amended by omitting the words "three members" and inserting in lieu thereof the words "two members." (c) Subsection five is amended by deleting all words from and including the words "Provided that" to and including the words " three years " occurring in the first paragraph of the said subsection. Amendment 4. Section six of the Principal Act is amended as of 6. 6. follows ;- (a) In subsection one the word" June" is repealed and the word "April " is inserted in lieu thereof. (b) In subsection five the words" until the first day of August next succeeding the date of registration" are repealed and the words "until the close of the year for which such registration was made" are inserted in lieu thereof.

STOCK. 14401 1932. Stallions Registration Act Amendment Act. (c) Subsection six is amended by omitting the words" twenty shillings" and by inserting in lieu thereof the words" forty-two shillings." The following proviso is also added to the said subsection six, as follows :- " In addition to the fees hereinbefore prescribed by this subsection, an annual fee of five shillings shall be payable in respect of all stallions holding a life certificate of registration : Provided that if such annual fee remains unpaid during the period of three years next succeeding the issue of any such life certificate, such life certificate in respect of the stallion concerned shall be deemed to be null and void and cancelled accordingly." (d) After subsection six the following new subsec- tions are inserted, namely :- " (6A. ) Notwithstanding anything herein contained, in the case of a stallion of five years and upwards which has been imported into this State, if the owner thereof produces to the Minister a certificate approved by him from an officer or Board in the country or State of origin of such stallion that such stallion is sound, such certificate for the purposes of this Act shall be accepted as a certificate of registration of such stallion accordingly. (6B.) Any owner of a stallion, in respect of whose stallion a certificate has been refused on account of its having been rejected for unsoundness, shall be prohibited from transferring the ownership of, or from the leasing of, or from transferring the control of, such stallion to any other person unless such stallion shall be first unsexed." 5. In section seven of the Principal Act, the words Amendment "Once in each year between the first and thirty-first of B. 7. days of July" are repealed; also the words" the Board shall" are repealed, and the words "The Under Secretary, Department of Agriculture and Stock, shall " are inserted in lieu thereof. The following provision is added to the said section seven, namely : ~ " Such advertisement shall appear in the newspaper at least thirty days before the time specified in the notice as the time for the examination of the stallions."

14402 STOCK. Stallions Registration Act Amendment Act. 23 GEO. V. No. 18, - - - ~ --- -- - Amendment of s. 8. 6. Section eight of the Principal Act is amended as follows :- Appeal. (a) In subsection two all words from and including the words "An appeal shall lie" to and including the words "selected by the ,Minister" are repealed and the following words are inserted in lieu thereof, namely:- "An appeal shall lie from any decision of a Stallion Board- (a) When the report shows that the stallion is not sound, to an Appeal Board consisting of a veterinary surgeon approved by the Minister; and (b) ,;Vhen the report shows that the stallion is not of approved standard, to an Appeal Board consisting of a veterinary surgeon approved by the Minister and one member, approved by the Minister, of another Stallion Board, and the decision of the Appeal Board in respect of any appeal under this paragraph (b) shall be final and conclusive." (b) The follmving further subsections are added to the said section eight, as follows :- " (3.) Where, pursuant to the appeal as prescribed in paragraph (a) of subsection two of this section, the Appeal Board as therein constituted upholds such appeal, such appeal shall not be final, but the matter shall be referred to the arbitration of the Chief Inspector of Stock (who shall for the purposes of this section be an Appeal Board) whose decision in the matter shall be final and conclusive. (4.) Where, pursuant to the provisions of subsection two of this section, the report of the Stallion Board or, on appeal, the decision of the Appeal Board, shows that a stallion is not of approved standard, the owner thereof shall be required to restrict the use for stud purposes of such stallion to the mares which are his own property, and not otherwise." (c) The last paragraph of subsection two beginning with the words "In the case" and ending with the words" Majesty" shall be renumbered subsection five, and the following new provision is added to this sub- section five as follows : - " In addition to the payment of five pounds as above prescribed, the owner shall, in the event of the decision

STOCK. 14403 1932. Stalliolls Registration Act Amendment Act. of the Board being upheld, be liable for all the costs, charges, and expenses incurred in or in connection with an appeal under this section. Such costs, charges, and expenses shall be deemed a debt due to His Majesty, and may be recoverable as such in any court of competent jurisdiction.', 7. A new section (9A) is inserted after section nine Amendment of the Principal Act as follows :_ of s. 9. " [9A.] On and after the first day of January, one Only thousand nine hundred and thirty-four, no person shall regi~ tered use or 0 ffer for st ud purposes I.n a d· IS t n.ct any st a11I·On pstearllmIOitntsed without holding a subsisting certificate of registration to stand. for the same, and for any contravention of this provision he shall be liable to a penalty not exceeding fifty pounds: Provided that where a person has made application for t,he registration of a stallion such person may use or offer for stud purposes the stallion in respect of which the application has been made between the date of such application and the inspection of the stallion by the Board; but the provisions of this proviso shall not apply in any case where the person concerned neglects or fails to produce the stallion for inspection within such time subsequent to his application as shall be required of him so to do by the Board." 8. On and after the first day of January, one Repeal of thousand nine hundred and thirty-four, section nine of s. 9. the Principal Act shall be repealed. 9. Two new sections are inserted after section 9A of New 8. 9B. the Principal Act (previously inserted), as follows : - "[9B.] Subject as hereinafter provided, any owner of Uns~ xing of a stallion in respect of which stallion the report of the ~ ~ a! ~ ~ ~ in Board pursuant to section eight of thi~ Act shows that cases. such stallion is not sound, shall cause such stallion to be unsexed within a period of three months or such extended time as may be prescribed after the receipt by such owner of the result of the examination of the stallion concerned, or in case of an appeal pursuant to sub- section two of the said section eight, within a period of three months or such extended time as may be prescribed after the receipt by such owner of the result of the examination, on appeal, of the stallion concerned: Provided that no stallion shall be required to be unsexed pursuant to the provisions of this section unless

14404 STOCK. Stallions Registration Act Amendment Act. 23 GEO. V. No. 18. the Board (being the Board or the Appeal Board as the case may be) shall report to the Minister that it recommends that the stallion certified not to be sound shall be unsexed, and unless the Minister shall approve of the recommendation of the Board, which approval of the Minister shall be conveyed to the owner of the stallion concerned. Any person contravening or failing to comply with the provisions of this section shall be guilty of an offence, and shall be liable on conviction to a penalty not exceeding fifty pounds, and in addition to a daily penalty not exceeding one pound for every day during which the default continues. When [90.] Where any Board has refused to issue a· : ~ ~ : ! ' : t~ ~ n certificate in respect of a stallion on the ground that a of st~ lI. ion stallion is not sound or is not of approved standard, or prohIbIted. in the event of any appeal being made under this Act, in respect of such refusal, to an Appeal Board, the final decision of the Appeal Board shall have upheld the decision of the Board refusing to issue such certificate, no person shall thereafter submit such stallion for examination to the Board refusing to issue such certificate, or to any other Board. Any person offending against the provisions of this section shall be liable to a penalty not exceeding fifty pounds." Aofms.en 1 d 0 m . ent sectio 1 n 0 t . enThoef tfhoelloPwriinncgipnael wAcste:ct-ions are inserted after Stallions "[lOA.] The Board may cause any stallion in : e~ ftd~~ete. respect of which a life certificate of registration has been granted to be branded with a prescribed fire brand. The regulations may also prescribe that any stallion in respect of which such certificate has been cancelled may be branded with a prescribed brand indicating that such certificate has been cancelled in respect of such stallion. Owners to ~ : ~ t~ ~ :te. [lOB.] Any owner of a stallion when publicly offering such stallion for service shall, on demand by an owner of the mare produced for service, or on demand by any officer of the police or any officer of the Department of Agriculture and Stock, produce to such owner, officer of police, or officer of the Department, as the case may be, the certificate of registration of such stallion. "

STOCK. 14405 1932. Stallions Registration Act Amendment Act. 11. A new subsection three is added to section Amendment deven of the Principal Act as follows :_ of s. ll. "(3.) Subject to this Act, any person who- (a) Neglects or fails to make application for registration of a stallion; or (b) Neglects or fails to submit a stallion for examination, shall be liable to a penalty not exceeding ten pounds : Provided that any person shall, on being found guilty of any second or subsequent offence for a breach of paragraph (b) of this subsection, be liable to a penalty not exceeding twenty pounds, and to a daily penalty not exceeding ten shillings for every day during which the default continues." 12. (a) In the Schedules (A) and (B) the words Schedules. '*"" The Stallions Registration Act of 1923"" are repealed, .and the words" "The Stallions Registration Acts, 1923 to 1932" " are inserted in lieu thereof. Also in Schedule (A) the words" 1st August" are repealed and the words "31st July" are inserted in lieu thereof. (b) The· regulations may prescribe any forms necessary or convenient to give effect to the objects and purposes of "The Stallions Registration Acts, 1923 to 1932." - - - -. .. - - .- - -- - ~- - -- - -- . -- - -- - - . - _------ * 14 Geo. V. No. 16, 8upm, page 10839. STOLEN PROPERTY. See JUSTICES (2). SUGAR WORKERS' SELECTIONS. See LANDS, CROWN (1). TAXATION. See INCOME TAX; see LABOUR (1) INCOME (UNEMPLOYMENT RELIEF) TAX; see also LAND TAX. TRAFFIC. See TRANSPORT.