Stallions Registration Act of 1923 (14 Geo v No. 16) (Qld)
Case
No judgment structure available for this case.
STOCK. 14 GEO. V. No. 16, 1923. Stallions R3gistration Act. ss. 1, 2. SALARIES. See PUBLIC SERVICE. SAVINGS BANKS, PRIVATE. See BANKS. SELECTIONS. See LAND, CROWN. SETTLEMENT, CLOSER. See LAND, On.OWN.. STALLIONS, REGISTRATION. See STOCK. 10839 STOCK. An Act to Improve the Breed of Horses, and for 14N G o. tio U . l v . . other incidental purposes. THE STALLIONS [ASSENTED TO 10TH OCTOBER, 1923.] REGISTRA- TION AOT OF B E it enacted by the King's Most Excellent Majesty, 192'3. by and with the advice and consent of the Legis- 1ative Assembly of Queensland in Parliament assembled, :and by the authority of the same, as follows :- 1. This Act may be cited as "The Stallions Regi8~ Short title. .tration Act of 1923." 2. In this Act, unless the context otherwise indicates, Interpreta- the following terms have the meanings set against them tion. respectively, that is to say:- "Approved standard"-A standard which con- Approved forms to a reasonable standard in respect of standard. type conformation and breeding; " Board" --A Stallion Board appointed for a Board. district under this Act; "Certificate "-The prescribed certificate of regis- Certificate. tration granted by the Minister under this Act; " District"--Any district constituted for the time Distriot. being under this Act;
10840 ss. 3, 4. STOCK. Stallions Regiskation Act. 14 GEO. V. No. 16,. Minister. Owner. Prescribed. Sound. Stallion. Under Secretary_ Veterinary surgeon. "Minister"-The Secretary for Agriculture and Stock or other Minister of the Crown for the- time being charged with the administration of this Act; "Owner" -The owner, whether jointly or in severalty, or the representative of the owner, or, if the owner is not known to the Under' Secretary or Board, as the case may be, then. the person in possession or charge of any stallion; and "ownership" has a correspond- ing meaning ; "Prescribed "--......Prescribed by this Act or Regula- tions made thereunder; "Sound"-Free from such diseases or defects as: are declared by Regulations under this Act to constitute hereditary unsoundness; and " soundness" has a corresponding meaning; " Stallion"--Any entire male horse or donkey of the age of three years or over such age; "Under Secretary"-The Under Secretary De- partment of Agriculture and Stock Brisbane; "Veterinary surgeon"-A person who holds a. diploma of some recognised college or institu,. tion authorised to confer diplomas in veterinary science, and who is approved by the Minister as a veterinary surgeon under this Act. Application 3. This Act shall be in force in such districts as the of Act. Governor in Council, on the recommendation of the Council of Agriculture, may from time to time declare by Proclamation published in the Gazette. The Governor in Council may at any time combine- two or more such districts into one district or may alter the boundaries of or abolish any such district. Stallion Boards. 4. (1.) Stallion Boards, which shall consist of not more than five persons qualified by experience and knowledge of breeding of stock (one of whom shall be a. veterinary surgeon and shall be appointed chairman of the Board), may be appointed by the Governor in Council on the recommendation of the Council of Agriculture, for any district: Provided that the Council of Agriculture shall not recommend the veterinary surgeon to be appointed to the Board.
STOCK. SS. 5, 6. 10841 1923. Stallions RegisirMion Act. ot (2.) The Board shall be called the "[Name District] Stallion Board," and shall have the powers and perform the duties conferred and imposed upon them by this Act. (3.) Any three members of the Board, of which one shall be the chairman, shall be a quorum at any meeting, and shall have all thc powers and authority conferred upon the Board by th:s Act. In the event of an equality of votes on a division) the chairman shall have a casting vote as well as a deliberative vote. (4.) In case of the illness or absence of any member of the Board, the Minister may appoint a deputy to act for such member during his illne8s or absence; and every such deputy shall, while so acting, have all the powers and perform the functions of such member. (5.) The members of the Board shall hold office for one year, and shall be eligible for reappointment from time to time: Provided that the Governor in Council may from time to time, by Order in Council published in the Gazette, extend the term of office of members of the Board for any period not exceeding, in the whole, three years. All vacancies caused by death, resignation, or other- wise may be filled by the Governor in Council, whenever the same arise. (6.) Tho Board shall cause minutes of their decisions to be kept. (7.) Any member of the Board who takes part in any Members of decision with respect to any stallion in which he is directly Board, b&c., or indirectly interested shall be liable to a penalty not ~ ~~~ ;~" te~ , exceeding one hundred pounds, and upon conviction for such offence shall cease to be a member of the Board. (8.) The Minister shall have the power to fix a date on and after which the functions of any Board under this Act shall cease. 5. The Minister may approve of qualified persons to Veterinary act as veterinary surgeons for the purposes of this Act. surgeons. 6. (1.) Every owner in a district shall, on or before Application tth h ee f U nirst d deray S oefcrJeutanrey inI . n eathche yperaers, crmI 'b aek d e afpoprmlica f toior nthtoe fo r o e f g rs. I t s a t l r l a i t o I . n O . n registration of all his stallions.
10842 S. 6. STOCK. Stallt:ons Registration Act. 14 GEO. V. Xo. 16, (2.) The application shall be verified by a statutory declaration by the owner, and shall specify- (a) The number of stallions of which he is the owner, and the dates of foaling in each case; (b) The locality where each of them is pastured or kept; (c) The name and pedigree of each stallion, and a description sufficient for the purposes of identification; (d) Thc district in which the stallion is to be travelled or offered for stud purposes. Applications (3.) Every app1ication shall be referred to the Board, rBeOfeMrrde.d to who shall examine such stallions in manner prescribed • Registration. Upon such examination being completed, the Board shall report to the Minister; and the .Minister shall cause to be entered in a register of stallions to be kept at the Department of Agriculture and Stock, particulars of all such stallions which are of approved standard and sound and for which certificates are to be issued. CC1·tificate of (4.) The Minister shall cause a certificate, in such of r S , ' c ~ f ~ . ~ . B s d tr u a le tion. the forms of the Schedule to this Act as is applicable ' to . be issued in respect of each stallion registered under this Act. Particulars and class of the stallions registered shall be published in one issue of the Queensland Agricultural Journal in each year with respect to each such stallion. (5.) Every registration of a three-year-old or four- year-old stalHon shall continue in force only until the first day of August next succeedjng the date of registra- tion, but may be renewed from year to year. In the case of stallions which are five years of age and over that age, the registration certificate shall, subject to the next succeeding provision, be for life, without further certificate or examination: Provided alwa,ys that the Minister may at any time direct that any stallion, in respect of which a certificate has been issued under this Act, shall be rp-examined by the Board at such time and place as the Minister may appoint, and in the event of such stallion being declared unsound such certificate shall cease to operate and be cancelled by the Minister. (6.) The fee for registration and for renewal shall be as prescribed by regulation under this Act, but shall not exceed twenty shillings in either case.
STOCK. ss. 7, 8. 10843 1923. Stallions Registration Act. (7.) Upon the death of or change of ownership in or leasing for a period exceeding six months of any stallion registered under this Act, full particulars must be notified by the owner to the Under Secretary, for alteration in the register, and unless the change of ownership or leasing is notified within one month, the certificate issued for the stallion concerned shall cease to operate and be cancelled by the Minister. 7. Once in each year, between the first and thirty- Annu~l . first days of July, the Board shall, by advertisement in ! ~ ~ mmatlOn some newspaper circulating in the district, and in such a~ jud{ 3a. other manner (if any) as may be prescribed, notify that tlOn. the Board will meet, at a time and place to be specified in such notice for the purpose of examining stallions, and the owners of such stallions shall present such stallions to the Board for examination at such time and place as may be advertised. 8. (1.) The Board shall examine all stallions Board to brought t.o the :place for inspection, a~d. shall judge by ~ ~ : Ili~ ! s. personal mspectIOn whether the stallIOns inspected are sound, true to the type of the breed they represent, and are stallions which can be expepted to improve the breed of horses in the State. (2.) An appeal shall lie from any decision of a Stallion Board to an appeal board consisting of the chief veterinary surgeon, and- (a) When the report shows that the stallion is not sound, such two other qualified veterinary surgeons; or (b) When the report shows that the stallion is not of approved standard, such two members of other Stallion Boards as shall in either of such cases be selected by the Minister: Provided that during the period for which the decision is postponed, the owner shall not use or permit the stallion to be used for stud purposes other than for mares which are his own property. Such appeal shall be brought and conducted within the time and in the manner prescribed. In the case of every appeal a payment of the sum of five pounds shall be made to the Minister, which sum, in the event of the decision of the Board being upheld, shall be forfeited to His Majesty. 1B
10844 ss. 9-11. STOCK. Stallions Registration Act. 14 GEO. V. No. 16, Only 9. After this Act has been in operation for two years ~ ~ ! tfi~ ~ : d no person shall offer for stud purposes any stallion without permitted to holding a subsisting certificate of registration for t,he stand. same, and for any contravention of this provision he shall be liable to a penalty not exceeding fifty pounds; but the offer for stud purpcses of a stallion in respect of which an application has been duly made and has not been rejected by the Board shall not be deemed a contravention of this provision. of Payments to 10. Fees to be fixed by the Minister shall be paid to ~ : ~~ : s each member of a Board, except officers of the Public Board. Service of Queensland, for the annual examination and adjudication of stallions under this Act; such fees need· not be of the same amount in each district or for each member. Offences. 11. (1.) Any person who~ (a) Procures or attempts to procure registration of a stallion or a certificate of registration of a stallion under this Act by making or pro- ducing or causing to be made or produced any false and fraudulent declaratiqn certificate or representation either in writing or other- wise; or (b) Wilfully makes or causes to be made any falsification in or in any manner relating to the registe~ of ~ tallions; shall be liable to a pen'1lty not exceeding one hundred pounds, or to be imprisoned for any term not exceeding twelve months, or to both of these punishments. (2.) Any person who- (a) Refuses to render any assistance reasonably necessary for carrying out the provisions of this Act or any regulations made thereunder; or (b) Gives a false answer to any question put to him by a member of a Board for the purposes of carrying out such plovisions; or (c) Is guilty of any contravention of this Act or of such regulations for which a penalty is not provided; shall be liable to a penalty not exceeding fifty pounds.
1923. STOCK. 8Ch. - - - - - ~- - -- - -- - - - - - - - - - - - - Stallions Registr-ation Act. 10845 12. All penalties imposed for any breach of this Act Redovery or the regulations thereunder may be recovered in a :;plication summary way, on complaint, under *" The Justices Acts, of penalties. 1886 to 1909," and shall, when received, be placed to the credit of the Consolidated Revenue, and form part thereof. 13. All expenses necessary for carrying this Act into ~ppropria effect shall be defrayed out of moneys from time to time tlOn. appropriated by Parliament for the purpose. 14. (1.) The Governor in Council may from time to 0overnor tI . me ma k e r I egu t a · Ions respec t· mg a 11 ma t ters an d th· mgs ImnaCyoumnaCkile which he deems necessary or convenient to give effect to regulationa this Act. All such regulations shall be published in the Gazette, and when so published shall have the same effect as if they were enacted in this Act, and shall be judicially noticed. (2.) A copy of all such regulations shall be laid before Regulatione Parliament within fourteen dav u s after the publication tb e o o fb r e e laid thereof, if Parliament is then sitting, and if Parliament Parliament is not then sitting, then within fourteen days after the commencement of the next session. SCHEDULE (A.) No. Department of AgrICulture and Stock, Queensland. CERTIFICATE OF REGISTRATION. "The Stallions Registration Act of 1923." Subject to this Act, this certificate remains in force until 1st August, 19 Of the Year-old [breed of stallion] Stallion submitted for Examination by the- Owner , of • Such. Stallion having been found suitable for Stud Service has been registered after examination by the Board appointed under the- abovenamed Act on this day of , 19 Issued by direction of the Secretary for Agriculture and Stock. Under Secretary. Chief Inspector of Stock. This Certificate must be handed to the Chairman of the Board at. next Ann~ al Examination. Stallion. ,. 50 Vie. No. 17 and Amending Acts, 8upra, page 1132.
10846 Sch. STOCK. Stallions Registration Act. 14 GEO. V. No. 16, 1923. [BACK] The Minister retains the right at any time to have a certificated stallion submitted for re-examination, and to cancel the certificate in the event of the animal being shown, to his satisfaction, to be unsound. DEATH OF STALLION or any change of ownership or lease for a period exceeding six months of a stallion in respect of which this certificate is issued must be immediately notified to the Under Secretary, Department of Agriculture and Stock, Brisbane. (B.) No Department of Agriculture and Stock, Queen~ land. CERTIFICATE OF REGISTRATION '" The Stallions Registration Act 0/ 1923." Issued for Life. qIVEN in respect of thp. Year-old (breed 0/ stallion] Stallion submitted for Examination by the Owner of . Such stallion having been found suitable for Stud Service has been registered after examination by the Board appointed under he abovenamed Act on this day of , 19 Issued by direction of the Secretary for Agriculture and Stock. Under Secret[1ry. Chief Inspector of Stock. [BACK] TENURE OF CERTIFICATE. The Minister retains the right at any time to have a stalli.on certificated for life submitted for re-examination, and to cancel the certific[1te in the event of the animal being shown, to his satisfaction, to be unsound. DEATH OF STALLION or any change of ownership or lease for a period exceeding six months of a stallion in respect of which this certificate is issued must be immediately notified to the Under Secretary, Department of Agriculture and Stock, Brisbane.
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0