Stock (Brands and Movement) Act Amendment Act 1972 (WA)

WESTERN AUSTRALIA.

STOCK (BRANDS AND

MOVEMENT).

No. 75 of 1972.

AN ACT to amend the Stock (Brands and

Movement) Act, 1970.

[Assented to 16th November, 1972.]

RE it enacted by the Queen's Most Excellent

Majesty, by and with the advice and consent

of the Legislative Council and the Legislative

Assembly of Western Australia, in this present

Parliament assembled, and by the authority of the

same, as follows:—

Short title

1. (1) This Act may be cited as the Stock and citation.

(Brands and Movement) Act Amendment Act, 1972.

(2) In this Act the Stock (Brands and Movement)

Act, 1970 is referred to as the principal Act.

(3) The principal Act as amended by this Act may be cited as the Stock (Brands and Movement) Act, 1970-1972.

No. 75.] Stock (Brands and Movement). [1972.

Commence-

ment. 2. This Act shall cone into operation on a date

to be fixed by proclamation.

Section 17

amended. 3. Section 17 of the principal Act is amended

(a)	by deleting the words "six inches in length and two inches in width" in lines two and three of paragraph (b) of subsection (1), and substituting the words "the prescribed minimum size for such a brand";
(b)	by deleting the words "not less than one- half of an inch in any dimension" in lines two and three of paragraph (b) of subsec- tion (2), the passage "not less, in any dimension, than the prescribed size for such an earmark"; and
(c)	by repealing and re-enacting subsection (3) as follows

(3) Any registered earmark on a sheep shall be of the prescribed size for such an earmark. .

Section 31	4. Subsection (3) of section 31 of the principal
amended.

Act is repealed.

Section 35A	5. The principal Act is amended by adding after
added.

section 35 the following section-

Branding	35A. Except as provided by section thirty-six of this Act, the proprietor of any stock which have been imported into the State shall brand the stock within the time and in the manner
of imported
stock.
prescribed. .

Section 40 6. Section 40 of the principal Act is repealed and

repealed and

re-enacted. re-enacted as follows-

Impounding

of unbranded	40. Any stock that is not branded, earmarked or otherwise identified in accordance with the provisions of this Act, found depasturing on unenclosed land may be impounded by any Inspector or Police officer. .
stock.

1972. J Stock (Brands and Movement). [No. 75.

7. Section 46 of the principal Act is repealed and IZ,:iacred and

re-enacted as follows— re-enacted.

46. (1) The proprietor or any other person greinir::-

for the time being having the custody and con- Document

trol of any stock of any type prescribed for the locarnsytot out ed ent to

purposes of this section which are on a run or being moved.

on any other place where stock are sold or dis- posed of, shall not, except where otherwise pres- cribed, cause or permit the stock to be removed from the run or place until the drover or carrier of the stock has been furnished with a waybill which meets the requirements of this section, or with such other document as may be prescribed for the purposes of this section.

(2) Every waybill or other document pres- cribed for the purposes of this section shall

(a) be made out in triplicate;

(b)	clearly indicate in writing such parti- culars concerning the number and type of stock, registered brands or earmarks as defined by the coded ear- mark index or both, places from which the stock are being driven or carried and the destination thereof, as are prescribed;
(c)	be signed by such person or persons as are prescribed and be delivered to and retained by such persons and for such periods as are prescribed.

(3) Any reference in the succeeding provisions of this Part to a waybill shall be construed as including a reference to any other document which may, in accordance with the regulations, be made out and used in place of a waybill. .

8. Subsection (1) of section 49 of the principal

Act is repealed and re-enacted as follows-

49. (1) A proprietor of stock who desires

to move any of his stock repeatedly to and

No. 75.] Stock (Brands and Movement). [1972.

from neighbouring runs for purposes incidental to animal husbandry, may apply in writing to the nearest Inspector for a special permit.

9. Section 50 of the principal Act is amended

(a)	by deleting the paragraph designation "(a)" in line four of subsection (1);
(b)	by deleting the passage "; or" in line four of paragraph (a) of subsection (1); and
(c)	by deleting paragraph (b) of subsection (1).

10. Section 54 of the principal Act is amended

(a)	by inserting the word "wilfully" before the word "slices" in line one of paragraph (a) of subsection (1);
(b)	by deleting paragraph (b) of subsection (1);
(c)	by inserting after the word "mutilated" in line three of paragraph (e) of subsection (1) the words "to which he cannot prove ownership";
(d)	by inserting after the word "or" in line one of paragraph (f) of subsection (1) the word "wilfully"; and
(e)	by inserting after the word "agent" in line two of paragraph (a) of subsection (2) the words "or owner"; .