Stock Diseases Act Amendment Act 1960 (WA)

No. 24.] Stock Diseases. [1960.

mac DISEASES.

9° Elizabeth II., No. XXIV.

No. 24 of 1960.

AN ACT to amend the Stock Diseases Act, 1895-1954, and to repeal The Scab Act, 1888, The Scab Act, 1891, The Scab Act, 1891, Amendment Act, 1893 and The Scab Act Amendment Act, 1894.

[Assented to 21st October, 1960.]

BE it enacted by the Queen's Most ExcellentMajesty, 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:—

naligt tlieon 1. (1) This Act may be cited as the Stock

Diseases Act Amendment Act, 1960.

(2) In this Act the Stock Diseases Act, 1895-1954,

is referred to as the principal Act.

(3) The principal Act as amended by this Act

may be cited as the Stock Diseases Act, 1895-1960.

1960.] Stock Diseases. [No. 24.

S. IA

2. The principal Act is amended by adding after added.

section one the following section:-

Severability.

1A. This Act shall be read and construed so as not to exceed the legislative power of the State, the intention being that where any enact- ment in this Act would, but for this section, have been construed as being in excess of that power, it shall, nevertheless, be a valid enact- ment to the extent to which it is not in excess of that power.

S.2

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

(a)	by substituting for the words, "the colony or country" in lines four and five the words, "the State of the Commonwealth or part of the Commonwealth"; and
(b)	by deleting the words, "imported or" in line five.

S. 3

4. Section three of the principal Act is

amended.

See Act No.

amended 20 of 1918.

(a)	by deleting the subsection designation, "(1)" in line one;
(b)	by substituting for the words, "the First Schedule" in line one, the passage, "Schedule A"; and
(c)	by repealing subsections (2), (3), (4) and (5).

S. 4

5. Section four of the principal Act is amended

amended.

See Act No.

(a)	by deleting the passage, "and in any regula-	20 of 1918.
tions made hereunder," in lines one and two;
(b)	by deleting the passage, "except the disease of scab in sheep" in line three of the inter- pretation "Disease";
(c)	by substituting for the interpretation "Imported Stock" the following interpreta- tion

"imported stock"—All stock arriving in this State whether by land, sea or air from any place in any other State of the Commonwealth or part of the Com- monwealth: ;

No. 24.] Stock Diseases. [1960.

(d)	by deleting the words, "other than scab" in lines one and two of the interpretation, "Infected Stock"; and
(e)	by adding after the word, "vessel" in line three of the interpretation, "Infected Stock" the words, "or in or on the same convey- ance".

S. 5

repealed and	6. Section five of the principal Act is repealed and re-enacted as follows-
re-enacted.
Governor

may prohibit	5. (1) In any case where he deems it neces- tion or dissemination of disease into or in the State, the Governor may, from time to time by proclamation, prohibit or put restrictions on the introduction into the State from any other State of the Commonwealth or part of the Common- wealth specified in the proclamation of any infected stock or stock suspected to be infected for such specified period or until the happening of such specified event as may appear to him necessary or expedient for the purpose.
importation
of infected	sary for the purpose of preventing the introduc-
stock into
the State.
(2) A proclamation made pursuant to this section may be varied or revoked by subsequent proclamation.
(3) A person who disobeys, contravenes or fails to observe any prohibition or restriction imposed or made by a proclamation made under this section commits an offence against this Act.

Penalty: Six months' imprisonment or five

hundred pounds.

S. 8

amended. 7. Subsection (1) of section six of the principal

Act is amended

See s. 38,

Act o. 0 of (a) by substituting for the passage, "from time

1918.    to time make, vary, alter, or revoke such regulations under this Act" in lines one and two the words, "make such regulations";

(b) by deleting the words, "or imported" in line two of paragraph (1 ) and by substituting for the word, "Colony" being the last word

1960.] Stock Diseases. [No. 24.

in that paragraph the words, "State from any other State of the Commonwealth or part of the Commonwealth";

(c)	by substituting for the word, "Colony" in line two of paragraph (5) the word, "State";
(d)	by adding after paragraph (9b) the follow- ing paragraph

(9c) For imposing a maximum penalty of one hundred pounds for a breach of any regulation made under para- graph (9a) of this subsection.

See s. 36,

(e)	by deleting the passage commencing with	Act No. 20 of
the word, "All" in the fifth last line down	1918.
to and including the word, "Session" being the last word in the subsection; and
(f)	by adding after the word, "regulations" in line one of subsection (2) the passage, "except in respect of a regulation made under paragraph (9a) of subsection (1) of this section."

8.    Section seven of the principal Act is repealed. rSepriealed.

9.    Section eight of the principal Act is repealed. 213xepealed.

10. Section twelve of the principal Act is repealed.	T•Cp1e2aled.
S.13
11. Section thirteen of the principal Act is	amended.

amended

(a)	by substituting for the word, "imported" and the word, "Colony" respectively in line one, the word, "introduced" and the word, "State"; and
(b)	by adding after the word, "vessel" in line four the words, "or in the conveyance."

No. 24.] Stock Diseases. [1960.

S. 14

amended. 12. Section fourteen of the principal Act is

amended

(a)	by substituting for the word, "Colony" in line two and again in the last line, the word, "State";
(b)	by adding after the word, "vessel" in line six the words, "or conveyance"; and
(c)	by adding after the word, "Colony" being the last word in the section, the words, "until it is so examined and a permit so granted in respect thereof."

S.16

amended. 13. Section sixteen of the principal Act is

amended

(a)	by substituting for the word, "shall" in line one, the word, "may"; and
(b)	by substituting for the word, "the" in line two the word, "a."

S. 19

amended. 14. Section nineteen of the principal Act is

amended

(a)	by deleting the words, "imported or" in line one; and
(b)	by substituting for the word, "Colony" in line two the word, "State."

S.29

amended.	15. Section twenty of the principal Act is
See Act No. 17

of 1957.	amended by substituting for the words, "Resident or Police" in the second last line the word, "Stipendiary."
5.23
amended.	16. Section twenty-three of the principal Act is amended

(a)	by deleting the passage, "C," in line one; and
(b)	by substituting for the passage, "the Schedule to 'The Shortening Ordinance, 1853,' " in lines one and two the passage, "The Second Schedule to the Interpretation Act, 1918."

1960.] Stock Diseases. [No. 24.

17. Schedule A to the principal Act is amended :=Vg .A

by adding to the first and second columns thereof

the following:-

52 Vic., No. 11—The Scab Act, 1888. 54 Vic., No. 16—The Scab Act, 1891. 56 Vic., No. 13—The Scab Act, 1891, Amend-

ment Act, 1893.

58 Vic., No. 27—The Scab Act Amendment Act,

1894.

18.   Schedule B to the principal Act is deleted. netcri le B

19.   Schedule C to the principal Act is amended =ler

by adding after the word, "ship" in the fourth

column the words, "or conveyance."

20.    Schedule D to the principal Act is amended Lb:Zer

by adding after the word, "ship" in the fourth

column the words, "or conveyance."