Stock Diseases (Amendment) Act 1934 (NSW)
STOCK DISEASES (AMENDMENT)
ACT.
Act No. 33, 1934.
| An Act to provide for additional members of the Board of Tick Control; to amend the Stock Diseases Act, 1923, and the Stock Act, 1901, in certain respects; and for purposes connected therewith, [Assented to, 14th November, 1934.] | George v, |
BE
324 Stock Diseases (Amendment) Act.
| No. 33, 1934. |
“1 3 E it enacted by the King’s Most Excellent Majestyj I I by and with the advice and consent of the IjOgis-
lative Council and Legislative Assembly of Now South Wales in Parliament assembled, and by the authority of the same, as follows:—
| Short title. | 1 . (1) This Act may be cited as the "Stock Diseases (Amendment) Act, 1934.” |
| tion and |
| Construc | (2) This Act shall be read and construed with the |
| commence | Stock Diseases Act, 1923, in this Act referred to as the |
| ment. | Principal Act. |
| (3) The Principal Act, as amended by this Act,, may be cited as the “ Stock Diseases Act, 1923-1934.” | |
| (4) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette. |
| Kepeals. | 2 . (1) The Act mentioned in the Schedule to this Act |
is to the extent therein expressed hereby repealed.
(2) All regulations made under the authority of any enactment hereby repealed, and being in force at the commencement of this Act shall be deemed to have been made under the authority of the Principal Act as amended by this Act.
(3) All proclamations made under any of the enact ments hereby repealed the operation of which is not exhausted at the commencement of this Act shall be deemed to have been made under this Act and shall have and take effect accordingly.
| Additional | 3 . (1) Upon a day to be appointed by the Governor and notified by proclamation published in the Gazette (in this section referred to as the appointed day) the Governor shall appoint two persons to be additional members to the Board of Tick Control. | |
| members. | ||
| (2) The persons so appointed shall be persons owning stock within quarantine areas proclaimed on account ol the presence of cattle tick. | ||
| (3) One of such persons shall be elected in the manner prescribed. | ||
| (4) The term of office of the additional members appointed under this section shall commence upon the appointed day and shall expire upon the expiration by effluxion of time of the term of office of the members of the Board of Tick Control holding office at the commence ment of this Act. Such additional members shall be | ||
|
| stock Diseases (Amendment) Act. | 325 |
| (5) The provisions of subsections five, six, seven and eight of section five of the Principal Act shall ai^ply to and in respect of tlie two additional members ap[)ointed under this section. | . | ' |
(6) The appointed day shall not be later than four
months after tlie date of the commencement of this Act.
(7) Upon the appointed day the Pi'incipal Act consequential
| T n , | , , | jinK'iulment of |
| shall be amended— | acino. S4, |
| (a) | by omitting from subsection two of section five | “ ’ ' ' |
the word “ four” and by inserting in lieu thereof
| : | the word “ six” ; |
| (h) |
by omitting from the same subsection the word , “ three.”
| 4 . The Principal Act is amended— | Amoniimcnt oi |
| ^ | Ai-t No. 34, |
| i | (a) (i) by inserting in section three before the defi-f’ce. 3. |
nition of “ Disease” the following new
definition:—
| ’ | “ Carcass” includes any portion of a car cass, and the hide, skin, hair, wool or viscera of any stock. |
(ii) by inserting in the definition of “Disease” in the same section after the words “ any disease ” the words “ parasite or pest affecting or attacking stock” ;
(iii) by inserting in the same section after the definition of “ Disease” the following new definitions:—■
“ Fittings” includes stall fittings, rugs,, harness, chains, headstalls and any thing commonly used for, with or about stock.
“ Fodder” includes hay, straw, litter, grass, grass seed, green crop, grain, corn and the manure of any stock.
(iv) bj' inserting in the definition of “Travelling stock” in the same seetion after the word “ vessel” the words “ aeroplane or airship” ;
| (b) | by inserting at the end of section six the follow- sic. o. ing words: “ and may authorise in writing any (in.qpcc- person to carry out any or all of the duties and | |
| ’ | exercise any or all of the powers of an | |
|
| 32G | stock Diseases (Amendment) Act. |
| K’o. 33, 1934. |
(e) (i) by omitting from paragraph (a) of section
| See. 7. | seven the words “ or vessel” and by insert |
| (Powers of | |
| inspectors.) | ing in lien thereof the words “ vessel, aero plane or airship” ; |
(ii) by inserting in the same paragraph after the word “ stock” the words “ or carcass” ;
(iii) by omitting from paragraph (b) of the same section the words “ infected stock or stock which he suspects to be infected or any straying stock” and by inserting in lieu thereof the words “ any stock or carcass which is infected or which he suspects to be infected or any stock which in his opinion is straying” ;
| See. 8. | (d) by inserting at tlie end of section eight the (f) order the owner or occupier of any land upon which the stock are or have been to cause the land or any building thereon to be disinfected in such manner as may be prescribed to the satisfaction of the inspector. |
| (Further | following new paragraph:— |
| powers of | |
| inspectors.) | |
| ment of Act |
| Further amend | 5. The Principal Act is further amended-— |
| :No. 34, 1923. |
| New secs* | (a) by inserting after section eleven the following |
| l lA , l lB , | new sections:— |
| Protected | 11a. (1) The I\Iinister may by notification published in the Gazette declare any land therein described to be a protected area as regards any specified disease, and may by the same or a like notification prohibit either absolutely or except subject to the prescribed conditions the bringing into the area of any stock or any class of stock, or any carcass, fodder, fittings or animal pro ducts. |
| area. | |
| (2) The Minister may by the same or a like notification require any specified class or classes of stock Avithin a protected area to be subjected to the prescribed tost for the disease in respect of which the area has been declared to be protected. |
(3)
| stock Diseases (Amendment) Act. | 327 |
| . | No. 33, 1934. |
| (3) The Minister may by a like notifica- tion amend or revoke any notification made under this section. | ---- |
11b. (1) The Governor may from time to time Protection
by proclamation published in the Gazette restrict i,f(“oTtation or absolutely prohibit the importation or intro- oidiseased duction into the State of any stock, carcass, fod
der, fittings, or animal products from any other State or from any colony or country in which there is reason to believe any disease in stock exists.
(2) The Governor may in like manner at any time revoke or vary any such procla mation.
| (b) by inserting in section twelve after the words “ quarantine area” wherever occurring the | Sec. 12. |
| ])owers of 'F u rth e r |
| words “ or protected area.” | Iviiiiister.) |
| 6 . The Principal Act is further amended— | Further Amendment oi Act h’o. |
| U 2 3 . |
| (a) (i) bj" omitting subsection one of section fifteen and by inserting in lieu thereof the follow | S^'c. 15. |
| i Quartmliiio |
| ing new subsection:— | lines.) |
| (1) The Minister may by notification pub lished in the Gazette declare quarantine lines, and may by the same or a like notifi cation specify the conditions under which stock may cross any quarantine lino. |
(ii) b}’ omitting subsection two of the same section.
(b) (i) by omitting from paragraph (b) of subsec- scc. 17.
tion one of section seventeen the words “ any (Pow er to carcase or part of a carcase, or any hide, siructlmi.) skin, hair, wool” and by inserting in lieu
thereof the words “ any carcass” ;
(ii) by omitting from the same subsection all words following the word “ prescribed” and by inserting in lieu thereof the words “ or to dispose of the same in such manner and under such conditions as may be specified
328 Stock Diseases (Amendment) Act.
| No. 33, 1934. |
in the order, whenever in his opinion such destruction or disposal would tend to pre vent the spread or cause of disease” ;
| Sec. 20. | (c) (i) by omitting paragraph (a) of section twenty |
| (Offences.) | and by inserting in lieu thereof the following new paragraphs:— |
| (a) | is the owner of any stock found stray ing which are infected, or are found straying within a quarantine area, or who is the person from whose charge anj ̂ such stock have strayed; or |
(al) contravenes or fails to comply with the provisions of any proclamation or notification issued or made under this Act; or,
(ii) by inserting at the commencement of para graph (i) of the same section the following words; “ moves any stock across a quaran tine line otherwise than in accordance with the conditions specified in the notification declaring the quarantine line or into a pro tected area otherwise than in accordance with the prescribed conditions or” ;
| Sec. 21. | (d) by inserting in section twenty-one after the |
| (Service of | word “ residence” wherever occurring the words |
| notices.) | “ or business” ; |
| Sec. 22. | (e) by inserting at the end of section twenty-two the (2) In any prosecution for an offence against this Act or any regulation made thereunder, the averment of the prosecutor that the defendant was not at the time of the commission of the alleged offence the holder of a license, permit, certificate or authority issued under this Act or any regulation made thereunder shall be deemed to be proved in the absence of proof to the contrary. |
| (Evidence.) | following noAV subsection |
| Scc. 23. | (f) (i) by inserting in paragraph (c) of subsection one of section twenty-three after the word “ branding” wherever occurring the words “ marking or earmarking” ; |
| (Kegula- | |
| tions.) |
(ii)
| stock Diseases (Amendment) Act. | 329 |
| (ii) by omitting from paragraph (j) of the same subsection the words “ the removal of any hide, skin, hair or wool of any stock” and by inserting in lieu thereof the words “ the movement of any carcass” ; | • |
(iii) by inserting in paragraph (m) of the same subsection after the words “ quarantine area” wherever occurring the words “ or protected area” ;
(iv) by inserting in paragraph (o) of the same subsection after the word “ stock” where firstly occurring the words “ or carcass” ;
(v) by inserting in paragraph (p) of the same
subsection after the words “ quarantine
area” the words “ or of a protected area” ;
(vi) by inserting after the same subsection the following new subsection:—
( 1 a ) a regulation may authorise any matter or thing to be from time to time determined, apijlied or regulated by the Minister or by an inspector, either generally or in an}̂ particular case or class of cases.
SCHEDULE.
| Ko. of Act. | Title, | Extent of Repeal. |
| Ho. 27 of 1901 Stock Act, 1901 | ... | ... Sections one liuiidred and forty-three to one hundred and sixty both inclu sive ; also the Eighth Schedule. |
| PRICKLY-PEAR |
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