Stock Diseases (Tick) Act 1901 (1902 No 11) (NSW)
Act No. 11, 1902.
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| An Act to make provision for the prevention and | Stock |
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| cure of certain diseases in stock; and to | — | 2 > |
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| amend the Diseases in Slieep Act of 18GG ; the | m |
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| Diseases in Slieep Acts Amendment Act of | 2H | rn | O |
| 1878 ; and tlic Diseases in Shee]) Acts Amend | cc | □ | |
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| m ent Act of 1882. | Jannanj, 1902.] | 2 |
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| T 3 E it enacted l)v the King’s Most Excellent Majesty, by and Avith | -■0 |
| _J3 the advice and consent of the Legislative Council and Legislative Assembly of New South ’Wales in Parliament assembled, and by tlic | m u |
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| authority of the same, as follows :— | 2 |
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| PreVuninarij. | Q | _ O |
1. This Act shall commence and take effect on the first day short tide,
| of Lebruary, one thousand nine hundred and two, and may be cited as | > C |
| the “ Stock Diseases (Tick) Act, 1901.” | 2. | 2 |
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696 Act No. 11, 1902.
Stock Diseases {Tick).
| Defioitions. | 2. In tliis Act, unless the context indicates another meaning— “ Cattle ” means bulls, cows, oxen, heifers, steers, or calves. “ Diseased,” as applied to stock, means that the stock have Texas |
or tick fever, or have cattle ticks on them.
“ Horse ” means horse, mare, "elding, colt or filly.
“ Infected,” as applied to stock, means that the stock arc diseased,
or aî e in a flock or herd in which arc diseased stock, or have been kept, pastured, or travelled upon any land upon Avhich diseased stock have been kept, pastured, or travelled Avithin the next preceding three months.
“ Inspector” means inspector appointed in pursuance of the Diseases in Sheep Act of 18C6, and includes any inspector as defined by the Imported Stock Act of 1871.
| “ Large stock” means horses, cattle, asses, mules, or camels. | ’ |
| “ Prescribed ” means prescribed by this Act or the regulations. “ Sheep” means rams, eAves, Avethers, or lambs. “ Stock” means horses, cattle, asses, mules, camels, sheep, SAvine, or |
goats, or any animals to wliich the GoAxwnor, by proclamation
in the Gazette, may apply the provisions of this Act.
“ Travelling stock” means stock taken, driven, or carried along any road or on any land other than that on Avhich they are ordinarily kept or pastured.
Act may be extended
| 80 as to apply to | 3. The Governor, by proclamation published in the Gazette, may declare that any disease tlierein mentioned, not being scab in shecj), shall be a disease to Avhicli the provisions of this Act mentioned or set out in the proclamation shall, on the day named therein, apply. And thereupon, on the said day, the said proA'isions shall apply to such disease, and for that purpose the meaning of the Avord “ diseased ” shall he extended so as to apply to stock liaA'ing any such disease. |
| other diseases. |
Diseased and infected stock.
Notice that stock
| arc diseased. | 4. (1) Where stock are diseased, Awitten notice thereof shall he given to the nearest inspector and the nearest memher of the police force, and the diseased stock shall, so far as practicable, he drafted out and kept separate from stock Avhich are not diseased. |
| (2) Where the diseased stock are kept or pastured on any land, the notice shall be giA'en by the occupier of the land or his manager, agent, or superintendent; and Avhere such stock are travelling, the notice shall be given by the person in charge of them. |
| (3) | If such occu])ier or his manager, agent, or superintendent |
fails to gAe such notice Avithin forty-eight hours after he knew that the stock Avore diseased, or if the person in charge of travelling stock fails to give such notice Avithin twenty-four hours after he kneAV that the stock Averc diseased, or if such occupier or his manager, agent, or superintendent or such person in charge fails Avithin a reasonable time
to
| Act No. 11, 1902. | 697 |
Slock Diseases {Tick).
to separate, so far as practicable, the diseased stock from tlie stock which are not diseased, he shall he liable to a penalty not exceeding fifty pounds.
5. Wlierc, in the opinion of an inspector, any stock are infected. Disinfection of
| lir> m o T ___ | infected stock, liitles, |
| " | , | 1 | . | , | Tehicles. |
| (a) | order the owner or any person having control or in charge of such stock to cause the stock to he disinfected, dressed, dijiped, tested, vaccinated, inoculated, or otherwise treated (subject to the Animals Infectious Diseases Act of 1888) as prescribed; and |
| (h) | order the oivner or any person in possession of any hides, skin, hair, or wool of such stock, or any articles or things used in connection with such stock to cause the same to he disinfected or otherwise treated as prescribed ; and |
| (c) | order the owner or any person in possession of any vehicle or vessel which has been used for conveying any such stock, hides, skins, hair, wool, articles or things, to cause such vehicle or vessel to he disinfected as prescribed. |
6 . (1) Where, in the o}>inion of an inspector, any stock arc Quarantine of
infected, he may order the owner or person having control or in charge of sucli stock to remove them, together with any fodder, fittings, and tilings used in connection ivitli such stock, from the place where they are to any other locality, and may, with the approval of the Minister, by notification in the Gazette and in two newspapers circulating in the locality where such stock then are, place the stock in qiiarantini', and declare any land where the stock are or recently have been kept or pastured to he a quarantine area.
(2) The Minister may, by notification in the Gazette and Minister muy notify
in two newspapers circulating in the locality of the land, declare any quarantine area,
land to he a quartmtine art'a.
(3) Any notification placing stock in quarantine or declaring Duration of order
land to he a quarantine area shall have effect for the period therein named: Provided that the Minister may by notification as aforesaid suspend for any period, or cancel, or extend for any period any such notification.
7. The Minister may order the destruction, as prescribed, of Destruction of
infected stock, or the carcase or part of a carcase, or any hide, skin, hair, or \rool of such stock, or any articles or things used in connection with such stock, or any manure or fodder, ivhencver, in his opinion, such destruction would tend to prevent the spread of disease or the cause of disease.
Poivers o f inspectors.
| 8. (1) An inspector may at any time,— | Powers of inspectorB. |
| (:i) with or Muthout assistants, enter any land, huilding, vehicle or vessel for the purpose of examining stock; | (b) |
698 Act No. 11, 1902.
Stock Diseases {Tick),
| (b) | take possession of infected stock, or stock ivliicli lie suspects to be infected, or in respect of wliicb, in bis opinion, an offence against this Act or tlie regulations bas been com mitted, and order any person to produce any documents or papers in his possession or under bis control, or to truly answer any questions put to him relating to such stock; |
| (c) | order the owner or any person in charge of stock to muster them for the purpose of examination; |
| (d) | detain travelling stock or order them to be detained for the purpose of examination or until the provisions of this Act and the regulations arc complied with to his satisfaction ; |
| (e) | order the owner or person in charge of travelling stock which are infected or which he suspects to be infected to forthwith take them back to any place from which they have been or are being removed : Provided that he shall not ordi'r such stock to be taken a distance exceeding forty miles. |
'Regulations.
| Regulations may be | 9. | (1) The Governor may by regulations made by him at any |
| made. | time after the passing of this Act— |
| (a) | regulate the movement and management of stock placi'd in quarantine ; or of infected stock ordered to be removed ; |
| (b) | regulate or prohibit the movement of stock and persons into, Avithin, and out of, and the taking of things into and out of a quarantine area, and ri'giilatc the management of such areas ; |
| (c) | prescribe and regulate, the branding, in addition to any branding proAuded for in any Act dealing Avitli the branding of stock, of any infected stock or stock which an inspector suspects to be infected; |
| (d) | regulate the manner of disinfection, dressing, dipping and other treatment in pursuance of this A ct; |
| (e) | prescribe and regulate the testing, vaccination, and inoculation of stock in jmrsuance of this A c t; |
| (f) | regulate the destruction of stock, carcases, and things in pursuance of this A ct; |
| (g) | regulate or prohibit the holding of shows or public sales of stock; |
| (b) | regulate or prohibit tin; sending or carriage of cattle ticks, eggs of cattle ticks, skins or hides of diseased stock, virus or contagium of disease or any thing that may cause or tend to cause the spread of disease ; |
(i) prescribe and regulate the forms of orders and notices under this Act and the regulations;
(j)
| Act No. 11, 1902. | 699 |
stock Diseases {Tick).
| (j) | prescribe the duties of inspectors in carrying out this Act and the regulations ; and |
(k) make other provisions for carrying this Act into eficct;
And may, in those regulations, impose any penalty not exceeding fifty pounds for any breach of the same.
(2) Such regulations shall l)c published in the Gazette, and I’libUcation of
shall (subject as liereinaftcr mentioned) he of the same elh'ct as
they were contained in this Act, and shall he laid before both Houses
of Parliament, if Parliament is in session, within ff)urtccn days after
such publication, or if Parliament is not in session then within fourteen
days after the beginning of the next session.
| If either House of Parliament rvithin the next forty davs after any such regulations have been laid before that House resolve that the regulations or any of them, or any proA'isions therein contained, ought to he annulled, tlic same shall, after the date of such resolution, he of no cfTect. | «/ |
Enforcement o f orders and regulations.
10. I f any person directed by an order under this Act to do or Work ordeicdto be
cause to he done any Avork, on being seiwcd Avitli a copy of such order,
I'cruses or neglects to olx'v such ordi'r, an inspector may carry out such Avork, and rccoA'cr from the said person in any Court of competent jurisdiction the expenses thereby incurred. Any such expenses so incurred in the treatment of stock shall he and rinnain a charge upon such stock, notAi ithstanding any change that may lake place in the OAvnership of them.
11. Where any stock have hecn moved contrary to any order Seizure of siocd-.
or regulation under this Act such stock may he seized by an inspector or officer of police, and on the comdetion under this Act of any person so contravening the order or regulation may, in the discretion of the Minister, he sold or destroyed. The proceeds of CA'cry such sale shall, after deducting expenses, he disposed of as the Minister may direct.
Offences.
| 12. Every person Avho— | OlTences. |
| (a) | Avilfully or negligently abandons or alloAVS to stray from his |
charge any stock Avhich he knoAvs to he infected; or
| (h) | leaves, or causes or permits to he left, the carcase of any stock on any |)uhlic road, or Avithin half a mile of such road, |
or in any creek or Avater-hole; or
| (c) | sells or offers for sale, or purchases or receives on purchase, any stock Avhieh he knoAvs to he infected ; or |
| (d) | Avilfully communicates or attempts to communicate to stock |
any disease othenvise than by bona fide testing, vaccination,
|
700 Act No. 11, 1902.
stock Diseases [Tick).
| (e) | breaks down or damages any fence used for confining stock in a quarantine area; or |
(f) refuses or neglects to carry out any order in pursuance of this Aet, a copy of wliich has been duly served on him; or
| (g) | obstructs an inspector in the execution of the powers conferred upon him by this A ct; or |
(h) contravenes any enactment of this A ct;
shall, unless some different pecuniary penalty is provided by this Act,
be liable to a penalty not exceeding one hundred pounds.
Supplemental.
| Proof of knowledge | 13. Eoi’ the purposc of pi'oving in any prosecution or proceeding |
| dis'cuLd! | under this Act or the regulations that any person knew that stock Averc infected or diseased— |
| (a) | the fact that stock kejit or pastured on any land have boon diseased for a period of one month shall be evidence that at the expiration of such period the occupier of the land or his manager, agent, or superintendent knew that such stock "were diseased; and |
| (b) | the fact that travelling stock have been diseased for a period of seven days shall be evidence that, at the expiration of that period, the person in charge of such stock knew that they were diseased; and |
| (c) | the fact that stock have been diseased for a period of one month shall be evidence that at the expiration of such period the person Avho during such period Avas the oAvner or the person Avho during such period Avas in control or charge |
of the stock, kneAv that they Avere diseased.
| Service of orders | 14. A copy of an order made under this Act may be served on any person by leaving it at his usual or last knoAvn place of residence, or may be served personally or by post by registered letter, and a notice under this Act may be served personally or by post. |
| and notices. |
| Eecorory of | 16. Any information for a breach of this Act or the regulations |
| penalties. | shall be heard and determined in a summary AA'ay by a court of petty sessions. |
An appeal shall lie from any conviction for any such breach.
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