Stock Routes and Rural Lands Protection Acts Amendment Act of 1967 (Qld)

173 (QumxzlAn3 ANNO SEXTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 28 of 1967 An Act to Amend "The Stock Routes and Rural Lands Protection Acts, 1944 to 1965," in certain particulars [ASSENTED TO 3RD NOVEMBER, 1967] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1) Short title. This Act may be cited as " The Stock Routes and Rural Lands Protection Acts Amendment Act of 1967." (2) Principal Act. " The Stock Routes and Rural Lands Protection Acts, 1944 to 1965,7' are in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Stock Routes and Rural Lands Protection Acts, 1944 to 1967." 2. Repeal of and new s. 3. The Principal Act is amended by repealing section three and inserting in its stead the following section:- [3.] This Act not to apply to rabbits . This Act shall not apply in respect of rabbits or their destruction and rabbits shall not be or be declared to be vermin under this Act."

174 Stock Routes and Rural Lands , Etc., Acts Amdt Act of 1967, No. 28 3. Amendments to s. 5. Section five of the Principal Act is amended by, in subsection (I)- (a) omitting from the definition " Land Acts " the words and numerals " The Land Acts, 1910 to 1943," and inserting in their stead the words and numerals " The Land Acts, 1962 to 1967 "; (h) omitting the definition " Minister " and inserting in its stead the following definition:- . Minister "--The Minister for Lands or other Minister of the Crown for the time being charged with the administration of this Act: the term includes any person for the time being performing the functions of the Minister; "; (c) omitting from the definition " scalper or trapper " the words " and/or rabbits "; (d) omitting from the definition " vermin " the word " rabbit,". 4. Amendments to s. 10 . Section ten of the Principal Act is amended by- (a) inserting after the words " General Fund " where those words first appear the words " in accordance with the direction contained in such precept for payment "; (b) omitting the form of precept and inserting in its stead the following form:- "PRECEPT The Stock Routes and Rural Lands Protection Acts, 1944 to 1967 To the Council of the Shire of . These are to require you, the Council of the Shire of from and out of your General Fund to pay on or before the day of , 19 , into the hands of the Minister for Lands for payment into the Stock Routes and Pests Destruction Fund the sum of dollars being the amount of the revenue to be raised in your Area. Dated this day of , 19 Minister for Lands." 5. Amendments to s. 18. Section eighteen of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection:- "(1) All stock found depasturing on any part of a stock route or of a reserve for travelling stock may, subject to the provisions of this subsection, .be seized and taken possession of by the Local Authority having jurisdiction in the Area in which such part is situated or by the Superintendent or any inspector or any officer of the Department of Lands. This subsection does not apply in respect of- (a) bona fide travelling stock authorized to he on the part of the stock route or reserve for travelling stock in question by the Local Authority having jurisdiction in the Area in which such part is situated; (b) stock on any part of a stock route or of a reserve for travelling stock which is situated within a holding or which abuts upon the boundary of a holding and, in either case, is not fenced off from such holding or otherwise protected from the straying thereon by stock from such holding."; (b) in subsection (3), omitting the words " ten shillings " and inserting in their stead the words " two dollars

Stock Routes and Rural Lands, Etc., Acts Amdt Act of 1967, No. 28 175 6. Amendment to s. 19 . Section nineteen of the Principal Act is amended by omitting subsection (3) and inserting in its stead the following subsection:- " (3) The penalty for a breach of this section shall be not less than one hundred dollars and, subject thereto, shall not exceed an amount calculated at the rate of thirty cents per head of cattle and ten cents per head of sheep comprising the stock found depastured on the stock route paddock in question in excess of the capacity found by the court in question to be the fair stocking capacity of such paddock. Such a penalty may be recovered by such Local Authority- (a) by way of summary proceedings under " The Justices Acts, 1886 to 1965 "; or (b) by way of action in a court of competent jurisdiction as a debt due and payable and unpaid to such Local Authority by the owner of the holding. Where a Local Authority elects to recover such a penalty by way of action for debt it shall in such action claim an amount equal to the maximum penalty which could in the circumstances be fixed under this subsection were the fair stocking capacity of the stock route paddock in question that accepted by the Local Authority as such or the amount of one hundred dollars (whichever is the greater amount) but the court which determines such action may, if it finds for the plaintiff, order such amount to be paid to the plaintiff (being not less than one hundred dollars) as to the court appears just and to be prescribed by this subsection." 7. Amendments to s. 20 . Section twenty of the Principal Act is amended by- (a) omitting the words and brackets " rabbits (except in the Rabbit Districts of Moreton, Darling Downs and Leichhardt) "; (b) omitting the word " rabbits " where it thrice appears. 8. Amendments to s. 23 . Section twenty-three of the Principal Act is amended by omitting the word " rabbits " where it twice appears. 9. Amendments to s. 23A. Section 23A of the Principal Act is amended by- (a) in subsection (1), omitting the words " and/or rabbits "; (b) in subsection (2)- (i) omitting the words " ten pounds " and inserting in their stead the words " thirty dollars "; (ii) omitting the words " one hundred pounds " and inserting in their stead the words " three hundred dollars ". 10. Amendments to s. 23B . Section 23B of the Principal Act is amended by, in subsection (6)- (a) omitting the words " ten pounds " and inserting in their stead the words " thirty dollars "; (b) omitting the words " one hundred pounds " and inserting in their stead the words " three hundred dollars ".

176 Stock Routes and Rural Lands, Etc., Acts Aindt Act of 1967. No. 28 11. Amendments to s. 23C. Section 23c of the Principal Act is amended by- (a) in subsection (1), omitting the word " rabbits,"; (b) in subsection (2), omitting the word " rabbits," where it twice appears. 12. Amendment to s. 23D. Section 23D of the Principal Act is amended by, in subsection (5), omitting the words " one hundred pounds " and inserting in their stead the words " three hundred dollars ". 13. Amendment to s. 25 . Section twenty-five of the Principal Act is amended by omitting the words " one hundred pounds " and inserting in their stead the words " three hundred dollars ". 14. Amendment to s. 26 . Section twenty-six of the Principal Act is amended by omitting the word " rabbits ". 15. Amendments to s. 27. Section twenty-seven of the Principal Act is amended by- (a) in subsection (1), omitting the word " rabbits (b) in subsection (3), omitting the words " twenty pounds " and inserting in their stead the words " fifty dollars "; (c) omitting subsection (4). 16. Amendments to s. 28 . Section twenty-eight of the Principal Act is amended by, in subsection (3)- (a) omitting the words " fifty pounds " and inserting in their stead the words " two hundred dollars "; (b) omitting the words " ten pounds " and inserting in their stead the words " thirty dollars "; (c) omitting the words " one hundred pounds " and inserting in their stead the words " three hundred dollars "; (d) omitting the words " twenty pounds " and inserting in their stead the words " sixty dollars ". 17. Amendments to s. 29 . Section twenty-nine of the Principal Act is amended by- (a) in subsection (1). omitting the word " rabbits," where it twice appears; (h) in subsection (2), omitting the word " rabbits,"; (c) in subsection (4)- (i) omitting the word " rabbits," where it twice appears; (ii) omitting the words " ten pounds " and inserting in their stead the words " thirty dollars ". (d) in subsection (5), omitting the word " rabbits,"; (e) in subsection (6), omitting the words " ten pounds " and inserting in their stead the words " thirty dollars ". 18. Amendments to s. 30. Section thirty of the Principal Act is amended by- (a) in the first paragraph, omitting the word " rabbits," where it thrice appears;

Stock Routes and Rural Lands, Etc., Acts Arndt Act of 1967, No. 28 177 (b) omitting the words " fifty pounds " and inserting in their stead the words " two hundred dollars "; (c) in the last paragraph, omitting the word " rabbits ". 19. Amendment to s. 31 . Section thirty-one of the Principal Act is amended by omitting the words " five pounds " and inserting in their stead the words " twenty dollars ". 20. Amendments to s. 32 . Section thirty-two of the Principal Act is amended by, in subsection (1)- (a) omitting provision (ii); (b) renumbering provision (iii) as provision (ii). 21. Amendment to s. 34. Section thirty-four of the Principal Act is amended by omitting the word " rabbits ". 22. Amendments to s. 37. Section thirty-seven of the Principal Act is amended by- (a) in subsection (2), omitting the word " rabbits "; (h) in subsection (3), omitting the word " rabbits "; (c) in subsection (4), omitting the words " one hundred pounds and inserting in their stead the words " three hundred dollars ". 23. Amendments to s. 38 . Section thirty-eight of the Principal Act is amended by- (a) omitting the words " or rabbits "; (b) omitting the word " rabbits " where it secondly appears; (c) omitting the word " pounds " and inserting in its stead the word " dollars ". 24. Amendment to s. 39. Section thirty-nine of the Principal Act is amended by, in subsection (1), omitting from paragraph (c) the words " dingoes, marsupials, or rabbits " and inserting in their stead the words " dingoes or marsupials ". 25. Amendments to s. 40. Section forty of the Principal Act is amended by- (a) in subsection (1), omitting the words " two hundred pounds " and inserting in their stead the words " five hundred dollars "; (b) in subsection (2), omitting the words " two hundred pounds " and inserting in their stead the words " five hundred dollars ". 26. Amendments to s. 41 . Section forty-one of the Principal Act is amended by- (a) in subsection (1)- (i) omitting provision (ii); (ii) renumbering provision (iii) as provision (ii); (b) in subsection (9), omitting the words and numerals " section 171A of the Land Acts " and inserting in their stead the words and numerals Division XIII of Part X of the Land Acts "; (c) in subsection (11), omitting from paragraph (c) the words " two hundred pounds " and inserting in their stead the words " five hundred dollars ".

178 Stock Routes and Rural Lands, Etc., Acts Amdt Act of 1967, No. 28 27. Amendments to s. 42. Section forty-two of the Principal Act is amended by- (a) in subsection (2), omitting from provision (vi) the words " thirty thousand pounds " and inserting in their stead the words " sixty thousand dollars "; (b) in subsection (3)- (i) omitting provision (iii); (ii) renumbering provisions (iv), (v) and (va) as provisions (iii), (iv) and (v) respectively; (iii) omitting from provision (viii) the word " Public "; (iv) omitting from provision (ix) the words " Rabbit Boards,". 28. Amendments to s. 44 . Section forty-four of the Principal Act is amended by- (a) in the first paragraph, omitting the word " rabbits,"; (b) in the second paragraph, omitting the brackets and words "(including dingoes or rabbits or both dingoes and rabbits)"; (c) in the last paragraph, omitting the words " or rabbits or both dingoes and rabbits as the case may be ". 29. Repeal of s. 48. The Principal Act is amended by repealing section forty-eight. 30. Repeal of s. 50 . The Principal Act is amended by repealing section fifty. 31. Amendment to s. 52. Section fifty-two of the Principal Act is amended by omitting the words " fifty pounds " and inserting in their stead the words " two hundred dollars ". 32. Amendment to s. 54. Section fifty-four of the Principal Act is amended by, in subsection (2), omitting the words " ten pounds " and inserting in their stead the words " thirty dollars ". 33. Repeal of and new s. 58. The Principal Act is amended by .repealing section fifty-eight and inserting in its stead the following section:- [5588..11 (1) Modes of service . Any writing required or permitted by this Act to be served upon or given to any person or which is to be given to any person in respect of anything done or to be done or omitted to be done under this Act shall be deemed to be properly served or given by- (a) delivering the same to him in person; or (b) leaving the same at his address for service; or (c) sending the same by prepaid post letter addressed to him at his address for service; or (d) where he is absent from Queensland, delivering the same to his ,agent in Queensland or sending the same by prepaid post letter addressed to his agent in Queensland at such agent's address for service; or (e) where the writing is a summons, sending the same by registered post addressed to him at his address for service. Where a summons is served as prescribed by provision (e) of the preceding paragraph the receipt given on behalf of the Postmaster- General for the registered letter in question shall, upon its production

Stock Routes and Rural Lands, Etc., Acts Arndt Act of 1967, No. 28 179 in any proceeding, when accompanied by evidence of the contents of such letter, be evidence, and in the absence of evidence to the contrary conclusive evidence, of the proper service of such summons. (2) Service when name or address unknown . Where the name or address of the owner of a holding upon or to whom such a writing is to be served or given is not known to the person or authority on whose behalf the writing is to be served or given such writing shall be deemed to be properly served or given if- (a) it is directed to " the owner of-(specifying the holding in question)"; and (h) it is published at least once in a newspaper circulating within Queensland; and (c) where such name or address is not known to the person or authority aforesaid by reason of the fact that the registered proprietor or registered owner of the holding in question has, to the knowledge of such person or authority, died, a copy of such writing is given to the Public Curator. (3) Identity of defendant to action for debt unknown . Where a person who desires to bring action for a debt claimed to be due and payable under this Act by the owner of a holding does not know the identity of the proposed defendant he may institute such action against the defendant under the designation " the owner of-(specifying the holding in question) " and, upon his showing the court that he has not by the exercise of reasonable diligence been able to discover the identity of the defendant and that documents served in connection with such action have been served as prescribed by subsection (2) of this section, may maintain such action accordingly and the court may make any order against the defendant so designated which it may, by law or practice, make therein and such an order shall have effect and may, without prejudice to any other mode of enforcement provided by law, be enforced against any person who is the owner of the holding at the time such order is made as if he were named in such order. (4) Interpretation . (a) A provision of this section which prescribes a mode in which a writing may be served or given shall be construed to be in addition to and not in derogation of any other provision of this section, this Act, any other Act, or any rule of law or practice. (h) In this section the expression " address for service " means any of the following places, namely- (i) The usual place of abode or of business of the person upon or to whom it is sought to serve or give the writing in question; (ii) The place last known to the person or authority on whose behalf the writing in question is to be served or given as the place of abode or of business of the person upon or to whom it is sought to serve or give the writing in question; (iii) Where under law the person upon or to whom it is sought to serve or give the writing in question is required to have a registered office, the address so registered as his office." 34. Amendments to s. 59 . Section fifty-nine of the Principal Act is amended by, in subsection (2)- (a) omitting provision (iii); (b) renumbering provisions (iv), (v) and (vi) as provisions (iii), (iv) and (v) respectively; (c) omitting from the last paragraph the word " rabbits,".

180 Stock Routes and Rural Lands , Etc., Acts Amdt Act of 1967, No. 28 35. Amendments to s. 60. Section sixty of the Principal Act is amended by, in subsection (2), omitting the word " rabbits," where it thrice appears. 36. Amendments to s. 62 . Section sixty-two of the Principal Act is amended by- (a) omitting subsection (3A) and inserting in its stead the following subsection:- " (3A) A regulation shall take effect from the date of its publication in the Gazette unless a later date is specified in that regulation for its commencement when, in such event, it shall take effect from that later date. A regulation made prior to the passing of " The Stock Routes and Rural Lands Protection Acts Amendment Act of 1967 " shall be deemed to have taken effect in accordance with this subsection."; (b) in subsection (4), omitting the words " fifty pounds " and inserting in their stead the words " two hundred dollars ". 37. Amendment to s. 63. Section sixty-three of the Principal Act is amended by, in subsection (2), omitting the words " two shillings and six pence " and inserting in their stead the words " one dollar ".