Swine Compensation (Swine Branding) Amendment Act 1981 (NSW)

SWINE COMPENSATION (SWINE BRANDING)

AMENDMENT ACT, 1981, No. 11

ANNO TRICESIMO

ELIZABETHiE II REGINA

Act No. 11, 1981.

An Act to amend the Swine Compensation Aet, 1928, so as to impose certain restrictions on the payment of compensation from the Swine Compensation Fund, to permit certain other payments from that Fund and for other purposes; and to validate certain matters. [Assented to, 22nd April, 1981.]

2  Act No. 11, 1981.

Swine Compensation {Swine Branding) Amendment.

BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—^

Short title.

1.          This Act may be cited as the “Swine Compensation (Swine

Branding) Amendment Act, 1981”.

Commencement.

2. (1) Except as provided in subsection (2), this Act shall

commence on the date of assent to this Act.

(2) Section 5, in its application to Schedule 1 (1), and

Schedule 1 (1) shall commence on the day appointed and notified under section 2 (4) of the Stock Diseases (Swine Branding) Amendment Act, 1981.

Principal Act.

3. The Swine Compensation Act, 1928, is referred to in this

Act as the Principal Act.

Schedules.

4. This Act contains the following Schedules ;—

SCHEDULE 1.— A mendments to the Principal Act

Relating to the Swine Compensation Fund.

SCHEDULE 2.—A mendments to the Principal Act

BY WAY OF Statute Law Revision.

Amendment of Act No. 36, 1928.

5.          The Principal Act is amended in the manner set forth in

Schedules 1 and 2.

A ct No. 11, 1981. 3

Swine Compensation {Swine Branding) Amendment.

Validation of certain payments.

6 .          Any payment made, on or after 27th February, 1980, and

before the date of assent to this Act, from the Swine Compensa­

tion Fund established under the Principal Act, being a payment—-

(a) that could have been lawfully made under the Principal Act, as amended by this Act, if this Act, other than Schedule 1 (1 ) , had been in force when the payment was made; and

(b) that could not otherwise have been lawfully made,

is hereby validated.

SCHEDULE 1.

(Sec. 5.)

A mendments to the Principal Act Relating to the

Swine Compensation Fund.

(1) (a) Section 8 (1 )—

Omit “prescribed.”, insert instead :—•

prescribed and in a form—-

(a)	in or to the effect of the prescribed form; and
(b)	containing the particulars required to be inserted in the prescribed form by the regu­ lations.

(b) Section 8 (4) (e) (ii)—

Omit “disease.”, insert instead “disease; or”.

(c) Section 8 (4) (f) —

After section 8 (4) (e), insert :—

(f) in respect of—

(i)    a pig which is destroyed because the pig is suffering from or suspected to be suffering from disease; or

Act No. 11, 1981.

Swine Compensation (Swine Branding) Amendment.

SCHEDULE 1—continued.

A mendments to the Principal Act Relating to the

Swine Compensation Fund— continued.

(ii)   the carcass of a pig or any portion thereof which is condemned because of disease,

unless the pig or carcass, as the case may be, is, when it is so destroyed or condemned, identified in the prescribed manner.

(2) (a) Section 12 (3) (c)—

Omit “and”.

(b) Section 12 (3) (d )—

Omit “production.’	insert instead “production;
and”.

(c)

Section 12 (3) (e)—

After section 12 (3) (d), insert :—

(e) any expenditure approved by the Minister relating to the reimbursement of pastures protection boards for—

(i)   administrative costs incurred by those boards, on or after 27th February, 1980, in connection with the allotment or cancellation, under the Swine Branding Act, 1940, of brands, the allotment, under the Stock Diseases Act, 1923, of particulars of identifica­ tion to be used for identifying pigs or the cancellation, under that Act, of certificates of registration specifying any such particulars; and

Act No. 11, 1981.

Swine Compensation {Swine Branding) Amendment.

SCHEDULE 1—continued.

Amendments to the Principal Act Relating to the

Swine Compensation Fund—continued.

(ii)   amounts paid, on or after 27th Febru­ ary, 1980, to the proprietors of brands registered under the Swine Branding Act, 1940, for the surrender to those boards of branding irons designed to impress brands so registered.

SCHEDULE 2.

(Sec. 5.)

Amendments to the Principal Act by way of

Statute Law Revision.

(1) (a) Section 3, definition of “Abattoir”—

Omit “Authority Act, 1970”, insert instead “Act,

1978”.

(b) Section 3, definition of “Chief of the Division of Animal Health”—

Omit the definition of “Chief of the Division of Animal

Industry”, insert instead :—

“Chief of the Division of Animal Health” means the person for the time being holding office or acting as the Chief, Division of Animal Health, Department of Agriculture;

(2) Section 5 (2 )—

Omit “paragraph (c) of subsection (1 )’	insert instead
“subsection (1) (c)”.

Act No. 11, 1981.

Swine Compensation (Swine Branding) Amendment.

SCHEDULE 2—continued.

Amendments to the Principal Act by way of

Statute Law Revision—continued.

(3) (a) Section 8 (3 )—

Omit “sixty”, insert instead “60”.

(b) Section 8 (4), (5 )—

Omit “Industry” wherever occurring, insert instead

“Health”.

(c) Section 8 (4) (d )—

Omit “one”, insert instead “1”.

(d) Section 8 (5 )—

Omit “two”, insert instead “2”.

(4) (a) Section 11—

Omit “fifty dollars”, insert instead “$50”.

(b) Section 11—

Omit “five hundred dollars”, insert instead “$500”.

(5) (a) Section 12 (3) (c) —

Omit “subsection (2) of section 7”, insert instead

“section 7 (2 )”.

(b) Section 12 (3 )—

Omit “the first day of July” wherever occurring, insert instead “1st July”.

(c) Section 12 (3) —

Omit “one thousand nine hundred and sixty-eight”, insert instead “1968”.

A ct No. 11, 1981. 7

Swine Compensation {Swine Branding) Amendment.

SCHEDULE 2—continued.

A mendments to the Principal Act by way of

Statute Law continued.

(d) Section 12 (3 )—

Omit “five per centum”, insert instead “5 per cent”.

(e) Section 12 (3 )—

Omit “twelve”, insert instead “12”.

(f) Section 12 (3 )—

Omit “two thousand dollars”, insert instead “$2,000”.

(g) Section 12 (3a)—

Omit “paragraph (d) of subsection (3 )”, insert instead “subsection (3) (d )”.

(6) Section 16—

Omit “one hundred and fifty dollars”, insert instead “$150”.

(7) Section 17 (1 )—

Omit “five hundred dollars”, insert instead “$500”.

(8) Section 1 8 (1 ) (c)—

Omit “one hundred and fifty dollars”, insert instead “$150”.