The Phylloxera Act Amendment Act 1911 (SA)

GEORGII V REGIS.

A.D. 1911.

No. 1060.

An Act to amend " The Phylloxera Act, 1899," and for

other purposes.

[Assented to, December 2 3 ~ 4 1911.1

E i t Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of the Parliament thereof, as

1, (l) This Act may be cited alone as "The Phylloxera Act Shorttitlea.

Amendment Act, 19 11."

(2) 'L The Phylloxera Act, 1899 " (hereinafter called " the 724 lgg9-

principal Act ") and this Act may be cited together as L6'l'he

A-1060

Phylloxera Acts, 1899 and 191 1."

2, This Act is incorporated with the principal Act, and that Act Incorporation with

and this Act shall be read together as one Act. principal A C ~.

3, In the principal Act and in this Act- Interpretation.

" Fund " means the Phylloxera Fund:

Cf. Taxation Act,

"Owner" means owner in fee simple:	1884, 8. 15.
" Secretary " means Secretary of the Board.

4. Section 15 of the principal Act (providing for the compilation Amendment of 16

of the vignerons' roll) is amended by striking out all the words O' principal Act.	thereof after the word " returns " in the second line. Vlgnerona' roll.
the provisions of sections 6, 7, and 8 of this Act are enacted in lieu and 18. 5, Sectiom 16, 17, and 18 of the principal Act are repealed, and Repesl of ea. 16, 17,
thereof. 6, (l) Every Revision of roll.

2" GEORGII V, No. 1060.

The Phylloxwa Act Amendment Act.-l 91 l.

Returns to be

furnished. 6. (1) Every person who-

(a) At the time of the passing of this Act is the owner of a vineyard exceeding one acre in extent, as to which any return required by section 14 or section 18 of the principal Act has not been furnished before the passing of this Act, or

( b ) After the passing of this Act becomes the owner of a vineyard, whenever planted, exceeding one acre in extent, or

(c) Being the owner of any land, plants or causes the same to

be planted as a vineyard to an extent exceeding one

acre, after the passing of' this Act, or

(d) After the passing of this Act increases the area of any vineyard which before such increase exceeded one acre in extent, or which by such increase becomes more than one acre in extent, of which vineyard he is the owner,

shall furnish the Secretary with a return in the form of Schedule 11. to the principal Act, in which all the particulars indicated by the said form shall be correctly stated.

( 2 ) Any person required by subsection (1) hereof to furnish a return shall furnish the same within such time in this subsection mentioned as is applicable to his case, namely, in a case-

(a) Under subdivision (a), within four weeks after the passing

of this Act:

(6) Under subdivision ( h ), within three months after he becomes

the owner:

(c) Under subdivision ( c ), within three months after the com-

mencement of the planting:

(d) Under subdivision (d), within three months after the com-

mencement of the increase in area.

Notice of tranefer of 7, When any person ceases to be the owner of any vineyard ex-

vineyard. ceeding one acre in extent, he shall, within four weeks after he ceases to be such owner, furnish the Secretary with a return stating the name and address of the new owner, the area of the vineyard, and such particulars as to the situation thereof as are necessary in order to identify the vineyard.

ROU to be revised 8. (1) The Secretary shall, from time to time, revise the

from time to time. vignerons' roll from the returns furnished under the provisions of sections 6 and 7 hereof, and from reports furnished to him by inspectors: Provided that- -

( U ) No alteration in or addition to the roll affecting any owner

shall be made, except in accordance with a return

furnished by such owner, until-

I. Notice

2 O GEORGII V, No. 1060.

The Phylloxera Act Amendment Act.-191 1.

I. Notice in writing has been given to such owner

setting forth the proposed alteration or addition,

and

11. The Secretary has considered any notice of objection

in writing given to him by such owner within fourteen days after the giving of such notice; and

( b ) The Secretary may at any time revise the roll as to the par-

ticulars therein affecting any owner upon being satisfied

by such owner that such particulars are incorrect.

(2) The said roll, as the same is revised for the time being by the

Secretary, shall be the vignerons' roll for all purposes of the principal

Act and of this Act.

9, Rates hereafter declared under the principal Act shall be Alterationof dateof payment of rates.

paid on the first day of June, instead of the first day of May, in

' each year, and section 20 of the principal Act shall be read section 20 amended.

accordingly.

10, Section 25 of the principal Act (which deals with the in- Amendment ofmetion 25.

vestment of the fund) is amended by adding thereto the following

words: -" or if the fund or any pa.rt thereof or any of such interest Investment of the

fund.

is not so invested, then on the fund or such part or interest as the shall from time to time be paid to the credit of the fund."

case may be, interest at the rate for the time being paid by the

11. Section 3 1 of the principal Act (which deals with the de- Amendment of a. 31.

struction of unused or abandoned vineyards) is amended by adding , " e e ~ ~, " t ", ~ O ? ~ ~ y a r d d. .

thereto the following words :-

" a t the cost of the owner, by the Board or by any inspector or

other person authorised by the Board in that behalf in respect	of the particular vineyard. And the costs of and incidental
to the destruction thereof may be sued for and recovered by
the Secretary in his own name as a debt due to him as such Cf. principal Act,
Secretary. Any costs so recovered, less the costs of recovery,,
shall be paid to the Treasurer to the credit of the fund."

12, When and so long as the fund amounts to a sum not less Suspensionoflevy

the general power of reduction or suspension conferred bv section years.	than Five Thousand PoGnds, the Board may, without exercising $ $ ~ ~ ~ ~ ~ ~ B, ,
45 2 the plhcipal Act, at its own abs'olute discretion suspend, for
such term as i t deems expedient, the levy of the rate provided for by the principal Act in respect of any vineyard or any part of a vineyard, in respect of which vineyard or part all rates declared under that Act have, at the time of 'the suspension, been duly paid for a continuous p.eriod of not less than fifteen years.

13. (1) Every

4 2" GEORGII V, No. 1060.

The Phylloxera Act Amendment Act.--1911.

Owners of vineyards 13, (1) Every person who-

less than one acre to

notify the Secretary. (a) At the time of the passing of this Act, is the owner of any

see principal A C ~,	vineyard,	or
S. 46.

( 6 ) After the passing of this Act becomes the owner of a

vineyard, whenever planted, or

(c) Being the owner of any land, plants or causes the same to

be planted as a vineyard after the passing of this Act,

the vineyard in any such case being not more than one acre in extent, shall give to the Secretary a notice in writing, stating his name and address and such particulars as to the situation of the vineyard as are necessary in order to identify the vineyard.

(2) Any person required by subsection (1) hereof to give a notice

hall give the same within such time in this section mentioned as is

applicable to his case, namely, in a case-

(a) Under subdivision (a), within three months after the pas-

sing of this Act:

( b ) Under subdivision ( h ), within three months after he becomes

the owner:

(c) Under subdivision ( c ), within three months after the com-

mencement of the planting of the vineyard.

Penal t~forfa i lure te	14,	Anypersonwho-
fwnieh return or

notice.	(a ) Fails to furnish any return or to give any notice required by this Act, within the time prescribed in that behalf by this Act, or
( b ) Furnishes any return or gives any notice under this Act,

which, to his knowledge, contains any incorrect state-

ment,

shall be liable to a penalty not exceeding Twenty Pounds.

Secretary'sofice to

be advertieed. 15. (1) The Secretary shall have an office in, or within ten miles

of, the city of Adelaide.

(2) Notice of the address of the Secretary and of any change in

his address shall be published in the Gowr~nment Gawttc and in two

daily newspapers published iu the city of Adelaide.

Mode of delivering

return8 and notices. 16, (1) Any return or notice by the principal Act or this Act required to be furnished or given to the Secretary shall be deemed to be furnished or given when-

( a ) Delivered, at the last address published as required by

section 15 of this Act, to the Secretary or any person

employed by him, or

( b ) Sent by post and directed to the Secretary at such address.

' 2 GEORGII V, No. 1060.

The Phylloxera Act Amendment Act.-1911.

(2) Any notice to be given by the Secretary under the principal

Act or this Act shall be deemed to be given when-

(a) Delivered to the person to whom the same is to be given,

or

(h) Left a t the last known place of business or residence in the said State of such person, or sent by post and directed to such person at such place.

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

DAY H. BOSANQUET, Governor.

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Adelaide : By authority, R. E. E. Roosas, Government Printer, North Terrave.

B-1060