Timber Marketing (Amendment) Act 1952 (NSW)

TIMBER MARKETING (AMENDMENT) ACT.

Act No. 58, 1952.

An Act to make further provision for the control EUzabeih ii»

of the sale and use of certain timbers; for this purpose to amend the Timber Marketing Act, 1945; and for purposes connected there­

with. [Assented to, 4th December, 1952.]

T3 E it enacted by the Queen’s Most Excellent Majesty, J j by and with the advice and consent of the Legis­ lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows

1. (1) This Act may be cited as the “ Timber Market- s i io r t tiu *

ing (Amendment) Act, 1952.”	cUation.
(2) The Timber Marketing Act, 1945, as amended by this Act, may bo cited as the Timber Marketing Act, 1945-1952.

2 . The Timber Marketing Act, 1945, is amended-	Amendmenle
of Act No.
7, 1946.

(a)	(i)	by omitting from section four the words “for
sale” wherever occurring; tî nfoiT

__ use of

(ii)

by omitting from paragraph (a) of the same timber.) in lieu thereof the word “ would” ;

(iii)   by inserting in the same paragraph before the word “ sapwood” the words “ lyctus susceptible” ;

(iv)  by inserting in paragraph (b) of the same section before the word “ sapwood” where secondly occurring the words “ lyctus sus­ ceptible” ;

416                    Timber Marketing (Amendment) Act.

Mo. 58, 1952.	(v)	by inserting at the end of the same section the following now subsection:—
(2) This section shall not apply to the use of any timber, the use of which but for the provisions of this subsection would con­ stitute an offence against subsection one of this section, where—

(a)	such use has been agreed to in writing by the person, to whom the article manufactured from such timber is to be sold or supplied, or for whom such building is being
erected; or '
(b)	the article manufactured from such timber is for the use of the person manufacturing the same; or
(c)	the building in which such timber has been used is to be occupied by the T)erson erecting the same.

See. 5. (b) (i) by omitting from section five the word

(Statement	“ will” and by inserting in lieu thereof the
as to
untreated	word “ would” :
lyctus

susceptible (ii) by omitting from the same section the

sapwood.)	words—
“ Provided that this section shall not apply to any article manufactured or build­ ing erected—

(a)	before tb.e commencement of this Act, or
(b)	after the commencement of this Act if a period of eighteen months has elapsed since the manufacture of such article or the erection of such building, as the case may be.

Where the date of manufacture of any

such article is not known, such date shall be

the date on which such article came into the

possession

Timber Marketing (Amendment) Act. 417

possession of the lirst known person having	58 l95a»
or having had the custodj ̂ of such article” and by inserting in lieu thereof the words—

“ In this section ‘untreated’ means not

treated with an approved preserva­

tive treatment” .

■̂ c) by inserting next after section eiglit the follow- New

ing new section

8a. In any proceedings against any person for

an offence against this Act or the regulations thereunder a document jiurporting to be a certi­ ficate under the hand of—

(a) the Secretary to the Forestry Commis­ sion of New South Wales, or the person for the time being acting as such, that—

(i)   a brand used for branding timber was or was not on any date or during any period specified in the certificate reg­ istered under this Act; or

(ii)   a preservative treatment of timber was or was not on any date or dui’ing any period specified in the certificate an approved preservative treat­ ment; or

(b) the Director of the Standards Associa­ tion of Australia, or the person for the time being acting as such, that in respect of a certain species of timber a certain specifu‘ation as to moisture content was, or no such specification had been, issued by the Standards Association of Australia and was or was not, as the case may be, in force at a certain time, ■

shall be prima facie evidence of the facts stated

in such certificate.

418                    Governmment Railways (Amendment) Act.

Mo. 58, 1S52.	(d)	by omitting subsection two of section nine and
Sec. 9.	by inserting in lieu thereof the following subsec­
(Becovery	tion :—
of penal­
ties, etc.)	(2) Any such proceedings for an offence against section three, four, five or eight of this- Act or any regulations under such sections may be instituted within eighteen months from the time when the offence has been committed.

Sec. 10. (e) (i) by omitting from subsection two of section.

(Begnla-	ten	the	words	“ not	indigenous	to
tions.)

'‘/A. Australia” ;

(ii)   by inserting in the same subsection after the word “ lyctus” the words “ or by deleting therefrom any species of timber.”