Timber Users' Protection Act of 1949 (13 Geo Vi No. 37) (Qld)

222 TIMBER. Timber Users' Protection Act. 13 GEO. VI. No. 37, TIMBER. 13 Gm). VI. An Act to Control the Sale and. Use of certain No. 37. THE TIMBER Timbers ; and. for• other purposes. Uszas' PROTECTION ACT OF 1949. [ASSENTED TO 20TH OCTOBER, 1949.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, • and by the authority of the same, as follows :— Short title. 1. (1.) This Act may be cited as "The Timber Users' Protection Act of 1949." Commence- ment of Act. *(2.) This Act shall, except as herein otherwise provided, come into operation upon a date to be fixed by the Governor in Council by Proclamation published in the Gazette. tIinotneropfreAtac-t. in Co 2 u . nTchili, s aAncdt,riengcululadtiinogn emveardyePhreorceluanmdaetiro, ns, hOalrldbeer read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any such Proclamation, Order in Council; or regulation would but for this section have been construed as being in excess of that power it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power. Meaning of • 3. In this Act, unlegs the context otherwise indicates terms. or requires, the following terms shall have the meanings respectively assigned to them, that is to say :— Approved preservative :treatment. "Approved preservative treatment "—Any method of preservative treatment with the object of protecting timber from attack by lyctus which method has been prescribed or approved by the Board; Article. "'Article "—Any article in the manufacture of any part of which 'timber of any species specified in the Schedule to this •Act has been or is used and on which attack by lyctus is likely to be detrimental to the use or service reasonably expected from the product of such manufacture; * Commenced on 3rd January, 1950 (8ee Proclamation published in Gazette of 24th December, 1949, page 2617).

1949. TIMBER. Timber Users' Protection Act. 223 "Board "—The Forestry Board constituted under Board. *" The State Forists and National Parks Acts, 1906 to 1948 " ; "Building "—Includes any structure whatsoever Building. for whatever purpose erected or used wherein attack by lyctus on any component part thereof is likely to be detrimental to the use or service reasonably expected from such structure, but does not include any structure intended to have a life of less than two years; "Buioldfitnhge ofoplelroawtiionng" o—peIrnactiloundse, stahnayt iosntoe soarym:— ore oBpueilrdaitniogn. (a) Erecting, altering, adding to, construct- ing, reconstructing, building, rebuilding, re-erecting, renovating, repairing, plastering, panelling, lining, and/or decorating any building (whether carried on on the site or elsewhere and whether above or below the • surface) ; and/or (b) Affixing to any building any fixtures or fittings; "Equilibrium moisture content "—The moisture Equilibrium content at which the timber does not tend to moisture • absorb moisture from, or lose moisture to, • the surrounding atmosphere; "Forest officer "—Any officer of the Sub- Forest Department of Forestry and any other person officer. at a time when such other person is authorised by the Board to perform the duties of a forest officer under and for the purposes of this Act; • " Lyetus "—A beetle of the Lyctus genus and Lyotus. any egg, larva, or pupa of that beetle; Lyctus susceptible timber "—Timber of any Lyotus of the species specified in the Schedule to rebeptible this Act and containing starch other than un er. any such timber which has been treated by an approved preservative treatment; * 8 E. 7 No. 20 and amending Acts.

224 TIMBER. Timber Users' Protection Act. 13 GEO. VI. No. 37, Minister. Person. Prescribed. Preservative treated. Registered brand. Regulations. Sell. This Act. Timber. Trade name. "Minister "—The Secretary for Public Lands or other Minister of the Crown for the time being charged with the administration of this Act; "Person "—Includes any body corporate; "Prescribed "—Prescribed by this Act; "Preservative treated "—Treated by chemical substance with the object of protecting the timber from attack by wood destroying insects, animals, or fungi, or of increasing its resistance to fire: and the term "preservative treatment" has a corresponding meaning; "Registered brand "—A brand approved and registered by the Board with respect to and for use in a plant used or intended to be used for the preservative treatment of timber by an approved preservative treatment; "Regulations "—Regulations made under the authority of this Act; " Sell " (with its derivatives)—Includes barter and also includes agree to sell, or offer, or expose for sale, or keep or have in possession for sale, or receive, send, forward, or deliver for or on sale, or authorising, causing, permitting, suffering, or attempting any of such acts or things; "This Act "—This Act and all Proclamations, Orders in Council, and regulations hereunder; "Timber "—Includes plywood and veneers; "Trade name "—In relation to timber of any particular species specified in the Schedule to this Act, means the trade name assigned thereto by that Schedule. Adminis- tration of this Act. Forest officers. 4. (1.) This Act shall be administered by the Minister. (2.) The Board may from time to time authorise in writing any person or persons to perform the duties of a forest officer under and for the purposes of this Act and may revoke any such authority at any time.

1949. TIMBER. Timber Users' Protection Act. 225 (3.) Unless otherwise expressly provided any officer of the Sub-Department of Forestry and any person authorised under subsection two of this section shall be entitled to exercise the powers conferred upon a forest officer by this Act. 5. The Governor in Council may from time to time Power to by Order in Council published in the Gazette amend the =djet Schedule to this Act by altering the description of OP this Act. deleting any of the species of timber therein specified or by adding thereto any other species of timber (whether indigenous to Australia or not) and, in that case, assigning to any species of timber so added a trade name, or by altering the trade name of any of the species of timber therein specified, and the said Schedule as so amended shall thereupon become for the time being the Schedule to this Act and shall have effect accordingly. Any such amendment shall not affect any liability or penalty incurred prior to such amendment in respect of any contravention of or failure to comply with any provision of this Act or any proceeding or remedy in relation to any such liability or penalty unless expressly so provided by the Order in Council-. 6. (1.) A person shall not— Restrictions (a) Sell any timber• of any species specified in on sale of- the Schedule to this Act unless such timber ? . ? ,,,Leuris, is sold under the trade name assigned to that species by the said Schedule; or (b) Make in connection with the sale of any timber of any species specified in the Schedule to this Act any verbal or written statement or representation implying, or that may be construed to imply, that the common or trade name of such timber is a name other than the trade name assigned to that species by the said Schedule: Provided that nothing contained in this subsection shall apply to the sale of any timber of any• species specified in the Schedule to this Act where such timber is sold as " mixed " or " unclassified " timber, and where the property in the timber having passed under the sale, the buyer has accepted the timber as such.

226 TIMBER. Timber Users' Protection Act. 13 GEO. VI. No. 37, (2.) A person shall not- (a) Sell any timber described or held out as being preservative treated; or (b) Make in connection with the sale of any timber any verbal or written statement or representation implying, or that may be construed to imply, that such timber has been preservative treated, with the object of protecting that timber from attack by lyctus, unless that timber has been treated by an approved preservative treatment and is branded with a registered brand. (3.) A person shall not- (i.) Sell any timber described or held out as being preservative treated; or (ii.) Make in connection with the sale of any timber any verbal or written statement or representation implying, or that may be construed to imply, that such timber has been preservative treated, unless- (i.) Inthe case ofany such sale, the object for which that timber has been preservative treated is clearly shown on an invoice or docket of sale and such invoice or docket has been delivered by the seller to the buyer at or before the delivery o~ sale of such timber; or (ii.) In the case of any such statement or representation, that statement or representa- tion clearly sets out the object for which that timber has been preservative treated, and unless, in every such case, the timber has in fact been preservative treated in accordance with the statement contained on the invoice, docket, statement or, as the case may be, representation. (4.) A person shall not- (a) Sell any timber described or held out as being free from lyctus susceptible timber; or

TIMBER. 227- 1949. c. Timber Users' Protection Act. (b) Make in connection with the sale of any timber any verbal or written statement or representation implying, or that may be construed to imply, that such timber is free from lyctus susceptible timber, unless that timber is free from any lyctus susceptible timber. (5.) A person shall not- (a) Sell any timber described or held out as being "kiln dried," "air dried," "dry," or " seasoned," or otherwise described or held out as dried or seasoned; or (b) Make in connection with the sale of any timber any verbal or written statement or representation implying, or that may be construed to imply, that such timber is "kiln dried," "air dried," "dry," or" seasoned," unless- (i.) At the time the property therein passes under the sale, that timber complies fully as to moisture content with the requirements of the standard approved for the time being in respect of that timber by the association known as Standards Association of Australia; or, where no such standard is so approved for the time being, the moisture content of each and every piece of such timber at such time is not more than fifteen per centum or less than ten per centum; or (ii.) A specification showing the maximum and minimum moisture content to which the timber has been dried as at the time of sale is clearly shown on an invoice or a docket of sale and such invoice or docket has been delivered by the seller to the buyer ll,t or before the delivery on sale of such timber, or such a specification was clearly stated in writing in the offer to sell. 7. (1.) (a) A person manufacturing any article or Restrictions carrying out any building operation under a contract ~~= of requiring the supply by him of materials shall not use or timber, &c. permit or allow to be used ill the manufacture of that article or in the carrying out of that building operation any lyctus susceptible timber. I

228 TIMBER. Timber Users' Protection Act.- 13 GEO. VI. No. 37, - - - - - - - - - - - - - - - - - - - - ~ - - - - - - (b) A person charged with using or permitting or allowing to be used any lyctus susceptible timber in contravention of any provision of this subsection shall not be convicted of that offence if he proves that attack by lyctus will not be detrimental to the use or service reasonably expected of the building, article, or other thing in respect of which that lyctus susceptible timber was used. (c) This subsection shall be read so as not to limit the application of subsection two of this section. (2.) A person shall not in any building use or permit or allow to be used any lyctus susceptible timber for any of the following purposes, that is to say:- (a) As any wall batten to support or to assist in supporting any plaster, fibro-cement, or other sheeting; or (b) As any batten to support or to assist in supporting any ceiling, or tiled or fibro- cement roof; or (c) For any other prescribed purpose. (3.) A person- (a) Manufacturing any furniture for sale; or (b) Manufacturing any furniture under a contract requiring the supply by him of materials; or (c) Using under a contract joinery, flooring, or mouldings for the purpose of any building operation, shall not use or permit or allow to be used in the manufacture of that furniture, or in that joinery, flooring, or mouldings, any timber which does not comply fully as to moisture content with the requirements of the standard approved for the time being in respect of that timber by the association known as Standards Association of Australia, or, where no such standard is so approved for the time being, any piece of timber the moistur~ content of which when so used or supplied exceeds fifteen per centum or is less than ten per centum unless (in the case of the joinery, flooring, or mouldings) th/;'l condition of equilibrium moisture content under which the same is to be used requires some other moisture content.

1949. TIMBER. Timber Users' Protection Act. 229 A person charged with using or permitting or allowing to be used any timber in contravention of any provision of this subsection shall not be convicted of that offence if he proves that the use of such timber will not be detrimental to the use or service reasonably expected of the furniture, joinery, flooring, or mouldings in which that timber was used. 8. (1.) A person shall not sell or agree to sell- Ronesstarliectoiofns (a) Any article in the manufacture of any part of~ eii~ which lyctus susceptible timber has been & ~ . mgs, used; or (b) Any building when lyctus susceptible timber has been used in the carrying out of any building operation with respect thereto, unless prior to such sale or agreement to sell he gives the purchaser a notice in writing in accordance with the requirements hereinafter contained in this section: Provided that it shall be a defence to a prosecution for any offence under this section to show- (a) That such article or building operation was manufactured or completed prior to the commencement of this Act; and That the seller or intending seller did not know and was not in a position to know that lyctus susceptible timber had been so used therein; or (b) That a period of two years has elapsed since the manufacture of such article or the completion of such building operation, as the case may be. (2.) A notice in writing under this section shall- (a) State clearly the fact that lyctus susceptible timber has been used in the manufacture of such article or in such building; (b) State clearly that the lyctus susceptible timber so used has been attacked or is liable to attack by lyctus ;

230 TIMBER. Timber Users' Protection Act. 13 GEO. VI. No. 37, (c) Show the names of the parties to such sale or agreement to sell, nominally or by description or reference so that there can be no dispute as to their identity; (d) Clearly identify the article or building to which the notice relates; . (e) State the date on which such notice is given; and (f) Be signed by the person giving the notice, and shall not contain any other written, typewritten, or printed matter whatsoever. Any document which fails to comply in full with these requirements shall not be a notice under and within the meaning of this section. (3.) For the purposes of this section, where the date of manufacture of any such article is not known, such date shall be the date on which that article came into the possession of the firstknown person having or having had the custody of such article. Implied conditions. 9. (1.) If any timber, article, or building is supplied, manufactured, constructed, or erected under a contract or sold or agreed to be sold, or if any building operation is carried out under a contract, there is (unless the contract expressly states in writing that lyctus susceptible timber is contained or has been used therein or unless in the case of any such sale or agreement to sell to which section eight of this Act applies notice has been given under and in compliance with that section) an implied condition that such timber is free from lyctus susceptible timber or, in the case of such article or building, that the timber contained therein or, in the case of the building operation, that the timber used therein is free from lyctus susceptible timber. (2.) If any timber is sold under a name which name is not the trade name assigned by the Schedule to this Act to timber of any of the species specified in that Schedule there is an implied condition that no timber of any such species is included in the timber so sold: Provided that nothing contained in this subsection shall apply to the sale of any timber of any species specified in the Schedule to this Act where such timber

1949. TIMBER. Timber Users' Protection Act. is sold as " mixed" or " unclassified" timber, and where the property in the timber having passed under the sale, the buyer has accepted the timber as such. (3.) Where upon a sale, timber the subject of such sale is sold or described or held out as being preservative treated by any method of preservative treatment, there is an implied condition that such timber has been so treated. In respect of timber of any of the species specified in the Schedule to this Act the condition so implied shall be that such timber has been treated by an a;pproved preservative treatment in every case unless the object of the method of preservative treatment thereof is stated in accordance with the requirements of subsection three of section six of this Act and such object as so stated is not the protection of the timber in question from attack by lyctus. (4.) Where upon a sale, timber the subject of such sale is sold or described or held out as "kiln dried," "air dried," "dry," or "seasoned," or otherwise described or held out as dried or seasoned, there is an implied condition that, at the time the property passes under the sale, such timber complies fully as to moisture content with the. requirements of the standard approved, for the time being in respect of that timber by the association known as Standards Association of Australia; or, where no such standard is so approved for the time being, that the moisture content of each and every piece of such timber at such time is not more than fifteen per centum or less than ten per centum : Provided that nothing contained in this subsection shall apply to the sale of any timber where a specification showing the maximum and minimum moisture content to which the timber has been dried as at the time of sale is clearly shown on an invoice or a docket of sale delivered by the seller to the buyer on or before the delivery on sale of such timber or such a specification was clearly stated in writing in the offer to sell. (5.) Any condition implied by virtue of this section shall be in addition to any condition or warranty expressed or implied by law. 231

232 TIMBER. Timber Users' Protection Act. 13 GEO. VI. No. 37, (6.) Subject to subsection seven of this section, any covenant, agreement, or condition expressed or implied in a contract or agreement or in a separate document whereby it is agreed between the parties to that contract or agreement that a condition implied by this section shall not be legally binding as against the seller or contractor shall be absolutely void and of no legal effect whatsoever. (7.) A condition by this section implied in any sale, contract, or agreement may be waived by a party (other than the seller or contractor) to such sale, contract, or agreement, or such party may elect to treat the breach of such condition as a breach of warranty and not as a ground for treating the sale, contract, or agreement as repudiated: Provided that such party shall not be bound by waiver or election under this section unless made by him after the date upon which he first has knowledge that such condition has in fact been breached by the party bound thereby. (8.) A party to a sale, contract, or agreement who has breached any condition implied by virtue of this section shall, if thereunto required by another party to that sale, contract, or agreement who is entitled to the benefit of that condition, remove from any land, premises, or place owned or occupied by that other party, without .cost to that other party, all or any timber or articles the subject of that sale, contract, or agreement. (9.) The provisions of this section shall be read and construed so as not to limit or affect any other provision of this Act constituting any act or omission an offence or the liability to punishment under this Act of any person committing that offence. (10.) The provisions of this section shall have no application to any sale, contract, or agreement made or entered into after a period of two years from when the timber was sawn or the article was manufactured or the building or the building operation was completed, as the case may be. For the purposes of this subsection where the date of manufacture of any article is not ,known, such date shall be the date on which that article came into the possession of the firstknown person having or having had the custody of such article.

TIMBER. 233 1949. Timber Users' Protection Act. 10. (1.) Any forest officer may- Powers or forest officer. (a) Enter any land, premises, or place and search for and inspect any building operation being carried out therein or thereon or which, in his opinion, was carried out therein or thereon within the period of two years next preceding his entry as aforesaid, or any building therein or thereon which he has groun.ds for believing is for sale, or /;Lny timber therein or thereon for sale or for use or being used for a purpose specified in section seven of this Act, or suspected by him to be for sale or for such use, or any article therein or thereon in the manufacture of which for sale or under a contract timber is being used or was in his opinion used within a period of two years next preceding his entry as aforesaid; (b) Inspect and test any timber found by him in the course of any inspection authorised by paragraph (a) of this subsection; (c) Inspect and test any timber being conveyed or at any place in the course of or for the purpose of being conveyed from one place to another; (d) Select and remove or cause to be removed for inspection and/or testing any timber or article or portions or samples of timber so found or portions or samples of timber from any article or building where he has reasonable grounds for believing that an offence against any provision of this Act has; been committed; (e) Seize and detain any timber or article in relation to which he suspects an offence has been committed against this Act; (f) Remove any timber or article seized by him under this Act from the place of seizure or allow such timber or article to remain at the place of seizure and, in the latter case,. fasten, secure, or seal the same or any door or aperture affording access to the, same;

234 TIMBER. Timber Users' Protection Act. 13 GEo. VI. No. 37, (g) Require the production by any person of any accounts, books, invoices, and documents relating to any timber, building, building operation, or article and inspect and take copies of or extracts from any entries found therein; (h) Require any person found in possession of any timber or article, or carrying out, or doing any work in the course of or for the purpose of carrying out, any building operation, or manufacturing, or doing any work in the course of or for the purpose of manufacturing, any article, to supply his name and address and, if such timber or article was acquired by him by purchase, the name and address of the seller from whom he purchased such timber or article. (2.) Where by virtue of this Act a forest officer is authorised to enter or inspect any land, building, premises, or place, or any timber, article, building, or building operation therein or thereon, he shall not make any such entry or inspection unless he is in possession of a document issued by the Board evidencing that authority, and he shall, on demand by the person occupjring or in charge of the land, building, premises, place, or artitle, or carrying out that building operation, produce the document to that person before commencing or proceeding further with the entry or inspection. (3.) The marking with a broad arrow by a forest officer of any timber or article seized and detained shall be a sufficient notification to all persons of such seizure and detention. Timber, &c., (4.) (a) Any timber or article seized and detained sdeeitzaeidneadn.d may, unless it is sooner established to the satisfaction of the Board that at the time of such seizure and detention no offence in relation thereto had been committed against this Act, be detained for a period of six months, or, if within that period proceedings for an offence against this Act in relation thereto or proceedings for any offence in which such timber or article is or can properly be adduced in evidence have been instituted, until the final deter- rnination of those proceedings, including any appeal in the matter of those proceedings.

TIMBER. 235 1949. Timber Users' Protection Act. (b) Upon any conviction for an offence against this Act in respect of any timber or article seized and detained under this Act or if (in any case where proceedings for an offence against this Act in respect of any such timber or article are not instituted) the owner thereof cannot be ascertained, an application may be made to a court of petty sessions for such order with respect to such timber as to the court may seem meet, and thereupon such court may make an order for the forfeiture of such timber to His Majesty or such other order as it thinks fit. A like order may be made by a court of petty sessions upon the dismissal of any proceedings for an alleged offence against this Act in respect of any timber or article seized and detained under this Act or upon the dismissal of any proceedings in which such timber or article was or could have been properly adduced in evidence if any appeal relating to such dismissal has been unsuccessful or the time for lodging such appeal has expired. (c) Any person convicted of an offence against this Act in respect of any timber or article which has been seized and detained under this Act shall be liable for all costs, charges, and expenses incurred in handling, storing, or otherwise dealing with that timber or article consequent on the seizure and detention thereof, and any sum for which any person 'is liable under this paragraph shall be recoverable by the Board from him by action as for a debt. The production of a certificate purporting to be signed by a forest officer that any such costs, charges, or expenses of an amount stated have been incurred by such forest officer under and for the purposes of this. Act shall be prima facie evidence that the costs, charges, or expenses were duly incurred and that the amount thereof so stated is the correct amount. (5.) Except as hereinafter provided the Board or Damage, adnamy afgoreesm. t couffrirceedr sbhyalrl enaosot nbeorfetshpeonrseibmloevfaolr, aSne.yIzulores,s oorr sr& ee0miz. , uourvePa1o0nof r detention under this Act of any timber or article or timber. portion or sample of timber. If, upon tests or further investigations made with respect to any such timber or article, the Board is satisfied that an offence against any provision of this Act with

236 TIMBER. Timber Users' Protection, Act. 13 GEO. VI. Na. 37, respect thereto has not been committed, the Board shall return the timber or article to the person from whom it was removed or seized, and in that event, or if any proceedings for an alleged offence against this Act in respect thereof are finally dismissed, shall compensate the owner thereof for, any loss or damage sustained or occasioned by such removal, seizure, or detention: Provided that if the removal, seizure, or detention has been made consequent upon the complaint of any person that an offence against this Act has been committed in respect of the timber or article in question, that complainant, and not the Board, shall be liable for any loss or damage payable under this subsection. dPBeooawalrewdritotohf the with 1 as 1. thTeiBmobaerr4fmorafyeitdeidreuctn. der this Act shall be dealt timber forfeited. Obstruction of forest officer, &c. 12. A person shall not— (a) Assault, obstruct, threaten, insult, or intimidate any forest officer in the exercise of his powers or the discharge of his duties under this Act, or attempt so to do; or (b) Refuse to allow to be removed, seized, or detained any timber or article in accordance with this Act; or (c) Take, retake, remove, or otherwise deal with, or attempt to• take, retake, remove, or otherwise deal with, any timber or article removed, seized, or detained under this Act; or (d) Fail, when thereuntq required by a forest •officer, to produce any accounts, books, invoices, or documents in his possession or under his control relating to any timber or article, or fail to allow a forest officer to inspect or to take a copy of or extract from any such •accounts, books, invoices, or documents; or (e) Fail, when thereunto required by a forest officer, to state his name and address or the name and address of the person from whom he purchased any timber or article, or state in answer to any such requirement a false name and address, or name, or address.

1949. TIMBER. Timber Users' Protection Act. 237 of an .1 y 3 t . imAbeprerisssounesohraldlenliovteirnacnoynfnaelcsetiosnpewciiftihcathtieonsaoler Fzaeltcsoiefication mtheakmeaaxnimy ufamlsaensdtamteinmimenutmormroeipsrteusreenctoantitoenntttoouwchhiincgh m co o n i t s e tu n r t. e that timber has been dried at any time. 14. (1.) This section applies to any and every plant Registered used or intended to be used for the preservative treatment; brands ' with the object of protecting from attack by lyctus, of timber in the course of the preparation of that timber— (a) For sale; or (b) For use in the manufacture of any article for sale; or (c) For. use (under a contract requiring the supply thereof) in any building operation or in the • manufacture of any article. (2.) A person owning or controlling a plant to. which this section applies (hereinafter referred to as a preservative treatment plant) shall— (a) If such plant is in use at the commencement of this Act, within one month after this Act comes into operation; (b) In any other case, before such plant is used for the preservative treatment of any timber, make application to the Board for the registration by the Board of a distinctive brand with respect to and for use in such plant. (3.) A brand shall not be registered until the Board has first approved of its form and design, and only one brand shall be registered with respect to and for use in a preservative treatment plant. (4.) A person owning or controlling a preservative treatment plant— (a) Shall brand or cause to be branded with the registered brand all timber treated by such plant; (b) Shall not remove or permit or allow to be removed from such plant any timber treated therein which is not branded with the • registered brand;

238 TIMBER. Timber Users' Protection Act. 13 GEO. VI. No. 37, . • (c) Shall not use, or permit or allow to be used, the registered brand for any purpose other than branding timber which has been treated by an approved preservative treatment by such plant. (5.) Unless authorised by the Board a person shall not, for the purpose of indicating that any timber has been preservative treated with the object of protecting same against attack by lyctus, brand or mark, or permit or allow to be branded or marked, such timber with a brand or mark of any kind whatever other than a registered brand. (6.) A person shall not brand, or permit or allow to be branded, with a registered brand any timber other than timber treated in the preservative treatment plant with respect to which such brand is registered by the Board. Proof. 1 5. (1.) In any action, suit, or proceeding under this Act and without prejudice to any other mode of proof of the matter then, unless other provisions as to proof of such matter are prescribed in respect of any particular class, kind, species, or size of lyctus susceptible timber, proof that the use in any building intended or used for residential or business purposes of any piece of timber which shows lyctus susceptible timber on more than one quarter of its perimeter shall be conclusive evidence that an attack by lyctus will detrimentally affect the use or service for which the building is intended. (2.) Where in any proceeding under this Act an offence is proved in regard to any portion or sample of timber such offence shall prima facie be deemed to have been proved with regard to the whole lot of timber from which that portion or sample was taken. (3.) In any action, suit, or proceeding under this (a) A document purporting to be published by the association known as Standards Association of Australia and to contain the standard approved by that association in respect of any timber or species or description of timber shall be evidence (and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence) of that standard and of the approval thereof by Standards Association of Australia;

1949. TIMBER. Timber Users' Protection Act. 239 (b) A certificate purporting to be signed by the chairman or the secretary of the Board endorsed upon or annexed to any such document and certifying that the standard contained in that document was in force on a specified date or during a specified period of time shall be evidence (and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence) that such standard was in force at the date or, as the case may be, during the period so specified; and (c) A certificate purporting to be signed by the chairman or secretary of the Board and certifying that, on a specified date or during a specified period, no standard approved by the said Standards Association of Australia was in force in respect of any specified timber or description or species of timber shall be evidence (and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence) that no standard approved as aforesaid was in force in respect of that timber or, as the case may be, description or species of timber on the specified date or, as the case may be, during the specified period of time. (4.) This section shall not lessen or affect any onus of proof falling on the defendant. 16. (1.) Any person who contravenes or fails to Penalties for comply with any provision of this Act shall be guilty offences, &c. of an offence. (2.) Any person guilty of an offence against any provision of this Act shall be liable to a penalty not exceeding two hundred pounds. (3.) Any offence against this Act may lie prosecuted in a summary way under *" The Justices Acts, 1886 to 1948," upon the complaint of any person authorised by the Board, or of any forest officer, or of any person aggrieved. * 50 V. No. 17 and amending Acts.

240 TIMBER. Timber Users' Protection Act. 13 GEO. VI. No. 37, (4.) Except as otherwise provided in this subsection, proceedings for an offence against this Act shall be instituted within the time limited for the making of cqmplaints for simple offences by *" The Justices Act8, 1886 to 1948": Provided that in the case of a proceeding for an offence against any provision of subsections one, two, three, or four of section six, section seven, or section eight of this Act a complaint may be made in respect thereof within thirty months after the date of manufacture of the article or completion of the building operation or the using or supplying of the timber with respect to which the offence was committed. Limitations 17. (1.) A proceeding may only be instituted for t w o itcherrteasipnect an offence against any provision of subsection five of proceedings. section six of this Act if a complaint has been lodged by the purchaser with the vendor within seven days after the date of delivery of such timber to that purchaser. (2.) In any action, suit, or proceeding with respect to timber sold or described or held out as being "kiln dried," " air dried," " dry," or " seasoned," or otherwise described or held out as dried or seasoned, the plaintiff or complainant shall establish to the satisfaction of the court or jury that the timber was adequately protected against moisture reabsorption at all times during which it was in his possession or under his control. Regulations. 18. (1.) The Governor in Council may from time to time make regulations for or with respect to prescribing all matters and things which are by this Act permitted or required to be prescribed or which are necessary or expedient to be prescribed for carrying out or giving effect to this Act, and, without limiting the generality of the foregoing provisions of this section, providing for all or any of the following purposes, that is to say:- (a) Prescribing, regulating, and controlling the methods of any approved preservative treatment and the ingredients to be used therein ; * 60 v. No. 17 and amending Acts.

1949. TIMBER. Timber Users' Protection Act. 241 (b) Requiring particulars to be furnished to the Board in respect of any preservative treatment used or intended to be used in any preservative , treatment plant, including the method of such preservative treatment and the ingredients used or to be used therein, and requiring the approval by the Board of such preservative treatment and empowering the Board to refuse, at its discretion, any such approval; (c) Prescribing, regulating, and controlling methods for determining whether or not any timber contains starch; (d) Prescribing, regulating, and controlling any other matter or thing relating to the approved preservative treatment of timber; (e) Prescribing, regulating, and controlling any matter or thing relating to the registration of brands and registered brands under and for the purpose of this Act; (1) Prescribing fees to be charged for the making of any inspection, test, application, approval, registration of a registered brand, and/or for the approval by the Board of any approved preservative treatment; • (g) Prescribing forms for the purposes of this Act. The power to regulate and control by regulation shall include power to prohibit. (2.). Regulations may be made on the passing of this Act. 19. (1.) Every Proclamation, Order in Council, or Publkoation regulation made under this Act shall- of Orders in Council, (a) Be published in the Gazette; regulations, &o. (b) Shall, upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters. contained therein; (c) Take effect from the date of such publication, or in the case of any such regulation, if a later date is specified in the regulations, from that later date; and

242 TIMBER. Timber Users' Protection Act. 13 GEO. VI. No. 37, (d) Be laid before Parliament within fourteen sitting days after such publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session. (2.) If Parliament passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation, Order in Council, or regulation has been laid before Parliament disallowing such Proclamation, Order in Council, or regulation or part thereof, that Proclamation, Order in Council, or regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. For the purposes of this subsection the term" sitting days" shall mean days on which Parliament actually sits for the despatch of business. Sohedule. ' THE SCHEDULE. Species of Timber. Trade Name. Acacia bakeri White Marblewood Acacia melanoxylon Blackwood Ackama paniculata (Syn. Ackama muelleri) Brown Alder Ailanthus malabarica White Siris Albizzia toona Red Siris Albizzia xanthoxylon Yellow Siris Aleurites moluccana Candlenut Alstonia scholaris White Cheesewood Angophora costata (Syn. Angophora lanceolata) Smooth Barked Apple Baloghia lucida Ivory Birch Barringtonia calyptrata .. Barringtonia or Cornboof Wood Beilschmiedia bancroftii .. Yellow Walnut Beilschmiedia obtusifolia Blush Walnut Blepharocarya involucrigera Rose Butternut Brachychiton acerifolium (Syn. Stercu!'ia acerifolia) Flame Kurrajong Brachychiton discolor (Syn. Sterculia discolor) White Kurrajong Calophyllum costatum Red Touriga Calophyllum spp. (imported) Island Cedar Cardwellia sublimis Northern Silky Oak Carnarvonia araliaefolia .. Caledonian Oak Castanospermum australe Black Bean Cedrela mexicana .. Cedrela

1949. TIMBER. Timber Users' Protection Act. THE SCHEDULE-continued. Species of Timber. Gedrela odorata Gedrela toona, var. australis Geltis paniculata .. Geratopetalum succirubrum Ginnamomum camphora Ginnamomum laubatii Ginnamomum oliveri Ginnamomum virens Gryptocarya erythroxylon Gryptocarya oblata Gryptocarya obovara Gryptocarya patentinervis Dissiliaria baloghioides Dysoxylum fraseranum Dysoxylum muelleri Dysoxylum pettigrewianum Elaeocarpus grandis Elaeocarpus obovatus Embothrium wickhami Endiandri palmerstoni Endiandri sieberi .. Endiandra subtriplinervis Endiandra virens .. Eucalyptus citriodora Eucalyptus dunnii Eucalyptus fraxinoides Eucalyptus gummifera (Syn. corymbosa) Eucalyptus maculata Eucalyptus microcorys Eucalyptus pellita Eucalyptus resinifera Eucalyptus tessellaris Eucalyptus trachyphloia Eugenia brachyandra Eugenia corynantha Eugenia francisii Eugenia gustavioides Eugenia hemilampra Eugenia luehmanni Eugenia smithii var. Euroschinus falcatus Evodia vitiflora Ficus macrophylla Ficus rubiginosa .. Other Ficus spp. .. Flindersia acuminata Flindersia australis Flindersia bennettiana Flindersia bourjotiana Flindersia collina Trade Name. Cedrela Red Cedar Silky Celtis or Tripewood Satin Sycamore Camphor Laurel Pepperwood Camphorwood Camphorwood ~ ose Maple Bolly Silkwood White Walnut Rose Maple Red Heart Rose Mahogany Miva Mahogany Spur Mahogany Silver Quandon,g Hard Quandong Satin Oak Queensland Walnut Pink Walnut Brown Walnut New South Wales Walnut Spotted Gum White Gum White Ash Euc. Red Bloodwood Spotted Gum Tallowwood Red Mahogany Red Mahogany Carbeen Brown Bloodwood Red Satinash Killarney Satinash Rose Satinash Grey Satinash Blush Satinash Cherry Satinash . . { WRehditEe uEnugneglleallSaaStiantainshash Pink Poplar Northern Evodia Moreton Bay Fig Port J ackson Fig Figwood Silver Silkwood Crow's Ash Bennett's Ash Queensland Silver Ash Leopard Ash 243:

244 TIMBER. Timber Users' Protection Act. 13 GEO. VI. No. 37, 1949. THE SCHEDULE-continued. Species of Timber. Trade Name. Flinder8ia ifflaiana Flinder8ia oxleyana Flinder8ia pube8cen8 Flinder8ia 8chottiana Galbulimima baccata (Syn. Himantandra baccata) Gei88oi8 benthamii (Syn. Weinmannia benthamii) Hickory Ash Yellowwood Northern Silver Ash Southern Silver Ash Magnolia Brush Mahogany Gei88oi8 lachnocarpa (Syn. Weinmannia lachnocarpa) .. Grevillea robusta .. Lit8ea leefeana (Syn. Litsea ferruginea) Lit8ea reticulata Melia dubia (Syn. Melia azedarach, var. aU8tralasica) .. Myri8tica muelleri N auclea orientali8 (Syn. Sarcocephalus cordatus) Octomele8 8umatrana Orites excel8a Planchonella obovata (Syn. Sideroxylon obovatum) PolY8cias elegans (Syn. Panax elegans) .. PolY8cias murrayi (Syn. Panax murrayi) Pometia pinnata .. Mar8rie Southern Silky Oak Bollywood Bollywood White Cedar Nutmeg Cheesewood Erima Southern Silky Oak Northern Yellow Boxwood Silver Basswood White Basswood Touin Protium austraZasicum (Syn. Bur8era austraZasica) .. Brown Cudgerie P8eudocarapa nitidula (Syn. Amoora nitidula) Incensewood Rhodo8phaera rhodanthema .. . Tulip Satinwood Schizomeria ovata White Birch Shorea spp. Borneo Cedar Sideroxylon pohlmannianum (Syn. Ser8ali8ia pOhlmannianum) .. Yellow Boxwood Siphonodon aU8trale Ivorywood Sloanea australi8 .. Blush Alder Sloanea langii White Carabeen Sloanea macbrydei Yellow Carabeen Sloanea woollsii Yellow Carabeen Tarrietia actinophylla (Syn. Argyroden- dron actinophyllum) . . . . Blush Tulip Oak Tarrietia argyrodendron (Syn. Argyroden- dron trifoliolatum) Brown Tulip Oak Tarrietia argyrodendron, var. peralata (Syn. Tarrietia peralata) Terminalia 8ericocarpa Trema amboinensis Trema orientali8 Villaresia moorei .. Xanthophyllum octandrum (Syn. Xanthophyllum macintyrei) .• Red Tulip Oak Damson Peach Cedar Peach Cedar Silky Beech Maclntyre's Boxwood