Whaling Act of 1935 (26 Geo v No. 39) (Qld)

FISHERIES. 26 GEO. V. No. 39, 1935. Whaling Act. 15431 (6.) A special meeting for any particular purpose may be called by the chairman at his discretion or when he is requested by two members to call such a meeting. If the chairman fails to call a special meeting after such a request any two members of the Board may call such meeting by a notice 'signed by themselves. Such notice shall state the time and place of meeting and the business to be transacted thereat, and shall be given to members at least seven days before the date of such meeting. The business transacted at any special meeting shall be that specified in the notice. (7.) At any meeting of the Board, if a quorum is not present within fifteen minutes after the notified hour of meeting, that fact and the names of the members present shall be recorded by the secretary in the minute.book. (8.) All powers vested in the Board may be exercised by a majority of the members present at any meeting duly held, and all questions shall be decided by a majority and by open voting. Upon every question the chairman shall have a vote and, if the numbers are equally divided, he shall have a second or casting vote. If any member refuses to vote, his vote shall be counted for the negative. (9.) The order of blL.'liness at any meeting shall be- (a) Reading of minutes; (b) Reading of correspondence; (c) Other business. 5. No proceedings of the Board 01' of any person acting as PrIr~ ~ gs chairman or member shall be invalidated by reason of any defect in va e. his appointment or nomination or of any disqualification of any such person, or by reason of there being any vacancy in the number of members at the time of such proceedings. An Act Relating to Whaling. [ASSENTED '1'0 12TH DECEMBER, 1935.] 26 Geo. V. No. 39. 'rHE WHALING ACTOi' 1935. V I{ THEREAS it is desirable and necessary to make Preamble. ! l" provision to ensure the application of the provisions of the Convention for the Regulation of Whaling signed at Geneva on the twenty-fourth day . of September, One thousand nine hundred and thirty- one, and the punishment of infractions of the said provisions- Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the

15432 FISHERIES. Whaling Act. 26 GEO. V. No. 39, Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :-- Short title. 1. This Act may be cited as " The Whaling Act of 1935." Commence- 2. This Act shall come into force on a date to be ment. proclaimed by the Governor in Council by Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act. Interpreta. tion. Faotory. 3. In this Act, unless the context otherwise indicates, the following terms have the meanings respectively set against them, that is to say : - " Factory "-Does not include a ship; Fish and Oyster Aots. License. " Fish and Oyster Acts "-*" The Fish and Oyster Acts, 1914 to 1932" (or any Act amending or in substitution for the same) ; " License "-A license granted under this Act; Master. "Master "-Any person having command or charge of a ship; Minister. " Minister "-The Treasurer or other Minister of the Crown for the time being charged with the administration of this Act; Offioer. Owner. Port or place. Presoribed. Queensland waters. Regulations. " Officer "-An officer performing duties under this Act; " Owner "-Includes the manager or secretary of any company or body corporate or any person to whom the whole or a part of a ship belongs; " Port or place "-Includes any natural harbour haven, channel, or anchorage in or at which ships can obtain shelter or ship and unship goods; " Prescribed "-Prescribed by this Act; " Queensland waters "-Includes all salt, brackish, and fresh waters within the territorial limits of Queensland which are not upon land which is the property of a private person; " Regulations "-Regulations made under this Act; * 5 Geo. v. No. 23 and amending Acts, supra, pages 6224 et seq.

1935. FISHERIES. - ~ - - - ~ - - -- ~-- ~ ~ - - - Whaling Act. 15433 " Right whale "-Includes southern right whale, Right whale. Pacific right whale, and southern pigmy right whale; " This Act "-This Act and all regulations made This Act. thereunder; "Treating whales "-Includes the operation of Treating cutting up and the extraction of oil, whale- whales. bone, or other products from the carcasses of whales: and "treat" has a meaning corresponding to "treating whales"; " Whale "-Means a baleen or whalebone whale. Whale. 4. (1.) This Act shall be in force within Queensland Application and within all Queensland waters. of Act. (2.) This Act shall be read and construed subject to the Commonwealth of Australia Constitution Act, and so as not to exceed the legislative powers of the State to the intent that, where any enactment thereof would but for this subsection have been construed as being in excess of that power, it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power. 5. (1.) Any inspector as defined under the Fish and Officers. Oyster Aots shall without any further or other appoint- ment be and be deemed for the purposes of this Act an officer under this Act and in addition to the functions, powers, and authorities vested in and imposed on an officer under this Act such officer shall have and may exercise in relation to this Act all the functions, powers, and authorities vested in and imposed on an inspector pursuant to the Fish and Oyster Acts, and the provisions of such lastmentioned Acts shall, mutatis mutandis, apply and extend to this Act accordingly. (2.) Any person who- (1) Resists or obstructs an officer in the performance of any of his duties under this Act; or (2) Being lawfully required, refuses to produce to an officer anything which the officer is by this Act authorised to require to be produced to him; or (3) Refuses to give to an officer any information which the officer is authorised to require from him; or

15434 . FISHERIES. Whaling Act. 26 GEO. V. No. 39, (4) Gives false information in answer to any lawful inquiry made by an officer; or (5) Disobeys any order lawfully given by an officer in writing under his hand, shall be liable to a penalty not exceeding one hundred pounds. Taking or killing of certain kinds of whales prohibited. 6. (1.) A person shall not take or kill- (a) Any right whale; (b) Any calf or suckling whale or immature whale; or (c) Any female whale accompanied by a calf or suckling whale. (2.) Any person who has in his possession any calf or whale taken or killed in contravention of this section, or any part or product of any such calf or whale, shall be guilty of an offence. (3.) For the purposes of this section, a whale of any description shall be deemed to be immature if it is of less length than that prescribed in relation to whales of that description : Provided that the length prescribed for the purposes of this section in relation to blue whales shall not be less than sixty feet, and the length so prescribed in relation to fin whales shall not be less than fifty feet. (4.) Any person guilty of an offence under this section shall be liable to a penalty not exceeding two hundred pounds or to imprisonment for three months, or to both penalty and imprisonment; and in addition an amount equal to the value of the products (if any) obtained or obtainable from the whale. Taking, killing, or treating whales without a license. 7. (1.) It shall be unlawful for a ship to be used for taking, killing, or treating whales, or for a factory to be used for treating whales unless the owner or charterer of the ship or the occupier of the factory is the holder of a license in force under this Act authorising the ship or the factory, as the case may be, to be so used. (2.) A ship designed and equipped for taking, killing, or treating whales shall in the absence of proof to the contrary be deemed to be used for taking, killing, or treating whales.

1935. FISHERIES. Whaling Act. 15435 (3.) Any owner, charterer, or master of a ship, or occupier of a factory guilty of an offence under this section shall be liable to a penalty not exceeding two hundred pounds, and in addition two hundred pounds in respect of each whale taken, killed, or treated in contravention of this section. 8. A ship designed and equipped for taking, killing, UI? licens~ or treating whales shall not be brought into any port or ~ ~~e:~~ d~ place in Queensland unless the owner or charterer of the ship is the holder of a license in force under this Act authorising the ship to be used for taking, killing, or treating whales. Any owner, charterer, or master guilty of an offence under this section shall be liable to a penalty not exceeding one thousand pounds. 9. The owner, charterer, or master of any ship, or Possession of t.he manager or occupI.er 0 f any fac ory, tor oc'cupIer 0 f iwllheaglael,ly& c. , any premises on shore in which is found any whale or killed. any part or product of a whale the taking, killing, or treating of which is an offence against this Act shall be guilty of an offence. Any owner, charterer, or master of any ship, or the manager or occupier of any factory, or occupier of any premises on shore guilty of an offence under this section shall be liable to a penalty not exceeding one thousand pounds. 10. (1.) Subject to this Act, the Minister or other License~ to prescribed authority may in his absolute discretion grant ~ ~ : ~ g: : : to the owner or charterer of any ship or the occupier of killing . :r:!:;r any factory a license to engage in taking or killing whales III or in treating whales, as the case may be: whales. Provided that no such license shall be granted to the owner or charterer of any ship not registered in Australia unless the ship is duly authorised by the Government of the country whose flag she flies to engage in taking, killing, or treating whales. (2.) A license granted to the owner or charterer of a ship shall be granted in respect of the ship named therein and of whale catchers or chasers (if any) attached to that ship to the number specified in the license, and a license granted to the occupier of a factory shall be granted in respect of the premises specifi~ d therein.

15436 FISHERIES. Whaling Act. 26 Goo. V. No. 39, (3.) A license granted under this section shall be for such period not exceeding five years as is fixed by the Minister or other prescribed authority and specified in the licen~ e. (4.) The fee payable in respect of the grant of a license under this section shall be for each year or part of a year in respect of which the license is granted- (a) In the case of a license to engage in taking or killing whales-One hundred pounds for the ship and fifty pounds for each· whale catcher or chaser attached thereto; and (b) In the case of a license to engage in treating whales-Two hundred pounds. (5.) In addition to the fees payable in pursuance of the last preceding subsection, there shall be payable in respect of any such license such royalties or oth.er payments as the Minister determines. Conditions of licenses. 11. (1.) A license to engage in taking or killing whales or in treating whales shall be granted upon and subject to the following conditions :- (a) That the fullest possible use shall be made of the carcasses of whales taken or treated and, in particular, that there shall be extracted, by boiling or otherwise, the oil from all blubber and from the head and tongue and from the tail as far forward as the outer opening of the lower intestine: Provided that this condition shall not apply to such parts of a whale as are intended to be used for human food; (b) That, in the case of a license to engage in treating whales, the ship or factory used for the purpose shall be equipped with adequate apparatus for the extraction of oil from the blubber, flesh, and bones; (c) That in the case of whales brought on shore, adequate arrangements shall be made for utilising the residues after the oil has been extracted;

FISHERIES. 1935. Whaling Act. - -- -- - -~ - - - - - - - - - - - - - - - - -- - - - - - - - - - - (d) That there shall be kept on board the ship or in the factory a record of every whale taken or treated, with the following particulars :- (i.) Date of taking, (ii.) Place of taking, (iii.) Species, (iv.) Sex, (v.) Length-measured, when taken out. of water: estimated-if cut up in water, (vi.) When frntus is present, length and sex, if ascertainable, and (vii.) When practicable, information as to the stomach contents. For the purposes of this paragraph, the length of each whale shall be the length taken from the tip of the snout to the notch between the flukes of the tail; (e) That in the case of a ship the owner or master of the ship shall in each year furnish a return to the Minister in the prescribed form containing the following particulars :- (i.) The name and tonnage of the ship, (ii.) The name and tonnage of each whale catcher or chaser attached to the ship, (iii.) A list of the land stations which were in operation in connection with the ship during the period in which the ship was engaged in taking, killing, or treating whales, (iv.) The particulars referred to in the last preceding paragraph of this section, (v.) The amounts of oil of each grade and the quantities of meal, guano, and other products derived from whales taken by the ship; (j) Such other conditions (whether in addition to or in substitution for the foregoing conditions) as are prescribed or as the Minister sees fit to impose. (2.) Any breach of a condition of a license shall be an offence against this Act. E 154B1

15438 FISHERIES. Whaling Act.. 26 GElo. V. No. 39, (3.) Where the Minister is satisfied that there has been any contravention of or failure to comply with any condition upon which a license was granted, the Minister may cancel the license. (4.) The Minister may require any applicant for a license or any licensee to give security to his satisfaction for compliance with the conditions of the license and of the requirements of this Act. (5.) Where any applicant for a license, or a licensee, fails or refuses to give security in accordance with the last preceding subsection, the Minister may, in the case of an applicant, refuse to grant a license, and in the case of a licensee, cancel the license. ~ e~ m~ ~ lto d 12. Notwithstanding anything contained in this t~ e: t ~h~~ ! Act, the Minister may grant to any person a special for scientific permit authorising that person to take, kill, and treat purposes. whales for purposes of scientific research or for other exceptional purposes subject to such restrictions as to number and subject to such other conditions as the Minister thinks fit, and the taking, killing, or treating of whales in accordance with a permit in force under this section shall be exempt from the operation of the foregoing provisions of this Act. Qwners of 13. The owner or master of any ship and the sfahciptosriaensdto occupier of any factory engaged in treating whales shall furnish in each year furnish a return of the number of each species' returns. pf whale treated in the ship or at the factory and of the amounts of oil of each grade and the quantities of meal, guano, and other products derived from them. Any owner or master of any ship or occupier of any factory who neglects or fails to furnish any such return shall be guilty of an offence and shall be liable to a penalty not exceeding one hundred pounds. Remunera· 14. Where the owner or master of a ship authorised tniootntoof crew under this Act to be used for taking, killing, or treating depend on whales engages gunners and other members of the crew results. of the ship on terms such that their remuneration is made dependent to a considerable extent on results, he shall engage them on terms that- (a) Their remuneration shall depend, to that extent, upon such factors as the size, species, value, and yield of oil of the whales taken;

FISHERIES. 19 43 9> ]935. Whaling Act. -- - --- - - - - - - ~ - - - - - - - -- - - - - (b) Their remuneration shall not depend only upon the numbers of whales taken; and (c) Remuneration in respect of any whale which is of less length than that prescribed for the purposes of this section or the taking of which is prohibited by this Act shall be excluded. Any owner or master contravening the provisions of this section shall be liable to a penalty not exceeding one hundred pounds in respect of each gunner or other member of the crew so unlawfully engaged. 15. (1.) Where- Forfeited whales and (a) Any whale taken or killed; or whale products. (b) Any part or product of any whale taken or killed, in contravention of this Act or of any condition of a license, is brought in to any port or place in Queensland, that whale, part or product, as the case may be, shall be forfeited to His Majesty the King. (2.) Any whale or any part or product of any whale forfeited under this Act shall be disposed of as the Minister directs. 16. (1.) For the purposes of this Act an officer oPfofiwceerrss toof may- board and (a) Board or enter any ship or factory which he search ships. has reason to believe is used for taking or treating whales, and inspect the ship or factory and its plant and equipment; (b) In the case of any such ship, require the master and crew or any of them, or in the case of any such factory require the occupier or manager thereof and the employees therein or any of them to produce all such licenses, records, and other documents as the officer considers it necessary to inspect, and to answer all such inquiries as he considers it necessary to make; and (c) Take copies of or extracts from any documentR produced to him. (2.) Any person who refuses to produce to an offieer any document which he is required under this section to

15440 FISHERIES. -------------------- Whaling Act. 26 Goo. V. No. 39, produce, or refuses to.canswer or answers falsely any inquiry made of himlby~ an officer, or obstructs or refuses facilities to an officer in;the discharge of his duties under this section shall be guilty of an offellce, and shall be liable to a penalty not exceeding one hundred pounds. rObeofmfairacdeinramonnday is use 1 d 7 f . or (1 t . r ) eaAtinnogffwichearlemsaayngdosohnallbobaerednatintylesdhtioprewmhaicinh board ship. on board the ship, to be provided with subsistence and accommodation therein, and to be present at all operations in connection with the treating of whales on board the ship. (2.) There shall be paid to the owner or master of the ship in respect of each day during which an officer remains on board the ship such sum as may be prescribed for the provision of subsistence and accommodation of an officer boarding the ship and remaining on board the ship in pursuance of this section. Offences 18. (1.) Any contravention of or failure to observe l.!enerally. or comply with any provision of this Act whether by act or omission shall be an offence against this Act. (jeneral penalty. (2.) Any person guilty of an offence against this Act for which no specific penalty is provided shall be liable to a penalty not exceeding one hundred pounds. Recovery of (3.) All proceedings in respect of offences against penalties. this Act shall be heard and determined in a summary way by complaint under *" The Justices Acts, 1886 to 1932." (4.) Any such proceedings may be instituted within six months after the offence is committed or within six months after the discovery of the offence, whichever is the later period. Venue. 19. Proceedings for any offence against this Act may be brought either in the jurisdiction within which the offence was committed or in the jurisdiction within which the offender is found. Evidence. 20. In any proceedings under or for the purposes of this Act- (a) Any allegation or averment in .any complaint or summons that any person does not hold a license or special permit as prescribed, as ---------------- - - - - * 50 Vic. No. 17 and amending Aets, supra, pageR 1132 et seq.

FISHERIES. ] 544-1 1935. Whaling Act. the case may be, need not be proved, and such person shall be deemed not to hold such license or special permit, as the case may be, until the contrary is proved by the production by him of the proper license or special permit or otherwise; and the allegation or averment in any complaint or summons that any act, matter, or thing has been done or omitted to be done in Queens- land waters shall until the contrary is proved be sufficient evidence that the waters in which such act, matter, or thing was so done or omitted to be done were Queensland waters; (b) The averment in any complaint of the date of discovery of any offence under this Act shall be prima facie evidence thereof; (c) It shall not be necessary to prove the appoint- ment of any officer or the authority of any officer to do any act or to give any direction or to issue or serve any notice or to take any proceeding. 21. (1.) The Governor in Council may from time RegulatioIlB. to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act, or that may be necessary or expedient to carry out the objects and purposes of such Act. Without limiting the generality of the foregoing provisions regulations may be made for all or any of the following purposes, that is to say;- (i.) All matters required or permitted by this Act to be prescribed. (ii.) The form of licenses. (iii.) Generally for giving effect to all incidental matters arising out of this Act, (iv.) Generally to give effect to the objects and purposes of this Act. (2.) The regulations may fix a penalty, not exceeding in any case one hundred pounds, for any breach thereof. (3.) Any such regulations may be made on the, passing of this Act.

15442 FISHERIES. Whaling Act. 26 GEO. V. No. 39, 1935. Publication 22. All regulations made or purporting to be made roefgulations under this Act shall upon being published in the Gazette in the have the same effect as if they were enacted in this Act Gazette. and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. The publication in the Gazette of any such regulation shall be conclusive evidence of the matters contained therein, and of the power and authority to make such regulation, as the case may be. All such regulations shall be laid before Parliament forthwith, if then sitting; and, if not then sitting, within fourteen days after the commencement of the next ensuing session. To be laid before If the Legislative Assembly, within the next fourteen Parliament. sitting days after any regulations have been so laid before such House, resolves that such regulations or any of them ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the mean- time under such regulations or to the making of any new regulations. For the purpose of this section the term "sitting days" shall mean days on which the House actually sits for the despatch of business. FISH SUPPLY MANAGEMENT. See FISHERIES (2). FRIENDLY SOCIETIES. See SOCIETIES (1). FRUIT AND VEGETABLES. See AGRICULTURE (1). FUNDS, HEAVY VEHICLES, DIVERSION OF. See ROADS. FUNDS, MAIN ROADS, DIVERSION OF. See ROADS.