1Name of Act and
commencement
(1)
This Act may be cited as the Wool,
Hide and Skin Dealers Act 1935.
(2)
This Act shall commence upon a date to be
appointed by the Governor and notified by proclamation published in the
Gazette.
2Definitions
(1)
In this Act, unless the context or subject-matter
otherwise indicates or requires:
Applicant means applicant for the
issue or transfer or renewal of a licence.
Hide or skin means the hide or skin, before
treatment in any process of manufacture, of any horse, mare, gelding, colt,
filly, ass, mule, bull, cow, ox, heifer, steer, calf, camel, ram, ewe, wether,
lamb, goat, kid, fox, rabbit, hare, or marsupial, but does not include the
hide or skin of any animal which is protected fauna within the meaning of the
National Parks and Wildlife Act
1974.
Licence means a licence issued under
this Act.
Licensee means the holder of a
licence.
Regulation means regulation made
under this Act.
This
Act includes regulations.
The verb to
sell includes:
(a)
to sell, barter, or exchange,
(b)
to agree to sell, barter, or
exchange,
(c)
to offer, expose, store, have in possession,
send, consign, or deliver for or on sale,
(d)
to receive for sale,
(e)
to cause or suffer to be sold, bartered, or
exchanged, or to be agreed to be sold, bartered, or
exchanged,
(f)
to cause or suffer to be offered, exposed,
stored, had in possession, sent, consigned, or delivered for or on
sale,
(g)
to cause or suffer to be received for sale,
and
(h)
to attempt to do any of such acts or things; and
the word sale shall be construed
accordingly.
The verb to
buy includes to buy, to receive, or accept under an
agreement to sell, and to offer to receive or accept or cause or suffer to be
received or accepted under an agreement to sell.
(2)
This Act shall be read and construed subject to
the Commonwealth of Australia Constitution Act, and so as not to exceed the
legislative power of the State, to the intent that where any enactment thereof
would but for this section 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.
s 2: Am 1974 No 80,
Sch 2; 1977 No 95, Sch 2 (1).
3Every person buying or selling
wool, hides, or skins to be licensed
(1)
Any person who, not being a licensee buys any
wool, hide, or skin, shall be guilty of an offence against this
Act.
(2)
Subsection (1) shall not apply where the wool,
hide, or skin:
(a)
is to be used by the buyer for the purposes of,
or in connection with, the buyer’s business (not being the business of
wool, hide, and skin dealing) and is purchased at the premises where the same
is carried on, or is to be used by the buyer for some domestic purpose, or as
raw material for manufacturing purposes, and in any of such cases where the
buyer keeps a record book in which is recorded the date, time and place at
which the purchase is made and the name and address of the vendor,
or
(b)
is bought for an educational institution for any
purpose whatsoever, or
(c)
is bought by an overseas wool buyer at
auction.
(3)
Any person who:
(a)
not being a licensee, sells any wool, hide, or
skin, or
(b)
being a licensee, sells any wool, hide, or skin
to any person other than a licensee,
shall be guilty of an offence against this
Act.
(4)
Subsection (3) shall not apply to the
sale:
(a)
to any licensee of any wool, hide, or skin taken
from an animal the property of the seller, or
(b)
by any person of any such wool, hide, or skin as
mentioned in paragraph (a), or by any licensee of any wool, hide, or skin if,
in either case, it is to be used by the buyer for the purposes of, or in
connection with the buyer’s business (not being the business of wool,
hide, and skin dealing), or for some domestic purpose, or as raw material for
manufacturing purposes, or
(c)
by any person of any such wool, hide, or skin as
mentioned in paragraph (a), or by any licensee of any wool, hide, or skin to
an educational institution, for whatever purpose it is to be used,
or
(d)
by an auctioneer licensed under the Auctioneers and Agents Act 1941, in the
ordinary course of the auctioneer’s business as a licensed auctioneer,
of any wool, hide, or skin to any person, whether such person is a licensee or
not or where the sale is by a firm or corporation and the offer for sale by
public auction is made or the sale by public auction is effected by an
auctioneer so licensed in the employment of such firm or
corporation.
(5)
Where in any proceedings for an offence against
this section the defendant alleges that the wool, hide, or skin with respect
to which such offence is alleged to have been committed was taken from an
animal the property of the seller, or that the said wool, hide, or skin was
sold or bought to be used by the buyer for the purposes of, or in connection
with, the buyer’s business (not being the business of wool, hide, and
skin dealing), or for some domestic purpose, or as raw material for
manufacturing purposes, it shall be necessary for the defendant to prove to
the satisfaction of the court that such wool, hide, or skin was taken as
alleged or was to be used as alleged, and in the latter case that the
provisions of subsection (2) (a) have been complied
with.
(6)
Subsections (1) and (3) shall not apply to the
receipt by any co-operative society registered under the Co-operatives Act 1992 of any wool,
hides, or skins for the purposes of carrying out classing, repacking, weight
adjusting, pooling, or otherwise treating such wool, hides, or skins, for sale
by an auctioneer licensed under the Auctioneers and
Agents Act 1941, nor to or in respect of the purchase or
sale of:
(a)
wool, hides or skins sold, or which have been
sold by public auction or after offer at public auction,
or
(b)
fellmongered wool.
(7)
Nothing in this section shall be deemed to render
any contract for the sale of any wool, hide, or skin illegal or
void.
s 3: Am 1977 No 95,
Sch 2 (2); 1998 No 11, Sch 6.25.
4Licences
(1)
A licence shall be in or to the effect of the
form prescribed, shall specify the premises wherein the business is to be
carried on, and, unless sooner cancelled, shall remain in force for twelve
months from the date of its issue.
(2)
A licence may be renewed in the prescribed
manner, and on each renewal shall have effect for a further period of twelve
months.
(3)
(a)
A licence may be transferred upon the application
of the transferee, and a licence may, upon the application of the licensee, be
varied to authorise the carrying on of the business at any premises specified
in the licence instead of at the premises previously so
specified.
(b)
Where a licence is transferred the fact and date
of the transfer and the name and description of the person to whom the licence
is transferred and the description of the premises at which the business is to
be carried on shall be endorsed upon the licence, and the person named as the
transferee or the premises described in such indorsement shall thereupon and
thenceforth for all purposes be deemed to be the person to whom or the
premises in respect of which the licence was
granted.
(4)
A licence may be issued to any person, or to any
firm, company, partnership, society, association, or body of persons corporate
or unincorporate: Provided that the licence may in any such latter case be
suspended or cancelled if such firm, company, partnership, society,
association, or body of persons does not comprise or has not in its employ at
each of its branch premises wherein the business is carried on at least one
licensee under this Act. Such suspension or cancellation to be in addition to
any individual penalty imposed on any person for any offence under this
Act.
s 4: Am 1977 No 95,
Sch 1 (1).
5Procedure
(1)
An application for the issue, renewal, variation,
or transfer of a licence shall be in or to the effect of the form prescribed,
and shall be lodged with the clerk of the local court for the district in
which the business premises to which the application relates are situated, or
if there is more than one local court for that district, then with the clerk
of whichever of those local courts is nearest to such business
premises.
(2)
An application may be granted by:
(a)
the clerk of the court with whom the application
is lodged, or
(b)
the court with whose clerk the application is
lodged.
(2A)
The clerk of the court shall forthwith after an
application has been lodged with the clerk refer a copy of the application to
the officer-in-charge of police at the police station nearest to the business
premises to which the application relates and the application shall not be
granted unless:
(a)
a report made by that officer on the application
has been lodged with the clerk of the court to whom the application was made,
or
(b)
a period of 7 days has elapsed since the copy of
the application has been referred to that officer.
(2B)
An application shall not be granted by the clerk
of the court if the report referred to in subsection (2A) (a) has been made to
that clerk (whether or not within the period of 7 days referred to in
subsection (2A) (b)) and that report contains an objection to the grant of the
application on the ground that the applicant is not a fit and proper person to
be a licensee.
(3)
(a)
Upon the hearing of an application by the court
the applicant shall attend in person, or in the case of a company a
representative authorised under the seal of the company.
(b)
Upon the hearing of an application by the court
the applicant shall not be so required to attend unless notified by the clerk
of the court that the grant of his or her application will be objected to. The
notice shall set out shortly the nature of the objection proposed to be
made.
(4), (5)
(6)
Every application that is not granted by the
clerk of a local court shall be heard in open court, and the consideration of
the application shall be deemed to be a judicial
proceeding.
(7)
It shall be the duty of the court hearing an
application to refuse the issue, transfer, or renewal of a licence to any
applicant who is not a fit and proper person to be a
licensee.
(8)
A fee of two dollars or, where another amount is
prescribed as the fee, that other amount shall be paid for a licence or
renewal thereof. Where a licence or licences is or are issued to members or
employees of a firm, company, partnership, or similar body for the purpose of
carrying on business in any branch premises of such firm, company, partnership
or body already holding a licence the fee for each such additional licence and
for each transfer or renewal thereof shall be one dollar or, where another
amount is prescribed as the fee, that other amount.
s 5: Am 1977 No 95,
Schs 1 (2), 2 (3); 1982 No 168, Sch 1.
6Cancellation of
licence
(1)
If upon the hearing of a summons to show cause it
is made to appear to a local court constituted by a Magistrate that any
licensee:
(a)
has been convicted of an offence against this Act
or the regulations, or
(b)
is not a fit and proper person to be a
licensee,
the court may order that the licence be
cancelled.
(2)
Such person shall surrender the licence to the
clerk of the court.
(3)
The procedure on such summons shall be as
prescribed.
(4)
Such person shall be deemed to be unlicensed as
from the date of the final order or cancellation upon the
summons.
s 6: Am 1977 No 95,
Sch 2 (4); 1982 No 168, Sch 1.
7Record to be
kept
(1)
Every licensee shall in the forms prescribed,
keep in a legible manner in a written record, including a store book and a
cart book, full particulars of all the licensee’s dealings in wool,
hides, or skins.
Each entry in a store book or a cart book shall
be made in duplicate and shall be signed by the person selling the wool, hide,
or skins referred to in such entry.
(2)
The record shall be open to inspection at all
reasonable times by any member of the police force.
Every licensee upon being required so to do,
shall produce the record kept by the licensee for inspection by a member of
the police force.
(3)
Every licensee shall keep all lots or parcels of
wool, hides, or skins bought or received by the licensee (other than lots
bought from a licensed auctioneer at public auction or after offer at public
auction) together with the container thereof (if any) for a period of
twenty-four hours or such further period not exceeding three days as may be
specified in a notice given to the licensee by the local officer-in-charge of
police after the same have been bought or received by the licensee without
altering or obliterating any brand, marking, or writing on the hides, skin,
wool, or containers, or disposing of the same in any way:
Provided that the local officer-in-charge of
police may before the expiration of any such period issue to the licensee a
permit in the prescribed form authorising the licensee to deal with any such
lot or parcel in the manner specified in the permit; and thereupon the
licensee may, notwithstanding that any such period has not elapsed, deal with
such lot or parcel in the manner specified in such
permit.
(4)
Any person who contravenes any of the provisions
of this section shall be guilty of an offence against this
Act.
s 7: Am 1977 No 95,
Sch 2 (5).
8Powers of members of police
force
Any member of the police force may at all
reasonable times:
(a)
enter and search any premises used, whether by a
licensee or not, for the purpose of storing wool, hides, or skins, or which
the member of the police force has reasonable cause to believe is being used
for such purpose,
(b)
search, or stop and search, any vehicle used,
whether by a licensee or not, for the purpose of carrying wool, hides, or
skins, or which the member of the police force has reasonable cause to believe
is being used for such purpose,
(c)
inspect any wool, hides, or skins found in or on
such premises or vehicle,
(d)
inspect any such record book as is referred to in
section 3 (2).
s 8: Am 1977 No 95,
Sch 2 (6).
9Obstruction of police
officers
Any person who in any way obstructs, hinders,
prevents, or interferes with any member of the police force in the exercise of
any of the powers conferred or the discharge of any of the duties imposed on
the member of the police force by this Act shall be guilty of an offence
against this Act.
10Name etc to be kept posted
up
Every licensee shall at all times keep
conspicuously painted or otherwise marked on all premises and on every vehicle
used by the licensee in the course of or in connection with the
licensee’s business as a licensee in such manner and situation as may be
prescribed, the initials of the licensee’s christian names together with
the licensee’s surname, and the words “Licensed Dealer in Hides,
Skins, and Wool”.
11Unlicensed person pretending
to be licensed
Any person who not being a licensee:
(a)
takes, uses, or exhibits the name or title of or
in any way pretends to be a licensee, or
(b)
takes, uses, or exhibits any title or term which
may be construed to mean that the person is licensed to carry on the business
of buying wool, hides, or skins,
shall be guilty of an offence against this
Act.
12Offences:
penalty
(1)
Any person who contravenes any of the provisions
of this Act shall be guilty of an offence against this
Act.
(2)
Every person guilty of an offence against this
Act shall be liable upon summary conviction to a penalty not exceeding one
hundred dollars, or to imprisonment for a term not exceeding twelve
months.
(3)
Any penalty imposed by the Act or the regulations
may be recovered in a summary manner.
(4)
In any proceedings for an offence against section
3 or section 11 the onus shall be on the defendant to prove that the defendant
is a licensee.
(5)
In any proceedings for an offence against this
Act, every entry in any record or book kept or belonging to any licensee or
person, or found on the licensee’s or person’s premises, shall be
deemed unless the contrary is shown, to have been made by or under the
authority of such licensee or person.
(6)
In any proceedings against a licensee for an
offence against this Act, the licensee shall produce his or her licence to the
court before which the proceedings are taken.
(7)
The court before which a licensee is convicted of
an offence against this Act may, in addition to any penalty imposed, order
that the licence be cancelled, and may indorse thereon a memorandum of such
conviction and cancellation; and in such case the licence shall be retained by
the clerk of the court, and the licensee shall be deemed to be unlicensed as
from the date of the order.
s 12: Am 1977 No 95,
Sch 2 (7); 1982 No 168, Sch 1; 2001 No 121, Sch 2.203 [1].
13Appeal
(1)
Any person aggrieved by a refusal to grant an
application under this Act, or by an order for the cancellation of a licence,
may appeal from such refusal or order to the District Court in its criminal
and special jurisdiction.
(2)
The provisions of Part 3 of the Crimes (Local Courts Appeal and Review) Act
2001 shall apply mutatis mutandis to appeals under this
section.
s 13: Am 1977 No 95,
Sch 2 (8); 1998 No 137, Sch 2.25; 2001 No 121, Sch 2.203 [2].
14Regulations
(1)
The Governor may make regulations not
inconsistent with this Act, prescribing all matters which are required or
authorised to be prescribed, or which are necessary or convenient to be
prescribed for carrying out or giving effect to this Act, and in particular,
and without limiting the generality of the foregoing power, the Governor may
in such regulations:
(a)
prescribe the forms of licences and of renewals
and transfers of licences and of applications for the
same,
(b)
provide for the issue of duplicate licences to
replace licences which have been accidentally lost or destroyed, the procedure
to be adopted for obtaining duplicate licences, and the fees payable
therefor,
(c)
prescribe the manner and situation of painting or
otherwise marking on premises and vehicles used by a licensee in the course of
the licensee’s business as such licensee the words required by section
10,
(d)
provide for the disposal by the clerk of the
court of licences retained by the clerk or surrendered on
cancellation,
(e)
impose penalties not exceeding in any case one
hundred dollars for any contravention or breach of a
regulation.
(2)
s 14: Am 1977 No 95,
Sch 2 (9); 1987 No 48, Sch 32.