An Act to make better provision for the destruction of wild dogs in the Western Division; to provide for the imposition of a rate upon the owners and occupiers of land in the Western Division; to amend certain Acts; and for purposes connected therewith.
Part 1 Preliminary
pt 1, hdg: Ins 1979 No 143, Sch 2 (1).
1 Name of Act and commencement
This Act may be cited as the Wild Dog Destruction Act 1921 and shall come into force on a date to be notified by the Governor in the Gazette.s 1: Am 1979 No 143, Sch 2 (2).
1A (Repealed)
s 1A: Ins 1979 No 143, Sch 2 (3). Am 1981 No 83, Sch 1. Rep 1985 No 195, Sch 1 (1).
2 Application of Act
This Act shall apply to the Western Division only.
3 Definitions
(1) Unless the context otherwise requires:Authorised person means a person authorised by the Commissioner or the board.Board means the Wild Dog Destruction Board constituted under this Act.Commissioner means the Western Lands Commissioner holding office as such under Part 2 of the Public Sector Management Act 1988.Dog-proof fence means a fence which is sufficient for the exclusion of wild dogs.Occupier means person entitled for the time being to possession of land, and includes the resident manager where the occupier does not reside on the land.Owner includes:(a) the holder, or the holder subject to mortgage, of any lease or licence, or promise of any lease or licence, from the Crown, and(b) a person to whom the Crown has contracted to sell land under the Crown Lands Acts, and(c) persons for the time being in the authorised charge or possession of land.Queensland Border Fence means the fence known by that name and erected on or near the northern border of New South Wales and extending from or near the western border of New South Wales at its junction with the said northern border for approximately 349 kilometres easterly to a point approximately 16 kilometres east of Hungerford, other than such portion of the fence as may, from time to time, be determined by the board and notified in the Gazette.Scalp means:(a) a portion of the skin of a wild dog from the point of the nose to the tip of the tail including both ears, or(b) such other portion of the skin as may, from time to time, be determined by the board and notified in the Gazette.South Australian Border Fence means the fence known by that name and erected on or near the western border of New South Wales and extending from or near the northern border of New South Wales at its junction with the said western border for approximately 257 kilometres southerly, other than such portion of the fence as may, from time to time, be determined by the board and notified in the Gazette.Western Division means the Western Division within the meaning of the Crown Lands Act 1989.Wild dog includes any dingo or native dog, or any dog which has become wild, or any dog which apparently has no owner and is not under control.(2) Notes included in this Act do not form part of this Act.s 3: Am 1950 No 35, sec 2 (c); 1957 No 40, sec 3 (a); 1974 No 51, Sch; 1975 No 53, Sch; 1980 No 196, Sch 1; 1985 No 195, Sch 1 (2); 1992 No 57, Sch 1; 2007 No 27, Sch 2.61.
Part 2 Wild Dog Destruction Board
pt 2, hdg: Ins 1979 No 143, Sch 2 (4).
3A The Wild Dog Destruction Board
(1) There shall be constituted for the purposes of this Act a Wild Dog Destruction Board.(2)(a) The board shall be a body corporate under the name of “The Wild Dog Destruction Board” with perpetual succession and a common seal and shall be capable by that name of suing and being sued and, subject to this Act, of purchasing, holding, granting, demising, disposing of or otherwise dealing with real and personal property and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.(b) All courts and persons having by law or consent of parties authority to hear, receive, and examine evidence shall take judicial notice of the seal of the board affixed to any document and shall, until the contrary is proved, presume that such seal was properly affixed thereto.(2A) The board cannot employ any staff.Note—Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the board to exercise its functions.(3) The board shall consist of six members.(4) The Commissioner shall be a member and the chairperson of the board. During such time as the Commissioner is prevented by absence, illness or otherwise from acting in the office of chairperson of the board an Assistant Western Lands Commissioner to be nominated by the Commissioner shall act as chairperson of the board and while so acting such Assistant Western Lands Commissioner shall be deemed to be a member of the board and shall have the powers, authorities, duties and functions of the chairperson.(5) The remaining members (hereinafter referred to as appointed members) shall be appointed by the Governor. Of the members so appointed:(a) two are to be appointed on the nomination of the livestock health and pest authority for the Western Livestock Health and Pest District,(b) one is to be appointed on the nomination of the livestock health and pest authority for the Darling Livestock Health and Pest District,(c) (Repealed)(d) one shall be appointed on the nomination of the Pastoralists’ Association of West Darling,(e) one shall be appointed on the nomination of the New South Wales Farmers’ Association Western Division Council.(6) No person shall be nominated or appointed as a member of the board unless that person is ordinarily resident in the Western Division and is ordinarily engaged in pastoral pursuits on land within that Division.(7) The provisions of the Public Sector Management Act 1988 shall not apply to or in respect of the appointment of any member of the board, and any such member shall not, in his or her capacity as such member, be subject to the provisions of that Act during his or her term of office.(8) If any of the livestock health and pest authorities specified in subsection (5) is dissolved or the association or council so specified ceases to exist or any body which has in accordance with the provisions of this subsection been substituted for any such authority, association or council ceases to exist the Minister may, by notice published in the Gazette, declare that some other body specified in the notice (being a body which, in the opinion of the Minister, has similar objects or represents similar interests to those of or represented by the authority, association, council or body for which it is being substituted) shall be substituted for such authority, association, council or body, and thereupon subsection (5) shall, until a further notice in respect of such authority, association, council or body is so published under the provisions of this subsection, be deemed to be amended by deleting therefrom the name of such authority, association, council or body and by inserting in lieu thereof the name of the body so substituted.(9) An appointed member shall, subject to this Act, hold office for the term specified in the instrument of appointment (not exceeding 3 years) and shall, if otherwise qualified, be eligible for reappointment.(10) (Repealed)(11) Meetings of the board shall be held at such times and at such places as are from time to time determined by the chairperson but a meeting of the board shall be held not less than once in every three months.(12) A quorum of the board shall consist of the chairperson of the board or the Assistant Western Lands Commissioner authorised by subsection (4) to act as chairperson and two other members of the board.(13) The chairperson of the board or in the chairperson’s absence the Assistant Western Lands Commissioner authorised by subsection (4) to act as chairperson shall preside at all meetings of the board and, in the event of an equality of votes, shall have a casting vote as well as a deliberative vote.(14) No act or proceeding of the board shall be invalidated or prejudiced by reason only of the fact that, at the time such act or proceeding was done, taken or commenced, there was a vacancy in the office of any appointed member.(15) The appointed members shall be entitled to receive such fees and travelling or other expenses as the Minister may from time to time determine.s 3A: Ins 1957 No 40, sec 2. Am 1975 No 53, Sch; 1985 No 195, Sch 1 (3); 1988 No 92, Sch 26; 1989 No 226, Sch 2; 1990 No 46, Sch 1; 1992 No 57, Sch 1; 2006 No 2, Sch 4.80 [1]; 2008 No 112, Sch 6.34 [1] [2]; 2011 No 27, Sch 1.14 [1].
3B Power of the Minister in default of nomination
Where any livestock health and pest authority, association, council or body entitled to make a nomination under section 3A does not forward such nomination so as to reach the Minister within the time limited by a notice forwarded to such authority, association, council or body by the Minister and requiring it to make such nomination the Minister may make such nomination which shall, for the purposes of this Act, be deemed to have been made by such authority, association, council or body, as the case may be.s 3B: Ins 1957 No 40, sec 2. Am 1985 No 195, Sch 1 (4) (5); 1992 No 57, Sch 1; 2008 No 112, Sch 6.34 [2].
3C Extraordinary vacancy
(1) An appointed member shall be deemed to have vacated office if the member:(a) dies,(b) resigns the office by instrument in writing addressed to the Minister,(c) is absent from three consecutive meetings of the board, of which reasonable notice has been given to the member either personally or in the ordinary course of post, except on leave granted by the board,(d) is convicted of a serious indictable offence,(e) becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act 1958 or a person under detention under Part 7 of that Act,(f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or(g) ceases to hold office pursuant to subsection (2).(2) The Governor may:(a) upon a request to do so being made to the Governor by any board, association, council or body on whose nomination any member was appointed to the board, or by any body which has in accordance with the provisions of subsection (8) of section 3A been substituted for any such board, association, council or body, remove that member from office,(b) for any other cause which appears to the Governor to be sufficient remove any member, other than the chairperson, from office.s 3C: Ins 1957 No 40, sec 2. Am 1975 No 53, Sch; 1985 No 195, Sch 1 (5); 1990 No 46, Sch 1; 1999 No 94, Sch 4.171.
3D Casual vacancy
Where a casual vacancy occurs in the office of a member appointed by the Governor, the Governor may appoint a person to the vacant office. The person so appointed shall be appointed on the nomination of the rural lands protection board, association, council or body on whose nomination the member whose office has become vacant was appointed, or where any body has in accordance with the provisions of section 3A (8) been substituted for any such board, association, council or body, on the nomination of the body so substituted, and shall, subject to this Act, hold office for the term specified in the instrument of appointment (not exceeding 3 years).s 3D: Ins 1957 No 40, sec 2. Am 1985 No 195, Sch 1 (5) (6); 1992 No 57, Sch 1; 2011 No 27, Sch 1.14 [2].
3E Removal of board from office and appointment of administrator
(1) Where the board has failed or neglected to make or levy rates as required by this Act or otherwise to exercise or discharge its powers, authorities, duties and functions under this Act in any material respect, the Governor may, by proclamation published in the Gazette, remove all the members of the board from office as such members.(2) Where the Governor has pursuant to subsection (1) removed the members of the board from office, the Governor may, by proclamation at the same or any subsequent time, appoint an administrator who shall have the powers, authorities, duties, functions and liabilities of the board and who shall be paid out of the Wild Dog Destruction Fund established by this Act such salary as the Governor may from time to time determine.(3) At any time after the appointment of an administrator as aforesaid, the Governor may in accordance with and subject to the provisions of section 3A appoint the persons to be appointed as members of the board under subsection (5) of that section and thereupon:(a) the Commissioner shall resume office as a member and the chairperson of the board, and(b) the administrator shall cease to hold office as such.s 3E: Ins 1957 No 40, sec 2.
3F Use of services of officers and employees of the Public Service
(1) The board may, with the approval of the Minister of the Department concerned, and on such terms as may be agreed upon, arrange:(a) for the carrying out by such Department or by an officer or employee of such Department of any administrative work required or authorised by or under this Act to be carried out by the board or for the compiling and keeping of any records (including the rate-book to be kept by the board under section 13) necessary for the purposes of the board, and(b) for the purposes of this Act to have access to and make use of any records or documents kept or held by any such Department.In this subsection Department includes the office of the Commissioner.(2) The board may delegate to any member or employee of the board any of its powers, authorities, duties and functions (other than the power conferred on the board by this subsection) and any such member or employee may exercise and perform such of the board’s powers, authorities, duties and functions as may have been so delegated to the member or employee.Notwithstanding any such delegation the board may continue to exercise and perform any of the powers, authorities, duties and functions so delegated.The board may at any time revoke any such delegation.s 3F: Ins 1957 No 40, sec 2.
3G Rights, liabilities and property
On and from the commencement of the Wild Dog Destruction (Amendment) Act 1957 the following provisions shall have effect:(a) All property (in this section referred to as transferred property) whether real or personal, which immediately before that commencement was held by the Commissioner for the purposes of this Act shall vest in and belong to the board for such purposes.(b) All moneys, liquidated and unliquidated claims which immediately before that commencement, were payable to or recoverable by the Commissioner under this Act shall be moneys, liquidated and unliquidated claims payable to or recoverable by the board.(c) All suits, actions and proceedings pending immediately before that commencement at the suit of the Commissioner in relation to any matters under this Act or the transferred property or any part thereof shall respectively be suits, actions and proceedings pending at the suit of the board.(d) All contracts, agreements and undertakings entered into for the purposes of this Act with the Commissioner and in force immediately before that commencement shall respectively be deemed to be contracts, agreements and undertakings entered into with the board.(e) The board may pursue the same remedies for the recovery of any such moneys and claims and for the prosecution of such suits, actions and proceedings as the Commissioner might have done but for the Wild Dog Destruction (Amendment) Act 1957.(f) All debts due and moneys payable by, and all claims, liquidated or unliquidated, recoverable against the Commissioner solely in relation to any matter under this Act or the transferred property or any part thereof shall be debts due and moneys payable by and claims recoverable against the board.(g)(i) Every person who immediately before that commencement was an employee of the Commissioner employed under this Act shall upon that commencement become an employee of the board.(ii) The period of service with the Commissioner of any person who by virtue of this paragraph becomes an employee of the board shall be deemed to be service with the board for the purposes of the terms and conditions, relating to annual leave, sick leave or long service leave, of any staff agreement or of any award or agreement made under the Industrial Arbitration Act 1940, or for the purposes of the Annual Holidays Act 1944 or the Long Service Leave Act 1955.(iii) Any such person shall not be entitled to claim benefits under this Act as well as under any other Act in respect of the same period of service.s 3G: Ins 1957 No 40, sec 2. Am 1975 No 53, Sch.
Part 3 Destruction of wild dogs
pt 3, hdg: Ins 1979 No 143, Sch 2 (5).
4 Owner or occupier to destroy wild dogs
It shall be the duty of the owner or occupier of any land, at all times, at the owner’s or occupier’s own cost, to destroy all wild dogs upon such land.
5 Power of entry upon land
The board, or the Commissioner, or any other member of the board, or any authorised person may enter upon any land at any time, and remain upon such land, and take all such steps as are necessary for the purpose of ascertaining whether the requirements of this Act are being carried out.s 5: Am 1950 No 35, sec 2 (d); 1957 No 40, sec 3 (b).
6 Notice to owner or occupier
Where the board has reason to believe that there are wild dogs upon any land it may, by notice in writing, require the owner or occupier of such land to do such acts and take such steps as are specified in the notice within the time specified therein for the more effective destruction of wild dogs upon such land.s 6: Am 1950 No 35, sec 2 (e); 1957 No 40, sec 3 (c).
7 Failure to comply with notice
Any owner or occupier who:(a) does not forthwith after service upon the owner or occupier of the notice referred to in section 6, commence to comply therewith, orshall be deemed to have failed to comply with such notice.(b) having so commenced, does not continue such compliance,s 7: Am 1979 No 143, Sch 2 (6).
8 Payment to Wild Dog Destruction Fund
(1) If the board is satisfied that any owner or occupier who has been served with a notice under section 6 has failed to comply therewith, the board may, by written notice to such owner or occupier, require such owner or occupier to pay to the Wild Dog Destruction Fund such sum, not exceeding $1,000, as the board shall determine:Provided that the board shall not so require or determine until the board has given the owner or occupier an opportunity of showing by writing or otherwise that the owner or occupier has complied with the notice.(2) The sum so determined and required to be paid shall constitute a debt due by such owner or occupier to the board, and may be recovered by the board from such owner or occupier in any court of competent jurisdiction.(3) The payment of such sum shall not exempt the owner or occupier from any other liability imposed by this Act.s 8: Am 1950 No 35, sec 2 (f); 1957 No 40, sec 3 (d); 1979 No 143, Sch 2 (7); 1985 No 195, Sch 1 (7).
9 Powers of authorised person
Where the board is satisfied that an owner or occupier has failed to comply with a notice under section 6 an authorised person may:(a) enter upon the land referred to in the notice with or without assistants, horses and vehicles,(b) use all such means and do all such acts as the authorised person considers necessary to ensure the destruction of wild dogs upon such land,(c) remain upon and shall have free right of access into and over such land for such period, and at such times as may be necessary for destroying wild dogs upon such land.s 9: Am 1950 No 35, sec 2 (g); 1957 No 40, sec 3 (e).
9A Erection of dog-proof fences by board
The board may for the purpose of maintaining an efficient barrier against wild dogs enter or authorise any person to enter upon any land in the vicinity of the Queensland Border Fence or the South Australian Border Fence and erect thereon a dog-proof fence or convert any existing fence into a dog-proof fence and maintain or repair such fence.s 9A: Ins 1950 No 35, sec 2 (a). Am 1957 No 40, sec 3 (f).
10 Authorised person not to be deemed a trespasser
No authorised person or person employed by the board shall be deemed a trespasser or be liable for any damage occasioned by the person in the exercise of the person’s authority or in the course of the person’s employment, unless such damage is occasioned wilfully and without necessity.s 10: Am 1950 No 35, sec 2 (h); 1957 No 40, sec 3 (g); 1975 No 53, Sch.
11 Recovery of expenses incurred by the board
Any expense certified by the board as having been incurred or paid by it or on its behalf upon or in relation to any land in the exercise of any of the powers conferred on the board by section 9 shall be a debt due by the owner or occupier of the said land to the board and may be recovered by the board in any court of competent jurisdiction.s 11: Am 1950 No 35, sec 2 (i). Subst 1957 No 40, sec 3 (h).
Part 4 Finance
pt 4, hdgs: Ins 1979 No 143, Sch 2 (8).
Division 1 Rates
11A Definitions
In this Division:year means year commencing 1 January.s 11A: Ins 1985 No 195, Sch 1 (8).
12 Rate to be imposed
(1) Except as provided in this section, the board shall in each year impose and collect a rate for that year not exceeding the prescribed amount per hectare per annum on all land in the Western Division, except land within an area within the meaning of the Local Government Act 1993 (other than an area that was constituted as a shire immediately before 1 July 1993), a town or a village.(1A) For the purposes of subsection (1), the prescribed amount is 1 cent or, where a larger amount is prescribed by regulation made under this Act, that larger amount.(2) The rate imposed in respect of any land shall be payable by the owner or occupier of such land and until payment thereof shall remain a charge upon such land, and shall have priority over all mortgages or other charges thereon other than debts due to the Crown:Provided that where the board certifies that it is unnecessary to continue to impose a rate, the Governor may by proclamation in the Gazette suspend the imposition and collection of such rate.(3) The board shall not in any year impose or collect a rate under subsection (1) on any land if the total area of:(a) that land, andis less than the minimum rateable area determined in respect of that year by the board with the approval of the Minister.(b) where the person liable for the rate on that land is also liable for the rates imposed under subsection (1) on any other land—that other land,(4) Where payment of the rate imposed in respect of any land is overdue and the board is of the opinion that the rate is not substantially more than it would cost the board to recover it, the board may write off that rate and, notwithstanding anything in this Act:(a) the board shall not at any time thereafter take proceedings for the recovery of that rate, and(b) that rate shall not thereafter be a charge on the land in respect of which it was imposed.(5) The provisions of this section have effect despite anything contained in section 42 of the Real Property Act 1900.s 12: Am 1950 No 35, sec 2 (b) (j); 1957 No 40, sec 3 (i); 1974 No 51, Sch; 1975 No 53, sec 2; 1979 No 143, Sch 1 (1); 1985 No 195, Sch 1 (9); 1995 No 11, Sch 1; 2009 No 17, Sch 3.23.
12A Overdue rates
(1) Overdue rates shall be increased in accordance with this section.(2) Where payment of the whole or any part of a rate imposed in respect of any land, in the year commencing 1 January 1986, or in a subsequent year, has not been made at the expiration of 12 months from the date when the rate was due and payable to and recoverable by the board, the amount due shall be increased by a sum calculated at the prescribed rate per cent per annum and the increase shall be deemed to be part of the rate.(3) The calculation under subsection (2) shall be made in respect only of as many complete months as have expired between the due date and the date of payment, excluding any remaining portion of a month.(4) If in any case the percentage is less than 10 cents, the increase shall be 10 cents.(4A) Despite subsection (2), if the Minister is satisfied that circumstances warrant it, the Minister may:(a) direct that an amount due not be increased in accordance with subsection (2),(b) grant an extension of time after the due date during which the amount due will not be increased, or(c) remit the payment of the whole or any part of the sum by which the amount due is increased under subsection (2).(4B) No refund shall be made as a consequence of a direction or remission under subsection (4A).(5) This section shall continue to apply to all unpaid rates notwithstanding that judgment may have been obtained in any court.s 12A: Ins 1985 No 195, Sch 1 (10). Am 1987 No 209, Sch 40.
13 Record of rates
(1) Particulars of the rate payable by any person shall be kept in a register.(2) The register may be kept:(a) by recording or storing the particulars by means of a mechanical, an electronic or other device, or(b) in any other manner approved by the Minister.(3) The register kept under this section shall be available for inspection:(a) in written form, orat all reasonable times.(b) in the form of a document containing a clear reproduction in whole or in part of the particulars recorded,(4) A writing that purports to reproduce the particulars of the rate payable by any person recorded or stored by means of a mechanical, an electronic or other device shall:(a) be deemed, in the absence of evidence to the contrary, to be a reproduction of those particulars, and(b) be evidence of the amount of the rate payable by the person.s 13: Am 1937 No 19, sec 3 (1). Subst 1985 No 195, Sch 1 (11).
14 Payment of rates
(1) A notice, in or to the effect of the prescribed form, of:(a) the amount of the rate imposed in respect of any land, andshall be given to the person liable to pay the rate.(b) the date on which the rate is due and payable to and recoverable by the board,(2) A rate is due and payable to and recoverable by the board:(a) on a date specified in a notice given under this section, orwhichever is the later.(b) at the expiration of 28 days after the notice is given,(3) The amount specified in a notice given under this section is payable to such person or bank, building society or credit union as is specified in the notice.(4) Notwithstanding subsection (2), the amount of any rate due may, if the board so directs, be paid by instalments.s 14: Am 1950 No 35, sec 2 (k); 1957 No 40, sec 3 (j). Subst 1985 No 195, Sch 1 (12). Am 1996 No 24, Sch 1.
15 Land enclosed by dog-proof fence
Where any owner or occupier, or group of owners or occupiers, satisfies the board that the owner or occupier or group has enclosed the owner’s or occupier’s or group’s land with a dog-proof fence, the rate imposed under this Act in respect of the land so enclosed shall be reduced by one-half during the period that such fence is maintained and repaired to the satisfaction of the board by such owner or occupier or group of owners or occupiers.s 15: Am 1950 No 35, sec 2 (l); 1957 No 40, sec 3 (k).
16 Effect of charge upon land
Whenever by this Act any sum is expressed to be charged upon any land, any person thereafter becoming the owner of such land shall be deemed to have notice of such charge, and shall be liable to pay the sum so charged, or so much thereof as may for the time being be unpaid, as if he or she were the person originally liable; but nothing in this section shall operate to discharge the liability of any person previously liable therefor: Provided always that such charge shall be entered in the register kept under section 13 as against such land at the date of transfer, and it shall be the duty of the board when and so often as any land becomes chargeable with any sum under this Act, to have an entry of the same made as aforesaid.s 16: Am 1950 No 35, sec 2 (m); 1957 No 40, sec 3 (l); 1985 No 195, Sch 1 (13).
17 Powers of mortgagee and trustee
It shall be lawful for any person in whom any land is vested as mortgagee to add to the person’s mortgage debt any sums expended by or recovered from the person towards the erection or maintenance or repair of a dog-proof fence upon, near, or for the benefit of such land; and it shall be lawful for any person in whom any land is vested as a trustee to raise the sums required or recovered for any such purpose by mortgage of such land in the same way as if a power to mortgage for all or any of such purposes had been contained in the instrument creating or declaring the trust.
Division 2 Subsidy
pt 4, div 2, hdg: Ins 1979 No 143, Sch 2 (9).
18 Payment of subsidy
Commencing in the year 1986, in each year there shall be paid from the Consolidated Fund to the Wild Dog Destruction Fund, without further appropriation than this Act:(a) a sum, determined by the Treasurer, that does not exceed the total amount of rates collected under this Act during the preceding year, orwhichever is the greater.(b) the sum of $100,000,s 18: Am 1957 No 40, sec 3 (m). Subst 1968 No 38, sec 2; 1971 No 51, sec 2; 1977 No 14, sec 2; 1979 No 143, Sch 1 (2); 1985 No 195, Sch 1 (14).
Division 3 Wild Dog Destruction Fund
pt 4, div 3, hdg: Ins 1979 No 143, Sch 2 (10).
19 Wild Dog Destruction Fund
(1) The board is to maintain an account or accounts with a bank, building society or credit union approved by the Treasurer. That account or those accounts are to be known as the Wild Dog Destruction Fund.(2) All money received from all sources under this Act is to be paid into the fund.(3) The regulations may govern the operation of the fund.(4) The board shall upon a request to do so being made by any person duly authorised in writing by the Auditor-General or by the Minister produce or cause to be produced for inspection to that person all books, accounts, agreements, vouchers, letters or other documents, kept or held by it and relating to any matter under this Act.(5) The board may invest money in the fund:(a) in such manner as may be authorised by the Public Authorities (Financial Arrangements) Act 1987, or(b) if that Act does not confer power on the board to invest money—in accordance with the Trustee Act 1925 or in any other manner approved by the Minister with the concurrence of the Treasurer.s 19: Am 1950 No 35, sec 2 (n); 1957 No 40, sec 3 (n); 1975 No 53, Sch; 1985 No 195, Sch 1 (15); 1992 No 57, Sch 1; 1996 No 24, Sch 1.
20 Purposes for which Wild Dog Destruction Fund may be used
The Wild Dog Destruction Fund, after deduction of the cost of collection of such moneys and of necessary supervision and administration shall be used by the board for:(a) the erection, conversion, maintenance or repair of the Queensland Border Fence, the South Australian Border Fence and any fence which the board may erect, convert, maintain or repair under section 9A and any purpose connected therewith,(b) the payment of fees and travelling or other expenses, which the appointed members of the board are entitled to receive under section 3A (15), and remuneration and allowances to employees of the board and allowances for scalps,(c) the repayment of money borrowed under this Act,(d) the payment of interest on money borrowed under this Act,(e) the payment of the expenses of the board in borrowing money under this Act,(e1) the expenditure incurred in the control or eradication of wild dogs in the Western Division, and(f) any other purpose approved by the Minister.s 20: Am 1934 No 12, sec 13 (b); 1957 No 40, sec 3 (o); 1979 No 143, Schs 1 (3), 2 (11); 1985 No 195, Sch 1 (16).
Division 4 Stamp duty
pt 4, div 4: Ins 1979 No 143, Sch 1 (4). Rep 1981 No 83, Sch 1. Ins 1989 No 89, Sch 1.
20A Stamp duty
No stamp duty is payable under the Stamp Duties Act 1920 in respect of any conveyance of property to the board.s 20A: Ins 1979 No 143, Sch 1 (4). Rep 1981 No 83, Sch 1. Ins 1989 No 89, Sch 1.
20B–20H (Repealed)
ss 20B–20H: Ins 1979 No 143, Sch 1 (4). Rep 1981 No 83, Sch 1.
Part 5 Miscellaneous
pt 5, hdg: Ins 1979 No 143, Sch 2 (12).
21 Payment for scalps
The board may determine the rate of payment for scalps, and may determine one rate for the whole of the Western Division or different rates for different portions of that division, and may alter or cancel any rate so determined. Notice of any rate so determined, or of any alteration or cancellation of a rate, shall be published in the Gazette and in such other manner as the board may consider expedient.s 21: Am 1950 No 35, sec 2 (o); 1957 No 40, sec 3 (p).
22 Description of land
For the purposes of this Act the description of any land shall be sufficient if it allows no reasonable doubt as to what land is referred to.
23 Service of notice
Any notice given under or for the purpose of this Act, or any regulation thereunder, may be served by registered letter, directed to the person to whom the notice is addressed at the last known place of abode or business of such person in this State.
24 (Repealed)
s 24: Am 1934 No 12, sec 13 (a); 1950 No 35, sec 2 (p); 1957 No 40, sec 3 (q). Rep 2006 No 2, Sch 4.80 [2].
25 False statement with respect to scalps
Any person who obtains or endeavours to obtain payment for scalps knowing that the same have already been paid for, or wilfully makes any false statement with respect to any scalps, is guilty of an offence and liable on conviction to a penalty not exceeding 10 penalty units.s 25: Am 1985 No 195, Sch 1 (17); 1992 No 112, Sch 1.
26 Possession of dingo
Any person who, without the written authority of the board, has in the person’s possession any dingo or half-bred dingo is guilty of an offence and liable on conviction to a penalty not exceeding 10 penalty units.s 26: Am 1950 No 35, sec 2 (q); 1957 No 40, sec 3 (r); 1985 No 195, Sch 1 (18); 1992 No 112, Sch 1.
27 Offences
Any person who:(a) carries, drives, or passes any wild dog into the Western Division, or(b) obtains payment for scalps of wild dogs not destroyed in the Western Division, or(c) leaves open any gate in a dog-proof fence, or(d) without lawful authority (the proof of which shall be on the person claiming to have the same), destroys, injures, tears up, depresses, cuts or removes any portion of a dog-proof fence or gate, or fence or gate apparently intended to protect any land from wild dogs, or excavates under, or in any way tampers with any portion of such fence or gate, so as to thereby endanger its effectiveness as a dog-proof fence or gate, oris guilty of an offence and liable on conviction to a penalty not exceeding 10 penalty units.(e) attempts to do any such act as is hereinbefore mentioned, or procures the same to be done,s 27: Am 1985 No 195, Sch 1 (19); 1992 No 112, Sch 1.
28 Destruction of traps
Any person who without lawful authority (the proof of which shall be on the person claiming to have the same), wilfully destroys, injures, removes, or interferes with any trap, snare, poison or thing which is used or required for the destruction of wild dogs, and which is lawfully placed upon any land for such purpose, is guilty of an offence and liable on conviction to a penalty not exceeding 10 penalty units.s 28: Am 1957 No 40, sec 3 (s); 1985 No 195, Sch 1 (20); 1992 No 112, Sch 1.
29 Personation or obstruction of authorised person
(1) Any person who falsely represents himself or herself to be, or personates, an authorised person is guilty of an offence and liable on conviction to a penalty not exceeding 10 penalty units.(2) Any person who hinders or obstructs the Commissioner, or the board, or any member of the board, or any authorised person in the discharge of any duty or the doing of any work imposed or authorised by this Act or necessary thereunder, or who causes the Commissioner or the board, or any member of the board, or any authorised person to be so hindered or obstructed, is guilty of an offence and liable on conviction to a penalty not exceeding 10 penalty units.s 29: Am 1950 No 35, sec 2 (r); 1957 No 40, sec 3 (t); 1985 No 195, Sch 1 (21); 1992 No 112, Sch 1.
30 Proceedings for offences
Proceedings for an offence against this Act or the regulations made under this Act shall be dealt with summarily before the Local Court.s 30: Am 1957 No 40, sec 3 (u). Subst 1985 No 195, Sch 1 (22). Am 2007 No 94, Sch 4.
31 Regulations
(1) The Governor may make regulations as to all matters that by this Act are required or permitted to be prescribed or that are necessary or convenient for giving effect to the objects and provisions of this Act.(2) (Repealed)s 31: Am 1937 No 35, Second Sch; 1975 No 53, Sch; 1979 No 143, Sch 1 (5); 1987 No 48, Sch 32.
Schedule 1 Savings and transitional provisions
Part 1 Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2011
1 Terms of office of members of the Wild Dog Destruction Board
The amendments to this Act made by the Statute Law (Miscellaneous Provisions) Act 2011 apply only to members of the Wild Dog Destruction Board appointed or reappointed after the commencement of those amendments.
sch 1: Ins 2011 No 27, Sch 1.14 [3].