An Act to provide for the establishment of a Cattle Compensation Fund and for the payment therefrom of compensation to owners of cattle and carcasses of cattle destroyed as suffering from disease; and for purposes connected therewith.
Part 1 Preliminary
1 Name of Act and commencement
(1) This Act may be cited as the Cattle Compensation Act 1951.(2) This Act shall commence upon a date to be appointed by the Governor and notified by proclamation published in the Gazette.
2 (Repealed)
s 2: Am 1956 No 28, sec 2 (a); 1976 No 11, Sch 1 (1). Rep 1993 No 21, Sch 1 (1).
3 Definitions
In this Act unless the context or subject matter otherwise indicates or requires:Abattoir means a place which is, or which is required to be, licensed premises within the meaning of the Meat Industry Act 1978.Approved form means a form approved for the time being by the Chief, Division of Animal Industries.Approved person means:(a) an inspector appointed under the Stock Diseases Act 1923, or(b) a person who is approved by the Minister either generally or in a particular case and who is:(i) a veterinary surgeon, within the meaning of the Veterinary Surgeons Act 1923, or(ii) a person employed as a veterinary surgeon under an Act of the Parliament of the Commonwealth.Carcass means carcass of any cattle.Cattle means any bull, cow, ox, steer, heifer or calf.Chief, Division of Animal Industries means the Chief, Division of Animal Industries in the Department of Agriculture.Disease means tuberculosis, bovine brucellosis, Johne’s disease and tick fever, and any other disease in respect of which the provisions of this Act are applied in pursuance of section 4.Fund means the Cattle Compensation Fund established under this Act.Market value:(a) in relation to cattle, means the value of the cattle calculated on the basis of a sale with delivery at the place where the cattle are situated when the cattle are ordered to be destroyed or when the cattle die or are injured, and on the basis that the cattle were free from injury and disease and were not unfit for human consumption, or(b) in relation to a carcass, means the value of the animal from which the carcass came immediately before being slaughtered, calculated on the basis of a sale with delivery at the place where the animal was slaughtered and on the basis that the animal was free from injury and disease and was not unfit for human consumption.Owner includes the authorised agent of the owner.Regulations means regulations made under this Act.s 3: Am 1956 No 28, sec 2 (b); 1968 No 34, sec 2 (a); 1973 No 50, sec 3; 1976 No 11, Sch 1 (2); 1978 No 7, Sch 1 (1); 1983 No 47, Schs 1 (1), 3 (1); 1992 No 34, Sch 1.
4 Diseases in respect of which Act applies
The Governor may by proclamation published in the Gazette declare that:(a) any disease of cattle,(b) any condition of ill-health or departure from the normal health of cattle, orshall be a disease in respect of which the provisions of this Act shall apply and any such proclamation may be varied or revoked by a like proclamation.(c) the infestation of cattle with any parasite, external or internal, and whether at an active or cystic stage of its life cycle,Editorial note—See proclamations published in Gazettes No 211 of 27.11.1953, p 3383 (Trichomoniasis); No 82 of 18.6.1976, p 2601 (Bovine brucellosis) and No 58 of 8.5.1992, p 3185 (Enzootic Bovine Leucosis).
Part 2 Cattle compensation
5 Compensation payable to certain owners
(1) Subject to this Act compensation shall be payable:(a) to the owner of any cattle destroyed pursuant to an order made or given under the authority of any Act because such cattle are suffering from or are suspected to be suffering from disease, or(b) to the owner of any carcass condemned at any abattoir under the authority of any Act as unfit for human consumption because of disease, or(c) to the owner of any cattle destroyed by the order of an approved person or an employee under an Act of the Parliament of the Commonwealth who, in his or her capacity as such, engages in the inspection of meat because such cattle are suffering from or are suspected to be suffering from disease, or(d) to the owner of any cattle in respect of which an order, referred to in paragraph (a) or (c), has been made or given, and which die as a result of disease before such order is complied with, or(e) to the owner of any cattle which die in New South Wales as a result of tick fever, not being cattle:(i) to which paragraph (a), (c) or (d) applies, or(ii) to the carcass or a portion of the carcass of which paragraph (b) applies, or(f) to the owner of any cattle which die in New South Wales as a result of, or which are destroyed pursuant to the order of an approved person given as a consequence of, an injury sustained by the cattle in New South Wales:(i) in the course of any testing or treatment of the cattle which is carried out in pursuance of a disease control or eradication programme conducted pursuant to, or under the authority of, the Stock Diseases Act 1923, ornot being an injury sustained by the cattle as a direct result of the failure by the owner of the cattle, or by the owner’s servants or agents, to exercise reasonable care in relation to the cattle.(ii) in the course of any mustering, yarding or other handling of the cattle carried out for the purpose of, or in connection with, testing or treatment referred to in subparagraph (i), whether the injury occurred before, during or after the testing or treatment,(1A), (2) (Repealed)s 5: Am 1956 No 28, sec 2 (c); 1976 No 11, Sch 1 (3); 1978 No 7, Sch 1 (2); 1983 No 47, Sch 1 (2); 1983 No 53, sec 3; 1992 No 34, Sch 1.
5A, 5B (Repealed)
s 5A: Ins 1956 No 28, sec 2 (d). Rep 1983 No 47, Sch 1 (3).
s 5B: Ins 1978 No 7, Sch 1 (3). Rep 1983 No 47, Sch 1 (3).
6 Amount of compensation
The amount of compensation payable in respect of cattle or a carcass to which section 5 applies is the market value of the cattle or carcass.s 6: Am 1956 No 28, sec 2 (e); 1962 No 23, sec 2; 1970 No 77, sec 2; 1976 No 11, Sch 1 (4); 1978 No 7, Sch 1 (4). Subst 1983 No 47, Sch 1 (4); 1992 No 34, Sch 1.
7 Determination of value of cattle or carcass destroyed
(1) For the purposes of this Act, the market value of any cattle or carcass is to be determined by agreement between the owner of the cattle or carcass and:(a) in the case of cattle to which section 5 (1) (a), (c) or (d) applies—the person or approved person, as the case may be, who made or gave the order for destruction of the cattle,(b) in the case of a carcass to which section 5 (1) (b) applies—the person under whose authority the carcass was condemned as unfit for human consumption because of disease,(c) in the case of cattle to which section 5 (1) (e) applies—a person appointed by the Minister for the purposes of this paragraph,(d) in the case of cattle to which section 5 (1) (f) applies which are destroyed pursuant to the order of an approved person—that approved person, or(e) in the case of cattle to which section 5 (1) (f) applies which die as a result of injury—an approved person, or a person appointed by the Minister for the purposes of this paragraph.(2) In default of such agreement the value shall be determined by some competent and impartial person nominated for the purpose by the Minister, and the determination of such person shall be final and conclusive.(3) Where the market value of any cattle or any carcass is determined for the purposes of this Act, the residual value of that cattle or carcass is to be determined in the manner specified in this section for the determination of the market value of the cattle or carcass.(4) The amount of any such residual value shall in every case be deducted from the amount payable as compensation under this Act.(5) Notwithstanding subsections (1) and (2), the market value of any one head of cattle shall, for the purposes of this Act, not exceed the amount determined by the Minister by order published in the Gazette.s 7: Am 1983 No 47, Sch. 1 (5); 1992 No 34, Sch 1.
8 Application for compensation
(1) Compensation is payable under this Act only if the owner of the cattle or carcass makes an application for compensation in an approved form within 60 days after the death or destruction of the cattle or the condemnation of the carcass. Any such application must be verified by statutory declaration as set out in the approved form.(2) The Minister may however authorise payment of compensation in respect of an application made after that period if the Minister is satisfied that there is a reasonable excuse for the delay in making the application.(3) The owner is to forward with the application a certificate in the approved form completed by:(a) the person with whom the owner is required to reach an agreement in respect of the market value of the cattle or carcass under section 7 (1), or(b) a person appointed by the Minister for the purposes of this subsection.(4) No compensation shall be payable:(a) if the head or part of the head only of a carcass is condemned,(b) in respect of cattle destroyed because they are suffering from disease, or which died as a result of disease, where in the opinion of the Chief, Division of Animal Industries the owner thereof has not, at a time when the owner ought reasonably to have known of the existence of such disease, given notice thereof to an inspector appointed under the Stock Diseases Act 1923,(c) in respect of any cattle destroyed because they are suffering or are suspected to be suffering from any disease, or which died as a result of disease, or in respect of the carcass of any cattle condemned as unfit for human consumption because of any disease where in the opinion of the Chief, Division of Animal Industries:(i) the owner thereof has purchased such cattle knowing or having reasonable cause to suspect that they were, at the time of such purchase, suffering from such disease, or(ii) the cattle were introduced into New South Wales and at the time of introduction they were known to be or there was reasonable cause to suspect that they were suffering from such disease,(d) unless the Chief, Division of Animal Industries is satisfied:(i), (ia) (Repealed)(ib) that any special rate levied in pursuance of section 16D and payable by the person claiming compensation has been paid, and(ii) that the owner claiming compensation has complied with this Act with respect to applications and claims for compensation,(e) in respect of cattle destroyed pursuant to an order referred to in section 5 (1) (a) or (c), made or given because the cattle are suffering from or are suspected to be suffering from bovine brucellosis, unless the cattle are destroyed at the place specified by the person who made or gave the order and the remains of the cattle are disposed of in the manner specified by that person, or(f) in respect of any cattle or a carcass, if compensation under this Act has previously been paid in respect of the cattle or carcass.(4A) Where no compensation in respect of cattle is payable by reason of subsection (4) (b) the Minister may, upon the written request of the owner of such cattle, consider the circumstances relating to the owner’s failure to give notice to an inspector appointed under the Stock Diseases Act 1923 of the disease in such cattle and any other relevant circumstances, and if the Minister is of the opinion that such circumstances so warrant, the Minister may approve of the payment of the whole of the compensation which would but for that paragraph have been payable or such part thereof as the Minister thinks reasonable.(5) No compensation or only such part of the compensation otherwise payable as the Chief, Division of Animal Industries thinks reasonable shall be payable under this Act to any owner if within the period of 2 years preceding the date of the owner’s application for compensation:(a) the owner has been convicted:(i) of an offence against this Act or the regulations,(ii) of an offence in connection with cattle against the Stock Diseases Act 1923, or the regulations made thereunder, or(iii) of an offence against any provision relating to diseases in cattle or cattle products or the carcasses of cattle or portions of a carcass contained in any Act or in any regulation made under any Act,(b) the owner has failed within the said period of 2 years to furnish a return in pursuance of section 39 of the Pastures Protection Act 1934, or a return in pursuance of section 16C of this Act, within the time prescribed by or under that Act or this Act, as the case may be, or the owner has furnished within the said period of 2 years any such return containing incorrect or misleading information.s 8: Am 1956 No 28, sec 2 (f); 1968 No 34, sec 2 (b); 1976 No 11, Sch. 1 (5); 1983 No 47, Schs 1 (6), 3 (2); 1992 No 34, Sch 1.
9 Compensation payable from Fund
Compensation payable under this Act shall be paid out of the Fund.s 9: Subst 1976 No 11, Sch 1 (6).
10 Compensation money may be applied in payment of debt to Government
Where any person to whom compensation is payable in accordance with the provisions of this Act is indebted to the Government of the State in respect of any advance of money or goods or other assistance rendered to the person the compensation may at the discretion of the Minister be applied in the first place in payment of the debt and the balance, if any, shall be paid to such person.
11 Persons trafficking in diseased cattle or carcasses with a view to compensation
Any person:(a) who buys or sells or attempts to buy or sell any cattle knowing or having reasonable cause to suspect such cattle to be diseased and with the intention (in the opinion of the court before which the person is charged) of making a claim or enabling any other person to make a claim for compensation therefor or in respect of the carcass, orshall be liable upon summary conviction to a penalty not exceeding 20 penalty units for every head of such cattle or, as the case may be, for every such last-mentioned carcass.(b) who buys or sells or attempts to buy or sell any carcass knowing or having reasonable cause to suspect such carcass to be diseased and with the intention (in the opinion of the court before which the person is charged) of making a claim or enabling any other person to make a claim for compensation in respect of such carcass,s 11: Am 1983 No 47, Sch 2 (1); 1992 No 34, Sch 1; 1992 No 112, Sch 1.
Part 3 Cattle Compensation Fund
Division 1 Establishment of Fund
pt 3, div 1, hdg: Ins 1956 No 28, sec 2 (g).
12 Establishment of Fund
(1) There shall be established and kept in the Treasury an account in Special Deposits Account to be called the Cattle Compensation Fund.(2) There shall be paid to the credit of the Fund:(a) (Repealed)(b) all penalties recovered under this Act,(c) all sums of money received by the Minister from pastures protection boards in pursuance of section 16H,(d) all sums of money received by the Treasurer in pursuance of section 16FA, and(e) any sums of money provided by Parliament, or received by the Treasurer, for the purposes of this Act.(3) The Fund shall be applied to the payment of:(a) claims for compensation in accordance with the provisions of this Act, and(b) amounts authorised under subsection (6), and(c) any expenses incurred in obtaining a determination of the value of cattle or of a carcass in accordance with section 7 (2) or (3).To meet the cost of administration of this Act there shall be paid out of the Fund to the credit of the Consolidated Fund in each year commencing on 1st July an amount equal to 1 per cent of the total sum paid to the credit of the Fund during the preceding period of 12 months.(4) Any sum at any time required for the payment of compensation under this Act may, so far as the Fund is insufficient for the payment thereof, be advanced by the Treasurer.(5) Any sum advanced by the Treasurer to the Fund in accordance with the provisions of this section shall remain a charge thereon to be recouped by the Fund when moneys at credit of the Fund are available.(6) The Minister may, with the concurrence of the Premier, authorise the Fund to be applied for:(a) the conduct by any person of research, inquiries, investigations, surveys and tests in relation to the cattle industry, and(b) any other purpose which is, in the opinion of the Minister, of benefit to the cattle industry.s 12: Am 1956 No 28, sec 2 (h); 1957 No 68, sec 4 (1) (a); 1976 No 11, Sch 1 (7); 1978 No 7, Sch 2; 1983 No 47, Sch 3 (3); 1992 No 34, Sch 1; 1993 No 21, Sch 1 (2).
Division 2
13–16A (Repealed)
pt 3, div 2, hdg: Ins 1956 No 28, sec 2 (i). Rep 1976 No 11, Sch 1 (8).
ss 13–16: Rep 1976 No 11, Sch 1 (8).
s 16A: Ins 1956 No 28, sec 2 (j). Rep 1976 No 11, Sch 1 (8).
Division 3 Levy of special rate by pastures protection boards on ownership of cattle
pt 3, div 3: Ins 1956 No 28, sec 2 (j).
16B Definitions
In this Division:Board means a pastures protection board for a district constituted or continued by or under the Pastures Protection Act 1934.District means a pastures protection district constituted or continued by or under the Pastures Protection Act 1934.s 16B: Ins 1956 No 28, sec 2 (j).
16C Returns to be made by owners of cattle
(1) Where, at 30th June in any year, a rate is prescribed for the purposes of this Division, a person who at midnight on that 30th June is the owner of cattle within a district shall in the prescribed manner and within the prescribed time furnish to the board for the district a return in or to the effect of the prescribed form in respect of cattle so owned by the person, other than cattle in respect of which the person is required to furnish a return of stock pursuant to section 39 (1) of the Pastures Protection Act 1934.(2) Any person who fails to comply with the provisions of subsection (1) or who furnishes any return containing any incorrect or misleading information, shall be liable on summary conviction to a penalty not exceeding 10 penalty units.Proceedings in respect of any offence against this subsection may, notwithstanding any limit of time prescribed by any Act for instituting proceedings, be commenced at any time within a period of 2 years after the commission of the offence.(3) Any return purporting to be furnished or signed by or on behalf of any person or persons shall be deemed to have been duly furnished by the person or persons until the contrary is proved.s 16C: Ins 1956 No 28, sec 2 (j). Am 1983 No 47, Schs 2 (2), 3 (4); 1992 No 112, Sch 1.
16D Levy of special rate by boards
(1) Where, at 30th June in any year, a rate is prescribed for the purposes of this Division, each board shall, after that 30th June, levy in respect of the following year a special rate in the amount of the rate so prescribed, which shall be levied on:(a) a person required by section 39 (1) of the Pastures Protection Act 1934 to furnish to the board a return of stock owned by the person at midnight on that 30th June:(i) where the return has been lodged in accordance with that Act—in respect of the number of cattle shown in the return as owned by the person, or(ii) where the return has not been lodged in accordance with that Act—in respect of the average number of cattle which the board determines could have been depastured, during the 5 years immediately preceding that 30th June, on the land in relation to which the return was required to be made, and(b) a person required by section 16C (1) to furnish to the board a return of cattle owned by the person at midnight on that 30th June:(i) where the return has been lodged in accordance with that subsection—in respect of the number of cattle shown in the return as owned by the person, or(ii) where the return has not been lodged in accordance with that subsection—in respect of the number of cattle which the board determines, from any information in its possession, is the number of cattle which would have been disclosed as owned by the person if the person had lodged the return in accordance with that subsection.(2) No rate shall be levied under this section on any person in any year where the number of cattle in respect of which such rate would, but for this subsection, be levied on that person in that year is less than 10.(3) The provisions of section 33 of the Pastures Protection Act 1934 shall apply to and in respect of any determination of a board made under subsection (1) (a) (ii) as if it were a determination as to the carrying capacity of land other than land used for agricultural purposes made in pursuance of such Act.s 16D: Ins 1956 No 28, sec 2 (j). Am 1976 No 11, Sch 1 (9); 1983 No 47, Schs 2 (3), 3 (5).
16E Levy of rates on occupiers of land
Subject to section 16D, the provisions of Part 3 of the Pastures Protection Act 1934 (other than section 27 (2), (3), (3A) and (4) and section 30 (3)) and of Part 10 of that Act shall mutatis mutandis apply to the making, calculation, notification, collection, payment and recovery of any rate levied under section 16D (1) on a person referred to in section 16D (1) (a).s 16E: Ins 1956 No 28, sec 2 (j). Am 1983 No 47, Schs 2 (4), 3 (6).
16F Levy of rates on owners of cattle who are not occupiers of land
(1) In this section rate means special rate levied under section 16D (1) on a person referred to in section 16D (1) (b).(2) Every rate shall be levied by the service of a notice of assessment. A notice of assessment shall be served within the prescribed time except where the return required by section 16C has not been furnished within the prescribed time in which case the notice may, notwithstanding anything contained in section 16D (1), be served at any time.(3) If for any reason a notice of assessment is not served within the time prescribed under this Act or if any irregularity in making an assessment or in serving a notice of assessment or of the alteration of an assessment affects or may be considered to affect the validity of any rate the Minister may extend the time for the service of notices of assessment and may authorise the doing by the board of such acts as may be necessary to cure the irregularity and to validate the rate.(4) Every rate shall be due and payable to and recoverable by the board by which it was levied after the expiration of 31 days after service of the notice of assessment.(5) A rate in respect of cattle owned jointly by 2 or more persons may be levied upon any one or more of such persons.All such persons shall be jointly and severally liable for the payment of the rate to the board which has levied the rate but as between themselves each shall only be liable for such part of the rate as is proportionate to the person’s interest in the cattle.If any of such persons pays to the board more than the person’s proportionate part the person may recover the excess by way of contribution from the others.(6) Where any cattle have not been included in the assessment of any rate a board may at any time cause the assessment to be altered so as to include such cattle, and the additional rate payable in consequence of such alteration shall be due and payable to and recoverable by the board after the expiration of 31 days after service of a notice of the alteration of the assessment.(7) A notice of assessment and a notice of the alteration of an assessment may be served in any one of the ways specified in section 166 (1) of the Pastures Protection Act 1934.(8)(a) Every rate shall be entered in an assessment book which shall be kept in the prescribed form and manner.(b) The board may, in the prescribed manner, make or cause to be made such amendments and may supply or cause to be supplied such omissions in the entries in the assessment book as may be necessary.(c) In any proceedings for the recovery of a rate:(i) an entry in the assessment book, being one of a series prescribed to be made, shall be evidence of the matters therein recorded, and(ii) a copy of an entry in an assessment book, being one of a series prescribed to be made, shall be evidence of the entry and of the matters therein recorded.(9) In any proceedings for the recovery of a rate, objection to the assessment or the validity of the rate shall not be allowed nor avail to prevent the recovery of the rate.Any person on whom a rate has been levied may, subject to section 16D (2) and subsection (3), object to the assessment or validity of the rate in such court and in such manner and upon such conditions and subject to such fees as may be prescribed.(10)(a) A board may with the approval of the Minister but not otherwise, remit or refund the whole or any part of a rate paid or payable under this section.(b) The Minister may authorise a board to write off the whole or any part of any rate if the Minister is satisfied that such rate or part is irrecoverable.s 16F: Ins 1956 No 28, sec 2 (j). Am 1983 No 47, Schs 2 (5), 3 (7).
16FA Surcharge of directors and servants of a board
(1) Where by the culpable negligence or misconduct of any director or servant of a board there has been a deficiency or loss incurred in the making, calculation, notification, collection, payment or recovery of any rate under this Division the Auditor-General may surcharge on such director or servant the amount of such deficiency or loss.(2) The provisions of section 19A (2), (3), (4) and (5) of the Pastures Protection Act 1934 shall apply, mutatis mutandis, to and in respect of such surcharge. For the purposes of this section those subsections shall be deemed to be amended as follows:(a) by omitting from subsection (2) the words “into the appropriate fund of the board” and by inserting in lieu thereof the words “to the Treasurer”,(b)(i) by inserting in subsection (4) after the words “the board” where secondly, fourthly and fifthly occurring the words “or the Crown”,(ii) by omitting from the same subsection the words “into the appropriate fund of the board” and by inserting in lieu thereof the words “to the Treasurer”.s 16FA: Ins 1957 No 68, sec 4 (1) (b); 1976 No 11, Sch 1 (10); 1983 No 47, Sch 3 (8).
16G Access to lands, buildings etc
The secretary of a board or any other officer of a board in that behalf authorised by the board or any person in that behalf authorised by the Minister shall at all reasonable times have full and free access to all lands, buildings, places, books, documents and other papers for the purpose of ascertaining the ownership of any cattle for the purposes of this Division and for such purposes may make extracts from or copies of any such books, documents or papers. No person shall obstruct, hinder or interfere with any person acting in pursuance of this section.s 16G: Ins 1956 No 28, sec 2 (j).
16H Moneys to be paid by boards to Minister
All amounts received by a board in respect of the rates levied under this Division shall be paid by the board to the Minister for payment to the creditor of the Fund.s 16H: Ins 1956 No 28, sec 2 (j).
Division 4 Miscellaneous matters
pt 3, div 4: Ins 1956 No 28, sec 2 (j). Rep 1987 No 209, sec 4 (2). Ins 1993 No 21, Sch 1 (3).
16I Advisory Council
(1) The Minister may establish a Cattle Compensation Advisory Council.(2) The regulations may make machinery provisions for or with respect to the constitution and procedure of the Advisory Council, including the appointment of members, the term of office of members and the vacation of office by members.(3) The functions of the Advisory Council are, when requested by the Minister:(a) to advise the Minister in relation to payments made, or proposed to be made, out of the Fund for the purposes referred to in section 12 (6), and(b) to advise the Minister as to whether the provisions of this Act should be extended to any particular disease, condition or infestation of cattle.s 16I: Ins 1956 No 28, sec 2 (j). Am 1976 No 11, Sch 1 (11); 1983 No 47, Schs. 2 (6), 3 (9). Rep 1987 No 209, sec 4 (2). Ins 1993 No 21, Sch 1 (3).
16J Review of the Fund
The Minister is to review the purposes and operation of the Fund as soon as possible after the period of 5 years from the date of assent to the Cattle Compensation (Amendment) Act 1993.s 16J: Ins 1976 No 11, Sch 1 (12). Am 1983 No 47, Sch 3 (10). Rep 1987 No 209, sec 4 (2). Ins 1993 No 21, Sch 1 (3).
16K (Repealed)
s 16K: Ins 1976 No 11, Sch 1 (12). Rep 1987 No 209, sec 4 (2).
Part 4 Miscellaneous
17 Penalty in cases not provided for
Any person who is guilty of any contravention of or failure to comply with any of the provisions of this Act or the regulations for which no penalty or other punishment is expressly provided or who permits any contravention of or failure to comply with any of such provisions shall be liable upon summary conviction to a penalty not exceeding 10 penalty units.s 17: Am 1983 No 47, Sch 2 (7); 1992 No 112, Sch 1.
18 Penalty on persons making charges etc for insurance purposes on sale of cattle
(1) If on the sale of any cattle to any person any such person or the person’s agent:(a) makes any charge to the vendor, orby way of insurance or indemnity against or contribution in respect of losses incurred by reason of any disease in the cattle or in other cattle purchased by him or her, such person or agent shall be guilty of an offence and liable upon summary conviction for every such offence to a penalty not exceeding 20 penalty units.(b) deducts any amount from the purchase money payable in respect of such sale,(2) Any condition expressed or implied in any contract or agreement providing for making any charge or deducting any amount which would if made or deducted after the commencement of this Act be an offence hereunder:(a) shall if made after the commencement of this Act be void and of no effect, or(b) shall, if made before the commencement of this Act, cease to have any further force, operation or effect upon the date of commencement of this Act.(3)(a) The provisions of this section shall extend and apply with respect to companies and other bodies of persons as if they were private persons.(b) Every company or other body of persons guilty of an offence under this section shall be subject to the same pecuniary penalties as if it were a private person, and if any chairperson, member of the governing body, director, manager, secretary or officer of such company or body knowingly authorises or permits the commission of any such offence he or she shall also be liable therefor.s 18: Am 1983 No 47, Sch 2 (8); 1992 No 112, Sch 1.
18A Delegation
(1) In this section, function includes power, authority and duty.(2) The Minister may, by instrument in writing, delegate to any person engaged in the administration of this Act the exercise or performance of such of the functions (other than this power of delegation) of the Minister under this Act as are specified in the instrument.(3) A function the exercise or performance of which has been delegated under this section may, while the delegation remains unrevoked, be exercised or performed from time to time in accordance with the terms of the delegation by the delegate.(4) A delegation under this section may be made subject to such conditions or limitations as to the exercise or performance of any function delegated, or as to time or circumstances, as may be specified in the instrument of delegation.(5) Notwithstanding any delegation under this section, the Minister may continue to exercise or perform any function delegated.(6) Any act or thing done or suffered by a delegate acting in the exercise of a delegation under this section has the same force and effect as it would have if it had been done or suffered by the Minister and shall be deemed to have been done or suffered by the Minister.(7) The Minister may, by instrument in writing, revoke wholly or in part any delegation under this section.(8) An instrument purporting to have been signed by a delegate of the Minister shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument duly executed by the Minister and shall, until the contrary is proved, be deemed to be an instrument signed by a delegate of the Minister.(9) Any instrument necessary to be executed and any notice, order, summons or other like document requiring authentication for the purpose of the exercise or performance of any function delegated to any person under this section shall be sufficiently executed or authenticated, as the case may be, if signed by the delegate in such a way as to show that the delegate does so under and in pursuance of the delegation.s 18A: Ins 1983 No 47, Sch 2 (9).
19 Regulations
(1) The Governor may make regulations not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, without limiting the generality of the foregoing power, the Governor may:(a)–(d) (Repealed)(e) impose a penalty not exceeding 10 penalty units for any contravention of or failure to comply with any regulation.(2), (3) (Repealed)s 19: Am 1976 No 11, Sch 1 (13); 1983 No 47, Schs 1 (7), 2 (10); 1987 No 48, Sch 32; 1992 No 34, Sch 1; 1992 No 112, Sch 1.
20 Proceedings for offences
Proceedings for an offence against this Act or the regulations shall be disposed of summarily before a Local Court constituted by a Magistrate sitting alone.s 20: Ins 1983 No 47, Sch 2 (11). Am 1999 No 31, Sch 4.10.