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AN ACT to further amend The Contagious A.D. 1901. Diseases (Cattle) Act, 1861," and for other [13 December, 1901.]

purposes.

BE

it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1 This Act may be cited as "The Contagious Diseases (Cattle) Act, Short title. 1901."

2 In the construction of this Act

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"Animals mean cattle, sheep, and goats, and all other rumi- Interpretation. nating animals and swine:

"Carcase means the carcase of any animal, and includes part

of a carcase and the meat, bones, hide, skin, horns, hoofs,
offal, or other part of an animal, separately or otherwise, or
any portion thereof:
"Cattle-owner" and "Owner" having reference to any Cattle
means every person claiming jointly or in severalty any
right, title, or interest in any Cattle, and every superinten-
dent and overseer or other person in possession or charge
of any Cattle :

A.D. 1901.

39 Vict. No. 20.

25 Vict. No. 4.

Governor may

Contagious Diseases (Cattle).

"Cattle," means bulls, cows, oxen, heifers, and calves:
"Disease" shall mean and include anthrax, (that is to say, the
disease called or known as anthrax, splenic fever, or splenic
apoplexy of animals), cattle-plague (that is to say, rinder-
pest, or the disease commonly called cattle-plague), con-
tagious pleuro-pneumonia of cattle (in this Act called
pleuro-pneumonia), foot-and-mouth disease, or any other
disease whatever in cattle which the Governor may at any
time, by Proclamation, declare to be a disease for the
purposes of this Act:

"Diseased" means infected with disease:

"Fodder" means hay or other substance commonly used for food of animals:

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Inspector" shall mean and include the Chief Inspector or any Inspector of Sheep appointed under "The Stock Act" "Litter means straw or other substance used as bedding or otherwise for or about animals :

"Minister" means the Minister of Agriculture for the time being of the State of Tasmania:

"Prescribed " means prescribed by Regulations to be made under this Act:

3 It shall be lawful for the Governor, by Proclamation published in declare what may the Gazette, to declare any disease not specially mentioned in this Act to be a disease for the purposes of this Act.

be a disease.

Separation of diseased animals,

and notice to Inspector.

57 & 58 Vict., c. 57, s. 4.

Place infected with disease. Ib., s. 8.

4--(1.) Every person having in his possession or under his charge any diseased or suspected cattle shall

1. As far as practicable keep any such cattle separate from animals not so affected; and

II. Forthwith give notice of the animal being so affected to an

Inspector.

(2.) The Inspector shall forthwith give information thereof to the Minister, or to such person as may be prescribed.

(3.) The Minister, on receiving the report of the Inspector as aforesaid, may instruct any veterinary surgeon, inspector, or other person to inspect such cattle, and make a report of the result of his inspection.

5-(1.) Where it appears to the Minister that disease exists, or has within a prescribed time existed, in a shed, field, or other place, he shall, by writing under his hand, declare such shed, field, or other place to be a place infected with disease.

(2.) The Minister shall cause notice thereof to be served personally or by post upon the occupier of such shed, field, or other place, and shall also cause notice thereof to be served personally or by post on

Contagious Diseases (Cattle).

the occupier of any land or buildings contiguous thereto as he may A.D. 1901. consider necessary.

(3.) The Minister may include in a place infected with disease any adjoining place.

(4.) The Minister may from time to time declare a place infected with disease, or any part thereof, to be free from disease.

6 Cattle shall not be moved into, within, or out of any place infected with disease, or any place within such distance thereof as may be prescribed, except in accordance with Regulations to be made under the provisions of this Act.

Movement of

cattle into, within, or out of infected places.

57 & 58 Vict., c. 57, s. 11.

7-(1.) The Minister may, if he thinks fit, cause to be slaughtered- Slaughter in case 1. All cattle affected with disease, and

II. All cattle being or having been in the same shed, stable, or
herd, or in contact with any cattle affected with disease:

III. Any cattle suspected of being affected with disease, or being
in a place infected with disease:

IV. Any cattle being within such distance as may be prescribed
of a place infected with disease.

(2.) The Minister shall, for Cattle slaughtered under the provisions of this Section as Cattle suspected of being affected with disease, or being in a place infected with disease, or being within such distance as may be prescribed of a place infected with disease, pay compensation to the owner of such Cattle to the extent of Three-fourths of the value of such Cattle immediately before they were slaughtered, but so that the compensation does not in any case exceed the sum of Twenty Pounds for each head of Cattle slaughtered.

of

(3.) Notwithstanding anything in this Act, the Minister may, if he thinks fit, withhold, either wholly or partially, compensation in respect any Cattle slaughtered under this Act by his order where the owner has in the judgment of the Minister been guilty in relation to such Cattle of an offence against this Act or any regulations made hereunder. (4.) If the owner of any Cattle slaughtered under this Act by order of the Minister has an insurance on such Cattle, the amount of the money payable under the insurance shall be deducted from the amount compensation awarded to him under this Act.

of

of disease and compensation. Ib., s. 14.

8-(1.) There shall be payable to "The Contagious Diseases Contribution to (Cattle) Act Fund," upon and in respect of all Cattle above the age of Fund.

Six months possessed by any Cattle-owner, and depastured and kept

in

any part of Tasmania or its Dependencies, a contribution of a sum not exceeding Threepence per annum for each head of Cattle above the age of Six months possessed by such Cattle-owner, the amount of such contribution in any one year to be fixed by the Governor by Proclamation published in the Gazette; and such contribution shall be paid to the Chief Inspector on the First day of January

A.D. 1901.

Return of cattle for contribution.

Contribution not paid in time.

Payments from
Fund.

Contagious Diseases (Cattle).

in every year, and shall be calculated for each year upon the number of Cattle possessed by such Cattle-owner on the said day.

(2.) No owner of less than Four head of Cattle shall be liable to pay any such contribution as aforesaid in respect of any Cattle owned by him.

(3.) All moneys paid to the Chief Inspector on account of such fund shall be by him paid into the Treasury to the credit of "The Contagious Diseases (Cattle) Act Fund Account."

(4.) If at any time it is certified by the Treasurer that it appears to him upon balancing such account that a certain proportion only of such contribution, or no contribution, will be necessary for the purposes of this Act during the then current year, it shall be lawful for the Governor, by Proclamation in the Gazette, to direct that the proportion so certified, and no more, of such contribution, or that no contribution, shall be payable in respect of such year.

9 Every Cattle-owner, when paying such contribution, shall deliver to the Chief Inspector a Return in the form in the Schedule (1), stating the number and description of all Cattle in his possession on the First day of January in such year; and every Cattle-owner who refuses or neglects to make such return shall forfeit and pay a penalty not exceeding Five Pounds.

Any person wilfully making any false return shall forfeit and pay a penalty not exceeding Five Pounds.

10 Every Cattle-owner who omits to pay the contribution due from him on or before the First day of March in any year shall pay an additional amount equal to One-fourth part of such contribution; and if any Cattle-owner after the said First day of March omits or refuses to pay the contribution payable by him, then it shall be lawful for any Inspector to sue for and recover such contribution at any time not being more than one year after the time when such contribution should have been paid.

11 There shall be applied out of "The Contagious Diseases (Cattle) Act Fund" such sums of money as shall be approved by the Minister for the purpose of paying compensation and generally of carrying out the provisions of this Act, and the Treasurer for the time being is hereby authorised and empowered to appropriate and issue such sums 1 Ed. VII. No. 15. accordingly; but subject, nevertheless, to the provisions of "The Audit Act, 1901."

Power for

12 The Governor may make such Regulations as he thinks fit, subGovernor to make ject and according to the provisions of this Act, for the following purposes, or any of them :

orders for pre

vention or

checking of

disease, and other

1. For prescribing and regulating the publication by placards, handbills, or otherwise, in the immediate neighbourhood of a place or area declared infected, of the fact of such declaration :

Contagious Diseases (Cattle).

II. For prohibiting or regulating the movement of animals and A.D. 1901 persons into, within, or out of an infected place or area :

III. For prescribing and regulating the notice to be given to or

by any person in case of any particular disease, or in case
of the illness of an animal:

IV. For prescribing and regulating the isolation or separation of
animals being in an infected place or area:

v. For prohibiting or regulating the removal of carcases, fodder, litter, utensils, pens, hurdles, dung, or other things into, within, or out of an infected place or area :

VI. For prescribing and regulating the destruction, burial, disposal, or treatment of carcases, fodder, litter, utensils, pens, hurdles, dung or other things, being in an infected place or area, or removed thereout:

VII. For prescribing and regulating the cleansing and disinfection of infected places and areas, or parts thereof :

VIII. For prescribing and regulating the disinfection of the clothes

of persons coming in contact with or employed about
diseased or suspected animals, or being in an infected place;
and the use of precautions against the spreading of disease
by such persons :

IX. For prohibiting or regulating the digging up of carcases
which have been buried:

x. For prohibiting or regulating the exposure of diseased or suspected animals in markets, sale-yards, or other public or private places where animals are commonly exposed for sale, and the placing thereof in places adjacent to or con nected with markets or sale-yards, or where animals are commonly placed before exposure for sale:

XI. For prohibiting or regulating the sending or carrying of diseased or suspected animals, or of dung or other thing likely to spread disease, or causing the same to be sent or carried on railways, or rivers, or in coasting vessels, or otherwise :

XII. For prohibiting or regulating the carrying, leading, or driving of diseased or suspected animals, or causing them to be carried, led, or driven on highways or thoroughfares, or elsewhere:

XIII. For prohibiting or regulating the placing or keeping of diseased or suspected animals on unenclosed lands, or in fields or other places insufficiently fenced, or on the sides of highways:

XIV. For prescribing and regulating the seizure, detention, and disposal of a diseased or suspected animal exposed, carried, kept, or otherwise dealt with in contravention of any Regulation made by the Governor; and for prescribing and regulating the liability of the owner or consignor or consignee of such animal to the expenses connected with the seizure, detention, and disposal thereof: