Amendment of principal Act, s. 20Vermin destruction months reduced. No. 1398 of 1919. Vermin Act Further Amendment Act.-1923. Board, or Associated Board, by action in any Court of competent jurisdiction, the cost of so doing, or may deduct such cost from any subsidy which such District Council, Vermin Board, or Associated Board is entitled to be paid under any Act. (5) Any District Council, Vermin Board, or Associated Board failing to comply with a notice given under subsection (3) hereof shall, in addition to any liability incurred under subsection (4) of this section, be liable to a penalty of not less than Five Pounds nor more than Twenty Pounds for a first offence, and not less than Twenty Pounds nor more than Fifty Pounds for any subsequent offence. (6) For the purpose of enforcing the provisions of this Act as mentioned in subsection (4) of this section, the Commissioner may within any District exercise all the powers, functions, authorities, and discretions which the District Council, Vermin Board, or Associated Board itself might exercise. (7) If the Commissioner in enforcing the provisions of this Act as mentioned in subsection (4) of this section, incurs expense in destroying or taking measures to destroy vermin on any land, not being land vested in or under the control of a Board, a Municipal Corporation, or a District Council, the Commissioner may, if he thinks fit, recover the amount of such expense from the owner or occupier of the land instead of from the District Council, Vermin Board, or Associated Board. 4. Section 20 of the principal Act is amended (a) by inserting before the word "March" in the last line of subsection (1) thereof the word "and", and by striking out in the same line the words "and April"; (b) by striking out subsection (3) thereof (which subsection was inserted in the said section by section 4 of the Vermin Act Further Amendment Act, 1919) and substituting in lieu of the subsection so struck out the following subsection: (3) The Commissioner may, from time to time, by notice published in the Government Gazette, fix a period or periods other than the period referred to in subsection (1) hereof for the simultaneous destruction of vermin within the district of any District Council, Vermin Board, or Associated Board, provided that such substituted period or periods shall not exceed three months in the aggregate. Such substituted period or periods may be within or outside, either wholly or partially, the said period referred to in subsection (1) hereof; and (c) by inserting in subsection (4) thereof (which subsection was Vermin Act Further Amendment Act.-1923. 66 Amendment of principal Act, s. 23 5. Section 23 of the principal Act is amended amendment. (b) by striking out the passage "not exceeding Five Pounds, Alteration of 6. Section 24 of the principal Act is amended by adding at the Amendment of end thereof the following subsection: (3) Any such averment shall be deemed to be proved as provided in subsections (1) or (2) hereof, notwithstanding that such averment may not be an averment of fact only, and notwithstanding that any evidence may be given as to the subject matter of such averment. principal Act, s. 24— Onus of proof. 7. Section 26 of the principal Act is amended by inserting after Amendment of the word "compliance" in paragraph (b) thereof the words "to the principal Act, satisfaction of an authorised person ". 8. Section 27 of the principal Act is amended by adding at the end of subsection (1) thereof the following words:" and may be recovered by action in any Court of competent jurisdiction, or in a summary way ". 9. Section 38 of the principal Act is amended by inserting after the words "authorised person in the first line thereof, the words or Government inspector ". 8. 26 Notice to be complied with to satisfaction of authorised person. Amendment of Costs and expenses may be recovered principal Act, s. 27 summarily. Amendment of principal Act, s. 38— Inspectors acting bona fide not liable for damage. 10. Section 41 of the principal Act is amended(a) by striking out the passage" of January, February, March, Amendment of and April" in subdivision (a) of subsection (1) thereof; principal Act, s. 41. (b) by adding after the word "months" in the fourth line of Alteration of the said section the words "fixed by or pursuant to penalties. section 20 of this Act (as amended by the Vermin Act Further Amendment Act, 1919, and the Vermin Act Further Amendment Act, 1923)"; and (c) by striking out the words "not exceeding Five Pounds, and for every subsequent offence not exceeding Twenty Amendment of principal Act, 8. 223 Vermin Act Further Amendment Act.-1923. Pounds" in the eleventh and twelfth lines thereof, and inserting in lieu of such words the words "of not less than Two Pounds nor more than Five Pounds, and for a second offence of not less than Five Pounds nor more than Twenty Pounds, and for any subsequent offence of not less than Twenty Pounds nor more than Fifty Pounds." 11. Section 223 of the principal Act is amended by adding at the end of sub-paragraph (c) of paragraph (2) thereof the following words:" or, in cases where there is no delivery by letter carriers, when no delivery by would be ready for delivery if called for at the post office of destination". Service by post letter carriers. Amendment of principal Act, 12. Division II. of Part VIII. of the principal Act is amended by Part VIII., Division inserting therein after section 256 thereof the following section :- II.— Certain allegations prima facie proof. Amendment of principal Act, Fifth Schedule Consequential amendment of forms. 256A. (1) In any proceedings for an offence against this Act, the production of any writing purporting to be an authorisation and appointment by any District Council, Vermin Board, or Associated Board, or by the Commissioner, of any person by the name of the informant to be an authorised person shall be prima facie evidence that the informant is an authorised person authorised and appointed by the District Council, Vermin Board, or Associated Board mentioned in such writing, or by the Commissioner, as the case may be. (2) In any proceedings for an offence against this Act, any allegation in the information - (a) that any Crown lands or any other land mentioned in the information are or are not situated within any district; (b) that any person mentioned in the information is the owner or occupier of any land; or (c) that any road or land mentioned in the information adjoins any land, shall be prima facie evidence of the truth of the matters so alleged. 13. The Fifth Schedule to the principal Act is amended- (b) by striking out the passage" of January, February, March, 14. Section Vermin Act Further Amendment Act.-1923. Alteration of 14. Section 11 of the Vermin Act Further Amendment Act, 1919, Amendment of is amended by striking out in the eleventh and twelfth lines thereof 1398 of 1919, s. 11— the words "not exceeding Five Pounds, and for every subsequent penalties. offence not exceeding Twenty Pounds and inserting in lieu of such words the words " of not less than Two Pounds nor more than Five Pounds, and for a second offence of not less than Five Pounds nor more than Twenty Pounds, and for any subsequent offence of not less than Twenty Pounds nor more than Fifty Pounds." In the name and on behalf of His Majesty, I hereby assent to Adelaide: By authority, R. E. E. ROGERS, Government Printer, North Terrace. |