The Phylloxera Act.—1899. and so soon as such vines shall have attained the age of two years; of Six Pence on all such vineyards which have been so planted for four but less than eight years; and of One Shilling on all such vineyards which shall have been so planted for eight years or longer. Every winemaker and every distiller shall pay a rate of Six Pence for every ton of grapes annually purchased by him. PART III. 20. All rates shall be paid on the first day of May in each year, Rates, when and beginning on the first day of May, one thousand nine hundred and where payable. one, and shall be payable at the office of the Commissioner of Taxes. 21. No vineyard of less than one acre shall be liable to any rate. Exemption. 22. The Commissioner of Taxes shall pay such rates when Phylloxera Fund. collected to the Treasurer to the credit of an account to be called "The Phylloxera Fund." able. 23. The rates shall be collected and levied or recovered by the Rates, how recoverCommissioner of Taxes in the like manner as the land tax is, and shall be recoverable with and under the like penalties for delay or default in payment thereof. 24. The Treasurer is hereby authorised to pay out of such fund Payment of expenses all such costs, charges, salaries, travelling and other expenses, and and compensation. compensation which may arise in and about the administration. of this Act. Such payments may be made on the warrant of the Board, signed by the chairman and any other member of the Board. 25. The fund and all future interest thereon shall from time to Investment of fund. time be invested in Treasury bills, Government bonds, or bonds guaranteed by the Government. PART IV. PART IV. 26. Every member of the Board shall be an inspector ex officio. Members of Board. 27. The Board may appoint such other persons as they may think Appointment of fit to be inspectors. inspectors. 28. Notice of any such appointment shall be forthwith published Notice of appointin the Government Gazette. ments. 29. Every inspector, between the hours of seven o'clock in the Powers of inspectors. morning and five o'clock in the afternoon, may— (a) Enter into or examine at any time, with or without assistants, any vessel, vehicle, building, land, or place suspected to contain any vine or grapes brought into the province, and PART IV. The Phylloxera Act.-1899. search therein for disease, and may remove such vines or grapes to a quarantine for further examination, and may destroy such as may be found to be diseased: (b) With or without assistants, enter any vineyard and examine any vine or grapes, and, by notice in the form of Schedule III., may temporarily quarantine any vineyard in which he finds any sign of disease pending report to the Board and action thereon. Such report shall be made forthwith. PART V. General powers. Neglected vineyards. Regulations. PART V. POWERS AND DUTIES OF BOARD. 30. Upon receipt of any report referred to in section 29, subsection (b), the Board shall (a) Quarantine all such area or areas of such vineyard within a radius of two chains from any spot or spots where disease is or is suspected to be until the nature and extent of such disease has been ascertained: (b) Cause all quarantined areas to be clearly indicated by flags, (c) Cause all vines in such quarantined area to be destroyed with (e) Upon being satisfied that no disease exists immediately 31. All vineyards which in the opinion of the Board have remained unused or abandoned for a period of two years after the passing of this Act may be destroyed. 32. The Board may make regulations for the due carrying out of the provisions and objects of this Act. Such regulations shall be submitted to the Minister, and, if approved by him, shall be published in the Government Gazette, and shall thereupon have the same force and effect as if embodied and forming part of this Act. All such regulations shall be laid before Parliament within fourteen days after such publication if Parliament be then sitting; if not, then within fourteen days after the opening of the next Session of Parliament. PART VI. Assessment of compensation. PART VI. 33. Compensation shall be paid on the recommendation of the Board, but not otherwise, to the person or persons entitled thereto in respect of all vineyards and parts of vineyards destroyed under the The Phylloxera Act.—1899. the provisions of this Act, and in respect of all persons, gardens, orchards, or produce injuriously affected by the performance of any of the powers and duties of the Board. Such compensation shall be assessed by the Board on the basis of actual damage sustained by any person in consequence of the exercise of the powers and duties of the Board. 34. No compensation shall be paid in respect of— (a) Any vineyard which shall have been unused or abandoned (b) Any loss sustained by reason of or in connection with the or grapes. PART VI. Exceptions. 35. If the fund for the time being should prove to be insufficient Proportionate reducfor the payment of all claims for compensation in full, the Treasurer tion of compensation. may, out of moneys to be provided by Parliament, advance the amount required, and all such advances shall be paid as soon as may be out of future accruing rates. No compensation shall be claimed or payable except against or out of "The Phylloxera Fund." PART VII. PART VII. OFFENCES AND PENALTIES. notice of disease. 36. If within any vineyard any sign shall appear which may Owners &c., to give reasonably be suspected to be caused by disease, the owner, occupier, or person in charge thereof shall immediately notify the fact in writing to an inspector, or to the Board or the Minister; and in the event of his wilfully neglecting so to do all claim by such owner, occupier, or person to compensation under this Act shall be forfeited, and such owner, occupier, or person shall, on conviction, pay a penalty not exceeding Fifty Pounds. inspectors. 37. If any person shall impede, hinder, or attempt to impede or Interference with hinder the inspection by any inspector between the hours of seven o'clock in the morning and five o'clock in the afternoon of any vessel, vehicle, vineyard, store, or other building, premises, or place, or any vine, grapes, case, box, barrel, or other receptacle or package, or neglects to make a return in the prescribed form, or makes a false return, or violates any Proclamation made under section 44 or any regulation made under the provisions of this Act, shall, in addition to any other penalty provided in this Act, be liable to pay a penalty not exceeding Five Pounds for each offence; or if the offence be continuous, for each day during which the offence is continued. PART VII. Inspectors liable for failure of duties. Penalty for selling diseased grapes, &c. Prohibition against destroyed. The Phylloxera Act.-1899. 38. If any inspector wilfully violates, or omits to comply with, or neglects or refuses to enforce any provisions of this Act, or any regulations thereunder which he is required to comply with or enforce, he shall be liable to a penalty not exceeding Fifty Pounds. 39. Every person who sells, or offers, or exposes for sale, any grapes or vines, or parts of vines, affected with the disease, shall be liable to a penalty not exceeding Fifty Pounds, unless such person shall show that it was not practicable to discover the fact by the exercise of reasonable diligence. 40. Except with the sanction of the Board no vines shall be replanting vineyards planted or permitted to grow in any land from which any diseased vines have been removed for a period of ten years after such removal, and any person who shall commit any breach of this section shall on conviction thereof pay a penalty not exceeding Fifty Pounds; and all vines growing in or on any such land within such period shall be destroyed without compensation. Recovery of penalties. Summary procedure. Appeal.. 41. All proceedings may be had and taken, and all penalties, fines, and sums of money incurred or imposed or payable under this Act, may be sued for and recovered at the suit of the Minister, or such officer or authorised person as the Board shall from time to time on that behalf appoint, and all moneys so recovered shall be paid to the Treasurer to the credit of the fund. 42. The provisions of all laws relating to summary proceedings before Justices shall apply to all prosecutions under this Act or the regulations thereunder, and all informations under this Act or the regulations thereunder in respect of such offences may be summarily heard and determined before a Special Magistrate or two Justices of the Peace. 43. There shall be an appeal from any conviction, order, order dismissing any information under this Act, or under any regulation thereunder, and such appeal shall be to the Local Court of Adelaide in its Full Jurisdiction. PART VIII. Powers of Governor. PART VIII. MISCELLANEOUS. 44. The Governor may, from time to time, by Proclamation in the Gazette, do any of the following acts: Prohibit the introduction into the province from any place outside the province of any vine, or any grapes, or package containing or which has contained or been in contact with grapes or vines the introduction of which has been or may be prohibited: Prohibit The Phylloxera Act.-1899. Prohibit the removal from any place within the province to any other place in the province of any vine, or of any grapes, package, implement, matter, or thing likely to convey the disease: Declare any parcel of land or any building a quarantine for the reception of any vines or grapes diseased or suspected of being diseased: Quarantine any vineyard or any building, land, or place wherein or whereon any diseased vine or grapes may be found or may have recently been. PART VIII. 45. When and so long as the funds in the hands of the Board Suspension of shall amount to the sum of Five Thousand Pounds the Board shall operations. have power to reduce the amount or suspend the levy of the rate herein before provided, from year to year, or for such term as it may deem expedient, and shall thereupon notify the Minister of its decision in respect of such reduction or suspension by notice in writing, in which case the Minister shall give public notice of such reduction or suspension by Proclamation in the Government Gazette and by advertisement in one or more newspapers circulating within the colony. 46. In the case of all vineyards or gardens containing vines which Vineyards of less area are less in extent than one acre, the owners or occupiers thereof than one acre. shall be exempt from registration and taxation under this Act, but shall nevertheless be subject to all the other provisions of this Act and the penalties for non-compliance therewith. And any such vineyard or garden containing vines may be declared a quarantine, and the vines therein destroyed. 47. In this Act a fraction of an acre in excess of one acre shall Construction. be deemed to be an acre. In the name and on behalf of Her Majesty, I hereby assent to this Bill. TENNYSON, Governor. THE |