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AN ACT to amend the Post Office Savings
Bank Consolidation Act, 1893.

[Assented to, 5th December, 1900.]

HEREAS by the Commonwealth of Australia Constitution Act the Posts, Telegraphs, and Telephones of Western Preamble. Australia will, on a date to be proclaimed by the Governor General, become transferred to the Commonwealth, but the Post Office Savings Bank will continue, after that date, under the control of the Government of this Colony, and it is therefore necessary, as from such date, to remove the management of that Bank from the Postmaster General: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

1. THIS Act may be cited as the Post Office Savings Bank Act, 1900, and shall come into operation on the day when the Postal Short title and Department of Western Australia becomes, by proclamation of the Governor General, transferred to the Commonwealth.

commencement.

2.

Savings Bank to be

Treasurer.

Post Office Savings Bank.

2. THE Post Office Savings Bank is hereby placed under the managed by Colonial management and control of the Colonial Treasurer, and the Post Office Savings Bank Consolidation Act, 1893, shall be read as if the words "Colonial Treasurer" were substituted for the words "Postmaster General" wherever the same occur throughout that Act.

Amendment of 57 Vict., No. 3, s. 2, and s. 8 (2).

Appointment of

3. IN the second section of the said Act the words " Post Office Savings Bank" shall be substituted for the words “General Post Office,” and, in section eight, sub-section (2), of the said Act, the word "place" is substituted for the words "Post Office."

4. (1.) THE Colonial Treasurer may appoint a manager and manager and officers, Officers of the Post Office Savings Bank, and may prescribe their respective duties and pay them such salaries as are voted by the Parliament in that behalf. The present manager and officers shall be deemed to be appointed under this Act.

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(2.) The Colonial Treasurer may also appoint and, out of moneys voted as aforesaid, may remunerate agents who shall represent him elsewhere than in the Bank in respect of the business thereof.

5. (1.) THE Colonial Treasurer, with the approval of the Governor, may arrange with the postal authorities of the Commonwealth that the officers of the Post Office shall perform, on such terms as shall be agreed upon, all or any part of the duties which have hitherto been performed by such officers in connection with the Post Office Savings Bank.

(2.) In the event of such terms not being agreed upon, the Colonial Treasurer, with the approval of the Governor, may from time to time appoint and remove, and may remunerate as aforesaid, such officers and servants, and make such arrangements and do such acts and things as may be required for carrying on the business of the said bank, and may defray the cost of so doing out of moneys to be voted by the Parliament in that behalf.

In the name and on behalf of the Queen I hereby assent to this Act.

ALEX. C. ONSLOW, Administrator.

By Authority: RICHARD PETHER, Government Printer, Perth.

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E it enacted by the Queen's Most Excellent Majesty, by and

BE with the advice and consent of the Legislative Council and

Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

1. THIS Act may be cited as the Noxious Weeds Act, 1900.

Short title.

2. THE Spanish Radish and Scotch Thistle Prevention Act, Repeal of Act 38 1874, is hereby repealed.

Vict., No. 12.

3.. IN this Act, save so far as the context otherwise requires, Interpretation.

"Clear," in relation to land, shall mean to cut down and keep
cut down, or to grub or pull up the stems or roots of
noxious weeds, so as to prevent any part of them from
flowering

Schedule.

The Governor may declare plants to be noxious weeds.

Inspectors.

Inspectors and

persons authorised

Noxious Weeds.

flowering, or to enclose with a sheep-proof fence, and to graze sufficient sheep thereon to prevent noxious weeds from flowering:

"Inspector" shall mean an inspector appointed under this

66

Act:

Minister" shall mean the Minister presiding over the
Department of Agriculture:

"Noxious Weeds" shall mean the plants mentioned in the
Schedule hereto, and such other plants as the Governor,
by proclamation, shall declare to be noxious; but. as
regards plants so declared to be noxious only in a part
or parts of this Colony, shall only bear that meaning
in the part or parts in which they are declared by such
proclamation to be noxious.

4. THE Governor may, at any time, on the recommendation of a municipal council, road board, or of the advisory board of the Department of Agriculture. by proclamation published in the Government Gazette, declare any plants to be noxious weeds, either generally or in any particular locality, and may from time to time, on the like recommendation, revoke any such declaration.

5. THE Governor may from time to time appoint such inspectors and other persons, with such powers and functions as he deems necessary to carry out the provisions of this Act.

6. IT shall be lawful for any inspector or any other person authorised in that behalf by the Minister, without notice, to enter may enter upon land upon any land for the purpose of ascertaining if any noxious weeds are growing thereon, and no such inspector or other person shall be deemed a trespasser by reason of such entry.

to search for

noxious weeds.

Penalty for not destroying noxious weeds after notice.

7. IF an inspector, or other person as aforesaid, reports to the Minister that any noxious weed is growing upon any land, the Minister may cause notice (a copy of which shall be delivered to the local authority of the District in which the land is situated) to be served upon the owner or occupier thereof to clear the land and the adjacent half of any road within such time as shall be specified in the notice, and if any owner or occupier, after such notice shall have been served upon him, or left for him at his usual or last known place of abode, shall not, within the time specified in such notice, have cleared the land, every such owner or occupier being convicted thereof shall be liable to a penalty of not less than Five pounds and not exceeding Fifty pounds, to be recoverable before two or more Justices of the Peace

in

Noxious Weeds.

in a summary way: Provided that, in the case of sheep or cattle runs, such notice shall specify as nearly as possible upon what portion or portions of the land the noxious weed is growing: Provided, also, that it shall be lawful for any such Justices to suspend any conviction upon being satisfied that the person so receiving such notice has used and is using reasonable exertion to destroy such weed.

ment Gazette.

8. IF there is no occupier of any such lands, then notice as where no occupier aforesaid may be given by advertisement in the Government Gazette, of land, notice may and every notice so given shall be deemed and taken to be sufficient be given in Governnotice to the owner of such land, from the time of its being so published as aforesaid: Provided that it shall not be necessary for such notice to specify the name of any person as owner of the land therein referred to, and provided, also, that no owner of any such land shall be liable to any payment beyond the expense of, and occasioned by, the destruction and eradication of the said weeds upon such land, and upon such adjacent half of the road, as hereinafter provided, together with the costs of suit.

If noxious weeds not

authorised may

enter for the purpose

of destroying them.

9. IF any such owner or occupier shall refuse or neglect to destroy the weeds specified in any such notice within the time destroyed after therein stated, it shall be lawful for any person authorised notice, persons in that behalf by the Minister to destroy and eradicate the same, and for that purpose, with sufficient assistants, to enter upon any lands in respect whereof any such notice shall have been given as aforesaid; and the Minister shall be entitled to recover from such owner or occupier the expense of and attending such destruction and eradication, together with the costs of suit by action or plaint in any Court of competent jurisdiction.

land.

10. THE Minister may, on report being made to him by any Minister may clear municipal council or roads board, or the advisory board of the unoccupied Crown Department of Agriculture, that any noxious weed is growing upon any unoccupied Crown land adjacent to any freehold or leasehold estate, clear such land of such noxious weed.

owner and occupier.

11. AS between owner and occupier, the expenses of clearing Apportionment of the land of noxious weeds shall be borne as follows:-If the expenses between occupier at the time of the service of the notice has a right of occupation for six years or more, he shall bear the whole of the cost; if for four years but less than six years, he shall bear two-thirds of the cost; if for two years but less than four years, he shall bear onethird of the cost; but if for less than two years, the owner shall bear the whole of the cost; and either party paying more than his proportion may recover the excess from the other: Provided that

any

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