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ANNO QUARTO

EUZABETHAE II REGINAE

A.D. 1955

****************************************************

No. 15 of 1955

An Act to amend the Noxious Insects Act, 1934.

[Assented to 21st October, 1955.]

BE IT ENACTED by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows :

1. (1) This Act may be cited as the "Noxious Insects Act Shortt.ltle.

Amendment Act, 1955".

(2) The Noxious Insects Act, 1934, as amended by this Act may be cited as the "Noxious Insects Act, 1934-1955".

(3) The Noxious Insects Act, 1934, is hereinafter referred to as "the principal Act".

5 1 '

2. This Act is incorporated with the principal Act and that Incorpomt.lon •

Act and this Act shall be read as one Act.

3. The following sections are enacted and inserted in the Enactment of

. . IA fte . h f ss.6aand6b

pnnmpa ct a r sectIOn 6 t ereo : - of principal Act-

6a. (1) If an occupier does not comply with a notice Powersof

under subsection (1) or subsection (2) of section 6 any ~~n~:mO:llance

th . d ffi . h . h · with notice

au onze 0 cer may WIt or 'Ylt out aSSlstants- (a) enter upon the land of such occupier ;

(b) take all such measures and do and perform all such acts and things as to him appear proper or necessary to carry out the measures specified in the notice ;

(2)

52

Beoovery of ooatofaction taken on default of occupier.

19s.~· Noxious Insects Act Amendment Act, 1955.

No. 15.

(0) remain upon and have free right of ingress, egress and regress into, over and across the said land for such period as is necessary for the purpose mentioned in paragraph (b) of this subsection.

(2) For the purposes of subsection (1) of this section "

an occupier who-:- , 1>

(a) does not after the service upon him of a notice mentioned in section 6 forthwith commence .', to comply therewith; or

(b) having so commenced does not continue such compliance,

shall be deemed not to have complied with the notice.

(3) The powers conferred by this section may be exercised whether or not proceedings are taken against the occupier under section 6, and without affecting the liability of the i~

occupier under that subsection.

(4) In this section "an authorized officer" means a:;·

person appointed by a councilor the Minister as an !~

authorized officer for purposes of this Act. <, , 6b. (1) The expense incurred by an authorized officer in acting under section 6a shall be a debt due by the occupier of the land to the appointer of the authorized officer, and shall be payable on demand and recoverable by action in any court of competent jurisdiction.

(2) A council shall have authority to expend its revenue on taking action under section 6a of this Act.

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~~n~ent of 4. Section 11 of the principal Act is amended by adding "

prlnclpal Act- at the end thereof the following subsection : -

Powenof

Minister. (2) lf the Minister publishes, or gives any notice as mentioned in section 6 of this Act all the provisions of sections 6, 6a, and subsection (1) of section 6b shall apply with the neeessary modifications in relation to the landf and the occupiers to which the notice applies. '~

In the name and on behalf of Her Majesty, I hereby assent to this Bill.

J. M. NAPIER, Lieutenant-Governor.

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