South Australian Consolidated Acts South Australian Consolidated Acts54—Prohibition against keeping bees in specified areas of State
(1) The Governor may,
by proclamation, prohibit (absolutely or conditionally) the keeping of bees
within a specified area of the State for the purpose of assisting the dried
fruits industry.
(2) A proclamation
under this section may be varied or revoked by subsequent proclamation.
(3) A person who keeps
bees in, or causes bees to be kept in, an area of the State in contravention
of a proclamation under this section is guilty of an offence.
Maximum penalty: $10 000.
"Note—"
Part 7 had not come into operation at the date of the publication of this
version.
55—Registers of brands
(1) The
Chief Inspector must keep registers of brands in relation to prescribed
classes of livestock.
(2) Separate registers
are to be kept for the different classes of livestock.
(3) Each register must
record—
(a) a
description of the brand; and
(b) the
name and address of a person who is to be taken to be the owner of the
registered brand.
An application for registration, or renewal of registration, of a brand or for
consent to the transfer of a registered brand must—
(a) be
made to the Chief Inspector; and
(b) be
in the form and contain or be accompanied by the information required by the
Chief Inspector; and
(c) be
accompanied by the fee fixed by regulation.
57—Refusal to register brand
The Chief Inspector may refuse to register a brand if satisfied that—
(a) the
brand could be mistaken for, or easily altered to appear to be—
(i)
another brand registered in the same register in some
other person's name; or
(ii)
a brand of a kind used for official purposes; or
(b) the
brand does not comply with the requirements of the regulations; or
(c) some
other requirement of the regulations is not satisfied.
58—Term of registration of brand and renewal
(1) Registration of a
brand is for a term fixed by regulation.
(2) Registration may
be renewed from time to time for a further term fixed by regulation.
59—Exclusive use of registered brand
A person registered as owner of a brand is entitled to the exclusive use of
the brand for application to livestock of the class in respect of which the
brand is registered.
60—Transfer of ownership of registered brand
(1) A registered brand
may not be transferred to another without the consent of the Chief Inspector.
(2) Consent may only
be withheld if the person to whom the brand is to be transferred would not be
entitled under the regulations to be registered as owner of the brand.
(3) If a person
registered as the owner of a brand dies, the personal representative of the
person will, on application, be registered as the owner of the brand.
61—Cancellation of registration of brand
The Chief Inspector may cancel registration of a brand—
(a) with
the authority of the person registered as owner of the brand; or
(b) if a
written request seeking authority to cancel the registration has been served
on the person registered as owner of the brand or that person's personal
representative and the Chief Inspector has not received any written objections
to the cancellation within the time (not less than one month) allowed by the
request; or
(c) if a
body corporate registered as owner of the brand has been wound up or
dissolved; or
(d) if
satisfied that registration of the brand was obtained improperly.
62—Offence to use registered brand of another
(1) A person must not
mark livestock, or cause or permit livestock to be marked—
(a) with
a brand registered in relation to livestock of the same class in the name of a
person other than the owner of the livestock; or
(b) in a
manner that could be mistaken for a brand registered in relation to livestock
of the same class in the name of a person other than the owner of the
livestock.
Maximum penalty: $10 000.
(2) A person must not,
without lawful authority, destroy or deface a registered brand marked on
livestock or on hide or skin of livestock products.
Maximum penalty: $10 000.