ns 



Clause 18. 



Authorised persons may enter private land. 



48. Any authorised person may from time to time enter upon any private holding or 

 land at any time with or without assistants, dogs, horses, and vehicles in order to search 

 whether any rabbits arc on such land, or to erect or repair barrier-fences or gates, or to examine 

 and inspect land, or for any purpose whatsoever under this Act, and may remain thereon so 

 long, and do all such things as may be necessary or reasonable. 



Any person who falsely represents himself to be or personates an authorised person under 

 this Act in any manner whatsoever shall be guilty of a misdemeanour, and shall on conviction be 

 liable to be imprisoned with or without hard labour for any period not exceeding nix months, or 

 to forfeit and pay a penalty of not more than one hundred pounds, or both. 



Any person who wilfully assaults, obstructs, hinders, or interrupts, or causes to be 

 assaulted, obstructed, hindered, or interrupted, any authorised person in the exercise of any 

 power or authority vested in him by this Act, shall for every such offence if not otherwise 

 specially provided for be liable to a penalty not exceeding twenty pounds ; and no proceeding 

 for recovery of such penalty nor the payment thereof shall be a bar to any action at law for or 

 in respect of any such assault as aforesaid, but every such action may be commenced and pro- 

 ceeded with as if this Act had not been passed, any law or usage to the contrary notwithstanding. 



For the purposes of this section an authorised person means a person having authority 

 from the Minister or from a Eabbit Board, and such authority may be a general authority. 



Mr. T. BROWN, M.L. A. (Budgerabong), moved that in line 1 the words "on production of his 

 authority on demand by the owner" be inserted after the word " person." 



Mr. BATLIS (Narrandera) seconded the motion. 



The question was put and carried. 



Mr. WILKES (Broken Hill) moved that in line 2, section 48, the words " private " and "dogs" 

 be struck out. 



Mr. OAKDEN (Cobar) seconded the resolution. 



Mr. BRETT (Urana) proposed that the word " dogs " bo left in. 



On the request of Mr. Flanagan the Chairman put the two words separatelv. 



The question of striking out the word " private " was carried. 



The question of striking out the word " dogs " was lost. 



The Hon. EUPERT CAEINOTON (Jerilderie) moved that "horse" be substituted for "horses." 



Mr. SrDFS (Hay) seconded the motion. 



Mr. BRETT (Urana) said he did not think the work could be done with less than three horses. 



Mr. OAKDKN (Cobar) said it was a person who was authorised by the Board who was to use this 

 authority, and he did not think the Board would allow him to do more than he ought. 



The question was put and lost by a large majority. 



Mr. T. BROWN, M.L.A. (Budgerabong), moved that the words " the Minister or from " be struck 

 out of line 26. 



Mr. WILKES (Broken Hill) seconded the motion. 



Mr. T. SHOWN, M.L.A. (Biidgcrabong), explained that this was merely to leave the power in the 

 hands of the Board. 



Mr. ALISON (Canonbar) said that if they struck out those words they did not leave the Minister 

 any power of entry. Surely it was advisable that the Minister should have power of entry. It could do 

 no harm. He did not see what it was put in for. But then he did not see why it should be struck out. 

 The Minister should have power to go in and have a look if he liked. 



Mr. FLANAGAN (Gunbar) did not agree with Mr. Alison. He said it would be a very strange 

 proceeding if they wanted to go on a man's land to kill the rabbits if they had to wait for the permission 

 of the Minister. 



Mr. BACON (Brewarrina) said it would be an absurd thing to limit the Crown. 



The question was put and lost by 18 votes to 17. 



Clause 48, as amended, was put to the meeting and carried. 



Clause 49. 



Various offences. 



49. Any person who 



() wilfully carries, drives, or passes any live rabbit through, under, or over any rabbit- 

 proof t'ence or gate ; or 



(J) wilfully leaves open any gate in a rabbit-proof fence ; or 



(c) without lawful authority (the proof of which shall be on the person claiming to have 

 the same) wilfully destroys, injures, tears-up, depresses, or removes any portion of a 

 rabbit-proof fence or gate, or excavates under, or in any way tampers with, any portion 

 of such fence or gate, so as thereby to endanger its effectiveness ; or 



(<7) attempts to do any such act as is hereinbefore mentioned, or procures the same to be 



done 



shall be liable to be imprisoned, with or without hard labour, for any term not exceeding six 

 months, or to pay a penalty not exceeding one hundred pounds, or both. 



A rabbit-proof fence or gate, for the purposes of this section, shall mean a fence or gate 

 apparently intended to protect any land from rabbits, and shall include a barrier fence, or gate 

 therein, and it shall be immaterial whether or not such fence or gate is in accordance with the 

 requirements of this Act. 



Mr. WJLKES -(Broken Hill) proposed, " That clause 49 as printed be passed." 



Mr. BACON (Brewarrina) seconded the motion. 



The question was put to the meeting and carried. Clause 



