Orchard and Garden Diseases, 
rNo. 138. 
6 
{^l.) Fails to faithfully observe and perform any duty or obligation 
imposed on him by this Act or by any Order in Council 
or regulation thereunder : 
Provided that it shall be lawful to sell or offer for sale in the 
Provincial District of Auckland, or convey from one part of the said 
provincial district to any other part thereof, fruit affected with codlin- 
moth to the extent of not more than five per centum. 
16. Every person who commits an offence against this Act is 
liable to a fine not exceeding twenty pounds. 
17. All fines under this Act shall be recovered in a summary 
way under ‘‘ The Justices of the Peace Act, 1908,” before a Magistrate 
alone, and upon prosecution by an Inspector or some person authorised 
by the Minister in that behalf. 
18. (1.) All fines and other moneys recovered or received under 
this Act shall be paid into the Public Account and form part of the 
Consolidated Fund. 
(2.) All expenses incurred in the administration of this Act shall 
be paid out of moneys to be appropriated by Parliament for that 
purpose. 
19. (1.) An action shall not be brought against an Inspector or 
other authorised officer or assistant acting in execution of this Act 
for anything done in pursuance thereof or under the authority thereof, 
unless such action is commenced within three months after the cause 
of action arose. 
(2.) The defendant in any such action may give this Act and any 
special matter in evidence. 
20. (1.) The Governor may from time to time, by Order in Council 
gazetted, make regulations—■ 
(u.) Prescribing the manner in which diseased plants or fruit and 
infected packages shall be treated, cleansed, destroyed, or 
otherwise disposed of; 
(6.) Prescribing the conditions under which any package or case 
may be used more than once for the carriage of fruit or 
plants; 
(c.) Providing for the registration of such orchards as are nurseries, 
and the terms and conditions of such registration ; 
(d.) Prescribing the matters in respect whereof fees shall be payable 
under this Act, fixing the amount of such fees, and the mode 
of the payment and recovery thereof ; and 
(e.) Generally for any other purpose for which regulations are 
contemplated by this Act, or which he deems necessary 
in order to give full effect to this Act. 
(2.) All such regulations shall, within fourteen days after the 
gazetting thereof, be laid before Parliament if sitting, or if not, then 
within fourteen days after the commencement of the next ensuing 
session. • 
Fine for offences. 
1903, No. 67, sec. 16 
Recovery of fines. 
Ibid, sec. 17 
Fines to be paid 
into Public Account. 
Ibid, sec. 18 
Expenses of 
administration. 
Ibid, sec. 19 
Limitations of 
actions against 
Inspectors. 
Ibid, sec. 20 
Regulations. 
Ibid, sec. 21 
