Queensland Consolidated Acts

BRANDS ACT 1915 - SECT 22

22 Stock on which brand has been altered or blotched to be deemed unbranded

(1) Any horse or cattle bearing a brand which has been altered, defaced, rendered illegible, or blotched shall be held to be unbranded, and any cattle, or sheep, or goats upon which the ear has been cut or cropped contrary to this Act shall be held to be not earmarked, and any inspector who is of the opinion that any horse or cattle bears a brand which has been altered, defaced, rendered illegible, or blotched, or that the ear upon any cattle or sheep has been cut or cropped contrary to this Act, may seize such horse, cattle or sheep and detain same for the purposes of inquiring into such branding or earmarking or of any prosecution; and if in the case of any prosecution the defendant shall be found guilty of the offence of which the defendant is charged, any such stock so seized and detained for the purposes of such prosecution may be forfeited to Her Majesty by the order of the adjudicating court and thence become the property of Her Majesty and may be disposed of by the Minister in such manner as the Minister thinks fit.

(1A) However, the conviction of any person proceeded against upon any such prosecution shall not render the stock the subject matter of the prosecution liable to forfeiture as against the owner thereof if such owner proves to the satisfaction of the court that the owner did not know and had no means of knowing—

(a) that the brand borne by any horse or cattle comprising such stock had been altered, defaced, rendered illegible, or blotched; or

(b) that the ear of any cattle, or sheep, or goat comprising such stock had been cut or cropped contrary to this Act.

(2) Both the owner and the person in charge thereof at the time of their seizure shall be liable for the payment of all expenses incurred by an inspector in seizing and detaining any stock under this section.

(2A) In the event of the sale price of any such stock (whether sold after their forfeiture to the Crown or sold under subsection (3) ) not being sufficient to defray in full such expenses as aforesaid, both the aforesaid persons shall also be liable for the amount of the insufficiency.

(2B) If any person fails to pay any moneys payable by the person hereunder upon demand made by an inspector the amount thereof may be recovered from the person in a summary way under the Justices Act 1886 or by action as for a debt due to the Crown in a court of competent jurisdiction.

(3) If no prosecution is instituted in relation to any stock seized and detained hereunder or, if upon such prosecution the adjudicating court does not order such stock to be forfeited to the Crown, the inspector may, upon the completion of the inquiry for the purposes of which such stock were seized and detained, or (as the case may be) of the prosecution, publish in some newspaper circulating in the locality where such stock were seized a notice that such stock will be sold to defray the expenses of their seizure and detention.

(3A) Such notice shall specify the place, date, and time of sale, and such date shall be not less than 7 days after the date of publication of the notice.

(3B) The stock concerned shall be sold by public auction upon the date and at the place and time specified in the notice unless such expenses as aforesaid are sooner paid in full.

(3C) All costs incurred by an inspector in carrying out the provisions of subsections (3) to (3B) in relation to any stock shall be and be deemed to be included in and shall form part of the expenses incurred in seizing and detaining such stock.

(4) The sale price of any stock sold under subsection (3B) shall be paid to the chief executive, who, after defraying thereout all expenses incurred by any inspector in seizing and detaining such stock, shall pay the balance (if any) to the owner of such stock.

(5) No person shall have any claim for any loss or damages sustained or alleged to have been sustained by the person, whether directly or indirectly, or, except as hereinafter provided, any other right or remedy whatsoever against the Crown or the Minister or any inspector or any other person whomsoever by reason or in respect of the seizure or detention or sale of any stock under this section.

(6) However, subsection (5) shall not prejudice the right of an owner of stock which, having been seized and detained hereunder, have not been forfeited to the Crown as herein provided, to recover possession thereof upon paying in full all expenses incurred by the inspector concerned in relation to such seizure and detention before such stock have been sold pursuant to subsection (3B) .