Vicarious liability.
Evidence. Analyst's certificate.
offence to a farther fine of one thousand dollars for every day subsequent to the date on which he is convicted of the offence during which the contravention continues.
10. Wherever any person is accused of an offence against these regulations any material fact known to an employee of the accused person shall be deemed to have been known by the accused person and it shall constitute no defence that an employee acted without the authority of the accused person.
11. (1) A certificate signed by the Government Chemist, or by a person appointed by the Governor to make analyses for the purposes of these regulations, if it purports to relate to any agricultural poison, shall in any proceedings under these regula tions be conclusive evidence as to the facts stated therein.
(a) Any such certificate purporting to be signed by the Government Chemist or person appointed by the Governor to make analyses shall, until the contrary is proved, be deemed to have been signed by him.
SCHEDULE.
Phosphoras (compounds, the following-
Bis-dimethylaminophosphorous anhydride;
Diethylparanitrophenyl thiophosphate;
Hexaethyl telraphosphate;
Octamethyl pyrophosphoramide:
Tetraethyl pyrophosphate;
together with homologous and related compounds.
онце
Clerk of Councils,
[reg, 2]
Explanatory Note.
(This note is not part of the regulations, but is intended
only to indicate their general purport).
Certain organic phosphorous compounds which were originally produced for war purposes have now been developed for use as insecticides and have been recently imported into the Colony for sale to farmers. The more common of these are known as "Falidel E. 606", "Foafer", "Baaudin" and "Duphar". These insecticides, even when diluted, are highly dangerous to all forms of animals life and several accidental deathe (both of human beings and of cattle) have occurred as a result of lack of appreciation of the extreme care necessary when using them for agricultural purposes.
It is therefore considered essential in the public interest to take drastic measures to preclude the possibility of further accidental deaths resulting from their use. These measures are contained in the Emergency (Agricultural Poisons) Regulations, 1955, the principal provisions of which
are
(a) the acquisition, importation and all use of these insecticides are
banned forthwith (regulation 3);
(b) possession of these insecticides is prohibited as from 16th August, 1955 (regulation 4). It will therefore be necessary for all those in possession of stocks to dispose of them before that date in accordance with regulation 5. That regulation provides two alternatives, the first, intended for farmers who hold small stocks for agricultural use, requires delivery to the Director of Agricul- ture, Fisheries & Forestry, whilst the second, intended for persona who bald stocks for sale, requires export from the Colony before the 15th August, 1956. Should export within this time prove impracticable in any particular case, the Director of Agriculture. Fisheries & Forestry has discretion to issue & permit allowing possession until export proves possible.
(c) authority is given to the Director of Agriculture, Fisheries & Forestry to appoint inspectors for the purpose of enforcing the regulations and to magistrates to order forfeiture of insecticides in respect of which the law is broken (regulations 7 and 8); (d) a maximum penalty of a fine of five thousand dollars and imprison- ment for a year is specified for contravention of the regulationa (regulation 9).
(Secretariat 3/3781/55)
COUNCIL CHAMBER,
13th July, 1955-