Royal Agricultural Society Regulations 1942

The Regulations directly affect three classes of entity: (1) registered Agricultural Societies in Western Australia, typically local show societies; (2) the Royal Agricultural Society (RAS) as the administering body; and (3) individuals who are members of, exhibitors at, or participants in agricultural shows (including owners of livestock). Each society must comply with show conditions, date approvals, judge prohibitions, annual reporting, and fee payments. Failure to hold a show for two years without permission risks deregistration, which is a serious penalty that removes the society’s legal status under the Act.

The RAS itself is affected because it must convene conferences on request, adjudicate appeals, compile judge lists, approve show schedules, and manage deregistration proceedings. The RAS secretary has powers to inspect minute books and records of any society accused of breaching regulations or uniform by‑laws (regulation 19). The RAS Council has broad discretion on appeals: it can confirm, reduce, or increase a penalty, substitute a fine for disqualification, remit the matter, or make any order it thinks necessary (regulation 8(v)). This gives the RAS quasi‑judicial authority over disputes arising within local societies.

Individuals affected include exhibitors and owners of livestock who may be disqualified for breaches of by‑laws, and who must navigate the appeal process within tight timeframes (14 days to receive notice, one month to appeal). The appeal deposit of $6.30, while low in nominal terms, may be a practical barrier if the fee has not been updated since decimal conversion (1966) and inflation has eroded its significance, though the Regulations themselves have not increased it. Judges are affected because the RAS can prohibit anyone not on its official list from judging; this creates a barrier to entry for competent but unlisted persons, potentially limiting the pool of judges and raising costs for societies that want to choose their own adjudicators.

The Minister is involved as the final appellate authority on appeals brought by a society against a RAS Council decision; the Minister can exercise the same powers as the Council (regulation 10). The Regulations thus affect state government administration as well, though the Minister’s role is limited to appellate review and no other ministerial functions are specified.

Duties of Agricultural Societies. Every society must elect a delegate and proxy at its annual general meeting and notify the RAS secretary (regulation 5). It must apply each year for a date to hold its show and must not hold a show on any other date (regulation 11). Show conditions must be strictly followed; a proof schedule of prizes must be submitted to the RAS for approval before publication (regulation 12(iii)). Within three months of the close of each financial year, a society must forward to the RAS a report, balance sheet, list of office bearers, and copies of all local by‑laws passed that year (regulation 15). Annual affiliation fees of $2.10 are payable on 1 July (regulation 16). If a society fails to hold a show for two years, it must seek permission under regulation 17 or risk deregistration (regulation 6(a)). On winding up, the society must apply its funds to objects approved by the RAS and not distribute to members (regulation 18).

Rights of Agricultural Societies. A society threatened with deregistration has the right to 14 days’ written notice and to attend and be heard at the council meeting (regulation 6 proviso). If penalised by the RAS on appeal, a society may appeal to the Minister (regulation 10). A society may apply for recess and may have its affiliation fee waived (regulation 17).

Duties of the RAS. The RAS must convene a conference within three months on request of a majority of societies, with 21 days’ notice (regulation 4). The secretary must give notice of disqualifications to all societies within 14 days of the first council meeting after the appeal period ends, unless the council directs otherwise (regulation 9(i)). The RAS must compile an official list of judges (regulation 13). It must fix a hearing date for appeals and give 7 days’ notice (regulation 8(iv)). On deregistration, a special council meeting must be called (regulation 6).

Rights of Individuals. A person disqualified, fined, or otherwise penalised by a society has the right to receive notice by prepaid registered post within 14 days, with a copy of regulation 8 enclosed (regulation 8(i)). That person may appeal to the RAS Council within one month, provided they pay the $6.30 deposit and state grounds (regulation 8(ii)-(iii)). At the hearing, the Council may allow fresh evidence only by leave (regulation 8(vi)). The person may also have the disqualification annulled by the RAS on its own motion or on application by the original society (regulation 9(iii)). However, there is no individual right of appeal to the Minister; only the society has that right under regulation 10(i).

The Regulations create no direct monetary penalty for breaches; instead, enforcement works through two mechanisms: deregistration and disqualification. Deregistration is the ultimate penalty for a society. It can be triggered by failure to hold a show for two years without permission (regulation 6(a)) or by breach of a uniform by‑law (regulation 6(b)). The process requires a council resolution after a special meeting with 14 days’ notice to the society, which can attend and be heard. Deregistration means the society ceases to exist as a registered entity under the Act. This is a severe, binary sanction with no provision for lesser penalties (e.g. a fine) for societies. The Regulations do not specify what happens to a deregistered society’s property or liabilities, other than the winding up rule in regulation 18, which applies when a society winds up voluntarily or “for any other reason”. That provision may catch deregistration, but it is not explicit.

Disqualification is the main penalty for individuals. A society can disqualify, fine, or otherwise penalise a person for breach of a local or uniform by‑law (regulation 8(i)). The disqualified person is then ineligible to be a member of or exhibitor at any society’s show until the period expires or the disqualification is annulled (regulation 9(ii)). The RAS can also disqualify livestock accepted at a show held contrary to the Act, and disqualify the exhibitor or owner at the RAS’s pleasure (regulation 14). The RAS Council can increase the penalty on appeal (regulation 8(v)(b)). Enforcement of disqualification relies on all societies being notified by the RAS secretary, creating a de facto industry‑wide ban. There is no provision for a monetary fine payable to the state; the only fee is the $6.30 appeal deposit, which can be applied to costs.

Breach of regulations or uniform by‑laws can be reported by any society member to the RAS secretary, who may inspect the society’s minute books and records and report to the Council (regulation 19). This creates a complaint‑driven enforcement channel, but the Regulations do not specify what action the Council must take on the report; presumably it could initiate deregistration proceedings under regulation 6(b). The absence of a specific penalty for breaches by individuals beyond disqualification means the system relies on the deterrent effect of exclusion from shows. For societies, the deterrent is loss of registration and thus inability to hold shows under the Act.

The Regulations are made under the Royal Agricultural Society Act 1926. They cannot confer powers beyond that Act. The Act itself is not provided in full, but references to “uniform by‑laws” and “section 6” indicate it is the primary legislation. Where the Regulations conflict with the Act, the Act prevails. Section 2 of the Act defines key terms adopted by regulation 3. The Regulations also refer to “local by‑laws” made by individual societies; these by‑laws must be consistent with the Regulations and the Act. The uniform by‑laws made under section 6 of the Act have binding force on all registered societies; breach is a ground for deregistration (regulation 6(b)).

The Decimal Currency Act 1965 (Commonwealth) amended the Regulations to convert pre‑decimal currency amounts (pounds, shillings, pence) to dollars (e.g. $1.05, $2.10, $6.30 in regulation 16 and regulation 8(iii)). This is a purely mechanical interaction. Other Western Australian legislation that may interact includes the Associations Incorporation Act 2015, since many agricultural societies are likely incorporated associations. The Regulations do not mention that Act; the winding‑up provision (regulation 18) may conflict with the Associations Incorporation Act’s distribution rules if a society is also incorporated. The Regulations require funds to be devoted to similar objects approved by the RAS, and prohibit distribution to members, which aligns with typical not‑for‑profit winding‑up rules but may duplicate or override incorporated association rules. Similarly, show regulation conditions (e.g. animal welfare, biosecurity) may interact with the Animal Welfare Act 2002 or the Biosecurity and Agriculture Management Act 2007, though the Regulations are silent on that. The RAS’s list of judges may intersect with occupational licensing or anti‑discrimination laws; a challenge could arise if the list is used to exclude persons without reasonable cause, but the Regulations have not been tested. The appeal mechanism to the Minister under regulation 10 may interact with judicial review under the Judicial Review Act 2004 or the common law, but the Regulations do not oust the jurisdiction of courts.

The Royal Agricultural Society Regulations 1942 were originally gazetted on 27 March 1942 and commenced on that date. They have undergone three amendments. First, the Decimal Currency Act 1965 (No. 113 of 1965), which came into operation on 14 February 1966, amended references to amounts in pounds, shillings, and pence to decimal currency. This affected regulation 8(iii) (appeal deposit) and regulation 16 (registration and affiliation fees), converting them to the dollar amounts still in force today. Second, the Miscellaneous Amendments Regulations 1997, gazetted 6 January 1998, deleted regulation 2. The content of deleted regulation 2 is not provided, but it likely dealt with a matter no longer considered necessary. Third, the Royal Agricultural Society Amendment Regulations 2004, gazetted 30 December 2004 and effective 1 January 2005, deleted regulation 7 and amended regulation 10. Regulation 7 previously dealt with appeals (likely a now‑superseded provision). The amendment to regulation 10 clarified that a society may appeal to the Minister against any decision made by the RAS under the appeals process. The 2004 amendments also prompted a reprint (Reprint 1) as at 7 May 2004, which incorporated all amendments up to that date. The Regulations have not been amended substantively since 2004. The fee amounts remain at their 1966 levels, which inflation has rendered negligible in real terms. This means the barrier to registration and affiliation is low, but also the appeal deposit is trivial, reducing its deterrent effect against frivolous appeals. The lack of further amendment suggests the regulatory framework is either stable or neglected; the agricultural show sector may operate largely outside these formal provisions.

The Regulations themselves have no recorded litigation history in the provided source. The text of the Regulations does not cite any cases, and the compilation table contains no references to court decisions. This does not necessarily mean no litigation has occurred; it means the source provided does not mention any. Given the Regulations’ age and obscure subject matter, it is likely that disputes have been resolved internally through the RAS appeal mechanism or by informal agreement rather than through the courts. The only potential avenue for litigation would be judicial review of a RAS decision (e.g., deregistration or disqualification) on grounds of procedural fairness. The Regulations include some procedural safeguards (notice, right to be heard at deregistration meetings, appeal rights), which may reduce successful challenges. However, the broad discretionary powers in regulation 8(v)(e) , “make such other order as… may be necessary to ensure the determination of the merits” , could be vulnerable to challenge if exercised arbitrarily. Similarly, the RAS’s power to compile an official list of judges and prohibit others (regulation 13) could be challenged as a restraint on trade or as ultra vires the Act. No such challenges are reported in the source. The lack of litigation history may indicate that the Regulations are seldom enforced strictly, or that the affected parties lack resources for court action. Practitioners advising agricultural societies or exhibitors should note that while court cases are absent, the Regulations confer substantial discretion on the RAS, and any challenge would need to be grounded in the enabling Act’s limits.

Several provisions contain traps for the unwary. The appeal deposit ($6.30) has not been updated since 1966. While trivial in amount, the Regulation requires it to accompany the notice of appeal (regulation 8(iii)); failure to pay may invalidate the appeal. The RAS may order its disposal (regulation 8(v)(f)), but it is unclear whether it is refundable on success. The 14‑day notice period for a society to provide notice of a penalty to the person concerned is strict: the secretary must give notice by prepaid registered post within 14 days and enclose a copy of regulation 8 (regulation 8(i)). Failure to comply may affect the enforceability of the penalty. Time limits are tight: an individual has only one month from receipt of notice to appeal (regulation 8(ii)). For societies, the deregistration notice period is 14 days (regulation 6 proviso). The RAS’s power to prohibit unlisted judges (regulation 13) is a significant restriction on a society’s freedom to choose its own adjudicators. A society wishing to appoint a judge not on the list may need to apply to have the person added, and there is no mechanism in the Regulations for challenging a refusal. The stock disqualification power (regulation 14) is absolute: livestock accepted at a show “held contrary to the provisions of the Act” may be disqualified by the RAS, as may the exhibitor or owner, “during the pleasure of the Royal Agricultural Society”. This indefinite disqualification period raises fairness concerns, especially if the show’s contravention was unintentional. The recovery of appeal costs is at the RAS Council’s discretion; there is no scale or cap (regulation 8(v)(f)). The RAS may inspect a society’s minute books and records on a mere report of a breach (regulation 19); there is no requirement for a formal complaint or evidence. The winding‑up rule (regulation 18) prohibits distribution to members, which may surprise a society that assumed it could distribute surplus to members. The uniform by‑laws are not set out in the Regulations; they are made under section 6 of the Act and can be amended without amending the Regulations. A society must keep current copies. Fees are outdated and may be overlooked; the annual affiliation fee of $2.10, if unpaid, could theoretically trigger deregistration for breach of a uniform by‑law. The Ministerial appeal (regulation 10) is available only to the society, not to the individual penalised. An individual who loses an appeal to the RAS cannot take the dispute to the Minister; the society that originally imposed the penalty can. This asymmetry limits the individual’s recourse.

For an Agricultural Society, compliance involves several recurring steps. Annual reporting: within three months of the end of each financial year, prepare and forward to the RAS a report, balance sheet, list of office bearers, and any new local by‑laws (regulation 15). Delegate and proxy election: at each annual general meeting, elect one delegate and one proxy for conferences and notify the RAS secretary in writing (regulation 5). The appointment is deemed to continue for one year or as determined by uniform by‑law. Show date application: before a date fixed by the RAS each year, apply for a date to hold the show; do not hold a show on any other date (regulation 11). Show conditions: ensure the show is conducted strictly in accordance with conditions prescribed or approved by the RAS Council. Submit a proof schedule of prizes to the RAS for approval before issuing or publishing (regulation 12). Judges: use only judges whose names appear on the RAS’s official list; if a desired judge is not on the list, apply to the RAS to have them added (regulation 13). Fees: pay the annual affiliation fee of $2.10 on 1 July (regulation 16). If the society cannot hold a show, apply for recess permission under regulation 17 to avoid deregistration. If the society is in recess, request a waiver of the affiliation fee. Disciplinary penalties: if the society disqualifies, fines, or otherwise penalises a person, the secretary must within 14 days send written notice by registered post to that person, enclosing a copy of regulation 8. Also notify the RAS secretary within 14 days, with the minute and evidence notes (regulation 8(i)). Responding to deregistration: if the RAS proposes to cancel registration, the society may attend the council meeting and be heard (regulation 6 proviso). Winding up: on winding up, apply the surplus funds to objects approved by the RAS; do not distribute to members (regulation 18). By‑law compliance: ensure compliance with all uniform by‑laws (regulation 6(b)), and keep local by‑laws consistent. Record keeping: maintain minute books and records as the RAS secretary may inspect them upon a breach report (regulation 19).

For an individual exhibitor or member, compliance means adhering to local and uniform by‑laws to avoid disqualification or fines. If penalised, act quickly: the notice will arrive by registered post; within one month, give written notice of appeal to both the RAS secretary and the society’s secretary, stating grounds, and enclose $6.30 (regulation 8(ii)-(iii)). Pay attention to the deposit; failure to include it may invalidate the appeal. If the appeal is dismissed, the disqualification becomes industry‑wide (regulation 9(ii)). To have a disqualification annulled, apply through the original society or ask the RAS to consider annulment on its own motion (regulation 9(iii)). Avoid entering livestock at shows held contrary to the Act, as both the stock and the exhibitor may be indefinitely disqualified (regulation 14).