Primary Industries Legislation Amendment Act 2019

Authorised by the Chief Parliamentary Counsel Authorised Version i Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 4 Part 2—Amendment of the Catchment and Land Protection Act 1994 5 3 Secretary may do certain work 5 4 New section 79AA inserted 5 Part 3—Amendment of the Dairy Act 2000 7 5 Definitions 7 6 Delegation 7 Part 4—Amendment of the Drugs, Poisons and Controlled Substances Act 1981 8 7 Part IVA definitions 8 8 New section 69AB inserted 8 9 New section 148 inserted 9 Part 5—Amendment of the Fisheries Act 1995 10 10 Consultation principles 10 11 Definitions and interpretative provisions 10 12 Management plans 10 13 General permit 11 14 Offence to fail to comply with licence or permit conditions 11 15 Powers of Victorian Fisheries Authority to cancel or suspend licences 11 16 Transfer of individual quota units 12 17 Offences in relation to size and catch limits 12 18 Possession of fish taken in non-Victorian waters 13 19 Offences concerning prohibited noxious aquatic species 13 20 Revocation of permit 13 21 Provisions applying to fisheries reserves 14 22 References in this Part to offences include associated offences under other Acts 15 -- 1 of 65 -- Section Page ii Authorised by the Chief Parliamentary Counsel 23 Powers of entry and inspection 16 24 Powers to search land or premises 17 25 Forfeiture or return of things seized or retained 17 26 Offences with respect to authorised officers 18 27 Sale of fish taken in contravention of this Act or corresponding law 18 28 Liability for offences 18 29 Court may prohibit person from being on boats or certain places 18 30 Protection from criminal responsibility for certain ancillary conduct 19 31 Repeal of section 135 19 32 Substitution of section 136 19 33 Immunity provision 20 34 Victorian Fisheries Authority may supply names to representative bodies 20 35 Royalties 20 36 Restriction against commercial net fishing in Port Phillip Bay 20 37 Compensation 21 38 New section 163F inserted 21 39 Statute law revision amendments 22 Part 6—Amendment of the Game Management Authority Act 2014 23 40 Definitions 23 41 Exercise of powers 23 42 New section 8A inserted 23 43 Conditions of appointment of members 25 44 New section 11A inserted 25 45 Disclosure of information 26 46 Chief executive officer 26 47 Application of Conservation, Forests and Lands Act 1987 to authorised officers 27 48 Application of Conservation, Forests and Lands Act 1987 to the Authority 27 Part 7—Amendment of the Livestock Disease Control Act 1994 28 49 Separation of livestock 28 50 Requirements for vendor declarations when livestock moved 28 51 Quarantine areas 29 52 Offences 29 53 Separation or isolation of livestock 30 54 Testing for diseases 31 55 Payments out of the Cattle Compensation Fund 31 56 Payments out of the Sheep and Goat Compensation Fund 31 57 Treatment notice 32 58 Infringement notices 33 -- 2 of 65 -- Section Page iii Authorised by the Chief Parliamentary Counsel 59 Statute law revision amendment—Definitions 34 Part 8—Amendment of the Meat Industry Act 1993 35 60 Definitions 35 61 Slaughter at unlicensed premises 35 62 Unlicensed facilities 36 63 Powers of inspectors 36 Part 9—Amendment of the Melbourne Market Authority Act 1977 37 64 Definitions 37 65 Land at West Melbourne ceases to be market land 37 66 Powers of the Authority 38 67 Proceedings of the Authority 38 68 Limitation on extent to which Authority may enter into contracts 38 69 Section 26 substituted 38 70 Revocation of notice under section 34 39 71 Leases etc. to be subject to certain terms 39 72 References to market area 39 73 Repeal of sections 39, 42 and 45 40 74 New section 47 inserted 40 75 Schedule 2 repealed 40 76 New Schedule 3 inserted—Market land 41 77 References to change of market name 42 78 Substitution of gender neutral language 43 Part 10—Amendment of the Plant Biosecurity Act 2010 46 79 Definitions 46 80 Importation of prescribed material 46 81 Declaration of control areas 47 82 Procedures on taking samples 48 83 Regulations 48 Part 11—Amendment of the Veterinary Practice Act 1997 50 84 Effect of suspension of registration 50 85 New Subdivision heading inserted 50 86 Constitution of a panel for an informal hearing 50 87 Request for formal hearing on completion of informal hearing 50 88 New Subdivision heading inserted 51 89 Findings and determinations of a formal hearing into conduct 51 90 Findings and determinations of a formal hearing into ability to practise 51 91 Advertising 51 92 New section 80A inserted 53 93 Identification 54 94 New section 86A inserted 54 95 Regulations 54 -- 3 of 65 -- Section Page iv Authorised by the Chief Parliamentary Counsel Part 12—Amendment of the Wildlife Act 1975 55 96 Definition of relevant offence in Part IX 55 Part 13—Amendment of other Acts 56 97 Confiscation Act 1997 56 98 Conservation, Forests and Lands Act 1987 56 99 Crown Land (Reserves) Act 1978 56 100 Environment Protection Act 1970 57 101 Firearms Act 1996 57 102 Land Act 1958 57 Part 14—Repeals 59 103 Repeal of Acts 59 Part 15—Repeal of amending Act 60 104 Repeal of amending Act 60 ═════════════ Endnotes 61 1 General information 61 -- 4 of 65 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Primary Industries Legislation Amendment Act 2019† No. 40 of 2019 [Assented to 6 November 2019] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The purposes of this Act are— (a) to amend the Catchment and Land Protection Act 1994 to provide for court orders to compensate the Secretary for expenses incurred in carrying out work to have been carried out by landowners who have been found guilty of offences relating to the failure to carry out that work; and (b) to amend the Dairy Act 2000 to allow production of camel milk to be regulated under that Act and to make another minor amendment; and Victoria -- 5 of 65 -- Part 1—Preliminary Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 2 Authorised by the Chief Parliamentary Counsel (c) to amend the Drugs, Poisons and Controlled Substances Act 1981 to make miscellaneous amendments; and (d) to amend the Fisheries Act 1995— (i) to abolish the Licensing Appeals Tribunal and transfer its review functions to VCAT; and (ii) to make various amendments to offences and penalties and other enforcement mechanisms in relation to fisheries; and (iii) to clarify search and seizure powers in relation to fisheries offences; and (iv) to allow the holders of Western Port/Port Phillip Bay Fishery Access Licences to receive early payment of compensation for the early surrender of their rights to use fishing nets; and (v) to make other improvements to the regulation and management of fisheries; and (e) to amend the Game Management Authority Act 2014 to make minor amendments to improve the governance arrangements in that Act and to allow authorised officers to enforce related offences under other Acts; and (f) to amend the Livestock Disease Control Act 1994 to improve enforcement powers, prescribe new infringement offences, increase certain penalties and make other minor amendments; and -- 6 of 65 -- Part 1—Preliminary Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 3 Authorised by the Chief Parliamentary Counsel (g) to amend the Meat Industry Act 1993 to allow vehicles to be used as meat processing facilities and to make other miscellaneous amendments; and (h) to amend the Melbourne Market Authority Act 1977 to redefine the market land and make other minor and consequential amendments; and (i) to amend the Plant Biosecurity Act 2010 to improve enforcement powers and provide further for the importation and introduction of prescribed material; and (j) to amend the Veterinary Practice Act 1997 to provide for infringement notices to be served in relation to certain offences, to increase the fine for serious unprofessional conduct and to make other miscellaneous amendments; and (k) to amend the Wildlife Act 1975 to amend the definition of relevant offence; and (l) to make miscellaneous and consequential amendments to the Confiscation Act 1997, the Conservation, Forests and Lands Act 1987, the Crown Land (Reserves) Act 1978, the Environment Protection Act 1970, the Firearms Act 1996 and the Land Act 1958; and (m) to repeal the Broiler Chicken Industry Act 1978, the Broiler Chicken Industry (Amendment) Act 1991 and the Livestock Disease Control Amendment Act 2007. -- 7 of 65 -- Part 1—Preliminary Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 4 Authorised by the Chief Parliamentary Counsel 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 February 2020, it comes into operation on that day. -- 8 of 65 -- Part 2—Amendment of the Catchment and Land Protection Act 1994 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 5 Authorised by the Chief Parliamentary Counsel Part 2—Amendment of the Catchment and Land Protection Act 1994 3 Secretary may do certain work For section 79(5) of the Catchment and Land Protection Act 1994 substitute— "(5) The amount of any expenses necessarily incurred by the Secretary in carrying out work or any other action under subsection (1) or (2) is a debt due to the Crown and may be recovered in a court of competent jurisdiction. (6) Any amount that is recovered by the Secretary under subsection (5) for expenses incurred by the Secretary in relation to non-compliance with a land management notice or a land use condition must not include any amount of compensation that has been, or is required to be, paid to the Secretary under an order made under section 79AA in relation to those expenses.". 4 New section 79AA inserted After section 79 of the Catchment and Land Protection Act 1994 insert— "79AA Power of court to make an order for compensation to Secretary for expenses under section 79 (1) If a court finds a person guilty of an offence under section 35(1) or 41(1), the Secretary may make, or cause an application to be made, to the court for an order that the person pay for expenses necessarily incurred by the Secretary in carrying out work or any other action under section 79(1) or (2) (as the case requires) because of the commission of the offence. -- 9 of 65 -- Part 2—Amendment of the Catchment and Land Protection Act 1994 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 6 Authorised by the Chief Parliamentary Counsel (2) The court may, on receiving an application under subsection (1) in relation to a person and if satisfied that the Secretary has incurred the expenses referred to in that subsection, make an order that the person pay to the Secretary an amount of compensation that the court thinks fit for the expenses incurred by the Secretary. (3) The court may not make an order under subsection (2) for an amount of compensation that exceeds the expenses of the Secretary necessarily incurred under section 79(1) or (2) (as the case requires). (4) A statement in a certificate under the seal of the Secretary as to the amount of expenses incurred by the Secretary referred to in subsection (1) is evidence of the value of that amount.". -- 10 of 65 -- Part 3—Amendment of the Dairy Act 2000 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 7 Authorised by the Chief Parliamentary Counsel Part 3—Amendment of the Dairy Act 2000 5 Definitions In section 3 of the Dairy Act 2000— (a) for the definition of dairy farm substitute— "dairy farm means any premises where an animal is kept or milked for the purpose of producing milk for profit or sale;"; (b) for the definition of milk substitute— "milk means the mammary secretion of any milking animal;". 6 Delegation In section 17 of the Dairy Act 2000, before "any power" insert ", by name or position,". -- 11 of 65 -- Part 4—Amendment of the Drugs, Poisons and Controlled Substances Act 1981 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 8 Authorised by the Chief Parliamentary Counsel Part 4—Amendment of the Drugs, Poisons and Controlled Substances Act 1981 7 Part IVA definitions In section 61(1) of the Drugs, Poisons and Controlled Substances Act 1981, for the definition of serious offence substitute— "serious offence means— (a) an indictable offence involving dishonesty, fraud or assault; or (b) an indictable offence involving possession, or cultivation of, or trafficking in, a drug of dependence; or (c) any other indictable offence under this Act; or (d) an indictable offence under the law of another jurisdiction involving— (i) dishonesty, fraud or assault; or (ii) possession, or cultivation of, or trafficking in, a drug of dependence.". 8 New section 69AB inserted After section 69A of the Drugs, Poisons and Controlled Substances Act 1981 insert— "69AB Delegation The Secretary, by instrument, may delegate any powers or functions of the Secretary under this Part to a person, by name or by position, who is employed under Part 3 of the Public Administration Act 2004.". -- 12 of 65 -- Part 4—Amendment of the Drugs, Poisons and Controlled Substances Act 1981 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 9 Authorised by the Chief Parliamentary Counsel 9 New section 148 inserted At the end of Part XII of the Drugs, Poisons and Controlled Substances Act 1981 insert— "148 Transitional provision—Primary Industries Legislation Amendment Act 2019 (1) The substitution of the definition of serious offence in section 61(1) by section 7 of the amending Act does not apply for the purposes of the consideration of an application under section 62 received by the Secretary before the commencement of section 7 of the amending Act. (2) In this section— amending Act means the Primary Industries Legislation Amendment Act 2019.". -- 13 of 65 -- Part 5—Amendment of the Fisheries Act 1995 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 10 Authorised by the Chief Parliamentary Counsel Part 5—Amendment of the Fisheries Act 1995 10 Consultation principles Section 3A(2)(h) of the Fisheries Act 1995 is repealed. 11 Definitions and interpretative provisions (1) In section 4(1) of the Fisheries Act 1995, for the definition of commercial quantity substitute— "commercial quantity, in relation to any priority species, means the quantity of fish prescribed in respect of that priority species;". (2) Insert the following definitions in section 4(1) of the Fisheries Act 1995— "maximum size, in relation to a species of fish, means the maximum size for that species of fish specified by the regulations or in a fisheries notice; minimum size, in relation to a species of fish, means the minimum size for that species of fish specified by the regulations or in a fisheries notice;". (3) In section 4(1) of the Fisheries Act 1995, the definition of Licensing Appeals Tribunal is repealed. 12 Management plans After section 28(7)(ca) of the Fisheries Act 1995 insert— "(cb) specify a fish harvest strategy, including actions to be taken if fish stocks fall below specified levels;". -- 14 of 65 -- Part 5—Amendment of the Fisheries Act 1995 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 11 Authorised by the Chief Parliamentary Counsel 13 General permit (1) In section 49(2)(k) of the Fisheries Act 1995 omit "specified by the regulations or by a fisheries notice". (2) After section 49(8) of the Fisheries Act 1995 insert— "(9) If the Victorian Fisheries Authority has cancelled a general permit under subsection (8) on the ground that the holder of the general permit has ceased to be a fit and proper person to hold the general permit, the Victorian Fisheries Authority may specify a time not exceeding 7 years within which the same person may not apply for the issue or transfer of a fishery licence, or the issue of a permit, under this Act.". 14 Offence to fail to comply with licence or permit conditions For section 53(3)(c) of the Fisheries Act 1995 substitute— "(c) that the holder did not in any way assist, encourage or direct the person to fail to comply with the condition.". 15 Powers of Victorian Fisheries Authority to cancel or suspend licences After section 58(5) of the Fisheries Act 1995 insert— "(5A) If the Victorian Fisheries Authority has cancelled a fishery licence under subsection (5) on the ground that the holder of the fishery licence has ceased to be a fit and proper person to hold the fishery licence, the Victorian Fisheries Authority may specify a time not exceeding 7 years within which the same person may not apply for the issue or -- 15 of 65 -- Part 5—Amendment of the Fisheries Act 1995 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 12 Authorised by the Chief Parliamentary Counsel transfer of a fishery licence, or the issue of a permit, under this Act.". 16 Transfer of individual quota units For section 65A(3) of the Fisheries Act 1995 substitute— "(3) An application for the approval of a transfer must be made in the manner and form required by the Victorian Fisheries Authority.". 17 Offences in relation to size and catch limits (1) In section 68A(1)(a) of the Fisheries Act 1995 omit "specified by the regulations or by a fisheries notice". (2) For the penalty at the foot of section 68A(1) of the Fisheries Act 1995 substitute— "Penalty: 100 penalty units or imprisonment for 6 months or both.". (3) In section 68A(2) of the Fisheries Act 1995 omit "specified by the regulations or by a fisheries notice". (4) For the penalty at the foot of section 68A(2) of the Fisheries Act 1995 substitute— "Penalty: 100 penalty units or imprisonment for 6 months or both.". (5) In section 68A(3)(a) of the Fisheries Act 1995 omit "specified by the regulations or by a fisheries notice". (6) For the penalty at the foot of section 68A(4B) of the Fisheries Act 1995 substitute— "Penalty: 100 penalty units or imprisonment for 6 months or both.". (7) Section 68A(4C) of the Fisheries Act 1995 is repealed. -- 16 of 65 -- Part 5—Amendment of the Fisheries Act 1995 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 13 Authorised by the Chief Parliamentary Counsel (8) In section 68A(5) of the Fisheries Act 1995 omit "specified by the regulations or by a fisheries notice". (9) For the penalty at the foot of section 68A(5) of the Fisheries Act 1995 substitute— "Penalty: 100 penalty units or imprisonment for 6 months or both.". (10) In section 68A(7)(a) of the Fisheries Act 1995 omit "specified by the regulations or by a fisheries notice". 18 Possession of fish taken in non-Victorian waters For the penalty at the foot of section 68B(1) of the Fisheries Act 1995 substitute— "Penalty: If the offence involves exceeding the catch limit for abalone by more than twice the catch limit—100 penalty units or imprisonment for 6 months or both. In any other case—20 penalty units.". 19 Offences concerning prohibited noxious aquatic species For the penalty at the foot of section 76 of the Fisheries Act 1995 substitute— "Penalty: 200 penalty units.". 20 Revocation of permit After section 82(2) of the Fisheries Act 1995 insert— "(3) If the Victorian Fisheries Authority has revoked a permit under subsection (1) on the ground that the holder of the permit has ceased to be a fit and proper person to hold the permit, the Authority may specify a time not exceeding 7 years within which the same person may not apply for the issue or transfer -- 17 of 65 -- Part 5—Amendment of the Fisheries Act 1995 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 14 Authorised by the Chief Parliamentary Counsel of a fishery licence, or the issue of a permit, under this Act.". 21 Provisions applying to fisheries reserves (1) In section 89(3) of the Fisheries Act 1995, for "An Order in Council" substitute "A fisheries notice, the regulations or an Order in Council". (2) For section 89(3)(c) of the Fisheries Act 1995 substitute— "(c) impose penalties not exceeding 20 penalty units for any contravention of— (i) the fisheries notice; or (ii) the regulations; or (iii) the Order in Council; or (iv) a permit issued by the Victorian Fisheries Authority.". (3) For section 89(4) of the Fisheries Act 1995 substitute— "(4) If there is any inconsistency between a fisheries notice, the regulations, an Order in Council or a licence or permit issued under this Act— (a) the fisheries notice prevails to the extent of the inconsistency over the regulations, the Order in Council, the licence or the permit; and (b) the regulations prevail to the extent of the inconsistency over the Order in Council, the licence or the permit; and (c) the Order in Council prevails to the extent of the inconsistency over the licence or the permit; and -- 18 of 65 -- Part 5—Amendment of the Fisheries Act 1995 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 15 Authorised by the Chief Parliamentary Counsel (d) the relevant licences or permits are to be amended as soon as is practicable to remove the inconsistency.". (4) In section 89(5) of the Fisheries Act 1995, for "the Order in Council" substitute "a fisheries notice, the regulations, an Order in Council". 22 References in this Part to offences include associated offences under other Acts (1) In the heading to section 98 of the Fisheries Act 1995, for "Crimes Act offences" substitute "offences under other Acts". (2) In section 98(1)(c)(vi) of the Fisheries Act 1995, for "benefit)." substitute "benefit);". (3) After section 98(1)(c) of the Fisheries Act 1995 insert— "(d) an offence against section 30(1), 30A(1) or 30B of the Bail Act 1977 in respect of an offence against this Act; (e) an offence against section 31(1)(c) of the Crimes Act 1958 (assault or threaten a person) where the person assaulted or threatened is an authorised officer or police officer performing a function or exercising a power under this Act, or is a person assisting the authorised officer or police officer; (f) an offence against section 82(1) of the Crimes Act 1958 (obtaining financial advantage by deception) that is committed by doing or omitting to do an act in contravention of this Act; -- 19 of 65 -- Part 5—Amendment of the Fisheries Act 1995 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 16 Authorised by the Chief Parliamentary Counsel (g) an offence against section 83(1) of the Crimes Act 1958 (false accounting) in relation to an account, record or document that is required to be made, kept or produced for the purposes of this Act; (h) an offence against section 83A of the Crimes Act 1958 (falsification of documents) in relation to a document that is required to be made, kept or produced for the purposes of this Act; (i) an offence against section 254(1) of the Crimes Act 1958 (destruction of evidence) in relation to legal proceedings under this Act; (j) an offence against section 5AA, 6(1), 6(2) or 7(1) of the Control of Weapons Act 1990 where the prohibited weapon, controlled weapon or dangerous article is identified by an authorised officer or police officer in the course of performing a function or exercising a power under this Act; (k) an offence against section 49E of the Summary Offences Act 1966 (escaping from lawful custody) in respect of an offence against this Act.". 23 Powers of entry and inspection After section 102(6C) of the Fisheries Act 1995 insert— "(6D) An authorised officer or police officer may require a person to produce for inspection any fish or fishing equipment that is in the person's possession.". -- 20 of 65 -- Part 5—Amendment of the Fisheries Act 1995 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 17 Authorised by the Chief Parliamentary Counsel 24 Powers to search land or premises (1) In section 103(2) of the Fisheries Act 1995 omit "by information on oath". (2) In section 103(2) of the Fisheries Act 1995 omit "or by affirmation". (3) In section 103(5) of the Fisheries Act 1995 omit "it is signed by the magistrate who issued it and". (4) After section 103(6) of the Fisheries Act 1995 insert— "(7) A search warrant under this section must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act. (8) The rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.". 25 Forfeiture or return of things seized or retained (1) In section 106(5A)(a) of the Fisheries Act 1995, for "116(1)," substitute "116(1), 116(2A),". (2) In section 106(6A)(b) of the Fisheries Act 1995, after "this" insert "or any other". (3) After section 106(6A) of the Fisheries Act 1995 insert— "(6B) If any thing is seized under this Act but is not returned to the owner because the sale, possession or use of the thing is prohibited under another Act, the thing must be dealt with in accordance with that other Act.". -- 21 of 65 -- Part 5—Amendment of the Fisheries Act 1995 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 18 Authorised by the Chief Parliamentary Counsel 26 Offences with respect to authorised officers (1) In section 111(1)(e) of the Fisheries Act 1995, after "section 102" insert "(other than subsection (6D) of that section)". (2) In section 111(1)(i) of the Fisheries Act 1995, after "requirement" insert "(including a requirement under section 102(6D))". 27 Sale of fish taken in contravention of this Act or corresponding law (1) After section 116(2) of the Fisheries Act 1995 insert— "(2A) A person must not hide or conceal any fish taken or otherwise dealt with in contravention of this Act or a law of the Commonwealth or of another State or of a Territory that corresponds to this Act. Penalty: 100 penalty units or imprisonment for 6 months or both.". (2) In section 116(3) of the Fisheries Act 1995, for "means" substitute "includes". 28 Liability for offences For section 120(4)(b) of the Fisheries Act 1995 substitute— "(b) that the person, relevant access licence holder or nominee (as they case may be) did not in any way assist, encourage or direct the commission of the offence.". 29 Court may prohibit person from being on boats or certain places (1) In section 130(1)(e) of the Fisheries Act 1995, for "system." substitute "system; or". -- 22 of 65 -- Part 5—Amendment of the Fisheries Act 1995 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 19 Authorised by the Chief Parliamentary Counsel (2) After section 130(1)(e) of the Fisheries Act 1995 insert— "(f) selling, supplying, processing, receiving or otherwise dealing with fish, protected aquatic biota or noxious aquatic species.". (3) In section 130(2)(b) of the Fisheries Act 1995, before "the person" insert "there are reasonable grounds to believe". 30 Protection from criminal responsibility for certain ancillary conduct For section 131O(1) of the Fisheries Act 1995 substitute— "(1) This section applies to conduct such as involvement in the commission of a relevant offence (ancillary conduct) for which a person may be criminally responsible because the conduct involves conduct engaged in by another person that is controlled conduct for which the other person would (but for section 131L) be criminally responsible (the related controlled conduct).". 31 Repeal of section 135 Section 135 of the Fisheries Act 1995 is repealed. 32 Substitution of section 136 For section 136 of the Fisheries Act 1995 substitute— "136 Application for review by VCAT A person who is aggrieved by a reviewable decision within the meaning of section 137 may within 28 days after receiving notice of the decision apply to VCAT for a review of the decision.". -- 23 of 65 -- Part 5—Amendment of the Fisheries Act 1995 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 20 Authorised by the Chief Parliamentary Counsel 33 Immunity provision In section 142(1) of the Fisheries Act 1995 omit "a member or deputy of the Licensing Appeals Tribunal,". 34 Victorian Fisheries Authority may supply names to representative bodies For section 145A(4) of the Fisheries Act 1995 substitute— "(4) A person must not breach a condition. Penalty: 200 penalty units or imprisonment for 12 months. (5) A person must not assist, encourage or direct another person, or have any agreement, arrangement or understanding with another person, to breach a condition. Penalty: 200 penalty units or imprisonment for 12 months.". 35 Royalties In section 150(2)(b) of the Fisheries Act 1995— (a) in subparagraph (viii), after "above" insert "factors"; (b) before "fish, protected aquatic biota or noxious aquatic species" insert "or relating to". 36 Restriction against commercial net fishing in Port Phillip Bay (1) For section 153E(1)(b) of the Fisheries Act 1995 substitute— "(b) the holder of a Western Port/Port Phillip Bay Fishery Access Licence is not authorised to use any fishing net anywhere in Port Phillip Bay on or after the earlier of the following— -- 24 of 65 -- Part 5—Amendment of the Fisheries Act 1995 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 21 Authorised by the Chief Parliamentary Counsel (i) the day of receiving any compensation under section 153I(3); (ii) 1 April 2022.". (2) Section 153E(2) of the Fisheries Act 1995 is repealed. 37 Compensation After section 153I(2) of the Fisheries Act 1995 insert— "(3) The holder of a Western Port/Port Phillip Bay Fishery Access Licence who has been given a notice referred to in section 153F(3) is entitled to be paid an amount of $205 000 out of the Consolidated Fund (which is, by this subsection, appropriated to the extent necessary) on the earlier of the following— (a) on making an application to the Secretary for that amount; (b) 1 April 2022.". 38 New section 163F inserted After section 163E of the Fisheries Act 1995 insert— "163F Transitional provisions—Primary Industries Legislation Amendment Act 2019 (1) Any appeal proceeding of the Licensing Appeals Tribunal in respect of which a hearing has commenced but a determination has not been made before the commencement day is to be determined in accordance with this Act as in force immediately before the commencement day. -- 25 of 65 -- Part 5—Amendment of the Fisheries Act 1995 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 22 Authorised by the Chief Parliamentary Counsel (2) In this section— commencement day means the day on which section 31 of the Primary Industries Legislation Amendment Act 2019 comes into operation.". 39 Statute law revision amendments (1) In section 60(1) of the Fisheries Act 1995, for "or or" substitute "or". (2) In section 153C(5) of the Fisheries Act 1995, in the definition of Western Port, for "southern most" substitute "southernmost". -- 26 of 65 -- Part 6—Amendment of the Game Management Authority Act 2014 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 23 Authorised by the Chief Parliamentary Counsel Part 6—Amendment of the Game Management Authority Act 2014 40 Definitions In section 3 of the Game Management Authority Act 2014 insert the following definition— "Secretary means the Secretary to the Department of Jobs, Precincts and Regions;". 41 Exercise of powers After section 8(2) of the Game Management Authority Act 2014 insert— "(3) The Authority must operate consistently with any governance framework requirements agreed to by the Minister, the Secretary and the Authority.". 42 New section 8A inserted After section 8 of the Game Management Authority Act 2014 insert— "8A Guiding principles The Authority must have regard to the following principles when exercising its powers or performing its functions under this Act— (a) the principle of integrated decision- making, which means seeking to achieve government policy objectives through coordination between all levels of government and government agencies; -- 27 of 65 -- Part 6—Amendment of the Game Management Authority Act 2014 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 24 Authorised by the Chief Parliamentary Counsel (b) the principle of triple bottom-line assessment, which means an assessment of all the economic, social and environmental costs and benefits, taking into account externalities; (c) the principle of equity, which means— (i) equity between persons irrespective of their— (A) personal attributes including age, physical ability, ethnicity, culture, gender and financial situation; and (B) location, including whether in a growth, urban, regional, rural or remote area; and (ii) equity between generations by not compromising the ability of future generations to meet their needs; (d) the principle of an evidence-based approach, which means considering the best available information when making decisions; (e) the principle of stakeholder engagement and community participation, which means taking into account the interests of stakeholders and members of the local community in implementing appropriate processes for stakeholder engagement; (f) the principle of transparency, which means that members of the public should have access to reliable and relevant information in appropriate forms to facilitate a good understanding of game management issues and the -- 28 of 65 -- Part 6—Amendment of the Game Management Authority Act 2014 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 25 Authorised by the Chief Parliamentary Counsel process by which decisions in relation to game management are made.". 43 Conditions of appointment of members For section 11(6) and (7) of the Game Management Authority Act 2014 substitute— "(6) If the office of a member becomes vacant within 6 months of the end of the term of the office, the office may be left vacant for the remainder of the term.". 44 New section 11A inserted After section 11 of the Game Management Authority Act 2014 insert— "11A Acting Chairperson (1) The deputy Chairperson must act as Chairperson— (a) if the office of Chairperson is vacant; or (b) during any period when the Chairperson is absent; or (c) if the Chairperson is, for any other reason, unable to attend meetings of the Authority or is otherwise unable to perform the duties of the office. (2) While the deputy Chairperson is acting as Chairperson, the deputy Chairperson— (a) has and may exercise all the powers, and must perform all the functions and duties, of the Chairperson; and (b) is entitled to be paid the remuneration and allowances to which the Chairperson would have been entitled. -- 29 of 65 -- Part 6—Amendment of the Game Management Authority Act 2014 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 26 Authorised by the Chief Parliamentary Counsel (3) The Minister may appoint a member of the Authority to act as deputy Chairperson— (a) during a vacancy in the office of deputy Chairperson; or (b) during any period when the deputy Chairperson is absent; or (c) during any period when the deputy Chairperson is acting as Chairperson; or (d) if the deputy Chairperson is, for any other reason, unable to attend meetings of the Authority or is otherwise unable to perform the duties of the office. (4) While a member of the Authority is acting as deputy Chairperson, the member— (a) has and may exercise all the powers, and must perform all the functions and duties, of the deputy Chairperson; and (b) is entitled to be paid the remuneration and allowances to which the deputy Chairperson would have been entitled.". 45 Disclosure of information In section 16(3) of the Game Management Authority Act 2014, in paragraph (b) of the definition of relevant person omit "to the Department of Environment and Primary Industries". 46 Chief executive officer For section 17(2) of the Game Management Authority Act 2014 substitute— "(2) The chief executive officer is to be employed subject to terms and conditions that are approved by the Minister (on the -- 30 of 65 -- Part 6—Amendment of the Game Management Authority Act 2014 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 27 Authorised by the Chief Parliamentary Counsel recommendation of the members of the Authority) and specified in the instrument of appointment. (3) Subject to and in accordance with the policies and directions given to the chief executive officer by the Authority, the chief executive officer— (a) is responsible for the administration of the day to day management of the affairs of the Authority; and (b) is responsible for performing the functions and exercising the powers conferred on the chief executive officer under this Act; and (c) may perform any functions or exercise any powers conferred on the chief executive officer under any other Act.". 47 Application of Conservation, Forests and Lands Act 1987 to authorised officers In section 24 of the Game Management Authority Act 2014, for "appointed by the Secretary under the Conservation, Forests and Lands Act 1987" substitute "appointed under that Act by the Secretary within the meaning of that Act". 48 Application of Conservation, Forests and Lands Act 1987 to the Authority In section 25 of the Game Management Authority Act 2014, after "Secretary" insert "within the meaning of that Act". -- 31 of 65 -- Part 7—Amendment of the Livestock Disease Control Act 1994 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 28 Authorised by the Chief Parliamentary Counsel Part 7—Amendment of the Livestock Disease Control Act 1994 49 Separation of livestock Insert the following heading to section 8 of the Livestock Disease Control Act 1994— "Separation of livestock". 50 Requirements for vendor declarations when livestock moved (1) For section 8A(6)(b) of the Livestock Disease Control Act 1994 substitute— "(b) a livestock agent declaration.". (2) For section 8A(7) and (8) of the Livestock Disease Control Act 1994 substitute— "(7) An owner of livestock or a livestock agent who gives a vendor declaration or a livestock agent declaration under this section to a new owner of livestock must keep a copy of that declaration for the prescribed period after giving the declaration to the new owner. Penalty: 10 penalty units. (8) A person who is given a vendor declaration or a livestock agent declaration under this section must keep the declaration for the prescribed period after receiving the declaration. Penalty: 10 penalty units.". (3) In section 8A(9) of the Livestock Disease Control Act 1994— (a) for "or class." substitute "or class;"; -- 32 of 65 -- Part 7—Amendment of the Livestock Disease Control Act 1994 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 29 Authorised by the Chief Parliamentary Counsel (b) insert the following definition— "livestock agent declaration means a document, relating to the movement of the livestock, that is prescribed for the purposes of this section containing the prescribed particulars.". 51 Quarantine areas (1) In section 11(b)(ii) of the Livestock Disease Control Act 1994, after "remove from" insert ", or move into,". (2) At the end of section 11 of the Livestock Disease Control Act 1994 insert— "(2) An inspector may make a written authority under subsection (1) subject to any condition that the inspector considers is reasonably necessary to prevent the spread of disease.". 52 Offences (1) In section 12(1) of the Livestock Disease Control Act 1994— (a) in paragraph (a), after "expose" insert "any diseased livestock"; (b) in paragraph (b), after "expose" insert "any diseased livestock"; (c) in paragraph (c), after "place" (where first occurring) insert "any diseased livestock"; (d) in paragraph (d), after "vessel" insert "any diseased livestock"; (e) in paragraph (e), after "driven" insert "any diseased livestock"; (f) in paragraph (f), after "kept" insert "any diseased stock"; -- 33 of 65 -- Part 7—Amendment of the Livestock Disease Control Act 1994 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 30 Authorised by the Chief Parliamentary Counsel (g) in paragraph (g)— (i) for "the stock" substitute "any diseased livestock"; (ii) after "kept" (where secondly occurring) insert "the diseased livestock"; (iii) for "fenced—" substitute "fenced."; (h) omit "any diseased livestock.". (2) For section 12(3) of the Livestock Disease Control Act 1994 substitute— "(3) The Secretary may exempt any person or class of person or any class of diseased livestock from all or any of the provisions of subsection (1) or (2). (3A) An exemption— (a) may apply in relation to the whole or any part of Victoria; and (b) must state which parts of Victoria it applies to.". (3) After section 12(4) of the Livestock Disease Control Act 1994 insert— "(4A) An exemption that relates to a class of person or a class of diseased livestock must be published in full in the Government Gazette as soon as is practicable after it is granted.". 53 Separation or isolation of livestock (1) Insert the following heading to section 13 of the Livestock Disease Control Act 1994— "Separation or isolation of livestock". -- 34 of 65 -- Part 7—Amendment of the Livestock Disease Control Act 1994 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 31 Authorised by the Chief Parliamentary Counsel (2) In section 13 of the Livestock Disease Control Act 1994— (a) in subsection (1), after "are kept" insert "separate or"; (b) in subsection (2), after "are kept" insert "separate or". 54 Testing for diseases (1) For the penalty at the foot of section 16(2A) of the Livestock Disease Control Act 1994 substitute— "Penalty: 30 penalty units.". (2) For the penalty at the foot of section 16(2B) of the Livestock Disease Control Act 1994 substitute— "Penalty: 30 penalty units.". 55 Payments out of the Cattle Compensation Fund In section 72(2) of the Livestock Disease Control Act 1994— (a) after "may make payments" insert "from the Fund for the following"; (b) in paragraph (a) omit "from the capital of the Fund for"; (c) in paragraph (b) omit "from interest earned on money from the Fund for". 56 Payments out of the Sheep and Goat Compensation Fund In section 79B(2) of the Livestock Disease Control Act 1994— (a) after "may make payments" insert "from the Fund for the following"; (b) in paragraph (a) omit "from the capital of the Fund for"; -- 35 of 65 -- Part 7—Amendment of the Livestock Disease Control Act 1994 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 32 Authorised by the Chief Parliamentary Counsel (c) in paragraph (b) omit "from interest earned on money from the Fund for"; (d) in paragraph (c) omit "from the capital of the Fund or from interest earned on money from the Fund for". 57 Treatment notice For section 115(1) of the Livestock Disease Control Act 1994 substitute— "(1) An inspector who believes on reasonable grounds that any livestock is infected with a disease or that the livestock may become infected with a disease (the affected livestock) may by notice in writing to the owner or person in charge of the affected livestock require that person— (a) to submit the affected livestock for any examination, biological test, vaccination, inoculation or other treatment which the inspector considers necessary to prevent the introduction or spread of disease; and (b) to do all or any of the things set out in subsection (1A) during the following times— (i) while the affected livestock are waiting to be examined, biologically tested, vaccinated, inoculated or receive other treatment; (ii) while the affected livestock are being examined, biologically tested, vaccinated, inoculated or receiving other treatment; -- 36 of 65 -- Part 7—Amendment of the Livestock Disease Control Act 1994 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 33 Authorised by the Chief Parliamentary Counsel (iii) after the affected livestock have been examined, biologically tested, vaccinated, inoculated or received other treatment, but only until the inspector is satisfied that the affected livestock are no longer a potential vector for disease. (1A) For the purposes of subsection (1)(b), the things that the owner or person in charge of the affected livestock may be required to do are any one or more of the following— (a) keep the affected livestock separated or isolated from other livestock; (b) keep livestock products of the affected livestock separated or isolated from other livestock products; (c) restrict or prohibit the sale or other disposition or movement of the affected livestock; (d) restrict or prohibit the sale or other disposition or movement of livestock products from the affected livestock.". 58 Infringement notices In section 126(1) of the Livestock Disease Control Act 1994— (a) for "6(4), 9" substitute "6(4), 8A(1), 8A(3), 8A(4), 8A(5), 8A(6), 8A(7), 8A(8), 9"; (b) for "9C, 48(1)" substitute "9C, 16(2A), 16(2B), 48(1)". -- 37 of 65 -- Part 7—Amendment of the Livestock Disease Control Act 1994 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 34 Authorised by the Chief Parliamentary Counsel 59 Statute law revision amendment—Definitions In section 3(1) of the Livestock Disease Control Act 1994, in the definition of vendor declaration, for "section 8A(1);" substitute "section 8A(1).". -- 38 of 65 -- Part 8—Amendment of the Meat Industry Act 1993 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 35 Authorised by the Chief Parliamentary Counsel Part 8—Amendment of the Meat Industry Act 1993 60 Definitions (1) In section 3(1) of the Meat Industry Act 1993, in the definition of abattoir— (a) after paragraph (a) insert— "(ab) a vehicle used for slaughter of consumable animals for human consumption; or"; (b) in paragraph (c)— (i) after "facility" insert ", vehicle"; (ii) after "paragraph (a)" insert "or a vehicle referred to in paragraph (ab)". (2) In section 3(1) of the Meat Industry Act 1993, in the definition of general meat processing facility— (a) in paragraph (c), after "place" insert "or vehicle"; (b) after "place" (where thirdly occurring) insert "or vehicle". (3) In section 3(1) of the Meat Industry Act 1993, in paragraph (b) of the definition of pet food processing facility, after "place" insert "or vehicle". 61 Slaughter at unlicensed premises (1) In section 38(1) of the Meat Industry Act 1993, after "place" insert "or vehicle". (2) After section 38(2) of the Meat Industry Act 1993 insert— "(3) A person does not commit an offence under subsection (1)(c) if the game is processed at a meat processing facility that solely -- 39 of 65 -- Part 8—Amendment of the Meat Industry Act 1993 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 36 Authorised by the Chief Parliamentary Counsel processes game that is not intended for sale.". 62 Unlicensed facilities (1) In section 40(2) of the Meat Industry Act 1993, after "place" insert "or vehicle". (2) After section 40(3) of the Meat Industry Act 1993 insert— "(3A) A person does not commit an offence under subsection (1) if the meat processing facility solely processes game that is not intended for sale.". 63 Powers of inspectors For section 72(2)(a) to (c) of the Meat Industry Act 1993 substitute— "(a) enter and search any meat processing facility; and (ab) enter and search any vehicle; and (b) at any reasonable time and by any reasonable means enter— (i) any place not occupied as a place of residence at which the inspector reasonably believes that meat is being processed or sold; and (ii) any place which the inspector reasonably believes is or may be used or is intended to be used in connection with the slaughter of animals; and (c) search any equipment, machinery, implements, enclosures, animals or goods in or on the facility, vehicle or place; and". -- 40 of 65 -- Part 9—Amendment of the Melbourne Market Authority Act 1977 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 37 Authorised by the Chief Parliamentary Counsel Part 9—Amendment of the Melbourne Market Authority Act 1977 64 Definitions (1) In section 3 of the Melbourne Market Authority Act 1977 for the definition of appointed day substitute— "appointed day means 1 April 1978;". (2) In section 3 of the Melbourne Market Authority Act 1977— (a) the definitions of fruit, market area and vegetables are repealed; (b) in the definition of Treasurer, for "Victoria;" substitute "Victoria.". (3) In section 3 of the Melbourne Market Authority Act 1977, in the definition of market land, for paragraph (a) substitute— "(a) the land delineated and shown hatched on the plan in Schedule 3, which consists of the land described in Certificate of Title Volume 11575 Folio 183 and the land described in Certificate of Title Volume 11575 Folio 184; and". 65 Land at West Melbourne ceases to be market land On the commencement of section 64(3) of this Act, the land described in paragraph (a) of the definition of market land in section 3 of the Melbourne Market Authority Act 1977 immediately before that commencement, to the extent that the land is market land, ceases to be market land. -- 41 of 65 -- Part 9—Amendment of the Melbourne Market Authority Act 1977 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 38 Authorised by the Chief Parliamentary Counsel 66 Powers of the Authority For section 7(3) of the Melbourne Market Authority Act 1977 substitute— "(3) Despite section 4(2)(e), the Authority is not required to obtain the approval of the Minister to— (a) the grant by the Authority of a lease, tenancy, permit or licence under this section if the grant is for a term that is 10 years or less; or (b) the entering into a lease, tenancy, permit or licence under this section by the Authority for a term that is 10 years or less.". 67 Proceedings of the Authority In section 13A(1) of the Melbourne Market Authority Act 1977 omit "at least once in each month". 68 Limitation on extent to which Authority may enter into contracts In section 20(1) and (2) of the Melbourne Market Authority Act 1977, for "$250 000" substitute "$750 000". 69 Section 26 substituted For section 26 of the Melbourne Market Authority Act 1977 substitute— "26 Use of market land (1) Subject to subsection (2), the Authority must use the market land at all times as a site for a market. -- 42 of 65 -- Part 9—Amendment of the Melbourne Market Authority Act 1977 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 39 Authorised by the Chief Parliamentary Counsel (2) The Authority may permit the whole or any part of the market land to be used for a purpose associated with the use of the market land as a site for a market if that purpose does not interfere with or detract from the use of the market land as a site for a market.". 70 Revocation of notice under section 34 (1) The notice of enlargement of market land made under section 34 of the Melbourne Market Authority Act 1977 dated 1 January 1998 published in the Government Gazette No. G 18; 7 May 1998, p. 1027, declaring certain land to be market land is revoked. (2) On the revocation of the notice revoked under subsection (1), the land declared to be market land under that declaration, to the extent that the land is market land, ceases to be market land. 71 Leases etc. to be subject to certain terms (1) In section 35(1) of the Melbourne Market Authority Act 1977— (a) after "or licence" (where first occurring) insert "granted by the Authority"; (b) omit "or of the Farm Produce Wholesale Act 1990 or of regulations under that Act insofar". (2) Section 35(3) of the Melbourne Market Authority Act 1977 is repealed. 72 References to market area (1) In section 38(1) of the Melbourne Market Authority Act 1977, for "market area" (wherever occurring) substitute "market land". -- 43 of 65 -- Part 9—Amendment of the Melbourne Market Authority Act 1977 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 40 Authorised by the Chief Parliamentary Counsel (2) In section 38A(1)(b) of the Melbourne Market Authority Act 1977, for "market area" substitute "market land". 73 Repeal of sections 39, 42 and 45 Sections 39, 42 and 45 of the Melbourne Market Authority Act 1977 are repealed. 74 New section 47 inserted After section 46 of the Melbourne Market Authority Act 1977 insert— "47 Transitional provision—Primary Industries Legislation Amendment Act 2019 (1) On and from the commencement of section 77 of the amending Act, in any Act (other than this Act) or in any instrument made under any Act or in any other document of any kind, a reference to the Melbourne wholesale fruit and vegetable market is taken to be a reference to the Melbourne Wholesale Fruit, Vegetable and Flower Market in relation to any period on or after the commencement of section 77 of the amending Act unless a contrary intention appears. (2) In this section— amending Act means the Primary Industries Legislation Amendment Act 2019.". 75 Schedule 2 repealed Schedule 2 of the Melbourne Market Authority Act 1977 is repealed. -- 44 of 65 -- Part 9—Amendment of the Melbourne Market Authority Act 1977 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 41 Authorised by the Chief Parliamentary Counsel 76 New Schedule 3 inserted—Market land At the end of the Melbourne Market Authority Act 1977 insert— "Schedule 3—Market land at Epping Section 3—Definition of market land ". -- 45 of 65 -- Part 9—Amendment of the Melbourne Market Authority Act 1977 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 42 Authorised by the Chief Parliamentary Counsel 77 References to change of market name (1) In section 6(a) and (b) of the Melbourne Market Authority Act 1977, for "wholesale fruit and vegetable market" substitute "Wholesale Fruit, Vegetable and Flower Market". (2) In section 7(2)(c) of the Melbourne Market Authority Act 1977, for "wholesale fruit and vegetable market" substitute "Wholesale Fruit, Vegetable and Flower Market". (3) In section 15 of the Melbourne Market Authority Act 1977, for "wholesale fruit and vegetable market" substitute "Wholesale Fruit, Vegetable and Flower Market". (4) In section 21(3)(b) of the Melbourne Market Authority Act 1977, for "Fruit and Vegetable Market" substitute "Fruit, Vegetable and Flower Market". (5) In section 34 of the Melbourne Market Authority Act 1977, for "wholesale fruit and vegetable market" (where twice occurring) substitute "Wholesale Fruit, Vegetable and Flower Market". (6) In section 37 of the Melbourne Market Authority Act 1977, for "wholesale fruit and vegetable market" substitute "Wholesale Fruit, Vegetable and Flower Market". (7) In Schedule 1 to the Melbourne Market Authority Act 1977— (a) in Part I, in clause 1, for "FRUIT AND VEGETABLE MARKET" substitute "FRUIT, VEGETABLE AND FLOWER MARKET"; (b) in Part II, for "Fruit and Vegetable Market" substitute "Fruit, Vegetable and Flower Market"; -- 46 of 65 -- Part 9—Amendment of the Melbourne Market Authority Act 1977 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 43 Authorised by the Chief Parliamentary Counsel (c) in Part II, in clause 8(1), for "Fruit and Vegetable Market" substitute "Fruit, Vegetable and Flower Market". 78 Substitution of gender neutral language (1) In section 10(3) of the Melbourne Market Authority Act 1977, for "his or her office" substitute "the member's office by notice". (2) In section 13A(2) of the Melbourne Market Authority Act 1977, for "his or her" substitute "the chairperson's". (3) In section 18 of the Melbourne Market Authority Act 1977, for "his duties" substitute "the member's duties". (4) In section 20(1) of the Melbourne Market Authority Act 1977, for "him" substitute "the Minister". (5) In section 21(1) of the Melbourne Market Authority Act 1977, for "he imposes" substitute "the Treasurer imposes". (6) In section 23(1) of the Melbourne Market Authority Act 1977, for "his hands" substitute "the trustee's hands". (7) In section 23(3) of the Melbourne Market Authority Act 1977, for "his or its hands" substitute "the hands of the trustee, company or body corporate (as the case may be)". (8) In section 24 of the Melbourne Market Authority Act 1977— (a) in subsection (3), for "his place" substitute "the receiver's place"; (b) in subsection (4)(b), for "his services" substitute "the receiver's services"; -- 47 of 65 -- Part 9—Amendment of the Melbourne Market Authority Act 1977 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 44 Authorised by the Chief Parliamentary Counsel (c) in subsection (6)— (i) for "by him as such" substitute "by the receiver in the capacity as a receiver"; (ii) for "his remuneration" substitute "the receiver's remuneration". (9) In section 35(1) of the Melbourne Market Authority Act 1977, for "applicable to him" substitute "applicable to the lessee, tenant, permittee or licensee". (10) In Part I of Schedule 1 to the Melbourne Market Authority Act 1977— (a) in clause 4, for "as if he" substitute "as if the bearer"; (b) in clause 7, for "by him" substitute "by the person"; (c) in clause 7, for "his giving" substitute "the person giving". (11) In Part II of Schedule 1 to the Melbourne Market Authority Act 1977— (a) in clause 4(2), for "his credit" substitute "the person's credit"; (b) in clause 5— (i) in subclause (2)(a), for "produced to him" substitute "produced to the registrar"; (ii) in subclause (3) omit "he is"; (c) in clause 6(1)— (i) for "his hand and seal" substitute "the person's hand and seal"; (ii) for "some person to be his attorney" substitute "some other person to be the person's attorney"; -- 48 of 65 -- Part 9—Amendment of the Melbourne Market Authority Act 1977 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 45 Authorised by the Chief Parliamentary Counsel (d) in clause 8(1)— (i) for "of himself or of another or others makes appear" substitute "sworn or affirmed by that person or any other person or persons proves"; (ii) omit "by him or them"; (iii) for "under his hand" substitute "under his or her hand"; (iv) for "his assent" substitute "his or her assent". -- 49 of 65 -- Part 10—Amendment of the Plant Biosecurity Act 2010 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 46 Authorised by the Chief Parliamentary Counsel Part 10—Amendment of the Plant Biosecurity Act 2010 79 Definitions (1) In section 3(1) of the Plant Biosecurity Act 2010, for the definition of assurance certificate substitute— "assurance certificate means a certificate issued by an accredited person;". (2) In section 3(1) of the Plant Biosecurity Act 2010, for the definition of plant product substitute— "plant product means the whole or part of any flower, fruit, nut, seed, leaf, bulb, corm, tuber or stem, that has been separated from a plant and includes— (a) dried plant material; and (b) timber that has been sawn or dressed; and (c) the juice of a plant;". 80 Importation of prescribed material For section 8(1C) of the Plant Biosecurity Act 2010 substitute— "(1C) For the purposes of subsections (1), (1A) and (1B), the requirements are that the person— (a) must ensure that the prescribed material— (i) meets the prescribed condition requirements; or (ii) has been tested or treated in accordance with the requirements prescribed in the regulations; and -- 50 of 65 -- Part 10—Amendment of the Plant Biosecurity Act 2010 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 47 Authorised by the Chief Parliamentary Counsel (b) if required by the regulations— (i) has sent to the Secretary or a person authorised under a compliance agreement made under section 47 and has in the person's possession at the time that the prescribed material is delivered to a person in Victoria a copy of— (A) an assurance certificate; or (B) a plant health certificate; or (C) a plant health declaration; or (ii) presents the prescribed material for inspection, examination and treatment at a prescribed place or a place nominated by an inspector.". 81 Declaration of control areas After section 19(2) of the Plant Biosecurity Act 2010 insert— "(3) An order declaring a control area may authorise an inspector to issue a direction to an owner or occupier of land within the control area to do any of the things specified in subsection (2)(b). (4) A direction issued by an inspector under subsection (3) must— (a) be in writing; and (b) be given to the person to whom it applies; and (c) fix a reasonable time by which the direction is to be complied with. -- 51 of 65 -- Part 10—Amendment of the Plant Biosecurity Act 2010 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 48 Authorised by the Chief Parliamentary Counsel (5) A person must not contravene any direction of an inspector under subsection (3). Penalty: 60 penalty units.". 82 Procedures on taking samples In section 105 of the Plant Biosecurity Act 2010— (a) in paragraph (a), after "sample" insert "unless the market value is negligible, in which case the inspector must give a receipt to the owner for the sample"; (b) for paragraph (c) substitute— "(c) if practicable, prior to taking the sample, advise the owner or the person having the charge of the plants or plant products that the sample is detained for the purpose of examination; and"; (c) in paragraph (d), before "divide" insert "if practicable,". 83 Regulations (1) In section 141(1)(b) of the Plant Biosecurity Act 2010— (a) after "plant products," insert "plant vectors,"; (b) for "used packages or earth material" substitute "used packages, earth material or beehives"; (c) after "plant product," insert "plant vector,"; (d) for "used equipment or earth material" substitute "used equipment, earth material or beehive". -- 52 of 65 -- Part 10—Amendment of the Plant Biosecurity Act 2010 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 49 Authorised by the Chief Parliamentary Counsel (2) After section 141(1)(b) of the Plant Biosecurity Act 2010 insert— "(ba) requirements for the testing of plants, plant products, plant vectors, used packages, used equipment, earth materials or beehives; (bb) requirements for the condition of plants, plant products, plant vectors, used packages, used equipment, earth materials or beehives;". -- 53 of 65 -- Part 11—Amendment of the Veterinary Practice Act 1997 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 50 Authorised by the Chief Parliamentary Counsel Part 11—Amendment of the Veterinary Practice Act 1997 84 Effect of suspension of registration In section 14 of the Veterinary Practice Act 1997, after "Act" insert "(except in Part 3)". 85 New Subdivision heading inserted In Division 3 of Part 3 of the Veterinary Practice Act 1997, before section 34 insert the following heading— "Subdivision 1—Informal hearings". 86 Constitution of a panel for an informal hearing For section 35(2) of the Veterinary Practice Act 1997 substitute— "(2) The President or (if the President is unable to act) the Deputy President of the Board may appoint persons who are not members of the Board but who are approved by the Governor in Council under subsection (4) in the following circumstances— (a) the Board is unable to appoint a panel because there are not enough members available to sit on it; (b) the Board is of the opinion that a person with special expertise is required for the hearing; (c) the Board considers that in the circumstances it is desirable that a lawyer should sit on the panel.". 87 Request for formal hearing on completion of informal hearing In section 40 of the Veterinary Practice Act 1997, after "may" insert ", within 45 days,". -- 54 of 65 -- Part 11—Amendment of the Veterinary Practice Act 1997 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 51 Authorised by the Chief Parliamentary Counsel 88 New Subdivision heading inserted After section 40 of the Veterinary Practice Act 1997 insert the following heading— "Subdivision 2—Formal hearings". 89 Findings and determinations of a formal hearing into conduct In section 45(2)(g) of the Veterinary Practice Act 1997, for "$2000" substitute "$10 000". 90 Findings and determinations of a formal hearing into ability to practise (1) In section 46(1)(a) of the Veterinary Practice Act 1997, after "because" insert "of one or more of the following". (2) In section 46(1)(a)(i) of the Veterinary Practice Act 1997— (a) omit "of" (where first occurring); (b) omit "or" (where secondly occurring). (3) In section 46(1)(a)(ii) of the Veterinary Practice Act 1997 omit "or". 91 Advertising For section 59(1) of the Veterinary Practice Act 1997 substitute— "(1) A person must not advertise a veterinary practice or veterinary services in a manner which is false. Penalty: For a natural person, 50 penalty units. For a body corporate, 100 penalty units. -- 55 of 65 -- Part 11—Amendment of the Veterinary Practice Act 1997 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 52 Authorised by the Chief Parliamentary Counsel (1A) A person must not advertise a veterinary practice or veterinary services in a manner which is misleading. Penalty: For a natural person, 50 penalty units. For a body corporate, 100 penalty units. (1B) A person must not advertise a veterinary practice or veterinary services in a manner that is deceptive. Penalty: For a natural person, 50 penalty units. For a body corporate, 100 penalty units. (1C) A person must not advertise a veterinary practice or veterinary services in a manner which is intended to be false, misleading or deceptive. Penalty: For a natural person, 50 penalty units. For a body corporate, 100 penalty units. (1D) A person must not advertise a veterinary practice or veterinary services in a manner that offers a discount, gift or other inducement to attract persons to a veterinary practitioner or veterinary practice unless the advertisement also sets out the terms and conditions of that offer. Penalty: For a natural person, 50 penalty units. For a body corporate, 100 penalty units. -- 56 of 65 -- Part 11—Amendment of the Veterinary Practice Act 1997 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 53 Authorised by the Chief Parliamentary Counsel (1E) A person must not advertise a veterinary practice or veterinary services in a manner that unfavourably contrasts veterinary services provided by a veterinary practitioner or veterinary practice with services provided by another veterinary practitioner or veterinary practice. Penalty: For a natural person, 50 penalty units. For a body corporate, 100 penalty units.". (2) In section 59(2) and (3) of the Veterinary Practice Act 1997, for "subsection (1)" (where first occurring) substitute "subsection (1), (1A), (1B), (1C), (1D) or (1E)". (3) In section 59(2) of the Veterinary Practice Act 1997, for "under subsection (1)" substitute "under that subsection". 92 New section 80A inserted After section 80 of the Veterinary Practice Act 1997 insert— "80A Appointment of persons The Board may appoint the following persons— (a) a person to apply for and execute search warrants for the purposes of this Act; (b) a person to serve infringement notices under section 86A.". -- 57 of 65 -- Part 11—Amendment of the Veterinary Practice Act 1997 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 54 Authorised by the Chief Parliamentary Counsel 93 Identification For section 81(1) of the Veterinary Practice Act 1997 substitute— "(1) The Board must issue an identification card to each person appointed by the Board under section 80A.". 94 New section 86A inserted After section 86 of the Veterinary Practice Act 1997 insert— "86A Infringement notices (1) An authorised person may serve an infringement notice on any person that the authorised person has reason to believe has committed an offence against this Act or the regulations that is prescribed to be an infringement offence. (2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. (3) The infringement penalty for an infringement offence is the prescribed infringement penalty. (4) In this section— authorised person means a person appointed under section 80A(b).". 95 Regulations After section 88(1)(d) of the Veterinary Practice Act 1997 insert— "(da) prescribing, for the purposes of section 86A, infringement offences and infringement penalties for infringement offences;". -- 58 of 65 -- Part 12—Amendment of the Wildlife Act 1975 Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 55 Authorised by the Chief Parliamentary Counsel Part 12—Amendment of the Wildlife Act 1975 96 Definition of relevant offence in Part IX In section 71 of the Wildlife Act 1975, in the definition of relevant offence, for "44(1)" substitute "44(1), 44(3)". -- 59 of 65 -- Part 13—Amendment of other Acts Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 56 Authorised by the Chief Parliamentary Counsel Part 13—Amendment of other Acts 97 Confiscation Act 1997 For item 7(q) of Schedule 1 to the Confiscation Act 1997 substitute— "(q) section 116(1) or (2A) (possession or sale of fish, or the hiding or concealment of fish, taken in contravention of Act or corresponding law);". 98 Conservation, Forests and Lands Act 1987 After section 99(2) of the Conservation, Forests and Lands Act 1987 insert— "(3) The regulations may allow for different amounts of penalties for a fisheries infringement offence according to the circumstances in which the offence is committed, or the extent of the contravention constituting the offence. (4) In this section— fisheries infringement offence means an offence against the Fisheries Act 1995 that is prescribed for the purposes of section 91(1).". 99 Crown Land (Reserves) Act 1978 In section 3 of the Crown Land (Reserves) Act 1978, in the definition of authorised officer— (a) in paragraph (b), for "2016;" substitute "2016; or"; (b) after paragraph (b) insert— "(c) Part 3 of the Game Management Authority Act 2014;". -- 60 of 65 -- Part 13—Amendment of other Acts Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 57 Authorised by the Chief Parliamentary Counsel 100 Environment Protection Act 1970 In section 4(1) of the Environment Protection Act 1970, in the definition of litter enforcement officer, after paragraph (da) insert— "(db) in relation to any land or waters managed under a relevant law (within the meaning of the Conservation, Forests and Lands Act 1987) a person appointed under Part 3 of the Game Management Authority Act 2014;". 101 Firearms Act 1996 (1) For the heading to section 153A of the Firearms Act 1996 substitute— "Powers that may be exercised by authorised officers appointed under other Acts". (2) For section 153A(6) of the Firearms Act 1996 substitute— "(6) In this section authorised officer means a person appointed as an authorised officer under— (a) Part 9 of the Conservation, Forests and Lands Act 1987; or (b) Part 3 of the Victorian Fisheries Authority Act 2016; or (c) Part 3 of the Game Management Authority Act 2014.". 102 Land Act 1958 In section 2A of the Land Act 1958, in the definition of authorised officer— (a) in paragraph (b), for "2016;" substitute "2016; or"; -- 61 of 65 -- Part 13—Amendment of other Acts Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 58 Authorised by the Chief Parliamentary Counsel (b) after paragraph (b) insert— "(c) Part 3 of the Game Management Authority Act 2014;". -- 62 of 65 -- Part 14—Repeals Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 59 Authorised by the Chief Parliamentary Counsel Part 14—Repeals 103 Repeal of Acts The following Acts are repealed— (a) the Broiler Chicken Industry Act 1978; (b) the Broiler Chicken Industry (Amendment) Act 1991; (c) the Livestock Disease Control Amendment Act 2007. -- 63 of 65 -- Part 15—Repeal of amending Act Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 60 Authorised by the Chief Parliamentary Counsel Part 15—Repeal of amending Act 104 Repeal of amending Act This Act is repealed on 1 February 2021. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═════════════ -- 64 of 65 -- Endnotes Primary Industries Legislation Amendment Act 2019 No. 40 of 2019 61 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 6 March 2019 Legislative Council: 15 October 2019 The long title for the Bill for this Act was "A Bill for an Act to amend the Catchment and Land Protection Act 1994, the Dairy Act 2000, the Drugs, Poisons and Controlled Substances Act 1981, the Fisheries Act 1995, the Game Management Authority Act 2014, the Livestock Disease Control Act 1994, the Meat Industry Act 1993, the Melbourne Market Authority Act 1977, the Plant Biosecurity Act 2010, the Veterinary Practice Act 1997, the Wildlife Act 1975, and to make miscellaneous and consequential amendments to the Confiscation Act 1997, the Conservation, Forests and Lands Act 1987, the Crown Land (Reserves) Act 1978, the Environment Protection Act 1970, the Firearms Act 1996, the Land Act 1958 and to repeal the Livestock Disease Control Amendment Act 2007, the Broiler Chicken Industry Act 1978 and the Broiler Chicken Industry (Amendment) Act 1991 and for other purposes." -- 65 of 65 --