Primary Industries Legislation Amendment Act 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 3 Part 2—Amendment of Agricultural and Veterinary Chemicals (Control of Use) Act 1992 4 3 Definitions 4 4 Abolition of Victorian Agricultural Chemicals Advisory Committee 4 5 Heading to Part 10 4 6 New section 79 inserted 4 Part 3—Amendment of Domestic Animals Act 1994 5 7 Further power to destroy dogs 5 Part 4—Amendment of Prevention of Cruelty to Animals Act 1986 6 8 Notice to comply 6 9 Duration of scientific procedures premises licences 6 10 Duration of scientific procedures field work licences 6 11 Duration of specified animals breeding licence 6 12 New section 46 inserted 6 Part 5—Amendment of Public Administration Act 2004 8 13 Person with functions of public service body Head 8 Part 6—Amendment of Veterinary Practice Act 1997 9 14 General registration 9 15 Suspension of registration upon commencement of investigation 9 16 New section 26A inserted 10 17 Findings and determinations of a formal hearing into conduct 12 18 Revocation of suspension or removal of condition, limitation or restriction 13 19 New section 97 inserted 14 -- 1 of 25 -- Section Page ii Authorised by the Chief Parliamentary Counsel Part 7—Amendment of Wildlife Act 1975 15 20 Game licences 15 21 Power of the Game Management Authority to cancel certain licences 15 22 Punt guns 16 23 Definitions 16 24 Game Management Authority's reports 17 25 Notices prohibiting, regulating or controlling the taking, destroying or hunting of wildlife 17 26 Emergency closure notices 17 27 New section 107 inserted 18 Part 8—Amendment of Biological Control Act 1986 20 28 Definitions 20 29 Biological control 20 30 Consequential amendments 21 Part 9—Repeal of amending Act 22 31 Repeal of amending Act 22 ═══════════════ Endnotes 23 1 General information 23 -- 2 of 25 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Primary Industries Legislation Amendment Act 2016 † No. 48 of 2016 [Assented to 6 September 2016] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The purposes of this Act are— (a) to amend the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 to abolish the Victorian Agricultural Chemicals Advisory Committee; and Victoria -- 3 of 25 -- Part 1—Preliminary Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 2 Authorised by the Chief Parliamentary Counsel (b) to amend the Domestic Animals Act 1994 to extend the moratorium on the destruction of restricted breed dogs; and (c) to amend the Prevention of Cruelty to Animals Act 1986— (i) to provide further in relation to enforcement of Part 2 and the regulations; and (ii) to provide that licences under Part 3 may be issued for a maximum of 4 years; and (d) to amend the Public Administration Act 2004 to substitute the chief executive officer of the Game Management Authority as the person with the function of public service body Head in relation to the office of the Game Management Authority; and (e) to amend the Veterinary Practice Act 1997— (i) to provide for the immediate suspension of the registration of a veterinary practitioner in certain circumstances; and (ii) to make miscellaneous amendments; and (f) to amend the Wildlife Act 1975— (i) to allow the Game Management Authority to refuse to grant a game licence if the applicant is found guilty of an offence against the Act; and (ii) to provide that where the Game Management Authority cancels certain licences, the Authority may disqualify the holder from applying for a new licence for a specified period of up to -- 4 of 25 -- Part 1—Preliminary Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 3 Authorised by the Chief Parliamentary Counsel 5 years and may direct the holder to return the licence to the Authority; and (iii) to provide further in relation to punt guns; and (iv) to provide that an offence against section 44(1) is a relevant offence for the purposes of controlled operations; and (v) to provide for the chief executive officer of the Game Management Authority to report to the Victorian Inspectorate regarding controlled operations; and (vi) to provide further in relation to notices under section 86 prohibiting, regulating or controlling the taking, destroying or hunting of wildlife; and (vii) to provide further in relation to emergency closure notices under section 86A including abolishing any advisory committee; and (g) to make amendments to the Biological Control Act 1986 required as a result of the Biological Control Amendment Act 2016 of the Commonwealth. 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 (other than Part 8) does not come into operation before 1 March 2017, it comes into operation on that day. -- 5 of 25 -- Part 2—Amendment of Agricultural and Veterinary Chemicals (Control of Use) Act 1992 Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 4 Authorised by the Chief Parliamentary Counsel Part 2—Amendment of Agricultural and Veterinary Chemicals (Control of Use) Act 1992 3 Definitions In section 4(1) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, the definition of Committee is repealed. 4 Abolition of Victorian Agricultural Chemicals Advisory Committee Sections 65, 66 and 67 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 are repealed. 5 Heading to Part 10 For the heading to Part 10 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 substitute— "Part 10—Transitional provisions". 6 New section 79 inserted After section 78 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert— "79 Transitional provision—Primary Industries Legislation Amendment Act 2016 On the commencement of Part 2 of the Primary Industries Legislation Amendment Act 2016 the Victorian Agricultural Chemicals Advisory Committee is abolished.". -- 6 of 25 -- Part 3—Amendment of Domestic Animals Act 1994 Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 5 Authorised by the Chief Parliamentary Counsel Part 3—Amendment of Domestic Animals Act 1994 7 Further power to destroy dogs In section 84P(4) of the Domestic Animals Act 1994, for "2016" substitute "2017". -- 7 of 25 -- Part 4—Amendment of Prevention of Cruelty to Animals Act 1986 Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 6 Authorised by the Chief Parliamentary Counsel Part 4—Amendment of Prevention of Cruelty to Animals Act 1986 8 Notice to comply For section 24ZP(1) of the Prevention of Cruelty to Animals Act 1986 substitute— "(1) If a POCTA inspector reasonably believes that a person is committing or is likely to commit an offence under Part 2 or the regulations, the POCTA inspector may issue a notice to the person requiring that person not to commit the offence or to cease committing the offence.". 9 Duration of scientific procedures premises licences In section 31 of the Prevention of Cruelty to Animals Act 1986, for "3 years" substitute "4 years". 10 Duration of scientific procedures field work licences In section 32C of the Prevention of Cruelty to Animals Act 1986, for "3 years" substitute "4 years". 11 Duration of specified animals breeding licence In section 32G of the Prevention of Cruelty to Animals Act 1986, for "3 years" substitute "4 years". 12 New section 46 inserted At the end of Part 5 of the Prevention of Cruelty to Animals Act 1986 insert— "46 Primary Industries Legislation Amendment Act 2016—Transitional provisions (1) Section 31 as amended by section 9 of the Primary Industries Legislation Amendment Act 2016 does not apply to a -- 8 of 25 -- Part 4—Amendment of Prevention of Cruelty to Animals Act 1986 Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 7 Authorised by the Chief Parliamentary Counsel scientific procedures premises licence that was in force immediately before the commencement of section 9 of that Act. (2) Section 32C as amended by section 10 of the Primary Industries Legislation Amendment Act 2016 does not apply to a scientific procedures field work licence that was in force immediately before the commencement of section 10 of that Act. (3) Section 32G as amended by section 11 of the Primary Industries Legislation Amendment Act 2016 does not apply to a specified animals breeding licence that was in force immediately before the commencement of section 11 of that Act.". -- 9 of 25 -- Part 5—Amendment of Public Administration Act 2004 Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 8 Authorised by the Chief Parliamentary Counsel Part 5—Amendment of Public Administration Act 2004 13 Person with functions of public service body Head In section 16(1)(kc) of the Public Administration Act 2004, for "Chairperson within the meaning of Division 2" substitute "chief executive officer within the meaning of Division 3". -- 10 of 25 -- Part 6—Amendment of Veterinary Practice Act 1997 Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 9 Authorised by the Chief Parliamentary Counsel Part 6—Amendment of Veterinary Practice Act 1997 14 General registration After section 6(2)(fc) of the Veterinary Practice Act 1997 insert— "(fca) that, in the case of an applicant in respect of whom a determination of a panel has been made under section 45(2A)(a)(iii), the applicant has not complied with the undertaking about the person's conduct as a veterinary practitioner;". 15 Suspension of registration upon commencement of investigation After section 24(2) of the Veterinary Practice Act 1997 insert— "(3) The Board must revoke the suspension of a veterinary practitioner's registration under subsection (1) if the Board is no longer of the opinion that it is necessary to suspend the registration because there is a serious risk that the health and safety of the public or the health and welfare of animals will be endangered. (4) If the Board revokes the suspension of a veterinary practitioner's registration under subsection (1), the Board must immediately notify the veterinary practitioner of that revocation.". -- 11 of 25 -- Part 6—Amendment of Veterinary Practice Act 1997 Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 10 Authorised by the Chief Parliamentary Counsel 16 New section 26A inserted After section 26 of the Veterinary Practice Act 1997 insert— "26A Suspension of registration on commencement of preliminary investigation (1) If the Board has appointed a person to conduct a preliminary investigation under section 25, the Board may suspend the registration of the veterinary practitioner concerned. (2) The Board must not suspend the registration of a veterinary practitioner under subsection (1) unless the Board reasonably believes that the ability of the veterinary practitioner to practise veterinary medicine or surgery is likely to be affected to such an extent that to allow the veterinary practitioner to continue to practise would pose an unacceptable risk that the health and safety of the public or the health and welfare of animals will be endangered. (3) A veterinary practitioner whose registration is suspended under this section may make written submissions to the Board regarding the continuation of the suspension within the period specified by the Board in the notice under subsection (6). (4) The Board must consider any submission made by a veterinary practitioner under subsection (3) within the period specified by the Board. (5) A suspension under this section takes effect on the day the veterinary practitioner is served with a notice under subsection (6). -- 12 of 25 -- Part 6—Amendment of Veterinary Practice Act 1997 Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 11 Authorised by the Chief Parliamentary Counsel (6) If the Board has suspended the registration of a veterinary practitioner under this section, the Board must— (a) immediately serve a written notice on the veterinary practitioner which states the following— (i) that the registration of the veterinary practitioner is suspended from the day the notice is served on the veterinary practitioner; (ii) the reasons for the suspension; (iii) that the veterinary practitioner may make submissions under subsection (3) within the period specified in the notice; and (b) ensure that the matter on which the suspension is based is investigated as soon as possible after that suspension. (7) A notice under subsection (6) may be served on the veterinary practitioner personally or by registered post. (8) A suspension under this section remains in force until the earliest of the following occurs— (a) the Board, after considering the reports given under section 28, decides that further action should be taken and an agreement between the Board and the veterinary practitioner is reached under section 29; (b) the Board refers the matter on which the suspension is based to a formal hearing under section 30; -- 13 of 25 -- Part 6—Amendment of Veterinary Practice Act 1997 Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 12 Authorised by the Chief Parliamentary Counsel (c) the Board cancels the registration of the veterinary practitioner on the request of the veterinary practitioner; (d) the Board revokes the suspension under subsection (9). (9) The Board must revoke a suspension under this section if the Board no longer reasonably believes that the ability of the veterinary practitioner to practise veterinary medicine or surgery is likely to be affected to such an extent that to allow the veterinary practitioner to continue to practise would pose an unacceptable risk that the health and safety of the public or the health and welfare of animals will be endangered. (10) If the suspension of a veterinary practitioner's registration under this section ceases, the Board must immediately serve a written notice personally or by registered post on the veterinary practitioner informing the veterinary practitioner that the suspension has ceased and the date on which it ceased.". 17 Findings and determinations of a formal hearing into conduct (1) For section 45(2)(g) and (h) of the Veterinary Practice Act 1997 substitute— "(g) that the veterinary practitioner be fined an amount specified by the panel, which must not be more than $2000; (h) that the veterinary practitioner pay the reasonable costs of, and incidental to, the hearing, which are determined by the panel;". -- 14 of 25 -- Part 6—Amendment of Veterinary Practice Act 1997 Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 13 Authorised by the Chief Parliamentary Counsel (2) For section 45(2A)(a) of the Veterinary Practice Act 1997 substitute— "(a) that the person is not entitled to re-apply for registration unless the person does any one or more of the following— (i) undergoes counselling; (ii) undertakes further education of the kind stated in the determination and completes it within the period specified in the determination; (iii) gives any written undertaking about the person's conduct as a veterinary practitioner that the Board considers appropriate;". (3) After section 45(2A)(c) of the Veterinary Practice Act 1997 insert— "(ca) that the person be fined an amount specified by the panel, which must not be more than $2000; (cb) that the person pay the reasonable costs of, and incidental to, the hearing, which are determined by the panel;". (4) After section 45(2A)(d) of the Veterinary Practice Act 1997 insert— "(da) that if the person re-applies for registration, the condition, limitation or restriction specified in the determination be imposed on the registration of the person;". 18 Revocation of suspension or removal of condition, limitation or restriction (1) Insert the following heading to section 50 of the Veterinary Practice Act 1997— "Revocation of suspension or removal of condition, limitation or restriction". -- 15 of 25 -- Part 6—Amendment of Veterinary Practice Act 1997 Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 14 Authorised by the Chief Parliamentary Counsel (2) In section 50(1) of the Veterinary Practice Act 1997— (a) for "removed" substitute "revoked"; (b) for "remove" substitute "revoke". (3) After section 50(1) of the Veterinary Practice Act 1997 insert— "(1A) If the Board revokes the suspension of the registration of a veterinary practitioner under subsection (1), the Board must immediately notify the veterinary practitioner of that revocation.". 19 New section 97 inserted After section 96 of the Veterinary Practice Act 1997 insert— "97 Primary Industries Legislation Amendment Act 2016—Transitional provision Section 26A as inserted by section 16 of the Primary Industries Legislation Amendment Act 2016 applies in relation to a matter concerning a veterinary practitioner whether or not a preliminary investigation into the matter commenced before, on or after the commencement of section 16 of that Act.". -- 16 of 25 -- Part 7—Amendment of Wildlife Act 1975 Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 15 Authorised by the Chief Parliamentary Counsel Part 7—Amendment of Wildlife Act 1975 20 Game licences In section 22A(6) of the Wildlife Act 1975, for "convicted" substitute "found guilty". 21 Power of the Game Management Authority to cancel certain licences (1) After section 25DA(1) of the Wildlife Act 1975 insert— "(1A) In addition to cancelling a licence under subsection (1), the Game Management Authority may specify a time not exceeding 5 years within which the person may not apply for either a wildlife licence in respect of specified birds or a game licence.". (2) After section 25DA(2)(a) of the Wildlife Act 1975 insert— "(ab) if the Authority proposes to specify a time within which the person may not apply for a wildlife licence in respect of specified birds, or a game licence, notify the holder that the Authority proposes to do so and of the proposed time; and". (3) In section 25DA(4) of the Wildlife Act 1975, for "cancel a licence," substitute "cancel a licence under subsection (1) or specify a time under subsection (1A),". (4) In section 25DA(5) of the Wildlife Act 1975, for "A cancellation under this section has" substitute "A cancellation under subsection (1) and a time specified under subsection (1A) have". -- 17 of 25 -- Part 7—Amendment of Wildlife Act 1975 Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 16 Authorised by the Chief Parliamentary Counsel (5) After section 25DA(5) of the Wildlife Act 1975 insert— "(5A) A notice under subsection (4) may direct the holder to return the licence to the Game Management Authority within the period specified in the notice. (5B) A person to whom a notice under subsection (4) is given must comply with any direction in the notice of a kind referred to in subsection (5A). Penalty: 5 penalty units.". 22 Punt guns (1) For section 56(1) of the Wildlife Act 1975 substitute— "(1) A person must not— (a) use a punt gun in hunting or taking wildlife; or (b) possess a punt gun when hunting or taking wildlife. Penalty: 50 penalty units.". (2) In section 56(2) of the Wildlife Act 1975— (a) in paragraph (c), for "twelve" substitute "10"; (b) in paragraph (e), for "two" substitute "3". (3) Section 56(3) of the Wildlife Act 1975 is repealed. 23 Definitions In section 71 of the Wildlife Act 1975, in the definition of relevant offence, after "43," insert "44(1),". -- 18 of 25 -- Part 7—Amendment of Wildlife Act 1975 Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 17 Authorised by the Chief Parliamentary Counsel 24 Game Management Authority's reports In section 74OA(1) and (3) of the Wildlife Act 1975, before "the Game Management Authority" insert "the chief executive officer of". 25 Notices prohibiting, regulating or controlling the taking, destroying or hunting of wildlife (1) For section 86(2)(c), (d) and (e) of the Wildlife Act 1975 substitute— "(c) takes effect on the date specified in the notice, which must be at least 3 days after publication of the notice in the Government Gazette; and (d) continues to have effect for the period specified in the notice, which must not be more than 12 months.". (2) Section 86(4) of the Wildlife Act 1975 is repealed. 26 Emergency closure notices (1) For section 86A(1) of the Wildlife Act 1975 substitute— "(1) If the Minister is satisfied that any threatened wildlife or that significant numbers of protected wildlife other than game is under immediate threat of destruction, injury or disturbance from hunting or the presence of hunters, the Minister may, by notice published in the Government Gazette— (a) prohibit absolutely or regulate or control the taking or destroying or hunting of any particular kind or taxon of wildlife in any area and for any period, not exceeding 7 days, specified in the notice; and -- 19 of 25 -- Part 7—Amendment of Wildlife Act 1975 Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 18 Authorised by the Chief Parliamentary Counsel (b) provide exemptions for anything referred to in paragraph (a); and (c) fix penalties of not more than 25 penalty units for any contravention of any part of the notice. (1A) Before issuing a notice under subsection (1), the Minister must consider the advice of the Game Management Authority.". (2) In section 86A(2) of the Wildlife Act 1975— (a) in paragraph (b), for "wildlife; and" substitute "wildlife."; (b) paragraph (c) is repealed. (3) For section 86A(4) of the Wildlife Act 1975 substitute— "(4) A notice under subsection (1) takes effect on the day after the day on which the notice is published in the Government Gazette.". (4) Section 86A(5) of the Wildlife Act 1975 is repealed. (5) Section 86A(6) of the Wildlife Act 1975 is repealed. 27 New section 107 inserted At the end of Part XII of the Wildlife Act 1975 insert— "107 Transitional provision, advisory committee—Primary Industries Legislation Amendment Act 2016 Any advisory committee established under section 86A(5) immediately before the commencement of section 26 of the -- 20 of 25 -- Part 7—Amendment of Wildlife Act 1975 Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 19 Authorised by the Chief Parliamentary Counsel Primary Industries Legislation Amendment Act 2016 is abolished and its members go out of office on the commencement of that section 26.". -- 21 of 25 -- Part 8—Amendment of Biological Control Act 1986 Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 20 Authorised by the Chief Parliamentary Counsel Part 8—Amendment of Biological Control Act 1986 28 Definitions (1) In section 3(1) of the Biological Control Act 1986 insert the following definition— "prescribed organisms means organisms that are— (a) live organisms; or (b) viruses or sub-viral agents— but does not include live vaccines or resistant cultivars;". (2) In section 3(1) of the Biological Control Act 1986, in the definition of kind, after "organisms," insert "viruses or sub-viral agents,". (3) In section 3(1) of the Biological Control Act 1986, in the definition of organism— (a) in paragraph (b), for "paragraph (a);" substitute "paragraph (a); or"; (b) after paragraph (b) insert— "(c) a virus or sub-viral agent;". (4) In section 3(1) of the Biological Control Act 1986, the definition of prescribed live organisms is repealed. 29 Biological control In section 4 of the Biological Control Act 1986, for "live" substitute "prescribed". -- 22 of 25 -- Part 8—Amendment of Biological Control Act 1986 Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 21 Authorised by the Chief Parliamentary Counsel 30 Consequential amendments In sections 19(1), 20(1), 24(1), 28(1)(b), 29(1)(a), 32(2)(a) and 35(3) of the Biological Control Act 1986, for "prescribed live organisms" substitute "prescribed organisms". -- 23 of 25 -- Part 9—Repeal of amending Act Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 22 Authorised by the Chief Parliamentary Counsel Part 9—Repeal of amending Act 31 Repeal of amending Act This Act is repealed on the first anniversary of the first day on which all of its provisions are in operation. 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). ═══════════════ -- 24 of 25 -- Endnotes Primary Industries Legislation Amendment Act 2016 No. 48 of 2016 23 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: 4 May 2016 Legislative Council: 23 June 2016 The long title for the Bill for this Act was "A Bill for an Act to amend the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, the Domestic Animals Act 1994, the Prevention of Cruelty to Animals Act 1986, the Public Administration Act 2004, the Veterinary Practice Act 1997, the Wildlife Act 1975 and the Biological Control Act 1986 and for other purposes." -- 25 of 25 --