Primary Industries and Food Legislation Amendment Act 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 4 PART 2—AMENDMENTS TO THE IMPOUNDING OF LIVESTOCK ACT 1994 5 3 Power to enter land or building and impound abandoned livestock 5 4 New section 5B inserted 5 5B Power to enter land or building and impound inadequately confined livestock 5 5 General duty of persons who impound livestock 7 6 Entitlement to reimbursement of charges 7 7 Notice of seizure 7 8 Duties of authorised officer of council 7 9 Release of livestock from pound 8 10 Substitution of heading to Division 2 of Part 2 8 11 Power to serve notice objecting to the trespassing of livestock 8 12 Power to serve notice on owner regarding confinement of livestock 9 13 Holding period for impounded livestock 10 14 Offence if livestock trespass after service of notice under section 16A 11 15 Offence if non-compliance with notice served under section 16B 11 16 Regulations 11 PART 3—AMENDMENTS TO THE LIVESTOCK DISEASE CONTROL ACT 1994 12 17 Minister may declare unusual circumstances of disease or death in livestock 12 18 Notification of unusual circumstances of disease or death in livestock 12 19 No cattle or pigs on sewage land 12 -- 1 of 53 -- Section Page ii Authorised by the Chief Parliamentary Counsel 20 Registration of beekeepers 13 21 Annual fees 13 22 New section 49A inserted 14 49A Secretary may cancel registration if fee not paid 14 23 Exposure of bees to infected articles etc. 14 24 Compensatable diseases 14 25 Compensation payable out of Fund 15 26 Section 79C substituted 15 79C Compensation payable for declared diseases 15 27 Records of notifications etc. 15 28 Treatment notice 15 29 New section 121A inserted 16 121A Secretary may request information relating to land from Councils 16 30 Power to serve a notice 17 PART 4—AMENDMENTS TO THE PREVENTION OF CRUELTY TO ANIMALS ACT 1986 18 31 Application of Act 18 32 Codes of Practice 18 33 Defences to cruelty or aggravated cruelty 18 34 Serious offences 19 35 General inspectors 20 36 Specialist inspectors 20 37 New section 20A inserted 20 20A Department Head may declare animals at risk due to an emergency 20 38 New section 24KA inserted 22 24KA Search warrant for premises if non-compliance with section 24ZTA 22 39 Seizure of things not mentioned in the warrant and taking of samples 23 40 Court orders as to costs and disposal of animals 23 41 New section 24ZTA inserted 23 24ZTA Requirement to make documents available for inspection 23 42 New sections 24ZX and 24ZY inserted 24 24ZX Conduct of proceedings 24 24ZY Court to take judicial notice 25 43 Offences relating to scientific procedures carried out at scientific premises 25 44 New section 35A inserted 25 35A Offences as to authorized officers 25 45 Offences 26 -- 2 of 53 -- Section Page iii Authorised by the Chief Parliamentary Counsel 46 New section 44 inserted 26 44 Primary Industries and Food Legislation Amendment Act 2012 26 PART 5—AMENDMENTS TO THE FOOD ACT 1984 28 47 Definitions 28 48 Meaning of primary food production 29 49 New section 4I inserted 30 4I Declared authority for the purposes of references in Chapter 4 of the Food Standards Code 30 50 Orders 31 51 Application of Act to primary food production 31 52 New section 7BA inserted 32 7BA Role of Department of Primary Industries 32 53 Compliance with Food Standards Code 32 54 Orders relating to food premises 32 55 New section 19AA inserted 33 19AA Orders relating to premises on which primary food production and related activities are carried out 33 56 Secretary may accept undertaking 37 57 Powers of authorized officers 37 58 Remedy in respect of articles seized 37 59 Analysts 38 60 Power of court to order forfeiture 39 61 Evidentiary provisions 40 62 Evidentiary certificate signed by the Secretary 40 63 New section 50AAB inserted 41 50AAB Evidentiary certificate signed by the Secretary DPI or the chief executive officer of DFSV or PrimeSafe 41 64 Section 50AC substituted 42 50AC Evidence of signatures 42 65 Secrecy 42 66 Protection against liability 42 67 Delegation by council 43 68 New section 58AB inserted 43 58AB Delegations by Secretary DPI, the DFSV or PrimeSafe 43 69 Regulations 44 70 New Part XV inserted 45 PART XV—TRANSITIONAL AND SAVINGS PROVISIONS 45 80 Transitional provision—Primary Industries and Food Legislation Amendment Act 2012 45 -- 3 of 53 -- Section Page iv Authorised by the Chief Parliamentary Counsel PART 6—OTHER AMENDMENTS 46 71 New section 237A inserted into Local Government Act 1989 46 237A Council to provide information relating to land to inspectors of livestock 46 72 Statute law revision amendments 46 PART 7—REPEAL OF AMENDING ACT 48 73 Repeal of amending Act 48 ═══════════════ ENDNOTES 49 -- 4 of 53 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Primary Industries and Food Legislation Amendment Act 2012 † No. 60 of 2012 [Assented to 23 October 2012] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The purposes of this Act are— (a) to amend the Impounding of Livestock Act 1994— (i) to provide for an additional entry and impoundment power for authorised officers of councils relating to inadequately confined livestock; and Victoria -- 5 of 53 -- Part 1—Preliminary Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 2 Authorised by the Chief Parliamentary Counsel (ii) to provide that notices regarding trespassing or inadequately confined livestock may be served on owners or occupiers of land as well as livestock owners; and (iii) to make other miscellaneous amendments to that Act; and (b) to amend the Livestock Disease Control Act 1994— (i) to provide for additional offences relating to cattle, pigs and bees; and (ii) to give power to the Secretary to the Department of Primary Industries to cancel beekeeper registrations if certain fees are not paid; and (iii) to give power to the Secretary to the Department of Primary Industries to request information about land from Councils; and (iv) to insert additional infringement offences; and (v) to make other miscellaneous amendments to that Act; and (c) to amend the Prevention of Cruelty to Animals Act 1986— (i) to insert a defence to cruelty and aggravated cruelty offences in that Act if acting in accordance with a prescribed code of practice; and (ii) to provide that orders disqualifying persons from being in charge of animals be able to be made against persons found guilty without a conviction or not guilty because of mental impairment of serious offences s. 1 -- 6 of 53 -- Part 1—Preliminary Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 3 Authorised by the Chief Parliamentary Counsel as well as persons convicted of such offences; and (iii) to give inspectors the power to, by notice, require production of documents relating to possible offences against that Act and include an offence for non-compliance with the notice; and (iv) to provide for an additional search and entry power under a warrant for documents relating to possible offences against that Act; and (v) to insert additional offences relating to the discharge of authorized officers' powers under Part 3 of that Act; and (vi) to make other miscellaneous amendments to that Act; and (d) to amend the Food Act 1984— (i) to confer certain functions on the Secretary to the Department of Primary Industries in relation to primary food production and related activities; and (ii) to provide for persons or bodies to be declared as a declared authority for the purposes of Chapter 4 of the Food Standards Code; and (iii) to provide for persons to be exempted from certain requirements of the Food Standards Code; and (iv) to provide for orders to be made directing persons conducting primary food production and related activities; and s. 1 -- 7 of 53 -- Part 1—Preliminary Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 4 Authorised by the Chief Parliamentary Counsel (v) to extend the enforcement powers under Part IV of that Act to apply in respect of food handled during primary food production; and (vi) to make other consequential and miscellaneous amendments to that Act; and (e) to amend the Local Government Act 1989 to require Councils to make certain information relating to land available to the Secretary to the Department of Primary Industries. 2 Commencement (1) This Part, Part 5 and section 72 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 1 July 2013, it comes into operation on that day. __________________ s. 2 -- 8 of 53 -- Part 2—Amendments to the Impounding of Livestock Act 1994 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 5 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENTS TO THE IMPOUNDING OF LIVESTOCK ACT 1994 3 Power to enter land or building and impound abandoned livestock In section 5A(1) of the Impounding of Livestock Act 1994, after "a council" insert ", with any assistance that is necessary,". 4 New section 5B inserted After section 5A of the Impounding of Livestock Act 1994 insert— "5B Power to enter land or building and impound inadequately confined livestock (1) An authorised officer of a council, with any assistance that is necessary, may enter any land or building (excluding any building occupied as a residence) in the municipal district of that council if the officer reasonably believes that there are livestock that are not adequately confined on the land or in the building and that either of the circumstances set out in subsection (4) applies. (2) An authorised officer of a council must not exercise a power under this section except between the hours of 7 a.m. and 7 p.m. if the reasonable belief of the officer referred to in subsection (1) relates only to the circumstances set out in subsection (4)(b). s. 3 See: Act No. 89/1994. Reprint No. 3 as at 20 August 2009 and amending Act No. 68/2009. LawToday: www. legislation. vic.gov.au -- 9 of 53 -- Part 2—Amendments to the Impounding of Livestock Act 1994 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 6 Authorised by the Chief Parliamentary Counsel (3) An authorised officer of a council who enters any land or building under subsection (1) at which the owner or occupier of the land or building is present must take all reasonable steps to inform the owner or occupier of the purpose of the entry. (4) If an authorised officer of a council enters land or a building under subsection (1) and finds livestock that are not adequately confined on the land or in the building, the officer may impound the livestock if the officer is satisfied that— (a) if the livestock were to wander from the land or building— (i) the welfare of the livestock or other livestock would be at risk; or (ii) there would be a risk to public safety; or (b) the livestock are the subject of a notice served on a person under section 16B requiring the person to take measures to adequately confine livestock on the land or in the building and the person has not taken those measures within the time specified in the notice. (5) If an authorised officer of a council impounds any livestock under subsection (4), the officer must deliver the livestock to a pound. (6) If an authorised officer of a council exercises a power of entry under this section without the owner or occupier of the land or building being present, the officer must fix a notice to the building or to the entry gate of the land setting out— s. 4 -- 10 of 53 -- Part 2—Amendments to the Impounding of Livestock Act 1994 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 7 Authorised by the Chief Parliamentary Counsel (a) the time of entry; and (b) the purpose of entry; and (c) the number and description of any livestock impounded; and (d) the time of departure; and (e) the procedure for contacting the authorised officer of the council for further details of the entry and the impoundment of any livestock.". 5 General duty of persons who impound livestock In section 6(1) of the Impounding of Livestock Act 1994, for "5 or 5A" substitute "5, 5A or 5B". 6 Entitlement to reimbursement of charges In section 7 of the Impounding of Livestock Act 1994, for "section 5 or 5A" substitute "section 5, 5A or 5B". 7 Notice of seizure (1) In section 8A(1)(f) of the Impounding of Livestock Act 1994, after "livestock" insert "including the number of days that a council must hold impounded livestock before the council disposes of the livestock in accordance with Part 3". (2) In section 8A(2) of the Impounding of Livestock Act 1994, after "owner" (where first occurring) insert "of the impounded livestock". 8 Duties of authorised officer of council In section 8(2) of the Impounding of Livestock Act 1994, for "5 or 5A" substitute "5, 5A or 5B". s. 5 -- 11 of 53 -- Part 2—Amendments to the Impounding of Livestock Act 1994 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 8 Authorised by the Chief Parliamentary Counsel 9 Release of livestock from pound (1) In section 16(1) of the Impounding of Livestock Act 1994, for "5 or 5A" substitute "5, 5A or 5B". (2) After section 16(2)(a) of the Impounding of Livestock Act 1994 insert— "(ab) the council is satisfied on reasonable grounds that any notice under section 16B served on a person in relation to the livestock has been complied with; and". 10 Substitution of heading to Division 2 of Part 2 For the heading to Division 2 of Part 2 of the Impounding of Livestock Act 1994 substitute— "Division 2—Powers relating to trespassing or inadequately confined livestock". 11 Power to serve notice objecting to the trespassing of livestock (1) For section 16A(1) of the Impounding of Livestock Act 1994 substitute— "(1) If an authorised officer of a council reasonably believes that livestock have trespassed on any land or road, he or she may serve a notice objecting to the trespass of the livestock on any one or more of the following persons— (a) the owner of the livestock; (b) the owner of the land on which the livestock are kept or the occupier of that land if the owner is not the occupier.". (2) In section 16A(2) of the Impounding of Livestock Act 1994, for "owner" (where twice occurring) substitute "person". s. 9 -- 12 of 53 -- Part 2—Amendments to the Impounding of Livestock Act 1994 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 9 Authorised by the Chief Parliamentary Counsel 12 Power to serve notice on owner regarding confinement of livestock (1) For section 16B(1) of the Impounding of Livestock Act 1994 substitute— "(1) If an authorised officer of a council reasonably believes that livestock are not adequately confined on land or in a building, he or she may serve a notice on any one or more of the following persons directing that the person or persons take the measures set out in the notice to ensure the livestock are adequately confined— (a) the owner of the livestock; (b) the owner of the land or building or the occupier of the land or building if the owner is not the occupier.". (2) For section 16B(2) of the Impounding of Livestock Act 1994 substitute— "(2) A notice under subsection (1)— (a) may be served whether or not any of the livestock have been impounded in accordance with section 5B(4)(a); and (b) must be served on the person personally or by registered post to the last known address of the person.". (3) After section 16B(3)(c) of the Impounding of Livestock Act 1994 insert— "(ca) a statement that the livestock may be impounded by an authorised officer of the council— (i) under section 5B(4)(a), if the officer is satisfied that the welfare of the livestock would be at risk or there would be risk to public safety if the s. 12 -- 13 of 53 -- Part 2—Amendments to the Impounding of Livestock Act 1994 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 10 Authorised by the Chief Parliamentary Counsel livestock were to wander from the land or building; or (ii) under section 5B(4)(b), if the notice is not complied with within the specified time;". 13 Holding period for impounded livestock (1) For the heading to section 17 of the Impounding of Livestock Act 1994 substitute— "Holding period for impounded livestock". (2) For section 17(1) of the Impounding of Livestock Act 1994 substitute— "(1) Subject to subsection (3), a council must hold livestock impounded under section 5 or 5B for at least 7 days before the council may dispose of the livestock in accordance with this Part.". (3) After section 17(2) of the Impounding of Livestock Act 1994 insert— "(3) If a notice under section 16B is served on a person in relation to livestock impounded under section 5 or 5B(4)(a) before the impoundment of the livestock or before the end of the 7 day period referred to in subsection (1), the council must hold the livestock before disposing of the livestock in accordance with this Part for at least— (a) the 7 day period referred to in subsection (1); or (b) a period of 3 days after the time within which measures must be taken under the notice— whichever period finishes last.". s. 13 -- 14 of 53 -- Part 2—Amendments to the Impounding of Livestock Act 1994 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 11 Authorised by the Chief Parliamentary Counsel 14 Offence if livestock trespass after service of notice under section 16A In section 25A of the Impounding of Livestock Act 1994— (a) for "the owner of that livestock" substitute "a person"; (b) for "owner is guilty" substitute "person is guilty". 15 Offence if non-compliance with notice served under section 16B In section 25B of the Impounding of Livestock Act 1994, for "An owner of livestock" substitute "A person". 16 Regulations After section 34(1)(a) of the Impounding of Livestock Act 1994 insert— "(ab) the care and management of impounded livestock in pounds; and". __________________ s. 14 -- 15 of 53 -- Part 3—Amendments to the Livestock Disease Control Act 1994 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 12 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENTS TO THE LIVESTOCK DISEASE CONTROL ACT 1994 17 Minister may declare unusual circumstances of disease or death in livestock In section 7A(1)(c) of the Livestock Disease Control Act 1994, for "symptoms" substitute "clinical signs". 18 Notification of unusual circumstances of disease or death in livestock In section 7B of the Livestock Disease Control Act 1994, for "14 days" substitute "5 days". 19 No cattle or pigs on sewage land (1) After section 43(2) of the Livestock Disease Control Act 1994 insert— "(2A) The owner of cattle or pigs must not permit, suffer or allow the cattle or pigs to be provided with, or given access to, recycled water obtained from a sewerage authority. Penalty: 120 penalty units.". (2) After section 43(3) of the Livestock Disease Control Act 1994 insert— "(3A) Subsection (2A) does not apply to a sewerage authority which permits, suffers or allows any cattle on land owned or occupied by the sewerage authority to be provided s. 17 See: Act No. 115/1994. Reprint No. 6 as at 1 January 2011 and amending Act Nos 29/2011 and 69/2011. LawToday: www. legislation. vic.gov.au -- 16 of 53 -- Part 3—Amendments to the Livestock Disease Control Act 1994 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 13 Authorised by the Chief Parliamentary Counsel with, or given access to, recycled water obtained from the sewerage authority.". (3) In section 43(4) of the Livestock Disease Control Act 1994— (a) in paragraph (b), for "land—" substitute "land; or"; (b) after paragraph (b) insert— "(c) has been provided with, or given access to, recycled water obtained from a sewerage authority—"; (c) for "(1) or (2)" substitute "(1), (2) or (2A)". (4) After section 43(6) of the Livestock Disease Control Act 1994 insert— "(7) In this section, recycled water has the same meaning as in section 3(1) of the Water Act 1989.". 20 Registration of beekeepers After section 48(4) of the Livestock Disease Control Act 1994 insert— "(4A) A registration or renewal of registration granted under this section remains in force for a period of one year from the date that it was granted or renewed unless sooner cancelled under section 49A.". 21 Annual fees In section 49 of the Livestock Disease Control Act 1994, after "annual fee" insert "fixed by the Minister (if any)". s. 20 -- 17 of 53 -- Part 3—Amendments to the Livestock Disease Control Act 1994 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 14 Authorised by the Chief Parliamentary Counsel 22 New section 49A inserted After section 49 of the Livestock Disease Control Act 1994 insert— "49A Secretary may cancel registration if fee not paid The Secretary may cancel the registration of a beekeeper if a fee required to be paid under section 49 is not paid in accordance with that section.". 23 Exposure of bees to infected articles etc. After section 52(2) of the Livestock Disease Control Act 1994 insert— "(3) A person must not expose any pollen collected from bees, which is infected with disease, in any manner that will allow bees to access the pollen. Penalty: 60 penalty units.". 24 Compensatable diseases (1) In section 73(1) of the Livestock Disease Control Act 1994— (a) for "Compensation" substitute "Except under section 75(e), compensation"; (b) omit "tuberculosis or". (2) In section 73(2) of the Livestock Disease Control Act 1994— (a) for "A reference" substitute "Except in section 75(e), a reference"; (b) omit "tuberculosis or". s. 22 -- 18 of 53 -- Part 3—Amendments to the Livestock Disease Control Act 1994 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 15 Authorised by the Chief Parliamentary Counsel 25 Compensation payable out of Fund (1) In section 77(1) of the Livestock Disease Control Act 1994— (a) omit "(1)"; (b) omit "except for compensation for tuberculosis". (2) Section 77(2) of the Livestock Disease Control Act 1994 is repealed. 26 Section 79C substituted For section 79C of the Livestock Disease Control Act 1994 substitute— "79C Compensation payable for declared diseases Compensation is only payable under this Division in respect of any disease that is declared by Order in Council published in the Government Gazette to be a compensatable disease in respect of sheep or goats.". 27 Records of notifications etc. After section 107B(1)(a) of the Livestock Disease Control Act 1994 insert— "(b) information given to the Secretary by a Council under section 121A;". 28 Treatment notice For section 115(2) of the Livestock Disease Control Act 1994 substitute— "(2) A person must not contravene any provision of a treatment notice in respect of an exotic disease under this section. Penalty: 120 penalty units. s. 25 -- 19 of 53 -- Part 3—Amendments to the Livestock Disease Control Act 1994 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 16 Authorised by the Chief Parliamentary Counsel (3) A person must not contravene any provision of a treatment notice in respect of a disease other than an exotic disease under this section. Penalty: 60 penalty units.". 29 New section 121A inserted After section 121 of the Livestock Disease Control Act 1994 insert— "121A Secretary may request information relating to land from Councils (1) The Secretary, for or in connection with the administration of, or in carrying out his or her functions under, the Act or the regulations, may make a written request to a Council for the following information relating to land in the municipal district of that Council— (a) the address of the land; (b) the name, address and contact details of the owner of the land; (c) if the owner does not occupy the land, the name, address and contact details of the occupier (if available); (d) the zone under the planning scheme applying to the land; (e) the purpose for which the land is used; (f) any numbers or codes held by the Council which can be used to identify the land. (2) In this section— Council has the same meaning as in section 3(1) of the Local Government Act 1989; s. 29 -- 20 of 53 -- Part 3—Amendments to the Livestock Disease Control Act 1994 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 17 Authorised by the Chief Parliamentary Counsel planning scheme means a planning scheme made under the Planning and Environment Act 1987 as that planning scheme is in force from time to time.". 30 Power to serve a notice In section 126(1) of the Livestock Disease Control Act 1994, for "48(1), 51(1), 51(2), 94A, 94B, 95(1), 95A(1), 95B(1), 96B or 115A(4)" substitute "48(1), 50(1), 51(1), 51(2), 52(1), 52(2), 52(3), 94A, 94B, 95(1), 95A(1), 95B(1), 96B, 115(3) or 115A(4)". __________________ s. 30 -- 21 of 53 -- Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 18 Authorised by the Chief Parliamentary Counsel PART 4—AMENDMENTS TO THE PREVENTION OF CRUELTY TO ANIMALS ACT 1986 31 Application of Act In section 6(1)(b) of the Prevention of Cruelty to Animals Act 1986, for "this Act" substitute "this Act,". 32 Codes of Practice (1) Section 7(3) and (4) of the Prevention of Cruelty to Animals Act 1986 are repealed. (2) After section 7(5) of the Prevention of Cruelty to Animals Act 1986 insert— "(5A) The power to make, vary or revoke a Code of Practice under subsection (1) is subject to the Code of Practice or the variation or revocation of a Code of Practice being disallowed by either House of the Parliament.". 33 Defences to cruelty or aggravated cruelty (1) Insert the following heading to section 11 of the Prevention of Cruelty to Animals Act 1986— "Defences to cruelty or aggravated cruelty". (2) At the end of section 11 of the Prevention of Cruelty to Animals Act 1986 insert— "(2) It is a defence to a prosecution for an offence under section 9 or 10 in relation to an activity if the person charged was carrying out the activity in accordance with a code of s. 31 See: Act No. 46/1986. Reprint No. 8 as at 27 May 2010 and amending Act No. 75/2011. LawToday: www. legislation. vic.gov.au -- 22 of 53 -- Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 19 Authorised by the Chief Parliamentary Counsel practice prescribed for the purposes of this subsection (other than a Code of Practice made under section 7) that regulates that activity.". 34 Serious offences (1) In section 12(1) of the Prevention of Cruelty to Animals Act 1986— (a) for "convicted" substitute "convicted, found guilty or found not guilty because of mental impairment"; (b) after "or offences" insert "committed, or that would have been committed in the case of a person found not guilty because of mental impairment,". (2) In section 12(1A) of the Prevention of Cruelty to Animals Act 1986, for "convicted" substitute "convicted, found guilty or found not guilty because of mental impairment". (3) In section 12(2)(a) of the Prevention of Cruelty to Animals Act 1986, after "committed" (where first occurring) insert ", or would have been committed in the case of a person found not guilty because of mental impairment,". (4) In section 12(2)(a)(ii) of the Prevention of Cruelty to Animals Act 1986— (a) after "committed" (where first occurring) insert ", or would have been committed,"; (b) after "offence" (where secondly occurring) insert ", or would have committed the offence,". (5) In section 12(2)(b) of the Prevention of Cruelty to Animals Act 1986, after "offence" (where first occurring) insert "committed or that would have been committed". s. 34 -- 23 of 53 -- Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 20 Authorised by the Chief Parliamentary Counsel 35 General inspectors (1) For section 18(1)(b)(i) of the Prevention of Cruelty to Animals Act 1986 substitute— "(i) employed under Part 3 of the Public Administration Act 2004; or". (2) In section 18(1)(c) of the Prevention of Cruelty to Animals Act 1986— (a) for "Any person" substitute "any person"; (b) for "authorised officer." substitute "authorised officer; and". (3) After section 18(1)(c) of the Prevention of Cruelty to Animals Act 1986 insert— "(d) any person appointed as a general inspector under a declaration made under section 20A.". 36 Specialist inspectors In section 18A(1) of the Prevention of Cruelty to Animals Act 1986, for "this Part" substitute "this Act". 37 New section 20A inserted After section 20 of the Prevention of Cruelty to Animals Act 1986 insert— "20A Department Head may declare animals at risk due to an emergency (1) The Department Head may, by notice published in the Government Gazette, declare that the welfare of any class or classes of animal is at risk due to an existing emergency. (2) The declaration must state when it ceases to have effect and the nature of the emergency. s. 35 -- 24 of 53 -- Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 21 Authorised by the Chief Parliamentary Counsel (3) The Department Head must revoke the declaration by a notice published in the Government Gazette as soon as possible after being satisfied that the emergency no longer exists. (4) The declaration ceases to have effect 30 days after the notice is published under subsection (1), unless earlier revoked under subsection (3). (5) If a declaration is made under this section, the Department Head may, by instrument in writing, appoint any person whom the Department Head considers to have the appropriate qualifications to be a general inspector for the purposes of any provision or provisions of this Act. (6) The Department Head may appoint a general inspector for the period specified in the instrument, which must not exceed the duration of the declaration. (7) The appointment of a general inspector remains in force until the earlier of the following— (a) the declaration ceases to have effect or is revoked under subsection (3); (b) the appointment is revoked by the Department Head. (8) In this section emergency has the same meaning as in section 4(1) of the Emergency Management Act 1986.". s. 37 -- 25 of 53 -- Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 22 Authorised by the Chief Parliamentary Counsel 38 New section 24KA inserted After section 24K of the Prevention of Cruelty to Animals Act 1986 insert— "24KA Search warrant for premises if non- compliance with section 24ZTA (1) A POCTA inspector, with the written approval of the Department Head, may apply to a magistrate for the issue of a search warrant in relation to premises (including residential premises), if— (a) a person at the premises has not complied with a notice under section 24ZTA to produce or make a document available within the time specified in the notice; and (b) the inspector believes on reasonable grounds that the document is in or on the premises and that it is relevant to determining whether another person has committed an offence against the Act or the regulations. (2) If a magistrate is satisfied, by the evidence, on oath or by affidavit, of the inspector that there are reasonable grounds to believe that there is a document in or on the premises that is relevant to determining whether a person has committed an offence against the Act or the regulations, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989, authorising a POCTA inspector named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment— (a) to enter the premises specified in the warrant; and s. 38 -- 26 of 53 -- Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 23 Authorised by the Chief Parliamentary Counsel (b) to do all or any of the following— (i) search for; (ii) secure against interference; (iii) examine, inspect and take a copy or make an extract of— the document named or described in the warrant and which the inspector believes, on reasonable grounds, to be relevant to determining whether a person has committed an offence against the Act or the regulations.". 39 Seizure of things not mentioned in the warrant and taking of samples In section 24Q(1) of the Prevention of Cruelty to Animals Act 1986, after "this Part" (where first occurring) insert "other than under section 24KA". 40 Court orders as to costs and disposal of animals In section 24X(1)(c) of the Prevention of Cruelty to Animals Act 1986, for "the animal" (where secondly occurring) substitute "any animal". 41 New section 24ZTA inserted After section 24ZT of the Prevention of Cruelty to Animals Act 1986 insert— "24ZTA Requirement to make documents available for inspection (1) A POCTA inspector, with the written approval of the Department Head, may serve a notice on a person requiring the person to produce or make available for inspection a document in the custody or possession of the person which the inspector believes on reasonable grounds to be relevant to determining whether another person has s. 39 -- 27 of 53 -- Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 24 Authorised by the Chief Parliamentary Counsel committed an offence against this Act or the regulations. (2) A notice under subsection (1) must— (a) specify a time within which the person must produce or make the document available for inspection that is not less than 14 days after service of the notice; and (b) inform the person that it is an offence to fail to comply with the notice unless subsection (4) applies; and (c) must be served on a person either personally or by registered post at the last known address of that person. (3) The inspector may inspect, take a copy of, or make an extract of, any document produced or made available under subsection (1). (4) A person served with a notice under subsection (1) must comply with the notice within the time for compliance specified in the notice unless, in the case of a natural person, compliance with the notice would tend to incriminate the person. Penalty: 20 penalty units. (5) Section 24ZV(2) does not apply to the requirement to comply with a notice under subsection (1).". 42 New sections 24ZX and 24ZY inserted After section 24ZW of the Prevention of Cruelty to Animals Act 1986 insert— "24ZX Conduct of proceedings If a charge-sheet charging an offence is filed by a person authorised to do so under section 24ZW(1)(b), the proceedings for the offence s. 42 -- 28 of 53 -- Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 25 Authorised by the Chief Parliamentary Counsel may be conducted before a court by any other person authorised under that section to file a charge-sheet for such an offence. 24ZY Court to take judicial notice All courts must take judicial notice of the fact that a person has valid authority to file a charge-sheet charging an offence under section 24ZW(1) or to conduct proceedings for an offence under section 24ZX.". 43 Offences relating to scientific procedures carried out at scientific premises (1) In section 26(2) of the Prevention of Cruelty to Animals Act 1986, for "nominate a person" substitute "nominate a natural person". (2) For the penalty at the foot of section 26(3) of the Prevention of Cruelty to Animals Act 1986 substitute— "Penalty: 120 penalty units or imprisonment for 12 months.". 44 New section 35A inserted After section 35 of the Prevention of Cruelty to Animals Act 1986 insert— "35A Offences as to authorized officers (1) A person must not, without reasonable excuse, obstruct or hinder or attempt to obstruct or hinder an authorized officer in the discharge of his or her powers, duties or functions under this Part. Penalty: 60 penalty units. (2) For the purposes of subsection (1), a reasonable excuse includes the failure of the authorized officer to inform the person of the existence of the offence before the authorized officer attempted to exercise the s. 43 -- 29 of 53 -- Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 26 Authorised by the Chief Parliamentary Counsel power or carry out the duty or function under this Part. (3) A person must not, without reasonable excuse, refuse admission to an authorized officer exercising a power of entry or a person assisting an authorized officer in exercising a power of entry under this Part. Penalty: 60 penalty units. (4) A person must not, without reasonable excuse, contravene or fail to comply with any direction or requirement of an authorized officer who is acting in the discharge of his or her powers under this Part. Penalty: 60 penalty units.". 45 Offences In section 36(1) of the Prevention of Cruelty to Animals Act 1986— (a) omit "knowingly or negligently"; (b) for "unnecessary, unreasonable or unjustifiable" substitute "unreasonable". 46 New section 44 inserted After section 43 of the Prevention of Cruelty to Animals Act 1986 insert— "44 Primary Industries and Food Legislation Amendment Act 2012 Section 12 as amended by section 34 of the Primary Industries and Food Legislation Amendment Act 2012 applies to a person in respect of an offence under this Act committed by the person or, in the case of a person found not guilty because of mental impairment, that would have been committed by the person, before, on or after the commencement of section 34 of the Primary s. 45 -- 30 of 53 -- Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 27 Authorised by the Chief Parliamentary Counsel Industries and Food Legislation Amendment Act 2012.". __________________ s. 46 -- 31 of 53 -- Part 5—Amendments to the Food Act 1984 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 28 Authorised by the Chief Parliamentary Counsel PART 5—AMENDMENTS TO THE FOOD ACT 1984 47 Definitions (1) In section 4(1) of the Food Act 1984, in the definition of article, after paragraph (a) insert— "(ab) any plant, plant product, animal, livestock product, chemical, fertiliser, stock food, soil, surface or other thing used in, or in connection with, the handling of food; or". (2) In section 4(1) of the Food Act 1984, in paragraph (c) of the definition of authorized officer omit "for the purposes of enforcing the provisions of this Act in relation to any dairy premises, milk or dairy food within the meaning of the Dairy Act 2000,". (3) In section 4(1) of the Food Act 1984, at the foot of the definition of handling insert— "Note Section 4C(3) clarifies that handling of food includes primary food production.". (4) In section 4(1) of the Food Act 1984, for the definition of Secretary substitute— "Secretary— (a) in paragraph (a) of the definition of authorized officer in section 4(1) of Part 1 and in Part II, Part III, Part IIIA (except section 19BB(5), (6) and (7)), Part IV (except section 20(5)), Part VIII and Part IX (except sections 56(1) and 59C(3)) means the Secretary DH or the Secretary DPI; and (b) in any other provision in this Act means the Secretary DH;". s. 47 See: Act No. 10082. Reprint No. 9 as at 1 July 2011 and amending Act Nos 58/2011 and 43/2012. LawToday: www. legislation. vic.gov.au -- 32 of 53 -- Part 5—Amendments to the Food Act 1984 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 29 Authorised by the Chief Parliamentary Counsel (5) In section 4(1) of the Food Act 1984 insert the following definitions— "declared authority means a person or body declared under section 4I(1); DFSV means Dairy Food Safety Victoria established under Part 2 of the Dairy Act 2000; livestock product has the same meaning as in section 3(1) of the Livestock Disease Control Act 1994; plant product has the same meaning as in the Plant Biosecurity Act 2010; primary production and processing standard means a standard contained in Chapter 4 of the Food Standards Code; PrimeSafe means the Authority established under Part 6 of the Meat Industry Act 1993; Secretary DH means the Department Head (within the meaning of the Public Administration Act 2004) of the Department; Secretary DPI means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Primary Industries;". 48 Meaning of primary food production After section 4C(2) of the Food Act 1984 insert— "(3) To avoid doubt, references in this Act to the handling of food includes primary food production.". s. 48 -- 33 of 53 -- Part 5—Amendments to the Food Act 1984 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 30 Authorised by the Chief Parliamentary Counsel 49 New section 4I inserted After section 4H of the Food Act 1984 insert— '4I Declared authority for the purposes of references in Chapter 4 of the Food Standards Code (1) The Minister, by order published in the Government Gazette, may declare a person or body or a person or body belonging to a specified class of person or body to be a declared authority for the purposes of carrying out any function or duty or exercising any power of an Authority, authority or relevant authority referred to in a specified primary production and processing standard or any specified provision of that standard. (2) An order made under subsection (1) may be made so as to be limited in respect of time or circumstances including in respect of— (a) a person or a person belonging to a specified class of person; or (b) a premises or a premises belonging to a specified class of premises. (3) An order under this section takes effect on the date that the order is published in the Government Gazette or on any later date specified in the order. (4) For the purposes of any provision of this Act that applies the Food Standards Code, a reference in a primary production and processing standard or any provision of that standard to an "Authority", "authority" or "relevant authority" is taken to be a reference to a "declared authority" declared in an order under subsection (1) for the purposes of that primary production and processing standard s. 49 -- 34 of 53 -- Part 5—Amendments to the Food Act 1984 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 31 Authorised by the Chief Parliamentary Counsel or that provision of that standard (as the case requires).'. 50 Orders After section 5(4) of the Food Act 1984 insert— "(5) The Secretary DH or the Secretary DPI, by order published in the Government Gazette, may exempt a person or a person belonging to a specified class of person from complying with a specified requirement of the Food Standards Code. (6) An order under subsection (5) may be made by the Secretary DPI only in respect of a requirement in a primary production and processing standard. (7) An order under subsection (5)— (a) may be made so as to be limited in respect of time or circumstances; and (b) may be unconditional or subject to any condition specified in the order; and (c) takes effect on the date that the order is published in the Government Gazette or on any later date specified in the order; and (d) may by like order be amended, varied or revoked.". 51 Application of Act to primary food production (1) In section 6A(1) of the Food Act 1984, for "Parts IV and VI do" substitute "Part VI does". (2) Section 6A(2) of the Food Act 1984 is repealed. s. 50 -- 35 of 53 -- Part 5—Amendments to the Food Act 1984 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 32 Authorised by the Chief Parliamentary Counsel 52 New section 7BA inserted After section 7B of the Food Act 1984 insert— "7BA Role of Department of Primary Industries The role of the Department of Primary Industries under this Act is to— (a) facilitate the exercise of the powers and functions of the Secretary DPI in relation to primary food production and related activities that, under arrangements with the Secretary DH, are to be carried out or exercised by the Secretary DPI; (b) promote the objects of this Act in relation to primary food production and related activities.". 53 Compliance with Food Standards Code After section 16(4) of the Food Act 1984 insert— "(5) A person does not contravene any provision of this section by reason only of failing to comply with an applicable requirement of the Food Standards Code if the person is exempted from compliance with that requirement by an order made under section 5(5).". 54 Orders relating to food premises (1) In section 19(4)(b) of the Food Act 1984, for "a council or a chief executive officer" substitute "anyone other than the Secretary". (2) After section 19(9)(c) of the Food Act 1984 insert— "(ca) DFSV in relation to any food premises in respect of which it has issued a dairy industry licence under Part 3 of the Dairy Act 2000; s. 52 -- 36 of 53 -- Part 5—Amendments to the Food Act 1984 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 33 Authorised by the Chief Parliamentary Counsel (cb) PrimeSafe in relation to any food premises in respect of which it has issued a licence under Part 4 of the Meat Industry Act 1993 or a seafood safety licence under Part 3 of the Seafood Safety Act 2003;". 55 New section 19AA inserted After section 19 of the Food Act 1984 insert— "19AA Orders relating to premises on which primary food production and related activities are carried out (1) This section applies if the relevant authority is satisfied from the report of an authorized officer that— (a) food being prepared, sold or otherwise handled at any premises is unsafe or unsuitable; or (b) food is being prepared, sold or otherwise handled at any premises in a manner that makes it likely that the food is unsafe or unsuitable; or (c) any premises, or any vehicle, plant, machinery or equipment used on the premises, or any activity conducted on the premises, in connection with any food prepared, sold or otherwise handled at the premises, or any such food, does not comply with an applicable requirement of a primary production and processing standard. (2) Subject to subsection (3), the relevant authority, by written order, may direct that, within a specified time, the relevant person in respect of a premises referred to in subsection (1) must do any one or more of the following— s. 55 -- 37 of 53 -- Part 5—Amendments to the Food Act 1984 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 34 Authorised by the Chief Parliamentary Counsel (a) take specified steps to ensure that food prepared, sold or otherwise handled at the premises is safe and suitable; (b) take specified steps to ensure that the premises, or any vehicle, plant, machinery or equipment used on the premises in connection with any food prepared, sold or otherwise handled at the premises is cleaned and disinfected or put into an altered condition to the satisfaction of the authorized officer; (c) ensure that any requirement of an applicable primary production and processing standard referred to in subsection (1)(c) is complied with. (3) An order may not be made under subsection (2)(c) in relation to a requirement of an applicable primary production and processing standard, if the relevant person is a person who is exempted from compliance with that requirement by an order made under section 5(5). Note If a person exempted under section 5(5) from complying with an applicable requirement of a primary production and processing standard does not comply or is not complying with any condition of the exemption, the exemption will no longer be in force and the person will not be exempt from that requirement. The person may then be subject to a direction under this section if there has been non- compliance with that requirement. (4) The relevant authority, in an order under subsection (2) or a subsequent written order, may direct that, until the directions in subsection (2) are complied with, the relevant person in respect of the premises s. 55 -- 38 of 53 -- Part 5—Amendments to the Food Act 1984 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 35 Authorised by the Chief Parliamentary Counsel referred to in subsection (2) must ensure that— (a) the premises or a specified area of the premises is not used for the preparation, sale or other handling of food or an activity connected with food specified in the order; or (b) any vehicle, plant, machinery or equipment on the premises is not used in connection with the preparation, sale or other handling of food or an activity connected with food specified in the order; or (c) any food or class of food specified in the order is not removed from the premises, for any purpose (including any purpose specified in the order) or in any circumstances specified in the order, for the period of time that is specified in the order. (5) An order under this section— (a) must be served on the relevant person in respect of the premises to which the order applies; or (b) if the name and address of the relevant person is unknown, must be affixed to a conspicuous part of the premises to which the order applies. (6) An order under this section takes effect when it is served or affixed (as the case may be) in accordance with subsection (5). (7) If satisfied that an order made under this section has been complied with, the relevant authority must— (a) revoke the order; and s. 55 -- 39 of 53 -- Part 5—Amendments to the Food Act 1984 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 36 Authorised by the Chief Parliamentary Counsel (b) give written notice of the revocation of the order in the same manner in which the order was served. (8) A person must not contravene an order made under this section. Penalty: 120 penalty units. (9) A person (other than the relevant person to whom the order applies) must not remove an order affixed to a premises under subsection (5)(b) while that order remains in force. Penalty: 60 penalty units. (10) In this section— premises means any premises on which an activity, to which a primary production and processing standard applies, is conducted; relevant authority means any one of the following— (a) in the case of a premises used solely for the purposes of a primary food production business— (i) the Secretary DPI; (ii) a declared authority; (b) in the case of a food premises— (i) the Secretary DPI; (ii) the Secretary DH; (iii) a declared authority; (iv) the council that is the registration authority for the premises; s. 55 -- 40 of 53 -- Part 5—Amendments to the Food Act 1984 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 37 Authorised by the Chief Parliamentary Counsel (v) the chief executive officer of a council referred to in subparagraph (iv); relevant person means the person who, on a premises, is conducting an activity to which a primary production and processing standard applies.". 56 Secretary may accept undertaking In section 19BB(2)(a) of the Food Act 1984, for "food premises" substitute "premises". 57 Powers of authorized officers In section 21(3) of the Food Act 1984, after "sale of food" insert "or primary food production". 58 Remedy in respect of articles seized For section 26(4) of the Food Act 1984 substitute— "(4) Subsection (5) applies if— (a) an application is made under subsection (1) and the application is refused; or (b) an application is not made under subsection (1) and the period of 7 days after the seizure has expired. (5) After the application is refused or the period of 7 days after the seizure has expired (as the case may be) the article seized becomes the property of the— (a) Secretary DH, if the authorized officer who seized the article is authorised by the Secretary DH under section 20(1); or s. 56 -- 41 of 53 -- Part 5—Amendments to the Food Act 1984 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 38 Authorised by the Chief Parliamentary Counsel (b) Secretary DPI, if the authorized officer who seized the article is authorised by the Secretary DPI under section 20(1); or (c) a council, if the authorized officer who seized the article is an environmental health officer of that council or appointed by the council under section 20(1B); or (d) DFSV, if the authorized officer who seized the article is an authorized officer within the meaning of paragraph (c) of the definition of authorized officer; or (e) PrimeSafe, if the authorized officer who seized the article is an authorized officer within the meaning of paragraph (d) of the definition of authorized officer— and the article must be destroyed or otherwise disposed of as the Secretary DH, the Secretary DPI, the council, DFSV or PrimeSafe (as the case requires) directs.". 59 Analysts (1) In section 30(3) and (7) of the Food Act 1984, before "the manufacture" insert "primary food production or". (2) In section 30(4) of the Food Act 1984— (a) after "who" insert "is or"; (b) before "the manufacture" insert "primary food production or". s. 59 -- 42 of 53 -- Part 5—Amendments to the Food Act 1984 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 39 Authorised by the Chief Parliamentary Counsel (3) After section 30(8) of the Food Act 1984 insert— "(8A) The following persons are taken to be authorised under this section to carry out an analysis of any article for the purposes of this Act subject to any conditions of that approval— (a) a person or a person who is of a class of person approved under section 16A(1) of the Livestock Disease Control Act 1994; (b) a person who is appointed as an approved analyst under section 69G of the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth for the purposes of the Agvet Codes within the meaning of that Act.". (4) In section 30(9) of the Food Act 1984, for "subsection (8)" substitute "subsection (8) or (8A)". 60 Power of court to order forfeiture For section 48(4) of the Food Act 1984 substitute— "(4) Every article forfeited to her Majesty under this section must be destroyed or otherwise disposed of in accordance with— (a) a direction of the Secretary DPI, if the prosecutor of the offence referred to in subsection (1) is the Secretary DPI or an authorized officer authorised by the Secretary DPI under section 20(1); or (b) a direction of DFSV, if the prosecutor of the offence referred to in subsection (1) is an authorized officer within the s. 60 -- 43 of 53 -- Part 5—Amendments to the Food Act 1984 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 40 Authorised by the Chief Parliamentary Counsel meaning of paragraph (c) of the definition of authorized officer; or (c) a direction of PrimeSafe, if the prosecutor of the offence referred to in subsection (1) is an authorized officer within the meaning of paragraph (d) of the definition of authorized officer; or (d) a direction of the Secretary DH in any other case.". 61 Evidentiary provisions In section 50(1) of the Food Act 1984— (a) in paragraph (a), after "intended for sale" insert "or produced by way of primary food production"; (b) in paragraph (c)— (i) after "sale of food" (where first occurring) insert "or for primary food production"; (ii) after "sale of food" (where secondly occurring) insert "or in primary food production". 62 Evidentiary certificate signed by the Secretary (1) In the heading to section 50AA of the Food Act 1984, after "Secretary" insert "DH". (2) In section 50AA of the Food Act 1984, after "Secretary" insert "DH". s. 61 -- 44 of 53 -- Part 5—Amendments to the Food Act 1984 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 41 Authorised by the Chief Parliamentary Counsel 63 New section 50AAB inserted After section 50AA of the Food Act 1984 insert— "50AAB Evidentiary certificate signed by the Secretary DPI or the chief executive officer of DFSV or PrimeSafe In any proceeding for an offence against this Act, a certificate signed by the Secretary DPI, the chief executive officer of DFSV or the chief executive officer of PrimeSafe stating any of the following matters is evidence of the matter— (a) a stated document is one of the following things made, given or issued under this Act— (i) an appointment, authorisation, exemption, declaration or other decision; (ii) an order or a notice, direction or requirement; (iii) a record or an extract from a record; (b) a stated document is a copy of a thing referred to in paragraph (a); (c) on a stated day, or during a stated period, an authorisation as an authorized officer was, or was not, in force for a stated person; (d) on a stated day, a stated person was given a stated order, notice or direction under this Act; (e) a stated amount is payable under this Act by a stated person and has not been paid.". s. 63 -- 45 of 53 -- Part 5—Amendments to the Food Act 1984 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 42 Authorised by the Chief Parliamentary Counsel 64 Section 50AC substituted For section 50AC of the Food Act 1984 substitute— "50AC Evidence of signatures A signature purporting to be the signature of the Minister, the Secretary DH, the Secretary DPI, the chief executive officer of a council, the chief executive officer of DFSV, the chief executive officer of PrimeSafe, the chief executive officer of a declared authority, an authorized officer or an analyst is evidence of the signature it purports to be.". 65 Secrecy In section 54(1)(ba)(ii) of the Food Act 1984 omit "food" (where twice occurring). 66 Protection against liability For section 56(3) of the Food Act 1984 substitute— "(3) Any liability resulting from an act or omission that would but for subsection (2) attach to a person to whom this section applies attaches instead— (a) in the case of an authorized officer who is authorised by the Secretary DH under section 20(1), to the Secretary DH; (b) in the case of an authorized officer who is authorised by the Secretary DPI under section 20(1), to the Secretary DPI; (c) in the case of an authorized officer within the meaning of paragraph (c) of the definition of authorized officer, to DFSV; s. 64 -- 46 of 53 -- Part 5—Amendments to the Food Act 1984 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 43 Authorised by the Chief Parliamentary Counsel (d) in the case of an authorized officer within the meaning of paragraph (d) of the definition of authorized officer, to PrimeSafe; (e) in the case of an authorized officer who is an environmental health officer of a council or appointed by a council under section 20(1B) or an employee of a council, to that council.". 67 Delegation by council In section 58A(1) of the Food Act 1984, after "19(3)" insert ", 19AA(4)(a) or 19AA(4)(b)". 68 New section 58AB inserted After section 58A of the Food Act 1984 insert— "58AB Delegations by Secretary DPI, the DFSV or PrimeSafe (1) The Secretary DPI by instrument may delegate any power, duty or function of the Secretary DPI under this Act (other than this power of delegation) to any employee or class of employees employed under Part 3 of the Public Administration Act 2004. (2) DFSV by instrument may delegate any power, duty or function of DFSV under this Act (other than this power of delegation) to any officer or employee of DFSV. (3) Primesafe by instrument may delegate any power, duty or function of PrimeSafe under this Act (other than this power of delegation) to any officer or employee of PrimeSafe.". s. 67 -- 47 of 53 -- Part 5—Amendments to the Food Act 1984 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 44 Authorised by the Chief Parliamentary Counsel 69 Regulations (1) In section 63(1)(z)(ii) of the Food Act 1984, after "this Act" insert "or the Food Standards Code". (2) After section 63(1) of the Food Act 1984 insert— "(1A) In the case of fees and charges, the regulations may provide for any or all of the following— (a) specific fees or charges; (b) maximum fees or charges; (c) differential fees or charges; (d) fees or charges to be fixed and collected by the Secretary DPI, including acting in his or her capacity as a declared authority, for services provided for or in connection with the administration of, or for carrying out his or her functions under, this Act, the regulations or the Food Standards Code. (1B) The Secretary DPI, including acting in his or her capacity as a declared authority, must cause details of fees or charges fixed under subsection (1A)(d) to be published in the Government Gazette.". s. 69 -- 48 of 53 -- Part 5—Amendments to the Food Act 1984 Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 45 Authorised by the Chief Parliamentary Counsel 70 New Part XV inserted After the first rule following Part XIV of the Food Act 1984 insert— "PART XV—TRANSITIONAL AND SAVINGS PROVISIONS 80 Transitional provision—Primary Industries and Food Legislation Amendment Act 2012 Section 56, as amended by section 66 of the Primary Industries and Food Legislation Amendment Act 2012, applies only to acts or omissions of persons to whom section 56 applies that are the subject of proceedings commenced on or after the commencement of section 66.". __________________ s. 70 -- 49 of 53 -- Part 6—Other Amendments Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 46 Authorised by the Chief Parliamentary Counsel PART 6—OTHER AMENDMENTS 71 New section 237A inserted into Local Government Act 1989 After section 237 of the Local Government Act 1989 insert— "237A Council to provide information relating to land to inspectors of livestock A Council must make available to the Secretary to the Department of Primary Industries any information relating to land in the municipal district of that Council that has been requested in writing by the Secretary in accordance with section 121A of the Livestock Disease Control Act 1994.". 72 Statute law revision amendments (1) In section 5A(2) of the Impounding of Livestock Act 1994, for "enters a land or building" substitute "enters land or a building". (2) In section 75(e) of the Livestock Disease Control Act 1994— (a) for "(a)" substitute "(i)"; (b) for "(b)" substitute "(ii)". (3) In section 19K(2) of the Food Act 1984, for "subsection (2)" substitute "subsection (1)". (4) In section 32(7) of the Food Act 1984, for "Part VIII" substitute "Part VII". (5) In the heading to section 50AB of the Food Act 1984, for "Chief Executive Officer" substitute "chief executive officer". (6) In section 50AB of the Food Act 1984, for "Chief Executive Officer" substitute "chief executive officer". s. 71 See: Act No. 11/1989. Reprint No. 11 as at 1 January 2012 and amending Act No. 20/2012. LawToday: www. legislation. vic.gov.au -- 50 of 53 -- Part 6—Other Amendments Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 47 Authorised by the Chief Parliamentary Counsel (7) In section 25 of the Prevention of Cruelty to Animals Act 1986, for the definition of authorised officer substitute— "authorized officer means a person appointed to be an authorized officer under section 35;". (8) In section 37A(2)(a) of the Prevention of Cruelty to Animals Act 1986, for "authorised officer" substitute "authorized officer". _________________ s. 72 -- 51 of 53 -- Part 7—Repeal of Amending Act Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 48 Authorised by the Chief Parliamentary Counsel PART 7—REPEAL OF AMENDING ACT 73 Repeal of amending Act This Act is repealed on 1 July 2014. 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). ═══════════════ s. 73 -- 52 of 53 -- Primary Industries and Food Legislation Amendment Act 2012 No. 60 of 2012 49 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 13 August 2012 Legislative Council: 13 September 2012 The long title for the Bill for this Act was "A Bill for an Act to amend the Impounding of Livestock Act 1994, the Livestock Disease Control Act 1994, the Prevention of Cruelty to Animals Act 1986, the Food Act 1984 and the Local Government Act 1989 and for other purposes." Endnotes -- 53 of 53 --