Primary Industries Legislation Amendment Act 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Primary Industries Legislation Amendment Act 2012 No. 29 of 2012 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—AMENDMENTS TO THE AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992 3 3 Off-label use of chemical products 3 4 Authorised officers 3 5 Powers of authorised officers 3 6 New section 67B inserted 4 67B Non-return of cancelled or suspended authority an offence 4 7 Infringement notices 4 8 Time limit for commencing prosecutions 4 9 Cancellation or suspension 4 PART 3—AMENDMENTS TO THE DOMESTIC ANIMALS ACT 1994 6 10 Parent or guardian deemed to be owner 6 11 Minister's power to delegate 6 12 Dogs and cats that are exempt from desexing 6 13 Restraint of dangerous dogs when on owner's premises 7 14 Restraint of restricted breed dogs when on owner's premises 7 15 Prohibition on transfer of ownership of restricted breed dogs 7 16 Prohibition on minor having control of dog outside owner's premises 7 17 New section 106 inserted 7 106 Transitional provision—Primary Industries Legislation Amendment Act 2012 7 18 Amendment to Schedule—Removal of reduced registration fee for permanently identified dogs or cats 8 -- 1 of 13 -- Section Page ii Authorised by the Chief Parliamentary Counsel PART 4—AMENDMENTS TO THE LIVESTOCK MANAGEMENT ACT 2010 9 19 Inspector may issue notice of suspension 9 20 Offence to endanger people or animals or risk disease 9 21 Power to serve a notice 9 PART 5—REPEAL OF AMENDING ACT 10 22 Repeal of amending Act 10 ═══════════════ ENDNOTES 11 -- 2 of 13 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Primary Industries Legislation Amendment Act 2012 † No. 29 of 2012 [Assented to 29 May 2012] 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— (i) provide for a further prohibition on selling certain stock or agricultural produce unless the seller has disclosed Victoria -- 3 of 13 -- Part 1—Preliminary Primary Industries Legislation Amendment Act 2012 No. 29 of 2012 2 Authorised by the Chief Parliamentary Counsel to the buyer certain information about the stock or produce; and (ii) insert a requirement for the return of cancelled or suspended authorities to the chief administrator; and (iii) increase the maximum penalty for an infringement offence; and (iv) make other miscellaneous amendments to that Act; and (b) to amend the Domestic Animals Act 1994— (i) to provide for an age limit of 18 years for minors under that Act; and (ii) to remove the reduced registration fee for permanently identified dogs and cats; and (iii) to make other miscellaneous amendments to that Act; and (c) to amend the Livestock Management Act 2010 to make miscellaneous amendments to that Act. 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 11 April 2013, it comes into operation on that day. __________________ s. 2 -- 4 of 13 -- Part 2—Amendments to the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 Primary Industries Legislation Amendment Act 2012 No. 29 of 2012 3 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENTS TO THE AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992 3 Off-label use of chemical products In section 19(7) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992— (a) in paragraph (b), for "land—", substitute "land; or"; (b) after paragraph (b) insert— "(c) consumed agricultural produce derived from any plant or animal to which an agricultural chemical product has been applied if— (i) in the case of agricultural produce derived from a plant, the agricultural produce was harvested from the plant; or (ii) in the case of agricultural produce obtained from an animal, the agricultural produce was obtained from the animal—". 4 Authorised officers In section 53(2) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, for "certificate" substitute "card". 5 Powers of authorised officers In section 54(1)(g) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, after "Act" insert "or any regulation or Order made under this Act". s. 3 See: Act No. 46/1992. Reprint No. 5 as at 13 October 2011. LawToday: www. legislation. vic.gov.au -- 5 of 13 -- Part 2—Amendments to the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 Primary Industries Legislation Amendment Act 2012 No. 29 of 2012 4 Authorised by the Chief Parliamentary Counsel 6 New section 67B inserted After section 67A of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert— "67B Non-return of cancelled or suspended authority an offence (1) The person who was the holder of an authority before it was cancelled or suspended under clause 4 of Schedule 1 must return the authority to the chief administrator within the time (if any) specified for its return in the notice under that clause. Penalty: 5 penalty units. (2) In this section authority has the same meaning as in clause 1 of Schedule 1.". 7 Infringement notices In section 69(3) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, for "2 penalty units" substitute "5 penalty units". 8 Time limit for commencing prosecutions In section 70 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, after "offence" (where first occurring) insert "against this Act or the regulations". 9 Cancellation or suspension (1) After clause 4(1) of Schedule 1 to the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert— "(1A) The chief administrator may include in the notice under subclause (1) a requirement that the holder of the authority return the authority to the chief administrator within the time specified in the notice.". s. 6 -- 6 of 13 -- Part 2—Amendments to the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 Primary Industries Legislation Amendment Act 2012 No. 29 of 2012 5 Authorised by the Chief Parliamentary Counsel (2) After clause 4(2)(a) of Schedule 1 to the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert— "(ab) the time within which the authority must be returned to the chief administrator if the notice includes this requirement; and". __________________ s. 9 -- 7 of 13 -- Part 3—Amendments to the Domestic Animals Act 1994 Primary Industries Legislation Amendment Act 2012 No. 29 of 2012 6 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENTS TO THE DOMESTIC ANIMALS ACT 1994 10 Parent or guardian deemed to be owner In section 4 of the Domestic Animals Act 1994, for "17 years" substitute "18 years". 11 Minister's power to delegate (1) In section 6(ab) of the Domestic Animals Act 1994, for "section 71;" substitute "section 71.". (2) Section 6(b) of the Domestic Animals Act 1994 is repealed. 12 Dogs and cats that are exempt from desexing After section 10B(1) of the Domestic Animals Act 1994 insert— "(1A) For the purposes of subsection (1)(e), the written veterinary advice must— (a) be given by a veterinary practitioner after he or she has personally examined the dog or cat; and (b) include the reasons why the health of the dog or cat is liable to be significantly prejudiced if it is desexed.". s. 10 See: Act No. 81/1994. Reprint No. 5 as at 1 September 2010 and amending Act Nos 44/2010, 78/2010, 39/2011, 55/2011 and 75/2011. LawToday: www. legislation. vic.gov.au -- 8 of 13 -- Part 3—Amendments to the Domestic Animals Act 1994 Primary Industries Legislation Amendment Act 2012 No. 29 of 2012 7 Authorised by the Chief Parliamentary Counsel 13 Restraint of dangerous dogs when on owner's premises (1) In section 38(1)(a)(ii) of the Domestic Animals Act 1994, for "17 years" substitute "18 years". (2) In paragraph (b) of the definition of prescribed enclosure in section 38(3) of the Domestic Animals Act 1994, for "17 years" substitute "18 years". 14 Restraint of restricted breed dogs when on owner's premises In section 41G(1)(a)(ii) of the Domestic Animals Act 1994, for "17 years" substitute "18 years". 15 Prohibition on transfer of ownership of restricted breed dogs In section 41K(3)(c) of the Domestic Animals Act 1994, for "17 years" substitute "18 years". 16 Prohibition on minor having control of dog outside owner's premises In section 41L of the Domestic Animals Act 1994, for "17 years" substitute "18 years". 17 New section 106 inserted After section 105 of the Domestic Animals Act 1994 insert— "106 Transitional provision—Primary Industries Legislation Amendment Act 2012 (1) Despite the amendments made to the Schedule by section 18 of the Primary Industries Legislation Amendment Act 2012, the Schedule as in force immediately before the commencement day continues to apply to a dog or cat registered immediately before the commencement day. s. 13 -- 9 of 13 -- Part 3—Amendments to the Domestic Animals Act 1994 Primary Industries Legislation Amendment Act 2012 No. 29 of 2012 8 Authorised by the Chief Parliamentary Counsel (2) In this section the commencement day means the day that section 18 of the Primary Industries Legislation Amendment Act 2012 comes into operation.". 18 Amendment to Schedule—Removal of reduced registration fee for permanently identified dogs or cats In the Schedule to the Domestic Animals Act 1994— (a) in Column 2 of Part 1, after "Dogs that are" omit "implanted with a prescribed permanent identification device or"; (b) in Column 2 of Part 2, after "cats are registered." omit "Cats that are implanted with a prescribed permanent identification device.". __________________ s. 18 -- 10 of 13 -- Part 4—Amendments to the Livestock Management Act 2010 Primary Industries Legislation Amendment Act 2012 No. 29 of 2012 9 Authorised by the Chief Parliamentary Counsel PART 4—AMENDMENTS TO THE LIVESTOCK MANAGEMENT ACT 2010 19 Inspector may issue notice of suspension In section 49(5) of the Livestock Management Act 2010, for "given under section 21" substitute "issued under subsection (2)". 20 Offence to endanger people or animals or risk disease In section 50(1)(c) of the Livestock Management Act 2010, for "bisoecurity" substitute "biosecurity". 21 Power to serve a notice In section 51(1) of the Livestock Management Act 2010, after "regulations" insert "prescribed for the purposes of this Division". __________________ s. 19 See: Act No. 15/2010 and amending Act No. 29/2011. LawToday: www. legislation. vic.gov.au -- 11 of 13 -- Part 5—Repeal of amending Act Primary Industries Legislation Amendment Act 2012 No. 29 of 2012 10 Authorised by the Chief Parliamentary Counsel PART 5—REPEAL OF AMENDING ACT 22 Repeal of amending Act This Act is repealed on 11 April 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. 22 -- 12 of 13 -- Primary Industries Legislation Amendment Act 2012 No. 29 of 2012 11 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 18 April 2012 Legislative Council: 3 May 2012 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 and the Livestock Management Act 2010 and for other purposes." Endnotes -- 13 of 13 --