Primary Industries Legislation Amendment Act 2010
i
Primary Industries Legislation Amendment Act
2010
No. 48 of 2010
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2—AMENDMENTS TO THE CATCHMENT AND LAND
PROTECTION ACT 1994 3
3 Definition 3
4 Additional duties of the Secretary 3
5 Classification of pests—general 3
6 New section 58B inserted 4
58B Emergency declaration of prohibited pest animal 4
7 What cannot be declared under this Part? 5
8 Removing particular vehicles or other things on to a road 5
9 Entry with consent 6
10 Entry with notice 6
11 Emergency entry 6
12 Further seizure powers 7
13 Authorised officer may have assistance 7
14 Retention notices 9
PART 3—AMENDMENTS TO THE LIVESTOCK DISEASE
CONTROL ACT 1994 10
15 Definitions 10
16 Governor in Council may make Orders 11
17 New sections 7A and 7B inserted 11
7A Minister may declare unusual circumstances of disease
or death in livestock 11
7B Notification of unusual circumstances of disease or
death in livestock 12
18 New section 8A inserted 13
8A Requirement for vendor declaration when livestock
sold or transported etc. 13
19 Identification of livestock 14
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Section Page
ii
20 Permanent identification of livestock 15
21 Section 9B substituted 15
9B Property identification codes 15
9BA Cancellation of property identification code 17
9BB Review of cancellation of property identification code 18
9BC Offence to use property identification code no longer
in force 19
22 Requirements for manufacturers of tags and devices 19
23 Entry of livestock etc. 19
24 Quarantine areas 20
25 Testing for diseases 20
26 New section 16A inserted 22
16A Secretary may make determinations relating to testing
for diseases 22
27 Further powers under Orders declaring restricted or control
areas 24
28 Swill feeding of pigs 24
29 Honey Bee Compensation and Industry Development Fund 24
30 Payments out of Fund 25
31 Cattle Compensation Advisory Committee 25
32 Interstate sheep and goat producers may apply for payment
from fund in respect of duty paid 27
33 Sheep and Goat Compensation Advisory Committee 28
34 Payment of duty by approved agents in respect of cattle 30
35 Payment of duty by approved agents in respect of sheep and
goats 31
36 Payment of duty by approved agents in respect of pigs 31
37 Delegations by Minister 32
38 Records of notifications etc. 32
39 Inspectors 34
40 Seized livestock and property 35
41 Power to serve a notice 35
42 New section 137A inserted 35
137A Offence to make false or misleading statements 35
43 Regulations 36
44 New section 147 inserted 36
147 Transitional provision—Primary Industries
Legislation Amendment Act 2010 36
45 New section 148 inserted 37
148 Transitional provisions—Primary Industries
Legislation Amendment Act 2010 37
46 Amendment to Schedule 1 37
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Section Page
iii
PART 4—AMENDMENTS TO THE PRIMARY INDUSTRIES
LEGISLATION AMENDMENT ACT 2009 38
47 Application for registration 38
48 Application for renewal and refusal to renew registration 38
49 New section 20 substituted 39
PART 5—AMENDMENTS TO THE VETERINARY PRACTICE
ACT 1997 40
50 Endorsement of registration as a specialist practitioner 40
51 Requirement to notify the Board of change of address 40
52 When complaints about professional conduct are to be
investigated by the Board 40
53 Outcome of preliminary investigation 40
54 Powers, functions and consultation requirements 41
PART 6—REPEAL OF AMENDING ACT 42
55 Repeal of amending Act 42
═══════════════
ENDNOTES 43
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1
Primary Industries Legislation
Amendment Act 2010 †
No. 48 of 2010
[Assented to 24 August 2010]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The purposes of this Act are—
(a) to amend the Catchment and Land
Protection Act 1994 to provide for
improved management of noxious weeds and
pest animals; and
Victoria
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Primary Industries Legislation Amendment Act 2010
No. 48 of 2010
2
(b) to amend the Livestock Disease Control
Act 1994—
(i) to improve response to the outbreak of
disease in livestock; and
(ii) to implement further measures to
prevent or control disease in livestock;
and
(iii) to change the constitution of the Cattle
Compensation Advisory Committee
and the Sheep and Goat Compensation
Advisory Committee; and
(iv) to make certain information collected
under that Act available for purposes
relating to emergency planning,
preparation, response and recovery and
other purposes; and
(v) to make other miscellaneous
amendments to that Act; and
(c) to amend the Primary Industries
Legislation Amendment Act 2009 and the
Veterinary Practice Act 1997 to further
provide for the implementation of the
National Recognition of Veterinary
Registration scheme.
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 30 November 2012, it comes into
operation on that day.
__________________
s. 2
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3
PART 2—AMENDMENTS TO THE CATCHMENT AND LAND
PROTECTION ACT 1994
3 Definition
In section 3(1) of the Catchment and Land
Protection Act 1994 insert the following
definition—
"animal means any animal (other than a human
being), whether vertebrate or not, and
includes—
(a) mammals, birds, insects, reptiles,
amphibians, fish, crustaceans and
molluscs; and
(b) the semen, ova or embryo of an animal
(other than a human being) or any other
substance or thing directly relevant to
the reproduction of an animal (other
than a human being); and
(c) any other prescribed form of animal
life, whether prescribed by reference to
a species or in any other way;".
4 Additional duties of the Secretary
After section 21(1) of the Catchment and Land
Protection Act 1994 insert—
"(1A) The Secretary must take all reasonable steps
to control restricted pest animals on any land
in the State.".
5 Classification of pests—general
In section 58(1)(a) of the Catchment and Land
Protection Act 1994, for "state" substitute
"State".
s. 3
See:
Act No.
52/1994.
Reprint No. 4
as at
31 October
2006
and
amending
Act Nos
4/2008,
12/2008,
61/2008,
6/2009 and
35/2009.
LawToday:
www.
legislation.
vic.gov.au
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4
6 New section 58B inserted
After section 58A of the Catchment and Land
Protection Act 1994 insert—
"58B Emergency declaration of prohibited pest
animal
(1) The Minister may, by a notice published in
the Government Gazette, declare an animal
to be a prohibited pest animal.
(2) The declaration must apply to the whole
State.
(3) The declaration must—
(a) state that it is an emergency pest animal
declaration; and
(b) state the nature of the emergency; and
(c) if the animal is already declared to be a
pest animal of a different category,
state its former category.
(4) A copy of the notice must be published—
(a) in a daily newspaper circulating
generally in Victoria; and
(b) in a weekly newspaper circulating
generally in rural Victoria; and
(c) on the Department's Internet site.
(5) The Minister must not make a declaration
under this section in relation to an animal
unless the Minister is satisfied that urgent
action is needed to protect the State from an
adverse economic, environmental or social
impact caused or likely to be caused by the
animal.
s. 6
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(6) If under the declaration the category of a pest
animal has changed, the declaration of the
former category of the pest animal ceases to
have effect while the declaration made under
this section is in force.
(7) The Minister 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.
(8) Unless earlier revoked, the declaration
ceases to have effect 3 months after the
notice under subsection (1) is published in
the Government Gazette.
(9) A copy of a notice under subsection (7) must
be published—
(a) in a daily newspaper circulating
generally in Victoria; and
(b) in a weekly newspaper circulating
generally in rural Victoria; and
(c) on the Department's Internet site.".
7 What cannot be declared under this Part?
In section 59(3) of the Catchment and Land
Protection Act 1994, after "under this Part"
insert "or declare an animal under section 58B".
8 Removing particular vehicles or other things on to a
road
(1) In the heading to section 70A of the Catchment
and Land Protection Act 1994, after "on to"
insert "or from".
(2) In section 70A(1)(a) of the Catchment and Land
Protection Act 1994, after "grain," insert "stone,
gravel, soil, plant material,".
s. 7
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(3) For section 70A(1)(b) of the Catchment and
Land Protection Act 1994 substitute—
"(b) machinery or equipment—
(i) used for building and maintaining a
road or roadside; or
(ii) used for building and maintaining
electricity, gas, water,
telecommunications or rail
infrastructure; or
(iii) used for the purposes of primary
production or earth works—".
(4) In section 70A(1) of the Catchment and Land
Protection Act 1994, after "to a road" insert
"or from a road on to land".
(5) In section 70A(2) of the Catchment and Land
Protection Act 1994, after "to a road" insert
"or from a road on to land".
9 Entry with consent
In section 80(2)(ba) of the Catchment and Land
Protection Act 1994, omit "with the consent of
the occupier,".
10 Entry with notice
In section 81(3)(ba) of the Catchment and Land
Protection Act 1994, omit "with the consent of
the occupier,".
11 Emergency entry
(1) After section 82(1)(a) of the Catchment and
Land Protection Act 1994 insert—
"(ab) if he or she believes on reasonable grounds
that a restricted pest animal may be on the
land; or".
s. 9
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(2) After section 82(5) of the Catchment and Land
Protection Act 1994 insert—
"(6) Subsection (5) does not apply if the
authorised officer has given a copy of an
authorisation to the occupier of the land in
accordance with section 83F.".
12 Further seizure powers
(1) In section 83A of the Catchment and Land
Protection Act 1994, after "the regulations"
(wherever occurring) insert "or a related Act or
the regulations made under that Act for the
purposes of which the officer is appointed".
(2) At the end of section 83A of the Catchment and
Land Protection Act 1994 insert—
"(2) In this section related Act means the
Fisheries Act 1995, the Flora and Fauna
Guarantee Act 1988 or the Wildlife Act
1975.".
13 Authorised officer may have assistance
At the end of section 83F of the Catchment and
Land Protection Act 1994 insert—
"(2) An authorised officer may authorise a person
to enter land under section 82 for the purpose
of assisting the officer to take action under
section 79 without the authorised officer
being present at all times during the
rendering of that assistance.
(3) A person assisting an authorised officer must
not enter or remain on land under subsection
(2) without an authorised officer unless the
authorised officer who authorised the person
under subsection (2)—
(a) gives a signed authorisation to the
person; and
s. 12
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(b) gives a copy of the authorisation to the
occupier of the land prior to the initial
entry of the land by the authorised
officer and the person assisting that
officer.
(4) An authorisation under subsection (3) must
state—
(a) the purpose of the entry;
(b) the work to be carried out on the land
by the person assisting the authorised
officer;
(c) the date by which the work is to be
completed;
(d) that the person assisting the authorised
officer may re-enter the land between
the initial entry and the date specified
in paragraph (c) for the purposes of
carrying out the work referred to in
paragraph (b); and
(e) the contact details of an authorised
officer.
(5) A person authorised to assist an authorised
officer under subsection (2)—
(a) must carry the authorisation under
subsection (3) at all times while on the
land;
(b) must be accompanied by the authorised
officer at the initial entry of the land;
(c) in carrying out the work specified in
subsection (4), may re-enter the land
after the initial entry at reasonable
times;
(d) may not enter the land after the date
specified in subsection (4)(c).".
s. 13
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14 Retention notices
In section 83L(1) of the Catchment and Land
Protection Act 1994, after "Division" insert
"2 or".
__________________
s. 14
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10
PART 3—AMENDMENTS TO THE LIVESTOCK DISEASE
CONTROL ACT 1994
15 Definitions
(1) Insert the following definitions in section 3(1) of
the Livestock Disease Control Act 1994—
"emergency has the same meaning as in section
4(1) of the Emergency Management Act
1986;
property identification code has the meaning set
out in section 9B;
vendor declaration means—
(a) a declaration made in a form approved
by the Secretary in relation to the
movement of livestock; or
(b) any other form of declaration made in
relation to the movement of livestock
that contains the same particulars that
are contained in the declaration referred
to in paragraph (a) including—
(i) the property identification code
that identifies the property from
which the livestock was
dispatched; and
(ii) the date of dispatch of the
livestock; and
(iii) the number of livestock being
dispatched; and
(iv) the name and signature of the
person making the declaration;
and
(v) the date the declaration is made;
and
s. 15
See:
Act No.
115/1994.
Reprint No. 5
as at
10 March
2005
and
amending
Act Nos
108/2004,
32/2006,
80/2006,
7/2007,
84/2008,
35/2009 and
68/2009.
LawToday:
www.
legislation.
vic.gov.au
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(vi) the intended destination of the
livestock.".
(2) In section 3(1) of the Livestock Disease Control
Act 1994, the definition of pig is repealed.
16 Governor in Council may make Orders
(1) In section 6(3A) of the Livestock Disease
Control Act 1994, after "species of livestock"
insert "(including diseased livestock)".
(2) In section 6(3B) of the Livestock Disease
Control Act 1994, for "section (3A)" substitute
"subsection (3A)".
17 New sections 7A and 7B inserted
After section 7 of the Livestock Disease Control
Act 1994 insert—
"7A Minister may declare unusual
circumstances of disease or death in
livestock
(1) For the purposes of section 7B, the Minister
may by instrument declare unusual
circumstances of disease in livestock or
unusual circumstances of the death of
livestock including circumstances relating to
the following—
(a) a class of livestock;
(b) the numbers of affected livestock;
(c) the symptoms of affected livestock;
(d) environmental factors;
(e) geographical factors.
(2) A declaration under this section may specify
the period during which the declaration is to
remain in force, which may be no longer
than 3 months after the declaration is made.
s. 16
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(3) The Minister must ensure that notice of a
declaration under this section is published in
the Government Gazette as soon as is
practicable after it is made.
7B Notification of unusual circumstances of
disease or death in livestock
A person must notify an inspector in the
prescribed manner of any unusual
circumstances relating to livestock to which
a declaration under section 7A applies within
14 days after becoming aware of the unusual
circumstances if the livestock—
(a) is owned by that person or in the
possession, control or charge of that
person; or
(b) on land owned or occupied by that
person; or
(c) dealt with by that person as—
(i) a veterinary practitioner, inspector
under the Meat Industry Act
1993 or the Export Control Act
1982 of the Commonwealth;
(ii) an operator of a meat processing
facility licensed under the Meat
Industry Act 1993 where a
quality assurance program is in
force;
(iii) the owner or person in charge of
premises registered as a diagnostic
veterinary laboratory;
(iv) a knacker, stock agent or other
person dealing with livestock by
way of a profession, trade or
business.
Penalty: 60 penalty units.".
s. 17
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18 New section 8A inserted
After section 8 of the Livestock Disease Control
Act 1994 insert—
"8A Requirement for vendor declaration when
livestock sold or transported etc.
(1) An owner of cattle or prescribed livestock or
livestock of a prescribed species or class who
sells or gives away, or dispatches for sale at
saleyards, slaughter at an abattoir or disposal
other than at a knackery, the cattle or
livestock and who accompanies the cattle or
livestock to their destination, must give to
the buyer or receiver of the cattle or
livestock or his or her agent or the livestock
agent taking delivery of the cattle or
livestock, a vendor declaration relating to the
cattle or livestock on delivery of the cattle or
livestock.
Penalty: 60 penalty units.
(2) An owner of cattle or prescribed livestock or
livestock of a prescribed species or class who
sells or gives away, or dispatches for sale at
saleyards, slaughter at an abattoir or disposal
other than at a knackery, the cattle or
livestock and who does not accompany the
cattle or livestock to their destination, must
give to the person transporting the cattle or
livestock, a vendor declaration relating to the
cattle or livestock.
Penalty: 60 penalty units.
(3) A person transporting cattle or prescribed
livestock or livestock of a prescribed species
or class in the circumstances set out in
subsection (2) must—
s. 18
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(a) ensure that a vendor declaration
relating to the cattle or livestock
accompanies the cattle or livestock at
all times; and
(b) give, to the buyer or receiver of the
cattle or livestock or the buyer's agent
or the livestock agent taking delivery of
the cattle or livestock, the vendor
declaration on delivery of the cattle or
livestock.
Penalty: 60 penalty units.
(4) A livestock agent, who is given a vendor
declaration relating to cattle or livestock in
the circumstances set out in subsection (1)
or (3), must immediately give the vendor
declaration to the buyer or receiver of the
cattle or livestock or the buyer's agent.
Penalty: 60 penalty units.
(5) An owner of cattle or livestock who gives a
vendor declaration to a person under this
section must keep a copy of the declaration
for 3 years after the date the declaration is
made.
Penalty: 10 penalty units.
(6) A person who is given a vendor declaration
under this section must keep the declaration
for 3 years after the date the declaration is
made.
Penalty: 10 penalty units.".
19 Identification of livestock
In section 9 of the Livestock Disease Control
Act 1994, after "prescribed livestock" (wherever
occurring) insert "or livestock of a prescribed
species or class".
s. 19
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20 Permanent identification of livestock
(1) For section 9A(1)(d) of the Livestock Disease
Control Act 1994 substitute—
"(d) has a property identification code allocated
by the Secretary under section 9B; and".
(2) In section 9A(3) of the Livestock Disease
Control Act 1994, before "identification" insert
"property".
21 Section 9B substituted
For section 9B of the Livestock Disease Control
Act 1994 substitute—
"9B Property identification codes
(1) A person who owns any cattle or prescribed
livestock or any livestock of a prescribed
species or class must apply to the Secretary
for the allocation of a code that identifies the
property at which the cattle or livestock is to
be kept.
Penalty: 60 penalty units.
(2) A person who carries on a livestock business
must apply to the Secretary for the allocation
of a code that identifies the place at which
the person carries on that business.
Penalty: 60 penalty units.
(3) An application under this section must—
(a) be made in the prescribed manner; and
(b) contain the prescribed information; and
(c) be accompanied by the fee (if any)
fixed by the Minister.
(4) The Secretary must allocate, to a person who
has applied in accordance with this section, a
code identifying—
s. 20
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(a) the property at which cattle or
prescribed livestock or any livestock of
a prescribed species or class are kept;
or
(b) the place at which a livestock business
is carried out.
(5) A code allocated under subsection (4)
(a property identification code) remains in
force for any period that is specified by the
Secretary with respect to the property
identification code unless earlier cancelled
by the Secretary.
(6) A person who has been allocated with a
property identification code under this
section must advise the Secretary in writing
of any change in the information given in the
application for the code within 28 days after
the change.
Penalty: 5 penalty units.
(7) In this section—
code includes any configuration of numbers
or letters or a combination of both
numbers and letters;
livestock business means any of the
following businesses—
(a) operating a saleyard;
(b) operating as a scale operator;
(c) operating a knackery;
(d) operating an abattoir;
(e) any other prescribed class of
business.
s. 21
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9BA Cancellation of property identification
code
(1) The Secretary may cancel a property
identification code allocated under
section 9B in any of the following
circumstances—
(a) if a livestock business has ceased
trading at a place in respect of which a
property identification code was
allocated;
(b) if there are no longer any livestock
being kept at a property in respect of
which a property identification code
was allocated;
(c) if more than one property identification
code has been allocated in respect of
the same property and it is no longer
appropriate that there be more than one
property identification code allocated in
respect of the property;
(d) if it is necessary to change the
configuration of the numbers and letters
in the property identification code.
(2) If a property identification code is cancelled
under this section, the Secretary must give a
written notice by post to the person who
applied for the property identification code at
the last known address of the person, which
states—
(a) that the property identification code has
been cancelled; and
(b) the reason for the cancellation; and
s. 21
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(c) except in the case of a cancellation
under subsection (1)(d), that the person
may apply to the Secretary for a review
of the decision to cancel the property
identification code in accordance with
the requirements set out in
section 9BB(2).
(3) A cancellation of a property identification
code under this section takes effect from the
earlier of—
(a) the end of the period within which a
person may apply for a review of the
decision under section 9BB; or
(b) the day the decision is affirmed by the
Secretary under section 9BB.
9BB Review of cancellation of property
identification code
(1) If a decision is made under section
9BA(1)(a), (1)(b) or (1)(c) to cancel a
property identification code, the person who
applied for that property identification code
may apply to the Secretary for a review of
the decision.
(2) An application must—
(a) be in writing and include the reasons as
to why the property identification code
should not be cancelled; and
(b) be made within 28 days after the person
receives written notice of the
cancellation under section 9BA(2).
(3) The Secretary must take into account the
reasons included in the application when
reviewing a decision under this section.
s. 21
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(4) The Secretary must determine whether to
affirm or set aside a decision to cancel a
property identification code within 28 days
after receiving an application under this
section.
(5) The Secretary must, without delay, give an
applicant under this section written notice of
any determination made under this section.
(6) If the decision to cancel a property
identification code under section 9BA was
made by a person on behalf of the Secretary,
any review of that decision under this section
must not be made by that person.
9BC Offence to use property identification code
no longer in force
A person must not use a property
identification code that is no longer in
force—
(a) in relation to the identification of cattle
or prescribed livestock or livestock of a
prescribed species or class; or
(b) in connection with the carrying on of a
livestock business (within the meaning
of section 9B).
Penalty: 10 penalty units.".
22 Requirements for manufacturers of tags and devices
In section 9C(1) of the Livestock Disease
Control Act 1994, before "code" insert "property
identification".
23 Entry of livestock etc.
In section 10(2)(a) of the Livestock Disease
Control Act 1994, for "regulation about"
substitute "requirement prescribed in the
regulations (if any) relating to".
s. 22
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24 Quarantine areas
In section 11(b)(ii) of the Livestock Disease
Control Act 1994 omit "upon which diseased
livestock have been kept or with which diseased
livestock have had contact".
25 Testing for diseases
(1) For section 16(1) of the Livestock Disease
Control Act 1994 substitute—
"(1) A person must not test, analyse or undertake
any diagnostic examination of any sample or
specimen taken from any livestock or
livestock product for the purpose of
determining whether it is infected with any
disease unless—
(a) the test, analysis or examination is
conducted at premises which have been
registered by the Secretary as a
veterinary diagnostic laboratory for the
testing, analysis or examination of
samples or specimens for that disease;
or
(b) the person is a person or of a class of
person approved by the Secretary in a
written determination under section
16A(1) and conducts the test, analysis
or examination by way of a method
approved by the Secretary in that
determination for that class of test,
analysis or examination and in
accordance with any conditions of that
determination.
Penalty: 60 penalty units.".
s. 24
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(2) After section 16(2) of the Livestock Disease
Control Act 1994 insert—
"(2A) A person who submits any sample or
specimen taken from any livestock or
livestock product to a person at premises
registered as a veterinary diagnostic
laboratory under subsection (1) for the
purposes of having the sample or specimen
tested, analysed or diagnostically examined
to determine whether it is infected with any
disease must ensure that the following
information accompanies the sample or
specimen—
(a) the date of submission of the sample or
specimen;
(b) the name and address of the owner of
the livestock or livestock product;
(c) the name and address of the person
submitting the sample or specimen;
(d) the property identification code
identifying the property at which the
livestock is kept;
(e) the species of livestock;
(f) any other prescribed information.
Penalty: 10 penalty units.
(2B) A person who has submitted any sample or
specimen taken from any livestock or
livestock product to another person outside
Victoria for the purpose of having that other
person test, analyse or undertake any
diagnostic examination of the sample or
specimen to determine whether it is infected
with any disease must, if the results of the
testing, analysis or diagnostic examination
include a determination that the livestock or
s. 25
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livestock product is infected with disease,
notify the Secretary in writing of the
following within 7 days after receiving the
results—
(a) the date of submission of the sample or
specimen;
(b) the name and address of the owner of
the livestock or livestock product;
(c) the name and address of the person who
submitted the sample or specimen;
(d) the property identification code
identifying the property at which the
livestock is kept;
(e) the species of livestock;
(f) any other prescribed information.
Penalty: 10 penalty units.".
(3) After section 16(4) of the Livestock Disease
Control Act 1994 insert—
"(4A) Subsection (4) does not apply to a veterinary
diagnostic laboratory declared in a
determination under section 16A(3) to be a
small veterinary diagnostic laboratory.".
26 New section 16A inserted
After section 16 of the Livestock Disease
Control Act 1994 insert—
"16A Secretary may make determinations
relating to testing for diseases
(1) The Secretary, for the purposes of section
16(1)(b), may by written determination—
(a) approve a person or class of person
who may test, analyse or undertake a
diagnostic examination of any sample
or specimen taken from any livestock
s. 26
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or livestock product for the purpose of
determining whether it is infected with
any disease by way of a method
approved under paragraph (b); and
(b) approve a method for conducting a
class of test, analysis or undertaking of
a diagnostic examination referred to in
paragraph (a).
(2) In approving a person or class of person
under subsection (1)(a), the Secretary must
have regard to the qualifications or work
experience of the person or class of person.
(3) The Secretary, for the purposes of section
16(4A), may by written determination
declare a veterinary diagnostic laboratory to
be a small veterinary diagnostic laboratory
having regard to the following criteria—
(a) the number of samples or specimens
taken from livestock or livestock
products tested, analysed or
diagnostically examined by the
laboratory annually;
(b) the types of tests, analysis or diagnostic
examinations performed at the
laboratory;
(c) the qualifications of veterinary
pathologists employed at the laboratory
to carry out tests, analysis or diagnostic
examinations performed at the
laboratory;
(d) any quality assurance programs
established at the laboratory;
(e) the demonstrated mechanisms relating
to notification of diseases in livestock
or livestock products used at the
laboratory.
s. 26
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(4) A determination under this section—
(a) may be unconditional or subject to any
condition specified in the order; and
(b) must be published by notice in the
Government Gazette as soon as is
practicable after it is granted.".
27 Further powers under Orders declaring restricted
or control areas
In section 31(1)(b) of the Livestock Disease
Control Act 1994, after "require livestock" insert
"(whether diseased or not)".
28 Swill feeding of pigs
(1) In section 41(1) of the Livestock Disease Control
Act 1994 omit "placental" (wherever occurring).
(2) In section 41(1)(c) of the Livestock Disease
Control Act 1994—
(a) after "feed" insert "or allow access to,";
(b) for "mammal to" substitute "mammal, to".
29 Honey Bee Compensation and Industry
Development Fund
(1) Insert the following heading to section 66 of the
Livestock Disease Control Act 1994—
"Honey Bee Compensation and Industry
Development Fund".
(2) For section 66(1) of the Livestock Disease
Control Act 1994 substitute—
"(1) There is to be established in the Public
Account, as part of the Trust Fund, an
account known as the Honey Bee
Compensation and Industry Development
Fund.".
s. 27
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30 Payments out of Fund
(1) In section 67(1) of the Livestock Disease Control
Act 1994, for "Bees Compensation Fund"
substitute "Honey Bee Compensation and
Industry Development Fund".
(2) For section 67(2) of the Livestock Disease
Control Act 1994 substitute—
"(2) The Minister may make payments—
(a) for administering the provisions of this
Act relating to bees, from the capital of
the Fund derived from registration fees
paid under section 48;
(b) for programs and projects for the
improvement and development of the
apicultural industry in Victoria, from
the following—
(i) the capital of the Fund derived
from registration fees paid under
section 48 that at any time exceeds
$300 000; and
(ii) the capital of the Fund derived
from annual fees paid under
section 49; and
(iii) the interest earned on any money
in the Fund.".
31 Cattle Compensation Advisory Committee
(1) For section 79(3) of the Livestock Disease
Control Act 1994 substitute—
"(3) The Committee consists of 6 members
appointed by the Minister, of whom—
(a) 3 are to be persons with suitable
qualifications and experience relating to
the cattle industry;
s. 30
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(b) one is to be a person with suitable
qualifications and experience relating to
the livestock agents profession;
(c) one is to be a person with suitable
qualifications and experience relating to
the meat processing industry;
(d) one is to be a person nominated by the
Secretary.
(3A) Subject to subsection (3B), the Minister must
appoint the persons referred to in paragraphs
(a) to (c) of subsection (3), from a list of
persons nominated by prescribed persons or
bodies that represent the industry or
profession relevant to each person to be
appointed.
(3B) If a list of nominated persons from a
prescribed person or body in respect of a
particular industry or profession is not
provided to the Minister under subsection
(3A) within 30 days after a request to do so
by the Minister, the Minister may appoint a
suitably qualified and experienced person as
a member of the Committee.".
(2) For section 79(5) of the Livestock Disease
Control Act 1994 substitute—
"(5) If there is a vacancy in the office of a
member of the Committee, the vacancy must
be filled in accordance with subsections (3A)
and (3B).
(5A) If a member is unable to perform his or her
duties or is absent from duty or there is a
vacancy in the office of a member, the
Minister may appoint, from a list of persons
nominated by a prescribed person or body or
persons or bodies that represent the industry
or profession relevant to the member, a
s. 31
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person to act in the place of that member
during that inability, absence or until the
vacancy is filled or for any other period
specified in the instrument of appointment.
(5B) A person appointed under subsection (5A)
while acting in the place of a member or
during the vacancy in the office of a
member—
(a) may perform all the functions of the
member; and
(b) if the person is not a full-time employee
of the public service, is entitled to
receive the fees and travelling and other
allowances that the member would
have been entitled to under this Act;
and
(c) may resign his or her office in writing
delivered to the Minister; and
(d) is subject to the same terms and
conditions of appointment as the
member for whom he or she is acting.
(5C) The Minister may at any time remove a
member appointed under subsection (5A)
from office.".
32 Interstate sheep and goat producers may apply for
payment from fund in respect of duty paid
(1) In the heading to section 79HA of the Livestock
Disease Control Act 1994, after "sheep" insert
"and goat".
(2) For section 79HA(1) of the Livestock Disease
Control Act 1994 substitute—
"(1) An owner of sheep or goats or the carcases
of sheep or goats that were sold in Victoria
and that were not produced in Victoria may
apply to the Secretary for a payment from
s. 32
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the Sheep and Goat Compensation Fund
equivalent to any duty paid under the Duties
Act 2000 by, or on behalf of, the owner
during a financial year in respect of the sale
of those sheep or goats or carcases.".
(3) For section 79HB(2)(b) of the Livestock Disease
Control Act 1994 substitute—
"(b) the Secretary is satisfied that the application
relates to duty paid under the Duties Act
2000 during the financial year specified in
the application by or on behalf of the
applicant in respect of the sale of sheep or
goats or carcases of sheep or goats that were
owned by the applicant and that were not
produced in Victoria.".
33 Sheep and Goat Compensation Advisory Committee
(1) For section 79I(3) of the Livestock Disease
Control Act 1994 substitute—
"(3) The Committee consists of 8 members
appointed by the Minister, of whom—
(a) 4 are to be persons with suitable
qualifications and experience relating to
the sheep industry;
(b) one is to be a person with suitable
qualifications and experience relating to
the goat industry;
(c) one is to be a person with suitable
qualifications and experience relating to
the livestock agents profession;
(d) one is to be a person with suitable
qualifications and experience relating to
the meat processing industry;
(e) one is to be a person nominated by the
Secretary.
s. 33
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(3A) Subject to subsection (3B), the Minister must
appoint the persons referred to in paragraphs
(a) to (d) of subsection (3), from a list of
persons nominated by prescribed persons or
bodies that represent the industry or
profession relevant to each person to be
appointed.
(3B) If a list of nominated persons from a
prescribed person or body in respect of a
particular industry or profession is not
provided to the Minister under subsection
(3A) within 30 days after a request to do so
by the Minister, the Minister may appoint a
suitably qualified and experienced person as
a member of the Committee."
(2) For section 79I(5) of the Livestock Disease
Control Act 1994 substitute—
"(5) If there is a vacancy in the office of a
member of the Committee, the vacancy must
be filled in accordance with subsections (3A)
and (3B).
(5A) If a member is unable to perform his or her
duties or is absent from duty or there is a
vacancy in the office of a member, the
Minister may appoint, from a list of persons
nominated by a prescribed person or body or
persons or bodies that represent the industry
or profession relevant to the member, a
person to act in the place of that member
during that inability, absence or until the
vacancy is filled or for any other period
specified in the instrument of appointment.
(5B) A person appointed under subsection (5A)
while acting in the place of a member or
during the vacancy in the office of a
member—
s. 33
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(a) may perform all the functions of the
member; and
(b) if the person is not a full-time employee
of the public service, is entitled to
receive the fees and travelling and other
allowances that the member would
have been entitled to under this Act;
and
(c) may resign his or her office in writing
delivered to the Minister; and
(d) is subject to the same terms and
conditions of appointment as the
member for whom he or she is acting.
(5C) The Minister may at any time remove a
member appointed under subsection (5A)
from office.".
34 Payment of duty by approved agents in respect of
cattle
For section 95(7) of the Livestock Disease
Control Act 1994 substitute—
'(7) An approved agent, regardless of whether the
agent purchases cattle, calves or the carcases
of cattle on the agent's own behalf or as an
agent for the purchaser, must issue to the
seller of the cattle, calves or the carcases of
cattle a statement that sets out—
(a) the registration number assigned to the
approved agent; and
(b) the amount of duty paid; and
(c) the expression "Vic. Cattle Duty Paid";
and
(d) any prescribed particulars.
Penalty: 5 penalty units.'.
s. 34
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35 Payment of duty by approved agents in respect of
sheep and goats
For section 95A(7) of the Livestock Disease
Control Act 1994 substitute—
'(7) An approved agent, regardless of whether the
agent purchases sheep, goats or the carcases
of sheep or goats on the agent's own behalf
or as an agent for the purchaser, must issue
to the seller of the sheep, goats or the
carcases of sheep or goats a statement that
sets out—
(a) the registration number assigned to the
approved agent; and
(b) the amount of duty paid; and
(c) the expression "Vic. Sheep and Goat
Duty Paid"; and
(d) any prescribed particulars.
Penalty: 5 penalty units.'.
36 Payment of duty by approved agents in respect of
pigs
For section 95B(7) of the Livestock Disease
Control Act 1994 substitute—
'(7) An approved agent, regardless of whether the
agent purchases pigs or the carcases of pigs
on the agent's own behalf or as an agent for
the purchaser, must issue to the seller of the
pigs or carcases of pigs a statement that sets
out—
(a) the registration number assigned to the
approved agent; and
(b) the amount of duty paid; and
s. 35
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(c) the expression "Vic. Swine Duty Paid";
and
(d) any prescribed particulars.
Penalty: 5 penalty units.'.
37 Delegations by Minister
At the end of section 102 of the Livestock
Disease Control Act 1994 insert—
"(2) Despite subsection (1), the Minister may by
instrument delegate to the chief veterinary
officer of the Department of Primary
Industries, the powers under sections 26
and 29.".
38 Records of notifications etc.
(1) Section 107B(1)(b) of the Livestock Disease
Control Act 1994 is repealed.
(2) In section 107B(1)(c) of the Livestock Disease
Control Act 1994 omit "or numbers" (where
twice occurring).
(3) For section 107B(3)(c) of the Livestock Disease
Control Act 1994 substitute—
"(c) to any person or body if the Secretary is
satisfied that—
(i) it is in the public interest that the
information should be released to that
person or body; or
(ii) it will assist in preventing the spread of
livestock diseases and the monitoring
and controlling of those diseases if the
information is released to that person or
body; or
s. 37
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33
(iii) it will assist in the protection of
domestic or export markets for
livestock and livestock products if the
information is released to that person or
body; or".
(4) In section 107B(4) of the Livestock Disease
Control Act 1994, for "subsection (1)(b), (c), (d),
(e) or (g)" substitute "subsection (1)(c), (d), (e)
or (g)".
(5) After section 107B(4) of the Livestock Disease
Control Act 1994 insert—
"(4A) Records maintained by the Secretary under
subsection (1) may be made available to the
following persons or bodies—
(a) any person employed under Part 3 of
the Public Administration Act 2004 in
the Department of Primary Industries or
the Department of Sustainability and
Environment if the records are required
for the purpose of carrying out the
person's duties involving emergency
planning, preparation, response or
recovery;
(b) an inspector if the records are required
for the purposes of exercising his or her
powers or performing his or her
functions or duties under this Act or the
regulations in relation to diseases;
(c) a general inspector appointed under
section 18(1)(b)(i) of the Prevention of
Cruelty to Animals Act 1986 or a
specialist inspector appointed under
section 18A of that Act who is
employed under Part 3 of the Public
Administration Act 2004 in the
Department of Primary Industries, if the
s. 38
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records are required for the purposes of
exercising his or her powers or
performing his or her functions or
duties under the Prevention of Cruelty
to Animals Act 1986;
(d) an emergency services agency as
defined in section 4(1) of the
Emergency Management Act 1986 if
the records are required for the
purposes of emergency planning,
preparation, response or recovery.
(4B) Records maintained by the Secretary under
subsection (1)(c) may be made available,
subject to any conditions specified by the
Secretary, to any person or body for the
purposes of reuniting livestock with its
owner.".
39 Inspectors
(1) After section 108(2) of the Livestock Disease
Control Act 1994 insert—
"(2AA) The Secretary may, by instrument appoint an
a person, who is appointed as an inspector
under a corresponding law of the
Commonwealth or of another State or a
Territory of the Commonwealth, to be an
inspector for the purposes of all or any of the
provisions of this Act and in respect of all or
any livestock if—
(a) there is an outbreak of a disease other
than an exotic disease; or
(b) in the event of an emergency.".
s. 39
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(2) After section 108(2A) of the Livestock Disease
Control Act 1994 insert—
"(2AB) A person in a class of persons appointed
under subsection (2AA) in the event of an
emergency may perform all of the functions
and exercise all of the powers of an inspector
under Division 3.".
(3) In section 108(3) and (4) of the Livestock Disease
Control Act 1994 for "subsection (1) or (2)(a)"
(wherever occurring) substitute "subsection (1),
(2)(a) or (2AA)".
40 Seized livestock and property
In section 120(1) of the Livestock Disease
Control Act 1994, for "avoid risk to life or
property in connection with" substitute "control,
eradicate or prevent the spread of".
41 Power to serve a notice
In section 126(1) of the Livestock Disease
Control Act 1994, for "9B," substitute
"9B(1), 9B(6),".
42 New section 137A inserted
After section 137 of the Livestock Disease
Control Act 1994 insert—
"137A Offence to make false or misleading
statements
A person must not, in making, keeping or
furnishing any record, return, account or any
other information under this Act—
(a) make a statement that is false or
misleading in a material detail; or
(b) fail to include any material matter in
the record, return, account or
information where the failure causes
s. 40
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the record, return, account or
information to be false or misleading.
Penalty: 10 penalty units.".
43 Regulations
(1) In section 139(1)(a) of the Livestock Disease
Control Act 1994, for "conditions upon which
livestock may be introduced" substitute
"requirements for introducing livestock".
(2) In section 139(1)(bd) of the Livestock Disease
Control Act 1994, after "destruction" insert
", removal".
(3) After section 139(1)(bd) of the Livestock Disease
Control Act 1994 insert—
"(be) regulating the return of used and unused
tags, brands or other devices for identifying
livestock for the purposes of section 9
or 9A;".
(4) After section 139(1)(f) of the Livestock Disease
Control Act 1994 insert—
"(fa) prescribing persons or bodies who may
nominate a person or persons for the
purposes of sections 79 and 79I;".
44 New section 147 inserted
After section 146 of the Livestock Disease
Control Act 1994 insert—
"147 Transitional provision—Primary
Industries Legislation Amendment
Act 2010
Any money which was, immediately before
the commencement of section 29 of the
Primary Industries Legislation
Amendment Act 2010, standing to the credit
of the Fund kept in the Public Account as
part of the Trust Fund and known as the Bees
s. 43
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Compensation Fund is on the
commencement of that section transferred to
the Honey Bee Compensation and Industry
Development Fund.".
45 New section 148 inserted
At the end of Part 10 of the Livestock Disease
Control Act 1994 insert—
"148 Transitional provisions—Primary
Industries Legislation Amendment
Act 2010
(1) The Cattle Compensation Advisory
Committee as constituted immediately
before the commencement of section 31 of
the Primary Industries Legislation
Amendment Act 2010 is abolished, and its
members go out of office, on and from that
commencement.
(2) The Sheep and Goat Compensation Advisory
Committee as constituted immediately
before the commencement of section 33 of
the Primary Industries Legislation
Amendment Act 2010 is abolished, and its
members go out of office, on and from that
commencement.".
46 Amendment to Schedule 1
In clause 1 in Schedule 1 to the Livestock Disease
Control Act 1994, in paragraph (d) of the
definition of Committee, for "Industry" substitute
"Compensation".
__________________
s. 45
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38
PART 4—AMENDMENTS TO THE PRIMARY INDUSTRIES
LEGISLATION AMENDMENT ACT 2009
47 Application for registration
(1) In section 111 of the Primary Industries
Legislation Amendment Act 2009, in proposed
section 4(1A) of the Veterinary Practice Act
1997—
(a) in paragraph (b), for "that registration"
substitute "the practitioner's current annual
registration period for the practitioner's
interstate right to practise";
(b) in paragraph (c), after "registration" insert
"period";
(c) for 'that registration.".' substitute "that
registration period.".
(2) At the end of section 111 of the Primary
Industries Legislation Amendment Act 2009
insert—
'(1B) A veterinary practitioner who—
(a) is a registered veterinary practitioner by
the operation of section 3A; and
(b) is not required to apply for registration
under Part 2—
is not required to pay a fee for registration in
Victoria." '.
48 Application for renewal and refusal to renew
registration
In section 114 of the Primary Industries
Legislation Amendment Act 2009, after
' "registration" ' insert "(where first occurring)".
s. 47
See:
Act No.
35/2009
as amended
by
Act No.
36/2009.
Statute Book:
www.
legislation.
vic.gov.au
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49 New section 20 substituted
In section 118 of the Primary Industries
Legislation Amendment Act 2009, in proposed
section 20(1) of the Veterinary Practice Act
1997, after "conduct of" insert "a person who is,
or was at the time the conduct took place,".
__________________
s. 49
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40
PART 5—AMENDMENTS TO THE VETERINARY PRACTICE
ACT 1997
50 Endorsement of registration as a specialist
practitioner
In section 8(3A) of the Veterinary Practice Act
1997, for "45(2A)(f)" substitute "45(2A)(e)".
51 Requirement to notify the Board of change of
address
(1) In section 19 of the Veterinary Practice Act
1997, for "14 days" substitute "28 days".
(2) At the foot of section 19 of the Veterinary
Practice Act 1997 insert—
"Penalty: 10 penalty units."
52 When complaints about professional conduct are to
be investigated by the Board
In section 21(1) of the Veterinary Practice Act
1997, for "frivolous" substitute "lacking in
substance".
53 Outcome of preliminary investigation
In section 22(1) of the Veterinary Practice Act
1997, for "one" substitute "any one or more".
s. 50
See:
Act No.
58/1997.
Reprint No. 2
as at
22 February
2008
and
amending
Act Nos
35/2009,
69/2009 and
13/2010.
LawToday:
www.
legislation.
vic.gov.au
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41
54 Powers, functions and consultation requirements
For section 62(1)(c) of the Veterinary Practice
Act 1997 substitute—
"(c) to establish competency in veterinary
practice, whether by conducting or arranging
examinations or by other means;".
__________________
s. 54
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No. 48 of 2010
42
PART 6—REPEAL OF AMENDING ACT
55 Repeal of amending Act
This Act is repealed on 30 November 2013.
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. 55
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 24 June 2010
Legislative Council: 29 July 2010
The long title for the Bill for this Act was "A Bill for an Act to amend the
Catchment and Land Protection Act 1994, the Livestock Disease
Control Act 1994, the Primary Industries Legislation Amendment Act
2009 and the Veterinary Practice Act 1997 and for other purposes."
Endnotes
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