Primary Industries Legislation Amendment Act 2009

i Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 4 PART 2—AMENDMENTS TO AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992 5 3 Definitions 5 4 Repeal of sections 43(1) and 44 6 5 New section 52AA inserted 6 52AA Offence to sell contaminated agricultural produce 6 6 Repeal of section 54A 6 7 New section 67A inserted 7 67A Non-compliance with condition of authority an offence 7 8 Repeal of clause 11 of Schedule 1 7 PART 3—AMENDMENTS TO CATCHMENT AND LAND PROTECTION ACT 1994 8 9 Action before recommendation 8 10 New section 69A inserted 9 69A Amendment to Order under section 58 9 11 Entry with consent 10 12 Entry with notice 10 13 Emergency entry 11 14 Section 83K substituted 11 83K Samples 11 15 Offences relating to enforcement 12 16 Conduct by officers, employees or agents 12 17 Persons served with notices to inform Secretary if not land owner 13 18 New section 105 inserted 13 105 Transitional provision—Revocation of declarations under section 58 13 -- 1 of 66 -- Section Page ii PART 4—AMENDMENTS TO DOMESTIC (FERAL AND NUISANCE) ANIMALS ACT 1994 14 19 Section 29 substituted 14 29 Offences and liability relating to dog attacks 14 20 Declaration that a dog is a menacing dog 17 21 Councils to prepare domestic animal management plans 17 22 Section 81 substituted 17 81 Seizure of dog urged or trained to attack or having attacked 17 23 Further power to destroy dogs 18 24 Prosecution of identified persons suspected of committing offences 18 25 Power to serve infringement notice 18 26 New section 104 inserted 19 104 Transitional provision—Primary Industries Legislation Amendment Act 2009 19 PART 5—AMENDMENTS TO FISHERIES ACT 1995 20 Division 1—Amendments to the Fisheries Act 1995 regarding consultation 20 27 New section 3A inserted 20 3A Consultation principles 20 28 Definitions repealed 23 29 Submissions on management plan 23 30 Amendment of management plan 23 31 Changes to licence or permit conditions 23 32 Repeal of section 62 24 33 General quota order provisions 24 34 When abalone quota order takes effect 24 35 Fisheries reserves 24 36 Part 6 repealed 24 37 Commercial Fisheries Licensing Panel 24 38 Licensing Appeals Tribunal 25 39 Immunity provision 25 40 Application—general provisions 25 41 Royalties 25 42 Levy 25 43 Recreational Fishing Licence Trust Account 26 44 Repeal of section 151C 26 45 Fisheries notices 26 46 New section 163B inserted 26 163B Transitional and savings provisions—Primary Industries Legislation Amendment Act 2009 26 -- 2 of 66 -- Section Page iii 47 Compensation Assessment Panel 27 48 Compensation Appeals Tribunal 28 49 Repeal of Schedule 1 28 Division 2—Other amendments to the Fisheries Act 1995 28 50 Definitions and interpretative provisions 28 51 Definition of fish 30 52 New section 11B inserted 30 11B Extraterritorial operation of Act 30 53 Management plans 31 54 Access licences 31 55 Offence to receive or sell fish 32 56 Fish receiver licences 32 57 Aquaculture licences 32 58 Issue of fishery licences 32 59 Offence to fail to comply with licence or permit conditions 33 60 Transfer of licences 33 61 Certain licences may be renewed 34 62 Powers of Secretary to cancel or suspend licences or permits 35 63 New section 58A inserted 37 58A Licences or permits must be returned to Secretary 37 64 Cancelled transferable licences may be transferred 38 65 Offences in relation to size and catch limits 38 66 Forfeiture or return of thing seized or retained 38 67 Offence in relation to property seized or retained 39 68 Sale of fish taken in contravention of this Act or corresponding law 39 69 Section 120B substituted 40 120B Documents to be kept for 3 years 40 70 Evidence of locality 40 71 New section 138A inserted 40 138A Conferral of powers of authorised officers 40 72 Additional provisions applying to royalties and levies 41 73 Regulations 41 74 New section 163A inserted 41 163A Transitional provision—Primary Industries Legislation Amendment Act 2009—References to fish receiver licence 41 75 Regulation-making powers 41 PART 6—AMENDMENTS TO LIVESTOCK DISEASE CONTROL ACT 1994 42 76 Definition of livestock product amended 42 77 New penalty for contravening Order 42 78 Notification of diseases 42 79 Isolation of livestock 42 -- 3 of 66 -- Section Page iv 80 New penalties substituted for offences relating to identification of livestock 43 81 Isolation of livestock 43 82 Testing for diseases 43 83 Entry and exit points 43 84 Permits for activity in restricted area 44 85 Entry and exit from restricted areas 45 86 Permit for activity in control area 46 87 Contravention of importation order 46 88 Duration of importation order 46 89 Substitution of new penalties 47 90 Repeal of Division 4 of Part 4 47 91 New penalty substituted 47 92 New penalties substituted 47 93 Section 54 substituted 47 54 Application of Division 47 94 Payment out of fund 47 95 General powers of inspectors 48 96 New penalty substituted 48 97 New section 115B inserted 48 115B Inspectors powers in this Division are in addition to general powers 48 98 Power of seizure and impoundment 48 99 Seized livestock and property 48 100 Additional offences for which infringement notices may be served 49 101 Penalties to be paid for offences under infringement notices 49 102 New section 132A inserted 49 132A Time for filing certain charges under this Act 49 103 Offences relating to enforcement 49 104 Regulations 50 105 New sections 145 and 146 inserted 50 145 Transitional provision—Primary Industries Legislation Amendment Act 2009 50 146 Transitional provision—Primary Industries Legislation Amendment Act 2009 50 PART 7—AMENDMENTS TO PREVENTION OF CRUELTY TO ANIMALS ACT 1986 51 106 Application of Act 51 107 Setting or using traps 51 108 Statute law revision 51 -- 4 of 66 -- Section Page v PART 8—AMENDMENTS TO VETERINARY PRACTICE ACT 1997 52 109 Definitions 52 110 New sections 3A and 3B inserted 53 3A Deemed general registration 53 3B Deemed specialist endorsement 53 111 Application for registration 54 112 General registration 54 113 Duration and renewal of registration 56 114 Application for renewal and refusal to renew registration 56 115 Registration obtained by fraud 56 116 Permitted disclosure to other registration authorities 56 117 Requirement to notify the Board of change of address 57 118 New section 20 substituted 57 20 Complaints about the conduct of registered veterinary practitioners 57 119 Notifications 58 PART 9—OTHER AMENDMENT AND REPEAL 60 120 Amendment to Impounding of Livestock Act 1994 60 121 Repeal of amending Act 60 ═══════════════ ENDNOTES 61 -- 5 of 66 -- 1 Primary Industries Legislation Amendment Act 2009 † No. 35 of 2009 [Assented to 30 June 2009] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to amend the Agricultural and Veterinary Chemicals (Control of Use) Act 1992— (i) to make changes to definitions relating to maximum residue limits for certain substances; and Victoria -- 6 of 66 -- Part 1—Preliminary Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 2 (ii) to remove the requirement for aerial sprayers to hold approved insurance policies; and (iii) to insert offences for selling contaminated produce and breaching authority conditions; and (iv) to remove the power of entry and inspection with consent; and (b) to amend the Catchment and Land Protection Act 1994 to expand and clarify enforcement powers under that Act; and (c) to amend the Domestic (Feral and Nuisance) Animals Act 1994— (i) to amend provisions of that Act relating to dog attacks; and (ii) to amend the requirements relating to the preparation of domestic animal management plans; and (d) to amend the Fisheries Act 1995— (i) to replace consultative arrangements under that Act; and (ii) to provide for more effective management and protection of fish and protected aquatic biota; and (iii) to improve the administration of that Act; and (e) to amend the Livestock Disease Control Act 1994— (i) to increase penalties for various offences under that Act; and (ii) to clarify and amend certain provisions in that Act relating to disease control; and s. 1 -- 7 of 66 -- Part 1—Preliminary Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 3 (iii) to insert strict liability offences relating to the control of exotic diseases; and (iv) to remove the requirement for chicken hatcheries to be licensed; and (v) to clarify and expand certain powers of inspectors under that Act; and (vi) to provide for additional offences that may be the subject of infringement notices; and (vii) to increase the maximum penalty for offences prescribed under the regulations; and (viii) to make other miscellaneous amendments relating to enforcement under that Act; and (f) to amend the Prevention of Cruelty to Animals Act 1986 to clarify the powers of specialist inspectors under that Act and make minor amendments to that Act; and (g) to amend the Veterinary Practice Act 1997 to allow veterinary practitioners who hold a right to carry on or engage in veterinary practice in another State or a Territory to practise as a veterinary practitioner in Victoria without the need for separate registration in Victoria by deeming them to be registered under that Act; and (h) to amend the Impounding of Livestock Act 1994 to make a minor amendment to that Act. s. 1 -- 8 of 66 -- Part 1—Preliminary Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 4 2 Commencement (1) This Act (except sections 9, 10, 18 and 107 and Division 1 of Part 5 and sections 109 to 119) comes into operation on the day after the day on which it receives the Royal Assent. (2) Division 1 of Part 5 comes into operation on 1 January 2009. (3) Subject to subsection (5), sections 9, 10, 18 and 107 come into operation on a day or days to be proclaimed. (4) Subject to subsection (6), sections 109 to 119 come into operation on a day or days to be proclaimed. (5) If a provision referred to in subsection (3) does not come into operation before 1 December 2009, it comes into operation on that day. (6) If a provision referred to in subsection (4) does not come into operation before 31 December 2008, it comes into operation on that day. __________________ s. 2 -- 9 of 66 -- Part 2—Amendments to Agricultural and Veterinary Chemicals (Control of Use) Act 1992 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 5 PART 2—AMENDMENTS TO AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992 3 Definitions (1) In section 4(1) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert the following definition— "APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth;". (2) In section 4(1) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, in the first definition of contaminated, in paragraph (b), before "at such" insert "if there is no maximum residue limit for that contaminant". (3) In section 4(1) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, for the definition of maximum residue limit substitute— "maximum residue limit, in relation to a substance present in an animal or in agricultural produce, means— (a) the level that is declared under subsection (4) to be the maximum residue limit for that substance in relation to animals or agricultural produce of that type; or s. 3 See: Act No. 46/1992. Reprint No. 4 as at 30 March 2006 and amending Act No. 32/2006. LawToday: www. legislation. vic.gov.au -- 10 of 66 -- Part 2—Amendments to Agricultural and Veterinary Chemicals (Control of Use) Act 1992 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 6 (b) if no maximum residue limit is declared under subsection (4) for that substance, the maximum residue limit specified in an approved standard published by the APVMA in accordance with section 7A of the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth for that substance in relation to animals or agricultural produce of that type;". (4) In section 4(1) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, the definition of approved insurance policy is repealed. 4 Repeal of sections 43(1) and 44 Sections 43(1) and 44 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 are repealed. 5 New section 52AA inserted After section 52 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert— "52AA Offence to sell contaminated agricultural produce A person who produces agricultural produce must not sell or offer to sell that produce if it is contaminated. Penalty: 60 penalty units.". 6 Repeal of section 54A Section 54A of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 is repealed. s. 4 -- 11 of 66 -- Part 2—Amendments to Agricultural and Veterinary Chemicals (Control of Use) Act 1992 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 7 7 New section 67A inserted In Part 9, before section 68 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert— "67A Non-compliance with condition of authority an offence (1) The holder of an authority must comply with any condition on that authority imposed by the chief administrator under clause 3 of Schedule 1. Penalty: 60 penalty units. (2) In this section authority has the same meaning as in clause 1 of Schedule 1.". 8 Repeal of clause 11 of Schedule 1 Clause 11 in Schedule 1 to the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 is repealed. __________________ s. 7 -- 12 of 66 -- Part 3—Amendments to Catchment and Land Protection Act 1994 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 8 PART 3—AMENDMENTS TO CATCHMENT AND LAND PROTECTION ACT 1994 9 Action before recommendation For sections 69(2) and 69(3) of the Catchment and Land Protection Act 1994 substitute— "(2) Before making any of the following recommendations, the Minister must get advice on the proposal from the Council— (a) a recommendation to declare an animal as an established pest animal; (b) a recommendation to revoke a declaration of an animal as an established pest animal; (c) a recommendation to amend an Order under section 58— (i) to declare an animal as an established pest animal; or (ii) to revoke the declaration of an animal as an established pest animal. (3) Before making any of the following recommendations, the Minister must get advice on the proposal from the Council and the Authority of the region in which the declaration applies or will apply— (a) a recommendation to declare a plant as a noxious weed; (b) a recommendation to revoke a declaration of a plant as a noxious weed; s. 9 See: Act No. 52/1994. Reprint No. 4 as at 31 October 2006 and amending Act Nos 4/2008 and 12/2008. LawToday: www. legislation. vic.gov.au -- 13 of 66 -- Part 3—Amendments to Catchment and Land Protection Act 1994 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 9 (c) a recommendation to amend an Order under section 58— (i) to declare a plant as a noxious weed; or (ii) to revoke the declaration of a plant as a noxious weed.". 10 New section 69A inserted After section 69 of the Catchment and Land Protection Act 1994 insert— "69A Amendment to Order under section 58 (1) The Minister may recommend to the Governor in Council that an Order under section 58 should be amended— (a) to declare an additional plant or animal in a classification referred to in section 58(1); or (b) to revoke a declaration of a plant or animal. (2) In making a recommendation for an amendment of an Order under subsection (1)(a), the Minister must be satisfied of the matters set out in this Division as to the declaration of the plant or animal in that particular classification. (3) In making a recommendation for the amendment of an Order under subsection (1)(b), the Minister must be satisfied of either of the matters set out in section 68(1) in respect of the plant or animal. (4) On the Minister's recommendation the Governor in Council, by order published in the Government Gazette, may amend the declaration.". s. 10 -- 14 of 66 -- Part 3—Amendments to Catchment and Land Protection Act 1994 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 10 11 Entry with consent (1) After section 80(2)(b) of the Catchment and Land Protection Act 1994 insert— "(ba) with the consent of the occupier, take photographs (including video recordings) of a thing or things of a particular kind;". (2) After section 80(3)(e) of the Catchment and Land Protection Act 1994 insert— "(ea) that the occupier may refuse to give consent to the taking of photographs (including video recordings) of a thing or things of a particular kind; and". 12 Entry with notice (1) In section 81(1) of the Catchment and Land Protection Act 1994, for "24 hours notice" substitute "the relevant notice". (2) After section 81(1)(a) of the Catchment and Land Protection Act 1994 insert— "(ab) if he or she believes on reasonable grounds that a regionally prohibited weed, regionally controlled weed or established pest animal occurs or is likely to occur in the vicinity of the land; or". (3) After section 81(1) of the Catchment and Land Protection Act 1994 insert— "(1A) For the purposes of subsection (1) the relevant notice is— (a) in the case of an entry under paragraph (ab), 7 days; (b) in any other case, 48 hours.". s. 11 -- 15 of 66 -- Part 3—Amendments to Catchment and Land Protection Act 1994 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 11 (4) After section 81(3)(b) of the Catchment and Land Protection Act 1994 insert— "(ba) with the consent of the occupier, take photographs (including video recordings) of a thing or things of a particular kind;". (5) After section 81(4)(e) of the Catchment and Land Protection Act 1994 insert— "(ea) that the occupier may refuse to give consent to the taking of photographs (including video recordings) of a thing or things of a particular kind; and". 13 Emergency entry After section 82(4)(b) of the Catchment and Land Protection Act 1994 insert— "(ba) take photographs (including video recordings) of a thing or things of a particular kind;". 14 Section 83K substituted For section 83K of the Catchment and Land Protection Act 1994 substitute— "83K Samples (1) If an authorised officer or member of the police force proposes to take a sample, he or she must— (a) advise the owner, if possible before taking the sample, that it is taken for the purpose of analysis; and (b) advise the owner that he or she may nominate a person to analyse part of the sample; and s. 13 -- 16 of 66 -- Part 3—Amendments to Catchment and Land Protection Act 1994 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 12 (c) forward a part of the sample that is sufficient for analysis— (i) to any person nominated by the owner; and (ii) to a qualified person nominated by the officer or member; and (d) keep part of the sample untouched for future comparison; and (e) unless the sample is a noxious weed, return the remainder of the sample to the person from whom it was taken within 28 days if the sample is not required for the purposes of a proceeding under this Act or the regulations. (2) In this section qualified person has the same meaning as in section 88A(6) of the Conservation, Forests and Lands Act 1987.". 15 Offences relating to enforcement For section 84(1)(a) of the Catchment and Land Protection Act 1994 substitute— "(a) obstruct, hinder, threaten, abuse, insult, intimidate or attempt to obstruct or intimidate an authorised officer in exercising his or her powers under this Act or the regulations; or". 16 Conduct by officers, employees or agents After section 84A(3) of the Catchment and Land Protection Act 1994 insert— "(4) In this section officer has the same meaning as officer of a corporation has in section 9 of the Corporations Act.". s. 15 -- 17 of 66 -- Part 3—Amendments to Catchment and Land Protection Act 1994 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 13 17 Persons served with notices to inform Secretary if not land owner In section 85A of the Catchment and Land Protection Act 1994 omit "or occupier" (wherever occurring). 18 New section 105 inserted After section 104 of the Catchment and Land Protection Act 1994 insert— "105 Transitional provision—Revocation of declarations under section 58 On the commencement of section 18 of the Primary Industries Legislation Amendment Act 2009, all declarations of plants or animals under section 58 in force immediately before that commencement are revoked.". __________________ s. 17 -- 18 of 66 -- Part 4—Amendments to Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 14 PART 4—AMENDMENTS TO DOMESTIC (FERAL AND NUISANCE) ANIMALS ACT 1994 19 Section 29 substituted For section 29 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute— "29 Offences and liability relating to dog attacks (1) If a dangerous dog, that is not a guard dog guarding non-residential premises, attacks or bites any person or animal, the person in apparent control of the dog at the time of the attack or biting, whether or not the owner of the dog, is guilty of an offence and liable to a term of imprisonment not exceeding 6 months or to a fine not exceeding 120 penalty units. (2) If a dangerous dog, that is not a guard dog guarding non-residential premises, attacks or bites any person or animal, the owner of the dog, if not liable for the offence under subsection (1), is guilty of an offence and liable to a term of imprisonment not exceeding 6 months or to a fine not exceeding 120 penalty units. (3) If a dog that is not a dangerous dog, attacks or bites any person or animal and causes death or a serious injury to the person or animal, the person in apparent control of the dog at the time of the attack or biting, whether or not the owner of the dog, is guilty of an offence and liable to a penalty not exceeding 20 penalty units. s. 19 See: Act No. 81/1994. Reprint No. 3 as at 1 December 2005 and amending Act Nos 69/2004, 50/2005, 76/2005, 32/2006, 80/2006, 65/2007 and 44/2008. LawToday: www. legislation. vic.gov.au -- 19 of 66 -- Part 4—Amendments to Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 15 (4) If a dog that is not a dangerous dog, attacks or bites any person or animal and causes death or a serious injury to the person or animal, the owner of the dog, if not liable for the offence under subsection (3), is guilty of an offence and liable to a penalty not exceeding 20 penalty units. (5) If a dog that is not a dangerous dog, attacks or bites any person or animal and the injuries caused by the dog to the person or animal are not in the nature of a serious injury, the person in apparent control of the dog at the time of the attack or biting, whether or not the owner of the dog, is guilty of an offence and liable to a penalty not exceeding 10 penalty units. (6) If a dog that is not a dangerous dog, attacks or bites any person or animal and the injuries caused by the dog to the person or animal are not in the nature of a serious injury, the owner of the dog, if not liable for the offence under subsection (5), is guilty of an offence and liable to a penalty not exceeding 10 penalty units. (7) If a dog rushes at or chases any person, the person in apparent control of the dog at the time the dog rushed at or chased the first- mentioned person, whether or not the owner of the dog, is guilty of an offence and liable to a penalty of not more than 4 penalty units. (8) If a dog rushes at or chases any person, the owner of the dog, if not liable for the offence under subsection (7), is guilty of an offence and liable to a penalty of not more than 4 penalty units. s. 19 -- 20 of 66 -- Part 4—Amendments to Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 16 (9) In any proceeding for an offence under this section, it is a defence to that offence if the incident occurred because— (a) the dog was being teased, abused or assaulted; or (b) a person was trespassing on the premises on which the dog was kept; or (c) another animal was on the premises on which the dog was kept; or (d) a person known to the dog was being attacked in front of the dog. (10) In any proceeding for an offence under subsection (3), (4), (5), (6), (7) or (8), it is a defence to that offence if the incident occurred as part of a hunt in which the dog was taking part and which was conducted in accordance with the Prevention of Cruelty to Animals Act 1986. (11) If a person is found guilty of an offence under this section with respect to a dog the court may, in addition to any other order made by the court, order that the person pay compensation for any damage caused by the conduct of the dog. (12) If a person is found guilty of an offence under this section with respect to a dog, the court may order that the dog be destroyed by an authorised officer of the Council of the municipal district in which the offence occurred.". s. 19 -- 21 of 66 -- Part 4—Amendments to Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 17 20 Declaration that a dog is a menacing dog For section 41A(5) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute— "(5) If a person is found guilty of an offence under section 29(7) or 29(8) with respect to a dog, the court may order the Council to declare the dog to be a menacing dog under subsection (1).". 21 Councils to prepare domestic animal management plans In section 68A(1) of the Domestic (Feral and Nuisance) Animals Act 1994, for "3 year" substitute "4 year". 22 Section 81 substituted For section 81 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute— "81 Seizure of dog urged or trained to attack or having attacked (1) An authorised officer of a Council may seize a dog that is in the municipal district of that Council if— (a) the owner has been found guilty of an offence under section 28 or 28A with respect to that dog; or (b) the authorised officer reasonably suspects that the owner has committed an offence under section 28 or 28A with respect to that dog. (2) An authorised officer of a Council may seize a dog that is in the municipal district of that Council if— (a) a person has been found guilty of an offence under section 29 with respect to that dog; or s. 20 -- 22 of 66 -- Part 4—Amendments to Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 18 (b) the authorised officer reasonably suspects that a person has committed an offence under section 29 with respect to that dog.". 23 Further power to destroy dogs In section 84P of the Domestic (Feral and Nuisance) Animals Act 1994— (a) in paragraph (e), for "dog." substitute "dog; or"; (b) after paragraph (e) insert— "(f) a person other than the dog's owner has been found guilty of an offence under section 29 with respect to the dog.". 24 Prosecution of identified persons suspected of committing offences (1) In the heading to section 84Q of the Domestic (Feral and Nuisance) Animals Act 1994, for "animal owners" substitute "persons". (2) In section 84Q(1) of the Domestic (Feral and Nuisance) Animals Act 1994— (a) for "an owner of a dog or cat seized under this Part" substitute "a person"; (b) for "that animal" substitute "a dog or cat seized under this Part"; (c) for "the owner" (where twice occurring) substitute "the person". 25 Power to serve infringement notice In Column 2 of the Table in section 85(1) of the Domestic (Feral and Nuisance) Animals Act 1994, for "29(3), 29(4)" (where twice occurring) substitute "29(5), 29(7)". s. 23 -- 23 of 66 -- Part 4—Amendments to Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 19 26 New section 104 inserted After section 103 of the Domestic (Feral and Nuisance) Animals Act 1994 insert— "104 Transitional provision—Primary Industries Legislation Amendment Act 2009 Despite the commencement of section 21 of the Primary Industries Legislation Amendment Act 2009, section 68A(1) as in force immediately before that commencement continues to apply to the preparation by a Council of its first domestic animal management plan.". __________________ s. 26 -- 24 of 66 -- Part 5—Amendments to Fisheries Act 1995 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 20 PART 5—AMENDMENTS TO FISHERIES ACT 1995 Division 1—Amendments to the Fisheries Act 1995 regarding consultation 27 New section 3A inserted After section 3 of the Fisheries Act 1995 insert— "3A Consultation principles (1) To the extent that it is practicable, the following consultation principles apply to decisions made by the Minister or Secretary under this Act, which affect the use and conservation of Victoria's fisheries resources— (a) the purpose of consultation and any consultation process should be clear, open, timely and transparent; (b) the level of consultation should reflect the likely impact of decisions on persons and fisheries resources; (c) the consultation process should be adequately resourced; (d) the consultation process should be flexible and designed to take into account the number and type of persons to be consulted and their ability to contribute to the process; (e) the consultation process should involve consideration of representative advice which represents the views and values of the persons represented; s. 27 See: Act No. 92/1995. Reprint No. 5 as at 1 July 2006 and amending Act Nos 16/2004, 87/2005, 80/2006 and 51/2007. LawToday: www. legislation. vic.gov.au -- 25 of 66 -- Part 5—Amendments to Fisheries Act 1995 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 21 (f) representative advice in relation to the following persons or groups should be considered during any consultation process— (i) recreational fishers; (ii) commercial fishers; (iii) aquaculture operators; (iv) conservation groups; (v) indigenous groups; (g) the consultation process should consider expert advice, which should be obtained from the most appropriate provider; (h) any expert advice obtained during the consultation process should be made available to persons participating in the consultation process. (2) Without limiting the generality of subsection (1), for the purposes of that subsection, the following decisions are taken to affect the use and conservation of Victoria's fisheries resources— (a) a decision by the Minister to declare or amend a management plan under Part 3; (b) a decision by the Secretary to vary a class of fishery licence under section 54(1)(c); (c) a decision under section 54(1)(d) by the Secretary to vary or revoke a condition imposed by the Secretary, or to impose a new condition, on a class of fishery licence; s. 27 -- 26 of 66 -- Part 5—Amendments to Fisheries Act 1995 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 22 (d) a decision by the Minister to give, revoke or amend a direction on matters relating to the management of fisheries or zones in a fishery under section 61; (e) a decision by the Minister to make, revoke or amend a quota order in relation to a fishery under section 64, 64A, 66C or 66D; (f) a decision by the Minister to make, revoke or amend an order declaring sub-zones in a quota fishery under section 64AB or 66E; (g) a decision by the Minister to appoint a person as a member of the Commercial Fisheries Licensing Panel under section 132(2)(c) or 132(2)(d); (h) a decision by the Minister to nominate a person to be appointed as a member of the Licensing Appeals Tribunal under section 135(2); (i) decisions relating to the making and content of regulations in respect of royalties and levies imposed in accordance with sections 150 and 151; (j) decisions by the Minister relating to priorities for the disbursement of funds that may be paid out of the Recreational Fishing Licence Trust Account under section 151B; (k) a decision by the Minister to make a fisheries notice under section 152(1). s. 27 -- 27 of 66 -- Part 5—Amendments to Fisheries Act 1995 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 23 (3) This section does not apply in relation to the following decisions— (a) decisions which are specific to an individual licence or permit, the holder of a licence or permit or a person acting on behalf of a holder of a licence or permit; (b) reviewable decisions within the meaning of section 137. (4) In this section person includes an association or body.". 28 Definitions repealed In section 4(1) of the Fisheries Act 1995 the definitions of consultative body, Fisheries Co-Management Council, fishery committee and recognised peak body are repealed. 29 Submissions on management plan (1) Insert the following heading to section 32 of Fisheries Act 1995— "Submissions on management plan". (2) Sections 32(1)(a) and 32(6) of the Fisheries Act 1995 are repealed. 30 Amendment of management plan In section 33(2) of the Fisheries Act 1995 omit "after consultation with the relevant consultative body". 31 Changes to licence or permit conditions (1) Section 54(3A) of the Fisheries Act 1995 is repealed. (2) In section 54(4) of the Fisheries Act 1995, for "Subsections (3) and (3A) do" substitute "Subsection (3) does". s. 28 -- 28 of 66 -- Part 5—Amendments to Fisheries Act 1995 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 24 32 Repeal of section 62 Section 62 of the Fisheries Act 1995 is repealed. 33 General quota order provisions (1) Section 64B(1) of the Fisheries Act 1995 is repealed. (2) In section 64B(3) of the Fisheries Act 1995, after "An order" insert "under section 64, 64A or 64AB". 34 When abalone quota order takes effect (1) For the heading to section 66F of the Fisheries Act 1995 substitute— "When abalone quota order takes effect". (2) Section 66F(1) of the Fisheries Act 1995 is repealed. (3) In section 66F(2) of the Fisheries Act 1995, after "An order" insert "under section 66C, 66D or 66E". 35 Fisheries reserves Section 88(3)(a) of the Fisheries Act 1995 is repealed. 36 Part 6 repealed Part 6 of the Fisheries Act 1995 is repealed. 37 Commercial Fisheries Licensing Panel (1) In section 132(2)(c) of the Fisheries Act 1995 omit "appointed after consultation with the recognised peak body representing commercial fishing interests". (2) In section 132(2)(d) of the Fisheries Act 1995 omit "appointed after consultation with such persons or bodies as the Minister considers appropriate". s. 32 -- 29 of 66 -- Part 5—Amendments to Fisheries Act 1995 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 25 38 Licensing Appeals Tribunal In section 135(2)(c) of the Fisheries Act 1995 omit "after consultation with the recognised peak body representing commercial fishing interests". 39 Immunity provision In section 142 of the Fisheries Act 1995 omit "a member of the Fisheries Co-Management Council, a member of a fishery committee,". 40 Application—general provisions For section 148(4)(a) of the Fisheries Act 1995 substitute— "(a) undertake consultation as directed by the Secretary;". 41 Royalties Section 150(4) of the Fisheries Act 1995 is repealed. 42 Levy (1) Section 151(4)(bd) of the Fisheries Act 1995 is repealed. (2) For section 151(5) of the Fisheries Act 1995 substitute— "(5) The Minister may, out of the proceeds of a levy of a prescribed class of licence or permit, make a grant to any person or body to which the class of licence or permit relates.". (3) Sections 151(8) to 151(8C) of the Fisheries Act 1995 are repealed. s. 38 -- 30 of 66 -- Part 5—Amendments to Fisheries Act 1995 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 26 43 Recreational Fishing Licence Trust Account In section 151B(3)(b) of the Fisheries Act 1995, for "Fisheries Revenue Allocation Committee established under section 151C" substitute "Account". 44 Repeal of section 151C Section 151C of the Fisheries Act 1995 is repealed. 45 Fisheries notices (1) In section 152(1) of the Fisheries Act 1995 omit ", after consultation with the relevant consultative bodies,". (2) Sections 152(2) and 152(2A) of the Fisheries Act 1995 are repealed. (3) For sections 152(5)(b) and 152(5)(c) of the Fisheries Act 1995 substitute— "(c) must be published in a newspaper circulating in the area affected by the notice;". 46 New section 163B inserted At the end of Part 9 of the Fisheries Act 1995 insert— "163B Transitional and savings provisions— Primary Industries Legislation Amendment Act 2009 (1) On 1 January 2009 the Fisheries Co-Management Council and any fishery committee is abolished and its members go out of office. (2) Despite the repeal of Part 6 by section 36 of the Primary Industries Legislation Amendment Act 2009, section 92 as in force immediately before 1 January 2009 continues to apply in respect of the s. 43 -- 31 of 66 -- Part 5—Amendments to Fisheries Act 1995 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 27 requirement to submit a report to the Minister, but the report needs only to contain the statement described in section 92(2)(c). (3) On 1 January 2009 the Fisheries Revenue Allocation Committee is abolished and its members go out of office. (4) Despite section 39 of the Primary Industries Legislation Amendment Act 2009, section 142 as in force immediately before 1 January 2009 continues to apply to the performance of a function or the exercise of a power under this Act immediately before 1 January 2009 by a member of the Fisheries Co-Management Council or a fishery committee. (5) Despite the amendment made by section 43 of the Primary Industries Legislation Amendment Act 2009 to section 151B(3)(b), there may be paid out of the Recreational Fishing Licence Trust Account any costs and expenses incurred in the administration of the Fisheries Revenue Allocation Committee immediately before 1 January 2009. Note The provisions establishing the Fisheries Co-Management Council, fishery committees and the Fisheries Revenue Allocation Committee were repealed under sections 36 and 44 of the Primary Industries Legislation Amendment Act 2009. These sections and sections 39 and 43 of that Act all commenced on 1 January 2009.". 47 Compensation Assessment Panel In section 184(2)(b) of the Fisheries Act 1995 omit ", nominated by the recognised peak body so declared under section 95(1)(a)". s. 47 -- 32 of 66 -- Part 5—Amendments to Fisheries Act 1995 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 28 48 Compensation Appeals Tribunal In section 190(2)(b) of the Fisheries Act 1995 omit ", nominated by the recognised peak body so declared under section 95(1)(a)". 49 Repeal of Schedule 1 Schedule 1 to the Fisheries Act 1995 is repealed. Division 2—Other amendments to the Fisheries Act 1995 50 Definitions and interpretative provisions (1) Insert the following heading in section 4 the Fisheries Act 1995— "Definitions and interpretative provisions". (2) In section 4(1) of the Fisheries Act 1995 insert the following definition— "carcass means (a) in relation to shark or elephantfish, the body of a shark or elephantfish which is not cut or mutilated in any manner other than to remove the gut and head forward and clear of the posterior gill slit; and (b) in relation to scale fish, the body of a fish which is not cut or mutilated in any manner other than to remove the gut or gills or scale the fish; and (c) in relation to spiny freshwater crayfish, the body of a crayfish which— (i) is not cut in any way other than to remove one or more legs or claws; or (ii) is not mutilated in any way other than the absence of one or more legs or claws;". s. 48 -- 33 of 66 -- Part 5—Amendments to Fisheries Act 1995 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 29 (3) In section 4(1) of the Fisheries Act 1995, in the definition of commercial quantity, after paragraph (b) insert— "(c) in the case of Murray cod— (i) if the Murray cod are in carcass form, 3 times the catch limit for Murray cod or more; or (ii) if the Murray cod are in any other form, 30 kilograms or more (including ice or any other thing that cannot be readily separated from the Murray cod in the form that it is found); (d) in the case of any other priority species, the quantity of fish prescribed in respect of that priority species;". (4) In section 4(1) of the Fisheries Act 1995— (a) in the definition of fish receiver's licence, for "receiver's" substitute "receiver"; (b) in the definition of fishery licence, in paragraph (e), for "receiver's" substitute "receiver". (5) In section 4(1) of the Fisheries Act 1995, in the definition of priority species, in paragraph (a), for "and rock lobster" substitute ", rock lobster or Murray cod". (6) After section 4(11) of the Fisheries Act 1995 insert— '(12) A reference in any subordinate instrument made under this Act or in any other document of any kind to a "fish receiver's licence" or a "fish receivers' licence" is to be read and construed as a reference to a "fish receiver licence" or any derivative thereof so far as it applies to any period on or after the commencement of section 50(4) of the s. 50 -- 34 of 66 -- Part 5—Amendments to Fisheries Act 1995 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 30 Primary Industries Legislation Amendment Act 2009, unless the contrary intention appears.'. 51 Definition of fish In section 5(1)(d) of the Fisheries Act 1995, before "crustaceans" insert "aquatic". 52 New section 11B inserted After section 11A of the Fisheries Act 1995 insert— "11B Extraterritorial operation of Act (1) If— (a) a person does, or omits to do, an act or thing outside, or partly outside, Victoria, which would contravene a provision of this Act; and (b) there is a real and substantial link between doing, or omitting to do, the act or thing and Victoria— that provision applies to the act or thing or the omission as if it had been done, or omitted to be done, wholly within Victoria. (2) Without limiting the generality of subsection (1), there is a real and substantial link with Victoria for the purposes of that subsection if— (a) the conduct relates to a thing or act done or omitted to be done by the person when carrying out fishing activities under a fishery licence held, or purported to be held, by that person; or (b) the conduct relates to the taking of fish from Victorian waters by the person. s. 51 -- 35 of 66 -- Part 5—Amendments to Fisheries Act 1995 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 31 (3) In this section a reference to a contravention of a provision of this Act is to be read as including a reference to the commission of an associated offence.". 53 Management plans After section 28(7)(c) of the Fisheries Act 1995 insert— "(ca) specify that licences of a class of access licence may be issued for a period of up to 5 years;". 54 Access licences (1) For section 38(1)(ba) of the Fisheries Act 1995 substitute— "(ba) possess, process or sell fish of a specified priority species;". (2) For section 38(4) of the Fisheries Act 1995 substitute— "(4) The Secretary, for the purposes of subsection (3), may specify— (a) a period of up to 5 years for an access licence of a specified class of access licence if— (i) there is an Order in Council declaring that access licences of that specified class may be issued for a period of up to 5 years; or (ii) a management plan specifies that access licences of that specified class may be issued for a period of up to 5 years; or (b) in any other case, a period of up to one year. s. 53 -- 36 of 66 -- Part 5—Amendments to Fisheries Act 1995 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 32 (4A) For the purposes of subsection (4), the Governor in Council may, by Order in Council, declare that licences of a class of access licence may be issued for a period of up to 5 years.". 55 Offence to receive or sell fish In section 40(2) of the Fisheries Act 1995, for "receiver's" (where twice occurring) substitute "receiver". 56 Fish receiver licences (1) Insert the following heading to section 41 of the Fisheries Act 1995— "Fish receiver licences". (2) In section 41 of the Fisheries Act 1995— (a) for "receivers' " substitute "receiver"; (b) for "receiver's" (wherever occurring) substitute "receiver". (3) For section 41(1)(c) of the Fisheries Act 1995 substitute— "(c) possess, process or sell any fish of a specified priority species.". 57 Aquaculture licences In section 43(4) of the Fisheries Act 1995, after "store" insert ", process". 58 Issue of fishery licences (1) In sections 51(3C) and 51(3D) of the Fisheries Act 1995, for "Fish Receiver's Licence" substitute "fish receiver licence". s. 55 -- 37 of 66 -- Part 5—Amendments to Fisheries Act 1995 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 33 (2) For section 51(4)(c) of the Fisheries Act 1995 substitute— "(c) the applicant has not satisfied the Secretary that he or she is a fit and proper person to hold the fishery licence; or". 59 Offence to fail to comply with licence or permit conditions In section 53 of the Fisheries Act 1995— (a) in subsection (2)— (i) after "fishery licence" insert "or a permit"; (ii) after "licence" (where secondly and thirdly occurring) insert "or permit"; (b) in subsection (3), after "licence" (wherever occurring) insert "or permit"; (c) in subsection (4)— (i) after "holder of a licence" insert "or a permit"; (ii) after "licence" (where secondly occurring) insert "or permit". 60 Transfer of licences (1) Insert the following heading in section 56 of the Fisheries Act 1995— "Transfer of licences". (2) In section 56(3) of the Fisheries Act 1995 omit "the Secretary is satisfied that". (3) In section 56(3) of the Fisheries Act 1995— (a) in paragraph (a), after "transferee" insert "has satisfied the Secretary that he or she"; (b) in paragraph (b), before "the licence" insert "the Secretary is satisfied that"; s. 59 -- 38 of 66 -- Part 5—Amendments to Fisheries Act 1995 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 34 (c) in paragraph (c), after "holder of the licence," insert "the Secretary is satisfied that"; (d) in paragraph (d), after "holder of a registered financial interest" insert ", the Secretary is satisfied that". 61 Certain licences may be renewed (1) After section 57(1) of the Fisheries Act 1995 insert— "(1A) If an application for renewal of a licence is lodged before the licence expires, the licence continues in operation until the Secretary renews the licence or refuses to renew the licence.". (2) In section 57(4) of the Fisheries Act 1995— (a) for "licence has ceased" substitute "licence has"; (b) in paragraph (a), before "to satisfy" insert "ceased"; (c) for paragraph (b) substitute— "(b) failed to satisfy the Secretary that he or she continues to be a fit and proper person to hold the licence; or"; (d) in paragraph (c), before "to be" insert "ceased". (3) In section 57 of the Fisheries Act 1995— (a) in subsections (1) and (6), for "receiver's" substitute "receiver"; (b) in subsection (13), for "Fish Receiver's Licence" substitute "fish receiver licence". s. 61 -- 39 of 66 -- Part 5—Amendments to Fisheries Act 1995 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 35 (4) After section 57(13) of the Fisheries Act 1995 insert— "(14) The Secretary may refuse to renew a licence under this section because of the commission of an offence of a type referred to in section 128(1) by the holder of the licence despite a court deciding not to suspend or cancel the licence under that section on convicting or finding the holder guilty of that offence.". 62 Powers of Secretary to cancel or suspend licences or permits (1) Insert the following heading to section 58 of the Fisheries Act 1995— "Powers of Secretary to cancel or suspend licences". (2) For sections 58(1) and 58(2) of the Fisheries Act 1995 substitute— "(1) The Secretary may require the holder of a fishery licence to show sufficient cause why the licence should not be cancelled if— (a) the Secretary considers that the holder of the licence— (i) has ceased to be a fit and proper person to hold the licence; or (ii) has ceased to satisfy any relevant eligibility criteria; or (iii) has ceased to be actively, substantially and regularly engaged in the activities authorised by the licence; or (b) the holder of the licence has not paid any fee, royalty or levy that is due in respect of the licence within 14 days of the date that it was due. s. 62 -- 40 of 66 -- Part 5—Amendments to Fisheries Act 1995 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 36 (2) The Secretary may require the holder of a fishery licence to show sufficient cause why the licence should not be suspended if— (a) the Secretary considers that the holder of the licence has ceased to satisfy any relevant eligibility criteria; or (b) the holder of the licence has not paid any fee, royalty or levy that is due in respect of the licence within 14 days of the date that it was due; or (c) any other ground prescribed for the purposes of this subsection applies.". (3) In section 58(3) of the Fisheries Act 1995, after "requirement" insert "to show sufficient cause under subsection (1) or (2)"; (4) In section 58(4) of the Fisheries Act 1995, for "subsection (1)" substitute "subsection (3)". (5) For section 58(5) of the Fisheries Act 1995 substitute— "(5) If the holder of a licence fails to show sufficient cause as required under subsection (1) within the required time, the Secretary may cancel the licence. (6) If the holder of a licence fails to show sufficient cause as required under subsection (2) within the required time, the Secretary may suspend the licence for the period that the Secretary determines. (7) The Secretary may cancel or suspend a licence under this section because of the commission of an offence of a type referred to in section 128(1) by the holder of the licence despite a court deciding not to suspend or cancel the licence under s. 62 -- 41 of 66 -- Part 5—Amendments to Fisheries Act 1995 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 37 section 128 on convicting or finding the holder guilty of that offence. (8) Subsection (1)(a)(i) does not apply to the holder of a recreational fishery licence.". 63 New section 58A inserted After section 58 of the Fisheries Act 1995 insert— "58A Licences or permits must be returned to Secretary (1) The holder of a licence or permit that has been cancelled or suspended under this Act must return the licence or permit to the Secretary within 14 days after the cancellation or suspension comes into effect. Penalty: 10 penalty units. (2) Subsection (1) does not apply to licences cancelled or suspended under section 57(7) or 57(10). (3) The Secretary must, as soon as is practicable after receiving a licence or permit returned under subsection (1), issue the holder of the licence or permit with a notice stating the following things— (a) the category and class of licence or permit and the name of the holder or former holder of the licence or permit; (b) the status of the licence or permit; (c) any rights of the holder of the licence under section 60.". s. 63 -- 42 of 66 -- Part 5—Amendments to Fisheries Act 1995 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 38 64 Cancelled transferable licences may be transferred (1) Insert the following heading to section 60 of the Fisheries Act 1995— "Cancelled transferable licences may be transferred". (2) For section 60(1) of the Fisheries Act 1995 substitute— "(1) This section applies to a licence that is transferable and that has been cancelled by a court or the Secretary except— (a) a licence cancelled under section 57(7); or (b) a licence cancelled by the Secretary in accordance with a direction under section 61.". (3) After section 60(5) of the Fisheries Act 1995 insert— "(6) If during the period of suspension of a licence under subsection (3), the term of that licence expires, the term of the licence is extended until the end of that period.". 65 Offences in relation to size and catch limits In section 68A(2)(b) of the Fisheries Act 1995, for "consigned for sale" substitute "sold". 66 Forfeiture or return of thing seized or retained (1) Insert the following heading to section 106 of the Fisheries Act 1995— "Forfeiture or return of things seized or retained". s. 64 -- 43 of 66 -- Part 5—Amendments to Fisheries Act 1995 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 39 (2) In section 106(5) of the Fisheries Act 1995— (a) after "seized" insert "or subject to a retention notice under section 108A"; (b) after "seizure" insert "or notice"; (c) after "owner" insert "or order cancellation of the retention notice". 67 Offence in relation to property seized or retained (1) Insert the following heading to section 108 of the Fisheries Act 1995— "Offence in relation to property seized or retained". (2) In section 108(1) of the Fisheries Act 1995, after "seized" insert "or subject to a retention notice". 68 Sale of fish taken in contravention of this Act or corresponding law (1) In section 116 of the Fisheries Act 1995 after "taken" (where twice occurring) insert "or otherwise dealt with". (2) After section 116(2) of the Fisheries Act 1995 insert— "(3) In this section otherwise dealt with in relation to fish means any of the following— (a) the hatching, rearing, breeding, displaying or growing of fish; (b) the stocking of fish into waters; (c) the receiving or possession of fish; (d) the transportation of fish; (e) the processing of fish; (f) the sale or any other form of disposal of fish.". s. 67 -- 44 of 66 -- Part 5—Amendments to Fisheries Act 1995 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 40 69 Section 120B substituted For section 120B of the Fisheries Act 1995 substitute— "120B Documents to be kept for 3 years A person must keep any document that he or she is required to keep under this Act for at least 3 years after— (a) in the case of a document containing multiple entries, the date on which he or she inserts the last entry; and (b) in any other case, he or she creates, issues or receives (as the case may be) the document. Penalty: 60 penalty units.". 70 Evidence of locality In section 125(3) of the Fisheries Act 1995, for "Australian Geodetic Datum" substitute "Geocentric Datum of Australia". 71 New section 138A inserted In Division 2 of Part 8, before section 139 of the Fisheries Act 1995 insert— "138A Conferral of powers of authorised officers A fisheries officer within the meaning of the Fisheries Management Act 2007 of South Australia may, within South Australia, exercise or perform any power, authority, function or duty that an authorised officer has under Part 7.". s. 69 -- 45 of 66 -- Part 5—Amendments to Fisheries Act 1995 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 41 72 Additional provisions applying to royalties and levies After section 151A(1)(b) of the Fisheries Act 1995 insert— "(ba) for royalties and levies to be charged on a pro rata basis;". 73 Regulations After section 153(6)(g) of the Fisheries Act 1995 insert— "(ga) for fees to be charged on a pro rata basis; (gb) the manner in which, the period in respect of which, and the date by when, fees are to be paid;". 74 New section 163A inserted After section 163 of the Fisheries Act 1995 insert— "163A Transitional provision—Primary Industries Legislation Amendment Act 2009—References to fish receiver licence No matter, act or thing is affected by the amendments made to this Act by sections 50(4), 50(6), 55, 56(1), 56(2), 58(1) and 61(3) of the Primary Industries Legislation Amendment Act 2009.". 75 Regulation-making powers After clause 3.9 in Schedule 3 to the Fisheries Act 1995 insert— "3.9A Prescribing grounds for the suspension of a licence.". __________________ s. 72 -- 46 of 66 -- Part 6—Amendments to Livestock Disease Control Act 1994 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 42 PART 6—AMENDMENTS TO LIVESTOCK DISEASE CONTROL ACT 1994 76 Definition of livestock product amended In section 3(1) of the Livestock Disease Control Act 1994, in the definition of livestock product, in paragraph (a), for "the portion" substitute "any portion". 77 New penalty for contravening Order For the penalty at the foot of section 6(4) of Livestock Disease Control Act 1994 substitute— "Penalty: 60 penalty units.". 78 Notification of diseases In section 7(1)(b) of the Livestock Disease Control Act 1994, for "and occupied" substitute "or occupied". 79 Isolation of livestock In section 8 of the Livestock Disease Control Act 1994, after "not infected" insert "or not suspected to be infected". s. 76 See: Act No. 115/1994. Reprint No. 5 as at 10 March 2005 and amending Act Nos 108/2004, 32/2006, 80/2006 and 7/2007. LawToday: www. legislation. vic.gov.au -- 47 of 66 -- Part 6—Amendments to Livestock Disease Control Act 1994 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 43 80 New penalties substituted for offences relating to identification of livestock For the penalty at the foot of sections 9, 9A(1), 9A(2), 9B(1), 9C(1), and 9C(2) of the Livestock Disease Control Act 1994 substitute— "Penalty: 60 penalty units.". 81 Isolation of livestock For the penalty at the foot of section 13(3) of the Livestock Disease Control Act 1994 substitute— "Penalty: 120 penalty units.". 82 Testing for diseases (1) In section 16(2) of the Livestock Disease Control Act 1994, for "the other person undertakes" substitute "the first-mentioned person reasonably believes that the other person will undertake". (2) For the penalty at the foot of sections 16(2) and 16(5) of the Livestock Disease Control Act 1994 substitute— "Penalty: 60 penalty units.". 83 Entry and exit points (1) For section 25(2) of the Livestock Disease Control Act 1994 substitute— "(2) The inspector must cause— (a) the notice to be published in a newspaper circulating in the vicinity of the infected place; and (b) a legible copy of the notice to be displayed at the points specified in the notice in such a manner that it can easily be read.". s. 80 -- 48 of 66 -- Part 6—Amendments to Livestock Disease Control Act 1994 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 44 (2) After section 25(3) of the Livestock Disease Control Act 1994 insert— "(4) A person who goes, or moves any other person, livestock, livestock product, fodder, fitting or vehicle, in or out of any land, premises, place or area that is an infected place or in or out of a vehicle that is an infected vehicle, where that person is not liable for an offence under subsection (3) in respect of doing so, is guilty of an offence and liable to a penalty not exceeding 60 penalty units. (5) Subsection (4) does not apply if the person is acting in accordance with a notice issued under subsection (1).". 84 Permits for activity in restricted area After section 27(1) of the Livestock Disease Control Act 1994 insert— "(1A) A person who— (a) causes or permits the movement of any livestock, livestock product, fodder, fittings or vehicle specified in an order under section 26 into, within or from, any land, premises, place or area declared to be a restricted area under that order; or (b) causes or permits the movement of any vehicle carrying, or of a type normally used for the carrying of, any livestock, livestock product, fodder or fittings specified in an order under section 26 into, within or from, any land, premises, place or area declared to be a restricted area under that order; or s. 84 -- 49 of 66 -- Part 6—Amendments to Livestock Disease Control Act 1994 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 45 (c) contravenes any prohibition, restriction or requirement specified in an order under section 26 declaring any land, premises, place or area to be a restricted area— where that person is not liable for an offence under subsection (1) in respect of doing so, is guilty of an offence and liable to a penalty not exceeding 60 penalty units. (1B) Subsection (1A) does not apply if the person is acting under a permit issued by an inspector and the person complies with any conditions set out in the permit.". 85 Entry and exit from restricted areas After section 28(3) of the Livestock Disease Control Act 1994 insert— "(4) A person who moves any livestock, livestock product, fodder, fitting or vehicle into or out of a restricted area in contravention of a notice under subsection (1) where— (a) the livestock, livestock product, fodder, fitting or vehicle is specified, or is of a class or description specified, in the order declaring the restricted area; and (b) the notice applies to that livestock, livestock product, fodder, fitting or vehicle; and (c) the person is not liable for an offence under subsection (3) in respect of the movement of the livestock, livestock product, fodder, fitting or vehicle— is guilty of an offence and liable to a penalty not exceeding 60 penalty units.". s. 85 -- 50 of 66 -- Part 6—Amendments to Livestock Disease Control Act 1994 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 46 86 Permit for activity in control area After section 30(1) of the Livestock Disease Control Act 1994 insert— "(1A) A person who contravenes any prohibition, restriction or requirement specified in an order declaring any land, premises, place or area to be a control area, where that person is not liable for an offence under subsection (1) in respect of that contravention, is guilty of an offence and liable to a penalty not exceeding 60 penalty units. (1B) Subsection (1A) does not apply if the person is acting under a permit issued by an inspector and the person complies with any conditions set out in the permit.". 87 Contravention of importation order At the end of section 33 of the Livestock Disease Control Act 1994 insert— "(2) A person who causes, permits or assists any livestock, livestock product, fodder, fitting or vehicle to enter or be imported into Victoria, where— (a) that entry or importation contravenes an importation order under section 32; and (b) that person is not liable for an offence under subsection (1) in respect of that contravention— is guilty of an offence and liable to a penalty not exceeding 60 penalty units.". 88 Duration of importation order In sections 35(1) and 35(2) of the Livestock Disease Control Act 1994, for "30 days" substitute "60 days". s. 86 -- 51 of 66 -- Part 6—Amendments to Livestock Disease Control Act 1994 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 47 89 Substitution of new penalties For the penalty at the foot of sections 41(1), 43(1) and 43(2) of the Livestock Disease Control Act 1994 substitute— "Penalty: 120 penalty units.". 90 Repeal of Division 4 of Part 4 Division 4 of Part 4 of the Livestock Disease Control Act 1994 is repealed. 91 New penalty substituted For the penalty at the foot of section 48(1) of the Livestock Disease Control Act 1994 substitute— "Penalty: 60 penalty units.". 92 New penalties substituted For the penalty at the foot of sections 51(1) and 51(2) of the Livestock Disease Control Act 1994 substitute— "Penalty: 10 penalty units.". 93 Section 54 substituted For section 54 of the Livestock Disease Control Act 1994 substitute— "54 Application of Division This Division only applies to livestock or livestock of a class of livestock declared by order of the Governor in Council to be livestock or livestock of a class to which this Division applies.". 94 Payment out of fund In section 60(a) of the Livestock Disease Control Act 1994, after "remuneration" insert "for normal hours of work". s. 89 -- 52 of 66 -- Part 6—Amendments to Livestock Disease Control Act 1994 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 48 95 General powers of inspectors In section 109(1) of the Livestock Disease Control Act 1994, for "whether this Act is being or has been" substitute "whether this Act, the regulations or any order made under this Act are being or have been". 96 New penalty substituted For the penalty at the foot of section 115A(4) of the Livestock Disease Control Act 1994 substitute— "Penalty: 60 penalty units.". 97 New section 115B inserted In Division 3 of Part 8, before section 116 of the Livestock Disease Control Act 1994 insert— "115B Inspectors powers in this Division are in addition to general powers The powers that an inspector has under this Division in respect of exotic diseases are in addition to the general powers under Division 2 that the inspector may exercise in respect of those diseases.". 98 Power of seizure and impoundment Insert the following heading to section 119 of the Livestock Disease Control Act 1994— "Power of seizure and impoundment". 99 Seized livestock and property After section 120(2) of the Livestock Disease Control Act 1994 insert— "(2A) Before the release of any livestock or thing, the inspector may take any measure he or she considers necessary to eliminate any risk associated with it.". s. 95 -- 53 of 66 -- Part 6—Amendments to Livestock Disease Control Act 1994 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 49 100 Additional offences for which infringement notices may be served In section 126(1) of the Livestock Disease Control Act 1994, for "9, 9A, 9B, 9C, 48(1), 51(1) or (2), 94A, 94B or 96B" substitute "6(4), 9, 9A, 9B, 9C, 48(1), 51(1), 51(2), 94A, 94B, 96B or 115A(4)". 101 Penalties to be paid for offences under infringement notices In section 129 of the Livestock Disease Control Act 1994, for "2 penalty units" substitute "5 penalty units". 102 New section 132A inserted After section 132 of the Livestock Disease Control Act 1994 insert— "132A Time for filing certain charges under this Act Despite anything to the contrary in section 26(4) of the Magistrates' Court Act 1989, proceedings for any offence under section 7(1), 8, 10(1), 12(1), 12(2), 39(1) or 91 may be commenced within the period of three years after the date on which the alleged offence was committed.". 103 Offences relating to enforcement (1) For section 137(1)(a) of the Livestock Disease Control Act 1994 substitute— "(a) obstruct, hinder, threaten, abuse, insult, intimidate or attempt to obstruct or intimidate an inspector exercising his or her powers under this Act or the regulations; or". s. 100 -- 54 of 66 -- Part 6—Amendments to Livestock Disease Control Act 1994 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 50 (2) For the penalty at the foot of section 137(1) of the Livestock Disease Control Act 1994 substitute— "Penalty: 60 penalty units.". 104 Regulations In section 139(2)(g) of the Livestock Disease Control Act 1994, for "10 penalty units" substitute "20 penalty units". 105 New sections 145 and 146 inserted After section 144 of the Livestock Disease Control Act 1994 insert— "145 Transitional provision—Primary Industries Legislation Amendment Act 2009 Section 35(1) as amended by section 88 of the Primary Industries Legislation Amendment Act 2009 does not apply to an importation order under section 32 in force immediately before the commencement of section 88 of that Act. 146 Transitional provision—Primary Industries Legislation Amendment Act 2009 Despite the repeal of section 46 by section 90 of the Primary Industries Legislation Amendment Act 2009, any licence fee paid before the commencement of section 90 of that Act for a licence under section 46 that was in force immediately before that commencement is not refundable to the holder of that licence.". __________________ s. 104 -- 55 of 66 -- Part 7—Amendments to Prevention of Cruelty to Animals Act 1986 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 51 PART 7—AMENDMENTS TO PREVENTION OF CRUELTY TO ANIMALS ACT 1986 106 Application of Act (1) Section 6(1A) of the Prevention of Cruelty to Animals Act 1986 is repealed. (2) After section 6(2) of the Prevention of Cruelty to Animals Act 1986 insert— "(3) For the purpose of determining whether or not subsection (1) or (1B) applies to a particular case, a specialist inspector may exercise a power set out in Part 2A.". 107 Setting or using traps In the penalty at the foot of section 15AB(3) of the Prevention of Cruelty to Animals Act 1986, after "2 years" insert ", in the case of a natural person". 108 Statute law revision In section 24ZB(2) of the Prevention of Cruelty to Animals Act 1986, for "care" substitute "care,". __________________ s. 106 See: Act No. 46/1986. Reprint No. 7 as at 1 December 2005 and amending Act Nos 32/2006 and 65/2007. LawToday: www. legislation. vic.gov.au -- 56 of 66 -- Part 8—Amendments to Veterinary Practice Act 1997 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 52 PART 8—AMENDMENTS TO VETERINARY PRACTICE ACT 1997 109 Definitions (1) In section 3 of the Veterinary Practice Act 1997 insert the following definitions— "interstate right to practise means a right to carry on or engage in veterinary practice in another State or a Territory, being the equivalent of general registration under section 6; interstate veterinary registration authority means a person or body conferred with the function or power under a law of another State or a Territory to confer or grant a right to carry on or engage in veterinary practice in that State or Territory, being the equivalent of registration as a veterinary practitioner under this Act;". (2) In section 3 of the Veterinary Practice Act 1997, for the definition of registered veterinary practitioner substitute— "registered veterinary practitioner means— (a) a person registered under Part 2 (whether or not the registration of that person is general or specific); or (b) a person deemed to be registered by operation of section 3A;". s. 109 See: Act No. 58/1997. Reprint No. 2 as at 22 February 2008. LawToday: www. legislation. vic.gov.au -- 57 of 66 -- Part 8—Amendments to Veterinary Practice Act 1997 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 53 110 New sections 3A and 3B inserted After section 3 of the Veterinary Practice Act 1997 insert— "3A Deemed general registration (1) For the purposes of this Act, a person who holds an interstate right to practise is deemed to be registered under this Act as a veterinary practitioner with general registration. (2) The general registration referred to in subsection (1) is subject to conditions, limitations or restrictions that are the same as those that apply to the person's interstate right to practise. 3B Deemed specialist endorsement For the purposes of this Act, a veterinary practitioner who holds an interstate right to practise that provides (by endorsement or otherwise) that the practitioner is qualified to practise as a veterinary specialist in a branch of veterinary surgery or medicine is deemed— (a) to be a registered veterinary practitioner under this Act with general registration; and (b) to have been granted an endorsement under section 8 on that general registration to the effect that the practitioner is qualified to practise as a veterinary specialist in that branch of veterinary surgery or medicine.". s. 110 -- 58 of 66 -- Part 8—Amendments to Veterinary Practice Act 1997 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 54 111 Application for registration For section 4(1) of the Veterinary Practice Act 1997 substitute— "(1) Subject to subsection (1A), only the following persons may apply for registration as a veterinary practitioner under this Part— (a) a natural person whose principal place of residence is in Victoria; (b) a natural person whose principal place of residence will be in Victoria while practising as a veterinary practitioner. (1A) A veterinary practitioner— (a) who is a registered veterinary practitioner by the operation of section 3A; and (b) whose principal place of residence will be in Victoria after the expiry of that registration; and (c) who intends to carry on veterinary practice after expiry of that registration— must apply for registration in Victoria before the expiry of that registration.". 112 General registration (1) After section 6(1)(a) of the Veterinary Practice Act 1997 insert— "(ab) the Board is satisfied that the applicant's principal place of residence is in Victoria or will be in Victoria while the applicant practises as a veterinary practitioner; and". s. 111 -- 59 of 66 -- Part 8—Amendments to Veterinary Practice Act 1997 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 55 (2) After section 6(1) of the Veterinary Practice Act 1997 insert— "(1A) For the purposes of subsection (1)(ab), the Board must have regard to— (a) whether the applicant's residence in Victoria is the applicant's sole residence; and (b) every place of residence of the applicant in Australia. (1B) Without limiting this Part, the Board must refuse to grant registration as a veterinary practitioner to an applicant if it is satisfied that— (a) the applicant has applied for and been refused an interstate right to practise; and (b) the basis on which the applicant was refused that right has not changed as at the time of the applicant's application under this Act. (1C) Without limiting this Part, the Board must also refuse to grant general registration to an applicant who, under a law of another State or a Territory, has been disqualified from applying, or is not entitled to apply, for a right to carry on or engage in veterinary practice in that State or Territory, being the equivalent of registration as a veterinary practitioner under this Act.". s. 112 -- 60 of 66 -- Part 8—Amendments to Veterinary Practice Act 1997 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 56 113 Duration and renewal of registration After section 11(2) of the Veterinary Practice Act 1997 insert— "(3) This section does not apply to the registration of a veterinary practitioner who is a registered veterinary practitioner by operation of section 3A.". 114 Application for renewal and refusal to renew registration In section 12(1) of the Veterinary Practice Act 1997, after "registration" insert "granted under this Part". 115 Registration obtained by fraud In section 15(1) of the Veterinary Practice Act 1997, after "endorsement of registration" (where first occurring) insert "granted under this Part". 116 Permitted disclosure to other registration authorities (1) After section 16(1) of the Veterinary Practice Act 1997 insert— "(1A) Despite anything to the contrary in this Act, the Board is not required to keep on the register any information relating to a veterinary practitioner who is a registered veterinary practitioner by operation of section 3A.". (2) After section 16(6) of the Veterinary Practice Act 1997 insert— "(7) The Board may give register particulars to an interstate veterinary registration authority for the purposes of enabling that authority to administer or execute the law under which that authority confers or grants a right to carry on or engage in veterinary practice. s. 113 -- 61 of 66 -- Part 8—Amendments to Veterinary Practice Act 1997 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 57 (8) In subsection (7)— register particulars means the particulars included in the register against the name of a veterinary practitioner in accordance with subsection (3).". 117 Requirement to notify the Board of change of address In section 19 of the Veterinary Practice Act 1997, after "registered veterinary practitioner" insert "granted registration under this Part". 118 New section 20 substituted For section 20 of the Veterinary Practice Act 1997 substitute— "20 Complaints about the conduct of registered veterinary practitioners (1) A person may make a complaint to the Board about the professional conduct of a registered veterinary practitioner in Victoria. (2) For the purposes of subsection (1), professional conduct involving the treatment or diagnosis of an animal situated outside Victoria by the registered veterinary practitioner while in Victoria is taken to be professional conduct in Victoria. Example A registered veterinary practitioner who is in Victoria and who, by audio-visual link, makes a diagnosis in relation to an animal in New South Wales is to be taken to be engaging in professional conduct in Victoria. (3) Subsection (2) does not limit what may constitute professional conduct in Victoria.". s. 117 -- 62 of 66 -- Part 8—Amendments to Veterinary Practice Act 1997 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 58 119 Notifications (1) In section 52(1)(f) of the Veterinary Practice Act 1997, for "the veterinary registration authorities in all other States or Territories of the Commonwealth and" substitute "every interstate veterinary registration authority and the veterinary registration authority". (2) After section 52(1) of the Veterinary Practice Act 1997 insert— "(1A) If a determination has been made by a panel— (a) requiring a veterinary practitioner to undergo counselling; or (b) cautioning a veterinary practitioner; or (c) reprimanding a veterinary practitioner; or (d) requiring a veterinary practitioner to give any written undertaking about his or her conduct as a veterinary practitioner that the Board considers appropriate; or (e) requiring a veterinary practitioner to undertake further education or training of the kind stated in the determination, or to successfully complete an examination or assessment conducted by or on behalf of the Board, within the period specified in the determination; or (f) imposing a fine on a veterinary practitioner of not more than $2000; or s. 119 -- 63 of 66 -- Part 8—Amendments to Veterinary Practice Act 1997 Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 59 (g) requiring a veterinary practitioner to pay the reasonable costs of, and incidental to, the hearing— the Board must give notice of the determination to every interstate veterinary registration authority.". (3) In section 52(2) of the Veterinary Practice Act 1997, for "subsection (1)" substitute "subsection (1) or (1A)". __________________ s. 119 -- 64 of 66 -- Part 9—Other Amendment and Repeal Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 60 PART 9—OTHER AMENDMENT AND REPEAL 120 Amendment to Impounding of Livestock Act 1994 In section 34(1)(a) of the Impounding of Livestock Act 1994, for "district;" substitute "district; and". 121 Repeal of amending Act This Act is repealed on 1 December 2010. 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. 120 See: Act No. 89/1994. Reprint No. 2 as at 27 March 2003 and amending Act Nos 12/2004, 69/2004, 28/2007, 65/2007 and 44/2008. LawToday: www. legislation. vic.gov.au -- 65 of 66 -- Primary Industries Legislation Amendment Act 2009 No. 35 of 2009 61 ENDNOTES † Minister's second reading speech— Legislative Assembly: 9 October 2008 Legislative Council: 13 November 2008 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 Catchment and Land Protection Act 1994, the Domestic (Feral and Nuisance) Animals Act 1994, the Fisheries Act 1995, the Livestock Disease Control Act 1994, the Prevention of Cruelty to Animals Act 1986, the Veterinary Practice Act 1997 and the Impounding of Livestock Act 1994 and for other purposes." Endnotes -- 66 of 66 --