Primary Industries Legislation (Further Miscellaneous Amendments) Act 2004
Victorian Legislation Parliamentary Documents
i
Primary Industries Legislation (Further
Miscellaneous Amendments) Act 2004
Act No. 69/2004
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY MATTERS 1
1. Purposes 1
2. Commencement 2
PART 2—AMENDMENTS TO THE FISHERIES ACT 1995 4
3. Widening of offence concerning the sale of fish 4
4. Insertion of section 98 4
98. References in this Part to offences include associated
Crimes Act offences 4
5. Consequential amendments concerning Crimes Act references 6
6. Changes concerning search warrants 6
7. Insertion of sections 103A and 103B 7
103A. Announcement before entry 7
103B. Details of warrant to be given to occupier 8
8. Insertion of section 104A 9
104A. Magistrates' Court may extend 21 day period 9
9. Changes concerning forfeiture of things seized 10
10. Updating of reference 10
11. Extension of ability to issue retention notices 10
12. Additional authorised offence 11
13. Amendment to heading 11
14. Insertion of sections 118A and 118B 11
118A. Abalone only to be sold in properly labelled packaging 11
118B. Abalone packaging not to be disturbed 12
15. Widening of offence to knowingly make false or misleading
statements 12
16. Insertion of Division 2A into Part 7 13
Division 2A—Offences Concerning Records and the Keeping
of Information 13
120A. Secretary may require details of fish etc. taken or
received 13
120B. Documents to be kept for 3 years 15
120C. Writing to be legible, visible and in English 15
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17. Repeals consequent to section 16 16
18. Insertion of sections 120AA–120AC 16
120AA. Documents detailing sale of certain fish to be created 16
120AB. Documents detailing receipt of certain fish to be
obtained 17
120AC. Possessor of certain quantities of fish to produce
document concerning possession 18
19. Repeal consequent to section 18 19
20. Limitation of exception to secrecy provision 19
21. Insertion of section 147A 19
147A. Use of information contrary to restrictions 19
PART 3—AMENDMENTS TO THE DOMESTIC (FERAL AND
NUISANCE) ANIMALS ACT 1994 21
22. Minister's power to delegate 21
23. Dogs and cats to be registered at 3 months 21
24. Council may declare a dog to be dangerous 21
25. Notification of Council 22
26. Restraint of dangerous dogs when on owner's premises 22
27. Declaration that a dog is a menacing dog 23
28. Notification to Council in relation to menacing dog 23
29. Notifications in relation to restricted breed dogs 23
30. Insertion of Part 3A 24
PART 3A—REGISTER OF DANGEROUS, MENACING
AND RESTRICTED BREED DOGS 24
44AA. Definition of inspect 24
44AB. Secretary must keep register of dangerous, menacing
and restricted breed dogs 24
44AC. Persons who may inspect the register 25
44AD. Offence to inspect etc. information in register 27
44AE. Councils to provide details of dangerous, menacing or
restricted breed dogs to Secretary 27
44AF. Details of dangerous, menacing or restricted breed dogs
to be provided by Councils 29
44AG. Council to provide information about owners of
dangerous, menacing or restricted breed dogs 31
44AH. Secretary may request confirmation of information
provided by Councils 31
44AI. Secretary may contract out management of the register 31
31. Insertion of section 57A 32
57A. Court may cancel or revoke registration 32
32. Additional infringement notice offences 33
33. Offence to sell certain animals outside certain places 33
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34. Power of authorised officers to make declarations as to breed
of dogs 33
35. Regulations 34
36. Insertion of section 103 35
103. Councils must provide existing information relating to
dangerous, menacing and restricted breed dogs 35
PART 4—AMENDMENTS TO THE DAIRY ACT 2000 36
37. Definitions 36
38. Insertion of section 22A 36
22A. Exemptions from licensing requirement 36
39. Application for dairy industry licence 37
40. Licence fees 38
41. Powers of Authority in respect of licences 38
42. Review of decision of Authority 38
43. Insertion of section 71 38
71. Validation of licences paid in instalments 38
PART 5—AMENDMENTS TO THE IMPOUNDING OF
LIVESTOCK ACT 1994 40
44. Purposes 40
45. Insertion of Part 3A 40
PART 3A—LIEN OVER, AND RETENTION AND SALE
OF, AGISTED HORSES 40
24A. Application of Part 40
24B. Person owed money may create lien over horse 40
24C. Extinguishment of lien 41
24D. Right of owner to return of horse 41
24E. Lien holder may dispose of horse if default not rectified 42
24F. Default notice 43
24G. When lien is created 45
24H. Sale of unclaimed horse by lien holder 45
24I. Passing of property on sale of horse 46
24J. Offence to remove or retain custody of horse subject to
lien 46
PART 6—AMENDMENTS TO THE LIVESTOCK DISEASE
CONTROL ACT 1994 48
46. Payments out of fund to interstate sheep producers 48
47. Insertion of sections 79HA and 79HB 48
'79HA. Interstate sheep producers may apply for payment from
fund in respect of duty paid 48
79HB. Secretary may grant or refuse application 49
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PART 7—AMENDMENTS TO THE PREVENTION OF
CRUELTY TO ANIMALS ACT 1986 50
48. Application of Act 50
49. Permits for rodeos and rodeo schools 50
50. Part-time officers of RSPCA may be inspectors 51
51. Powers of inspectors 51
52. Search warrants for premises 51
53. Powers of specialist inspectors 52
PART 8—AMENDMENTS TO OTHER ACTS 53
54. Amendments to the Agricultural and Veterinary Chemicals
(Control of Use) Act 1992 53
55. Substitution of sections 56 and 57 of the Mineral Resources
Development Act 1990 54
56. Who may grant a miner's right 54
57. Grant of miner's right 54
56. Regulation-making power for fees 54
57. Amendments to Conservation, Forests and Lands Act 1987 55
58. Amendments to the Animals Legislation (Animal Welfare) Act
2003 55
59. Amendments to the Confiscation Act 1997 55
60. Amendment to the Crimes (Controlled Operations) Act 2004 56
61. Repeal of the Barley Marketing Act 1993 56
═══════════════
ENDNOTES 57
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Primary Industries Legislation (Further
Miscellaneous Amendments) Act 2004 †
[Assented to 19 October 2004]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY MATTERS
1. Purposes
The main purposes of this Act are—
(a) to amend the Fisheries Act 1995 to
strengthen the enforcement powers under
that Act; and
Victoria
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(b) to amend the Domestic (Feral and
Nuisance) Animals Act 1994 to provide for
the establishment of a register of dangerous
and menacing dogs and dogs that have been
declared to be restricted breed dogs under
that Act; and
(c) to amend the Dairy Act 2000 to provide for
the payment of licence fees by instalments;
and
(d) to amend the Impounding of Livestock Act
1994 to provide for liens over horses in
respect of which agistment fees are owed;
and
(e) to amend the Livestock Disease Control
Act 1994 to provide for the refund of duty
paid by interstate producers of sheep; and
(f) to amend the Prevention of Cruelty to
Animals Act 1986 to make changes in
relation to inspectors' powers; and
(g) to make minor amendments to those Acts
and to the Agricultural and Veterinary
Chemicals (Control of Use) Act 1992, the
Mineral Resources Development Act 1990,
the Conservation, Forests and Lands Act
1987, the Animals Legislation (Animal
Welfare) Act 2003, the Confiscation Act
1997 and the Crimes (Controlled
Operations) Act 2004; and
(h) to repeal the Barley Marketing Act 1993.
2. Commencement
(1) This Act, except sections 14, 18, 19, 30, 32, 35,
36, 37, 38, 39, 40, 41, 42, 43, 49 and 55, comes
into operation on the day after the day on which it
receives the Royal Assent.
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(2) Subject to sub-section (5), sections 14 and 49
come into operation on a day or days to be
proclaimed.
(3) Subject to sub-section (5), sections 18 and 19
come into operation on a day to be proclaimed.
(4) Subject to sub-section (5), sections 30, 35 and 36
come into operation on a day to be proclaimed.
(5) If a provision referred to in sub-section (2), (3)
or (4) does not come into operation before 1 July
2006, it comes into operation on that day.
(6) Subject to sub-section (7), section 32 comes into
operation on a day to be proclaimed.
(7) If section 32 does not come into operation before
1 March 2005, it comes into operation on that day.
(8) Subject to sub-section (11), section 37 comes into
operation on a day to be proclaimed.
(9) Subject to sub-section (11), sections 38 and 42
come into operation on a day to be proclaimed.
(10) Subject to sub-section (11), sections 39, 40, 41
and 43 come into operation on a day to be
proclaimed.
(11) If a provision referred to in sub-section (8), (9)
or (10) does not come into operation before
1 December 2005, it comes into operation on that
day.
(12) Subject to sub-section (13), section 55 comes into
operation on a day to be proclaimed.
(13) If section 55 does not come into operation before
20 December 2005, it comes into operation on that
day.
__________________
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PART 2—AMENDMENTS TO THE FISHERIES ACT 1995
3. Widening of offence concerning the sale of fish
(1) In section 40 of the Fisheries Act 1995—
(a) insert the following heading—
"Offence to receive or sell any fish";
(b) in sub-section (1)(c), for "consign for sale"
substitute "sell".
(2) In section 41(1)(c) of the Fisheries Act 1995, for
"consign for sale" substitute "sell".
4. Insertion of section 98
Before section 99 of the Fisheries Act 1995
insert—
'98. References in this Part to offences include
associated Crimes Act offences
(1) An "associated offence" is—
(a) an offence against section 194 or 195 of
the Crimes Act 1958 where the
proceeds of crime are the proceeds of
an offence under this Act that is also a
forfeiture offence under the
Confiscation Act 1997;
(b) an offence against section 195A of the
Crimes Act 1958 where the instrument
of crime is used to commit an offence
under this Act that is also a forfeiture
offence under the Confiscation
Act 1997;
(c) an offence against one of the following
provisions of the Crimes Act 1958 in
respect of an offence against this Act—
(i) section 321(1) (conspiracy to
commit an offence);
See:
Act No.
92/1995.
Reprint No. 3
as at
16 November
2002
and
amending
Act Nos
80/2000,
17/2002,
40/2002,
24/2003,
56/2003,
97/2003,
108/2003,
16/2004 and
22/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
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(ii) section 321G(1) (incitement);
(iii) section 321M (attempt to commit
indictable offence);
(iv) section 321O(2) (attempt to
commit indictable offence outside
Victoria);
(v) section 325(1) (accessories);
(vi) section 326(1) (concealing
offences for benefit).
(2) A reference in this Part to an offence under,
against, or contrary to, this Act is to be read
as including a reference to an associated
offence.
(3) If this Act authorises an authorised officer or
a member of the police force to exercise a
power for the purpose of ascertaining
whether or not the provisions of this Act are
being observed, the officer or member may
also exercise that power for the purpose of
ascertaining whether or not an associated
offence has been committed.
(4) A reference in this Part to a contravention of
this Act is to be read as including a reference
to the commission of an associated offence.
(5) A reference in this Part to an offence under,
against or contrary to, a particular provision
of this Act is to be read as including a
reference to any associated offence
committed in respect of that provision.'.
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5. Consequential amendments concerning Crimes Act
references
(1) In section 4(1) of the Fisheries Act 1995 insert
the following definition—
' "associated offence" has the meaning set out in
section 98(1);'.
(2) After section 110A(1) of the Fisheries Act 1995
insert—
"(1A) Sub-section (1) also applies to an associated
offence in relation to any offence listed in
sub-section (1).".
(3) After section 128(7) of the Fisheries Act 1995
insert—
"(8) A reference to a breach of a section to which
sub-section (1) applies is to be read as
including a reference to the commission of
an associated offence in relation to a section
to which sub-section (1) applies.".
6. Changes concerning search warrants
(1) In section 103 of the Fisheries Act 1995—
(a) insert the following heading—
"Powers to search land or premises";
(b) in sub-section (1), for "dwelling house"
substitute "land or premises (including a
dwelling house)";
(c) in sub-sections (2)(a), (2)(b), (3)(a), (3)(c)
and (5)(a), for "dwelling house" substitute
"land or premises".
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(2) For section 103(3)(b) of the Fisheries Act 1995
substitute—
"(b) seize any evidence of an offence against any
law or any thing used in connection with
such an offence (including boats, trailers,
aircraft, motor vehicles, non-motorised
vehicles, communications equipment,
viewing or scanning devices, fishing
equipment, diving equipment, processing
equipment, tools, electronic equipment,
office equipment, provisions, materials, fish,
protected aquatic biota, noxious aquatic
species, and documents) found on the land or
premises and anything that the officer or
member believes, on reasonable grounds,
may be evidence of an offence against this
Act, a regulation or a fisheries notice;".
(3) After section 103(5) of the Fisheries Act 1995
insert—
"(6) Nothing in this section is intended to limit
the powers conferred on an authorised
officer or a member of the police force by
any other section of this Act.".
(4) In section 105(2) of the Fisheries Act 1995, for
"provisions and materials" substitute "provisions,
materials, protected aquatic biota, noxious aquatic
species, and documents".
7. Insertion of sections 103A and 103B
After section 103 of the Fisheries Act 1995
insert—
"103A. Announcement before entry
(1) Before executing a search warrant, the
authorised officer or member of the police
force executing the warrant—
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(a) must announce that he or she is
authorised by the warrant to enter the
land or premises; and
(b) must give any person on the land or
premises an opportunity to allow entry
to the land or premises.
(2) The officer or member need not comply with
sub-section (1) if he or she believes, on
reasonable grounds, that immediate entry to
the land or premises is required to ensure—
(a) the safety of any person; or
(b) that the effective execution of the
warrant is not frustrated.
103B. Details of warrant to be given to occupier
(1) If the occupier is present on land or premises
where a search warrant is being executed, the
officer or member must—
(a) identify himself or herself to the
occupier; and
(b) give to the occupier a copy of the
warrant.
(2) If the occupier is not present on the land or
premises where a search warrant is being
executed but another person is present, the
officer or member must—
(a) identify himself or herself to that
person; and
(b) give the person a copy of the warrant.".
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8. Insertion of section 104A
After section 104 of the Fisheries Act 1995
insert—
"104A. Magistrates' Court may extend 21 day
period
(1) An authorised officer or member of the
police force may apply to the Magistrates'
Court within 21 days after seizing a
document for an extension of the 21 day
period referred to in section 104(5).
(2) The Court may order such an extension if it
is satisfied—
(a) that the seizure of the document was
reasonable; and
(b) that the granting of the extension would
not unreasonably prejudice, or cause
unreasonable hardship to, the person
from whom the document was seized;
and
(c) that it is in the public interest to grant
the extension.
(3) The Court may adjourn an application to
enable notice of the application to be given
to any person.
(4) If an application is made under sub-
section (1), it is not necessary for the officer
or member to give or send a copy of the
document under section 104(5) until the day
after the Court refuses the application or the
application is withdrawn or abandoned, or
until the day specified by the Court, as the
case may be.".
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9. Changes concerning forfeiture of things seized
(1) In sections 106(1) and 106(5) of the Fisheries Act
1995, before "use" insert "possession, sale or".
(2) For section 106(5A) of the Fisheries Act 1995
substitute—
"(5A) A court must order the forfeiture of the thing
under sub-section (5) if the person in respect
of whom the court found an offence proven
has previously been convicted or found
guilty on 2 or more occasions of—
(a) an offence involving priority species
under section 36(1), 37(1), 40(1), 67(3),
68A(4B), 68A(5), 68B(1), 111A, 111B,
111C, 114(3), 116(1), 119A, 119B,
130(4), 130A(5) or 130B(6); or
(b) an associated offence in relation to an
offence referred to in paragraph (a).".
10. Updating of reference
In section 106A(1) of the Fisheries Act 1995, for
"inspector" substitute "officer or member".
11. Extension of ability to issue retention notices
(1) For section 108A(1) of the Fisheries Act 1995
substitute—
"(1) This section applies to a thing that an
authorised officer or a member of the police
force—
(a) believes on reasonable grounds has
been taken or used in contravention of
this Act or a corresponding law of
another State or a Territory of the
Commonwealth; or
(b) is entitled to seize under this Act.
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(1A) The officer or member may issue the person
holding or using the thing with a notice
requiring the person to keep the thing in his
or her possession and not to sell or dispose
of the thing.".
(2) In section 108A(2) of the Fisheries Act 1995, for
"sub-section (1)" substitute "sub-section (1A)".
(3) After section 4(7) of the Fisheries Act 1995
insert—
'(7A) A reference to "his or her" is to be read as
including a reference to "its", if the context
permits.'.
12. Additional authorised offence
In section 110A of the Fisheries Act 1995, after
"67, 68A," insert "68B,".
13. Amendment to heading
In the heading to Division 2 of Part 7 of the
Fisheries Act 1995, before "Offences" insert
"General".
14. Insertion of sections 118A and 118B
After section 118 of the Fisheries Act 1995
insert—
"118A. Abalone only to be sold in properly
labelled packaging
A person must not sell any abalone unless
the abalone is packaged and the packaging is
marked or labelled in accordance with
regulations made for the purposes of this
section.
Penalty: 60 penalty units.
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118B. Abalone packaging not to be disturbed
(1) A person must not remove, destroy or render
wholly or partially illegible any mark or
label on any packaging containing abalone if
that mark or label has been placed on the
packaging in accordance with the
regulations.
Penalty: 60 penalty units.
(2) A person must not deface, damage or destroy
any packaging containing abalone.
Penalty: 60 penalty units.
(3) Sub-sections (1) and (2) do not apply to a
person who does anything prohibited by
those sub-sections—
(a) at a place for the purposes of enabling
the abalone to be consumed at that
place; or
(b) with the authority of the Secretary.".
15. Widening of offence to knowingly make false or
misleading statements
In section 119A of the Fisheries Act 1995—
(a) in the heading, omit "in relation to priority
species";
(b) omit "in relation to a priority species".
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16. Insertion of Division 2A into Part 7
After section 120 of the Fisheries Act 1995
insert—
"Division 2A—Offences Concerning Records
and the Keeping of Information
120A. Secretary may require details of fish etc.
taken or received
(1) The Secretary may, by written notice, require
a person to give to the Secretary, or to some
other person or officer specified by the
Secretary, the following details in writing—
(a) whether the person, either as principal
or agent, took, produced or consigned
fish, protected aquatic biota or noxious
aquatic species in any specified period
and, if so—
(i) the quantity of fish, protected
aquatic biota or noxious aquatic
species taken, produced or
consigned in that period;
(ii) the number of people who were
engaged or employed in taking,
producing or consigning those
fish, protected aquatic biota or
noxious aquatic species and the
number of hours those people
were engaged or employed in
carrying out those activities;
(iii) the name and address of each of
those people;
(iv) the equipment and methods used
to take or produce those fish,
protected aquatic biota or noxious
aquatic species;
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(v) the name and address of each
person to whom those fish,
protected aquatic biota or noxious
aquatic species were consigned,
transported or delivered;
(vi) the address of the premises to
which those fish, protected aquatic
biota or noxious aquatic species
were consigned, transported or
delivered;
(b) whether the person, either as principal
or agent, received fish, protected
aquatic biota or noxious aquatic species
in any specified period, and, if so—
(i) the quantity of those fish,
protected aquatic biota or noxious
aquatic species received by him or
her; and
(ii) the name and address of each
person who consigned, transported
or delivered those fish, protected
aquatic biota or noxious aquatic
species.
(2) In imposing a requirement under sub-
section (1), the Secretary—
(a) must specify a date by which the
requirement must be complied with;
and
(b) may also require that the person support
any details given with a statutory
declaration attesting to the truth of the
details.
(3) In specifying a date for the purposes of sub-
section (2)(a), the Secretary must allow a
reasonable time for the requirement to be
complied with.
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(4) A person who is given a notice under sub-
section (1) must comply with the
requirements of the notice by the date
specified in the notice.
Penalty: 60 penalty units.
(5) If a person who fails to comply with a notice
under sub-section (1) is the holder of a
licence or permit under this Act, the
Secretary may suspend or refuse to renew or
transfer the licence or permit until the
person—
(a) has complied with the requirements of
the notice; or
(b) satisfies the Secretary that he or she has
taken, or is taking, all reasonable steps
to do so.
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 the date on which he or
she creates or receives (as the case may be)
the document.
Penalty: 60 penalty units.
120C. Writing to be legible, visible and in
English
(1) This section applies if a person is required
under this Act—
(a) to record information; or
(b) to write or mark details in the form of
words on any thing, regardless of how
that requirement is expressed.
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(2) The person must ensure that the record of the
information or the writing or mark—
(a) is legible and is large enough to be
easily read; and
(b) in the case of writing or a mark on a
thing other than a document, is readily
visible to a person handling the thing;
and
(c) is in English.
Penalty: 60 penalty units.
(3) Nothing in sub-section (2) is intended to
preclude the person from also using a
language other than English in the record or
on the thing.".
17. Repeals consequent to section 16
Sections 100 and 101 of the Fisheries Act 1995
are repealed.
18. Insertion of sections 120AA–120AC
After section 120A of the Fisheries Act 1995
insert—
"120AA. Documents detailing sale of certain fish to
be created
(1) This section applies to a person who intends
to sell fish of a species specified by the
regulations for the purposes of this section in
a quantity specified by the regulations in
respect of that species.
(2) The person—
(a) must, before selling the fish, create a
document concerning the proposed sale
in the form required by the regulations
that contains the details required by the
regulations; and
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(b) in the case of a sale of the fish by
consignment, must ensure that a copy
of the document accompanies the
consignment; and
(c) in the case of any other sale, must
ensure that a copy of the document is
given to the purchaser at or before the
sale; and
(d) must keep a copy of the document.
Note: Section 120B requires that a document
of the sort referred to in this sub-section
must be kept for at least 3 years after its
creation.
Penalty: 60 penalty units.
(3) If asked to do so by an authorised officer or a
member of the police force, the person must
produce for inspection any document the
person has created under this section that is
in his or her possession.
Penalty: 60 penalty units.
120AB. Documents detailing receipt of certain fish
to be obtained
(1) This section applies to a person who buys
fish of a species specified by the regulations
for the purposes of section 120AA in a
quantity specified by the regulations for the
purposes of this section in respect of that
species.
(2) The person must ensure that he or she—
(a) obtains, on receiving the fish, a copy of
the document that the seller of the fish
was required to create by
section 120AA; and
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(b) keeps the copy of the document.
Note: Section 120B requires that a document
of the sort referred to in this sub-section
must be kept for at least 3 years after its
creation.
Penalty: 60 penalty units.
(3) If asked to do so by an authorised officer or a
member of the police force, the person must
produce for inspection any document the
person has obtained under this section that is
in his or her possession.
Penalty: 60 penalty units.
120AC. Possessor of certain quantities of fish to
produce document concerning possession
(1) This section applies to a person—
(a) who possesses fish of a particular
species in a quantity specified by the
regulations for the purposes of this
section in respect of that species; and
(b) who is required by the regulations to
have in his or her possession a
document specified by the regulations
relating to those fish.
(2) The person must have the document in his or
her possession as required by the regulations.
Penalty: 60 penalty units.
(3) If asked to do so by an authorised officer or a
member of the police force, the person must
produce for inspection any document the
person has in his or her possession in relation
to those fish.
Penalty: 60 penalty units.
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(4) In the case of a person who is not a person
who carries on the business of selling,
receiving or processing fish or fish products,
it is a defence to a charge under sub-
section (2) if the person can prove that the
fish were in his or her possession otherwise
than for the purposes of sale, processing for
reward, transportation for reward or storage
for reward.".
19. Repeal consequent to section 18
Section 99 of the Fisheries Act 1995 is repealed.
20. Limitation of exception to secrecy provision
For section 146(2)(c) of the Fisheries Act 1995
substitute—
"(c) producing some or all of a document or
divulging or communicating information to a
person or body specified by the regulations
for the purposes of this section if the
production, divulging or communicating is
authorised by the regulations or the Secretary
and complies with any conditions or
restrictions specified by the regulations or
the Secretary for the purposes of this
section;".
21. Insertion of section 147A
After section 147 of the Fisheries Act 1995
insert—
"147A. Use of information contrary to restrictions
(1) This section applies if—
(a) a person receives from a person listed
in section 146(1) any information
obtained in confidence, or that relates
to the personal affairs of another
person, that was acquired by the person
listed while acting in the capacity in
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respect of which the person is listed in
section 146; and
(b) the giving of the information by the
person listed was subject to conditions
or restrictions imposed by the
regulations or the Secretary concerning
the use of the information.
(2) The person who received the information
must not use, divulge or communicate the
information in a way that breaches any of
those conditions or restrictions.
Penalty: 200 penalty units.".
__________________
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PART 3—AMENDMENTS TO THE DOMESTIC (FERAL AND
NUISANCE) ANIMALS ACT 1994
22. Minister's power to delegate
In section 6 of the Domestic (Feral and
Nuisance) Animals Act 1994—
(a) after paragraph (aa) insert—
"(ab) his or her power to appoint authorised
officers under section 71;";
(b) in paragraph (b), for "certificates to
authorised officers under section 71"
substitute "identity cards to authorised
officers under section 73".
23. Dogs and cats to be registered at 3 months
In section 10(1) of the Domestic (Feral and
Nuisance) Animals Act 1994, for "6 months"
substitute "3 months".
24. Council may declare a dog to be dangerous
(1) In section 34(1)(c) of the Domestic (Feral and
Nuisance) Animals Act 1994, for "by another
Council" substitute "under a law of another State
or a Territory of the Commonwealth that
corresponds with this Division".
(2) After section 34(3) of the Domestic (Feral and
Nuisance) Animals Act 1994 insert—
"(4) A declaration under this section—
(a) has effect throughout Victoria; and
(b) cannot be revoked, amended or
otherwise altered.".
See:
Act No.
81/1994.
Reprint No. 2
as at
1 November
2002
and
amending
Act Nos
56/2003 and
103/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
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25. Notification of Council
(1) For section 37(1C) of the Domestic (Feral and
Nuisance) Animals Act 1994 substitute—
"(1C) If a Council is investigating an alleged
offence under section 29 in respect of a dog
and has advised the owner of the dog of that
investigation, the owner of the dog must
notify the Council within 24 hours if—
(a) the dog is missing; or
(b) the custody or ownership of the dog
changes; or
(c) the owner's address changes; or
(d) the place where the dog is kept
changes.
Penalty: 5 penalty units.".
(2) In section 37(2) of the Domestic (Feral and
Nuisance) Animals Act 1994—
(a) after "Council" insert "of the municipal
district in which the dog is kept";
(b) after paragraph (b) insert—
"(ba) the owner's address changes; or
(bb) the place where the dog is kept
changes; or";
(c) for the penalty at the foot of the sub-section
substitute—
"Penalty: 10 penalty units.".
26. Restraint of dangerous dogs when on owner's
premises
For the penalties at the foot of section 38(1) and
section 38(2) of the Domestic (Feral and
Nuisance) Animals Act 1994 substitute—
"Penalty: 10 penalty units.".
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27. Declaration that a dog is a menacing dog
(1) In section 41A(1)(b) of the Domestic (Feral and
Nuisance) Animals Act 1994, for "by another
Council" substitute "under a law of another State
or a Territory of the Commonwealth that
corresponds with this Division".
(2) After section 41A(5) of the Domestic (Feral and
Nuisance) Animals Act 1994 insert—
"(6) A declaration under this section has effect
throughout Victoria.".
28. Notification to Council in relation to menacing dog
In section 41D of the Domestic (Feral and
Nuisance) Animals Act 1994—
(a) after "Council" insert "of the municipal
district in which the dog is kept";
(b) after paragraph (b) insert—
"(ba) the owner's address changes; or
(bb) the place where the dog is kept
changes; or";
(c) for the penalty at the foot of the section
substitute—
"Penalty: 10 penalty units.".
29. Notifications in relation to restricted breed dogs
In section 41F(1) of the Domestic (Feral and
Nuisance) Animals Act 1994—
(a) for "that registered the dog" substitute "of
the municipal district in which the dog is
kept";
(b) after paragraph (a) insert—
"(aa) the owner's address changes; or
(ab) the place where the dog is kept
changes; or";
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(c) for the penalty at the foot of the sub-section
substitute—
"Penalty: 10 penalty units.".
30. Insertion of Part 3A
After Part 3 of the Domestic (Feral and
Nuisance) Animals Act 1994 insert—
'PART 3A—REGISTER OF DANGEROUS,
MENACING AND RESTRICTED BREED DOGS
44AA. Definition of inspect
In this Part "inspect" in relation to the
register kept under this Part, includes the
obtaining of information kept on the register
either orally or in writing.
44AB. Secretary must keep register of
dangerous, menacing and restricted breed
dogs
(1) The Secretary must keep a register of
dangerous and menacing dogs and dogs that
have been declared to be restricted breed
dogs under this Act.
(2) The register must—
(a) be kept in accordance with the
regulations; and
(b) contain the information provided to the
Secretary by a Council under sections
44AE, 44AG and 103 relating to
dangerous and menacing dogs, dogs
declared to be restricted breed dogs
under this Act and the owners of those
dogs.
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44AC. Persons who may inspect the register
(1) The following persons may, in accordance
with the regulations, inspect information
kept in the register—
(a) the Secretary or a person employed in
the Department acting in the course of
his or her duties under this Act;
(b) an authorised officer appointed under
section 71 or 72 acting in the course of
his or her duties under this Act;
(c) a Council or a person engaged or
employed by a Council acting in the
course of his, her or its duties under this
Act.
(2) A person to whom any one of the following
paragraphs applies may, in accordance with
the regulations, inspect information kept in
the register relating to a particular dog for
the purpose set out in the paragraph which
applies to that person—
(a) the owner of the dog, for the purposes
of confirming details relating to the dog
and the owner;
(b) a person to whom the owner of the dog
has given consent, for the purposes of
confirming details relating to the dog
and the owner;
(c) a person who wishes to purchase the
dog, for the purposes of confirming
whether the dog is a dangerous or
menacing dog or a dog that has been
declared to be a restricted breed dog
under this Act;
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(d) a veterinary practitioner who is in the
course of carrying on his or her
practice, for the purposes of confirming
whether the dog he or she is treating or
intends to treat is a dangerous or
menacing dog or a dog that has been
declared to be a restricted breed dog
under this Act;
(e) the holder of a domestic animals
registry licence who is in the course of
carrying on the business of providing a
domestic animals registry service, for
the purposes of confirming whether the
dog is a dangerous or menacing dog or
a dog that has been declared to be a
restricted breed dog under this Act;
(f) the proprietor of a domestic animal
business that is an animal shelter who is
in the course of conducting that
business on a premises registered for
that purpose under Division 1 of Part 4,
for the purposes of confirming whether
the dog is a dangerous or menacing dog
or a dog that has been declared to be a
restricted breed dog under this Act;
(g) a person employed or engaged by a
person referred to in paragraph (d), (e)
or (f) who is in the course of carrying
out his or her duties as such an
employee or under the engagement (as
the case may be), for the purposes set
out in the relevant paragraph;
(h) a person approved by the Secretary for
the purposes of carrying out research
(including the compilation, analysis and
publication of statistics relating to
dangerous dogs, menacing dogs or dogs
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that have been declared to be restricted
breed dogs under this Act) except
information that relates to the owner of
the dog.
(3) A person who, in accordance with sub-
section (2) inspects information kept in the
register, may request a copy of that
information on the payment of the prescribed
fee for the giving of such a copy to the
person.
44AD. Offence to inspect etc. information in
register
A person must not inspect or attempt to
inspect information kept in any part of the
register unless the person is authorised to do
so under section 44AC.
Penalty: 10 penalty units.
44AE. Councils to provide details of dangerous,
menacing or restricted breed dogs to
Secretary
A Council must provide to the Secretary the
information set out in section 44AF relating
to—
(a) a dog that is a dangerous dog by virtue
of the operation of section 34A, within
7 days after—
(i) receiving a notification from the
owner of the dog under section
37(1), 37(1A) or 37(1B); or
(ii) becoming aware that the dog is of
a class of dog described in section
37(1), 37(1A) or 37(1B); and
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(b) a dog that is declared by the Council
under section 34(1) to be a dangerous
dog or declared by the Council under
section 41A(1) to be a menacing dog,
within 7 days after—
(i) the end of the period during which
a person may apply to the
Victorian Civil and
Administrative Tribunal for a
review of the decision of the
Council to make the declaration;
or
(ii) if the person applies to the
Tribunal for a review of the
decision to make the declaration—
(A) the day the person withdraws
or abandons the application;
or
(B) the day that the Tribunal
dismisses, strikes out or
otherwise terminates
proceedings in relation to the
application; or
(C) the day that the Tribunal
affirms the decision of the
Council to make the
declaration—
whichever occurs first; and
(c) a dog that is declared by the owner of
the dog to be a restricted breed dog
under section 10(3), within 7 days after
receiving that declaration; and
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(d) a dog that is declared by an authorised
officer under section 98A to be a
restricted breed dog, within 7 days
after—
(i) the end of the period during which
a person may apply to a review
panel for a review of the decision
of the authorised officer to make
the declaration; or
(ii) if the person applies to a review
panel for a review of the decision
to make the declaration—
(A) the day the person withdraws
or abandons the application;
or
(B) the day that the review panel
dismisses, strikes out or
otherwise terminates
proceedings in relation to the
application; or
(C) the day that the review panel
affirms the decision of the
authorised officer to make
the declaration—
whichever occurs first.
44AF. Details of dangerous, menacing or
restricted breed dogs to be provided by
Councils
For the purposes of section 44AE, the
following information must be provided to
the Secretary by a Council—
(a) the name, address and contact details of
the owner of the dog;
(b) the place that the dog is kept;
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(c) the number of any prescribed
permanent identification device that has
been implanted in the dog;
(d) the registration number of the dog;
(e) the sex and the reproductive status of
the dog;
(f) the date of birth or age of the dog;
(g) the breed and colour of the dog;
(h) in the case of a dog declared to be a
dangerous or menacing dog, the name
of the Council or the Council officer
who made or initiated the declaration
and the date the declaration was made;
(i) in the case of a dog declared to be a
dangerous dog, the reasons for the dog
being so declared;
(j) in the case of a dog declared to be a
restricted breed dog by the owner of the
dog under section 10(3), the date the
declaration was made;
(k) in the case of a dog declared to be a
restricted breed dog by an authorised
officer under section 98A, the name of
that officer and the date the declaration
was made;
(l) the municipal district in which a
declaration referred to in paragraph (h),
(j) or (k) was made;
(m) the Council reference number;
(n) any other information required by the
regulations for the purposes of this
section.
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44AG. Council to provide information about
owners of dangerous, menacing or
restricted breed dogs
A Council must provide to the Secretary the
following information within 7 days after
receiving notification from an owner of a
dog under section 37(2), 41D or 41F(1)—
(a) details of any change in ownership of
the dog;
(b) details of any change in the address of
the owner of the dog;
(c) details of any change in the place where
the dog is kept.
44AH. Secretary may request confirmation of
information provided by Councils
(1) Once in any 12 month period the Secretary
may request in writing that a Council provide
the Secretary with a written statement as to
whether any information previously provided
to the Secretary by the Council under section
44AE, 44AG or 103 and set out in the
request is still accurate according to the
records of the Council.
(2) A Council that receives a request under sub-
section (1) must provide the Secretary with
the statement within 28 days after receiving
the request.
44AI. Secretary may contract out management
of the register
The Secretary may enter into a contract with
a person under which that person maintains
and manages the register.'.
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31. Insertion of section 57A
After section 57 of the Domestic (Feral and
Nuisance) Animals Act 1994 insert—
"57A. Court may cancel or revoke registration
(1) If, in any proceedings before a court—
(a) the holder of a registration under
Division 1 of Part 4 of a premises on
which a domestic animal business may
be conducted is convicted or found
guilty of an offence against this Act or
the regulations or an offence against the
Prevention of Cruelty to Animals
Act 1986 or the regulations made under
that Act; and
(b) the court is of the opinion that the
registration should be suspended or
revoked—
the court may make an order under sub-
section (2) or refer the matter to the Council
that registered the premises.
(2) For the purposes of sub-section (1) the court
may—
(a) order that the registration be suspended
for a period not exceeding one year; or
(b) order that the registration be revoked.
(3) The Registrar or other relevant officer of the
court must immediately forward a copy of an
order made under sub-section (2) to the
Council.".
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32. Additional infringement notice offences
In section 85(1) of the Domestic (Feral and
Nuisance) Animals Act 1994, for "38, 41E, 41G
or 63A" substitute "37(1C), 37(2), 38, 41D(b),
41D(ba), 41D(bb), 41D(c), 41E, 41F, 41G, 63A or
96".
33. Offence to sell certain animals outside certain places
In section 96 of the Domestic (Feral and
Nuisance) Animals Act 1994—
(a) for paragraph (a) substitute—
"(a) unless the animal is sold in the course
of conducting a domestic animal
business in a premises that is registered
under Part 4 for that purpose; or
(aa) unless the animal is sold in a place that
is a private residence; or";
(b) for the penalty at the foot of the section
substitute—
"Penalty: 10 penalty units.".
34. Power of authorised officers to make declarations as
to breed of dogs
After section 98A(2) of the Domestic (Feral and
Nuisance) Animals Act 1994 insert—
"(3) A declaration under this section—
(a) has effect throughout Victoria; and
(b) cannot be revoked, amended or
otherwise altered.".
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35. Regulations
After section 100(1)(f) of the Domestic (Feral
and Nuisance) Animals Act 1994 insert—
"(fa) in relation to the register kept by the
Secretary under Part 3A—
(i) information to be provided to the
Secretary for the purposes of the
register; and
(ii) the manner and procedures for the
giving of any information to the
Secretary required for the purposes of
the register; and
(iii) the form of the register and the manner
of keeping information, and the
information, to be kept in the register;
and
(iv) persons or classes of person who may
inspect (within the meaning of Part 3A)
and obtain information from the
register and the purposes for which
inspections of the register may be
made; and
(v) the procedures (including the times and
methods of inspection) relating to the
inspection of information kept in the
register and the obtaining of that
information; and
(vi) the fees that may be charged for
obtaining information from the register
and the persons or classes of person
that are to be charged such fees; and".
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36. Insertion of section 103
After section 102 of the Domestic (Feral and
Nuisance) Animals Act 1994 insert—
"103. Councils must provide existing
information relating to dangerous,
menacing and restricted breed dogs
A Council must provide to the Secretary, for
the purposes of the keeping of the register
under Part 3A, the information set out in
section 44AF relating to dogs that were
dangerous or menacing dogs, or declared to
be restricted breed dogs under this Act,
before the commencement of section 36 of
the Primary Industries Legislation
(Further Miscellaneous Amendments) Act
2004 within 28 days after that
commencement.".
__________________
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Part 4—Amendments to the Dairy Act 2000
Primary Industries Legislation (Further Miscellaneous
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PART 4—AMENDMENTS TO THE DAIRY ACT 2000
37. Definitions
In section 3 of the Dairy Act 2000—
(a) in the definition of "dairy distributor", for
"any" substitute "a business that operates a";
(b) in the definition of "dairy farmer", after
"owner of" insert "a business that operates";
(c) in the definition of "dairy manufacturer", for
"any" substitute "a business that operates a".
38. Insertion of section 22A
After section 22 of the Dairy Act 2000 insert—
"22A. Exemptions from licensing requirement
(1) The Authority may, in writing, exempt a
person from the requirement to hold a dairy
industry licence if—
(a) the person—
(i) is the proprietor of a food business
that operates at, on or from a food
premises that is registered under
Part VI of the Food Act 1984 and
that registration is in force; or
(ii) holds a current and valid licence
under Part 4 of the Meat Industry
Act 1993; or
(iii) holds a current and valid licence
under Part 3 of the Seafood
Safety Act 2003; and
See:
Act No.
37/2000.
Reprint No. 1
as at
1 July 2003
and
amending
Act No.
22/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
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(b) it is a requirement of the relevant Act
referred to in paragraph (a) that there is
in place a quality assurance program or
food safety program in relation to the
food produced or handled in the
business of the person; and
(c) in the opinion of the Authority, the
person's program adequately covers
dairy food safety in relation to any
dairy food dealt with in the business of
the person.
(2) An exemption under sub-section (1) may be
granted by the Authority to a person or to a
class of person—
(a) on the Authority's own motion or on the
application of a person on the person's
behalf or on behalf of a class of person;
and
(b) on payment by a person of any fee
fixed in respect of an application for
exemption.
(3) The Authority may, in writing, amend, vary
or revoke an exemption granted under sub-
section (1).".
39. Application for dairy industry licence
For section 23(1)(c) of the Dairy Act 2000
substitute—
"(c) together with the amount (if any) required by
the Authority to accompany the application
in respect of the relevant fee for the issue,
renewal or transfer of the licence.".
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40. Licence fees
After section 24(3) of the Dairy Act 2000
insert—
"(4) The Authority may, in consultation with the
dairy industry, determine—
(a) that licence fees may be paid in
instalments; and
(b) the timing and method of payment of
the instalments.".
41. Powers of Authority in respect of licences
After section 26(2)(e) of the Dairy Act 2000
insert—
"(ea) the applicant or licensee has defaulted on any
debt owed to the Authority;".
42. Review of decision of Authority
Before section 27(1)(a) of the Dairy Act 2000
insert—
"(aa) refuse to grant an exemption under section
22A(1) in respect of;".
43. Insertion of section 71
After section 70 of the Dairy Act 2000 insert—
"71. Validation of licences paid in instalments
(1) A dairy industry licence issued before the
commencement of section 43 of the Primary
Industries Legislation (Further
Miscellaneous Amendments) Act 2004 is
not invalid by reason only of the fact that any
licence fee paid in respect of it was paid by
instalments.
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(2) All licence fees paid by instalments before
that commencement are deemed to have
been validly collected.".
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Part 5—Amendments to the Impounding of Livestock Act 1994
Primary Industries Legislation (Further Miscellaneous
Amendments) Act 2004
Act No. 69/2004
40
PART 5—AMENDMENTS TO THE IMPOUNDING OF
LIVESTOCK ACT 1994
44. Purposes
After section 1(b) of the Impounding of
Livestock Act 1994 insert—
"(ba) provide for matters relating to the agistment
of horses;".
45. Insertion of Part 3A
After Part 3 of the Impounding of Livestock Act
1994 insert—
'PART 3A—LIEN OVER, AND RETENTION
AND SALE OF, AGISTED HORSES
24A. Application of Part
(1) This Part applies if a horse is agisted, a
default occurs with respect to any money
owed under the agistment agreement, and the
default is not rectified within 14 days after it
occurs.
(2) However, this Part does not apply if the
creation of a lien over the horse by the
person who is owed the money would be
inconsistent with any written agreement
between that person and the owner of the
horse as to how defaults concerning the
agistment are to be dealt with.
24B. Person owed money may create lien over
horse
(1) The person who is owed money under the
agistment agreement may create a lien over
the horse by serving a default notice on the
owner of the horse at any time after the
See:
Act No.
89/1994.
Reprint No. 2
27 March
2003
and
amending
Act No.
12/2004.
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owner has been in default under the
agreement for 14 or more days.
Note: Section 24F sets out what a default notice must
contain, and how it is to be served.
(2) On the creation of a lien over a horse, the
lien holder may retain possession of the
horse until the lien is extinguished under this
Part.
24C. Extinguishment of lien
A lien over a horse under this Part is
extinguished—
(a) on the owner of the horse becoming
entitled to recover possession of the
horse under section 24D; or
(b) on the lien holder selling, exchanging,
disposing of, or destroying the horse
under this Part; or
(c) on the lien holder signing a notice
stating that the default notice that
created the lien is withdrawn.
24D. Right of owner to return of horse
The owner of a horse that is subject to a lien
is entitled to recover possession of the horse
at any time before the horse is sold,
exchanged, disposed of, or destroyed if the
owner pays the lien holder—
(a) the amount that the owner was in
default on the date that the default
notice was issued, or if that amount
covers a period of agistment of more
than 3 months, the amount payable for
an agistment period of 3 months; and
(b) the amount of any additional expenses
(including agistment fees) incurred by
the lien holder in caring for the horse
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from the date that the default notice
was issued until—
(i) the expiry of 60 days from that
date; or
(ii) the extinguishment of the lien—
whichever occurs first; and
(c) the amount of any expenses in relation
to the intended sale, exchange, disposal,
or destruction of the horse that have
been reasonably incurred by the lien
holder.
24E. Lien holder may dispose of horse if
default not rectified
(1) If, after a default notice has been served, the
owner of a horse that is subject to a lien has
not paid the amounts required to recover
possession of the horse within 28 days after
the day the notice was served, the lien holder
may—
(a) sell, exchange or otherwise dispose of
the horse; or
(b) destroy the horse.
(2) Despite sub-section (1), the lien holder may
only exchange, dispose of, or destroy the
horse if—
(a) the horse has been offered for sale at a
public auction or by public tender; or
(b) the lien holder has obtained a certificate
from a veterinary practitioner registered
under the Veterinary Practice Act
1997 stating that the horse is unsuitable
for sale.
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(3) Despite sub-section (1), the lien holder must
not sell, exchange, dispose of, or destroy a
horse if the owner becomes entitled to
recover possession of the horse after the 28
day period referred to in sub-section (1).
24F. Default notice
(1) For the purposes of this Part, a default notice
is a notice—
(a) that states that the owner of a horse is
in default under an agistment
agreement and gives details of that
default, including how the amount of
any money owing as a result of the
default was calculated; and
(b) that informs the owner that the person
issuing the notice holds a lien over the
horse under this Part, and may retain
possession of the horse until the lien is
extinguished; and
(c) that informs the owner how the owner
may recover possession of the horse
under this Part, including details of—
(i) the amount payable under section
24D(a); and
(ii) the rate of any agistment fees
payable under section 24D(b) and
a description of any other fees that
are payable under that section; and
(iii) how the owner may obtain details
of how much is payable in respect
of the amounts referred to in
sections 24D(b) and 24D(c) if the
owner has not recovered the right
to possession of the horse within
28 days after the service of the
notice; and
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(d) that informs the owner that the person
may sell, exchange, dispose of, or
destroy the horse after 28 days after the
day that the notice is served if the
owner has not recovered possession of
the horse within that 28 day period
under section 24D; and
(e) that specifies when the notice is taken
to be served under sub-section (4); and
(f) that specifies the date of issue of the
notice.
(2) A default notice must be served on the owner
of the horse either in person or by registered
post addressed to the owner at the owner's
last known address.
(3) If the owner's address is not known, it is
sufficient compliance with sub-section (2)
for the lien holder to cause to be published in
the public notices section of a daily
newspaper circulating generally in Victoria a
notice in the following form—
"Attention: [name of owner]. Agistment fees
are owed for the horse left at [general
location of the property at which the horse is
being agisted] by you. Part 3A of the
Impounding of Livestock Act 1994 now
applies. For details contact: [contact details
of person issuing the default notice].".
(4) A notice under this section is to be taken to
be served—
(a) if served in person, on it being given to
the owner; or
(b) if served by registered post, on the day
after the day that the notice is posted; or
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(c) if sub-section (3) applies, on the day the
newspaper containing the notice is
published.
24G. When lien is created
A lien is created—
(a) if the default notice is served in person,
on the notice being served;
(b) in any other case, on the day the notice
is served.
24H. Sale of unclaimed horse by lien holder
(1) If a person holding a lien sells the horse that
is the subject of the lien, the person may
retain from the proceeds of the sale the
amounts specified in sections 24D(a),
24D(b) and 24D(c).
(2) The person must pay any remaining proceeds
of the sale to the owner of the horse or, if the
owner cannot be found, to the Consolidated
Fund.
(3) If the sale of the horse does not realise the
full amount owing to the person, the person
may sue the owner of the horse for the
remaining amount.
(4) The person must keep all records of the sale
for 2 years.
(5) A person holding a lien must not buy a horse
that the person has offered for sale under this
Part.
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24I. Passing of property on sale of horse
Property in a horse that is sold, exchanged or
disposed of under this Part passes to the
person who receives the horse unless—
(a) the sale, exchange or disposal was not
conducted at arm's length; or
(b) the person is aware that the lien holder
has not complied with any of the
provisions of this Part in selling,
exchanging or disposing of the horse.
24J. Offence to remove or retain custody of
horse subject to lien
(1) A person must not—
(a) remove a horse from a person who
holds a lien over that horse; or
(b) retain custody or possession of a horse
over which a lien is held—
without the consent of the lien holder.
Penalty: 10 penalty units.
(2) It is a defence to a charge under sub-
section (1)—
(a) if the default notice creating the lien
was served on the owner of the horse
by post and the horse was removed or
retained before the owner received the
notice;
(b) if the lien was created by publishing the
required notice in a newspaper and the
horse was removed or retained before
the owner became aware, or reasonably
should have become aware, that the lien
existed.
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(3) Despite sub-section (1), the owner of a horse
that has been left in the possession of another
person without the owner's consent may
recover that animal.
(4) Subject to sub-section (3), a lien continues to
exist even though the lien holder allows the
horse to be taken temporarily out of his or
her custody or possession.'.
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Part 6—Amendments to the Livestock Disease Control Act 1994
Primary Industries Legislation (Further Miscellaneous
Amendments) Act 2004
Act No. 69/2004
48
PART 6—AMENDMENTS TO THE LIVESTOCK DISEASE
CONTROL ACT 1994
46. Payments out of fund to interstate sheep producers
In section 79B(1) of the Livestock Disease
Control Act 1994—
(a) in paragraph (b), for "being destroyed."
substitute "being destroyed;";
(b) after paragraph (b) insert—
"(c) to a payment granted under section
79HB.".
47. Insertion of sections 79HA and 79HB
After section 79H of the Livestock Disease
Control Act 1994 insert—
'79HA. Interstate sheep producers may apply for
payment from fund in respect of duty paid
(1) An owner of sheep or the carcases of sheep
that were sold in Victoria and that were not
produced in Victoria may apply to the
Secretary for a payment from the Sheep and
Goat Compensation Fund equivalent to any
duty paid by, or on behalf of, the owner
during a financial year under section
92(1A)(b) or 95(1A)(b) in respect of the sale
of those sheep or carcases.
(2) An application under this section—
(a) must be made in a form and manner
approved by the Minister; and
(b) must include any information that the
Minister may require; and
See:
Act No.
115/1994.
Reprint No. 4
as at
1 July 2001
and
amending
Act Nos
84/2001,
89/2001,
56/2003 and
57/2003.
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(c) must be lodged no later than
31 October immediately following the
end of the financial year to which the
application relates.
(3) In this section "financial year" means any
period of 12 months ending on midnight on
30 June but does not include any such period
ending before or on 30 June 2004.
79HB. Secretary may grant or refuse application
(1) Subject to sub-section (2), the Secretary may
grant or refuse to grant an application under
section 79HA.
(2) The Secretary must grant an application
under section 79HA if—
(a) the applicant applies in accordance with
section 79HA(2); and
(b) the Secretary is satisfied that the
application relates to duty paid under
section 92(1A)(b) or 95(1A)(b) during
the financial year specified in the
application by or on behalf of the
applicant in respect of the sale of sheep
or carcases of sheep that were owned
by the applicant and that were not
produced in Victoria.
(3) The Secretary must notify the applicant in
writing of his or her decision under this
section.'.
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Part 7—Amendments to the Prevention of Cruelty to Animals Act 1986
Primary Industries Legislation (Further Miscellaneous
Amendments) Act 2004
Act No. 69/2004
50
PART 7—AMENDMENTS TO THE PREVENTION OF
CRUELTY TO ANIMALS ACT 1986
48. Application of Act
(1) In section 6(1)(d) of the Prevention of Cruelty to
Animals Act 1986 omit "or the Wildlife Act
1975".
(2) After section 6(1A) of the Prevention of Cruelty
to Animals Act 1986 insert—
"(1B) This Act, except Part 3, does not apply to
anything done in accordance with the
Wildlife Act 1975.".
49. Permits for rodeos and rodeo schools
(1) In section 8 of the Prevention of Cruelty to
Animals Act 1986, in the definition of "permit",
for "conduct a rodeo or operate" substitute
"operate a rodeo or".
(2) In section 16 of the Prevention of Cruelty to
Animals Act 1986 insert the following heading—
"Permits to operate rodeos or rodeo schools".
(3) In section 16 of the Prevention of Cruelty to
Animals Act 1986—
(a) in sub-section (1)(a), for "conduct"
substitute "operate";
(b) before sub-section (3)(a) insert—
"(aa) he or she is not satisfied that the
applicant is the person who intends to
supply the stock to be used at the rodeo
or the rodeo school (as the case may
be); or";
See:
Act No.
46/1986.
Reprint No. 6
as at
5 August
2004.
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(c) in sub-section (3)(b), for "conduct of a rodeo
or operation of" substitute "operation of a
rodeo or";
(d) in sub-section (3)(c), for "conduct the rodeo
or operate" substitute "operate the rodeo or".
(4) In section 17 of the Prevention of Cruelty to
Animals Act 1986, for "conducts a rodeo or
operates" (where twice occurring) substitute
"operates a rodeo or".
(5) In section 42(1)(d) of the Prevention of Cruelty
to Animals Act 1986—
(a) for "conduct a rodeo" substitute "operate a
rodeo";
(b) for "conduct of rodeos" substitute
"operation of rodeos".
50. Part-time officers of RSPCA may be inspectors
In section 18(1)(b)(ii) of the Prevention of
Cruelty to Animals Act 1986, after "full-time"
insert "or part-time".
51. Powers of inspectors
In section 21(1) of the Prevention of Cruelty to
Animals Act 1986, after "this Part" insert "and
the regulations".
52. Search warrants for premises
(1) In the heading to section 21A of the Prevention
of Cruelty to Animals Act 1986, for "dwellings"
substitute "premises".
(2) In section 21A of the Prevention of Cruelty to
Animals Act 1986—
(a) in sub-sections (1)(b) and (2)(b), after
"section 9" insert "or the regulations";
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(b) in sub-sections (1), (2) and (3), for
"dwelling" (wherever occurring) substitute
"premises".
(3) In sections 21B and 21C of the Prevention of
Cruelty to Animals Act 1986, for "dwelling"
(wherever occurring) substitute "premises".
53. Powers of specialist inspectors
In section 22A(1) of the Prevention of Cruelty to
Animals Act 1986—
(a) after "this Part" insert "and the regulations";
(b) for paragraph (b)(i) substitute—
"(i) to enter premises, other than a person's
dwelling, in or on which an animal or
animals are housed or grouped for any
purpose; and";
(c) in paragraph (b)(iii), after "management of"
insert "an animal or".
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Part 8—Amendments to other Acts
Primary Industries Legislation (Further Miscellaneous
Amendments) Act 2004
Act No. 69/2004
53
PART 8—AMENDMENTS TO OTHER ACTS
54. Amendments to the Agricultural and Veterinary
Chemicals (Control of Use) Act 1992
(1) In section 20(1) of the Agricultural and
Veterinary Chemicals (Control of Use) Act
1992, for "who manufactures meal of animal
origin must not sell the meal" substitute "must
not sell meal of animal origin".
(2) In section 20(2) of the Agricultural and
Veterinary Chemicals (Control of Use) Act
1992, for "manufactures" substitute "sells".
(3) After section 75(1) of the Agricultural and
Veterinary Chemicals (Control of Use) Act
1992 insert—
"(1A) A fee fixed under sub-section (1) must be
fixed as one or more fee units or as part of
a fee unit.
(1B) The following applies in respect of a fee—
(a) the fee may be expressed as being, or
including, a part of a fee unit, but only
of a part that is a tenth or more of a fee
unit;
(b) the amount of the fee is to be calculated
by multiplying the number of fee units
applicable by the value of a fee unit
fixed from time to time under section 5
of the Monetary Units Act 2004;
(c) despite section 7(3) of the Monetary
Units Act 2004, if the amount of a fee
calculated in accordance with
paragraph (b) is not a multiple of
5 cents, the amount must be rounded
down to the nearest multiple of
5 cents.".
See:
Act No.
46/1992.
Reprint No. 3
as at
17 October
2001
and
amending
Act Nos
56/2003 and
22/2004.
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55. Substitution of sections 56 and 57 of the Mineral
Resources Development Act 1990
For sections 56 and 57 of the Mineral Resources
Development Act 1990 substitute—
"56. Who may grant a miner's right
(1) The Department Head may grant a miner's
right.
(2) The Department Head may authorise in
writing—
(a) a person or body; or
(b) all people or bodies falling within a
specified class—
to grant miner's rights.
57. Grant of miner's right
On receiving an application for a miner's
right, a person who is authorised to grant
miner's rights must grant the miner's right to
the applicant if the application has been
made in accordance with the regulations.".
56. Regulation-making power for fees
After section 124(7) of the Mineral Resources
Development Act 1990 insert—
"(8) Regulations made under sub-section (1)(v)
may—
(a) vary according to differences in time,
place or circumstance; and
(b) provide for different fees for—
(i) different activities or classes of
activities; or
(ii) different cases or classes of cases;
or
See:
Act No.
92/1990.
Reprint No. 5
as at
23 August
2001
and
amending
Act Nos
71/2001,
82/2001,
40/2002,
50/2002 and
56/2003.
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(iii) different modes of providing any
service in respect of which those
fees apply.".
57. Amendments to Conservation, Forests and Lands
Act 1987
(1) In section 91(3) of the Conservation, Forests
and Lands Act 1987, for "2 penalty units"
substitute "10 penalty units".
(2) After section 96(1)(a) of the Conservation,
Forests and Lands Act 1987 insert—
"(aa) proceedings for an associated offence within
the meaning of the Fisheries Act 1995;".
58. Amendments to the Animals Legislation (Animal
Welfare) Act 2003
In section 20(2) of the Animals Legislation
(Animal Welfare) Act 2003, in proposed
section 85(1A) of the Domestic (Feral and
Nuisance) Animals Act 1994, for "38(2)"
substitute "38".
59. Amendments to the Confiscation Act 1997
In Schedule 2 to the Confiscation Act 1997—
(a) in items 3A and 5, for "8 or 9" substitute
"8, 9 or 10";
(b) after item 4 insert—
"4A. An offence of conspiracy to commit an offence
referred to in item 10 in the circumstances
referred to in that item.".
See:
Act No.
41/1987.
Reprint No. 5
as at
17 June 2003
and
amending
Act Nos
97/2003 and
48/2004.
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s. 57
See:
Act No.
103/2003.
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See:
Act No.
108/1997.
Reprint No. 3
as at
1 January
2004
and
amending
Act Nos
114/2003,
45/2004 and
48/2004.
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60. Amendment to the Crimes (Controlled Operations)
Act 2004
In section 49 of the Crimes (Controlled
Operations) Act 2004, in proposed section 131A
of the Fisheries Act 1995, in the definition of
"relevant offence"—
(a) in paragraph (a), after "68A," insert "68B,";
(b) after paragraph (a) insert—
"(aa) an associated offence in relation to any
offence listed in paragraph (a); or".
61. Repeal of the Barley Marketing Act 1993
The Barley Marketing Act 1993 is repealed.
═══════════════
See:
Act No.
16/2004.
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s. 60
See:
Act No.
7/1993.
Reprint No. 1
as at
28 October
1999
and
amending
Act Nos
44/2001 and
56/2003.
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 16 September 2004
Legislative Council: 7 October 2004
The long title for the Bill for this Act was "to amend various Acts relating
to primary industries, to amend various Acts relating to animals and to
amend the Confiscation Act 1997 and the Crimes (Controlled
Operations) Act 2004 and to repeal the Barley Marketing Act 1993 and
for other purposes."
Endnotes
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