Livestock Disease Control (Amendment) Act 2003

i Livestock Disease Control (Amendment) Act 2003 Act No. 57/2003 TABLE OF PROVISIONS Section Page 1. Purposes 1 2. Commencement 2 3. Purposes and objectives 2 4. Swill feeding of pigs 2 5. Appropriations for liabilities of the Fund 3 6. New section 79C substituted 3 79C. Compensation payable for Johne's and declared diseases 3 7. Protection of control programs 3 8. Inspectors 4 9. New section 138A inserted 5 138A. Supreme Court—limitation of jurisdiction 5 10. Plant Health and Plant Products—inspectors 6 ═══════════════ ENDNOTES 8 -- 1 of 9 -- 1 Livestock Disease Control (Amendment) Act 2003 † [Assented to 16 June 2003] The Parliament of Victoria enacts as follows: 1. Purposes The main purposes of this Act are to amend— (a) the Livestock Disease Control Act 1994 to make further provision for the prevention, monitoring and control of exotic livestock diseases; and (b) the Plant Health and Plant Products Act 1995 to make further provision for the control and eradication of exotic diseases. Victoria No. 57 of 2003 -- 2 of 9 -- Act No. 57/2003 Livestock Disease Control (Amendment) Act 2003 2 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Purposes and objectives (1) In section 1 of the Livestock Disease Control Act 1994 after "the" insert "prevention,". (2) In section 4 of the Livestock Disease Control Act 1994— (a) in paragraphs (a) and (b) after "by" insert "preventing,"; (b) in paragraph (c) after "the" insert "preventing,"; (c) in paragraph (d) for "diseases" substitute "diseases;"; (d) after paragraph (d) insert— "(e) to facilitate the operation of livestock identification and tracking programs for disease and residue control and market access.". 4. Swill feeding of pigs In section 41(1) of the Livestock Disease Control Act 1994— (a) in paragraphs (a), (b) and (c) after "mammal" insert "or that has been in direct contact with s. 2 See: Act No. 115/1994. Reprint No. 4 as at 1 July 2001 and amending Act Nos 84/2001 and 89/2001. LawToday: www.dms. dpc.vic. gov.au -- 3 of 9 -- Act No. 57/2003 Livestock Disease Control (Amendment) Act 2003 3 material originating from a placental mammal"; (b) in paragraph (c) for "pig." substitute "pig; or"; (c) after paragraph (c) insert— "(d) supply to another person material that originates from a placental mammal or that has been in direct contact with material originating from a placental mammal that the person supplying the material knows is for use for feeding to any pig.". 5. Appropriations for liabilities of the Fund Section 79B(4) of the Livestock Disease Control Act 1994 is repealed. 6. New section 79C substituted For section 79C of the Livestock Disease Control Act 1994 substitute— "79C. Compensation payable for Johne's and declared diseases Compensation is only payable under this Division in respect of— (a) Johne's Disease; or (b) any other disease that is declared by Order in Council published in the Government Gazette to be a compensatable disease in respect of sheep or goats.". 7. Protection of control programs (1) For section 105(1) of the Livestock Disease Control Act 1994 substitute— "(1) The Secretary may by order in writing certify that— s. 5 -- 4 of 9 -- Act No. 57/2003 Livestock Disease Control (Amendment) Act 2003 4 (a) an outbreak of an exotic disease exists in any part or area of Victoria; or (b) an outbreak of an exotic disease exists in any other part or area of Australia outside Victoria and it is necessary or expedient to take action or to make any authorisation or declaration under this Act to prevent, or reduce the risk of, the spread of the disease to Victoria.". (2) In section 105(2) of the Livestock Disease Control Act 1994, after "disease" insert "(whether within Victoria or any other part or area of Australia referred to in an order under sub- section (1)(b))". 8. Inspectors (1) For section 108(2) of the Livestock Disease Control Act 1994 substitute— "(2) If the Secretary makes an order under section 105 that an outbreak of exotic disease exists in any part or area of Victoria or in any part or area of Australia, the Secretary may, by instrument appoint— (a) any suitably qualified person to be an inspector; (b) members of the Police Force of Victoria or persons employed or engaged by emergency services agencies within the meaning of the Emergency Management Act 1986 to be inspectors— for the purposes of all or any of the provisions of this Act and in respect of all or any livestock specified in the instrument for the period that the order remains in force. s. 8 -- 5 of 9 -- Act No. 57/2003 Livestock Disease Control (Amendment) Act 2003 5 (2A) A person in a class of persons appointed under sub-section (2)(b) may perform all of the functions and exercise all of the powers of an inspector under Division 3 of this Part.". (2) In section 108(3) and (4) of the Livestock Disease Control Act 1994 after "inspector" (where first occurring) insert "appointed under sub-section (1) or (2)(a)". (3) After section 108(4) of the Livestock Disease Control Act 1994 insert— "(5) An inspector appointed under sub-section (2)(b) must, in the course of performing his or her functions or exercising his or her powers under this Act, produce to any person who requests its production— (a) his or her identification as a member of the Police Force or a person employed or engaged by an emergency services agency; and (b) in the case of a person employed or engaged by an emergency services agency, a copy of the instrument of appointment under sub-section (2)(b).". 9. New section 138A inserted After section 138 of the Livestock Disease Control Act 1994 insert— "138A. Supreme Court—limitation of jurisdiction It is the intention of section 105(2) (as amended by section 7(2) of the Livestock Disease Control (Amendment) Act 2003) to alter or vary section 85 of the Constitution Act 1975.". s. 9 -- 6 of 9 -- Act No. 57/2003 Livestock Disease Control (Amendment) Act 2003 6 10. Plant Health and Plant Products—inspectors (1) In section 51(1) of the Plant Health and Plant Products Act 1995 for "and plant products or any plant or plant product" substitute ", plant products, plant vectors, used packages and agricultural equipment and soil or any plant, plant product, plant vector, used package or agricultural equipment or soil". (2) After section 51(1) of the Plant Health and Plant Products Act 1995 insert— "(1A) If the Minister makes an order under section 17 or 20 declaring a quarantine area or restricted area, the Secretary may, by instrument, appoint members of the Police Force of Victoria or persons employed or engaged by emergency services agencies within the meaning of the Emergency Management Act 1986 to be inspectors for the purposes of all or any of the provisions of this Act and in respect of all plants, plant products, plant vectors, used packages or agricultural equipment or soil or any plant, plant product, plant vector, used package or agricultural equipment or soil specified in the order for the period the order remains in force. (1B) A person in a class of persons appointed under sub-section (1A) may perform all of the functions and exercise all of the powers of an inspector under Part 8.". s. 10 See: Act No. 51/1995. Reprint No. 1 as at 8 August 1997 and amending Act Nos 26/1998, 46/1998, 52/1998, 83/1998, 62/2000 and 44/2002. LawToday: www.dms. dpc.vic. gov.au -- 7 of 9 -- Act No. 57/2003 Livestock Disease Control (Amendment) Act 2003 7 (3) In section 51(5) of the Plant Health and Plant Products Act 1995 after "each inspector" insert "appointed under sub-section (1)". (4) In section 51(6) of the Plant Health and Plant Products Act 1995 after "inspector" insert "appointed under sub-section (1)". (5) After section 51(6) of the Plant Health and Plant Products Act 1995 insert— "(7) An inspector appointed under sub-section (1A) must, in the course of performing his or her functions or exercising his or her powers under this Act, produce to any person who requests its production— (a) his or her identification as a member of the Police Force or a person employed or engaged by an emergency services agency; and (b) in the case of a person employed or engaged by an emergency services agency, a copy of the instrument of appointment under sub-section (1A).". ═══════════════ s. 10 -- 8 of 9 -- Act No. 57/2003 Livestock Disease Control (Amendment) Act 2003 8 ENDNOTES † Minister's second reading speech— Legislative Assembly: 1 May 2003 Legislative Council: 10 June 2003 The long title for the Bill for this Act was "to amend the Livestock Disease Control Act 1994 and the Plant Health and Plant Products Act 1995 and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 1 May 2003 Legislative Council: 10 June 2003 Absolute majorities: Legislative Assembly: 5 June 2003 Legislative Council: 10 June 2003 Endnotes -- 9 of 9 --