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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Animal Diseases Legislation
Amendment (Civil Liability) Bill 2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Exotic Diseases of Animals Act 1991 No 73 2
4 Amendment of Stock Diseases Act 1923 No 34 2
Schedule 1 Amendment of Exotic Diseases of Animals Act 1991 3
Schedule 2 Amendment of Stock Diseases Act 1923 4
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2004
New South Wales
Animal Diseases Legislation
Amendment (Civil Liability) Bill 2004
Act No , 2004
An Act to amend the Exotic Diseases of Animals Act 1991 and the Stock
Diseases Act 1923 to provide protection from civil liability for the disclosure of
information in accordance with those Acts; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Animal Diseases Legislation Amendment (Civil Liability) Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Animal Diseases Legislation Amendment (Civil
Liability) Act 2004.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Exotic Diseases of Animals Act 1991 No 73
The Exotic Diseases of Animals Act 1991 is amended as set out in
Schedule 1.
4 Amendment of Stock Diseases Act 1923 No 34
The Stock Diseases Act 1923 is amended as set out in Schedule 2.
Page 2
Animal Diseases Legislation Amendment (Civil Liability) Bill 2004
Amendment of Exotic Diseases of Animals Act 1991 Schedule 1
Schedule 1 Amendment of Exotic Diseases of Animals
Act 1991
(Section 3)
Section 75A
Insert after section 75:
75A Exclusion of personal liability for information required to be
provided under this Act
(1) If a person is required under this Act to provide any
information, the provision of that information by the person
does not subject the person personally to any action, liability,
claim or demand.
(2) Without limiting subsection (1), a person is required to
provide information under this Act if:
(a) the person is required to answer a question put to the
person under this Act, or
(b) the person is required to give a notice or other document
under this Act, or
(c) the person is required to produce a record or other
document under this Act.
(3) Nothing in this section affects the criminal liability of any
person under this Act or any other Act or law.
(4) This section extends to any information that a person was
required to provide under this Act that was provided before
the commencement of this section, but does not extend to
proceedings in respect of the provision of such information
that were brought before that commencement.
Page 3
Animal Diseases Legislation Amendment (Civil Liability) Bill 2004
Schedule 2 Amendment of Stock Diseases Act 1923
Schedule 2 Amendment of Stock Diseases Act 1923
(Section 4)
[1] Section 9A Protection from liability for notification of diseases
Omit the section.
[2] Section 22B
Insert after section 22A:
22B Exclusion of personal liability for information required to be
provided under this Act
(1) If a person is required under this Act to provide any
information, the provision of that information by the person
does not subject the person personally to any action, liability,
claim or demand.
(2) Without limiting subsection (1), a person is required to
provide information under this Act if:
(a) the person is required to answer a question put to the
person under this Act, or
(b) the person is required to give a notice or other document
under this Act, or
(c) the person is required to produce a record or other
document under this Act.
(3) Nothing in this section affects the criminal liability of any
person under this Act or any other Act or law.
(4) This section extends to any information that a person was
required to provide under this Act that was provided before
the commencement of this section, but does not extend to
proceedings in respect of the provision of such information
that were brought before that commencement.
Page 4
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