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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Stock Diseases Amendment Bill 1999
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Stock Diseases Act 1923 No 34 2
4 Amendment of Rural Lands Protection Act 1989 No 197 2
Schedules
1 Amendment of Stock Diseases Act 1923 3
2 Amendment of Rural Lands Protection Act 1989 7
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, , 1999
New South Wales
Stock Diseases Amendment Bill 1999
Act No , 1999
An Act to amend the Stock Diseases Act 1923 in relation to the identification of
stock and the providing of information relating to stock; and for other purposes.
See also Stock (Chemical Residues) Amendment Act 1999.
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 Stock Diseases Amendment Bill 1999
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Stock Diseases Amendment Act 1999.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Stock Diseases Act 1923 No 34
The Stock Diseases Act 1923 is amended as set out in Schedule 1.
4 Amendment of Rural Lands Protection Act 1989 No 197
The Rural Lands Protection Act 1989 is amended as set out in
Schedule 2.
Page 2
Stock Diseases Amendment Bill 1999
Amendment of Stock Diseases Act 1923 Schedule 1
Schedule 1 Amendment of Stock Diseases Act 1923
(Section 3)
[1] Section 8 Further powers of inspectors in relation to infected stock
Omit "given to" from section 8 (1) (c). Insert instead "served on".
[2] Section 9A
Insert after section 9:
9A Protection from liability for notification of diseases
The notification of a disease as required by section 9 does not
subject the person notifying the disease to any civil liability
arising from any confidentiality of the matters required to be
notified.
[3] Part 4A Identification of stock
Omit the Part.
[4] Section 20C Movement of stock
Omit "in compliance with a permit or order (as referred to in subsection
(3))" from section 20C (5).
[5] Section 20C (5A)
Insert after section 20C (5):
(5A) A person is not guilty of an offence under subsection (5) if the
person did not know, and could not reasonably be expected to
have known, that the stock transported in the vehicle concerned
were infected stock.
Page 3
Stock Diseases Amendment Bill 1999
Schedule 1 Amendment of Stock Diseases Act 1923
[6] Section 20G Person must not deface brand or mark with yellow
pigment
Omit "(except Part 4A)" from section 20G (1).
[7] Section 20G (3)
Insert after section 20G (2):
(3) The prohibition in subsection (1) does not extend to any means
of identification applied to stock for the purposes of a scheme
of identification established by the regulations.
[8] Section 20J
Omit section 20J. Insert instead:
20J Providing false or misleading information
(1) A person must not, in making a statement or providing
information for the purposes of this Act, make a statement or
provide information to the Minister or a person engaged in the
administration of this Act, or to any other person, that is false
or misleading in a material particular.
Maximum penalty: 100 penalty units.
(2) A person must not, in connection with a sale or disposition or
proposed sale or disposition of stock, make a statement or
provide information in relation to:
(a) the presence or absence of infection in stock, carcasses
or land, or
(b) any matter relevant to an assessment of the likelihood of
the exposure of stock to infection, or
(c) any other matter prescribed by the regulations,
that is false or misleading in a material particular.
Maximum penalty: 100 penalty units.
(3) It is a defence to a prosecution for an offence against this
section if the defendant satisfies the court:
Page 4
Stock Diseases Amendment Bill 1999
Amendment of Stock Diseases Act 1923 Schedule 1
(a) in the case of a prosecution in relation to making a false
statement or providing false information, that the
defendant reasonably believed that the statement or
information was true, or
(b) in the case of a prosecution in relation to making a
misleading statement or providing misleading
information, that the defendant had no intention, in
making the statement or providing the information, to
mislead.
[9] Section 22A
Insert after section 22:
22A Protection from liability for providing information or advice
The provision, by the Minister or a person concerned in the
administration of this Act, of any information or advice in
relation to the presence or absence of infection in stock,
carcasses or land does not subject the Minister or the person to
any liability if the information or advice was provided in good
faith.
[10] Section 23 Regulations
Omit section 23 (3). Insert instead:
(3) A regulation may create an offence:
(a) for a breach of a provision of a regulation made under
subsection (1) (c) with respect to schemes of
identification of stock (including any provision
prohibiting the removal, alteration or defacement of, or
other interference with, any means of identification
applied to stock for the purposes of such a scheme),
punishable by a penalty not exceeding 100 penalty units,
and
(b) for a breach of any other provision of the regulations,
punishable by a penalty not exceeding 50 penalty units.
Page 5
Stock Diseases Amendment Bill 1999
Schedule 1 Amendment of Stock Diseases Act 1923
(4) Regulations made under subsection (1) (c) may make provision
for or with respect to the levy of contributions, out of rates
payable to or other prescribed income of a rural lands
protection board established under the Rural Lands Protection
Act 1989 (or any Act amending or replacing that Act), toward
the maintenance of a register of information kept for the
purposes of any scheme of identification of stock.
[11] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Stock Diseases Amendment Act 1999
[12] Schedule 2 Part 4
Insert after Part 3:
Part 4 Provisions consequent on enactment of
Stock Diseases Amendment Act 1999
12 Protection from liability for providing information or advice
Section 22A applies to the provision of information or advice
before or after the commencement of that section.
Page 6
Stock Diseases Amendment Bill 1999
Amendment of Rural Lands Protection Act 1989 Schedule 2
Schedule 2 Amendment of Rural Lands Protection Act
1989
(Section 4)
Section 9 Functions generally
Omit section 9 (2) (i). Insert instead:
(i) the exercise of any function conferred on it by or under
the Stock Diseases Act 1923 or the Stock (Chemical
Residues) Act 1975 in connection with schemes of
identification of stock or other matters.
Page 7
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