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Bill 1998
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
( a )
Act 1985.
(b)
Exotic Diseases of
Act 1991,
(c) Stock Diseases Act 1923.
(d) Stork Medicines Act 1989.
The amendments are explained in detail below in relation to each Act
amended.
* Amended in committee--see table at end of volume.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the
Apiaries Act 1985 set out in Schedule 1.
Clause 4 is a formal provision giving effect to the amendments to the Exotic
Diseases of Animals Act 1991 set out in Schedule 2.
Clause 5 is a formal provision giving effect to the amendments to the Stock
Diseases Act 1923 set out in Schedule 3.
Clause 6 is a formal provision giving effect to the amendments to the Stock
Medicines Act 1989 set out in Schedule 4.
Schedule 1 Amendment of Apiaries Act 1985
Powers of inspectors
Schedule 1 [2] inserts proposed section 24A into the Principal Act. The
proposed section will allow inspectors to test bees. beehives, appliances or
apiary products for diseases and residues and to take specimens for testing, or
to order the owners or persons in charge of any bees, beehives, appliances or
apiary products to have such tests done. Schedule 1 [1] is a consequential
amendment.
Schedule 1 [3] amends section 38 of the Principal Act to extend the power of
entry of inspectors to include the power to bring assistants. vehicles and
equipment onto premises.
Schedule 1 [4] inserts proposed section 38A into the Principal Act. The
proposed section will allow an inspector to request the assistance of police
officers (if the inspector reasonably believes the performance of the
inspector's functions under the Principal Act will be obstructed) or the
assistance of other persons (if the inspector believes they are capable of
providing assistance in the performance of functions conferred on the
inspector by or under the Principal Act).
Explanatory note page 2
Description of land
Schedule
1 [5] inserts proposed section 54 into the Principal Act. The
proposed section provides that land is sufficiently described in a document
given under the Principal Act if the description allows no reasonable doubt as
to the land to which the document relates.
Schedule 2
Amendment of Exotic Diseases of Animals
Act 1991
Definitions and notes in the Act
Schedule 2 [ l ] and [23] provide definitions of carcass and infected for the
purposes of the Principal Act.
Schedule 2 [2] and [24] insert proposed section 6A into the Principal Act and
amend the definition of exotic disease in the Dictionary to the Principal Act,
respectively. At present exotic disease is defined to mean foot and mouth
disease. rabies or any other animal disease declared by the Minister by order
published in the Gazette to be an exotic disease for the purposes of the
Principal Act. Proposed section 6A will enable the Minister. by order in
writing. to declare any animal disease to be an exotic disease for the purposes
of the Act. Such an order takes effect immediately but must be published in
the Gazette within 14 days of being made. Schedule 2 [22] inserts two
proposed sections into the Principal Act. Proposed section 81 is a savings and
transitional provision which will save the operation of declarations of exotic
diseases made by the Minister before the commencement of proposed section
6A. Proposed section 82 provides that notes in the text of the Principal Act
(such as the new note after proposed section 6A) are explanatory notes only
and do not form part of the Act.
Boundaries of restricted areas
Schedule 2 [4] removes the power of the Minister to vary the boundaries of a
restricted area by notice in writing. This item also clarifies that the power to
vary the boundaries of a restricted area that includes part of a roadway that is
indicated by a sign may be exercised by moving the sign in an appropriate
manner. Schedule 2 [3] and [5] are consequential amendments.
Explanatory note page 3
Control orders
Schedule 2 [6] amends section 22 of the Principal Act to confer on an
inspector an additional power (which may be exercised only if directed by the
Minister) to order specified persons within a control area to take such
measures as the inspector thinks fit in order to contain or eradicate an exotic
disease. Schedule 2 [7] is a consequential amendment.
Destruction orders
Schedule 2 [8] provides that a destruction order under section 32 of the
Principal Act may specify the method by which an animal or property is to be
destroyed and the method of disposal of the carcass of a destroyed animal or
destroyed property.
Quarantine orders
Schedule 2 [9] amends section 35 (1 ) of the Principal Act to allow an
inspector to order the quarantine of premises. places or vehicles that he or she
reasonably suspects (rather than knows) are infected with an exotic disease.
Quarantine undertakings
Schedule 2 [10] inserts proposed section 38A into the Principal Act. The
proposed section will enable an inspector, instead of making a quarantine
order. to accept a quarantine Undertaking from the owner or person in charge.
or apparent control of. any premises, place or vehicle and makes it an offence
not to comply with such an undertaking. Schedule 2 [13] and [21] make
consequential amendments. Schedule 2 [17][20] expand section 74 of the
Principal Act to cover cases of non-compliance with requirements of
undertakings under proposed section 38A. If such a requirement is not
complied with. an inspector may cause the requirement to be carried out and
the costs and expenses of doing so may be recovered from the person who
gave the undertaking or who was responsible for the person's
non-compliance.
Powers of inspectors
Schedule 2 [11] amends section 39 (1) of the Principal Act so that if an
inspector reasonably suspects a person. premises. place or vehicle to be
infected with an exotic disease. the inspector may order the owner or person
in charge or in apparent control of the premises. place or vehicle. or any other
person entering the premises. place or vehicle. to disinfect themselves or
things on or about them. Schedule 2 [12] makes a consequential amendment.
Explanatory note page 4
Schedule 2 [14] and [15] amend section 45 of the Principal Act. These
amendments make it clear that an inspector may do any of the actions
specified in that section for the purpose of exercising any power or function
conferred on an inspector by or under the Principal Act, and that an inspector
may use the powers specified in section 45 in relation to premises and places
that have been the subject of a quarantine order, a quarantine undertaking or a
declaration of an infected place within the preceding 2 years.
Schedule 2 [16] amends section 46 of the Principal Act to expand the power
of an inspector to require assistance. The proposed section 46 (1) will enable
an inspector to require any person on or in any premises. place, area or
vehicle that the inspector reasonably suspects to be infected with an exotic
disease to give reasonable assistance to the inspector. The proposed section
will now also apply to the owner or person in charge. or in apparent control,
of any animal on or in such premises. place, area or vehicle.
Schedule 3
Amendment of Stock Diseases Act 1923
Declaration of protected (control) areas
Schedule 3 [3] amends section 11A of the Principal Act. Currently section
11A allows the Minister to declare certain land to be a protected area and
restrict or prohibit the bringing into the area of any stock or any class of
stock, or any carcass, fodder, fittings or animal products and may require any
specified class or classes of stock within a protected area to be subjected to
tests. Section 11A. as amended. will allow the Minister to also declare certain
land to be a protected (control) area. A protected (control) area will be an
area where there is a moderate prevalence of a stock disease. Schedule 3 [5]
makes a minor amendment to section 11A (2) to allow the Minister to require
any specified class or classes of stock within a protected area or protected
(control) area to be subject to such treatment as is specified in the same
notification that declares the protected area or protected (control) area or in a
like notification. Schedule 3
[2]. [4]. [6]. [7]. [12]. [13], [19] and [25]
make consequential amendments.
Regulation of movement of carcasses, fodder, fittings and
animal products
Schedule 3 [8][11] and [14] amend sections 12 and 15 of the Principal Act
so that not only the movement of stock and classes of stock but also the
movement of carcasses, fodder, fittings and animal products may be regulated
under those sections.
Explanatory note page 5
Defences to prosecutions relating to removal, alteration
defacement of tags
Schedule 3 [15] inserts proposed section 19G (4) into the Principal Act. This
provision provides a defence to a prosecution under section 19G, concerning
the removal, alteration or defacement of tags, if the defendant establishes that
the defendant removed a tag, or caused a tag to be removed. altered or
defaced. or the particulars of identification on a tag to be altered or defaced.
in accordance with the regulations.
Regulation of sale and movement of infected stock
Schedule 3 [16][18] and [20][22] amend sections 20B and 20C of the
Principal Act which contain certain offences relating to the sale of diseased
stock and the movement of stock. Currently sections 20B ( 3 ) and 20C (3)
provide for exceptions to the offences in those sections for stock infected
with footrot. sheep lice or Brucella ovis. The amendments expand these
exceptions to other diseases declared by the Minister for the purposes of the
sections. These amendments also insert proposed section 20B (3A) and 20C
(3A) which provide that sections 20B and 20C do not prevent the sale or
movement of infected stock to a feedlot that transports all its stock directly to
slaughter and is authorised in writing by the Chief. Division of Animal
Industries as a feedlot to which such stock may be sold or moved. Schedule 3
[16] replaces the use of the term "diseased stock" in section 20B with the
wider term "infected stock" (which includes not only diseased stock but also
stock that has been on land on which there is. or within the last 12 months
has been. diseased stock).
Bribery
Schedule 3 [23] inserts proposed section 20K into the Principal Act which
makes it an offence to bribe an inspector.
Schemes of stock identification
Schedule 3 [24] amends section 23 of the Principal Act (the general
regulation-making power) to allow regulations to be made that would
prescribe and regulate schemes of identification of stock (whether
compulsory or voluntary).
Explanatory note page 6
Schedule 4
Amendment of Stock Medicines Act 1989
Definitions
Schedule 4 [1] provides definitions of prescribe and tag for the purposes of
the Principal Act.
Orders relating to identification or marking of stock not
treated with a stock medicine
Schedule 4 [3] and [4] amend section 46 of the Principal Act to make it clear
that the Director-General, in addition to making orders relating to the
identification or marking of stock treated with a stock medicine, may also
make orders relating to the identification or marking of stock that has not
been treated with a stock medicine.
Powers of inspectors
Schedule 4 [5], [6] and [7] amend section 50 of the Principal Act to extend
the powers of inspectors. Schedule 4 [5] will allow an inspector to require
production of, and allow inspection. copying and the taking of extracts from.
not only records required to be kept by or under the Principal Act, but also
any document otherwise held or kept by a person that relates to the
advertising of a stock medicine. Schedule 4 [6] extends the current power of
seizure of substances, articles and containers to cases where the inspector
suspects on reasonable grounds that there has been a contravention of a
permit. order or authority in force under the Principal Act. Schedule 4 [7]
gives inspectors the power to seize and remove any tag the inspector believes
on reasonable grounds is being used in contravention of an order by the
Director-General under the Principal Act.
Miscellaneous
Schedule 4 [2] makes an amendment by way of statute
law revision.
Explanatory note page 7