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EXOTIC DISEASES OF ANIMALS BILL 1991
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to provide a scheme for detecting and responding to
outbreaks of diseases that are capable of serious and widespread effect on livestock and
other kinds of animals.
The diseases covered by the scheme include foot and mouth disease and rabies,
which are serious diseases known to affect animals of many species. Provision is made
for inclusion of other diseases from time to time. All the diseases to which the scheme
will apply are known collectively as "exotic diseases".
The principal strategies of the Bill are:
Identification of areas associated with a risk of a particular disease--this is done
by the Minister (or a senior officer of the Department of Agriculture or other
prescribed person, by delegation). Depending on the seriousness of the risk
involved, prohibitions or restrictions apply to the movement of animals, animal
products, vehicles etc. into, out of or within the area concerned.
Compulsory reporting of disease outbreaks--a duty is imposed on veterinary
surgeons and animal owners or custodians to report suspected outbreaks without
delay.
Compensation for animals killed by, or destroyed in connection with, an exotic
disease--the compensation is an incentive for early reporting of disease
outbreaks.
Border checks--the importation into the State of certain animals may be
prohibited
Destruction orders--infected animals may be ordered to be destroyed, as may
buildings and vehicles that are considered incapable of effective disinfection.
Control measures by police and inspectors--various powers are vested in them
for fighting disease at the local level
The Bill, in so far as it proposes a compensation scheme, replaces the scheme
contained in the provisions of Division 4 of Part 4 of the Stock Diseases Act 1923,
which relate to foot and mouth disease (and potentially to other diseases) in stock The
Bill provides for the repeal of those provisions.
A more detailed summary of the provisions of the Bill now follows.
Act No. 73
Exotic Diseases of Animals 1991
PART 1--PRELIMINARY (cll. 16)
Clauses 13 provide for formal matters such as the short title and commencement of
the proposed Act and the use of defined terms.
Clause 4 provides that the proposed Act will bind the Crown.
Clauses 5 and 6 are designed to ensure that measures that may be taken under the
proposed Act for the detection, containment and eradication of disease are not impeded
by the fact that any land or any animal is protected or otherwise dealt with in a
particular way by any other law. These clauses provide that any power conferred by the
proposed Act may be exercised without the consent of any person or body in whom the
care, control, management or supervision of any land or animal is vested and without
compliance with requirements that might otherwise apply.
PART 2-RESPONSIBILITIES OF ANIMAL OWNERS AND OTHERS
(cll. 7-9)
This Part imposes a duty on any persons who own or are in charge of animals, or
veterinary surgeons dealing with animals, to report outbreaks of exotic disease as soon
as possible. Any animals or animal products that are suspected of infection must be kept
separate from other animals and animal products. Failure to observe these duties carries
a maximum penalty of 200 penalty units. (One penalty unit = $100.)
A prohibition is imposed on the possession, or administration to any animal, of an
exotic disease agent. This prohibition carries a maximum penalty of 1,000 penalty units.
PART 3--DECLARED AREAS ETC.
Division 1--Infected places and infected vehicles (cll. 1014)
Areas thought to be infected may be classified by the Minister as infected places.
Vehicles may also be declared infected.
A permit is required:
· to enter or leave an infected place
· to move animals, animal products etc. into or out of an infected place
Similar restrictions apply to an infected vehicle.
The permit holder may be required to disinfect any animal, animal product etc.
before moving it into or out of the infected vehicle or place, and may have to comply
with other conditions.
Entry to and exit from an infected area is restricted to particular points.
Failure to observe the prohibitions and restrictions applying to an infected area or
infected vehicle carries a maximum penalty of 400 penalty units or imprisonment for up
to 12 months, or both.
Division 2--Restricted areas (cll. 1520)
Areas of high risk may be classified as restricted areas. The effect of this
classification is similar to that of an infected area, except that a restricted area applies
only to the movement of certain kinds of animals, animal products, fodder, finings or
Exotic Diseases of Animals 1991
vehicles. Movement of these things is prohibited except by permit-holders, and entry
and exit is similarly restricted to designated access points.
In addition, the Minister may require measures to be taken by animal owners and
others within the area for containing or eradicating the particular disease.
Similar penalties apply for failure to observe the requirements of the propod Act in
relation to the area.
Division 3--Control areas (cll. 21-23)
In order to contain a disease, an area may be classified as a control area in relation to
certain kinds of animals or animal products.
Within the area an inspector may, at the Minister's direction, regulate sales, shows
and other events involving animals and animal products.
Failure to obey orders of the inspector carries a maximum penalty of 200 penalty
units or imprisonment for 6 months, or both.
Division 4--General (cll. 24-27)
This Division contains provisions ancillary to the classification of areas and the
enforcement of prohibitions and restrictions applying to them, in particular providing
for:
· the issue and revocation of permits
· restraint of persons contravening any relevant prohibitions or restrictions
· penalties for interference with gates etc. in declared areas
PART 4--OTHER POWERS OF THE MINISTER
Division 1-Border security (cll. 28-31)
This Division enables the making of "importation orders" by the Minister. These arc
orders prohibiting or restricting the importation into New South Wales of particular
kinds of animals, animal products, fodder, fittings or vehicles.
Contravention of an importation order carries a maximum penalty of 200 penalty
units or 6 months imprisonment, or both.
Division 2--Particular premises, animals etc. (cll. 32-34)
This Division enables the making of "destruction orders" by the Minister. These art
orders for the destruction of infected animals or animals reasonably suspected of
infection, or for the destruction of buildings (other than dwellings), vehicles etc. that
cannot be disinfected
Failure to co-operate with a destruction order carries a maximum penalty of 200
penalty units or imprisonment for 6 months, or both.
Exotic Diseases of Animals 1991
PART 5--POWERS OF INSPECTORS
Division l-Local quarantines (cll. 3538)
This Division allows "quarantine orders" to be made by an inspector. These are
orders that temporarily prohibit or restrict the movement of animals, animal products,
fodder or fittings on to or from a place or vehicle and the movement of vehicles.
Contravention of an inspector's quarantine order carries a maximum penalty of 200
penalty units or imprisonment for 6 months, or both.
A quarantine order may be revoked at any time, but lapses after 40 days unless
extended by the Chief Veterinary Officer (an officer employed in the Department of
Agriculture).
Division 2--Disinfection orders (cll. 39, 40)
This Division allows "disinfection orders" to be made by an inspector. These are
orders requiring places or vehicles in which animals have been housed etc. to be
disinfected.
Failure to comply with the order carries a maximum penalty of 200 penalty units or
imprisonment for 6 months, or both.
Division 3--Power of seizure (cll. 41, 42)
An inspector may seize and impound any animal, animal product, fodder or fitting, or
any vehicle, that is placed, exposed, moved, imported or sold contrary to the proposed
Act or which is suspected of infection.
Thereafter the animal or other thing may be destroyed on the authority of the Chief
Veterinary Officer or, if it can be made free of the risk of infection, may be released to
its owner.
Division 4--Power to obtain information (cll. 43, 44)
For the prevention, control or eradication of an exotic disease, an inspector may
compel a person to answer questions. Failure to answer is an offence, provided the
person has been warned. False answers, falsifying documents or trying to stop the
inspector from copying a document arc also punishable. The offences carry a maximum
penalty of 200 penalty units or imprisonment for 6 months, or both.
Division 5--Miscellaneous powers (cll. 4547)
For the purposes of the proposed Act, an inspector may enter and search premises
and vehicles, inspect animals, their fodder and fittings, test or disinfect animals and
exercise other powers conferred by this Division.
In the exercise of those powers, an inspector may require assistance from animal
owners or other persons. Inspectors who are not police officers may call upon the police
for assistance where necessary.
This Division contains provisions that are ancillary to the exercise by inspectors of
their powers under the proposed Act, in particular:
· authorising the issue of a search warrant where it is necessary for the purposes of
the proposed Act to inspect a dwelling
· requiring inspectors (other than uniformed police) to produce their identity cards
· providing penalties for obstructing inspectors
PART 6--THE EXOTIC DISEASES COMPENSATION AND ERADICATION
FUND (cll. 51-53)
This Part establishes a fund for financing measures taken under the proposed Act
against exotic diseases. It is to be funded by money provided by Parliament or by loans
from the Treasury, Commonwealth grants and gifts.
PART 7--COMPENSATION (cll. 5465)
This Part establishes a scheme of compensation for animal owners in cases where an
animal dies, or an animal or other property is destroyed, in connection with an exotic
disease outbreak,
The scheme applies only in relation to exotic diseases that are for the time being
declared by the Minister to be diseases to which Part 7 of the proposed Act applies.
The compensation payable is the market value of the animal or other property, as if
the animal or property were free from disease or contamination.
Market value of an animal is assessable as at the time the animal was reported to be
diseased, or as at the date of its destruction. Other property is valued as at the date of
destruction.
The amount of Compensation may be agreed between a representative of the Chief
Veterinary Officer and the person entitled to compensation. If agreement is not reached,
the amount is to be independently determined.
Compensation may be disallowed or reduced in cases where the person seeking the
compensation was wholly or partly responsible for the outbreak of the disease.
PART 8--ADMINISTRATION (cll. 66-69)
This Part provides for the appointment of a Chief Veterinary Officer, Deputy Chief
Veterinary Officers and inspectors for the purposes of the proposed Act.
Provision is made for the Minister's powers to be exercised, under delegation, by the
Director-General of the Department of Agriculture or by the Chief Veterinary Officer, a
Deputy Chief Veterinary Officer or a person prescribed by the regulations.
Provision is also made for the issue of identity cards to inspectors.
Many of the powers conferred by the proposed Act are predicated on a reasonable
suspicion that an animal, place or thing is infected with an exotic disease. Clause 70 is a
commentary on what counts, for the purposes of the proposed Act, as such a reasonable
suspicion. Essentially, an animal, place or thing can be suspected of infection if there is
reason to think that an exotic disease agent is present in it or on it. In the case of an
animal, it doesn't matter that the animal may not be exhibiting signs of disease.
Suspicion of infection is reasonable if an animal has been travelling with other animals,
or in a vehicle, or over a place, believed to have been infected.
Clause 71 provides for the appropriate forum in which prosecutions for offences
under the proposed Act are to be taken.
Clause 72 provides for corporations to be fined up to five times the amount that can
be imposed on an individual for an offence under the proposed Act or the regulations.
Clause 73 allows directors and managers of a corporation to be prosecuted for
offences committed by the corporation with their knowledge and authority.
Clause 74 allows an inspector to carry out an order in default of compliance by the
person to whom the order was given. In such cases, the cost of carrying out the order is
a debt recoverable by the Minister from that person or the person responsible for the
non-compliance.
Clause 75 affords protection to the Minister, inspectors and others against lawsuits
on account of things done or omitted while exercising a power under the proposed Act.
The section also covers things done or omitted by private citizens assisting an inspector.
Clause 76 bars litigation that seeks to obstruct the Minister or other persons from
taking action under the proposed Act in relation to an outbreak of exotic disease in any
area of the State.
Clause 77 provides for the signposting of roads and other points near a declared
area.
Clause 78 provides for the making of regulations.
Clauses 79 and 80 give effect to consequential amendments to the Stock Diseases
Act 1923 and the Search Warrants Act 1985. Clause 79 also contains a transitional
provision relating to the funds of the Foot and Mouth Disease Eradication Fund
established under the Stock Diseases Act 1923.
Schedule 1 amends the Stock Diseases Act 1923 as a consequence of the
of the proposed Act.
The Dictionary defines terms used in the proposed Act that require definition.