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1995
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 gives effect to the Schedule of amendments to the Stock Diseases
Act 1923 (Schedule 1).
Schedule 1
Amendments
Schedule 1 contains the amendments described above.
Schedule l [1][4] amend section 3 to provide a definition of protected area
(a concept already in the Act, meaning an area notified by the Minister under
existing section 11A as an area into which certain stock or things must not
be brought), to define record in order to simplify references to documents,
papers and other records in the substantive provisions of the Act, and to
update or consequentially amend the definitions of Director-General,
infected and quarantine area.
Schedule 1 [5] amends section 5 so that it will refer to the Department of
Agriculture (as it is now called).
Schedule 1 [6] amends section 6 to ensure that the appointment of
inspectors is not dependent on notification in the Gazette.
Schedule 1 [7][11] incorporate in section 7 an inspector's power to require
stock to be tested by their owner or person in charge of them (in addition to
the present power of an inspector simply to do the testing), to detain or take
possession of stock by displaying a notice adjacent to the stock, to brand or
otherwise mark stock for the purposes of the Act and to permit the
movement of stock in a number of cases where it would otherwise be illegal
to move the stock. The items also update a reference to Departmental
officers.
Schedule 1 [12] and [13] simplify the expression of the requirement in
section 7A that a person produce records on demand to an inspector, but
limit the situation in which the person must comply with the requirement (so
that an inspector must warn the person that it is an offence not to comply
with such a requirement).
Schedule 1 [14][17] amend section 8 in relation to the manner of
disinfecting buildings and land and, in addition, empower an inspector to
require a person to disinfect clothing or footwear or to test infected stock.
Explanatory note page 2
Schedule 1 [18] and [36] replace sections 8C and 20I with a provision
prohibiting the obstruction of inspectors which largely parallels section 50 of
the Exotic Diseases of Animals Act 1991 (proposed section 20I).
Schedule 1 [19] and [20] amend section 9 to provide a fresh list of officers
to whom notice must be given if there is an outbreak of disease in stock, to
indicate the matters to be included in the notice and to provide for a specific
penalty for failing to give such a notice.
Schedule 1 [21] amends section 11 to enable voluntary quarantine
undertakings to be accepted or ended by an inspector on behalf of the
Minister, instead of solely by the Minister, as at present.
Schedule 1 [22] amends section 12A to enable the stop sign used by
inspectors to be one approved by the Chief, Division of Animal Industries
instead of one prescribed by the regulations.
Schedule l [23] restates provisions from the old regulations as a new section
12B to enable the Minister to prohibit agricultural shows and public sales in
cases where it is necessary to do so to prevent the spread of disease in stock.
Schedule l [24] amends section 13 to enable fencing orders to be given by
inspectors to occupiers of land as well as landowners, and lessees of Crown
land, if the land is in an area where there is a general Ministerial requirement
to fence land.
Schedule 1 [25] substitutes section 17 to enable the Minister to authorise the
Chief, Division of Animal Industries and Senior Field Veterinary Officers to
order the destruction of infected stock, infected carcasses and other infected
things. The destruction of uninfected stock, carcasses and other things may
also be ordered, but only in quarantine areas or protected areas. Whether the
stock are infected or not, destruction may only be ordered if it would help
prevent the spread of disease and only if certain formal requirements set out
in the proposed section are met.
Schedule 1 [26] amends section 18 to require the approval of the Chief,
Division of Animal Industries, a Senior Field Veterinary Officer or the
Chairman of the Board of Tick Control before an order for destruction under
section 17 (as substituted by the proposed Act) which has not been complied
with can be carried out by an inspector.
Schedule 1 [27] inserts proposed section 19FA to create an offence of
attaching wrong tags to stock or branding stock wrongly.
Schedule 1 [28] inserts in section 20 an additional subsection to prohibit the
sale of stock illegally brought into New South Wales unless an inspector has
authorised the sale.
Explanatory note page 3
Schedule 1 [29] replaces section 20B (which prohibits the sale of diseased
stock) with a provision that will apply only to cases where a person has
reason to believe, or ought to know, that stock are diseased. The new section
will allow special sales of diseased stock to be held in limited circumstances.
Schedule 1 [29] also inserts proposed section 20BA to require notice of a
public sale to be given in advance to inspectors if the sale is to be held in a
quarantine area.
Schedule 1 [30] and [31] extend the application of the restrictions on the
movement of stock contained in section 20C to movement into, within and
out of quarantine areas, and makes certain consequential amendments. It is
also made clear that section 20C does not prevent the movement of stock in
accordance with orders or permits under the Act or to special sales of
diseased stock. Section 20C (as amended) will also require the cleaning of
vehicles used to move infected stock.
Schedule 1 [32] enlarges the concept of straying in section 20D to include
stock straying from a quarantine area.
Schedule 1 [33] introduces a prohibition (in section 20F) against interfering
with inspectors' notices (such as notices to detain cattle or to stop vehicles).
Schedule 1 [34] transfers prohibitions included in the old regulations to
proposed sections 20FA (Treatment or seizure of stock) and 20FB (Feeding
of prohibited substance to stock).
Schedule 1 [35] amends section 20G to broaden its prohibition to cover the
removal of brands and marks.
Schedule 1 [37][40] make miscellaneous (including consequential)
amendments to the regulation-making power in section 23.
Schedule 1 [41] and [42] insert savings and transitional provisions
(proposed section 24 and Schedule 2).
Explanatory note page 4